The southern press., 1850-07-29

which is consistent with the Constitution, III
senator from New Yotk never msid that--neve
meant that. He said il toverrode the Constitution
and he would stand by that in preference TO u
We all acknowledge that law consistent with th'
Constitution, the supreme law, the Supreme Ielne
which is higher than the Constitution, and, being
consistent with il, imposes an additional obliga.
tion to support it,. IL is only, therefore, when
the supreme law is annulling the Constitution that
the whole remark Of the honorable senator can
have any sense IN u.
Mr. BALDWIN. Mr.. President, rise sim.
ply TO put myself right in regard TO the answe,
which gave to the general inquiry of the senator
from Maryland, as to what the senator from New
York was understood TO say m regard to that
higher law of which he spoke. said, in reply
TO the inquiry Of the senator from Maryland, thai
understood the senator from New York, when
he spoke of that higher law, TO say that it was in
harmony with the Constitution. noticed a
smile OF incredulity upon the face Of the senator
from Maryland when made that reply, and
was desirous, therefore, Of procuring the speech
of the seoator from New York, in order that I
might refresh my own memory. lhave it now in
my hand, and will read from il. The senator
from New York says, in speaking Of the public do
nam!
80" But there il vet another aspect in which this
principle must be examined. It regards the do
main only as possession, to be enjoyed either
i'm common or by partition by the citizens OF the
b old States II is true, indeed, that the national
domain is ours. 1t is true it was acquired by the
valor and with the wealth of the whole nation.
But we hold, nevertheless, no arbitrary power
over it, We hold no arbitrary authority over
anything, whether acquired lawfully or seized by
,usurpation. The Constitution regulates our
stewardship; the Constitution devotes the domain
TO union to justice, to defence, to welfare, and to
liberty. &c. eAtf4t
!, But there is higher law than the Constitution
which regulates our authority over the domain
and devotes it to the same noble purposes. The
territory is part, no inconsiderable part, Of the
common heritage of mankind, bestowed upor
them by the Creator of the Universe. We are
his stewards, and must so discharge trust as to
secure, in the highest attainable degree, therhap.
piness." Eeaa
That is the part of the speech to which re-
ferred, and which i believe, according to my
general recollection of it, is published substaIi-
tally, if not literally, as it was spoken. But, sir,
rose not merely for the purpose Of making this
explanation, but 10 state, on the amendment pro-
posed by the Senator from New York, that shall
be obliged to record my vote against it. And l
wish to state to the Senate that shall vote, not
because under the circumstances in which New
Mexico is now placed. | should vote against her
admission, if she came here with a constitution
demanding admission into the Union, in fulhlment
of the stipulation of the treaty by which she was
acquired; for in that case | should feel bound !,
under the circumstances now existing, to record
my vote in her favor. But for the reasons which
have been stated by my friend from New Jersey
and my friend from New Hampshire, feel my
self constrained to vote against this amendment Of
the present amendment of the senator from
Maine. sffb est y in ll hsgE gsat.,ls had at =
Mr.. DAVIS, of Mississippi, moved an adjourn
ment, which motion was rejected--yeas %, nays
27--as follows: t4. t,jl asl fr8 fsnaE Ela'I
YEAs-Messrs, Baldwin, Barnwell, Benton,
Butler, Chase Clarke, Davis of Massachusetts,
Davis of Mississippi, Dayton, Dodge of Wscon-
sin, Greene, Hale, Hamlin, Hunter, Mason,
Miller, Morton, Seward, Smith, Soule, Turney
Upham, and Yulee--23.
NAYs-Messrs. Atchison, Badger, Berrien,
Bradbury, Bright Cass, Clay, Cooper, Dawson.
Foote. Jones, King, Mangum, Pratt, Rusk,
wood, Wales, Walker, and Whitcomb-27
DIR. CHASE. Before the question is taken on
this amendment Of the Senator from New York, /
wish to say word or two. Thefrst is in regard
to the general appeal made by the senator from.
MARYLAND. In reference to that have to say that
| never understood the honorable senator from
New York as stating the proposition attributed to
him by the senator from Maryland. But think
that matter is sufficiently disposed of by the quo
tation from the speech given by the senator from
Connecticut. Of course have no idea of concur
ring in the measure which the senator from Mary
land has intimated purpose of bringing before
the Senate. / would rather express wish that
instead Of this general denunciation, and instead
ofan occasional threat Of expelling some senator,
theS would put that purpose ina definite form, and
have the action of the Senate upon it. i have
nothing fsrther to say upon that point. 9a
Ia Mr. FOOIE. Will the honorable senator give
way for moment iai nia0 old. f4Fg Ba9
~ Mr.. CHASE. No. Sir /; / cannot. H. rs les
Mr.. FOOTE.toI wish only to crafty your
wish. atIg ,8al H l3Sy giad .asaa w go
Mr. CHASE. / expressed no wish that the
thing should be done. But i think it would be a
great deal better, instead of announcing purposes,
to do deeds. Now, in regard to the amendment
proposed by the senator from New York, all
have to say s, that when the constitution of New
Mexico is before this body, and the boundaries in
the constitution found to be such as proper
and legitimate, i am ready toDyote for the ad-
mission of New Mexico with these boundaries.
If the boundaries are not found to be such as she
is legitimately entitled to, then am ready to vote
for her admission with a reduction Of her bounda-
ries. But, to explain my position on that point,
I ask leave to read to the Senate a resolution
adopted by the democracy Of Ohio, assembled in
convention on the 4h Of July last. do not refer to
thnt party known as the {" free democracy" who
hold opinions on the subject Of slavery not alto
gether in accordance with those now entertained
by the old democratic party refer to that body
Of the democracy that supported the honorable
senator from Michigan at tle fast presluentlal
election, and not to the portion that supported
Mr.. Van Buren. Well, sir, that democracy held
convention on the last 4th Of July, and this was
the resolution that was unanimously adopted. |
quote the resolution as published in the q Ohio
Statesman" the organ of the Ohio democracy:
''Resoiped, That we hail with high satisfaction the
action Of the people Of California and New Mex
leo in the formation of governments for them
selves; and we insist on their admission into the
Union with the constitutions they have adopted,
without delay. .,r ". t,
In accordance with the spirit Of that resolution,
which has the appreciation of my Judgment, / am
prepared to act, But upon this present amend
ment am not inclined to vote.
Mr.. FOOTE. simple rise to make an expla-
nation. have no unkind feelings with regard to
the honorable senator from Ohio, or anybody in
this body. But meant to be understood-and
would have said so distinctly, il the honorable
senator from Ohio had given way-that ifany MEM
f.l..- H. III