Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1850-02-15

hands upon the institution within the territories
and IS 1t or is it not subject to our control D
, or, u II Is, as | conceive it to be- a mere con
! 'ttutlonal question, 1t is not matter to be set
tied by violence. It is matter to be discussed
coolly and calmly. Such being the character
OF the issue between Us, whatever determine
ton may exist here or elsewhere. and howeye
} trmly and earnestly the issue NAV be maintain
ca by the respective parties to it, yet gentle
mn Will permit me to saw that all threats anl
violence, all purposes of disunion. of separatr
independent State action, aud any and all meas
ures not justified nor called for by the cons,itu.
ticn, are, in my judgment, at present altogether
premature. Sir, Congress has not yet attempted
TO exercise the power in this instance--that is
IN relation to the newly acquired territories
Before we talk Of dissoIving the Union, let u.
wait and see whether Congress will exercise il
II, sir it should turn out that the WIlmot Pro-
vlso, or the ordinance of 1897, cannot be passed
through Congress, the South will be satisfied
and we certainly shall not attempt to carry eth.
cr into execution by force. But sir, suppose
Congress should enact the Wmot Proviso, or
| suppose we should incorporate the ordinance of
81 into an act establishing Territorial Govern
ments, has the time then arrived for disunion ?
for resistance 10 the constitution Has the
| time then arrived for independent State action
Or any extreme measures not warranted by the
| constitution Itself
Mr.. Foote. It would be usurpation.
Mr. Phelps. The Senator may call it ousur.
patton" if he plpases. But repeat the one:-
ton, suppose tn, Wilmot Proviso should pIss ?
! Has the time arrived for separate, independent
state action, by way OF resistance. to the action
Congress- call 1t usurpi'ion, or what you please d?
! No. sir; nat get. The Constitution has provl.
ded It's remedy; the trainers of that instrument,
/ orc5eelng that there might be difference of
| opinion in defining precisely the powers confer
! red by it, have provided peaceful tribunal for
! the adjustment of such controversies-that Fri.
| bnnaI which sits in the chamber below us, Mr.
tres'ueht' Vhe Supreme Court.) 1t is for them
to pass on the validity Of these ordinances.
Sir, we were told Yesterday that we had moth.
ing to do with their decision that we are to fol-
low our own opinion, without regard to their ad.
Jude atoms, and are to b. guided solely BY our
own Judgment. All this may be true to a GER
tam extent In giving orr votes here, we are
guided by the dictates of own judgments and
we form our own opinions of what is consitu-
uonal anl what is Mt but, sir, when law
comes so be enacted, and the question whether
that law is constitutional or bot is raised, the
decision of that tribunal, whether it is or not
CONSTITUTIONAL, binds the Government, and de.
cIdes the Executive whether to put the law in
force or not. II the decision is adverse to the
49,, H. "' 49,, t,''"",y ana III
" ''I u'o's'o" VI '"1' u,D"h'i' or, Is
Nv, ,'o ',i' 0l'I'e Us PI"," "ne" t4c Judg-
, na ~ 'n.' you! H!u o' 'le o'nGr House Is
p'osju "Jon "'I' SupI'"t' ana lne Ni,mot Pro-
II uI' Io"9''l"''o"'''ly OF the
,.;tI - u'.I'-" "ttc - coh'u'uI'ohaI
''S '''a' ~ 80" ' ''' ,i'eauo''
Ill, hoWi ~, VII. Or WI" not 'Ar NoFtn ana > )uth
o,'.' " rs u'cIS'o" w Il! eitler party
~ oeo'ut o" tie cUhsltut'onaIi'y OF the
,'T J." I"uI Pt''oh Oh tie decIS'on OF ms lrou.
in,' '''u ~ t'a' utcIS'on 1T u'Hthce or
,i''' even ""c" ti'Se measures omen
sEc as l11y MAJ De regarded IN some quarters,
are P'1>eu mere, 'he t,me Tor resistance in any
o'"et 9'iPe ,ntn III loIIoWIng OUT the remedies
Po''u i,, ny lie constitution has not yet arriv-
GU " n1L' uie accession OF tnat tribunal Is pro-
'o""ceu' s.oud II estaOIlsli the power Tor which
we d. ''e Norln contend, IL VIII then be inly IN
seaso" carry eho"g! Tor inc gentlemen OF the
'ou'h 20 o'@'h Y" calculate Tie value OF the IN
o"' ana determine whether they can any longer
i've uhcer II, As eXpounded by the various de-
Par'hehtS OF the Government. Sir, we have
many mass ilr,u.rll vnt. mani, o.,