The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27

ing, by this amendment, very delicate question Of ju-
risdction. Ii is subject which do not believe is ger
to this BILL and which, If annexed 10 IT, viii have
the effect OF destroying il.
Mr. BERRlEN have been very anxious, Mr Presi-
aen that should be enabled 10 bring this bill 10 close
DAY But II II sthe purpose OF the senator from Mass
aGnuseis 10 peTsevere ~ attempting by the amendment
oughl 70 be considered distinct and ubstalive
ue seems 70 me we cannot in justice to the subject,
proceed TO hna action upon to-day. Sir, il is Of
he greatest questions thai be presented the consd
erahon OF tue American Congress- Ii is question as TO
the power OF the several States to pass laws essential to
their safety when they conflict with the general movers of
the national government That the real oneson which !.
presented here Congress has power TO Regulate COM
merce Ihe citizens OF each State shall be entitled to all
the privileges OF ciUzens IN the several States" Here are
the grounds upon which the claim the part of the
United States But the Supreme Court. OF the United
States have sad that each State possesses power pass
police regulations aad laws for their internal government
or internal protection They have recognised and affirmed
the consiltntonaty OF quarantine laws conflicting with
the commercial provisions of the United States and thew
have, by The legislation OF the Congress OF the United
States. made II the duty of the officers OF the
United States 10 give Their aid and assistance to enforce
the Quarantine laws OF the State Now, sir il the Con-
gess OF the UDited States, the supreme Judicial bu
nal Of the naton have recognised the authority Of the
legislatures o the several States to pass laws for their
protection against physical disease will be asserted that,
under the influence OF the principle OF self prcser
walton, they have not right to pass laws for their pro-
ecion against that which is more-inGnitey more
dangerous to the government than any physical COnta
gion Il mean the Influence which is exered by the in
Introduction Of free persons OF color ca them citizens
where the institution OF slavery exists with the
o practising upon be ignorance OF those people, OF de-
lndIng them into nsurrecton and placing jeopardy the
lives of The people OF those States
II the State of South Carolina possesses the power 10
pass laws to prevent physical infection or con-
agon, which the government of the United States will
require lis officers to aid and enforcing al
though these quarantine laws interfere with the general
exercise of the commercial powers of the United States.
Will they not will they interfere with the exercise OF
The same power directed 10 different, but much more
dangerous subeclthe subject OF preventing the emissa
sares OF these abolition States from coming-as from
sona kno Wedge can state they have come-into south
ern States Tor the purpose OF melting nsurrection! The
powers which are 10 be exercised by the general govern
ment and those 10 be exercised by the States this
pleY system OF government Of ours necessarily fre
lnenty IN contact; and the only true principle upon
which The respective application OF the laws which shall
be made by these different be rested that,
wherever the power that is exercised by the government
Of the United States is indispensable for the exercise of
It's granted powers, then it control the State legisla
ton But whenever amid various means some may be Sc
eced which will not conflict with State legislation, and
others that WILL the incumbent duty OF the ,vernment
10 select The lJrmer
| Now, sir here is grave question Whether Massa.
chusets shall have the privilege OF employing on board
her vessels trading to the port Of Charleston coored sea.
men at the hazard OF endangerng the lives OF the people
of Charleston Which is the greater sacrfce-that
Massachusetts, should employ enter into the
State of South Carolina that not forbidden by her
laws, that South Carolina, yielding to this claim Of
Massachusetts, shall be thrown open to the efforts OF
these coored seamen to excite insurreclion among the
colored population there do not to enter into
full discussion OF this subject. say that, in my judg-
ment one OF the most exciting of the gIavest
questions that can be presented the consideration OF
Congress. 1t peculiarly unfortunate to be presented
now IN the present excited state OF public feeling and ap
pended 10 bill the object OF which is peace and har-
mony No question that if you have the numeri.
cal power put this subject upon the bill will
destroy it, No southern man may vote for bill which
provision by which the lives OF his wife and
children will be put in jeopardy-by which they will be
subjected TO the danger of all the horrors OF servle nsur
recton. appeal 10 the honorable senator from Massa-
chusetls, this question be discussed at ALL to pre-
|
merits and not 10 embaTrass the present bill by propo-
sition that aims more deadly blow al southern security
and is calculated TO excite southern feeling, than
effort yet made by the Congress OF the United States
With view 10 enable honorable senators to consider
this question: under the firm conviction OF the truth OF
what have said TO you, move that The further conside-
ration OF this bill be postponed until Monday.
/ Mr.. MASON. had not flashed all the notifications
that were necessary fit the bill to the amendments of
the senator from Kentucky. | would ask the senator
from Massachusetts to withdraw his amendment Tor
few moments, till | can make the notifications.
| MIR. DAVIS, of Massachusetts. / withdraw Tor that
MIR ATCHISoN Is not the motion Of the senator
from Gso,gia &c I 70 postpone 70 order now -, c. "A,
Withdraw
Mr. MASON / move 10 amend section one, in line
fourteen by striking the words he third section Of
the Of Congress approved February l2 793 entitled
An act respecting fugtves from justice and persons e
Gaping from the service OF their masters and inert the
words ''ihis act"
The amendment was agreed 10.
On motion by Mr.. M the same amendment WAS maoe
TO the Sd section.
Mr. MASON | am told tha, is not usual to have
commencing clause; and move therefore to strike out
the whole OF section 3, which declares when the opera
ton OF this shall commence and amend so that il
shall read ths act shall be in force from its passage
! The amendment adopted
Mr. CHASE. As various matters have been added 10
the BILL would move that 1t be postponed till Monday
Several SENATORS Mo- We can pass the bill now.
Mr.. CHASE | understand the motion OF the senator
from Georgia to be to postpone this bill till Monday.
The PRESIDENT IL was Withdrawn
Mr.. CHASE | understand the motpn to be with
drawn II the Senate is disposed to take vote upon
the bill now, will not make the motion.
Mr.. DAYTON. hope that vote will be had upon
the bill am satisfied that il it goes over till Monday,
II will but give rise TO exciting debate upon an entire
y new branch of the subject | do not think that we
will consume much time il we will but take vote.
SENATORS. Take vote; take a vote,
/ Mr. BUTLER. As far as | am concerned-who in
some measure intimated wish for more time-l will
waive it, as do wish to open anything Like Discus
sion upon this subject
| Mr. DAVIS. of Massachusetts,. l adverted to the
facts did, simply bring the question before the Sen
ate, not with view, every gentleman will percsive
to excite the feelings OF anybody. merely wished TO
show that that OF facts existed In which this ques-
ton could not be presented to the tribunals OF the
try TO be settled without some legislative interference
believe the right OF habeos corpus denied in the
State of South Carolina in OF this description
Now the arguments OF my friend from South Carolina
and the senator from Georgia may be all extremity well
founded do not want to draw them into question here
all do not wish TO present considerations here pre-
mstuely to the consideration OF the Senate tina, belong
10 the courts only propose 10 provide way in which
this question with South Carolina may be settled by that
I Ibnn htnu 81 yk.r.tk tk.t.. ah