The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-04

scsnls S.2,S,Ex They had many oc0 aoS IN Which
they repos~d dctslos power IN lndviduAlsy and what
he result OF all their experience noa This subject. al
{, q q. sx m o I'd
were carried into execution by, be
ehed principle il will be found 70 te Ugf that whenever
oss 81 skscaing the lave, the laws become silent
To come, then, to the laws Of the United States
how il in regard 10 ths act OF 1905, which has been
advered to by the honorable senator from Kentucky and
which 10 referred to IN the message OF the President
Why, the very complaint, OF the message rs that The
cutvs department required before military force
sorted for The purpose OF carrying into execution the
laws OF the United States. to make proclamation
curing the insurgents insurrectionIss dirperse
Now the policy OF that ~ perfectly obvious and the
OF il is perfectly apparent. The design
that all peaceable all Quoting measures should
first be- tried before this force resorted The pur
pose and intent Of the thing PLAIN upon the face Of the
itself Congress intended 10 restrain the Pres
dent from hasiy and xercise Of this power
Congress requires him first his proclamation for
the purpose OF settling the question whether tina,
would be effective last resort and II il not,
WE'LL sir great many occasions have arisen; but the
senator from keniuck says that OF them
porant this since the organization OF the government
except the whskey rebellion Let whether that Is
Let order to test that point look into
the state OF things which exists in the city of Boston
condemn much any gentleman can the act OF vo-
ence that has been committed but does bring with II
testimony of such extensive detection In the popular
mind that the judicial tribunals maintain and sup
port their authority That is the point to which wish
| To draw attention. -es
In the first place. we have all learned that this
nconsderabe band OF persons that rescued the ndivd
ua and then as if ii were to confess their own weak
and inability TO face the civil authority this man
tax en- in disguise out of the country, II s said
foreign jurisdiction. This certainly implies that the par
ties who resisting the operation OF the law were
weak in themselves
But there is much stronger fact than this and de.
sire to present in vindcaton OF the people Of my
State II is known to all gentlemen here, that nlne-
dla aft
taken arrest those persons who were concerned IN II
that at issued, and that various per
sons white and black arrested 10 answer Tor their
conduct Courts were then held from day to day. and
far as know held peaceably and quietly with
out any additional constabuary force TO command the
obedience OF the people-none whatever. Business is
going precisely as il this thing had not happened
There is no commotion and no signs of conmotion
There is not and has not been moment when the
judicial tribunals Of the Commonwealth and Of the United
States there could maintain their authority and
execute the laws in precisely the same way if nothing
had happened. All this 10 apparent enough Il is al!
manifest upon the face Of the facts they have reached
us from day TO day through the papers This would
show. apprehend that military force is neces-
ssry to sustain or support the government within the
But the honorable senator from Georgia MI BERRIEN]
says that this is an outrage unparalleled unparaieed
think, was the language used) in the history Of the
country. Now, am well aware, the honorable
ato from Kentucky said that is not very focibe
gumen to offset one outrage against another under.
stand that very we'll But the from Georgia says
this unparalleled in the history OF the country Mr..
President, how long is it since Georgia extended her
jurisdiction what called the Cherokee country
How long is since she arrested Indian there, tried
and condemned him, and sentenced him to be hung and
in the time the Cherokee nation applied and Oh
tanned writ from the Chief Justice Of the United
States, believing that he had been illegally and un,
Justly condemned, and that the government Of Georgia
had authority so to do. That was their allegation,
and they sued out writ OF error and II remember the
facts correctly II carried TO the legislature OF Geor-
ga, wbo defiance OF that writ OF and authority
of this court directed that that should be executed
and he executed May you no, well inquire, then,
whether this Is an unparalleled outrage And notw,tk-
standing all that occurred in the Georgia case
heard that any body thought II necessary that the
President should issue his proclamation or that any mill
tay force should be sent TO Georgia for the purpose OF
quelling the insurrectionary spirit there. @.
do not advert to this in any spirit Of uDklndness II
from Georgia rises 10 reproach the citizens of Massa
chuse,ts with committing unparalleled outrage think
may be very we'll to Offset it BY parallel Of this
Well SIR The senator from North Carolina Mr. BAD
GER pursued the same train OF argument which was
pursued by the senator from Georgia and he entered
largely into an investigation and criticism upon the laws
years agoaad be deduced IRON the character Of tina,
legislation argument that there improper spirit
prevalent in that Staea spirit which required this very
measure. Now, l took occasion to say, when spoke
upon this subject that the legislature OF Massachuseit
had gone in This matter beyond the limits OF
and that had bees member OF that body should have
probably objected 10 the passage of such law that
Not that they had not right TO do do not place II
that ground, because considered the law OF Massa-
chusftB ny the decision IN the case OF Prgg oil Mary
land. swept IRON the statute book and that the repeal
OF that law . matter OF form after that decis-
ION IL dwndled down that. in my opinion. and moth
ing else But. then. when II came 10 the denial OF the
OF her officers and her prison, should have stopped
That would have been my view OF the subject How
ever, think no gentleman who will read that decision
will for moment question the right OF Massachusetts
to 70 TO the full length that she has gone.
But there some other circumstances which then
adverted to connected with this that wish TO refer to
little distinctly; especially that criticism OF my hon
orable friend from North Carolina upon tins subject.
took say that there certain laws
OF the southern States that were offensive to the North
by which her citizens were imprisoned. and without
charge OF crime OF any SORT. shown here, when
that subject under discussion, that several sailors
who had been shpw upon the OF OF the
any allegation OF crime, any offence whatever. You
must remember that that matter pretty largely dis
cussed here Well, what did we do We asked Congress
when they acting upon this fugiveslave law Ia
give these citizens the right Of habeas corpus, which had
been taken away by the legislation of South Carolina
We ask Ell them TO do thing We SAID that the
doors OF the courts OF JUSTICE by the laws OF South Caro-
humble and reasonable request Offering amendment to
that effect that these doors should be opened and that
the question should be tried whether lawful or no,
imprson these people without charge oil offence
Now, what wish 10 say that my friend IRON North
Carolina MIR. BADGER, who much the Stale
OF Massachusetts tor bera legislation, voted against
these amendments of my colleague and myself. and
10 recorded. Now, advert to this IN unkind spirit
but think that handed justice requires that il my
worthy friend from North Carolina deems upon
Massachusetts necessary for her ilbera leglsaton.
he should extend OF his remarks TO other por
ton Of the country. 5aerg-s. s#f.tH g.t. IL .s