The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-03-22


spcctve conclusions of those gentlemen, BY refer
ence to other passages Of political history:
In the records OF the thirty first Congress- among
that series of measures known as "the Conpro-
misc inca asures." is an act ''to suppress the slave
trade in the District of Columbia" II exhibits
the actual exercise by Congress OF the identical
power which disputed between Mr. Fillmore
and General Butler, and the exercise OF that power
too over one of the subjects actually embraced
by the torms of Mr.. Wisc's resolution Here,
then, is a stronger for judgment than that
selected by my colleague. il Ia no preliminary
step for the parliamentary disposition CT qucs-
the subject matter to which his case would only
raise question. And more: tiat sct derives Its
vitality from the approving sanction Oh tb's same
Mllard Fillmore, aganst whose vote to receive 'Ne
petition of the people my colleague 30 eloquensy
inveighs.
demand of my colleague, does General Butler
regard the passage Of that law as beyond the conatl
tu:ionel power Of Congress: Does my colleague
80 regard it Should his answer be IN the nega-
tive, how can he coadsnn the representative, Fill
more for being willing to hear a petition ior legis
lation upon subject, when he approves the sane
tion of President Fillmore to the iaw answering
the demands OF such petlaons shonid ne ai's"ef ,p
in the affirmative, then demand TO know why the
ssAmen" he and General Butler alike cry to the
Compromise measures does not SICK In thclr
throats Methinks could not say "Amen' 10
any series of legislative measures when one OF thaI
series violated the Constitution OF my country
NV colleague cannot consider the act to which
refer to be an unconstitutional act or he would not
embrace the series to which 1t be!ongs as settle
ment of the questions involved, lor ne would not
abide settlement which involved avlolation oi the
Constitution. What remains of the Issue! NO
thing, as think, but the duty of my colleague 70
confess that the action OF Congress upon the very
question he has selected for examination-the ap-
proving sanction OF the American people to that
exercise of power-the resolution Of the kentucky
Democracy acquiescing therein and the di:ert
appreciation thereof by General Butler himself, all
prove that, since the era Of the twenty sixth Con
gress ga change has been going on in the public
mind" in General Butler's as we'll others, and
all vndcate the vote Of MIR. Fillmore, which has
been produced by my colleague for his condemna-
ton.
Mr.. BREoKENRrpeE. If my c5lleaguc will al
low me to interrupt him for a moment will be
brief Probably come of the resolutions, and &C.
pecially that of Mr. Wise, had reference, among
other things, to the slave trade in this District
But the greater part OF the memorials presented to
Congress during the period in which Messrs
FillInore and Butler served together In Congress,
had reference to the abolition of slavery in the
States and in the District Of COLUMBIA, and OF the
slave trade between the States AZ lar as have
examined the records | assert that Mr. Fillmore
voted for the reception of these petitions, and
General Butler against them. The latter placed
that vote properly upon the ground that Congress
had constitutional power TO abolish slav cry IN
the States, in the District Of Columbia, or to
abolish the slade trade between the States.
Mr.. MARSHALL. I commend my colleague 10
the books again He has chosen TO srraign Mr..
FillInore's vote Wise's resolution, aad 20 con-
trast that vote with General Buffers on the same
proposition. insist that We shall stick to the
point, and that we shall not wander oil to another
until We have concluded this ! say that my col
league will not find, think, any resolution offered
by gentlemen of the South, at the period referred
to, which did not, in terms, embrace tie slave
trade in this District among The powers denied
to Congress. Ii certainly is embraced as among
the powers prohibited, according TO Wise's reso
luton.
Mr. BREcKEYRIpGE. / will not interrupt the
gentleman any more, but want 10 be clear upon
this point. ! understand him now 10 take the po
sition that all those petitions, memorials, and re-
solutions upon the subject OF slavery, while they
embrace the subject OF slavery in the States, the
slave trade between the States and slavery IN this
District, also embraced the question OF the slave
trade in this Districts and he lusihes Mr. Fillmore.
in voting for their reception, upon the ground that
Of the items contained in the petitions and me
MORALS about which Congress had the
power TO legisate.
Mr.. MARSHALL. ! do not pretend TO say what
was in the memorials or petitions. You might as
ell talk Of counting the sands the shore or the
leaves in the forest, to say how many petitions
connected with slavery have been presented, and
for what purpose. spoke of resoiutions-aye, re.
soluuons cmbodying prnclpies-hnd especially !
spoke Of that resolution offered by Mr.. Wise, Of
Virginia. which the gentleman hitnself had select
Cd Tor examination. 1 spoke Of Mr.. Fimore's
vote on that resolution because 1t was that vote the
! gentleman selected TO condemn him upon. have
looked ~ the principle Of that resolution; and in
sst that. after arralg lgnng the President upon &C.
neral charge with specifications, my colleague
shall stand still long enough to hear the answer ~
the charge and specifications filed, before he at
tempts TO amend by additional and new spccltca
ions, which will serve 10 SHIFT us from the ground
We now occupy.
Mr.. BREcKESRIDGE. have not amended Il.
Mr.. NARsHALL. say that, in Mr.. Wisc's roso-
luton. there were terms, or subject matter cover
ed by those terms, which justify and viudicatc Mr..
Fllmores VOTE If his act, as President of the Uni
ted States, can be vindicatcd by bis signature TO
the bill TO suppress the slave trade in the District
which passcd in the Compromise series. Mr.. But
Ter voted with a class Of gentlemen who denied the
power in it's broadest terms admit his votes arc
consistent throughout. have right 20 res. the
vindication of Mr. Fillmcrc's vote against that
/ resolution upon this point: that the terms Of the
| resolution expressly denied power TO Congress,
| and right to the people, which he believed thrm,
eoch, 20 possess and which General Dutcr, and
even my colleague, will now confess the Congress
does possess, aud which Congress has c1ertcd,
with the appreciation Of the Kentucky Democracy,
and indeed Of the American people.
Mr.. BREcxEsRIDGE, Cnterrupting) | will in.
tsrrupt my colleague Tor n single moment. lie
cannot draw me into controversy on the Com
promise. i approve IL; and | approve Mr.. Fill
mOre's course, so far as he sustaiIs 1t. My re-
marks grow out Ct the comparison instituted by
the gentleman from Florida, (Mr. CABELL,) be.
Fillmore on the slavery question. / wac forced TO
examine that comparison. In doing 60, showed
that General Butler had always voted against the
reception Of petitions abolish slavery in the Ststcs,
in this District, and the slave trade between the
States, while Mr.. Fillmore had voted for them
My colleague seizcs upon the single matter Of the
slave trade in this District, and avoids the other
and more important questions. do not deny the
power Of Congress 20 pass the Compromise inca.
sures and, upon the isolated question Of the slave
trade in this District, make no issue. But will
my colleague respond to THE; Does he consider
that Con gress has power abolish either slavery In
the State, the slave trade between the States, or
slavery in this District And, II he does not, would
he entertain petitions for that purpose. believing
Congress possessod no power 60 grant those pct,-
tions? II hc would not entertain such petitions,
would be vudicnte whatever votes Mr. Fillmore
has cast FOR the reception of petitions Of that char
acter; That is the point
Mr. MARSHALL. My colleague, il must be sd-
mittcd, has come TO the point long distance of
from the place where he thought he had first
made H. lie asks me what I would 90, instead
OF examining what Mr. Fillmore hos done. lie
proposes to catcchsc me, instead Of Mr.. Fillmore
answer my colleague bricllyi DO not seek to
draw my colleague into controversy upon any
point The Compromise measures ne stands By.
That is right lio makes issue ON the power
10 suppress tho slave trade in the District of CO.
NJ