The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-26
HOUSE OF REPRESENTATIVES,.

Resolved BY The Senate and House of Representa-
rts ne United States Of imericd in Congress
bed, That it, at The time of the liberation Of the
IRISH cAiirs, national ship be in the neighborhood
% Australia, the President of the United States is
requested 10 cause it to protter to them convey
ance to THE country.
Mr.. JONES, OF Tennessee, objected to the intro
duction of the resolution, and insisted on the exc.
cutlon OF the order of yesterday.
Accordingly, the several standing committees
were called for reports.
MIR. HALL, from the Committee on Public
Lands, reported bill giving the of Congress
10 The State Of Missouri to impose tax on all
lands hereafter 20 be sold in that State by the Uni
ted States, from and after the day OF sale
lie NY explained that all the States, except
Missouri, have this privilege, and this bill would
place her precisely on the same footing in this
spcct with her sisters
IL was assed.
Mr.. HALL from the same committee, reported
back the Senate bill to grant to certain settlers
me Menomonee purchase, north of the Fox river,
IN the State OF Wisconsin, the right of pre- emp
ton, with a substitute therefor, effect making
tue Lag general, and providing for pre- enption
rights on all unsurveyed lands in the United States.
After brief debate, motion was made TO refer
the bill 10 the Committee of the Whole on the state
Of the union. Pending which the morning hour
expired.
MIR ASilE moved that the House proceed to
consider the Penney lyania contested election case
h. b. Wight oontests the right Of Henry NJ. Fuller
u the seat now occupied by him.
On the question being taken, the motion was dis
agreed 10 /; and
Tn, House then resolved itself into Il Committee
OF the Whole on the state OF the Union-Mr.
SEYMOUR, OF Connecticut, in the char-and took
up the bill making appropriation tor the payment
OF Invalid and other pensions for the year ending
MIR BAYLY, OF Virginia, said that there were
two propositions which be desired to discuss; the
hrst that the Fugitive Slave law, like any other
law Of Congress ia open "a repeal; the Other that
resolutions to reafirIn the Compromise measures,
they being the law Of the land idle, il mis-
chitvOus lie utterly denied the truth Of both pro
posttions la The trst place, he said the Fugitive
Slave law was one that wac passed To execute
provision OF the Constitution aud the ena tment of
which the Constitution requires; and he main
tanned that Congress "a under precisely the same
obligation 10 pass all laws which necessary TO
execute the provisions OF the Constitution
abstain from the enactment of all laws which the
Constitution prohibits; and when Congress has
passed law necessary TO execute the provisions
Of the Constitution, II Is as precisely unconstitu
tional 10 repeal IL as II is 20 Law which the
Constitution absolutely iofbds. II nc was ight in
this position, he was certainly right IN denying
that the right exists 20 repeal the present law Tor
the rendition OF fugitive slaves unless TO substitute
other provisions equally effective The enemies of
this law have seen this hence they have taken the
position that II 10 unconstitutional.
As 10 thc second point, he said they told
that until proposition made to repeal the
Compr' mise measures, they being the law If the
land, II was Idle and misChievous 10 undertake 10
talk about reafirnirg them. So did not think
our English anccstors; and Lord Coke tells tia
Msgna Chsrta rcatilrmcd thirty.two times;
anu he then argued 10 the effect that although Law
may exist, II ID sometimes necessary, when dan
gers threaten, to reaiirn them, and thus preserve
the public liberties. He spoke at length If the duty
OF Congress 20 enforce the Constitution aud pass
such lave as are necessary 10 carry out ts proyi-
sipns no matter how Odious (as the Fugitive
Slave law) to some portions Il the people. They
who would undtrmihc the Constitution, though
not alieus IN birth and language, arc a. much
aliens in their feelings Of loyalty 70 the Union as
those born in n 4 reign cline. He vas not one Of
thUse no would 20 before their constituents and
deceive them by teiing them all dangers about the
slavery question were ended by the enactment If
the Compromise measures. II the two great par
tics OF the country will come out, and conduct
their canvass with fidelity TO the Confiiiuton they
will find safety in cutting of the machin .tions
Of these aliens. The monstsr provng about in |
1850 was killed; but before he received his death
wound, be had his way, like the pestilence |
which walketh IN darkness, into every hole and |
corner Of the Union, and left his accursed eggs
behind him. Let patriots hunt them out and with /
gentle stamp of the foot crush them forever But
only let them bask in the sunshine, and they will |
hatch into lie race Of pertdous reptiles, dehlng
the ground on which they crawl
Mr. CARTIER remarked that he had occupied |
scat IN the House for nearly three years, leading
legislative life and that the topic which had Just
died away on their ears had been constant theme
of discussion In view Of THE, be entered mis- pro-
test against IL. 80 solemn had become the Com
promise measures under the ayoval just made by |
the honorable member from Virginia, who de- |
nOunced portion Of them az unconstitutional when
they passed, that nc came forward TO canonze
them into the Constitution, and pronOunces the re-
peal OF any OF the measures a repeal Of the
Constitution; and says there u no right 60 do il.
Mr. BAYLY said he addressed himself to two
points.
Mr. CARTIER replied, ] took up the fret
Mr. BAlLf further remarked, that he had
spoken Of the Fugitive Slave law and slavery as
connected with the Territories.
Mr.. CARTIER said the langua &c Of the gentle. !
man he Fugitive Slave law is cOnstitu-
tional and u would be unconstitutional 20 repeal IT,
Mr.. BAYLY. Thars what said.
Mr.. CARTIER. That's what ! say you said. |
lie then repeated that when the series Of Compro
mise measures were in process Of passage the
able aud honorable gentleman denounced por.
ton Of them Of doubtful constitutonality, and
voted against them; but now he proposed " canon.
izs them part Of the Constitution
Mr.. BAYLY di-liked TO interrupt the gentleman,
bot he would ask vhat law he desired 10 canonize
into the Constitution
Mr.. CARTIER. The only ono you like, not
the o;hers
Mr.. BAYLY replied, the others arc already
canonized, and are ire ptaIsble
Mr. CARTIER denied the whole doctrine. II |
wac az pure legal HOphstry Was ever uttered
20 say That the power winch enacted a law could
not repeal IL; Il wss as much a, 10 say that the
creator has not the pOScr 10 destroy IL was a
self evident absurdty. Now, be would agrce With
the gentleman that thc Constitution contains pro.
vision by which Congress msy enact, aud should
enact. law providing Tor tic restoration II iUri.
tives from labor. H. bed never doubted IL, al
though some gentlemen, from the South, North,
West, and East. regard Il a mere compact to
be executed by the -Oysrcigntics composing the
Union md among tnis class OF res sOners they do
not deny the obligation 10 surrender. They only
differ with the gentleman (Mr BAtLY) az 20 the
source from which the authority 10 10 be given.
One party assigns IL 70 the sovereignty OF the
State, and the other 70 the Federal Government
lie vas ia the same school q Interpreters With the
gentleman from Virginia but when he (Mr
BAYLy) attempts 20 sanctiiy the Fugitive law into
a constitutional canon. and Uesds step further
and says, You have JoNer 60 ro.enaCt IT, az by the
gentleInan's reading II Epglisb history Magma
Charta was &c. enacted he (hir. & would tread
another path. He believed that ali legislation IL
subject 10 the intellectual advantages Of the period
when the legislative mind 10 brought 20 bear
upon the subject.
At this point the time 10 which the debate
Limited expired, and at the suggestion Of MIR
HousTos the Invalid Pension bill Was laid aside TO
be reported 10 the Housc, and that for the pa yinen
Of navy pensions taken up.
Mr.. CARTIER (there being no objcction) con-
unued his remarks, noticing other parts Of Mr.
BAyLY's speech. The gentleman from Virgins,
ne said, admitted that the Fugitive Slave law 10
odious to a portion Of the people; but Mr.. CARr
TER attr'buted this the fact that the sympathes
OF the human henr everywhere are TO graduate
liberty Having made further observations upon
this branr H.