The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-24


rights OF that people, IN the name OF justice, protest
against this narrow contracted species OF legislation
which has for so long a time been followed in this dis
rbulion oi rewards have voted for this bill thus lar
and ior most OF the amendments am willing TO take
these amendments. Ms the OF The Senate has been
declared am willing TO have the bill passed as il now
is But even II you strike all the amendments which
have been made in committee of the whole. shall vote
Tor The bill still, although shall know that the grosses
INJUSTICE s thereby done TO large region OF coantrva,
though shall know that the grosses inequality will
have been shown towards my constituents But that
constituency never sent me here TO be bound down to an
isolated poInt but 10 consult the interests OF and act oi
The whole Unlon in all It's interests and all its wants
| Now, one word more, and then am done and beg
pardon OF the honorable senator from Michigan Mr. CAss]
Tor anding 10 the matter OF which propose TO speak
very briefly The distinguished senator from Michigan
Mr. CAssl alluded to the prescriptions, the calumnes
and the ISLANDERS that now pevade the country 10 reference
TO prominent political candidates Now, do not per-
ceive any connexlon that that subject has with The sub
lect under consideration However, do not complain Of
that That distinguished senator says that in the age in
which We live man is scarcely presented to the country
lor its support before the oodgates OF sander and cal
umny are raised and he is flooded with them, That is
unfortunately but too true. simply alude 10 il for the
purpose OF vndica.ing myself humble am, from one
OF these calumnies. have heard and believe II has
been published in some newspapers, that in this can
yass mad pronounced General Pierce coward do not
know that that honorable senator meant 10 aude to me
when he said that such thing had been said. Whether
he intended TO aude 10 me or not neither know nor
true. No man ever heard me assai General Pierce as
coward. That is not my way Of doing things. When
ever shall undertake 10 assall question mans
age shall do under such circumstances as will hold
me to all the proper responsibilities that characterize
gentleman But 10 assail man before the people as
coward, think, is mos, cowardy act in itself There
lore, have never done such thing alude TO this
because OF the remarks OF the honorable senator from
Michigan have assaied General Pierce person
ally; shall never do But FAR political acts and
conduct concerned, shall discuss them fearlessly
and freely.
Now il the honorable senator from Michigan has been
assaed-as know he has heen assailed most gossly-
4 .fona ~ ,nI
late him for and that s that he has lived long enough 10
triumph over many of these calumnies and ISLANDERS And
however much may differ with him upon great qnes-
tons OF party, and while shall be willing always to
NEE, his positions frankly and fully, sincerely he
may yet live 10 triumph over the last calumny that may
have % been or may ye. Be pIopasa'ed against him lie
had died during the time when he candidate for
the presidency there would have been who would
have sad that he had killed them and he fears iha, many
good wings would have believed il. Now, must vindi-
cafe The intelligence OF The whg party by saying that
OF them would have seriously believed absurdy like
that But there hing-lhere is one SIM however,
that has been laid his door. No man has been
found reckless enough in this broad land-steeped 50
deep IN caumny and slander-as 10 charge that dsn-
guished senator with being awhig. lLaugherl Never
And am sure he will always escape that charge
Now enireat the lrenus Of this bill 10 stand by the
amendments which have been put in by the committee OF
the WHOLE and send amended 10 The House oil Rep
resen,atyes and by doing, instead oil sending it
there weakened you will send II there strengthened
How many votes did this bin before get from the Saies Of
kentucky and tennessee! But Que solitary vote Aud
whyl Because the representatives oil those States
that il did great injustice o their constituents and they
could not in their consdences sustain II. As now
amended II does do justice in part 10 Kentucky aud IN
part 10 tennessee; and Without prelen0lng 10 know
what effect may have upon their minds, believe that
many OF those gentlemen who before opposed il will now
be found sustaining H. But will not uespass longer
upon the Senate
MIR. HUNTER Mr.. President il is not my purpose to
speak at large upon this bill have The tne the
preparation, nor The inclination to do But circum-
stances have occurred which viii, think justify ia
consuming very few inmates IN defending my position
In relation D ths measure. Some time since when blll
was up proposing reconnaissance ol the Chinese seas,
tue senator from Arkansas, Mt BoRLANDl when he
perceived IN the disposition TO iavsr IT, charged upon
ne political Inconsistency, and asked bow Il was thai
could support bill Tor The survey OF foreign and
yet refuse to vote for one TO clear out rivers ana
s,fuc harbors al home. had time that occasion
10 reply; for the Senate adjourned Immediately upon The
speech OF the senator rom Arkansas. But have now
| chance 10 accomplish both personal and public oh
ject Tor in defining position in relation TO thls mat
ter and IN defending myself against this charge of ncon
slsency, shall give some OF The reasons which induce
me TO oppose this bill and shall endeavor 10 be very
| brief
Mr. President TO suppose that il was an inconsistency
to vote for naval and commercial survey of the high
seas and refuse TO support bill 10 construct habors aud
TO clear out rivers within the States is suppose that
this government has the power domestic
merce which exercise foreign commerce upon
the high seas. This, must be permitted to say, is
pfeenson more lapdnarian in its extent than has
been sustained before by any iurst statesman who
has had occasion TO express opinion upon this sub
ject Why, sir, Judge MARSHALL bimsei, in the OF
Gibbons and Ogden, affirmed that there portion OF
domestic commerce--tbat which entirely within the
Sialesoyer which the States had exclusive jurisdiction
Republican juriss have gone still further They have
maintained that in relation to the uatlon OF COM
merce among the States the State governments had
current power and that the check was that when both
governments egsated in reference TO the object
! The law OF the federal government was supreme,
and that the State law in that must give way
Judge Taney, as lately the OF Groves and Saugh
ter in 1881 said that the Supreme Cour, had yet
decided that this concurrent power did exist. By
this he must have meant that ths Supreme Court
had never expressly decided point which went TO
that extent, FOR Il was undoubtedly true that the Judge
who delivered the opinion OF the majority OF the court
bad, IN more than instance, did Judge Marshall
o! the federal government the regulation OF
merce among The States was exclusive as well su.
pteme Wen, sr, il The Supreme Court had never de.
cided, as a court, that the States had no concurrent
power over hls regulation vt commerce between The
Satesif did not decle il up tha, Tine. il has not
since Tor there has been decision. except perhaps,
that in the passenger cases, which has earned the
power OF the federal government over the regulation oil
commerce among the States further than Judge Mar
shall or the court did IN the o Gibbons and Gideon
And Judge Woodbury. maintained and cited in his
opinion IN that very case 10 prove that the Supreme
Court itself had virtually decided upon other occasions
INA, 'hs was concurrent power, TO be exercised BY
i both
Bn sir, in relation the power over the regulation Of
foelgp upon the ligh seas IL has been
pretended By any that The States had any share any
concurrent jurisdiction There the power OF federal
government is supreme and exclusive here il has all
the powers of complete government The difference
between the one and the other thai IN relation 10