Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-03-24

the former voting In the affirmative. This reso.
luton, taken in connexion with Wisa's resolution
presented very distinctly the questions of Con
gressional power and of the right of petition; and
the votes we are reviewing do prove General But
Ter to have belonged, at that day, to the class Of
statesmen who denied the power of Congress up.
all the points and subjects suggested by the re-
solutions, and do prove Mr. Fillmore to have ad.
mtted the power of Congress over some of these
subjects, at least; but, at the same time t, have
been disposed to pass such as belonged to
Congress, after respectful reception, to the quiet
OF the commttee-room.
The issue being thus distinctly formed upon the
constitutional power of Congress, may we not as
slst our Judgment upon the correctness of the re-
ference to other passages of political history!
In the records of the thirty-frst Congress,
among the series of measures known as 1.-THE Com
promise measures" is an act ''to suppress the
save trade IN the District of Columbia" 1t ex-
hlblts the actual exercise by Congress of the iden
teal power which was disputed between Mr.. Fill
more and General Butler, and the exercise of that
power. too, over one of the subjects actually EN-
braeed by the terms of Mr.. Wises resolution
Here, then, is stronger case for Judgment than
that selected by my colleague. It is no prelimi-
nary step for the parliamentary disposition of a
question, but an actual lava legislative act-up-
on the subect-matter Us to which his case would
only raise question And more: that act de-
rives its vitality from the approving sanction of
this same Willard Fillmore, against whose vote to
receive the petition of the people my colleague so
eloquently inveighs
demand OF my colleague, does General Butler
regard the passage of that law as beyond the con-
stitutional power of Congress! Does my colleague
SO regard it? Should his answer be in the mega
tive how can he condemn the representative, Fill
more, for being willing to hear petition for leg
1slatlon upon a subject, when he approves the
sanction of President Fillmore to the law answer
Ing the demands OF such petition! Should he an
swer IN the affirmative, then | demand toJknow
why the 'Amen" he and General Butler alike cry
to the Co mpromise measures does not stick in
their throats! Methinks could not say "Amen" to
any series OF legislative measures when one of that
series violated the Constitution of my country.-
NV colleague cannot consider the act to which T
refer to be an unconstitutional act, or he would
not embrace the series to which it belongs as a
settlement OF the questions involved, for he would
not abide a settlement which involved a violation
OF the Constitution. What remains of the issue!
Nothing, as think, but the duty of my colleague
to confess that the action of Congress upon the
very question he has selected for examnation-the
approving sanction of the American people to that
exercise OF power-the resol ution of the Ken
lucky Democracy acquiescing therein, and the di-
rect appreciation thereof by General Butler him.
self, all prove that, since the era of the twenty
sixth Congress- ga change has been going on in
the public mind,'' in General Buffers, as we'll as
others, and all vindicate the vote of Mr. Fillmore,
which has been produced by my colleague for his
C condemnation
Mr.. BRECKENRIDGE. IF my colleague will al
CIV me to interrupt him for moment, I will be
brief. Probably some of the resolutions and es-
pecialy 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
Fillmore 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. As far as have
examined the records I 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 10 constitutional power to abolish slavery in
tho States, or in the District of Columbia, or to
abolish the slave trade between the States.
Mr.. MARSHALL. l commend my colleague to
the books Eagain. He has chosen to arraign Mr.
tlllmore's vote on Wlse's resolution, and to cor
trast that vote with General Buffers on the same
proposition. insist that we shall stick to the
point, and that we shall not wander off 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 the slave
trade IN this District as among the powers denied
to Congress. 1t certainly is embraced as among
the powers prohibited. according to Wise's reso-
luton.
Mr. BRECKENRIDGE. | will not interrupt the
gentleman any more, but want to be clear upon
this point. | understand him now to take the DO
sitlon that all those petitions memorials, and reso-
utions upon the subject of slavery, while they en-
brace 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 District and he ustifes Mr. Fillmore
In voting Tor their reception, upon the ground that
one of the items contained in the petitions and
was one about which Congress had
the power to legislate
Mr. MARSHALL. l do not pretend to say what
was in the memorials Or petitions. You might as
well talk OF counting the sands on the shore, or the
leaves on the forest, as to say how many petitions
connected with slavery have been presented, and
for what purpose spoke of resolutions-ayc,
resolutions embodying ciples--and especially
| spoke of that resolution offered by Mr.. Wise,
OF Va, which the gentleman himself had selected
for examination. spoke of Mr.. Fillmore's vote on
that resolution, because it was that vote the
gentleman selected to condemn him upon. l have
looked to the principle of that resolutions; and
insist that, after arraigning the President upon Il
general charge with specifications, my colleague
shall stand still long enough to hear the answer to
the charge and specifications filed, before he at
tempts to amend by additional and new specifica-
lions, which will serve to shift US from the ground
we now occupy.
Mr.. BRECKENRIDGE. I have not amended it.
MIR. MARSHALL. | say that in Mr.. Wise's
resolution, there were terms, or subject matter
covered by those terms, which justify and vindi-
cate Mr.. Fillmore's vote, if his act, as President
OF the United States. can be indicated by his sig
nature to the bill to suppress the slave trade in the
District, which pa sed in the Compromise series.
Mr.. Butler voted with n class of gentlemen who
denied the power in its broadcast terms. admit
his votes ara consistent throughout I have right
to rest the vindication of Mr.. Fillmore's vote
against that resolution upon this point: that the
terms of the resolution expressly denied power
to Congress. and q RIGHT to the neonla which La