Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-23


by the Territorial legislature, or by the federal
authority would he not regard it an infracton
of his rights as an American citizen?
Let me put another case. The senator from
Connecticut Mr.. SMITH comes from coun.
try where they make clocks, and sometimes
very good ones but we happen, at the south,
to have some prejudice against Yankee clocks.
Suppose our people were the first to go into
this Territory, could they say 10 the people
of Connecticut, "you shall not bring your
yankee clocks here ?" Could the first half
dozen or City Of MS, who might emigrate from
Mississippi or Alabama undertake to exclude
all New England simply on the clock question
/ is Territory covers an area about seven
times as large as the State of Virginia. Now,
the question is, had the first half dozen south
erners, who happened to squat on one corner
OF il, right to say that, in all future time, III
no part OF this vast domain shall there ever
be brought Connecticut clock? Would il
not be monstrous7 Would the people OF Con
uecticut be willing to submit to it? Certainly
not, and why !? Because clock is property. II
is something in which they invest the products
of their labor-somethng against which they
have no prejudice, bA against which we have.
Now, sir submitfhat, if and my constitu-
ents have no right to crafty our prejudices at
the expense Of Connecticut and her clocks, then
the senator and his constituents have no right
to CRAFTY theirs at the expense of Mississippi
and her negroes.
/ viii not pursue this branch of the subject
further. 1t was not my intention, in the be.
ginning, to make speech; aud have to apo
logize TO the Senate for having already con-
sumed more time than ought.
intend Mr.. President, to vote for this bill.
But must confess that the peculiar section
under debate, and the one which has given rise
to so much discussions is not worded as should
have liked. 1t is not free from ambiguity and,
as like directness in legislation, would, lift
had been left to me, have couched it in Ian
guage so explicit that no one could have mis-
taken it. 1t declares, rs a consequence of for
mer legislation, that the Missouri compromise
is imperative and void. | would have said in
terms "the Missouri compromise is hereby
repealed" But as the end is attained, will
not chatter as to the means by which we attain
that end
The language employed by the distinguished
author of this bill and mover Of the section
now under consideration is, that the people Of
the Territory may regulate their own domestic
institutions for themselves, subject only to the
restrictions of the Constitution. should have
u
strction. That would have restored US to the
position we had before the law was passed, and
would have been free from ambiguity or cir
cunlocution. But the language employed is
not decidedly Objectionable to me, and, re.
peat, will vote for the bill.
By yielding the right to regulate domestic
institutions" understand we yield the right
simply to regulate, not to destroy. Toregulate
is one thing, to destroy is another and very
different thing.
Domestic institutions include, as / admit
the relation of husband and wife, parent and
child, master and servant. But l deny that
the right to regulate carries along with it the
right to destroy. The right to regulate the re-
lation between master and servant no more en-
titles the regulating power to destroy that re-
lation than does the power to regulate the
relation between the husband and wife autho
rize the destruction of that relation. As well
might the territorial legislature take wife
from her husband, under the pretence Of regu-
lating their relations, as to take servant from
his master under pretence of regulating that
relation. This is my opinion, and / vote for
the bill clothed in lis present phraseology be-
cause this is my opinion. If thought that in
voting for the bill as it now standsI was con-
ceding the right of the people in the Territory,
during their territorial existence, to exclude
slavery, | would withhold my vote. That
equality that exists among the States and the
people of the States, under the Constitution, is
not taken away by any fair construction Of the
language employed in the bill. Senators, north
and south, have spoken as if the bill conceded
the right, of the people in Territory to ex-
clude slavery. | combat the idea. 1t leaves
the question where am quite willing it should
be lett-to the ultimate decision of the courts.
It's purely judicial question and, if Congress
will refrain from intimating an opinion, am
willing that the Supreme Court shall decide it.
But, sir, | have too often seen that court sus-
tanning the intentions Of Congress, to risk
decision in my favor after Congress has de-
cded against me. The alien and sedition
laws, the bank law and the tariff law, have all
been decided constitutional. And why?- Not
IN my opinion, because they were so. bat be-
cause the Supreme Court as a coordinate de.
Partment Of the government, was disinclined
to clash with the other departments. If this
question is allowed TO go before the Supreme
Court, free from the influence of congression-
al prcjudgment, | will abide the result though
it be against me. If other gentlemen had in
timated no opinion, would have intimated
none. But ! am unwilling to- see the weight
VI authoiitl hCiO lhioWH dlLOSclHcT on one SlQp.
For this reason / have spoken, and for this
reason call Upon others who concur with me
to speak.
Mr.. President, leave this subject. / ought
not to have said so much, and yet know not
how ! could have said less. At best I could
not hope to throw additional light on a subject
like this. 1t has been illumined by the philoso.
ply ofWebster, made brilliant by the cloquence
of Clay, and consolidated by the severest of all
tests-Calhoun's logic. Still was desirious of
presenting some views of my own; and espe-
cialy so, as am advised that the senator from
Michigan is going to address the Senate. /
know full well his powers in debate; and have
not presented my remarks to provoke his crit,
cism. But this know, if they pass the ordeal
Of his investigation, no power on earth can
shake them.
The senator will do me the justice to believe
that it gives me no pleasure to differ with him
on this subject. Accustomed to regard him as
the great father of the democratic family, l
dissent with misgivings and great pain from
anything that he says. On this question
lab ha, I,,tx 4 4