The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-21
OF THE STATES.
Extracts from Senator Hunters Speech in The Senate fs6rn
ara, 1884 on The Kaasds and Nebraska bill

EQUALITY OF THE STATES.
Eracs rom Senator Hunters Speech in The Senate, Fs6rn
am 1854, on Tie Kansas and Nebraska bM
II there IS ANYTHING which the constitution seeks more
seduousiy than another TO secure II is the equa u M
States Here is that sacred instrument 'hat ueeu IA No
the trusts are declared and by which the general govern
en is constituted the duciay carry them INTO execu
ton Here too the great objects OF the trust As DC
clared in the preamble OF the constitution when ney soy
was ordained to form perfect union How Is
more perfect union be formed you nave destroyed e
existing equality Of the States and substituted inequality
To establish Justice How can You establish Jusuee
Won make odious determinations? To "insure domestic
tranquility How you do that you make such inc
qualities between the States To provide for inc com
mon defence promote the general welfare Remark the
wei,are-not of part but Of all And hnaliy observe
not 20 acquire create but 10 secure the blessings
OF liberty having them already to ourselves ana our pos
rtyp These the great objects and ends OF the trust
none Of which be secured if you destroy the equa
Of the states. 49,,
mower TO Congress "to lay and collect taxes dntes, I'M
hosts and excuses" For what purpose ITO pay the ueon
and provide for the defence and general welfare
of the United States To provide for the general welfare
III the whole not OF part And only is the constu-
ton thus particular Ia regard to the disbursement '
money after it is collected but also as 10 the MODE "a
which IL is to be raised II provides that an duues m,
cst and excuses shall he uniform throughout the United
Sat,s and mo eape. or other direct tax snail DC aiu
uule, in proportion 10 the eensas or enumeration neien
before directed to be taken Here sir, the constitution
locks 10 the equality o, proportion Let us turn now 10
another Glass Of cases in which II requires an absolute
equality or unoray for there is an equality OF each
kind ,,.,
Tie constitution gives Congress the right to establish
naturalization laws and bankrupt laws but then comes he
limitation that they must be uniform glVes aud
lie lower TO regulate between the states ana
with foreign nations; but strictly seduons IN regard 10
tile great end equality, the provision follows hat mo
lax or duty shall laid articles exported from any
state p ana no preference shall be given by any regula-
ton Of to the ports OF one STATE over
those o auoher shall vessels bound TO or rom one
State be obliged enter clear or pay duties IN announcer
IN be seem then, that in regard to all the powers
Cges which could be possibly exercised to operate
nequally upon the States there are here express hiA
tions 10 secure their uniform their equal aetioh.
Nor do we stop here. So anxious were Inc trainers "
the constitution 10 this great common eoaaii 10
the States that they pursued ne aoe. J bad moi
exercise certain powers which might De used 10 disturb
that tndnmenta condition of equality in the States Inc
constitution accordingly declared .na ns ,,;as NV
not without the consent OF Congress- ay uues nnu i
posts or tonnage duties and should not form Alliances
nor do many things which might enable one STATE 70
trench upon the equal rights Of enoneF Anu 10 crown
ALI the constitution contains this remarkable provision
The citizens of each State shall be entitled TO all the
privileges and mmunes Of citizens OF the sever oes'
Observe it is not that the citizens Of the United States
shall have the same privileges everywnere, pu hso
zens of each State The citizen his equality through
that of his State not in his individual capacy pu. W
virtue Of that great fundamental condition OF the unoh
the equality OF his State Nor Is this equaIy g tEe
States left as matter of moral obligation BY an
equal representation in the Senate pohlcal power Is
given secure the right.
III,
Territories Of the United States to be the property OF the
United States 1t speaks of the territory or other prop
ery of the United States 1t so happens that me only
specific enumeration of the property OF the United states
is made in regard to this very matter OF territory ana IN
regard that the States equally entitled TO It, IT, as
have shown the States regarded equals in the view
of the constitution they not equally entitled 10 ~ ne
benefits flowing from this property, as well as 70 al the
benefits to be derived from the government itself?
Mr. President have said that according to- the spirit OF
tis instrument the States are as much entitled to share
equally in the benefit to be derived from that public prop
ery they in the benefits OF general legislation The
benefits be derived from that property are twood the
one the relief from taxes which Ia afforded by devotng
the proceeds Of sales Of these lands to the public
and the other and far greater benefit consists IN
its uses the occupation and settlement OF fellow
citizens.
Now sir suppose this government to provide in
regard to money which raised from the sale OF
those lands that it should be oil distributed the
non-slavehoding States and that the saveholdng States
should get Of it, would not the sense of justice in
every breast revolt il? But it not far worse to
the whole uses and benefits be derived from its occupa
shall be reserved the nonslavehoding States and
that the saseholding States are to get none OF them
Suppose there positive enactment that these nnds
might be settled by citizens of Massachusetts, lew York.
Pennsylvania and Connecticut but that they should not
be settled by citizens Of Virginia and South Carolina and
Observation-Disclosures it was violating the spirit OF the
constitution Why Because it would impair the equal
iy Of the States viii it not be accomplishing the same
thing indirectly to say that those who are slave
shall go there, but the Shareholder shall not?
Does it not accomplish precisely the same thing except
that QUE Is uOne Qlrtcty hIu lne oe'Sh
But Mr.. President, / know that this is view which
is obvious be sought be evaded the ground
that the constitution Of the United States which by i'm
pcation, prescribes this equality OF the States does not
apply the Terri tories OF the United States and we have
authority eminent that of Daniel Webster tor the
sertion He seems far trace his opinion in the
examination of the debate to have derived it from single
detum of Chief Justice Marshall in Caniers case and to
rested it upon the fact that il has been decided that
Judges appointed for the Territories for term of
tour years without a violation of the constitution. Sir,
ihna show that such decision was not inconsistent
with the opinion that the constitution did apply TO the
Territories; that there difficulties in supposing that
it did apply the Territories which Mr. Webster him
self did not and that the Supreme Court have in
series of cases. decided that the constitution and laws OF
the United States did the Territories OF the United
States
Sir the advocates of this doctrine have been pressed
10 the power of Congress to do within the Territories
what il is prohibited by the constitution from doing ut all
such establish religion &c, Of them have pre-
tend say it conld do any of these things When it
asked how If the constitution did go there the govern
net there which the of the constitution
n9cpdJ--noi the intellect of Webscr--coud pre-
sufficient answer and the only ground upon which
x this decision of the courts in regard to the
teferiel judges, which, seeming to be incof sisent with
The constitutions gave rise to the inference that in the
compilation OF the court the constitution itself did not
SeDG TO these Territories can show, think not only
that the Supreme Court has repeatedly decided that the
constitution extends the Territories but that the decis
ion In regard TO the territorial judges quite consistent
with that superstition IL the Of Loughborough
Blake Is Wheaton, 3lT Judge Marshall in delivering the
opinion Of the court decides that the power to lay taxes
duties mposta and excuses extends TO the Territories
well the States Speaking of tine provision that oil
duties lmpcst, and excuses shall be uniform throughout