New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-14

L u
South. But my colleague says that the same pnscs-
| ples are embodied in the Kansas Nebraska bali waiah
con, all ed in tie Compromises oaeasarrs OF lssG
snd thai the Missouri Comeromse Wa repealed in o.
Ger 10 carry out the principles OF lsSo. believe Sr.
| il 10 sad somewhere IN the good sok that out Of
| mans own mouth shall he Be condensed. Has my
cole ague forgotten his report made early ia isSi
when he introduced the Nebraska ball. before Il pro-
,ieo for two Territories when he ssid subss Aacr
that iuasmucb rs the Compromise measures OF isss
vile passed without determining the validity Of the
Ne xicSn laws IN the Territories OF Utah and
N,w-Mexico, but let those laws as they
found them i. would be wrong to interfere with
the Missouri Co,nprumse, aud that to be cons,steos
with the action Of 1850 the Missouri COMPROMISE mat
be let and he went on to say, that to repesa
the shth section OF the at preparatory 10 toe sdns-
sion oi Missouri into the Union would BE- o "depsr
ture that Is the word-rom thu policy adopted 10
-5o. This his language then the official recorSts
of country show IL but now, tfs 10TH the repeal al
The Misouri Compromise demanded by the mess-
tres OF 1850 Al inst, Ia repeal II WAS departure
from those MT assures; ana after ward, not to re-
peal it would have been inconsistent with themt
1h.re Is no escspe for my colleague from thcso IN
consisteuci,s. But am told that ITO not like the
n, braska bill because 1t rtifains rom deciding Aud
csl question. Not at all Sir IL Is the duty of Goa.
gress TO make laws. Any law which We pSss
may be subject to judicial investigation, but shall
We therefore pass hone , We Are % psss Q law
according to our understanding of the Consti'u-
tion when called upon ~ legtslste, and
leave TO the Courts to pass upon Its constitutional va
hcv When II comes /. Ultimately before them. Every
law wbic pass cub Jet to the scrutiny ~ the sd
pr, me Court of the United States, whenever a case
pr, perry arises when its validity II called IN question.
We could well csslate in ref, to tae night Of
Territorial Legislature 10 exclude Introduce Slavery.
~ to legislate for extending the fugtve-Ssve Lag
over the r.uit,sy OF Kansas This involved consti-
tutons question which my colleague bad no difficulty
in deciding. Where pray did he GIT the authority
for extending the Fugitive-Save Jaw over the Teui
tory Of Kansas 1t u not in the Constitution Of the
tied states unless il ipcluo ed under the general
mower which Congress has 10 govern the Territories.
We all koew the clause providing for thu surrender OF
persons escaping from servi,ude or labor from
one state into another does not apply to Tenn
tories. II Is confined u States. BY what a1-
tborrv, then, WAS the Fugitive-Ssve law ex-
tended to the Territories ! do not deny the su-
thority Of Congsess to extend 1t there, because
believe in the power of Congress 20 pass proper
Fugitive Slave law applicable to the Territories, uuter
the general power which Il has to govern them but
say my colleague that he decides Constitutional
question when he votes to extend It there. Others
may de nv the power extend that law 10 the Terrific
ries Ii certainly is st found IN the clause OF tho
Constitution relstive to fugtives escaping from Qua
State into another. Again, Sir, the question OF tho
power If Congress to authorize the appointment OF
Goy.rnor for Territory may become Judicial ques-
tion. My colleague decides that by his bill. suppose
the Courts of the country should be OF the opinion that
Congress had power to organize Territorial Gov
eminent at ALL We think VIZ have that power and
| we exercise IL; but exercise il subject TO any
| questions which may be raised Ia reference
| to before the Judicial tribunal Of the country.
4
| sented and asked my colleagues opinion upon.
| involves no a decision of Judcia question than
| does the passage of any other net OF Congress- We
are called upon to decide what the CONSTITUTION OF
the United States means, except the passage OF laws
We believe that have the power to legislsie or the
| Territories AL acknowledge that we possess II To
some extent but there Is difference Of opinion ~ TO
how far il goes Surely II would be much better 10
ex,cise il so far TO preserve peace; aud II any OF
III. laws which We pass unconstitutional thoy can
be so decided by the Supreme Court. II my colleague.
as suppose he must DO places ms opposition 70 .s
and distinctly upon the ground that any egislanon
| excluding Slavery would be unconstitutional let him
come olt and say 30, and not put words oil this KIND
| into the act:
at being me true intent meaning OF this not to lssh
late slavery any Tsrr,or, State nor % ssead thsfs
m.s their Soae.,h ps,,tntious Ia their way, subject
| only to the Constitution OF the United States
What did he mean by leaving the people of Tori
tory perfectly free to regulate their own domestic IN
,ttu,ions in their wayi Did he mean wha. he
| said II he meant that why not say leaving them
free thrcus h their Territorial Legislature" Why ncs
put il in lar guage which would be understood In oil
parts VI the country alike, and not IN such language
that persoi at the North may say, tins leaves the
people when they go there, perfectly free at any time
While il IL Territory 10 exclude Slavery; and those
ia the South with equal plausblity, 20 say that until
the people of n Territory numerous enough TO form
\ ate Constitution, they caunot exclude slavery n
| thew W sh TO- THE h ambiguous language In the Me-
brn,ks act IL will not 90 To say We will express M
onipon mon its me nning because il DO II will be
the deci,ion ~ judicial question: ls II not u, much
he decision Of judicial question to say taat you
| cave the people perfectly free to regulate tbs
.houd have Ss "A. tower through the Territorial ess
lnturel Ii il legitimate aud proper for Congress
| 10 adopt the language has, think u equally egh
mate and proper for CoDgress To explain ts meaning
when there is doubt to what Ia mt ant ny the Ian
cnaQe used. II il the any OF the Legislature TO ex-
pre,s ts meaning in clear and distinct language; and,
when il comes to the knowledge OF the legislative
body d Mt the terms which hiss used ere liable IN va
rous and different constructions II s the duty ~ al
good Legislators 10 change the language 80 rs 10 make
II. me aiming definite, distinct and certain some re-
msIks fell from my colleague a. 70 the STATE u ming
in Kausas and he tells that the difficulty arises ~
that Territory because refuse 10 submit 10 tho
| laws He says that If they only submit to the laws
there will be trouble ana that there Is DO dicay
10 Nebraska because the people there submit " tho
| lava Now i. worth while fvr my colleague ~ ds-
ouise the fact that the Territorial Legislature Of Kan.
| a was not Ike that Of Nebraska IL II pretended
| SywLere that tie Territorial Legislature OF Ne
brasks vas forced upon the people by citiiens o.
| a foreign State And ia II not contended ~
great many good men that tue Legislature Of ksnsAs
was imposed upon the people Is not that khows
| Ia INV coIeaguei And does be not know perfectly
wei that the present difficulties in Kansas arise out Of
the attempt Of certain persons, m the lame OF Aw ana
| orier TO enforce obnoxious enactments, denied by
mary to be lswsl II disputed pont whether there
| are any Territorial Laws in kansas. My colleague
assumes that there are, which the very pont 10 Goa
try,rsy and then says all would be peace the PEG
ole would submit to the aws-in Other WORDS, 70 80. r
aeciees OF usurpe the people Of ksnsas insist tss
pretended laws IL toget I'D OF tness Pre.snne'
practments and the Territorial officers, that have IN
,,osnc"d Mi. bin. viii he undertake 20 ify the acts
Which are being done in the name Of lag and order
in the Territory of Ksn's' Look ., the ss e, sss;cs
tao.r,snt. Tor treason have been folnd. Can
be- .u,ss ehs "a q. law by any sensible man The
Constitution Of the United states has ae tams
treason and s said that 'ssi oon or gyi9y aid .Sd
ing ~ Their enemie,. jury in ksnsas were
| oo, r., n spy penOns have resisted the laws,