The daily union., 1856-12-20

ceson Of particular States and the acceptance Of Con-
gres become the Of Of the United States
and TO exercise like authority all places Parohsed y
the of the legislature of the State in which the same
may be- erection Of FORTS srsena dock
yards and other needful buildings Within the District OF
Columbia and the other places used for the
purposes above mentioned, the national and municipal
powers Of description are united y ns
within the United States in which ali the powers
united in single government except In the cases
sSy,s @
and every other State 20 exercise all the o
srnment which belong TO- and be BY the Original
toned except far they are, temporarily deprived Oh
| control over the public lsnds."
In the same opinion the court says:
think proper examination Of this subject win show
that the United States held any municipal sovereignty
urisdcion right Of soil in and TO the territory OF which
Alabama or any Of the new States were formed except LOT
temporary purposes and execute the trusts created by the
acts Of the Virginia and Georgia legislatures and the deeds
Of oesson executed by them 70 the United sats ana inc inc
50th OF April, 1908, ceding Louisiana
Again: % s.I#
"whenever the United States shall have fully executed
these trusts the municipal sovereignty Of the new ststes
they and the original States will be upon an equal footing IN
all respects Whatever" @
One more ~
Alabama is therefore, entitled to the sovereignty and
jurisdiction all the territory within her limits subject
70 the common law TO the extent that Georgia
cd before she cedsd the United States To maintain
ted into the Union equal footing with the original
constitution laws and compact to the contrary
notw outstanding"
That is not sngle decision Ii is the most elaborate,
and in my Judgment it is perfectly unanswerabe But in
the of Strader Graham 10 Howard, $50 to which
have already alluded decided at much later period the
court says: A
But the whole question upon the ordinance Of 1857 and
the acts of Congress extending it to other territory after
wards acquired was carefully considered in Pollard w. IA.
opinion in that with which and
il sufficient to refer to the reasoning and principles
by which that Judgment is maintained without entering
again upon a full examination OF the question:.
Accordingly the decided in this (Strader
Graham that the ordinance Of July ID lT8 articles Of
compact and all became nugatory and void to the State
Of Ohio when she admitted into the Union and Of
course the same principle applies to Indiana illinois,
Michigan and Wisconsin.
These Of the decisions undoubtedly to which tie
President referred. The senator from Iino Mr TRlu
BULL declares that the republican party admi. the right of
Territory, when it is about to foE State government
to determine whether il will tolerate or exclude slavery
He agrees u the decisions of lie Supreme Court in that re-
spect have .ened with great attention to the remarks
OF my colleague this and former occasions but do
yet know whether he agrees dsagrees that PROPOSE
non BE that as II may however If this be true what be-
comes OF that omnous paragraph in the platform of the
republican party Of Ohio reiterated in the instructions of
the present Ohio legislature, that slave Sates
shall be admitted into this Unon2 What becomes of the
loud-but as 1t would entirely delusive-asser
ton that the act Of March g. 1920 consecated Nebraska
and Kansas 10 freedom for all timer How my prede
Gov Chase and the other senator from Massachu
sets Mr. SUMsKR ia his seat justify their pro-
nunciamiento against the first Kansas BILL which
did not propose TO repeal the act of 1920 but which merely
declared that those Territories should be admitted
Union with without slavery, their people might de-
ernne at the time Of their admission States into the
Union?
Sir it seems 10 me that this dilemma is very palpabe
Either the republicans do claim that Congress shall dictate
terms Of admission In this particular which the senator
from Illinois admits and which the Supreme Court has de-
cided TO be unconstitutional else the republican
tors have mised their people into the belief that the Mis-
souri, act of 1920 had the character of permanent regula
ton whereas IT was temporary and must soon have Lost
all its effect
But all these senator's insist that the doctrines Of the
publican party must be ascertaned from It's platform The
senator from New Hampshire has any any
where who advanced the doctrine of the power Of Con-
gress 10 legislae the subject Of slavery within
States The senator from Massachusetts, has several
such, and supPoses they amount in all TO thousands
The IRON Illinois says that doctrine has been repu
dated distinctly in the Philadelphia platform The
On Maine says the republicans disarow all connexion
With men who profess that doctrine.
Mr. FESSENDBN. All eonne1ion with their principles
Mr. PUGH accept the qualification. II iS perfectly
immaterial TO me When questioned closely, however be
acknowledged that this dsavowa not contained In the
Philadelphia platform but then he said IL made in alt
| the republican newspapers When referred TO the New
YORK Tribune, however, be admitted that all the
puocan newspapers did not that course but only
some OF them which, TO be sure be does not tell
| that remember I'd.
Mr.. FEssESDEN. take il that the senator rccoects
my eIplanaton IL was that party in making its plat
form does not undertake what II does hold
what II does not agree tobut what are Its positive prn-
cpes aud there was necessity for the republican part
TO Set forth In detail what doctrines did not maintain
but only those which IL did hold. That party docs not
deal in negatives
Mr.. PUGH II seems to me- with all due respect TO the
senator that there Is nothing in that proposition The
Cincinnati platform he full Of resolutions denying the
power OF Congress TO do this that and The other The
platform Of the old whig party full of negative resou-
uons and in fact there propositions In the Phsde-
pha platform Of a negative character party much
owes II TO itself TO declare Its opinion against particular
and particular claim Of power as for IL
\ Mr. FESSENDEN. Does the Cincinnati platform dis
claim all conneron with the principles Of those mem Does
| that deny them7
Mr. PuGH. Yes sir.
Mr. FESsENDEN. Where
Mr. PUGH I will show the gentleman the difference be-
tween the platforms presently.
Mr. FESSENDEN. do not ask for the difference ask
where the Cincinnati platform distinctly dssvows its dis
belief in the principles OF the urs-aboliiionists7
Mr. PUGH. II declares that Congress has power 10
legsste encroaeh upon the institution Of slavery in the
States That resolution Is twelve years old II pro-
posed probably before 1874 think perhaps early as
1896 But now, Mr.. President declare my opinion,
that the second resolution OF the Philadelphia platform if
It has any Specification, arms that Congress and
should refuse to admit any State into the Union
cept upon the condition that slavery shall be forever excu
ded from its borders and furthermore shall so legeste
abolish slavery in the States which tolerate IL
have that resolution before me; viii read IL:
na Rsolved That with republican fathers we hold
II 70 be seevident truth that all endowed with
the inaensbe right to % liberty, and the pursuit Of
pness and that The primary object and Interior design
federal government TO those rights
persons within its exclusive urisdcton that repnb
can fathers when they bsd abolished slavery in all
tons territory, ordained that person shod be deprived
Of without Of