The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-10-10

ed evty and political RIGHTEOUSNESS nom which the
principles OF the constitution itself are not even ex
empted
II was my fortune to be In public life and actor in
the Nebraska struggle from the beginning to the end
from its first rough draught, in which the Missouri line
not named but infeentially made void, until the
final settlement of its meaning and true construction by
the Executive in his inaugural the judiciary In the bred
Scott case, and, finally, by that Incompatible State
paperthe reply Of the President TO the letter OF the
electors of Connecticut-in which, among other things
declares it to be mysterious to him that any other con-
stucton should have prevailed than the given by
the Supreme Court In the bred Scott TO the cons
tuition the question of the time when and the manner
how the people of Territory acquire the right to settle
the question of slavery in the Territory.
gave my cordial and hearty support to this BILL but
not because it naugurated principle, for believed
that every principle contained in the Nebraska bill was
to be found in the constitution or, to speak more
properly among the reserved powers OF the States and
the people not delegated to the general government UNI
der the constitution and also recognised In the acts OF
1885, commonly called the compromise measures 1t is
clear too that the President of the United States thought
for he declared 1t in the Sanford letter in lS4S be-
fore either the compromise or the Nebraska bill
introduced 1t for good reasons that advocated
the Nebraska bill 1t commended itself to my Judgment
because, without any attempt at compromse-for am
against compromises past present and utureit has
distinct avowa of principle of constitutional law held for
in allegiance by the nominal existence OF the Mis-
souri-compromse line, law existing in statute without
constitutional sanction and in direct derogaton of the
reserved rights of the States have always held to the
opinion that people intelligent enough to hear
the whole truth relative to the government and to sus
tain the true meaning of their constitution Ii they are
not satisfied with it, the know it the better 1t
is lawful to change constitution 1t is moral treason
to pervert msconstrue, conceal its meaning hence
supported the Nebraska bill but always with regret that
this BILL with all its notifications and additions,
fell short in my view in very important particular
While it asserted principle not to be found in the con-
stuon and in the compromise acts of 1880 it failed to
assert the full extent of those principles this subject
of owl IN
provision to coordinate branch of the government, and
this too, point of most vital importance to large
section of the conederacy My own opinions were well
settled that territory acquired by the common blood and
of the people of all the States open to ALL
and that the right of emigration with their property,
slave otherwise secured to them under the reserv
ed rights of the States power which was never del
egated to the general government that the constitution
recognised and protected in the Territory while it remain
ed in territorial condition. all property slave other
wise and that the United States courts had ample uris
dcon for the maintenance OF their rights and to muct
in damages any who might inveige, destroy, dam
age anything recognised property under the constitu
ton in the Territories of the United States and that these
reserved rights of the States would continue in full force
until the people of the Territory having sufficient pop
uaton, should the garb of sovereignty and pro-
ceed through their representatives. to frame constitu
ton for sovereign State To this tribunal and to this
alone, the reserved rights of the States yielded,
knowledging their full jurisdiction the whole sub
hereinafter
These were my opinions at the time and ardently de-
sired to see them Embodied in the bill.
The Supreme Court has the unquestioned right to
anime into and pass upon the consttutonay of the laws
of Congress- and if they there power in the people
to change the constitution and correct their but
is in my opinion contrary to the spirit of instu
tions if not in derogation of the constitution ITSELF for
the legislative power to enact conditional laws 1t may
suit tmid legislature, enacting sumptuay laws
thorizng municipal subscriptions to railroads. &C., to
tack on, sea TO he approval Of the people az the polls, or
sin the Nebraska bill subject to the constitution not
ypda and lint he TT
may hereafter, when they get and it suits their
convenience decide the meaning of our own law by our
act, in the mean time to be held in allegiance.
1t was because dslked this omission that held my
peace pending the passage of the BILL while my votes
and acts for the BILL In order to that much
RETAINED from speaking on it, because if Intercepted
should have felt obliged to say all say now, and which
took the first opportunity offering to say in my place
the floor of the House. several months before the meet
ing of the Cincinnati Convention my election in Oc
ober 1885, and in advance of the presidential election
and to express the opinion mot by authority that the
statesman whom preferred for the presidency enter
tanned these views this subject That statesman
nominated and my district increased its majority for
him. with full knowledge of this construction of the Ne
braska act two thousand beyond the largest
given before.
happy to be able to say that the President has al
ready fully endorsed by his public acts all that
pected from him in his construction of this BILL
always supposed it deemed erpediet by Congress
to leave open judicial construction because there
listed honest difference of opinion, which would only
acknowledge judicial authority the true meaning Of
the constitution. Be that it may, it subjected the
whole northern democracy to the unjust charge of being
unsound vital question of constitutional law. The
opposition from the South boldly charged in the organ
zation of the Thirty fourth Congress- December 1855
that northern democrat construed the bill it
understood and explained by southern democrats and
what was still worse, gained nothing at the North
open it was to every conceivable construction 1t pre-
sented in any other attitude than that of compact
united party in all principles The democratic con-
of in
to acknowledge reject it, and gave finally the cold
shoulder under the allegation that the State democracy
in their State issues had nothing to do with these national
embarrassing questions 1t avaed nothing, however
for were beaten many thousands, much to my regret
for of worthy candidates. but richly deserved by
for efforts to shirk the responsibility of candid
avowal of principles at all times and in all places
These issues fortunately for the country oil
tied peace again is restored, and sincerely hope
may never again have TO enter the field where the cons
tuition itself and the existence of the Union to be at
stake, arising from question of construction of organic
law, not definitely settled even in ranks.
The construction given to the Nebraska bill is be-
ing put to tho test in Kansas and firmly believe it will
convention composed of delegates elected by the people
for that express purpose has assembled to frame
sttuton preparatory to the admission of the State into
the Union Either this convention is clothed with
ereign power, it is nultyf the former, then it
falls exclusively within its Jurisdiction not only to make
the constitution but to send it back to the people for ra
caon not, they may determine and If they should
submit 1t to the people, it is equally exclusively their
province to say who qualified to vote it. Inter
ference at any time by any functonay of the general
government within the lines of this jurisdiction would