New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-08
XXXVITH CONGRESS.
FIRST SESSION,

MIR. AN HONI KEEP, *. l.D presented rfinOn
STRANGE of paentees and mechanics against such an al
Iteration of the patent laws shall take from the ap-
pllcants the right OF appeal from the decision Of tho
Commissioner.
The bin TO settle the titles Of certain lands get apart
for the use of half-brced Indians in Kansas taken
up and parsed.
Mr. DOOLITTLE Rep, Wis., presented rcsolu-
tons of the Wisconsin Legislature IN favor Of tbs
Homestead bill and against the discrimination proposed
against foreigners. Ordered 20 be printed.
Mr. Daviss resolutions came up.
Mr. DAVIS said his resolutions were little m6rs
than mere announcement OF the principles Of the Con-
etution The present difficulties The slme which
the founders of the Government had 10 compose. lie
would rot argue about natural and inherent rght Dat
would plant himself on the Constitution, when an
have sworn 20 support. When the tempter enterea
the garden of Eden, he the first teacher OF the
higher law. From the effect OF the Introduction OF tnat
higher law came sin and death. Why then talk Of
natural rightsl Who 10 st "a Judge TO try tneIni
The Constitution the law OF every American and
be argued that question outside OF The forms Oi Jaw,
and order was contained in IL. One great source
OF difficulty was the theory that tins was y
government Of one people instead oi compact be-
tween separate soyefegntles HIS desire OF separate
and independent communities brought about the early
settlement of this continent Inc Declaration VI IN
dependence was not for the Colonies united but Tor
them separatey and the Constitution was not adopted
by the OF the people, but by the States seyeiay
This was further sustained by the circumstance OF tAe
irregular period nj which the Constitution was ratified
by the different States lie read from the debates OF
tie New-York Legislature, and the Legislatures OF
other States Tie ratification OF the Constitution, 10
support his views wherein ground is taken
that the States could at any time when IL
WAS necessary resume the powers which
they lad delegated to the Government. Ito
referred 10 Cotton rs the great BOND OF ths uh'oh
between the States which was important to the mana-
facturers of the North The diversity OF position OF
the two sections rendered free Interchange oi COM
modes necessary How surprising then, that thai
book should receive the commendaion OF Large num-
Of RcureEsfft
because the South used the surplus proceeds OF North
ern manufactures. The South demanded protection,
first because il its rights second, because II was
the duty OF the General Government. Mr. DAVIS READ
MANY distinguished authorities to show that power
was given 10 the General Government To coerce the
States and that the idea OF community Of independ-
ence prevailed among the leading men Of all sections a.
the formation of the Government lie also asserted
that the General Government had no pOwerto limit the
importaons of any State. # 1t be a protective duty
by which the States are taxed, by what right "a
slave property 10 be deprived of this protection
On this issue after days Of discussion they saw the
Democratic Convention broken up, and the party
uniting oyfully for is funeral. lie had faith, how
ever. that the Democracy still lived, that 1t would
honestly meet the issue, and that the masses OF the
country would sustain il. The Wing party had ceased
to live Differing with IT on the points az ISSUE he
would render homage to it, faithful adherence 10 what
ii thought right. Then the Radical party, which
sought 10 oyertun the Constitution. Thus that
many members of the old Wing party were acting with
the Democracy now as the only Conservative party.
He trssted the hopes Of the Conservative element
would nOt be- disappointed and thanks to Providence
he believed it would revive and reunite. hlr. Davis
referred to the fourth and fifth OF his resolutions which
asserted tn erght Of slave property to protection in the
Territories, and the duty Of Congress 10 see that
this protection afforded. lie stood half
way between those who asserted the absolute
power of Congress the Territories and s1uater
sovereignty men. Congress had power 10 establish
temporary Governments in Territories. Heread Judicial
al authorities TO sustain the views embodied IN hs reso-
lutions and asked how that could now be considered
judicial question which had already been decided The
umpire selected referee IN the controversy had de-
cded that neither Congress The Territorial Legis
laurc had the power to impair the right 10 property
He less now than ever disposed 10 submt % the
doctrine of squater sovereignty. Ii first brought
forward by good and great in 1915, who feared
that the Government would not stand the rude shock
If cOntending parties IL falacy that should b.
exploded. What the result in Kansas, where the
experiment was first tried Did il succeed No.
The Government had to inerpOse TO prevent desols-
ton by civil Congress has right TO abdicats
any power conferred on il a trustee. Looking to-
ward Mr. Douglas he asked what consequence to is
retention in place when weighed against the in
terests of the country Of reason, rgit, and Justice,
what is there sustain your polcyl lie then argued
to show the absurdy OF the idea that Congress could
cothe ito agent with power which 1t did not tsr'f
possess. This was allowing the recipient more
than the donor had to give He had heard the
idea Of nonniervention in the Senate of the United
States which had been hammered out 10 embrace
boundess regions. He denied that non-in,ervenon as
it formerly understood, denied all right OF Con-
gress TO legislae in regard TO slavery AT the very
lime the doctrine was preached, the Fugitive Slave
law enacted, and legislation taken IN regard 70
Slavery in the Territories the Distric. of Columbia
lie read Mr. Clay opinions on the subject, 10 show
that he who was the originator OF the doctrine never
gave il the Interpretation claimed by the advocates Of
Popular Sovereignty. The Senator from Illinois IN
1850 opposed every proposition which passed the Sen
ate and voted for the prohibition OF Slavery from the
Territories. lie believed lac did under instructions
Congress-,
the provision requiring the Territorial Legislature 70
submit lts acts 10 the revision Of Congress ana
this was claimed concession of the power by Con-
gress. This however, was not 80, as Congress sues-
quently inserted provision in tae other bus. Mors
over, Congress could not abdlcaie Its powers ITO
asked no more for slave code than for horse OF
machine code. He did want the Territories 10 lncsf
stand that they had right interfere with the ryns
of property; and if they did So be wanted Conyrss
to interfere. He only asked that the CONSTITUTIONS
rights of the Southern States should he respected ne
hoped that Mississippi would never surrender ha
equality OF rights 10 avoid any danger The county
had reached period of civil war An armed Dana
had invaded Southern State, and the question was
what must be done 10 the country Leosaui
ers had been sowing broadcast throughout 'po
land incendIary doctrines, and be called On
the Senate to promote correct principles ana o'iS
back the Government 10 the doctrines of the tcnshe
ton. They asked If the party processing hotny
TO their institutions got possession OF the GoyernM
10 await calmly an overt act. Was not deeiaraspa
of war mn overt act Ii hostile army stood beioms
your city, must YOU wait I'll ii is sacked lie wona
them ut the outer gate Yet for this the Soun
charged with menacing the Government The defer
mination of TIE South TO maintain her equal ngns
tortured into menace. IL not n thres, p%
warning 10 prevent that which was dreaded, nv' ~.
sired This question has been tempered with 100 'ons'
and II lis time that the truth asserted IN unequ0
cal language. 81,
Much Of Mr. Davss speech was inaudble. hs
complained of indsposition
of