The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-07
THIRTY.sIXTH CONGRESS.
PIRsr SESSION.

WASHINGTON, March o, 1860.
The Vice President laid before the Senate certified
opy Of the Kansas constitution received from tho pres
lent OF the Constitutional Convention.
Tx HYATT, rIE CONTRACTORS nARrER's
WITNESS.
Mr.. MASON, (dem of Va stated that the serseanta
had arrested Tnaddeus Hyatt, and moved that he
pe brought before the bar Of the Senate, and Asked
Fret What he has to offer for refusing To obey
he Of the committee OF the Senator and Second
whether be il ready to answer and that he be
lnred 10 such questions may DO propounded
By the committee, Z writing and under oath.
Mr. Hyatt was brought in.
Mr. Hale rcp J. of N. n. moved to amend TIC FIRST in
errosatory by sub tuiing the word "resson for "ex
use" Mir Hale SAID he believed the Senate had no right
send for tins citizen, and believed he bad valid rea
son Tor rct ccmng.
Mr. SAuIsRrRY, (dem Of Del. said the questions wero
10 the usual form pronounced in the courts Of ia~.
Mr. HstE SAID that vas the mistake 70 act as though
this was eonrt Of p'enary powers
MIR Hale's nett was lost by yeas W: nays AZ.
Nj Hale moved IN addition that the Sergeant a. Arms
allow tm fun optor'nni,y to consult with counsel
Nr MASON Thought tnw vas unnecessary. Tho priv
lege vootd b. showed HIM.
Mr. HAZE withdrew h,s amendment
rhe resolution Sas then adopted by yeas 80. nays
The nays Mssps. Bingham, Durkee, Hale, Sum.
q y, Wade aDr Nilkioson.
motion Of MIR. MASON II ordered that Mr.. Hyatt
renamed into the custody OF the Sergeant at arms
bo gwen until two O'Clock on Friday next 10 answer
The questions propounded
TIE INDIAN mRFAu.
Mr.. WILSON. (rep) Of Mass introduced resolution IN
nctipg the Committee the Militia TO consider the
sreoispcy Of Transferring the control OF the Indians
from the Interior to the War Department
Various reports and bs OF neral interest were
Introduced.
TIE MILITARY AcApr,fY Bill.
Wae taken up, and motion les reference TO tho Com
Itee Military Affairs recopei5ered.
SLAVERY IN TR rsRRIroaEs.
On motion Of Mr.. BRowS, (dem.) Of Miss, the I'M
finished husirpes ppStDODeu
res oluti, relative to the Territories called up.
NJ BROWN, (dem.) Of Miss stated that he held that
property under the constitution Of the United
atss; n being property their had the
right take them into the commun territory Of tho
cited states there hold them properly that the
any other species property had take tbeirs
and further that having the right TO take this property
to territory the owner Of necessity entitled TO have
protected after be gets there, ese the right would
nngaory. Up TO this point be had not found himself
differing materially from his democratic friends;
vas they sSp tho dT usg he tho ss
torial legislature to afford him the protection to
which be was entitled; but the legislature failing or
refusing 20 do this then be insisted that it became the
duty Congress 10 afford that protection and here
the rub Is Congress, said he under crcnmssances
INV slave uropertSp insist that Il M That slaves are
properly the constitution they entitled 10 the
protection which is afforded to any other kind Of
property whatever obligations imposed by the
constitution imposed upon Congress and not upou the
Territorial legislature Whatever appeal Southern cti
tights addrees to Congress- And why2 Becauvc eli
tho powers imposed by the federal constitution to
make laws were imposed upon Congress. When the con
sututicp formed there was DO such thing Terri
to- ia legislature and there was not for many years
Afterwards. There is not word 70 be found in the de-
hates of the trainers Of the constitution 10 show that they
supposed there would be any such thing Terri
toris Legs AZURE therefore such obligations i'm
posed On Territorial Leslstwe They were imposed on
Corgrtss, and Congress, acting in ts legitimate sphere,
t ansfe,s its obligations IN limited degree TO Of its
creares But Congress cannot, in the act of pans
feyrpx s obligations an inferior discharge itself Of
theee right alave
property and the owners have right to tako them
into . Territory, must be right in supposug
that the duty rests upon Congress to protect them.
If ia 1ope by the creature, WELL il s not done, the
obligation devoves upon the creator to ntepoee and
passed. because they do not embody the sound
principles and not capable OF being amended
bring them within the reach Of nearly ALL II not all the
democratic Senators, but because in DO sort of form re-
tan,pg the substance they COMMAND public cup.
port, then au told that they cannot be amended
as TO command the votes Of conservative democrats.
There CAV when had great respect for the word
thought 1t meant politician who
would retain the substance of proposition and so
mo1fy its language as to meet the vie Of his
brethren; but seems To be considered that q
servave man il sort OF go between, sort Of political
toll gate keeper, who looks North South East and West,
for customers and cares not from which they come,
long they pay their tolls thank my God that l am
lot such being thank God tha. be has so created me
hat am capable feeling connections that
he has endowed with tho moral courage 70 express
them tn the face OF oil opposition Mr. Brown proceeded
be hal heard suggested that compromise might
IL
render something OF substance upon another question:
be would allowed 70 Icton all Of substance upon this
in pain English il she would agree 70 discriminating
taiiif mud allow protective duties 10 be laid upon
coat and other Northern pro iuctons the Northern
men would yield enough Of their opposition upon the
give the South the protection she requires for
her slave property In the Territories. This explicitly
stated Commodore Socktons letter recently and in
ercsce TO this he would declare that he could never be
brought the point OF buying his constitutional rights of
any The South vas entitled 70 have her slave pro-
per,y protected or she was not she has that right
lop II she has no such right, she should mike no
such demand All he asked was respect
.ar a right guaranteed BY the constitution.
our legislation rs 70 90 them favor lie had not IN
1erstood that the zeaous advocate OF
protection tariff claimed that Congress bound 70
sora thst kind Of protection, but only that Congress
might afford il Il Congress thought 1T Therefore the
Dot equal The south was asked TO give up an
absolute right Was II modest for Pennsylvania aud New
]ersey, tsented they in the Senate and the
,,her House Of Congress with Overwhelming free soil
majority in the House Of Representatives. making per-
stent upon the slave property Of the South, and
Zach Of them represented In the Senate by opponent
Of slavery, and only one who u willing to do the
south Justice? was modest for them 10 ask the South
price for this absolute right that the whole country
should be taxed for their aa::; What would Psaugvi.
vana or New Jersey think he should AJAX them 70 sub
NJ 70 xaoa 10 order the people Of the South might
receive larger pro0w On their planaonsS Tho South di
ask protection the profits OF their property but ON
heir property se'f No, he rejected such proposition
With scorn. Many Southern men admit that that they
have not had Justice In the Territores that they should
have been; but they .ie us that We not pur-
suing the right remedy in the right way that In
stead OF going to Congress VIC ought 70 20 70 the
courts, and that there, with the constitution cx.
pounded by the Supreme Court and the common
avs, shal find adequate and sufficient protection he
proceeded to this argument, quoting paragraph from
spes CD Of Senator Fitch He regarded that Scns
good ply sican but no lawyer; and when doctors
get taxing about the common aws, they very apt
% make mistakes If be waited limb amputated, or
required medical attendance, he would Gail upon his
Trend from Indiana aud place confidence 10 bis ability;
~ hch had N sui 40 shoad IN
some other person than that Senator lie believed that
be tDon without statutory law did not and could
AFFORD sufficient protection for slave property. BY why
Of illustration he would take suppose he should
70 with Lis slave kansas and that the siave WIS de-
COY ed away rot INTO Indiana or Illinois, any other
pon slave tol6,pg State, where II might be that
be could pursue him and reclaim him under the
provisions OF the Fugitive Slave law, but that hs
ras merely cnticed into an adjoining county in
ppo eytskts 70 pursue the slave Us his property,
armed With the Constitution and the common law, how
i'll be pase his action? What rs 10 be dcne with the
.o He bad been told else where that he could fnd
be identical property taken ho could bring an action Of
repieyn and suppose he should do and A.
Ter ?, cove ring his slave the should decoy the