The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-24

pot our theory; was the theory Of our iathers;
the foundation Of the government II was the theory Of
Madison, and OF all those who were honored In those
days days with public sru:, and oonnasuce app.sss We
gooo sense, and Law and reason But we knew that 1t
Territories was disturbing question; the claims
OF thoee who maintained the power Congress TO exclude
which hose who favored THAI doctrine attributed 70 US
namely the continuance OF this slavery
inevitably follow (Applause say that the patriotic
Of ths senate, from every section OF the country
went into council with honest and earnes. desire TO- II
they could, dispose Of that Territorial question 1t
began in ls47, after ] became q member Of the
Senate, in the case Of the Territory OF Oregon
That was q Territory acquired by discove
ny, and Great Britain claimed that they were
res OF years but settled at last by convention,
and line between the territories was drawn. Caor
res attracted thousands into that Territory From this
great many found their way TO Oregon and soon II be-
gan TO organize Territorial govern uent the church
members betook themselves 10 the task OF prohibiting
slavery the Territory and in that state OF things, Mr.
Clay then Senator from Delaware, made an appeal
the Senate all sides (He was whig, but an en-
together In common council, 70 see II there was no
m-de by which this dangerous question OF slavery In
the Territories could be finally settled. He was met IN
the spirit In which the proposition was made. and q
committee raised TO which the subject was referred
Upon that committee were gentlemen ., me senate q
OF all parties. John Calhoun went upon that commit
tee, as other gentlemen with al earnest desire and
hope that when minds like these were brought TO bear
upon subject they would dispose OF forever The
&C mmttee session four or ave weeks The
deliberations Of course were In private; but remem-
Der very we'll which took place a. the
time this question was being acted upon Dy
the committee. One Sunday morning. at late
period In GUNNER, II being then long session OF Con-
aress Mr. Calhoun about O'Clock 10 the day, called
at The house Capita Hill occupied by Mr. hunter, my
colleague, Judge Butler OF South Carolina, Mr. Cahoun's
colleague, and my self aud said
Ge1 uemen have come TO take Sunday vita you;
want % sli % have u,s come from the Capitol and
rink gentle and others fro the southern states
Which we can quiet once and this question:
Of slavery and want 70 advise with you y see your adg
my clear The frs, q TIA, The constitution Of ,he
States the second ia clear 10 tho constitutional
reading constitution denies hs Congress-
tire satisiactioo Of the South
Mr.. Webster bad denied II. He took what seemed to
me- very strange position-that the constitution OF
United States the Law OF the Sta but not OF
the Territories that had binding cation what
with To the latter That could be disposed
Of however very easily by putting In the Territorial Law
clause that would mske applicable 70 the Territory
This 10 the constitutional question We agreed that
judicial mind under the solemutes and responsible
tiee with which the Judicial mind acts 10 its place,
power Of prohibiting slavery In the Territories could de
eide sRainst the South. And having thus agreed that
great and iustrious man, John 9. Calhoun, Of whom,
whatever may be said of him In his day and generation
he had great enemies and, strange, some who de
rideo him, but said that there existed upon
the Continent In the public councils Of them any
one whose 10y atty devotion exceeded his be was
enlightened statesm an; South Carolina his
try and only country the South WAS his Inheritance and
his only Inheritance; hs looked with equal glance
the whole Union, but his affections bound him TO
the South-f there vas man OF that day any other
1t was John G. Calhoun. (Applause.f Isay that this
Construct, Of the constitution being agreed TO- that
great and ustrious In that committee gave bis
dial assent and appreciation 70 this proposition which
have mentioned Of making this Territorial question sub
ject for Judicial decision (Aplause.) II was done A
bill reported 70 the Senate by that committee or
rsnizne Territorial government In Oregon leaving 10
the Territorial council organized uncer the Law the dspo
stion Of all questions Of domestic interest," and amongst
the rest this question Of slavery, whether II should be
there not, was made dependent upon the power Of
Congress 10 invest that power the object being 10
construction Of the consttutontha Congress could not
mpsrt the power. Other gentlemen OF . contrary
opinion bill was reported TO the Senate and IL sased
that House by undivided vote Of the democratic party
South and large portion OF the democratic party North
The bill defeated In the other House the
not necessary 70 into But some principles after
after carried 10 the Kansas Nebraska bill which
has been the true source Of all the difficulties have
thus given 70 you what believe be full explanation
OF the constitutional rights OF the States 70 determine for
themselves this question OF giving the Territories the
power 10 exclude slave property from the Territories II
strictly political question and not legal question
II was question which the States had right 70 deter
MN ne LOT .nemseves or 'ney mgns have decided BY
man ~ John G Calhoun We assumed the great RESPONSE
bty Of waving the political right Of the State Of Virginia
70 determine that question for itself, agreeing 10 sub
II 70 the arbirament a the Supreme Court and
Tor the time judicial question say the responsible
my vas sreatsreat this that We took from Virginia
We referred the arb,rament Of right away from her TO
tribunal In which We had oonndenoe-,be Supreme
arbitrament (Applause) why Was that dones For the
purpose OF preserving the Union of the States peace
sSa s .s ,S % Sas e., motive On s
organizing the Territories Of Ulah and Mexico in
1850, and KAnsas and Nsbrasks 1854 told now
that hose Who did tSs are The dsuniou party would ali
mind Of any generous emotion ooy with feelings OF In.
.som hen ,ns IA sos
cratic party OF the south-tha, h any purpose OF dis
union, 10 mean, puerile, paltry (Applauss.) Here u
but fac. the public Of thai very party under
the lead Of John Calhoun In s4r carried out 1850 and
is We ,oos have said the srs., .,
power for the pupoee Of preserving the Union 10
lAppause Isay then, that any puere, paltry charge
union Unworthy Of manhood. cloud spplause) Nov,
fellow citizens, you very well that long this
question for hsrse which she had an uneousss cove
reign right 70 do she safe because IL exercised
BY federal agency in excluding her from the Territories
under circumstances which was not only In violation
Of The constitution but particularly hilarious fatal
her interests, she had the power her own hands 70
aous applause se required 4 You msy oSI ,Seo
70 the responsibility assumed when we took that
power from the southern States and took the OF
ferring the question 70 the Supreme Court suppose u
had been against us-suppoe the Court had decided,
when toe case came before &C. that the constitution did
not authorize Congress prohibit slavery the Terrific
res and therefore, OF oourse that Congress could
40 Intermediate agency In the TER n the su.
preme Court did decide know, for think
speak for all my hoaored Associaes-thAt deeply pc
ent A. We would have been for having taken tire
spousibiiy d dvesting our states Of that power with
conscientious that I'D II with fail seass
OF the responsibility and purpose 70 adhere W the bar
gain In good fath-deeply pcutent ss we would have
beensc would not ooly nave submitted 10 the arbisra
ment but would have applied 10 States 70 Aln
Cloud applause) And they would have sustained
Why Because The honor Of the south committed
abide by the decision. But the decision vas ia
Inc question went 70 the Supreme Court In the
OF The negro bred Scott The sole question Involved n
that case vas, ~ every lawyer knows, whether
Congress had power 70 prohibit savsy In the Terrific
rice and the decson OF that court out and out without
qualification condition OF any kind was con
stitution rave no such poww-oone. me decision
tanned ,he southern reading of the constitution declaring
hat the constitution such poser 70 Congress-
and of course that Congress could not impsrt 10