Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
"I know we have most high, distinguished, and respectable
authority for the opinion that the people of the territories have
a sort of natural right to exercise all power within those
territories. It is not my purpose to raise an issue upon that
question. I do not mean to argue it. I do not wish to raise an
issue with the friends of this bill, with those whom I am
assisting, and who are assisting me, to pass this measure. Nor
will I do it unless it should be absolutely necessary, which is
not now the case. For, happily, the bill is so framed that it can
be maintained, not only by those who entertain such opinions as I
have referred to, but by those, also, who entertain opinions like
my own. The bill provides that the legislatures of these
territories shall have the power to legislate over all rightful
subjects of legislation, consistently with the Constitution. And
if they should assume powers which are thought to be inconsistent
with the Constitution, the courts will decide that question,
whenever it may be raised. There is a difference of opinion
amongst the friends of this measure, as to the extent of the
limits which the Constitution imposes upon the territorial
legislatures. This bill proposes to leave these differences to the
decision of the courts. To that tribunal I am willing to leave
this decision, as it was once before proposed to be left, by the
celebrated compromise of the senator from Delaware (Mr. Clayton),
a measure which, according to my understanding, was the best
compromise which was offered upon this subject of slavery. I say,
then, that I am willing to leave this point, upon which the
friends of this bill are at difference, to the decision of the
courts."
This position cannot be misunderstood. It is that the Supreme Court
may overturn the action of territorial legislatures. But does Senator
Hunter advocate, as Governor Wise does, Congressional intervention _to
enforce_ the decisions of the Supreme Court? Upon this point he is
silent; though, from the language he uses, it is evident enough that
as a matter of right he would claim the interference of Congress for
this purpose--but, considering the fact that there is not the
slightest chance that Congress could ever be brought to vote such
protection, he may _as a matter of policy_ relinquish the demand.
HENRY WILSON.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account