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
"My friend from Alabama presented a question to the senator from
Illinois, which he did not answer. It was, whether a law
pronounced unconstitutional by the Supreme Court was still to
remain in force within the territory, Congress failing to provide
any remedy which would restore the right violated by that
unconstitutional act? The senator answers me from his seat,
'clearly not.' Then I ask him, what is the remedy? The law is
pronounced unconstitutional, and yet the right which it has
violated is not restored; the protection which is required is not
granted; the law which deprived him of the protection, though it
may be declared unconstitutional, is not replaced by any which
will give him the adequate protection to hold his property. Then
what is the benefit he derives from the decision of the Supreme
Court? The decision of the Supreme Court is binding upon the
Congress; but this squatter-sovereignty legislation, seeming to be
outside of the Constitution, outside of the legislation of the
Federal Government, erects itself into an attitude that seems to
me quite inappropriate.
"I concede to the Congress the power, through the instrumentality
of a territorial legislature, to legislate upon such subjects as
Congress itself has the right to make laws for; no more than that.
More than that the senator cannot claim, unless he can show to us
that philosophical problem of getting more out of a tub than it
contains; its contents being measured, to find something more
which can be taken out of it. If he will not--and I suppose he
will not--contend that Congress can delegate more power than it
possesses, how does he get the power in the territorial
legislature to pass laws which will interfere with the rights of a
citizen choosing to migrate to a territory? It is the common
property of the people of the States. Every citizen has a right to
go there, and to carry with him whatever property is recognized by
the Constitution; the common law of the States forming the Union.
Congress has no power to prohibit it; is bound to see that it is
fully enjoyed. Then, I ask the senator, where does he derive the
power for the territorial legislature to do it? for he has planted
himself now on the ground that they derive their authority from
the organic act."
At a subsequent stage of the debate, the subjoined colloquy occurred
between Mr. Pugh, of Ohio, who had the floor, and Mr. Davis:
"MR. DAVIS.--With the permission of the senator from Ohio, I will
ask him whether he understood the senator from Virginia to assert
that the Constitution of the United States would give the right to
carry this property into the limits of a State where it is
prohibited?
"MR. PUGH.--No, sir; but I say that this proposition is nothing,
unless it goes to that extent.
Public-domain text, read in full here on John Shaqi.
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