State Gazette Appendix. (Austin, Tex.), No. 10, Ed. 1, Tuesday, November 20, 1855 Page: 3 of 4
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Fonrarf-
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'LEGISLATIVE PROCEEDINGS.
ftOV. 20
that I madeyand then tbisIIoUBe can judge what
gross injustice is done to me by that sheet and
also to my friend from Fayette (Mr. Dancv) who
used no such language an that attributed to him
in this article and who is too courteous and
honorable a gentleman and too familiar with par-
liamentary etiquette to deal in any Buch an insi-
nuation as to "mental reservation" with reference
to one of hiR peer on this floor aa thin paper has
attempted to put in hi mouth.
The preamble and second resolution instead of
the first as I inadvertently stated reads-as fol-
lows: r
I read from a portion of the preamble " that'his
(Pierce's) vetoes more especially of the River
and Harbor bill the Spoliation bill and the Col-
lins' Steamer bill are so many lasting monuments
in the history of the veto power showing not
only its efficiency and necessity in staying the
hand of wasteful and improc'uhnt UgUlation but
of preserving the Federal Government within its
true sphere and depriving it of the power of be-
coming dangerous to and subversive of the liberties
of tlic States."
Thereby intimating that the measures before
enumerated in the preamble contained principles
"dangerous and subversive of the liberties of the
States." Now for the conclusion deduced from
this preamble contained in the second resolution
which reads as follows:
" Resolved That the Ilalls of Congress are fast
becoming an arena in which a portion of the
people's servants ore found the aiders and common
supporters of nil kinds of claims and scliemcs of
puunc piunaer; anu uiat it is mgn time mat tlie
people in their primary meetings should watch
with more vigilant eyes the course of their servants
in Congress and visit upon the author of this
liesntious and corrupt legislation the denunciation
ami sccrn tchich they so tccll deserve."
Now I appeal to this honorable House if therd
can be auyotherinfereuce drawn from thisprcara-
ble and resolution than that they "denounce as
corrupt" all those "servants of tho people in
Congress." who voted for the Collins' Steamer
Jrillj and therefore by irresistible implication they
"ccnsuro Gen. Rusk; and that was the only state-
ment I made.
I would not have noticed this article had it cost
me any troublo whaterer to do so but having the
documents ut hand and the Reporter near I con-
coived it my duty to give this refutation of tho
charge a circulation co-exten9ivo with the slander.
X-knoir that it is idle trader the present conduc-
tors of the public press in Texas with few excep-
tions to hope to do one's duty and escape calum-
ny and detraction.
It is generallyijasier to let the falsehood wear
itself out than to attempt to correct it.
For refute it to-day and the slander will bo re-
produced to-morrow" as fresh and as full oflife as
ever literally verifying tho lines of tho great
English satirist:
"Who hames a scribbler? break one coh.iveb through
He ipin the Mrac self pleasing thread anew
Destroy lili fib or sophlrtry In vain.
The creature's at hli dlrtjr work again "
Sir. Dancv In justice to the gentleman who
lias just addressed you I will state that he is
correct in saying that I did not use the words
"mental reservation."
I stated that tho Democracy of this county
never had intended to censure Gen. Rusk. That
I 'believed the inference of tho gentleman from
those resolutions was incorrect. Gen. Rusk might
havo voted for a measure that wan carried by
corrupt men from correct and honest motives.
He was not named in tho resolutions spoken of
as a corrupt man and I know that the Democrats
who composed that meeting have unlimited con-
fidence in Gen. Husk as an Honorable honest and
faithful Senator. He may have erred but I havo
never heard but one expression of opinion from
thoDeniocracy of Travis county concerning him
which is that they are proud of him on account
of his distinguished ability his unbending inte-
grity and his firm adherence to the rights of tho
South.
- So.far.as tho dispute between tho gentleman
atmdihe editor of the paper to which he alludes
is concerned Iieave them to attend to their own
matters.
Speech of Hon. Axlibcl Smith.
The Compositors having omitted a few sen-
tences in Mr. Smith's speech in the debate of the
lGth we republish it corrected. Eds. Gaz.
Mr. Smith of Harris. I agree with the gen-
tleman from Washington (Mr. Tarver) that the
discussion has drifted entirely away from the
resolutions before the committee; and were the
subject which has actually been discussed other
than what it is I for one would ignore without
preface all extraneous subjects jiml come back at
once to the subject matter of the resolutions
which are or rather ought to be under conside-
ration before the committee. But we havo had
thrust suddenly on us Mr. Chairman the only
subject I can imagine to which lam not willing ever
to give the go I13 e. Whenever and however the
subject of abolition is presented I am ready to
meet it; and I conceive it more than ordinarily
proper on this occasion that we should meet at
once aud without delay the most extraordinary
sentiments the e ttraordinary and dangerous po
litical opinions the extraordinary dangerous and
unconstitutional doctrines which have just been
uttered in this House. The speech of the gentle-
inan from Galveston (Mr. Sherwood) has been
taken down by your reporter if he has done his
duty and will go forth to the world; and I deem
it the imperative duty of the Legislature of Texas
in the most solemn manner to declare our ahbor-
rence and to stamp our solemn rebuke upon tho
incendiary sentiments and unconstitutional doc-
trines which we havo just listened to and which
I never expected to hear avowed on this floor.
I have not risen Mr. Chairman to inquire into
tho antecedents of the gentleman from Galveston
nor to discuss what opinions he may or may not
at any time have entertained. His long array of
letters and certificates wax for me wholly unne-
cessary. I have by the way Mr. Chairman my
own notions .about oTHtficates. -!-vag-tviHhig to
take the gentleman at his word that he is not
what I believed he had been falsely charged with
being an abolitionist. And I know full well
Mr. Chairman that his constituents would never
send r.u abolitionist to represent them here or any
where. Hut I must hay that if the opinions ex-
pressed bv tho gentleman throughout the long
speech awtfhespiritw-hichbreathcs throughout the
long written document to Which we have listened
do not smack of abolition to tiieir very core I con-
fess that I do not understand the meaning of words ;
I do not know what abolition is. 1 appeal to
every gentleman who heard them is it possible to
misconhtruo the thorough abolition which pervades
them ?
I shall first Mr Chairman examine briefly the
strange aud unconstitutional doctrines of tiie gen-
tleman in regard to tho power of Cougrcss over
slavery. The gentleman laid down the doctrine
that the Congress of tho United States possesses
"sovercigpfy and jurisdiction oct all matters in
the territories including slavery." I u'.e the gen-
tleman's own words do I misrepresent his idea?
If so I stand to be corrected. The gentleman I
understand assents. Now sir I appeal to the
constitution is there any such doctrinu contained
m that instrument? I hold the constitution in my
hands and I beg gentlemen of the committee to
bear with me while I read all aud every thing in
tho constitution it is short said upon tho sub"
ject of slavery. And then I shall ask where the
Congress ot tue United btates gets its " sovereignty
and jurisdiction" over this subject. Read!
Read I
I shall first read an article of the constitute n
to prove what every gentleman who hears mo
knows is a fundamental doctrine in regard to the
powers of Congress that Congress possesses no
power not clearly delegated.
The tenth article in addition to and amendment
of the constitution of tho United States reads
as follows:
"Tho powers not delegated to the United
States by the constitution nor prohibited by it to
dh'e States are rclerved to the'States respectively
or to the people."
I then say sir that according to this declaration
of the constitution if there is no clause iu this
instrument giving to Congress the right to legislate
upon the subject of slavery in the territories that
body does not possess the power.
I now beg to cite all the articles of tho consti-
tution in which the subject of slavery is alluded
to a3 well as to that wherein the power of Coin
gress over the territories is set forth defined and
restricted:
Art. 1. Sec. 2. "The migration or importation
of s(ch persons as any of the States now existing
shall think proper to admit shall not be prohibited
by Congress prior to the jear one thousand eight
hundred aud eight; but n tax or duty may be im-
juihcd on such importation not exceeding ten
dollars for each person."
Art. IV. See. 2. "No person held to servlco or
labor in one State under the laws thereof escaping
into another shall in consequence f any law or
regulation therein be discharged from such ser-
vice or labor but shall be delivered up on claim
of the party to wliom such service or labor may
be due."
I am now come to my last quotation the solo
remaining article that relates to this subject now
before us.
Art. IV. Sec 3. "Tho Congress shall hava
pow er to dispose of and make all needful rules aud
regulations respecting territories or otherproperty
belonging to the United States.
The gentlemen of the Committee have listened
patiently while I have read every word in tho
Constitution concerning thesubjeetof slavery and
the power of Congress in the territories.
I do not believe Mr. Chairman; that the veriest
jack-leg lawyer in tho State would so far risk his
chance of acquiring reputation hereafter in his
profession nor the most insignificant grocery-
keeping magistrate nor that any man of common
sense understanding tho plain meaning of plain
words would so far stultify himself as to assert
that by the most extraordinary implication
inuendo or stretch of construction jou can find
any power .herein empowering Congress to con-
trol slavery in tho territories.
AVherc Mr. Chairman where does the gcntlc-
tlcman from Galveston find his " sovereignly and
jurisdiction." 'Sovereignty and jurisdiction over
all matters in me territories predicated ot Con-
gress without a shadow of support in the Consti-
tution why the very words smack of the omnin
otence claimed in another country for tho British
Parliament. No Mr. Chairman the Democratic
party holds no such doctrine. No sir ice abido
by the Constitution we appeal to the record and if
you or any citizen of the Caroiiuas or any other
Stato choose to go to the territory of Kansas with
j our sliu es are you to be plundered of them your
property in them to be divested and they to bo
set free under the pretence that it is n "needful
rule or regulation I " I shall not answer such a
question. The gentleman has indeed admitted
that in 1 iew of the state of public feeling it w ould
be " incrpediffit " to exercise this sovereignty and
jurisdiction. Yes it would be "inexpedient" and
accordii g to tho democratic doctrine a good deal
more than "inexpedient! "
I eome to another poiut If Congress does not
possess and cannot exercise the power in ques-
tion neither can the territorial Legislatures or
councils exercise it. Congress cannot give a
power which it does not itself possess. The ter-
ritories as such arc tho common property of every
State in the Union Southern as well as Northern
The citizen of Texas goes into every territory be-
longing to the Union with the same unimpaired
rights which he possesses in the State whence ho
emigrates so far as the rights of property arc-
concerned. I will not argue this point longer. There is
tho Constitution and. I ask the gentleman from
Galveston where ho finds within itsleaves a sen-
tence to sustain the extraordinary doctrine ho has
set forth so elaborately this morning.
Another point; I shall touch it very briefly. I
would willingly go at length into its consideration
but fear to weary your patience.. It is tho sub-
opened a f plenilld stock of Staple :uiIi
fancy uirry aoas- mamiraDiyi'
adapted toUc nsc or iainti andjuen-
1SgtSWt
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Oldham, W. S. & Marshall, John. State Gazette Appendix. (Austin, Tex.), No. 10, Ed. 1, Tuesday, November 20, 1855, newspaper, November 20, 1855; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81215/m1/3/: accessed July 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.