Tuesday, October 15, 2013

"Possessing these rights of which we cannot deprive them...."

   "But by what provision of the constitution is that right conferred which does not equally apply to the amendment in question? The plain truth is, that a law authorising the people of a territory to form a constitution and state government, partakes of the nature of propositions to form with them a treaty or compact. The citizens of Missouri have certain rights, of which congress cannot deprive them. The following are examples: a right of protection in the free enjoyment of their liberty, property, and religion; a right of trial by jury; of the writ of habeas corpus; of freedom of speech and a free press, of petitioning government for a redress of grievances; of keeping and bearing arms; of security in their persons, houses, papers and effects, against unreasonable searches and seizures; and many more that might be mentioned. Possessing these rights of which we cannot deprive them, they petition for a grant of others. In deciding on their application, we are bound to consider the subject in relation to the general welfare, embracing that of the particular territory. We grant the application upon specified conditions, not inconsistent with the principles of the constitution. The people of the territory examine these conditions and decide thereon; if approved they ratify the treaty, and succeed to its advantages; if rejected, they continue in the enjoyment of all the rights previously possessed."--U.S. Representative Mr. John W. Taylor*, Thursday, January 27, 1820 Debate In The United States House Of Representatives, [Niles' Weekly Register, FROM MARCH TO SEPTEMBER, 1820--VOL. XVIII. OR, VOLUME VI.--NEW SERIES Supplementary To No. 1--Volume VI..--New Series. March 4, 1820, Missouri Question. Baltimore: Printed For The Editor By William Ogden Niles, At The Franklin Press, Water-Street, East Of South-Street. Pg. 19]

* - John W. Taylor, (March 26, 1784 – September 18, 1854), was an early 19th-century U.S. politician from New York. And the 11th & 14th Speaker of the United States House of Representatives.

He was born in 1784 in that part of the Town of Ballston, then in Albany County, New York, which was, upon the creation of Saratoga County in 1791, split off to form the Town of Charlton. He received his first education at home.

Taylor graduated from Union College in 1803 as valedictorian of his class. Then he studied law, was admitted to the bar in 1807, and practiced in Ballston Spa, New York. In 1806, he married Jane Hodge (d. 1838), of Albany, New York, and they had eight children. He was a member from Saratoga County of the New York State Assembly in 1812 and 1812-13.

Taylor served in the United States House of Representatives for 20 years, from 1813 to 1833, and served twice as Speaker of the House. He also was a representative of New York in the Missouri Compromise, where he took a stance against the extension of slavery along with people such as John Quincy Adams.

After leaving Congress, Taylor resumed his law practice in Ballston Spa, and was a member of the New York State Senate (4th D.) in 1841 and 1842. He resigned his seat on August 19, 1842, after suffering a paralytic stroke. In 1843, he moved to Cleveland, Ohio, to live with his eldest daughter and her husband William D. Beattie, and died there 11 years later. He was buried in the Ballston Spa Village Cemetery.

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