Elizabeth-Town gazette., 1820-12-19

removed in the way proposed in the pre-
sent case. Tennessee, without waiting fol
law of Congress to authorize her, helf
convention, formed constitution, ant
sent ii on TO Congress. The objection wa'
made in the House Of Representatives, BY
Mr.. Smith, OF South Carolina, that ih,
constitution Of Tennessee was incompatible
with that Of the United States; to which
Mr.. Baldwin replied, that if there shoult
be things in the constitution oil Tennesset
not compatible with the constitution o
the United States, it was well know
that the constitution OF the Uuited States
would be paramount-they can therefore
be OF no etfect.n He quoted this to shew
that this suggestion of referring the ques.
ltion to another tribona! than this, was 90
ali expsdieat to get over this case. bu
one which had prevailed III the earlier
Idays oil the republic. The conflict be
tween the constitution of Tennessee, how
ever, and that OF the United States, was
much more uuequivocal than 10 the pre-.
sent case, and so far the present case is
more favorably presented to Congress
than was .!ssa.. the. sf Tennessee In the lat.
ter case, the legislature we're required to
provide some means by which the state oi
Tennessee should be sued in its courts,
with proviSo that this advantage should
be confined to citizens of that state, and
not extended to these OF other states. Here
was direct conflict with the constitution
Of the United States, whilst that OF Mis-
souri, is only constructive. Yet, in that
case, the question of constitutional law
was left to those who were most likely to
decide correctly, aud withaI competent
to enforce their decision--that is, the
Supreme Judicial Tribunal. He thonght
il perfectly compatible with the most nice
and rigid sense of duty for Congress TO do
The same in the case now before them.
Mr.. T.. said he knew an objection had
been taken TO leaving the judiciary to
sustain conflict with state, in regard
to the conformity Of its constitution to
that OF the United States. But, surely,
if iu regard TO all other states, it now has
that authority, there eau be no hardship
in leaving the same power with it, in re.
gard to the new states.
Mr.. L. said the views he had expressed
we're founded on the belief that Missouri
was now, to all intents and purposes,
state. But, he said, If he did not believe,
that, under the act of last session, Mis-
souri, is state already; if he thought she
was only state in fact and not state in
right, he should have the same opinion as
he had now expressed. She has her own
government. legislature, and judiciary,
and, exercises all the rights Of sovereign
state. In this case as in the other, ne
should think it iaexpedient TO pronounce
on the constitutional question; because,
should that clause be excepted from the
it could be reinstated 90 her
becoming state, without the power of
Congress to prevent it; and the question
must at last be decided by the Judiciary,
The only competent tribunal.
Mr.. L. here concluded his remarks,
reserving for future occasion the answers
TO objections which he might not have
anticipated.
On the 9Th and 9Th Dec. the House Of
representatives were engaged in debate 90
the Missouri question.
In Senate, Dec. 5.
Mr.. Wilson submitted the following
motion
Resolved, That the committee on Mill
tary Affairs be instructed to enquire into
the expedieRcy of allowing TO the officers
of the army specific sum monthly, in lieu
Of their present pay, rations and emolu-
ments.
Mr.. Noble offered the following for
consideration
ResolUed, That the committee on the
Public Lands be instructed to enquire
into the expediency Of establishing an ad.
ditionaI Land Office in the State OF Indi.
ana.
December. 6.
The Senate proceeded 10 consider the
resolutions which were offered yesterday
by Mr.. Wilson, and Mr.. Noble, respect.
lively, and they we're agreed to.
THE STATE OF MISSOURI.
Mr.. Barbour, Of Virginia, rose merely
to suggest, as there was no doubt the mind
of every gentleman was fully made up on
the subject, that the question should be
decided without consuming the time Of
the Senate in further debate.
Mr.. Eaton, of Tennessee, said before
the question was taken, he would ask leave
to offer the following proviso TO the reso.
luton:
Provided, That nothing herein CON
tanned shall be SO construed as to give the
assent of Congress TO any provision ii
the constitution Of Missouri, If any such
there be, which contravenes that clause
e., oox.ak.k..ts-~ - St.- VT..t.l Ct.t1r