Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-25
IN SENATE,
U'cdaesday, February 90.
ASSUMPTION or STATE DEBTS.

IN SENATE,
U'edaesday, February %
ASSUMPTION OF STATE DEBTS
The resolutions introduced by Mr.. Walker on Mon
day last were taken up and read as follows
Rcsoiped, That the assumption of The debts Of the
States, contracted by them separately, and for lcca
purposes, would be palpcble violation OF the Constr
lion of the United States, consolidation Of all power
in the Federal Government, and final and total over
throw of the safety of the States
Resoiced That, Congress having power to assume
such debts, any act attempting such assumption woule
be utterly null and void that it would not be obliga
tory upon the States could the of the State:
be lawfully required by Congress to pay the debt
sunied; could any taxes imposed by them for such
purposes be collected and it would be the duty OF
succeeding Congress to restore the supremacy of the
Constitution, by the entire repeal Of the act OF assump
| tion.
| MIR. WALKER remarked that he did not intend 10
address the Senate the subject of the resolutions
He would not consume moment of its tme but if i,
met the views Of Senators both sides 10 permit d.
rect vote to be taken them, he would content him
self by simply asking for the yeas and nays on their
adoption
The yeas and nays were ordered
Mr.. WALKER reiterated the suggestion, that if the
Senate would consent 10 take direct vote the
solutions, he would wave all right to discuss them; but
If it the intention of any Senator, soon as he
(Mr. W. might take his seat, TO rise, with view 10
evade direct vote, and get clear OF them by side
VOTE move to lay the resolutions on the table, he
would persist in his right to go on and discuss them
then.
Mr.. MOREHEAD rose for the purpose of suggest
ing 10 The Senator from Mississippi, Mr.. Walker that
the Senate then very thin-too much SO to under.
take to decide great constitutional question 1t was
certainly desirable TO have full vote. He rose, then
not with any view of discussing the principles of the
resolutions but for the purpose of suggesting to the
Senator for The reasons urged above, 10 permit the
resolutions lie the table till to- morrow at which
time they could be taken up. In the mean time
they could be printed. He MR. M felt some solicit
tude to deliver his views on the resolutions, in very
\ brief terms. He not then prepared to do He
hoped therefore, the Senator would let the resolutions
| lie on the table till Tomorrow
MIR. BAYARD said he designed to amend
men 10 the resolutions, which the Senator from Mssis
sppi would probably accept modification Of his
He proposed to strike out all after the word "resoved
with the view to insert the following:
That the Congress Of the U. States has constitu.
tona power TO the debts contracted by any
or more Of the States, unless for end purpose
involving the common defence and general welfare oil
the U. S.
Resolred That il is inexpedent 10 assume the debts
| of the States which have been contracted for mere
State purposes.
Mr.. WALKER said he could not consent to accept
these resolutions substitute for his They declare
only that it is inc pedent to those debts; while
the object of his resolution was to assert the great prn
cipe that Congress had power to repeal the Consul
tution and that, II il undertook by law TO assume the
debts of the States such Of assumptions so tar as
had any effect ALL would be TO attempt TO repeal the
Constitutions; and, as SUCH would be useless and VOID
and could be carried into effect That was Inc
great principle which he wished to assert by his resou
TONS in order to put an end 10 the hope which might
be entertained in this country that Congress would
ever, or could ever, assume those debts And TO pu
an end the nsoent overtures which have been made
and the efforts which being made, by the
British stockholders, TO procure guaranty OF those
debts by the Federal Government, he wished to an
nounce TO Them that, if they accomplished any tempo
rary at session of Congress- 1t would be o.
effect AS 10 this question of general welfare, as Sc
forth in the substitute, it question about which
the Democratic and Federal party had been contending
ever since the organization Of the Government Under
the "general welfare" clause Of the Constitution, the
Federal party had always sought Justification fo
Whatever outrageous they wished to iost upor
the country. They will continue to do it,
II Mr.. BAYARD, after having stated his understand
ing of the difference between the old Federal and De
mocac parties about the clause of the Constitution
alluded to- said the words used, in the substitute he
proposed, were the very words Of the Constitution
and, unless the Senator from Mississippi intended 10
be more constitutional than the Constitution, he coulc
have no objection to the wording OF the resolution
This was simply resolution, declaring that Congress
had no right to assume the debts of the Staes excep
il be on the grounds on which the debts Of the Re-
yolution we're assumed-debis which were contracted
BY the States for the purposes of national defence
III MT. VALE Ell S1lU lie WOulu dnIee tudL lLe Ieso
lulions should be passed over informally if Senators
would agree that they should come up Tomorrow
one o'clock
The CHAIR remarked, that if they passed
over informally, they would up during The morn
ing hour, and could not come up at one o'clock
Mr. WALKER continued. lie deemed these reso
lutions of the utmost importance, for he believed u
large vote had in favor of them, it would terml
nate the controversy about the assumption OF those
debtsa controversy upon subject which was frangh
with more direfu consequences to the Government
than any subject ever acted upon by Congress. ne
believed, if the resolutions met the sanction OF hs
Senate, The conflict waged by the foreign bond holders
TO force assumption, would be abandoned. There
fore, he would say to Senators the other side, Qh'
Wing side) that if they would consent to let vote 81
taken the resolutions tomorrow, he would agree
10 let them be passed by informally.
Mr.. BARROW was understood 10 say, that thes,
resolutions could not be adopted without discussion
for the doctrines Of Notification embraced in then
J would have TO be discussed
: Mr.. WALKER would be glad if the Senator from
Louisiana MIR. Barrow would show whether the doc
rnes of these resolutions had any resemblance TO The
doctrines Of notification asserted by South Carroll
ma. he (Mr. w asserted that it was within the powe
OF Congress to repeal at any time, act which 1t be
eved TO be unconstitutional but be believed that TIT
doctrine Of notification, asserted in South Carolina
was, that single State could annul law of Congress
He wished that Senator TO point whether such
doctrine was asserted in these resolutions. No; NJ
such power asserted bit they merely asserted ii
effect, that subsequent Congress bad the power
repeal an unconstitutional act Ct preceding Congress
They assert. secondly that act to assume the Stat
ebls would be null and void, and could not be carrie
into effect and thirdly, that, If such act pas
sed would be the sacred duty Of Congress TO restor
! the Constitution by its repeal These were the primo
r Piles, and the only principles, in the resolutions.
again asserted that, if the Senate would agree to tax
vote them Tomorrow al IL o'clock, lie would cor
i sent to a postponement
! Mr. ARCHER made some remarks, with view I