Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-22


minds Of those who should be called to pass on their
| sttutionality.
If amendment was proposed by any other gentleman
The bill Mr. L. would provlso to be added, which he
would send the Secretays table TO be read II was then
read as follows
Provided Ao7ve1, That far relates to Florida, this
act shall take effect until after convention of delegates
elected by the qualified OF Florida shall have altered
the Constitution adopted by the convention Of delegates
llh January 1885, TO strike from article 10th said Con-
stution the first and third sections in the following words,
namely See The General Assembly shall have power
pass laws for the emancipation Of slaves Sec 3d. The
General Assembly shall have laws
this State or being discharged from any
sci of the ports Of Florida And nothing contained In
the in substance principles shall be inserted in place
thereof other parts of said Constitution As SON
the alterations herein required shall have been made proof
thereof laid before the President Of the United States he shall
announce the by proclamation and hereupon, and with
OF said State Of Florida into the Union of the United
States OF America shall be considered as complete"
Mr. E. continued his remarks considerable length illus
rang and enforcing the views which he had taken,
ported in the preceding report saying that his duties
of the Committee Finance would allow him totake
further part in the debate if they would permit him be
present to give his vote on the final question
Mr. FAIRFIELD said he did rise to discuss the ores
ton but his colleague M EvAss had called his aten-
ton to resolution which very unexpected by him. he
had quite forgotten it, prohibiting them from voting admit
State having such provisions in its Constitution should
sanction laws excluding free coored citizens of the Norhom
-
press the opinion he entertained this matter He agreed
entirely with his colleague in the he had expressed Of
those Southern laws. He considered them highly oec-
tonabe and infringing the constitutional rights Of the
free colored citizens Of the North He believed these laws to
be unconstitutional and, the enactment of any such law
were now proposed, he should resist it lew should be
brought forward securing such Northern citizens their rights
he should undoubtedly for it, But such question pre-
sented itself here He agreed with the Senator from Ohio
Mr ALIEN that this question with which the Senate
had nothing to do The only inquiry for them whether
the State submitted republican Constitution; they had
right to go behind that question They hal right to judge
whether the State Constitution monarca other than
republican in its character and if not he felt himself bound
to go for the admission of the State The resolution of the
Legislature of Maine did not require him go against the
admission OF Fonda because by admitting her they gave no
sanction TO what her Constitution might contain.
Besides what good would it do What could they effect
by it Suppose the clause stricken out, could not Flon
da at once pass the thing by law The question Of
consttuonay could be decided only by going before the
Supreme Court If laws unconstitutional they were
void and nugatoy, and the would them
Were otherwise Congress would be empowered to make
Constitution for State by its action could affect the Con-
sttuon of the United States. Congress could alter
affect the Constitution of Florida its provisions either
in conformity to the Constitution in opposition to it indie
pendenty of what Congress might do. If they
sttutona they would remain, whether received her
not Where, then, the difficulty If should be
appehended under of these obnoxious laws all he had
do to writ of ha6eas corpus and bring the
question before the courts
As the resolutions of the Legislature of Mane his col
league mistaken in supposng that they bad been adopted
while Mr. f. occupied the chair Of the State They directed
their Senators protest against these laws unconstitutional
and Mr. +. did protest against them accordingly laugh
He obeycd the resolutions by soemny protesting against all
such laws He said they wrong and he would per-
suade the Southern States if he could to repeal them all
but he greatly feared that be should succeed He
nsed however, the authority Of instructions and his duty
obey hem and he did obey hem and did believe that he
should conravene them in anywe by admitting Florida into
the Union.
The question being about be taken the amendment
proposed by Mr. EvaSs-
Mr. CROATE rose to express his hope that the the
amendment would not be taken till after the usual
The Senate then took till o'clock.
EVENING SESSION
Mr. CHOATE observed that the principal object he had in
moving for the allow bis honorable col
league Mr BATEs opportunity of being present and Civ
ing his vote this occasion but he regretted learn that
his illness would prevent that object He had other
purpose which need dean the Senate than five
minutes Mr. G. G too strongly the force Of that by
which they all borne slong attempt to delay the SEN
ate by any extended argument this BILL He desired how
ever say few words upon IL, but not such would pro-
woke discussion.
He could have wished that the applications fsI adms
sion, which united in this BILL had been presented
Senate separately. He thought would have been faire
movement solicit and obtain judgment of the Senate
great questions The mogenent which the Senate
celebrating distinguished by novel circumstances
For the first time the history of our Government two new
nj
Unon and the admission of both had been inserted In
and the bill Mr. G. desired have this fact marked
and remembered such had occurred before
The applications of Maine and Missouri had been contempt
yet those two States had been admitted by two sepa
bills passed upon different days. Though of the
SION Maine had been admitted the third Of March, and
Missouri till the sixth The effect of the present
that great injustice done to those who in
favor of the admission Of the State and opposed to the adj
mission of the other nasnuah they obliged
the other side for State they desired not to receive
to vote against State to which they would gladly open
their arms Mr. G. ready go heart and hand for the
admission of Iowa. but he could consc ntouy vote
der existing circumstances for the reception of Florida BY
putting both into the BILL gentlemen would compel the
State Of Massachusetts to appear the record as voting TO
keep Iowa Of the Unon and he feared greatly lest in
excited debate these yeas and might be ked
the purpose Of showing that Massachusetts, resisted the intro
ducion of every State into the Union The practical
result would operate very unjusty towards her. Again.
unfair mode of proceeding, because in this way two
might be embraced in bill, neither of which or
only Of which, if standing alone, could command ma
oy of its To go back again, for illustration
the case Of Texas The Senate had there laid itself open
the mputaon that Texas had been into the Union
by the action of the President and minority OF Congress
had been proved the and that the joint resolution
for her reception could not get majority OF the Senate IN Its
favor if could why had it not been passed as stood
The against showed that it deemed TO be either un
constitutional nexpcdent and how them had its passage
been finally accomplished Only through the addition OF
provso which declared that the President might be pleased
admit her in another mode. BY putting the resolution and
the provso together majority was Obtained which could not
have been for either the the other separately TAKEN
And how the principle might further operate Sup
pose the President should send messenger and admit Texas
what would the world be called upon TO witness The adj
mission Of Texas by the President and minority OF the Sem
instead Of the assent Of twohds Of the States our
Revolutionary fathers intended So in the present case by
l.p H.. IL Have