Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-30

recognises where does not exist not only involves ega
absurdy, but actual impossbity 1t might with equa
Proprey apprehend be mansned that because the con-
snton recognises the elective franchise established by the
States respectively in the choice Of members Of the House
Representatives because recognises the existence of e
satues IN the States the choice OF Senators OF the United
States that therefore osabshes the elective franchise and the
State legislatures in the several States where they exist
know, by virtue Of their laws and constitutions
Of which framed and ed prior to the formation Of
the Federal constitutions also the case with the inst
tuition OF slavery IN most OF the States OF the Union IN which
| ii has existed
There is but other objection this bill which shall
tcs in this brief and hasty review, and then shall dismiss
the subject altogether II objected, both by Northern and
Southern gentlemen that the bill does not PurPort to settle
the matter ID controversy but refers and leaves the Issue
the Courts Of the United States and my honorable friend from
Tennessee (Mr. CRozIER) has iaceousy pronounced the
authors OF guilty Of barraty for providing TIE by
OF stirring up lawsuits and affects great Indignation at the
proposed deTecton OF duty part in making such dis
position OF the only question in controversy in regard TO the
Well now, sir if any practicable plan had evenbee
suggested much less proposed by him any other gentle
man, by which this unhappy question could be denHely
settled adjusted by of Congress- there might be
ground think, for preenins such complaint bur have
heard only other named and that believe 10 be utterly
mpraccabe and out of the question: least for the present
mean BY extending the principle Of the ordinance Of 1887
the Territories of California and New Mexico by Of
Congress do not believe that that be got
though both branches of Congress applicable to these
Territories. But granting that il possible and that IL may
hereafter be done DO not gentlemen perceive tt even mat
law when all that possibly be done by Congress has been
performed in the case still leaves the constitutional question
unsettled which this whole adjustment depends and that
must ultimately rely upon the decision of the Supreme
Court OF the United States for the final settlement of it,
the ordinance Of 1857 this day extended these Ter
roiies would still leave this question unsettled for South
lawyers and Southern statesmen deny that Congress has
any constitutional power establish such exclusion, and
several of the Southern States have soemn resolved 10 that
effect, through their respective Legislatures and have une
quivocay informed that they will consider themselves
bound by the restriction We may suppose, them that their
citizens would go there with their slaves in spite Of the ord
nance, and, if they should it manifest that the law itself
would not keep them and their slaves from entering the for
hidden fold The prohibition would stand your
books but it would exert power restrain their admission
until the courts called upon the instance Of the slave
TO enforce it, and to declare whether the of Congress
tending the odirance the Territory constitutional
void that in either event. and under both laws should
have in the end depend upon the odary for the final de-
cso OF the question And the of this Is evident
is because the point dispute is after ALL apurey legal point
and necessarily resolves itself into Judicial question: to be de-
cded and determined by the only competent tribunal pass
in the last upon the question: the Supreme Court OF the
United States. As civil and municipal regulation applying
to personal and domestic relation recognised by several of
the States Of the Unop cannot put into practical oe
ration long lis constitutional validity is contested, with
out giving rise later in these Territories to its u
dical investigation and determination.
shall now proceed, Mr. Chairman, to the consideration
of another and distinct subjec growing cut of the
acquisition Of these Mexican Provinces suggested by the
President in his message accompanying the treaty In the
first place, however must be permitted to express
prise that the honorable gentleman from Georgia M CoBa
should have raised the objection that the bill before the
committee general appropriation BILL Sir, that gen.
emsp be unconscious that Of the first passed
by Congress after the adoption of the constitution in 1889
act for the establishment and support Of 'a light
houses, beacon buoys and public piers erected placed
sunk before the passing OF that act at the Of
within any bay, inlet harbor, port OF the United States
for rendering the navigation thereof easy and safe aud in
which pro:ded that ell The expenses which should
crue from and after the fifteenth Of August in that year. in
the necessary support maintenance and repairs Of these
tabshnent boud be Jefay out of the Treasury of the
United States" These establishments had previously be-
longed to the several States within whose respective limits
they lay and the act which have cited not only in
yted the ceson of them the United Saes but also pledg
ed the faith OF the General Government that condition
that they coded the several States these expenses
should forever after be betrayed Of the Treasury o the
United States The States complied with The invitation
these establishments in the Of few years, all
transferred by good and valid titles the Federal Govern
ment and from that time forth they became general charge
upon the Treasury aud Congress- rne 10 It's pghied faith
aud the burden which had assumed continued for period
If forty years to make regular appropriations for
these purposes, that scarcely Congress esped-none
believe, with the exception OF interval Of few years
Immediately preceding and succeeding the last with Great
Bntan-that appropriations Of this kind made It
the practice well the duty Of the Government in
those early and unsophcsted times TO make regular appr
prations for such objects and well settled and received
apprehend in those purer and better days of the repubc
would have thought If asking il lighthouse river and
habo bill to be considered and cassed among the regu-
lar and general appropriation bills But lights seems
have burs, upon with men in these latter and wiser
days. The who framed the constitution and many of
whom met in the first Congress which assembled under in
1889, did understand il il would appear az well in this
respect who occaonay called upon admins
the Government in this enlightened and progressive age
Mr. Polk and bis immediate predecessor Mr. Tyler were
the first set example Of yetoing river and harbor
BILL and, although have fell sufficient interest in the
views Of the latter take the trouble to ascertain the reasons
which he renders for his veto Of such BILL am confident
that they cannot be extraordinary than those which Mr.
Polk has assigned for his refusal sanction the bill of the
last session. and which very deliberately detailed in The
message which be transmitted TO upon the subject at an
early period Of the present session Of Congress In that
the President expressly and unequyocay denies the
power Congress appropriate dollar out Of the Treasury
Of the United States for the improvement If rivers and har
bo aud takes the ground that the only constitutional method
IN which hcsc Improvements be made il by authorizing
the States impose tonnage duties within their own im;s
whenever the proposed improvement possesses sufficient merit
to entte TO The and sanction Of Congress- By the
plan which he proposes, all these great and necessary i'm
povemen for the safety and security OF navigation and the
benefit and encoursg Of commerce. hereafter TO he
made and conducted by the States themselves without any
aid from he Treasury Of the United Stltcs by patty sys
tenn OF tonnage duties levied upon the cssoes but upon
the bottoms Of vessels by their respective Legislatures
within their limits with the Of Congress We'll
now SIR without stopping 10 show how utterly impoten, and
insufficient This plan would be attain the objects proposed
to be accomplished by IL except, perhaps in Few or tie
larger and more fegnsnteJ ports Ct the United States
air rig l. Al r.