Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-08-08
coNGnEss--F,r.. Session
WEDNESDAY, AUGUST 3, l64S
SENATE


adopted, calling for certain maps OF surveys il
MEXICO.
The Presiding Officer laid before the Senate
message from The President, in reply to reso
luIiOn OF The Senate, with The proceedings OF tn
Court OF Inquiry in the case Of Gen. Pillow
The message and documents were ordered to b
printed, and on motion Of MIR. Reyerdy Johnson
2.uOo extra copies were also ordered.
The amendments Of the House 10 the bill di
rec1Ing, the settlement of The Cherokee claim
upon The principles OF the treaty OF 1876, wer
cuncurred in, and the bill stands passed.
House bill 10 change the place OF holding tn
United States Courts in Alabama, was passed
House bill 10 establish The territorial govern
ment OF Oregon was taken up, when
Mr.. Clayton called the attention Of The Senal,
to The peculiar circumstances under which III
bill comes from the House. The bill TO organ
iss the territorial government OF Oregon, Cali
turnia, and New Mexico, had passed the Senate
as was known, and had been sent 10 The House
and as yet they had no official information as Il
The manner of its disposal by that body. Public
rumor, however, said that il had been laid on lhs
table, without consideration, from whence it can
not be taken up except BY two-lhirds vote. |
sucn rule existed here, he would moi enforce
to prevent action, whatever might be his opinion
OF The provisions of this bill. He trusted i
would be treated with courtesy due 10 III,
house, by reference OF il to the appropriate
committee and that il would receive all prope
consideration.
tie had not delivered his sentiments on The bill
which passed this body, because he considered
The passage OF that bill OF more importance than
the making OF speech. de had therefore sal
in silence, in The midst of the attacks made upon
hand upon The committee. He would lake this
occasion 10 express his views, somewhat al
length, as 10 the true character Of bill, the pro.
visions Of which had been grossly misrepre-
sented.
The cry al the North had been lha, the North
had lost all by the bill-aud a similar cry had
been raised al the South, that the South had lost
all. If both The North and the Son!h had lost all,
who had got II? Ii this be true, it mus. be the
most extraordinary bill ever framed.
These were the extreme views Merchandising
doubt honestly at the North and the South.
The bill had also been denounced by some as
an "evasiye" bill, and by others as Toward
"" bill.
The evidence OF evasion"-by Sinking re.
ponsiblity-consisted in referring the decision
OF The constitutional question 10 The Supreme
Court.
The South had commended for years that they
have The constitutional right 10 90 10 the terrific
ries with their ,laves-whie the North have de-
nicG, and still deny that the South have any
such righl, AID require Congress 10 pass some
provision prohibiting its Introduction. This is
the constitutional question 10 be decided, and
which The Supreme CuaIl only can decide
And j, is he bounden duty of Congress 10
make the regulations necessary 10 enable the
court 10 exercise its appellate Jurisdiction. The
court mad the power, and no new power was
given ~ the bil-itsimply made the equations,
required under The constitution, for the exercise
.: the power.
IL does no, lie within the power of any man 10
say, that the power OF appeal was amply secured
by the bill.
The denunciaions u the bill, North and
Soulh-seneral abuse, without showing what is
The tault olhe bi!l-will no; vail and bic
men decide upon the injustice which has been
done 10 the committee.
He conceived his honorable friend from Ten
nessee (Mr. Belly was greatly mistaken, when he
said the Supreme Court was lhe weakest branch
OF the government. Il nigh. be "w:akesI" in
patronage tor il had none, but il was strongest 10
The confidence OF the people
When southern men and the southern press,
for three years past, have unanimously express
ed bu; one opinion on This subject, do north
efn gentlemen suppose the south would sub
nit 10 any prohibition by Congress7 Would
northern men submit, under similar circumstan-
ces3 Al they ask is, that the question should be
determined by The constitutional. tribunal.
The South had said 10 the North, "propose
some mode of compromise" but none was pro
posed. When, fortunately, the committee, con-
sistug OF Northern and Southern men, bit npon
the plan proposed-it was no COMPROMISE
the bill was not presented as such-but simply
provided Tor a settlement 10 the constitutional
manner-to provide for the carrying OF a ques-
ton OF constitutional law 10 the Supreme Courl,
had simply complied with their oaths as Sen
alo:s-and Tor this they had been denounced
from one end of the Union TO the olber
The question whether they had performed their
duty-wholher these denuncalions are just-was
one which will be discussed with surprise, fifty
years after their bodies have been laid beneath
the soil.
He denied that there had been anything "eva-
sive" or "cowardly" in the course oil The commit
tee--uness i, was denied that the trainers OF the
constitution had established any tribunal for The
final settlement OF questions OF constitutional law
This constitutional question, raised on the par
0 Soul bern gentlemen, is one which must go 10
The Supreme Court-lhere is no way oil avoiding
it-and there is no use in endeavoring TO prevent
The ne essary regulations Tor carrying the ques
ton mp. II is unjust toward the South not &c
pass The necessary regulations, 10 enable both the
North and The South to determine this question oil
constitutional right.
He proceeded-in justice 10 the committee, he
said-to reply to portions OF the remarks OF seve-
raj Senators who had opposed the bill.
he did not believe lha. this question could evel
be settled on any geographical line-il had beer
repeatedly tried, and had failed. Nor would they
De better prepared at another session-in beuel
temper hen-lo settle this question; they woult
find themselves much mistaken. The PROPOSE
ton OF the Missouri Compromise line had beer
voted down in The committee, aud would not re-
ceive the sanction Of either House
Though he Stood, like The man in The almanac
pierced with thousand arrows, he would nevr
cease 10 cxer, himself for just and constitution
al settlement OF this question. He Stood here no
as the advocate OF slavery. He owned no slaves
aud had no Northern or Southern prejudices.
The Supreme Court-lhe constitutional tibuna
is the diamond which sparkles through th
gloom that surrounds us-and he would neve
cease 10 hope that the difficulty would be saisfac
torily settled in the only manner in which it cou'
be adjusted.
Mr.. Downs, after a few remarks in reference
10 The manner in which The Senate Compromise
bill had been disposed OF in the House, gave no
lice that he should, when this bill came up NOV
10 amend by inserting TIA, portion Of the compro
mise bill which related to California and New
Mexico, so changed only as To nee, the circum
stances, and with an additional section embracing
the provisions OF The Missouri Compromise. III
laid The proposed amendments on the table, AM
asked that they might be printed.
The debate here the suggestion OF Mr.. King
was declared not TO be in order, and Mr.. Badger
TO enable him 10 reply 10 some OF The remarks o
Mr.. Clayton, moved the Indefinite postponemen
o. lhs bill. Heproceeded to explain The ground
OF MS opposition to the bill. He believed tn
Morn erred in opposition TO the bill, and that tn
decision Of The Supreme Court would have beer
III ''e'r favor. He denied that the South hal
shy constitutional RICH, 10 carry their slaves Il
these territories without legislation.
Mr.. Clayton said the time would never com,
when such legislation would be expected from
Congress. He had not considered the bill per
ieci gu. lei hose who had arraigned the motives
o. The Commitce,-and the Senator from Nortt
Casoliua was not one Of ,hose-propose bette
plan, and he was rendy IN oivc il hi. cordial an,