The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-05
THIRTlETH CONGRESS-.
FIRST SESSION.
Senate .

Senate.
WAsHINGroN August 8, 1S4S.
OREGON BILL PROM THE HOUSE.
The House bill providing territorial government
for Oregon, taken up and road by its title with
Mr. CLAYTON rose to eone remarks upon a kindred
of the Senate, Of the fate of which In the
desired however that this bill should receive the most
respectful consideration. Rumor has it that the
even having printed laid it upon the table and by
o second vote secured it there beyond the power Of
reconsideration. If had such rule, here, sir
case like this. hope the House bill will be referred,
carefully and calmly considered and discussed, il
the committee and in the Senate. After the long
nights discussion of the bill of the Senate in this body
forebore to extend the debate further in the usual
closing remarks in support OF the committee. l
on my part 60 ut once upon its passage An opper-
tunty offers sir fer few words in defence of the
committee and the bill rejected by the House. Mr..
Clayton then undertook to show how grossly that bill
had been misreI resented it impossible for the
ssntemen had So low as to declare that the
committee had acted in a cowardly spirit, and that
they had lodged the responsibility which was upon
them. There was no shirking sir, and no lodging.
He would undertake to prove the justice and the actual
necessity of the measure grossly misunderstood
He read from the Constitution, declaring the appellate
jurisdiction Of the court The court then, had the
power to decide the question-is was vested in the
court Can Congress make an exception in this case
II negro goes into California md claims his freedom
does not the case, without provision Of law fall upon
the Supreme Court? If it does not, is it not the
AA0ScoSoAy
regulations in order that the court may exercise
its appellate jurisdiction. The writ of the
appeal was empty secured to either party, and defy
any gentleman to prove to the contrary. Sir, as I
said before, the measure has received unmerited
out specific proof do not satisfy the judgment. He
commended that the people of the country, knowing
that the court could have motive but to do justice
between the two opposing sections of the Union would
have more confidence in a single decision its part,
than in twenty decisions of Congress. Justice is
the question at issue between the two sections. and
that cannot be settled but by tribunal CT justce-t
cannot be settled by act of Congress. have no.
acted here but in a spirit of concession have en-
deavored to throw oil upon the waters but must say
that in the committee and out Of the committee the
gentlemen Of the South have done all they could to
compromise this question All their Offers Of compro-
mise were rejected and when they appealed in commit
tee to gentlemen Of the North, to offer something
offer. In this exigency the committee hit upon the
plan of the bill which they had the honor to report to
the Senate He eulogzed the Supreme Court the
only appropriate and satisfactory tribunal for the set
Element Of this question. There are gentlemen who
gress-the plan Of the Wilmot proviso for instance
But even after such settlement the question must
eventually come before the Supreme Court, with
its appellate Jurisdiction for final adjudication.
Ny deliberate opinion is, that had there been
no previous excitement this question, and
that had thif bill been introduced by Northern
or Southern man, it would have united the North
and South in its suPport-the North, because it would
would present to him the only conclusive appeal
for the settlement Of his claim to certai property
He called the attic ntion Of Mr. Dix and Of Mr. Niles to
their votes for the annexation of Texas not
sstent at all with their formed zeal in opposition
to the bill Of the select committee Why, sir,
"A change comes Ger the spirit of their dreams"
He believed for himself that the only ark of safety
upon this question was in the Supreme Court it
can be settled upon any geographical line The Sena
no hope Of the settlement of this question
here, after the rejection Of the bill of the select
t Tee, Ihe proposition OF the Missouri Line proyd
and all south of left to the discretion of the people
thereof in regard to slavery, opposed by every
cession whatever to the South. This was the pro-
position Of tho Senator from Indiana, (Mr. Brightly
promise of 1920, distinctly declaring that the terrific
ry north Of the line shall be Free that south of
tf the serGry This
from the North in the committee. And thus failed
our efforts at geographical line. In conclusion, Mr..
Clayton considered that there no other tribunal
for the settlement Of this vcxed question He moved
the reference Of the bill to the Committee Terri
tories.
MISSOURI coMpRoMrsE
Mr. Downs, for information, stated an amendment
which he should offer when the bill should come up to
wit the extension Of the Missouri compromise line
The achc and the formation Of all the territory north
OF the line into one territory, and south Of the line
either House had been obtained this compromise.
There are sir, great difficulties the way The South
this compromise fairly tested and at the proper time
shall introduce it as an amendment to the bill
Mr.. BADoER.-Mr President, shall only
Mr.. DowNs.-Only one word sir This COMPROMISE |
docs not come from me q Southern man I offer II
on my own responsibility But / desire, sir, to
have distinct and definite vote of the Sc nate upon
it. to where are before 20 home Let US not
leave the question utterly In the dark.
ORDER.
Mr. kise.-There is no question before the commit
tee. The debate In out Of order.
MIR. BADGER was proceeding to speak
MI. BuTLEp.-I hope the rules will be observed
Mr.. FooTE.-After the hearing Of the senator from
Delaware, hope the senator from North Carolina will
be heard. hope the Senate will make no abridgment
Of the freedom Of debate.
Mr.. BuTLER.-I hope we shall observe the rules.
MIR. YuLEE.--I move that the senator from n. c.
have permission to proceed.
Mr. BApeER.-No sir; ! don't ask permission. |
have motion to make myself
ASrrAToR-What Is IL?
MIR BApcgn-I move that the bill from the House
be indefinitely postponed and having thus provided
hook upon which TO hang speech, Mr.. Badger pro
to give his views upon the general subject thus
brought agsi before the Senate The Senator
from Delaware had not been speaking upon the bill
before but upon the bill which has passed this body,
and which has been rejected by the House. That bill
sir, was not compromise IL did not compromise
anything II did not concede anything by either par
~ IL Just gave them the right to go TO law upon the
subject In dispute, each party adherng to It's claims
to the uttermost. The Senator from Louisiana pro-
poses the compromise line Had that been offered by
the committee, should have voted for IL. But the
bill which tho committee brought US, surrendered