The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-19
THE UNION.


referring bills OF that description 10 the Committee on the
Judiciary. few months after the rule established
reference 10 Iowa and Florida brought into the
Senate; the rule being adopted, think, IN December
S84 and this occurring IN 1915 Last year the House
passed bill for the admission of Wisconsin into the
Union, and sent it 10 this body moved It's reference
to the Committee on Territories the objection was
then made that is made but the Senate decided the
appropriate reference OF that bill TO be to the Committee
Territories examined the journal on Saturday with the
assistance OF the secretaries and find referred TO
the Committee Territories and that they referred il
back TO the Senate, and IL passed into law. Ii seems
therefore, that the practice 10 which the senator referred
existed under the old rule IN consequence OF there being
40 Territorial Committee, and that the last precedent in
the Senate favor of this reference. merely
state those facts without any feeling upon the subject
being satisfied with whatever disposition OF the motion
the Senate may deem proper to make.
Mr. BERRlEN. Will the senator allow me to correct
him in point of fact have before the journal 1t
reads as follows 1.-The bill of the House of Representa-
ves No 6is, for the admission of the State of Wscon
sin into the Unlon read the first and second time by
unanimous consent Ordered, That il be referred to the
Committee the Judiciary" That was in lsi7.
MI DOUGLAS Yes, sir, admit that; but the bill to
which refer, is the bill of lsIS-lhe bill of the last
ter And if the assistant clerk will bring the record
he showed Friday last it will be found that at the
last session. in 1885, the bill for the admission OF Wscon-
SIN was referred To the Committee Territories, al
ter the objection was made and considered, which is now
made.
Mr.. JOHNSON of Georgia If | recoect distinctly,
the point made that that question upon the
organization of a territorial government Then, the Sen
ate did determine that the bill should be referred to the
Committee on Territories, But this is bill, under.
stand IT, for the admission OF State into the Union and
therefore presents the question in different point of
vew because other questions will arise for the eyani
nation OF the committee, different from those which
would ARISE IN the organization OF territorial govern
ment-quesions OF judicial character; and conceive
1t would be exceedingly proper that the bill should
be referred TO the Committee the Judiciary, ac-
cordng to the precedent referred TO by my colleague,
think that the decision to which the senator from
Illinois refers, was, that the committee have hereto
fore agreed to refer questions for the organization OF
Territorial governments to the Territorial Committee.
But where State IS proposed to be admitted into the
Union, then the custom to have been TO refer the
bill TO the Judiciary Committees and consider, sir, that
seXceedngly proper that 1t should be referred to the
Judiciary Committees that 1t proper, from the nature OF
the peculiar questions which would arise before the
mittee, to The extent of the powers which should be
conferred II seems to me- Fir, that IL very appropriate,
and that the decision TO which the senator refers ought
not to control in this question because II is different
in respects from that which presented when the
question arises for referring bill for Territorial gov
eminent am decidedly in favor therefore, of referring
the bill to II, the Committee on the Judiciary.
Mr.. BUTLER. A word in reference to the remarks of
the chairman OF the Territorial committee | was not in
my place at the time when Wisconsin admitted as
State nor when the bill was passed organizing the gov
eminent of Minnesota. If had been, should have had
something to say upon the subject So far relates to
the admission OF territory the senator from Illinois IN
sisted that there were precedents for taking off part OF
Wisconsin Territory and adding il to that part OF
ritoy now known Minnesota. protested against it,
because thought then that it violation of the ordi-
OF 1884, because It's effect to make six States,
instead OF the FIVE stipulated by that ordinance SO far
regards the precedent referred TO by the senator
from Illinois, the question then was how much OF
the Territory of Wisconsin could be taken off and
annexed to Minnesota. AS | not present at the
tme | cannot say how it happened that this bill
referred to the Committee on Territories, unless
il was connected with the other bill organizing the
Territorial government of Minnesota There may have
been of that kind at that time but can
whatever for deviatlng at this time from the
uniform practice. know of no bill that presents SO
ha
tore the Senate WHICH proposes to give California certain
rights reseryng to Congress the right hereafter to erect
certain portion of the same territory into new States
taking away the powers which had been vested IN the
State originally Now, sir if this can be done, my opn
ion is rather against it. but cannot state at this time
what my decision would be upon the question. But if
there is such bill coming before The Senate to be
sldered by committee, upon the presumption that the
gentlemen on the Judiciary Committee have been Sc
ec,ed because of their legal attainments and skill it
seems 10 me that precedent usage, and reason all in
favor OF referring 1t 10 the Judiciary Committee.
Mr.. GULEE. | have been somewhat connected with
the history OF the formation of the Committee on Terrific
res in this body then of the delegates from
the Territory OF Florida and very well recollect that
the organization of the Territorial Committee in this
body was IN consequence o. memorial transmitted to the
body by the delegates of the several Territories, who
asked the institution OF such committee with direct
reference TO facilitating the BUSH OF the Territories
and by reference to the 9rla it will be that
object had simply this reference to the business of the
Territories. recoect also, sir, that after the organza
ton Of the Territorial Committee of this body, upon the
fSt liidt was Dtlllg
question arose as to the proper reference OF the bill
authorizing State government and after being discussed
by the Senate, upon vote by yeas and nays the Sen
ate decided that the Judiciary Committee the appro
pirate committee for the reference of such bill This
action had upon the bills for the organization of the
governments of iowa and Florida 1t will be SEEM by
referring the journal of the day. that the question
made and formally tested by the Senate by yeas and
nays, and il decided that the Judiciary Committee
the appropriate reference; and do not understand
that that formal decision of the Senate there has
been any occasion for departure from this principle al
though, the senator says ii may be that bills organic.
ing Territorial governments have gone TO that committee.
Mr.. DOUGLAS. Will the gentleman allow to cor
rect him did say that bills of this character mdV
have been referred to the Territorial Committee. Ny
assertion was, that the clerk showed the journal
where stated that such bill referred to the Terri
oral Committee, and the bill reported back from
that committee and passed this body. | not speak
ing of matters of opinion spoke of matters of record.
MIR. WESTCOTT Onerposng) said Ii my colleague
will allow me- will suggest that the bill of isl6'7, re-
speeding the admission OF Wisconsin State,
erred properly to the Judiciary Committee as, like this
bill, it arose. original question, the organization
and establishment of the federal judiciary of the State
That bill conditional, to have effect if the people rat
flied the constitution formed by their State enton.
The people rejected it, adopted constitution, and
asked Tor admission under it, In 1Sl7S, the only ques
ton involved was principally of limits and boundaries,
and therefore the bill properly referred to the Com
mittee Territories. This question expressly
decided by the Senate two years since, bill respect
ing Oregon Territory, and if not mistaken, by yeas
the senator from Illinois MIR BREEsE to send the bill to
the Judiciary Committee, which prevailed
Mr. DOUGLAS. The senator from Florida is in error
these bills respecting Wisconsin. The bill of ls47
IS provided for the organization and establishment of
the State federal Judiciary in Wisconsin; and the same