Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-05

ure-he did not know certainly how it might be-that the
gentleman had been gazing rather too steadily on the clouds
when he penned this amendment de wanted TO get nd OF
this slavery question Mr. X. would help him. He would
take tina. should compel gentlemen TO make their
marks about it, But he wished the amendment to contain
only slavery, and leave involuntary seryitnde alone.
The question Mr.. Roors amendment to the amendment
being put, il was rejected.
The question recurring on Mr.. CoBB's amendment
Mr. COBB said he was quite serious in proposing it.
Mr.. SCHENCK proposed pro torma amendment He
said he did not want to make any argument even there
time in the five minutes allowed by the rule. But this
amendment came from the country of the Alabama plat
form-fro those who claimed that Congress had power
to legisate the Territories on the subject Of slavery
Mr. COBB said he would like to have five minutes to ex
plain the Alabama platform.
Mr.. SCHENCK said he could not yield the floor But
he not going speak two mnutes and then he would
yield the remainder of his five minutes TO the gentleman from
Alabama, if he wished to occupy the time
All that he (Mr. ScHEscK) intended to call attention
the inconsistency of those who had adopted this light
doctrine that Congress could not egsate on the subject OF
slavery for the Teoreswho claimed that the ordinance OF
1887 the Missouri compromise, and all other such legislation
since the beginning Of the Government was unconstu-
tiona
They prossed to hold this doctrine and yet would for
compromise law, amendment like this thereby
control the action Of the territorial legislature in
which they declare all the power exists.
Now he would not make any argument, he had said,
but he would state his views in the shape Of proposition,
o. thus
when congress esablsne6 legislature lot lerroy, ana
prohibits from legsating the subject Of slavery, that
prohibition by Congress is itself legislation the subject
Or the proposition might be varied in language, and stated
thus:
to which has delegated its power Of Legislation other SUBJ
jecs shall touch the given subject Of slavery Such
la,o itself is control of that subject.
If these propositions not sound and ue-good logic
and good sense-then he much mistaken. He would
like therefore, hear of the friends Of that of
promise try explain their inconsistency, try escape
from the force Of his objection He would give up the remain
der Of his time for such explanation to any gentleman who
thought he wrong Perhaps the honorable gentleman
from Alabama Mr CoBB) would take the opportunity
to explain that Alabama platform.
Mr.. COBB said all he had wanted the floor for to say
that he did not think it worth while to reply
The amendment Of Mr.. CoBB rejected.
Mr.. MILLER moved to amend by adding after the word
Claws the words " inconsistent with the constitution and
laws of the United States The first clause Of this section
(Mr. M. sadly gave the Territorial Legislature unlimited
power Of legislation without any regard to the legislation Of
Congress, past future yet there might be laws Of the
United States which in conflict with the Territorial laws
passed by such Legislature
Mr.. STANTON moved to amend the amendment by adj
ding, "or to pass laws on the subject Of slavery.
Mr. s. observed that the gentleman from Ohio had said
that for Congress pass law prohibiting the Territorial Lee
gislaures from prohibiting slavery itself legislatng
slavery The objection would apply to the amendment
just proposed For Congress say that Territorial Legisla
should pass laws inconsistent with the laws and
sution Of the United States itself unconstitutional
The amendment Of Mr.. MILLER was agreed to.
Mr. SMITH, Of Indiana moved extend the clause which
declared laws inconsistent with the constitution to be null and
void, by adding the words, "or laws inconsistent with this
act" Agreed to.
On motion of Mr. SMITH, Of Indiana, in the clause all
laws shall be equal and uniform, the word laws" was
stricken out and the word taxes inserted in its place.
Mr.. BOYDEN moved to strike out the whole proviso to
the sixth section of the bill THE provso prohibits the Lee
gslature from chartering banks, borrowing money &c
Mr. B. said he knew that Congress reserved to itself veto
NALL Inv fha
manifest that Legislature might do very improperly
Of the things here prohibited but there might be
where Of them would be very proper Would not be
better leave the Legislature untrammeed, seeing that all
its could be revised and corrected here There
need of declaring that they should not charter bank.
Mr. b. would consent TO any such prohibition He
denied the doctrine that State had constitutional power
to charter bank
A voice But this is Territory, not a State."l
He knew it Territory but it 10 become State
This law intended 10 lay the cornerstone of State
stuion. And this prohibition intended to countenance
all that modern humbug about States having to
charter bank to borrow money This he supposed,
State rights doctrine He against it. He for put
ting this infant State the right track while yet in
its pupage Buff Congress passed these prohibitions here
his word for il the thing would be incorporated in the
State constitution, and doubt IL intended What
put in for II TO aid the veto power they
afraid the State might do Congress did sometimes.
The amendment rejected.
Mr.. BRDSALL wanted to modify the 9th section by in
which he read. But il ruled out Of order.
Several verbal amendments moved and agreed TO.
Mr. M. HAMPTON moved to add the clause prohibiting
officers Of the United States Government from being members
Of the Territorial Legislature the words except postmas
ters." Agreed to.
Mr.. BoYDEN moved to add, after the clause, that
these restrictions shall not apply TO the first Legislative As
semby Mr. b. said thee appeared TO be great unwilling
trust the Territorial Legislative Assembly enjoy any
Office which they should themselves the emoument
ofwhich they should increase That the general doctrine
the subject But they wanted that Congress should
say that this prohibition should apply the first Lega-
that should assemble in the Territory Now il this
very first Legislature which would have the appointment Of
all the officers Of the Territory, and would also have the fixing
Of all their salaries and yet il proposed that these
might hold their Offices and enjoy their salaries But surely
il there any thing In the general principle ALL APP
piled with double force this first Legislature who made all
the Offices and all the salaries n any improper influence
to be apprehended would operate with tenfod force
this Legislature what il would on their SUCCESSORS
The amendment rejected
Mr.. MULLIN moved TO amend the clause which limited
the powers Of justices Of the peace exclude from their
jurisdiction in which The title TO lands came in question
Mr. VINT0N suggested the necessity of some provision
authorizing appeal from the territorial courts the Su
preme Court of the United Sates in all cases where the
constitution OF the United States an act Of Congress or
treaty of the United States should be brought in question
and after conversation, made motion to that effect
which wss agreed TO.
Mr.. YENABLE moved further provision in reference to
appeals which was agreed TO.
Certain verbal amendments the section were proposed by
Mr.. MULLIN Of which were agreed to- and others
rejected.