The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-25


tho Indispensable measure before us. THIS IS what
said did not Does not every senator about inc know
said that And that was The reason upon d w ,h "a.
voted the main upon which vo'ed' anu the ea
son stated in the Senate why did not make proposition
of my own, which think on the whole, was better
proposition than this have gone through TINS aialr
and shall come out of it, and there will be no smoke
upon nv garments LET this end as may have resisted
the introduction of this project | know that it belongs
70 senarate measure of legislation but it forced upon
us il is voted in by the vote OF the senator IRON South
Carolina, well as others. by small majority. We
with it from the beginning We get rid OF IT,
There is no vote by parliamentary usage by which we
can now strike out altogether We cannot do 1t II
is out of power We must act upon things as they
and those things exist in their present state by the
votes OF the two Houses according to the principles OF
parliamentary practice We have the aa po"eW We 20 eanno
strike out what have agreed to- and what the T.e
House has agreed to- Every yro must know ha' iheh'
Mr.. Butler (in,erposing.) Will the honorable gen.
Mr.. WEBSTER Yes, sr-twenty. -
Mr. BUTLER In the amendment offered by The SEN
ator from Massachusetts-
Mr. WEBSTER. never offered any.
Mr. BUTLER Did you not
Mr. WEBSTER. No, sir, did not
Mr. BUTLER. Did you not make proposition to
Mr. WEBSTER did not offer it at all.
Mr. BUTLER 1t certainly has been offered
Mr.. WEBSTER. No, sir, it has not
Mr.. BUTLER. II certainly has been adopted.
Mr.. WEBSTER. | do not know wha. may have been
adopted in the other house, have no authority there
Mr. President you know sir and other gentlemen know
that proposed TO lay proposition before the Senate
saying this sir, that if on the whole, the Senate should
10 the conclusion that the Senate would, on this
bill incorporate provision for California preferred
the proposition in that paper to any other which had been
laid before the Senate.
Mr.. BUTLER Gin his ssat) think that is fair.
Mr.. WEBSTER. Well, | think ii is. 1t is true and
truth is always fair afterwards said SIT, that should
oppose all amendments touching California, in this an
Ssi that S Sa MY dealing
the territories adhere to that now leave 1t to the
Senate this day, and this night, and leave it TO the
country, to say whether would have become me, who
have been here twenty years. to have broug for
ward such an amendment and to have pressed it upon
the Senate, on this bill And now, sir, a few words
and very few words, TO my friend from Georgia Mr..
BERRIEN] whom always listen to with the greatest
spect Now, sir, the question between him and me IS a
practical question There IS no theory IN It, There Is
no great difference in the fundamental principle II is a
practical question that rises here on the Sabbath morning
Of the 4th OF March and great question do not say
great in ITSELF because do not think great or very m
portant in itself but question which affects the govern
men in in which the government has not been
affected during the sixty years since the adoption of the
constitution, endangrag the bill providing the
of carrying on the wheels of government the ensuing
year. That is it, sir it cannot be concealed canno!
be avoided; it cannot be blinked. God willing, and
living, that is the question proposed leave every
gentleman 10 act with the independence with which
act myself clear my skirts hope. ! stay here and
vote against all adiournmcnts until the question is set
tied.
Let me say word to my honorable friend from
Georgia, who is patriotic senator. learned lawyer,
OF talented character, whom never lisieuedto with
out respect, either in the forum or the Senate What
does hs say He says, and says truly, that by the law
of nations the laws existing in this conquered territory
remain the laws until the conquerng nation shall change
them. Every jurst in the world knows that. Well
them what does this bill propose to do-,his PROPOSE
ton! 1t proposes-I do not say necessarily do mo-
say unimportantly-but do say not mischevously moi
wroagfully not njurously. proposes TO affirm what the
honorable gentleman from Georgia saysis awhe law OF
nations; that all viii the case stand any deren' Sir
il stands different in this respect only that so far as the
constitution of the United States can be extended
have consented to the substance of the proposition Of tho
senator from Wisconsin, Mr. WALKEk] SO far as TO lie
that proposition have what force it could 1t goes Il
this that the existing laws in the territory, under The
influence OF that constitution which this very measure
sends there. shall remain until we change ihan, The mos
and utmost make OF that according TO the arsu
rnen and true aranmen OF my honorable friend is, tina
unnecessarily affirm the law OF nations 1t enacis
state OF things law already existing There is no
harm in that What harm can all that do? Now MIR
President it comes to this practical question: at this houl
Of the morning on the 4ih OF March whether we shall
with this thing between the two houses, with the feel
ing known to exist send this bill back, to agree to an
amend ment which, by the genemans concession, does
not alter the at all That is the question: it does
yer, however good and eminent, show that il alters
the case al all My honorable friend says the laws OF
the territories remain until altered do not differ from
that; but say iat Statute affirming the existing laws
cannot be Observation-Disclosures he wrong it may De
necessary may be useless, but not harmful for thai
reason. Shall we now, under the circumstances in
which placed, send this law back to the House OF
Representatives! speak to grave men, sober Sir
10 y o to be
that it should be left to the supreme judicial tribunal
Why, Mr. President, do not all know have
got to act upon this subject legsatively? Do no
all know that we mAst pass laws for the government
of this territory five years before could act upon The
question 1t cannotb be Indicated until there is
OF process, some appeal or something or other to get
into the Supreme Court. Why object in such state Of
thngs tell you that from the first my opinion has been
and 49, that what we do IL temporary 1t is because we
have not time to perfect system of territorial egsla
ton; we have not time to form territorial government
This Is the short session at the end of it ant
propose by this bill that Mexican laws shall exist
How long The honorable senator from Georgia say.
they must exist forever unless repealed We only pro
pose that they shall exist until 1850 shortening he
duration the attention of Congress it
putting Congress into position in which they BY
any possibility omit to attend to it. We propose, there
fore, to fix beyond which those laws shall moi con
tnue. The honorable senator says that they will eys
forever. So they WILL unless we repeal them. Upor
the whole, have not differed with him upon opinion
upon the doctrines OF law but practical question:.
worth while to send this bill back to The House
under those circumstances, to accomplish nothing
term it nothing. Sir, will press the Senate longe
upon this.
Mr. FOOTE gained the floor, but gave way ts
Mr.. BERRlEN, who SAID On ordinary occasion
Mr. President would willingly submit TO criticism upon
the legal opinions which have expressed which have
been met by the senator from Massachusetts Sir, do
not merely recipocaie the kindly expressions which the
honorable senator has lavished upon me, but will say
mat ms established reputation as lawyer makes even
!he very argument which he has addressed to the
senate, an argument which must be replied to, sub
mited to- Sir the honorable senator ha repeated what
ne eupposes 10 have been INV statement of the law OF
haons and says that that particular agrees entirely