Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-01-22
CON G. RES ,
[DEFERRED.]
TUESDAY,, JANUARY 9, 1919.
SENATE.

lie moved to refer the memorial to the judiciary
committee, with instruction to inquire and report
whether Congress has the constitutional power to APP
proprate money for the colonization Of free people Of
color ana if So whether such appropriation would be
eXpedicnt and proper.
lie was proceeding TO make explanatory re-
marks when Mr.. Hale called him to order, on the
ground that he had 3een yesterday decided to be
of order under similar circumstances.
The ice President explained that the question yes
teriay raised that Of reception, which the Senator
from Alabama had moved to lay the table.
Mr.. Underwood proceeded to state that Congress
had appropriated large sums Of money for the removal
OF the Indians and for the removal Of the recaptured
Africans the shores of Africa and if these consti-
tute preceents to warrant such appropriation as
is here called for then he hoped Congress would take
the subject into consideration
Mr. Hale raised the question perception and to lay
the motion the table upon which Ae asked the yeas
and nays.
Some conversation cnsued, as to whether the petit
ton had not already been received, when the prcsd
in officer decided the point in the negative.
The yeas and nays then being taken on Mr. llale's
motion it was decided in the neratve--l0 to 35.
Mr.. Hale then Withdrew his objection the rccep
ton and at the suggestion of Mr. Dayton the further
consideration ot the subject was postponed tor the
present.
MI Bradbury ircscnteda petition fora contract
with the government to transport the mails &c,
the lshnus of Iehuantepec, which referred
the military committee and was ordered to be prln
ted.
Mr. Pearce presented q Joint resolution to authorize
the appointment ny the President persons to exam
Inc Of California and Oregon, for the purE
of ascertaning the proper stations Tor lighthouses
Publications, Sc. Read twice and referred.
Nh Underwood moved reconsideration Of the
yo.cby which the question Of reception the petition
yesterday bv Mr. Hale was laid on the table in order
he said give that Senator the same rights accorded
to others. Lies over
Mr. YuIee introduced lii to amend the act regu-
latng the appellate jurisdiction Of the Supreme Court.
Read twice and referred.
Mr. A,herton from the Finance Committee,
reported the deficiency appropriation bill Of the
House, with amendments, which were ordered to be
printed
Mr. Berrien from the judiciary Committee, to which
referred the bill, introduced time since by
Mr.. Douglass, for the admission OF California and New
Mexico as State into the Union, made long and
able report thereon, concluding with the following
solutions
Resolved That it is inexpedient to pass the bill
titled bill for the admission Of California into the u
Mon State.
\ majority Of the committee recommend the adop
ton of the following resolution
Resolved, That it is proper to organize territorial.
governments for that portion Of the territory OF Cali
tOrnia which lies West Of the Sierra Navada, Cali
tornia Mountains and for the territory Of New Mexi-
lying West of the Western boundary Of the State of
Texas.
Mr. Mason referred to the Importance of the report
and the Importance also of having the report spread
before the country as extensively possible. lie,
therefore, moved the printing OF ten thousand extra
copies.
Mr. Douglass did not know that he should make
any objections the printing of the extra number, but
he wished that his views in opposition to the re-
port should go to the public with it. As he under
he thari 20 IL hat
it is unprecedented to admit State before there
Is a previously organized government I'd, that the
provso in the bill is unconstitutional because
eregn State be divided without the consent of the
people thereof and 3D. that it leaves the settlement
Of the question Of the Texan boundary to the Supreme
Court.
The last he considered one ofthe best features of
the BILL because the Supreme Court,and not Congress
is the tribunal under the Constitution, for the settle
ment of that question. He desired to have decision
in consonance with the Constitution and laws and
then to do strict justice to Texas.
In regard the Provso, he had been willing to in
the words with the Of the people of the
State" though he not willing to yield the point
that Congress had not the power TO divide the State
lie ready to yield the point of the sovereignty of
the State, but the reservation OF power to subdlvde,
not deprving State ofany portion Of her
eighty.
In regard to the other point, that it unconsti-
stance, the precedents against the assumption.
1t was contemplated by the trainers of the
sttut0n fthe United States, that the State constu
tons should first be presented to Congress lie cited
cases-kentucky among the rest-to show that States
had been repeatedly admitted without first presenting
constitutions.
When admitted, Kentucky was a part Of Virgin
ia, without any organized government, or any con
stltutUn emitting her the character Of state Her
constitution has never been presented even 70 this
day
So in regard to the next States admitted, Vermont
and Tennessee, neither presented constitutions pre-
vious their admission into the Union. Neither fur
nished constitution for inspection in the first in
stance.
Ohio was the first State admitted which was re-
CURED to present III the first instance constitution,
and she SO required because her territory was
covered by the ordinance OF l7o7. She was requir
ed not that 1t might be whether that constltu-
ton conformed the constitution of the T. States but
whether 1t complied with the requirements of the or
dinance of l1S7
In regard to the State Of Maine the State of Massa-
chusetts passed law that maine is State Of the
Union, and neither did she present constitution pre-
vious to admission.
Mr.. Butler here remarked that no such principle
was cOntended form the report that it neces
sary TO present constitution. 1t was necessary,
however, that some of government should exist
and that application tor admission should be made by
the people themselves.
Mr.. Douglas was glad to hear that such principle
not to be contended for. it removed the only
possible obstacle to the admission of California
State this session About the details of the bill be
cared nothing.
There was government de tacto in California and
New Mexico though not good one, and there could,
therefore be no constitutional objection to such adj
mission lie consderd State government now
far more desirable than Territorial government and
he trusted they would not be permitted to remain