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

the question. But it amendment is offered, II
opens the subject Weare obliged TO begin de nooo
and discuss the whole question The first question was
whether the Senate would with the amendment
as enrety-not with any part OF it, or with the amend
men after something should be added to IT, but upon The
| amendment as IL is
! Mr. HUNTER | agree with the senator from lndi-
ana [Nlr BRIGHr,l that that the first motion; but
| has II not been superseded
Mr. WEBSTER. | think il has not. do not know
what motion can supersede the motion to concur That
is the first motion before the Senate agree entirely
with the suggestion OF the gentleman from Indiana, Mr.
BRIGHT and think II is time to take the vote oil the Sen
ate whether ii will concur whether II will not.
| Mr. BERRlEN Mr.. President, | understand the
Chair to have decided that the senator from Virginia
! Mr. MAsoN1 was not in order in his motion TO amend
| The PRESIDENT. That was the decision oil the
Mr. BERRIEN Iunderstandtlat an appeal has been
! taken from that decision.
| The PRESIDENT replied in the affirmative
MIR. BERRlEN Here, then, IS an appeal and me
sense of the Senate is to be taken upon the question
whether the from Virginia in order IN offer
ing the amendment which he has Submitted, That pre-.
sents the question whether upon the return OF this bill
from the House with amendment 10 the amendment
which we had made, by the substitution OF distinct pro,
vision by the House for that which the Senate had
adopted, under the necessity of adopting that
amendment in lis otality, or whether modify 1t.
Now, sir when this bill went from the Senate to the
House with amendment the House disagreed to the
amendment of the Senate, committee OF conference
was appointed They could not agree. The House be-
ing in possession OF the papers, upon the return OF their
committee TO the House. motion was made to recede
from their disagreement. Then the question before the
House upon the amendment OF the Senate. Were
they under the necessity that is imputed to OF
agreeing disagreeing with the amendment OF the Sen
ate in its toaity Was not that amendment subject to
modification by the House And they have, In the ever
else of their amended that amendment Can they,
them by such OF Legislation, impose upon us the
necessity OF Iecedng in its toalty the amendment which
they propose to us Sir If that be the course, II that
shall be the decision OF the Senate the only remaining
mode by which the Senate secure to themselves their
rights, TO disagree to the amendment which has been
| ppst 10 Oh
The conferees might perhaps meet the sense OF both
branches OF the Legislature.
But, in the time 1t has been proposed simply to
modify this amendment in such way to render It I'M
necessary Tor disagree TO H. and so as to AVOID the
delay OF second conference submit thus question to
the Senate If lAe decision of the Senate shall override
that of the Chair after dsposng of the amendment of
the senator from Virginia the question OF concurrence
viii be open and upon thai subject shall desire 10 be
heard.
Mr. WALKER ! presume that there is no senator
here who Will assert that an amendment OF an amend
ment to amendment is in order. Now sir, let rs look
at this question from plain point of view. bill pro-
vidng for the civil and diplomatic disbursements OF the
government comes from the House OF Representatives
That bill is amended by the Senate. There is one amend
ment We send it back to the House with the first
amendment. They amend that amendment, and send 4,
back here. Now il is proposed to amend that amend
ment to an amendMent-to make an amendment IN the
third degree Now ask which is the foundation from
which 10 start in counting the amendments made by
either house, .. say il is the bill itself. We proposed
amendment to the bill, and 1t is before with an
say in regard 10 this matter as look upon the rules Of
parliamentary proceeding, this cannot be further amend
ed But, sir, if it could be amended, should hope 1t
would not be done Here is proposition which has
come to us question OF order is TO be settled by the
Senate but whether that question OF order decided one
way the other, let stand to our decision II storm
is bursting upon let us show ourselves prepared to
MIR. WESTCOTT This is the third time Tia, the
effort has been made to read the rule from the lS9h page
of the Manual but have not been able to be heard
Will the Clerk please to read the rule
The rule accordingly read by the Clerk as follows
"a bill originating in house is passed by the other
their amendment with an amendment The other may
agree to their amendment with an amendment that being
only the second and not the third degree For as to the
amending house. the first amendment with which they
passed the bin is part of s text; the only text they
have agreed The amendment by the org-
Mating house, therefore, only in the first degree, and the
amendment that again by the amending house is only in
the second, witt amendment to an amendment, and
so admissible
Mr. HUNTER | rise merely to make apology to
the Chair for disputng his decision. doubt not that 1t
Mr. BADGER moved that the senator from Virginia be
permitted to withdraw his appeal which agreed to-
The question recurring on the amendment moved by
Mr. UNDERWOOD said, the first clause OF the amend
ment of the House is follows
That The President the United States be- and he hereby
authorized hold possession of and occupy the terrific
res OF California AM New Mexico coded by Mexico the
United States by the treaty OF Inc "a Gay ct ia 9e 20
the authority of the United States and preserve
order said territories, Oh
the army and navy OF the United States as he may deem
necessary
That is the first clause. The whole of il amounts to
this-tha the President may portions OF the army and
navy to hold possession OF the country. Now, who can
object to that No one; all agree there. The next
clause is:
s.That until the expiration of the session of Con
gre Congress shall provide for the govern
of said territories the existing laws thereof shall be
maintained and Observed and that the cvll ana judicial
authorities heretofore exercised said territories shall be
vested in and exercised by such person or persons as e
President of the United States shall appoint and direct to
end that the inhabitants of said territories may be pro
tected full md free enjoyment OF their liberty, prop
and religions ProUidcd peyerthee That martial law
shall be proclaimed declared IN said territories or
either OF hen any military court established or ins,-
uted except ordinary courts martial Tor tue ta oil persons
belonging the army and navy OF the United States
Now, SIR have already expressed my opinion that
the constitution OF the United States, so lar as the same
is applicable, goes there without any enactment ut all
think that proposition is clear anything can posi-
bly, be- But there gentlemen on this hoor who DIS
pue and doubt it, Them if that be debatabe question,
here is the which carries it there. II 1t goes with.
legislation, of course does not require this part OF
the act and it is unnecessary But if it does not go there
without legislation, then have got the very thing we
want here is the legislation which carries the conshtu
ton of the country there, so FAR as 1t is applicable
In the first section have two things; IN the first
place. right TO keep the country with our army and
navy and in the second place right to the admins-
ration of the constitution there. Some say we have
this right, and some say we have not. Butt VIII not
go into that part of the subject see no objection to
the first section But to the second, some are Tor
striking it ont -
sttFntl the 4th of July, 1850" Mark that. appre,
bend that might be objection to IT. lest the code OF
Mexican law or OF Spanish law should always prevail
as the civil code Now If have any objection to the
second section IL is not OF that sort u Ia only Tempo
ray II lasts only until the lh day D July 1850 unless
4 hall.