The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-13
CONGRESSIONAL.
DEFERRED DEBATE.
IN SENATE Thursday, March /. 1919.

On motion by Mr.. ATHERTON, the Senate, as IN
committee OF the whole, proceeded TO the consideration
OF the bill making appropriations for certain Notifications
OF the niled States for the year ending June 3Oh 1850
/ Mr. BORLAND moved TO amend the bill by adding a
PROVISION appoprang $4,000 tor the complexion OF tort
Gibson, in the Cherokee country. 49,
la submitting this amendment Mr. B. said | will
state SIR, that offer this amendment in accordance with
the recorume ndation of the Quarermaser General The
subject was brought TO my notice by memorial OF the
stature OF the State OF Arkansas which presented to
the Senate, and which referred to the Committee on
Military Affairs. BY direction OF the committee, ad-
dressed letter to The Quartermaster General who has
charge ofthese works western frontiers and IN a
letter reserved from hun learn iaat On appropriation Of
Fort Gibson, for the preservation oil the work already
completed and to put the unfinished work IN way Tor
the accommodation of the troops stationed there.
MIR. ATHERTON. The estimate for Notifications
comes from the engineer department
MIR. BORLAND. addressed letter to the chief OF
the corps OF engineers He sent the letter and the
rial of the legislature of Arkansas to the Quartermaster
General stating to him, in letter, that these works had
never been in charge of the engineer department. but had
been built under the direction OF the qnarternasters de-
partmen aud were still under the direction and control
! OF that department.
! The question being then taken upon the amendment, it
agreed to-
No further amendment being offered to the BILL it
the bill ordered to third reading, and subsequently
| read third time by It's title and passed.
ARMY APPROPRIATIONS.
| On motion BY Mr. ATHERrON. the Senate, in
committee OF the whole proceeded to the consideration OF
for the year ending June 80, 1850
| Mr. BALDWIN moved to amend the bill by aiding
the following amendment:
Ind be further enacted That the nhabtans of the
California and New Mexico respectively sh III
be entitled the benefits OF the writ Of hdteas in
all cases of unlawful detention or restraint OF trial by jury
all criminal! prosecutions, and Of judicial proceedings,
according the OF the common law, and the laws
and usages said ,errtodesj and person
belonging the amy navy OF the Uaed States shall be
liable To be tried by martial law
| Mr. BALDWIN An impression was entertained by
! lns yhant Inc was.
offered 10 the civil and diplomatic appropriation bill, that
the extension by the amendment already adopted of the
constitution OF the United States and the laws OF general
application 10 the Territories would carry with the right
TO the writ of habeds corpus But any senator who
will reflect upon the subject, bearing in mind the Ian
guage OF the constitution relation TO the writ OF hd
5eas corpus, WILL think, entertain doubt that does
not of ITSELF confer upon the courts OF the United States
the power to this writ for the devcrance OF citl
zen unlawluy detained, but requires for that purpose
legislation by Congress- The existing law, which coners
the district, circuit and Supreme courts of the United
States the right of sshng the writ OF habe1s corpus in
specified cases. has application 10 any courts existing
in these Territories
+ Mr., YULEE, One moment, sir. would inquire of
the Char whether the senator Is IN order
The VICE PRESIDENT Upon what ground
! MIR. YULEE. This understand to be a bill making
appropriations for the support of the army The senator
California and the people ihereowith reference TO the
government OF the people OF California can conceive
OF no two u aab le;, more remote than these
aives has special rule against amendments which are
ncongruous There such rule the Senate of the
! United States
| MIR YULEE. Then, Mr. President, if that question
be brought up now, beg leave call the attention
OF the Char % the fact that there is not quorum here
| Mr., FOOTE. II seems to me that this question must
come up upon this bill; and | think we had better
meet 1t at once and save time.
! Mr.. BALDWIN. A large number of our citizens, Mr.
President all know, have gone from every part of
country California Is it right FOR to leave those
citizens unprotected Is II right for us TO leave them
without the benefit OF that great writ OF deverance
and, fha tttn
declares shall not be suspended unless when OF
rebellion invasion, the public safety may require it
Sir have friends and kindred who dear to me- who
have gone seek their fortunes in that distant terory
and should feel that was faithess to my duty to my
fellow -citZens-faithless to the obligations which owe
to my neighbors and my friends if were to omit any
opportunity throw around them at least the feeble safe
guards afforded by the writ of habeas corpus, the right of
trial By jury, and the exemption provided by this amend
meni from liability 10 be tried BY military tribunal. All
the PROVISIONS Mr. President that contained in this
amendment, taken from the acts organizing the terri
toral governments OF Louisiana and Missouri. They
will be found be substantially incorporated into every
territorial bill that has been passed by Congress Why
them should the citizens of these distant territories
be entitled TO the same privileges that we have extended
to the inhabitants OF every other terrory know OF
reason sure, If honorable senators Will reflect that
these rights extended to them simply by extending
the constitution and the general laws OF the United States
to these territories, but that specc provision OF law is
necessary for that purpose, there will be objection
terposed 10 the adoption OF the amendment
SAID that 1t is improper IN the military Appropriation
bill 1t strikes me, MIR President, the contrary, that
it is peculiarly proper in such bill Sir, the present
government OF California essentially military govern
ment Your naval and your military forces are there
and while making appropriations for their support
it behooves take that the civil rights OF the
habitants are duly protected
| do not wish, sir to take up any time in discussing
this question; but sure, If gentlemen will reflect
upon this provision, they will that there is nothing
which any section of the country has right to complain
onothng but what should all be and anxious
to extend to those OF citizens in that distant region
! MIR. FOOTE. We are admonished by thousand
tokens. not less striking than gratifying that era In
the worlds history has been at length reached when
intellectual physical and spiritual, only to be
ticpaed but in OF actual realization How
ever Mr. President the philosophers OF different
have heretofore differed opinion touching the interest
ing question OF the absolute perfectiblty OF human
sttutIons, | have for some time past doubted but little
that the advance OF species IN knowledge In virtue,
aud in all that constitutes true earthly felicity, would,
TO come until The whole world should be irradiated
with the light OF truth, and all the children OF men be
heard to rejoice their de!verance from ignorance,
aud error, and moral degradation specially graft
fed at being able to declare, this OCCASION that my
hopes OF the general ameoratIon OF mankind, anu the
prospective umphs of truth have been both frightened
and invgoraed refreshed and confirmed, beyond meas
just listened from the honorable senator from Connecti-
cut A few days since, some OF us here urging
most zealously, and with all the efficiency which we
could command the claims OF brethren in California
10 governmental protection and domestic security the
hands of the national legislature The subject was pre-
scented to all Its aspects and bearings by various
tors and aectngly the suierngs of our brethren
in these regions depicted us by honorable sen
ators, and cogen the augmentation which took
place upon all the topics involved in the proposton OF