Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-01-12
TUESDAY, JAN 3, iS49.
SENATE.

about = Z. M, adjourned.
TUESDAY, JAN 9, iS49.
SENATE.
Among the memorials and petitions presented,
was orc BY Mr. Underwood, from Daniel ?. Bet
finger praying an appropriation by Congr IS 10
send free people OF color 10 Liberia, and also 10
coloniz, slaves who may be emanicpaed.
He moved 10 refer tn memorial 10 The Judicla-
~ committee with instructions 10 inquire and re.
port whether Congress has The constitutional
power to appropriate money Tor the colonization
OF free people OF color, and il so, whether sucn
appropriation would be expedient and proper
lie was proceeding 10 make some explanaio.
nv remarks, when Mr.. Hale called him 10 order,
on he ground that he had been yesterday decided
10 b. out Of order under similar circumstances
The Vice President explained that the question
vest, rday raised was that OF reception, which The
Senator from Alabama had moved 10 lay on the
table.
Mr.. Underwood proceeded to state lha, Con-
errs. has appropriated large sums VI money nr the
removal OF The Indians, and Tor the removal OF
the re-cap;ured Africans TO the shores OF Africa,
and il these constitute pIecedenls 10 warran; such
an appropia,ion as mere called for, then he hoped
Congress would take The subject in;o consdera-
non.
Mr.. Hale raised the question Of reception, and
10 law The mO'lUH WI INC idoioI upon NhiSh ~
asked the yeas and nays.
Some conversation ensusd, as 10 whether the
petilien had mol already been received, when the
presiding officer decided The point in The mega
tive.
The yeas and nays then b,ns taken on Mr..
Halls motion, il was decided in the negative
10 10 5.
Mr. Hale then withdrew his objection 10 the
reception, and al The suggestion Of Mr.. Dayton,
lie ur,hcr consideration Of The subject was pos
poned Tor the present.
Mr.. Bradbury presented petition for con-
tract with the government 10 transport the mails,
Sc. across the Islhmus OF Tehuan,epec, which
was referred 10 the military committee and order
ed 10 b. printed.
MIR. Pearce presented a joint resolution to
authorize the appointment by the President of
person. TO examine the coast OF California and
Oregon, for the purpose of ascertaining the
proper stations for lighthouses, fortihcatons,
SC. Read twice and referred
MIR. Underwood moved a reconsideration OF
the vote, b. which the question of reception on
the petition yesterday, presented BY Mr. Hale,
was laid on the table, in order he said 10 give
that Senator the same rights accorded 10 others.
Lies over.
Mr.. Berrien, from the Judiciary Committee,
to which was referred the BILL introduced some
time since by Mr.. Douglass, for the admission
Of California and New Mexico ns State into
the Union, made long and very able report
thereon, concluding with the following resou-
tons
Resolved, That it is inexpedient to pass the
bill entitled bill Tor the admission OF Caliior-
MIA into The Union as State
majority of the committee recommend tho
adoption Of the following resolution:
Resolved, That it is proper to organize terri
,oral governments for that portion OF the terri
tory of California, which lies West OF the Sierra
Nevada, or California Mountains; and for the
territory of New Mexico, lying West of the
Western boundary Of the State of Texas.
Mr.. Mason referred to the imp rtance OF
the report, and the Importance also OF having
he report spread before the country as cxtcn-
sively as possible. He, therefore, moved the
prin ing of len thousand extra copies,
MIR. Douglass did not know that nc should
make any objections to The printing OF the extra
number, but he wished that his own views IN
opposition 10 the report should go to the public
with il. As he understood the report, the hrsi
objection 10 The bill is that it is unprecedented
10 admit as State before there is previousl,
organized government; Cd, that the proyiso in
the bill is unconstitutional because no sovereign
State can be divided without the consent OF The
people thereof; and Sd, that it leaves the settle
lncnt Of the question Of the Texan boundary 10
the Supreme Court
The last he considered one Of the best fca
lures of the bill, because the Supreme Court
and not Congress, is the tribunal, under the
Constitution, for the settlement OF that cues
ton. He desired to have decision il, conso
nance with the Constitution and laws, and Their
to do strict justice to Texas.
In regard TO the Proviso he had been willing
10 insert the words "with the consent of tht
people Of the State" though he was not willing
to weld the point, that Congress had not th'
power to divide the State. He was ready tc
Weld the point Of the sovereignty OF the State
but the reservation Of power to subdivide, wa:
not depriying State Of any portion OF her soy'
ereisnty.
In regard to the other point, that it was un
constitutional to admit territory as a State, II
the first instance, The precedents were agains
the assumption. II was never contemplated b,
the trainers Of the constitution Of the U. States
that The State constitutions should first be pre-
sented to Congress. He cited cases-kenluck,
among the rest-to show that States had beer
repeatedly admitted without first presenting con
stltutions.
When admitted, Kentucky was part Of Viz
GINA, without any organized government, o
any constitution emitting her 10 the character o
State. Her constitution has never been pre-
sented, even to this day.
Su in regard 10 The mex, States Admitted, Yer
mon. and Tennessee, neither presented cons.isn
| lions previous to their admission into the Union
! Neither furnished constitution for inspection u
| the first instance.
Ohio was the first State admitted, when wa
| REQUIRED 10 present in the first instance consul
| tuition, and she was so required because nsr .ef
/ ri;ory was covered by The ordinance OF 100 :
She was so required, nolhat It might oe seen Wne
Ter that constitution coniormed 10 the cons'I!u
ton Of The Unied States, but whether !! compile
with Inc requirements of The ordnance OF lIoi
/ In regard 10 The State Of Maine, the State
Massachusetts passed law that "Malne IS
State Of the Union," and neither did she presen!
constitution previous 10 admission.
Mr.. Butler here remarked that no such princi
nlc was commended for 10 the report, as that
was necessary to present constitution. II wa
necessary. however, that some sort OF govern
ment should exist, and that application for ad
mission should be made by The people themselves
Mr.. Douglass was glad to hear that such prin
cinle was not TO be commended Tor, as il remove
The only possible obstacle TO the admission OF ga