Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-02-27
THIRrIErH coNGREss--2d Session.

reSentlng you IN the next Legislature, dua no
no doub. will make faithful representative;
Feb 81 I649. A VOIEk.
THIRTIETH CONGRESS-.2d Session.
SATURDAY, FEBRUARY "a, ls49.
SENATE.
Memorials and petitions were presented oy
Messrs. Rusk, Jones, Atchison, Corwin ana
King.
MIR. Borland reported bill granting dona-
ton Of lands for the benefit of The blind IN Ar
kansas.
Mir. Psarce reported House joint resolution,
for the distribution Of copy Of the "Blue
Book or "Oficial Register" to each OF the
States and Territories Of the Onion. Passed.
MIR. Niles submitted resolution, to SO modi'
~ the contract for publishing in the "lntelligen
cer' and "Union" the debates and proceedings
of the Senate, as TO exclude the publication OF
revised speeches and of public documents at
the expense Of the contingent fund. Lies
over.
Mr. Fitzgerald submitted joint resolution TO
confer upon Major General Scott The tile Of
Lieutenant General, as sense Of the estimation
in which Congress holds his gallant and mefl'o-
rious services in Mexico.
On motion OF Mr. Alherton, the Senate then re-
sumed the consideration OF the Civil and Diplc-
matte Appropriation Bill The question being on
the substitute oil Mr.. Dayton Tor Mr.. Walkers
amendment providing for The temporary govern
ment OF California and New Mexico The extern
sion OF our revenue la VS. thereto, &c. &c.
Mr.. Walker stated that since the adjournment
Yesterday he had been urged by several Senators
10 Withdraw his proposition to amend this bill
II il was the feeling OF the Senate that he should
Withdraw it, he was willing 10 do SO; but he de-
sired an expression from the Senate to that effect
Mr.. Mason remarked that il II were Withdrawn
by the Senator from Wisconsin, he should deem
il his duty 10 renew the proposition.
Mr. Walker sal that he had no intention 10
withdraw the proposition altogether, but simply
from he Civil and Diplomatic Appropriation
Bill, with a view 10 propose it as a substitute
for the Revenue bill from the House, when that
should be taken up.
MIR. Mason suggested that The proposition
could now only be Withdrawn by vote oil the
Senate
Mr. Walker then proceeded 10 address the Sen.
ate al leugIh in support OF his proposition. ne
deemed il The duty OF Congress 10 do all tor the
territories al this session which had heretofore
been done in similar cases. All admitted
that something should be done. He had anlIci-
paed much from the distinguished Senator, at.the
his neart had warmed and his form had assumed
more erect position, that great statesman, with
whom he had never expected TO be honored with
a seal 10 that chambeT-the distinguished gentle.
man from Massachusetts, (Mr Web-ler,) and
vel, in the proposition which he had submitted
he had literally offered them nothing
He then examined the provisions Of Mf. WEEP
s,er's proposition, and commended that II was
wholly insufficient Tor the present exiaency.-
And he felt satisfaction, in presenting his own
proposilion. that should il receive The sanction OF
Congress, The duty Of carrying lis PROVISIONS lh'o
effect would belong 10 n veteran OF Inc party Up
posed 10 him in poliiics-lhat the honesty and
patriotism vi his own motives could mol Tor this
reason, be impeached or suspected.
Mr.. Hale followed, in opposition 10 Mr. Wal
ker's proposition; and was succeeded by
MIR. Butler, who replied briefly 10 Two points
in Mr.. Daylon's arguments OF yesterday as 70 'hu
power of Congress 10 extend me Constitution,
in the manner proposed By Mr.. walkers amend enc
pent over California and New Mexico. Inc
South, he said, asked not and had not asked iof
ANYTHING beyond the protection OF me eons''u
lion. He commended that It was entirely comPe-
,pnt for Congress 10 extend certain provisions OF
the constitution, being as II is Inc supreme Id"
of ,he land 10 these ,erriories-indeed that those
nrovision. as The fundamental law Of The land,
were en- extended, on The conclusion oil The treaty
with Mexico. by which these territories were ac-
opired He denied the power now 10 create these
territories into States, but had been, he sand, IN
favor OF giving them the ordinary territorial 90
yerumenis-meetins al once Tie question vi Inc
proyiso. and opposing also all patched up com
promises. which would not be regarded by the
North.
He was ready 10 accede TO almost any mea-
sure which would give security 10 The territories
and 10 every other portion OF The Union.
Mr.. Webster replied briefly TO charge by Mr..
Butler tina. the North had broken iaith with Inc
South II he was prepared TO point single IN
stance in which the Legislature Of Inc SLATE
which he represented had violated The compro
misses oftbe Constitution, he was prepared, with
out intending now 10 throw out any challenge, 70
NEE, MIN on that issue-clher States, OF course,
would sneak for themselves. He commended that
the extension OF tho Constitution in The manner
proposed, was an absurdily and inpraciicable.
Mr.. Walker remarked that he had not intend
ed 10 propose an extension over The territories OF
anv but those provisions Of the Constitution
which were applicable.
Mr.. Webster resumed. Then II was reduced
TO lust This, that the ,EIecu tive was 10 determine
what provisions OF the Constitution are applica-
Bile and proper. He discussed the Constitutional
question a, considerable length. He insisted that
me Constitution made no provision Tor The gov
eminent OF The territories, except so far as 10
leave The whole subject in The hands OF Congress.
Mr.. Calhoun had been very glad to hear the
argument Of the Senators from New Jersey and
MASSACHUSETTS, that the Constitution Of the Uni
led States cannot be extended to the territories
because it narrowed the limits of the controver-
s, between the North and South The constr
tuition. Mr.. c. insisted, is the fundamental law
of the land and extends over the entire terrific
ries of the U. States II was mere assumP-
ton 10 saw that our Constitution does not ex-
tend or cannot Re extended, over these terrific.
ries-un assumption which cannot be maintain
ed.
Mr. Webster thought it strange that gentle
man so distinguished as strict constitutionalist
"a was the Senator from South Carolina, (Mr.
Calhoun should declare, without pointing 10
the clause, that the Constitution extends oyeI
the tcrritories-that the Constitution, but not
the laws. Of tie United States are so extended
Territories had uniformly been subjected to
such laws, and such only as Congress should die
tate, so long as it remained in the territorial
condition. The argument of the Senator would
prove, il true, that if the Constitution of the
United States extends over the territories, The
laws 20 with 1.-THE revenue laws and all oilers.
and yet no one contended for this. The terrific
ries were first to he taken possession OF by the
United States and then governed precisely as
n oncreas shopld diract