The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-28


Tsyler's suite on tho floor below.
|
| CIVIL AND DIPLOMATIC BfLL, WITH THE CALIFORNIA
| AMENDMENTS.
After the disposal Of miscellaneous parcel Of morn
On motion of Mr.. ArHERror, the Senate took up
the bill Of civil and diplomatic ropraons, with the
amendments pending, among whio0 are
| A. Inc amendment Of Mr.. Walker, providing, under
the discretion OF the President to snd tho
general laws Of tho ntsd Ststss far sppli-
of over the territory of California and the territory
me amendment Of Mr. Webster, suthc rising the
n% s 70 mold the new territories in cupstsn.
ssded bv act o ns s.isting laws In force III super
ts1. ans s%s1smsnt Of Mr. Dayton giving the
territories Is was conceded In cases of asae
ana before the formation for Of rsx vIas
The bill and amendments having been taken uu
MT Dou6tAss submitted that ~ IL more i'm por-
ant 70 act than to speak at this stage Of the session.
question Of for the WHOM
hs might otherwise be disposed to make, and he 40
| Mr.. DArroN modified his msndment so as to provide
That until other provision for the COVER the
territories recent thy acquired from Mexico under the
late treaty with that government dated ID February
lsaS) shall be made by Congress, all the military,
officers OF che Mexican government the same terri
tories shall be vested in suoh person perso and
email 0e exercised In such Manner as the Preside MT OF
the United States shall direct for the in
bsbitsnts Of said territories In the free enjoy Of
property religion; and che
United States relating to the revenue and oose-
tion shall be extended to said territories. Aud eh
Preside of the United States shall and no 10 hereby
within the term aforesaid 60 establish suoh
districts for the collection OF the revenue and during
the recess of Congress appoint such o1issrs whose
shall expire at the end Of the next session
Of Congress- to enforce the said laws to him shalt
seem expedent, said officers to receive such pen
SETON as the President may presorbe not siding
double the compensation heretofore paid to similar
officers Of the United States or its errtores for ike
ssrvoe and to enable the same to be done the Of
dollars 70 OH NJ nj v m
In the treasury, not otherwise appropriated"
Mr. Down. rose to submit few remarks upon one
other consttuto nal point and he hop.d the Senate
would indulge him, notwithstanding the import ass
Of action upon the business awaiting the action Of the
task fer the position, tor which the Senator from
Massachusetts contsndsd on Saturday last, to Wit:
extend the territories that 1t is oompsOt be-
tween the States and applies to them, and that the
territories 10 that which consers upon Congress ths
power to make ell needtu rules and regulations re.
tns on ins sSs ths
etitution should extend the tsrrtores that
IT. does any act Of CONGRESS providing temporary rsgu-
Mr. Downs said that he should maintain tho opposite
ground, to wit on the acquisition Of the terri.
tories in question, the constitution Of the United
States extended Itself over thsm-that Congress
cannot assume any authority the territories
Perior to the authority Of che constitution and that
hence the supreme law Of the constitution exist
ths territories In arguing the Of this
proposition, the Senator from Massachusetts, had
changed the whole ground Of the North pleaded at
the last session Then they commended that the con-
sttuion did not carry slavery into territory; nov
they contend admit the constitution they sd-
NIT, perhaps, the institution of slavery and hence 70
find them persistng in the position that the 90 utitu
ton does not extend to the territories Mr.. Downs
briefly argued out his proposition from the authorities
Of history that the does extend the
territories that Is competent to admit the
ritories ~ States, and that California must and will,
perhaps, within year DO admitted State into she
Union.
1t appears that MIR. Bell was not exactly satisfied
with the comment aries upon his spsech OF last
by Mr. Berren respecting the exclusive power Of Con-
erets to create State and SO, after the remarks Of
Mr.. Downs to- day,
Mr. Ball rose in exposition Of the true meaning Of
cisms Or Mr.. Bsrrien and Of Dayton upon the sup
posed assumptions Of Mr. Bell that Congress .on. has
power to create State. MIR. Bell attended that he
had taken NO such unqualified position His positions
were that Congress may create State without admit
ting at once into the MON; that the people OF the
territory may erect themselves into State, bat that
Congress alone can create State Of this Union; for
State, until admitted 10 not State Of the Mon ana
only be admitted by act of Congress Mr. Boil os-
cupied nearly hour in explanation Of his arsumsn
from Georgia.
Mr. BkRRrEr In reply d,clsimed the slightest intsn-
nn 81, 81 %apP.ng the ssgumsn o. Of
he would not now occupy the remnant Of time OF the
session remaining in any length reply. With re-
gard to the ame ndment Of Mr. Dayton, Mr.. Berrisn,
upon aecton, thought 1t exactly Co
with the constitution Of the United States; and II
presented, that the dment only extends to tho
extent of the precedens in the OF Louisiana and
Fortds still, lac would that this is loose egss-
b.
| servance" With respect to the contested point be-
tween Mr. Webster and Mr.. Calhoun, Mr. Bsrrsn COZ.
tended substantially, that the con.ttutiou does snd
does not extend to the terrtores-thst trety,
totally 1t does not extend to the territories but
that In certain general implied, or derived or express
provisions, 1t does and must extend over the terri
great length objected to the of ths senator
from New Jersey becaute 1t does declare that the
constitution 10 extended rs panopy for the protss-
ton Of the rights Of the people the territory.
MIR. DAYTON thought thst legislative act would b.
extend
Of the United States, IT, Of ITSELF 1t Is extended over
Mr. FosrE was understood to say that In the amend.
ment which he had offered. modified into the amend
ment Of the Senator from Wisconsin, the application
Of the constitution to the territories in express terms
was omitted because Of the different views VI Senators
| Is to its operation.
Mr.. DAIros. in reply to Mr.. Bell, msintaiasd that
his argume had not been the extent
which the Senator from Tennessee would seem to sup
pose because 1t would be absurd to imagine that the
Senator from Tennessee would have occupied whole
day in proving that Congress alone has tho power to
admit State into the Union.
| Mr. BELL said that his speech was not accurately
rsported-that his argument mutilsed and nissp-
pretended by the reporters that was impossible they
necessity Of putting their reports In print the next
morning They had not the time to do IT, nor had he
tor from Georgia he had not revised bis remarks
| Mr.. BERRIEN said he certainly did.
MIR. BELL thought that As printed they bore the svi
| dence upon them Of careful revision.
Mr. BrRHIES said the proofs had been placed In his
hands at late hour at night and that he had very
|
Mr. BELL said this admission was all he wanted.
His had not been revised aud the misuuds
standing Of the reporters and Of Senator'S rsadsrsd
the which he had made necessary to put
himself right.
Mr.. UrDERwoop argued that tho constitution II
itself the territories OF the United States
and referred to point OF Mr. Webstsrs argument
OF Saturday, which he desired to answer.
Mr.. WEBSTER explained, that tbs Congress were sub.
servient to the constitution in their regulations for
the tsrritories-that the constitution applied TO the
governing Of Congress to the territory .ss
In RWOo N
Of act Of Congress prohibiting In tho territory the
reposing Of any official trust to person protesting
the Catholic religion!
Mr. WrssrrReThat would be q violation 81 the
constitution which declares that Congress shau pass
NO act for the establishment OF Q religion.
Mr. UNpEnwoop said that was sll the concession that
he desired Ii proved the existence of the oonst1u-
ton even In the territories Moreover an oafh vas
REQUIRED bv all officers Of the government to support
an ....tttutIon o6acers of territories well Of