The New York herald., 1850-05-18
ton Of the final passage, will then propose the sum

ton of the final passage, will then propose the sum
thought of by the committee.
The committee recommend the union Of these
three measures. Ii the honorable Senator from
Missouri Mr.. Bentonl will allow me the benefit
of two Of those cannons which he has pointed TO
this side of the house, and which believe he has
upon his desk, should be very much obliged to
him.
Mr.. BENTON, lin his seat.) They are in the Sc
cretary's office and the page will bring them.
MIR. CLAY, (resumng.) The union of these three
measures in one bill has been objected to, and
has been already very much discussed in the Sen
ate; but, out of respect to the Senator from Mis-
souri, Mr.. Benton] and TO the Senate, feel my
self called upon to give some answer to the argu-
ment which he addressed TO the Senate some days
ago, TO show that it was improper to connect them
together. must begin by stating what is consid-
our parliamentary law in this country. II consists,
in the first place, of the constitution of the Untzd
States, the rules adopted by the two houses Of Con-
gress, and if you please, Mr.. Jefierson's Manual,
which has been respected authority, and, believe
used in most of the delberativc bodies in this
country.
Now, sir, either the honorable Senator
from Missouri, [Mr. Bentonl or myself, to-
tally misunderstood what is meant by Hatsell,
and in the English parliamentary sense, by tacking.
We have no such thing as tacking, in the
English sense of the term. Jefferson has no chap
ter in his manual on the subject of tacking-Hat-
sell has. Tacking in England is this BY the
constitution Of England, or, in other words, the
practice of England, which makes her constitu-
ton, money bills, supply bills, bills of subsidy,
and aid Of all kinds, are passed by the House of
Commons, and ale sent TO the House of Lords;
and the Lords are obliged TO take them, word for
word, without making any amendment whatever.
crown is obliged TO take them without amending
them at all. The practice OF tacking in England
is this knowing that money bill is obliged TO
be passed without any amendment or alteration
in the House Of Lords, the Commons in
England frequently, when they have a popu-
lar object or measure 10 be carried, tack that
measure TO the money bill TO be sent to the House
Of Lords, knowing that the overruling necessity of
the aristocracy and the crown is such, that they
must, for the sake ofihe money granted in the BILL
agree to the clause, favorable perhaps, 10 liberty,
or something else, which is tackled on to it. The
process OF tacking, therefore, in England, is OBJ
jected TO by the crown always, and by the aris-
tocracy, but never objected to by the Commons.
According as the prevalence Of the authority OF the
crown and the aristocracy, of the popular branch
OF the Legislature, takes place. is the practice OF
tacking resorted to or dispensed with. TheScrown
always complains oft. Hence the quotation made
by the honorable Senator the other day from Lord
Chancellor Finch he complains of it most amaZ-
ingly. The Lords always complain of il. Hatsell,
TO which have often had occasion 10 resort--as
great cour,er, complains of it. But the fact is,
that the process OF lacking in England Is favor
able i'm England TO liberty and favorable TO the
Commons Of England. 1t is never objected
TO by them, but objected TO always by the
crown and arlstocracy. Her Majesty would
be glad TO get the money, without being obliged
to make any concessions 10 her subjects. The
House of Lords are equally indsposed and feel it
very wrong to be compelled TO swallow the whole,
and, taking the money, to take along with il the
clause which has been tackled to 1t in favor Of per-
sonal liberty or some other right.
had intended TO 90 into detail upon this sub
icct, by way Of answer to the honorable Senator:
but really it is hardly necessary for other reasons
will state presently You find in Hatsell's, in the
third volume, he has a chapter upon the subject,
" Ellis tackled 10 bills of supply" repeat ii, we
have no such thing that lacking process in this
country. And why! Because, although supply
bills, tax bills, and other money bills, originate
in the House of Representatives, and require
TO be originated there by the constitution of
the United States, the Senate has right TO amend
those bills, TO strike out any clause, TO reduce the
tax, to make any change they please. The Senate is
under no restraint The Senate is not as the House
of Lords in England: hence we have no snch thing
as tacking, in The English parliamentary sense OF
the term. But the tackIng found in England is only
what they choose TO consider as incongruous mca-
sures. The question now remains, is there any in
congruty in these measures "a bill for the adj
mission OF California, and bill TO establish ter
ritorial government for Utah, and bill TO estab-
lish territorial government for New Mexico, and,
whst is indispensable, if you give her govern
mebt, provision declaring what shall be her ter
T.toay provided Iexas shall accent the liberal pro-
ask, incongruous in these measures 2 What is it 7
Wbct Is the inccngruitya What is the indgnity 7
for have heard, without definition or explana-
that it is ill-treatng California TO attach her TO the
two portions Of the territory acquired from Mexico,
included in Utah and New Mexico. What is the
indigniiyl Mr. President, admit that, in general,
for the sake ut simplicity, il is better not 10 make
any one bill complex, or 10 embrace great variety
Of subjects Of incongruous natures but il rests
in the judgment Of the Senate, in the discretion of
Cor gress II has been said that California has set
us a very good example she has provided in her
constitution that no two subjects shall be united in
the same bill. Louisiana has done the same thing
IN her constitution; and ! ask the Senator from
Louisiana, and ask the honorable member of that
legislature, just arrived here from Baton Rouge,
what vast inconvenience the legislative action is
exposed TO from that restriction! To distinguish
between two Subjects is not always absolutely cer-
tain. lfyou happen TO think they not incon-
gruous, you send them TO the judiciary, and the ju-
dietary decide otherwise, and declare the whole
law 10 he unconstitutional, because the opinion of
the judges is contrary TO that Of the legislators be-
cause these subjects are not congruous; and have
been tod-thc Senator from Louisiana can state
whether have been correctly informed or not
that in two or three instances, the passage Of bills
has been impeded in the Legislature Of Louisiana,
In consequence Of this constitutional restriction up
the laws TO be unconstitutional, and would not en-
force them.
think have stated what think ought to satisfy
everybody, without dwelling upon il further Now,
Fir, will show you what has been done by Con-
gfess from time TO time in the annexation Of diff
fcrent subjects in the same bill. Here, sir, is
volume second, page &6, chapter five, of '.ihe
United States Statutes at Large" in which ! find
"An act TO regulate and fix compensation to clerks,
and TO authorize the laying ouf Of public roads, and
for other purposcs." The very title shows the in
congruiy Of the subjects treated Of You will find
in volume four, page l26, chapter 81, Gan act TO
extend the time for the settlement OF private land
claims in the Territory Of Florida, 10 provide for
the preservation Of the public archives in said
Terriiory, and for the relief OF John Johnson
Laughter Here the name Of the individual came
last but have a case before me in which the indi-
,idual came first II is to be found in the Statutes
at Large, private acts, volume six, page Sl3 chapter
~. entitled IAN act for the relief ofChastelan and
PonveIt, and for other purposes" And what do
YOU suppose those other purposes 10 have bcenl-
About hfy appropriations for variety Of subjscts
which can be supposed TO rise under such a gov
eminent as ours. Will my friend read the extract
for mel
MIR CSDERwooD accordingly read the extract as
follows
Az acr ron THE nrrrrr roy,rRr, ASD
ron osHgr ruRrosps.
BE u enacted, &c That the Collector Of the port of
New York Is hereby authorised to deduct from the
amount Of tond given BY Chsstelsin Ponvcrt, for
duties on merchandise Imported In the schooner