The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-23
THIRTY-FIRST CONGRESS.
FIRST SESSION.
SENATE.
TUESDAY, January %, 1850.

Petitions of n private import were presented by
Messrs HusrEn, sEwAnp, BaADBusx WMrooNS'
Papers the files OF the Senate were allowed TO
be Withdrawn. on motions by Messrs. Dickinson
and KING.
Memorials praying indemnity for spoliations by
the French were presented by Messrs. SMITH,
WEBSTER, HAMLIN, and BoRLAND.
Mr.. SEWARD presented memorial from sun
dry citizens of New York, praying the establish
ment of branch mint at New York.
Mr.. MASON, pursuant to notice, introduced a bill
To change the times for holding the district courts
of the United States for the Western district of Vr
GINA, and other purposes
Mr.. DICKINSON, from the Committee ON FL
nance, reported back bill establishing branch
mint at the city Of New York.
MIR. MASON, from the Committee on the District
Of Columbia, reported bill to allow the Methodist
Episcopal Church, Of Georgetown, to transfer GER
tain real property; and the bill was read three
times and passed. 3ia
MIR. DODGE obtained leave to introduce bill
for the improvement of the Des Moines and Rock
River rapids, in the Mississippi river.
Mr.. HUNTER gave notice of a bill to establish a
board of accounts
Mr.. FELCH gave notice of bill to provide for
the survey of the public lands in California and
New Mexico, and for other purposes.
Mr.. UNDERWOOD offered resolution which
was adopted, directing the Committee on Com
merce TO inquire into the cxpediency OF MAXI ng
pndncha IN SSenspM1ky port q entry resolution
which lies over, calling upon the President TO COM
municate certain information relating to the pro,
ceedings with the persons collected at Round Island
last summer, and other matters connected with the
alleged intended invasion of Cuba.
Mr.. WEBSTER submitted the following resou-
ton. which lies and was ordered TO be printed:
ResolUed, That provision ought to be made by
law that every male citizen of the United States,
and every male person who had declared his inten
ton of becoming citizen, according to the pro-
visions of law, Of twenty-one years or upwards,
shall be entitled to enter upon, and take any one
quarter section of the public lands which may be
open to entry at private sale, for the purposes Of
residence and cultivation; and that when such citi-
zen shall have resided on the same land for three
years and cultivated the same, or II, dying in the
mean time, residence and cultivation shall be held
and carried on by his widow or his heirs or devil
Sees for the space full three years from and after
making entry of such land, such residence and cul.
tivation for the said three years To be completed
within four years from the time Of such entry then
patent to issue for the to the person making
such entry if living otherwise to his heirs or de-
vsees as the case may require: Provided, nererhe-
less, That such person 30 entering and taking the
quarter section, aforesaid, shall not have, nor
shall his devisees heirs have, any power to
ALLEVIATE such land, create any title thereto, In
law equity, by deed transfer, lease, or any other
conveyance, except by devise BY will
The resolutions of Mr.. FOOTE referring to the
establishment of territorial governments in Califor-
MIA, New Mexico, and Deseret, were then taken up
Mr.. CASS continued his speech by reading at
large from the speeches of many Senators, and
from the works Of several judicial writer's to sus-
tain the proposition that Congress has no power
under the Constitution to sgisate upon the subject
of slavery for the people Of the Territories Such
power would be that OF exclusive and unlimited
legislation. The Constitution nowhere gave such
power; and as the power could not be found ex-
pressly granted in the Constitution it could not be
implied. All power, in the words of the Constitu
ton, not thereby granted, were reserved;
The articles of compact made and established by
the Congress of the confederation, and their bind
ing force and the power of that Congress to establish
such compact, and the force and obligation OF the
ordinance Of 1857, and particularly the question OF
the inviolability Of the ordinance, examined,
compared, discussed, and the views and sentiments
Of others upon them were read and enlarged upon.
These articles Of compact established in relation to
the territory northwest of the river Ohio, which are
held to be nvoable declare that there shall not be
created out of it than foe States; that number
has been completed by the admission OF Wisconsin,;
still there is large portion OF that territory, de
tached by Congress from what now constitutes the
State of WISCONSIN, but which it is proposed to join
TO that which composes the Territory OF Minnesota.
| IL Minnesota becomes State with this portion of
the territory embraced by this compact, what be-
comes Of the nviolability of that compact
| The Diary of Mr.. Adams, lately published, was
then taken up, and extracts Of read An eloquent
| tribute TO the dead was paid BY Mr. Z. But that
! portion Of the Diary, wherein Mr.. Adams declares
| that the compromises made in the formation of
the Constitution was a bargain between slavery
and freedom. and that its continuance was per-
| petuation of every thing wrong and vicious, was
most severely denounced as unworthy the high po-
sition occupied by the author, and OF one who had
repeatedly sworn TO support that Constitution.
The sentiments Of the Diary were contrasted with
those Of Wsshington's farewell address, and the
difference commented upon. The mode adopted
by the advocates Of this power In Congress, to sus
tain their position by quoting and citing opinions
Of urists, commentators on law, and Of opinions of
the judges of the Supreme Court, as conclusive,
was discussed, and denied TO be the proper course
for Senators 10 pursue. II the Supreme Court were
the only tribunal TO consider such questions, then
il were better TO abolish the Legislative branch Of
| the Government. He gave TO the decisions OF the
| Supreme Court all reverence and respect, but
could not yield obedience. The Legislative actions
on this subject by Congress- were always cited by
| the Supreme Court precedents for the power.
| The exercise Of the power by Congress did not
settle the question beyond the limits Of nvestga-
ton into the source ofauthorty for that exercise Of
power. IL was the duty, then, OF the Senate TO ex-
anime for themselves into the constitutional ques-
tons. The Missouri compromise was submitted to
by the South, not a precedent 10 bind them for
ever. The tone Of public sentiment at the South,
at this time, was such clearly indicated that an
| important crisis was at hand. Now, then, was tho
| particular time for an inquiry into the subject.
/ When the political atmosphere was calm, public
| legislation was also cam but when crisis was at
hand then the difficulties arise which II was in
tended 10 obvistc by the establishment OF written
constitution. Let that written constitution be the
test by which the Senate will decide the question.
lie believed the South TO be right in resisting this
Wilmot proviso as being Unconstitutional, and, in
agreeing with them, bc advocated sectional
view. lie was a northern man by birth; western
man by association; but, above all, he was an
American, and one who ON all subjects appealed as
| his guide 10 the Constitution.
As to the eSpediency Of adopting the proyiso, he
had but few words 70 say. Was the wilmot pro
yiso worth the danger II threatened, Would
slavery, under any circumstances, enter these ter
/ ritoricsS II would not. Two years ago he had
said that IL was impossible for slavery 10 enter
those territsries. and events had proved that he
was correct. Since then large portion OF that
| territory had become. by the action Of the people
residing there. closed 10 the institution Of slavery
New Mexico would, in all probability, remain free
territory her soil not adapted To slave labor
The Of slaves could not take them there, for
the product Of their labor would not, in the cot
ton and sugar lands, afford them profit. He be-
| Iieyed the Wilmot proviso TO be unconstitutional
and, believing that, would never vote for H. He
appealed 10 those who insisted upon pressing this
proviso TO reflect that slavery viii not and cannot
go to the territories, then was il worth while 10
4 cndanger the Union by constantly pressing the
! provisoi u is urged AZ expedient- He doubted
the expcdiency Of passing the proviso. Those who
advocate 1t may with perfect safety abandon II as
unnecessary; those who oppose IL can never yield
their oppostion--tbey stand upon the Constitution.
| His sentiments upon the wilmot proyiso were now
before the Senate, and in n few days would be be-
| fore his constituents.