The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23

efs stflcy territorial ought to be referred to the com
asee 70 that committee, and in justice to the usages OF
this body that would be the proper This partc-
uar bill the poposop as have already sta
ous that i Be referred 70 the COMMITTEES on the Judiciary
or the reasons assigned BY the honorable senator from
Gsosa The resolutions
embraces the whole subject with the exception OF that
proposition to establish new State. and shall vote to
should be all this rivalry between the committees, do
not understand have not entered into that feeling,
will am willing, for one TO unite IN requiring from
them faithful and II necessary laborous discharge OF
their duties. But do not understand how there is any
discourtesy towards any committee in referring matter
to another the committee am anxious to have report
upon this subject from both committees; being one OF
those most socous to test every question: ever ready 10
listen oany truth, whether my mind has yet embraced
or not and never dreadng error f truth is left free to
Mr.. RUSK. Mr. President, the bill, which il is now
moved to refer, contains various questions making il
be separated, and part OF it be sent to the Committee
on the Judiciary, and part OF II to the Committee on
Territories II was the same case, with the memorial
from Deseret There was something in relation to
the erection Of State government and something in
Mr. FooTE. My friend viii allow me to present the
difference in the two cases The proposition Contained in
ne bill, sir, is an affirmative proposition to establish
State and an affirmative proposition to establish terrific
nal governments The other proposition Is in the alter
native fom-to establish one or the other. Il is not
double affirmative, my bill is which is referrbe to the
Judiciary Committee only; while the other might be
referred to the other being in the alternative
Mr.. RUSK.. II is a matter Of no consequence as to
which committee they refer it. so far as this bill is
cerned L seems to me that there is no sort Of doubt
and so far il seems to to be fit subject for the judi
cia committee. In the next place, the bill contains
important incident in regard TO the boundary Of State
In consideration OF these circumstances shall vote to
send II to the Judiciary Committee. This seems to me
especially proper nasmuch other bills Of SINH
lar character have gone to that committee Otherwise
ia in nve sfiVat he
fore two committees at the time, and might receive
different and conflicting reports,
Mr.. COOPER. Mr. President, would il be improper to
move to refer much of the bill relates TO the State
to the Committee on the Judiciary and the remainder Of
il to the Committee Territores' Now, sir no
reason why this cannot be done. 1t very frequently
the case that the subjectmatte Of petition is referred
to two committiesto these committees which properly
have charge Of each particular subject By the rules Of
the Senate, understand them, the jurisdiction of its
committees not Defined but vi fernaini, ii to
me that bill for the establishment of territorial gov
Committee Territories It has been the usage Of the
Senate to refer bills for the erection OF States to the Judi
ciary COMMITTEES and it would therefore be proper that
that portion of this bill should take that direction
Now, have already remarked that it is a common
thing 10 refer one portion OF memorial to one commit
ss ANOTHER a90s know to Be hs case -
case in the State legislature. think ALSO that during
the present session, memorials of this kind have been
to committee having charge of particular subject and
another portion going TO different COMMITTEES having
charge OF different subject i seems 70 me that the
substance OF this bill is distinct that there be no
mistake whatever to how the different portions of il
should go for consideration That portion which refers
to the ssasshment Of Territorial governments should
tee on Territories should be abolished at If con-
sutiona questions should arise incidentally in the dis
charge OF their duties which that committee unable to
Determined believe they are all lawyers except myself
and am poor one-why will ask to be discharged
from their consideration and have them referred to those
who are more competent do not say this in an invid
sense but more competent from the fact that their
attention is specially turned to that kind OF questions
move therefore to divide the subject matter OF this bill
to the Judiciary Committee, and the remainder OF il to
the Committee on Territories
Mr. KING, Gnterposing) Do understand the Chair to
say that that motion is in order
The VICE PRESIDENT The Chair is Of opinion
that the moton to divide could not be entertained
Mr.. KING; hope it cannot. sir. II cannot be done
TSs yISE Chair think. that
MI KING King Then have ave no more to say, SIR
nss on e y n
TO this matter have observed that, for the last
two or three weeks, the Judiciary Committee seems to
Senate. II seems to me thai at least one-hali Of
all the important business Of the session has,
for some reason other, reached the Judiciary Com
i is the duty Of good judge 10 amplify his jurisdiction
but know of such rule which applies to the business
OF c0mmlttees but as one member OF that commlttee
am disposed rather to than TO ampfy its juris
dicton especially at this tme when much business
has already been sent to the committee.
Mr. BUTLER. 1 will accommodate my friend by
giving mp the other half of the business lLaugher]
Mr.. DAYTON. Certainly sir. ! voted, Mr.. Presi-
dent, for the reference Of the preceding memoialtha
relating in the first place., 10 the creation OF Deseret into
Sate-io the Committee on the Judiciary, because
thought il was business that properly belonged TO that
committee; and while do not want, have said, 10
ampify the business OF committee, would not
shrink from that which properly came before the commit
tee. II understand that matter right, upon the repre-
senaion OF the gentleman from Georgia, here comes the
Territory Of Deseret asking admission to the Union as
State or Territory.
The past practice Of the Senate, and, understand
OF the House Also has been heretofore 10 refer these
questions to the Judicial committee, and therefore
OF the matter, at least temporarily, until the question in
relation to the erection OF State disposed OF after
which, should the question the establishment OF
territorial government up, that matter would, as
supposed be referred to and disposed Of by the Commit
tee on Territories
Now. sir, here is another question. II understand
do not speak with much precision upon the details Of the
subjectthe bill OF the honorable senator from Mssis
sppi embraces variety of subjects, calling upon the
committee to Judge of the popeiy OF forming States and
Territories II is not people coming here with constr
tuition In their hands, and asking admission into the
Union State, or else a Territory, but
Mr.. FOOTE, (interposng) II the senator will allow
me-ihere is alternative in the bill There are various
There no alternative feature in the bill There is
proposition to erect State out OF portion OF the
territory Of Texas proposition TO settle the boundary
line between Texas and New Mexico and another