Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

which had been agreed by the House. with an amendment
establishing Territorial Government for New Mexico.
Mr.. DOUGLAS. would suggest to the Senate the pro-
prety of dispensing with the reading the amendment OF the
House Of Representatives. Their amendment is word for
word the New Mexican Territorial bill which passed the
Senate days SINCE which they have added to the Texan
boundary bill without altering either therefore that
the Senate concur in the amendment of the House.
Mr. CHASE. Mr.. President If | am not aborine under
Misrepresentation, there amendment of the House to
that bill other than that Of which the Senator from Illinois
speaks would ask for the reading Of that amendment Of
Mr. DOUGLAS. beg pardon; rscollect the other
amendment.
The sEchErAar read the following amendment Of the
House:
United States shall be deprived of his e liberty or property
said Territory except by Judgment Of hi, peers the laws
Of the land"
Mr.. CHASE. move to amend that amendment of the
House BY striking the word citizen" and inserting the
word person and by striking the words "except by
Judgment OF his and the laws Of the land and insert
"withou due process of law" This will conform precisely
to the language of the constitution.
Mr.. FOOTE. hope there will be no debate on this ques
ton. We will vote down the amendment.
Mr. CHASE. Nor do wish to debate this motion. II 10
nothing more than proposition to substitute the language Of
the constitution for the language of the House. II
wiser than our fathers, let it be voted down.
Mr.. FOOTE. The amendment is wholly unnecessary,
any way We all know that and do not want any delay
in this matter
The PRESIDENT. The question will FIRST be taken on
the first amendment of the Senator from Ohio, strike out
| :" citizen, and insert "person."
The amendment rejected.
The question taken the second amendment Of
Mr. CHAsr, to strike out "whout judgment of his peers
the laws of the land" and insert without due process of
law, and it was rejected.
The question then required concung with the amend
ment Of the House.
Mr.. SEWARD and Mr.. CHASE asked for the yeas and
| nays on the question of concurrence.
The yeas and nays ordered and being taken,
| as follows:
YEAs-Mss.rs Ashisoa. Badger Bell gerrien, Bright.
Downs, Fech, Foote, Houston jones' King Mangum, Nor
ton Norris Pearce Pratt Rusk, Sebastian Shields Smith,
NAYSMessrs Baldwin, Beaton, Chase Davis, Of Masa-
chusets, Dodge of Wisconsin, Ewing Hamn, Seward Up
ham, and Winthrop-1O
/ So the amendment of the House was concurred in.
ADJOURNMENT OF CONGRESS SINE DIE.
The following resolution received from the House Of
Representatives:
Besoved he Senate concurrng That the President Of
Senate and the Speaker Of the House Of Representatives
adjourn their respective Houses sine die Monday the soh
| of September instant at IL O'Clock meridian"
After some debate, the question taken concurrng in
the resolution of the House of Representatives. and
/ decided in the Affirmative
The Senate then proceeded to the consideration of Execu-
business and after some time spent therein, adjourned
| TUESDAY, SEPTEMBER 10, 1850.
Mr. DOUGLAS. Mr. President, have been requested To
present the credentials of WIN. NJ GwIs member of the
Senate elect from the State of California that they be
read and that the oath Of Office be administered Mr.
Il GwIN. .sa.
i The Secretary read the credentials accordingly.
MI. BARNWELL. Mr. President, have been requested
to present the credentials Of JOHN G. FREMosT Sena
tor from California. is well known sir that entertained
the strongest constitutional objections to the admission Of Cali
forna into the Union. But Congress having passed ac
for her admission Mr.. FREMosTs admission could not be
otherwise than very acceptable.
Il The credentials read by the Secretary
Mr.. DAVIS, Of Mississippi. Mr.. President, il were
governed by either personal party considerations certain
should make objection to the ordinary which
pursued when the credentials Of Senators received here
But believing as do, thatthe constitutional provisions for the
election Of Senators could not have been complied with in this
case with me sacred matter of duty to nterpose such
objection requires to the reference Of these
denas to the Committee the Judiciary, with instructions
to report the law and the facts make that motion.
Il MI. DOUGLAS Mr.. President, necessity fol
taking up time by this reference If this the fore
part of the session would inepose objection to the
ference But now less than three weeks Of the session
main, and much legislation must take place for California
Hence is important that these Senators should take their
In order that they may do SO, there being many pre-
cedens for this certainly two precisely in point
doubt, hope the motion will not prevail
Mr.. DAVIS called for the yeas and nays his motion,
. and they were ordered.
Mr. DAVIS. If it be in order, and if the chairman of the
Judiciary Committee thinks he will be then ready to report
report to morrow morning. &
The PRESIDENT. Such instructions are not 10 order.
Mr.. FOOTE. As the yeas and nays have been ordered,
wish to make single remark shall not vote for the
ference Of these credentials because this matter has been
thoroughly investigated heretofore And very well sat
ised that the Judiciary Committee for every member
whom entertain the highest respect take the
into consideration for twenty centuries, and fifty times
well qualified to discharge the duties connected with this
matter as they are they could not in opinion throw
single particle Of light the question Under such
circumstances shall oppose the reference
i Mr.. BUTLER. Mr.. President If this matter should be
referred to the Committee the Judiciary certainly will
good faith, report it speedily possible. That is
would not postpone the consideration Of what rights these
gentlemen may have But what will be taken in the
committee cannot tell may be discussed and long
port written upon it. can make other than this general
j statement. IA
Mr.. TURNEY. Mr.. President shall vote for the refer
ence, upon the principle that other Of the kind has
ever occurred since the formation of the Government
believe there instance where State has been admitted
without there first being organization the part of the
community to be admitted. No community has been admit
ted State unless there vesge Of legal existence
70 such community In the present instance there
There have been States admitted where there law Of
Congress authorizing the formation of constitution and State
Government But in all such there previously
gress conferred upon such communities Territorial Gov
eminent And in every such the Territorial legislative
authorities enacted laws for the calling Convention for
the purpose Of forming State constitution which, in my
Judgment gave it something of legal existence State
although the election OF Senators by Legislature under
constitution formed in that way, without the sanction of Con-
gres would not to certain be compliance with the