The North-Carolina standard., 1850-01-30
THIRTY-FIRST CONGRESS.
SENATE.

THIRTY-FIRST CONGRESS.
SENATE.
MONDAY, January 81, 1850.
Numerous petitions and memorials were presented.
Among the memorials was one from the citizens OF
New York, praying cheap postage; and a petition
from miners merchants, and manufacturers OF Penn
svvania. praying the imposition of specific duties in
the place Of ad ralorem and for proper discrimna-
tion in our Tariff laws in favor of American manu-
factures. 49,
Mr.. Hunter gave notice that he would introduce
bill, repeating the act establishing the Home Depart
ment.
After the transaction Of further business not
of interest to readers generally the Senate pro-
ceeded to the consideration of the order OF the day,
being the following Resolution submitted some tune
since BY Mr.. Foote:
Re.oired, That it is the duty of Congress, at its
present session. to organize territorial governments
for California, Deseret, and New Mexico.
Gen. Cass arose and addressed the Senate at great
length on the Slavery question generally H!sSPeec9
occupies some fifteen columns in the Union. ano
we cannot therefore pretend TO eonoense II, ou'
He took the ground that the Wilmot Proviso was
hoth unconstitutional and nexpedient and supported
these positions by the strongest and most conclusive
arguments.
Before Gen. Cass had concluded his remarks ne
gave way to motion to adjourn.
HOUSE OF REPRESENTATIVES,. =
The House having, on Saturday, voted to postpone
the election of DOorkeeper and Postmaster to the Isl
of March, 1851, the rest of this day was consumed IN
discussion the decision Of the Speaker to the ell
feet that it still in order for that BODY 10
these officers temporarily. After much discussion the
decisioa of the Chair above stated, was negatived-
yeas l0l, nays 1O2.
The Sneaker laid before the House Message from
the President in relation to California. and covering
information called for by Mr.. Venables Resoiuuon'
adopted some days since.
Mr.. Venable moved the reference of the message
and Recommending papers to the Committee on Ter
rtores and that they be printed for the use OF the
House.
M. Bayly suggested their reference to the Com
mittce of the Whole on the state OF the Union.
Mr.. Clinqman desired to know whether the moton
TO nrint and refer was debaable If so ne proposed
to debate it, not concurring in some OF the views
taken bv the Executive in the message.
The Speaker deciding that it would come first after
the morning business tomorrow, Mr. Cilngman gave
way, and the House adjourned.
- SENATE.
TUESDAY, January %.
Petitions and memorials were presented, and no.
tees Of bills were given.
Mr.. Webster offered the following Resolution,
,~b;ch lies over and was ordered to be printed
Resohed. That provision ought to be made by
la tia, everv male citizen of the United States and
eyery male person who had declared his intention OF
becoming citizen, according to the provisions OF
Jaw Of twentyone years OF upwards, snail oe entt-
led to enter upon and take any one quarter section
of the public lands which may be open to entry at
nrva,e sale for the purposes of residence and cult
vaton and that when such citizen shall have resd-
ed on the same land for three years and cultivated
the same or if, dying in the mean tlIne residence
aud cultivation shall be held and carried on by his
widow or his heirs devisees for the space OF full
tree years from and after making entry of such resi-
for Tho n he
completed within four years from the time ofsuch en-
try then patent issue for the same to the person
making such entry if living, or otherwise to his heirs
or devisees the case may requires Fror'ded nereT
theess That such person so entering and taking the
quarter section aforesaid shall not have, nor shall
his devisees or heirs have any power to ALLEVIATE such
land nor create any title thereto, in law or equity,
Deed transfer lease any other conveyance except
bv devise BY will. |
The Resolution of Mr.. Fooe, referring to the estab-
lshment of Territorial governments IN California,
New Mexico, and Deseret, was then taken mp, when
Gen. Eass continued and concluded his remarks on
the subject.
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 sustain the prop
osition that Congress has no power under the Con-
s,itution TO egisate upon the subject of slavery
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 was not expressly granted in the Constitution. it
could not bemplied. All powers, in the words OF the
Constitution, not thereby granted, were reserved.
The articles of compact made and established by |
the Conrtss of the confederation and their binding
force, and the power Of that Congress to establish
such compact and the force and obligation OF the
ordinance Of 1887, and particularly the question Of
the inviolability of the ordinance, were 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 Ohio, which are held
to be involabe declare that there shall not be crea
ted out Of it more than fre States that number has
been completed by the admission of Wisconsin; still
there is large portion Of that territory detached by
Congress- from what now constitutes the State of
Wisconsin, bu. which it is proposed to join to that
Minnesota becomes State, with this portion of the
territory, embraced by this compact, what becomes of
the inviolability of that compact!
The mode adopted by the advocates of this power
in Congress, to sustain their position by quoting and
citing opinions of jurists, commentators on law, and
Of opinions of the judges of the Supreme Court,
discussed and denied to be the prop
er course for Senators to pursue. If the Supreme
Court were the only tribunal to consider such ques
tons, then it better to abolish the legislative
branch Of the Government. He gave to the decisions
of the Supreme Court all and respect but
could not yield obedience legislative action on
this subject by Congress was always cited by the
Supreme Court as precedents for the power. The
exercise Of the power by Congress did not settle the
question beyond the limits of investigation into the
source Of authority for that exercise of power. 1t
was the duty. then, Of the Senate to examine for
themselves into the constitutional question. The
Missouri compromise was submitted to by the South,
not precedent to bind them forever. The tone |
unhlic af Tho Snufh at thie