Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-17
SPEECH OF MR.: CLAY.
In SENATE, Tuesday, May 18th, 1850.
Report of the Committee Of Thirteen.

Sir, had intended go into the details OF this sub
lect, by way OF answer to the honorable Senator put
really think i hardly necessary You mnu on the
subject of bills tackled to bills OF supply repeal, S
that we have no such thing as that lacking process IN
this country And why because, a Hu !aS olls
sentatyes and by the constitution are regarded to orr
gnate there the Senate has right to amend to strike
Out any clause reduce the tax or to make any add
tons or amendment which they please The Senate
under no such restraint as is the House OF Lords in
England. Hence we have no such thing as lacking
in the English parliamentary sense OF the term.
But the lacking found in England is only what they
chose to consider incongruous measures The ques
ton now remains, is there any lncongrulty IN these
measures "a bill for the admission of California, and
bill to establish territorial government TOR Utah. and
bill to establish territorial government for New Mex
co and wha. is indispensable, il you give her govern
ment provision declaring what shall be her territory
provided Texas shall accept the liberal propositions to
be made to her Is there ything ask, homogeneous
in these measures? What is it What is the incon-
gruty? What is the indgnity 2-for l have heard,
without definition or explanation, from time to time
that it is undgnied, or that is treating California
attach her to the two portions ofthe territory acquired
from Mexico, included in Utah and New Mexico
What is the indignty? Mr.: President admit that in
general for the sake Of simplicity, it is BETTER to
make any one bill complex, or to embrace great
riey Of subjects ncongruous natures; but it in
the judgment OF the Senate in the discretion OF Con-
gress 1t has been said that California has set very
good example: she has provided in her constitution,
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 legis-
ative action is exposed to from that restriction To
distinguish between two subjects not absolutely GER
tain Ii you happen to think they not incongruous
you send them to the judiciary and the judiciary decide
otherwise, and decide the whole law to be unconsttu
ona because the opinion OF the judges is contrary
that of the Legislators, because these subjects are
congruous; and have been told-the senator from
r ,hofhar h0a,
formed not-that in two three instances the pas
sage of bills has been mpeded in the legislature of Lou
isiana consequence of this constitutional restriction
upon the legislative action. The courts have declared
the laws be unconstitutional and would not enforce
them.
l think have stated what think ought to satisfy
everybody without dwelling upon 1t further. Now sir,
will show you what has been done by Congress from
time to time in the annexation of different subjects in
the same bill. Here, sir, is volume second, page 1906
chapter five OF The United States Statutes at Large
in which ind An actto regulate and Tx compen-
sation to clerks, and to authorize the laying out of
public roads, and for other purposes" The very title
shows the ncongruity of the subjects treated Of You
will find in volume four, page l26, chapter SO, An
act to extend the time Tor the settlement of private
land claims the Territory Of Florida to provide FOR
the preservation of the public archives in said Territory
and for the relief Of John Johnson" daughter
Here then anne OF the individual came last; but
| have case be fore in which the individual
came first 1t is be found in the Statutes at LARGE
private acts, volume six, page Sl3 chapter 49,,
entitled can act for the relief OF Chasteain and
Pouvert, and tor other purposes" And what do you
suppose those other purposes to have beenl About
fifty appropriations for variety OF subjects which
be supposed to rise under such government ours
Will my friend read the extract for me?
Mr.. UNDERWOOD accordingly read the extract fol-
lows:
An Act for the relief of Chasteain and Pouvert and
for other purposes.
Be enacted, &c, That the collector of the port of
New York is hereby authorized to deduct from the
amount of bond given by Chastelain & Pouvert for
duties merchandise imported in the schooner General
Jackson Halves, master, from Neuvtas in the island
of Cuba such duties may have been charged on that
portion of said merchandise which not landed in
the United States having been destroyed by fire in the
harbor of New York. upon their producing proof to the
collector of New York of the destruction of said mer-
chandise.
And be it further enacted, That the following sums,
to pay the balance of accounts for which appropria
ton exists, and which have been passed upon and
allowed by the proper accounting officers of the go
venment before them for audit and for the
payment OF which appropriations are recommended by
the heads OF the proper departments, be and the
are appropriated, viz For award made by the pro-
per accounting officer Of the treasury in favor of the
OF the steamboats, Stasca and Dayton, for SER
vices rendered under an agreement with Major Charles
Thomas quarermaster for the transportation of sup
plies labores and other things for the of the works
at Fort Smith, Arkansas, in the year 1888, $l3,350.-
For payment OF balance due for supplies furnished to
the Creek Indians and medical services rendered to
those Indians after the commencement of the distur-
Dances the Creek country and before and during the
removal of the said Indians west OF the Mississippi
which accounts were incurred under the direction of the
proper officers agents OF the government 774l A.
For the payment OF the expenses OF division of the
lands Of the Brohertown Indians among the members
of the tribe obedience the of Congress of the
Sd of March, 1882 entitled An for the relief of the
Brotherown Indians, in the Territory of Wisconsin"
the duties having been performed and the accounts pre-
sented, 81 $780,
Mr. CLAY. There are great many others.
MIR BENTON What is the date OF that act!
Mr. CLAY. 1t was approved July LIST, 1910; but l
have of later date the honorbe senator will prefer
it. Here is one in l849, entitled act for the relief
Of James Norris, and for other purposes"
Be it enacted by the Senate and House of Repre-
sentatires Of the United States Of America in Con-
gress assembled, That the Secretary of the Navy
be- aud he is hereby, directed to place the name Of
James Norris, of Sandwich, in the State of New
Hampshire the roll otinvalid pensioners, and pay
him pension at such rate per year as is provided by
law for the total disability OF assistant surgeon in the
navy of the United States, TO commence the first day
OF July, A d. lS4S, and continue during his natural
SEC. 2. And be it further enacted, That there
be, and hereby are, appropriated out OF any money
in the treasury not otherwise appropriated the follow
ing for the government of the Territory of Min
nesota:
For salaries of governor, three judges and secretary
nine thousand dollars;
For contingent expenses of said Territory, three
hundred and fifty dollars;
For compensation and mileage of members of the
legislative assembly, pay Of the officers and attendants,
printing stationery, fuel and other Incidental expenses
thirteen thousand seven hundred dollars
Approved March g. 1919.
Now, Mr. President, when all these things are taken
into view, think it quite clear that there is no want of
power part to do what's proposed, and want
OF conformity to the principle-which l admit to be
sound--not to combine incongruous and dscordant
measures in the same bill. We have here three mea-
sures, all of the character. They have all in diff
ferent forms, the general object in view. will
not detan the Senate upon this point longer do not
think it can be necessary shall dismiss the subject
with single observation upon an amendment to both
the territorial bills which introduced by the COM
mitee, to which myself opposed, but which was
carried by majority of the committee 1t is an amend
ment to the 10th section, think, of one of the bills,
and do not recolect precisely where it falls in the
other bill 1t is to the effect that law shall be passed
by the territorial legislatures interfering with African
slavery. | did not then, and do not now, attach
much Importance to this amendment. 1t was proposed
by an honorable senator in my eye, and carried