The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-25

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As wsl Is remember ihsre was no dinsrenee q opmon
o. remodsirance a. that time. tho general mind y Ae
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ton Bu! the case ispot deAds only sieepesh Tbs M
SyssH 'l 81, put au @ bis % puch and when s hss
he then made war Thank Heaven, we have provided a
moru psaeeablu and Iasouai snode Of redress
II the honorable member from Kentucky still persists
in urging his amendmen may be forced TO read some
what further from these able articles ia the Enquirer,
which Mr Jefferson 2 g highly conmsnas and which
Bn do hope the honorable gentleman will withdraw bis
amendment without further delay As
Mr.. pRATr 1t occurs to me that the constitutional
argument referred 70 by the senator from Mississippi
need not be invoked in this because whether the
Supreme Court Judges have the power % settle this ques
question clearly for the Supreme Court itself deter
mine do not think therefore, that we need consider
1 ~ g s a
suItaon with the law officer Of the government has
said n his message that there u no such constitutional
necessary on ihis very day 10 fatigue fiend
with this constitutional argument.
Mr. FOOTE, do not regard the fatigue, II gentlemen
will insist imposing the task upon But must
say that am quite surprised at the remarks Of my friend
from Maryland, Mr.. PaArrl and be really cannot be
aware q me extent = S which q ns mas KS co%med nnss, M
jecon 10 be tenabe that is admitting this anendmet
be unconstitutional there was no necessity at ALL At
the present time, that should consider such point
bul that should 90 and adopt the amendment enact
the whole bill into law, and then leave 70 the Supreme
Court to set.e the question Of noIher
words, we sworn 10 observe the constitution the senator
from Maryland 10 argue, must not look AZ all into
The consatlonaliy or q any measure
proposed 10 u.s. but may the very face Of the consitu
ton adopt il relying Cd Tie Supreme Court Afterwards to
consider this vital matter and declare the law adopted BY
us 70 Be null and void.
nasmuch as he has put me in wrong position Nov,
this Is no law which we are about 10 pass u Is merely
amendment directing State 70 be brought into the Su
preme Court for the purpose of testing the constitutional
power Il is direction for the President NOT the passage
Of law il is determining part that the 6u
is merely directing Tie executive ofcsrs d tSs GOV
eminent institute suit for the purpose Of having that
tribunal established BY The constituon e se's these
mink therefore. that my friend from mississippi has
PLACED drs @s Il proper p position.
lany, first; but his explanation think has placed
him in still one. What engages the attention of
the Senate present. thought were isgSfing, but
virtually that we are not He says this amendment 10
law. is II not II adopted 70 bepar Of the bill now IN
ogresso enactment and part Of the law q The land.
and escape the presidential Veto Undoubtedly Il is
Then we are actually legislang; we Ore engaged 10 the
ians the senate. from M Maryland apr appeals 70 me- me 10 pre-
sent opposition whatever 10 this amendment beeause
j, after all il should prove 70 be Unconstitutional. the
the least practical efficiency say again that the SEN
aor from Maryland must be undersood-l am sure he
said il hastily and Neutrality-suspicious. he cannot be under
stood otherwise than advising al the present time 10
adopt an amendment that may may not be unconstu
iiona with the intention Of leaving the question OF
sItutonay hereafter to be dsposed OF BY the Supreme
Court
Now this course Of proceeding does moi accord with
my notions Of official duty believe that the thres de-
executive. Judicial and legislatveare coordinate and
coequal and that il much our duty 10 understand
and to observe the constitution as Il Is that Of the execu
scope Of our constitutional powers either Of the other
departments named, and II would be shameful abnegR-
ton Of the authority committed TO o., were We 70 any
case. disregard the requstons OF the Organic law OF
the land in the hope that any error we might commit
would be corrected elsewhere Sir, cannot lsgisiate
thus loosely Gentlemen must satsiy me n every sa:s
conformity with the c0nsution before shall BE- willing
to vote for IT, The gentleman says il will only give pow
him, as conceive, Unconstitutional power 4 proposes
only ogye him the power 70 direct suit 70 b com
menced.
Suppose the Supreme Court or the President should
happen TO differ with and conceive that u not In
our power invest the President with the authority de-
signed to be committed him.. Well, ~ conscientious
man. the President in such case must either veto the
BILL he has time TO look into H. or decline 70 carry the
law execution after approving IT, should he BECOME
satisfied on mature consideration that Il has been
consttutonaily enacted; whilst in the other the
Supreme Court should decide the sw to be unconshtu-
tona them 10 be sure though great practical mschief
would ensue. yet should be placed in situation high
~ ridiculous, as having gravey adopted an useonsta-
tona law declared thus especially TO Be 20 by the sd-
preme Judicial tribunal Of the nation Bat suppose thst
ihe Supreme Court should concur with gentlemen who
are in favor Of this amendment and proceed 70 execue
III then, cir, II in fact, 10 unconstitutional. ask
whether we would not be deeply responsible for the en-
actmcnt OF such law, and for ell the consequsness
which might ensne from its enicrcement' AissN essh
is my opinion and do not believe that anything 90 be
plausibIy said in oppoeition 10 IT, EN
Mr. UNDERWOOD. believe my friend from MIS-
sssippi was not ia the chamber II the time made ny
statement TO the Senate Otherwse, would not f1se
again have stated to the Senate that hoped every
senator who thought this amendment would emoefass
this bill would vote sgans il, and would 40 20 without
The yeas and nays were asked and ordered upon me
M. SEWARD. AsI am going to vote upon this qaes-
ton Il s perhaps necessary for me 70 ny that en- ~
eas,d from my engagement with my colleague By some
ofhsr senator who has left pairing on with him.
The question being then taken upon the smsndmens,
was rejecied--yeas 10, nays 2l-ss followss
YEAs-Messrs Baldwin, Clarke. corwin. Dsvis of Mas
Dodge Of Wisconsin,, Greene, HaAe, Hsmlin,
Miller, Phelps Seward, sprnance Underwood, uphem.