The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-21

e and Turney-II. "'''''i"n
NAYS - essrs. Badger, Baldwin. Bradbury
Insse, CIsrKe, Cooper Corwin, Davis of Massa.
: onuse"si layton Dodge Of Iowa, Dodge OF Wis
e consin, Douglas, Fech, Greene Uale Uoml;,
: Jones, hangum. Miller. Seward Smj,h ' Snnn
: Walker ' "a'es' anu
80 the question Of reception was not laid upon
the table. 1PO"
! The petition was then received
The California Question was then taken nm
, and Mr.. Douglas closed his speech upon the sub.
} Ject. 10 the course of his remarks he ARMED
against the expediency of the Wilmot Proviso
but indicated his purpose TO obey the instruction.
OF his Legislature TO vote for it,
The subject was postponed till Tuesday and
the resolutions of MIR Bell were then taken up
Mr. tass, having the floor, resumed his remarks
lie advocated the admission of California. and
Jnsuhed her action in forming a State Govern
meht, on the ground that Congress had failed to
give her Territorial Government
Mr.. Butler asked whether il had been the duty
Oh Congress, in the opinion of the Senator, TO
provide a Territorial Government
Mr. Cass. There are two positions have al
ways maintained with reference to this subject
First that Congress under the Constitution has
no right to establish Governments for the Terri
tories secondly, that under no circumstances
have they the right to pass any law to regulate
.ne internal affairs Of the people inhabiting them
The first may be a matter Of necessity and when
the necessity exists il Senator votes for H. he
votes upon his own responsibility to his constitu-
ents
Mr.. Chase Will the Senator allow me to ask
J him question
| Mr.. Cass. Certainly I stand ready to be cat
eehised all day on this subject if Senators de-
sire it,
MIR. Chase. Did understand the Senator as
saying that in voting for bill to establish a
Government in the Territories, he would assume
the exercise of any authority not given in the
Constitution
MIR. Cass The honorable Senator will un.
doubtedly reoollect that in a historical document
called the Nicholson letter, | maintained that no
power is given by the Constitution TO establish
Territorial Governments; but that where an i'm.
perious necessity exists for such measure, the
legislator who yields TO it must look to his con-
stituents for his justification
Mr.. Chase. | understood the Senator TO say
mat there was no such authority given by the
Constitution
Mr.. Cass, | said that if we do an act not au.
thorzed by the Constitution, under pressure of
necessity, that act must be done upon our own re-
sponsibiity land refer the gentleman 10 the |
authority Of Mr. Saaais00 w&0 SAtifed the ac-
ton or the Congress OF the Confederation on the
subject OF Territories uron this grou( * 4,Sa
this alone
General Cass deprecated the language Of Mr.
Calhoun in relation TO California
have already said that the speech of that hon
orable Senator inevitably leads US to the concln-
sion that upon the admission Of California de- !
ponds the dissolution of the Union lie like
wise contendei that an amendment TO the Copsti- |
tuition was indispensable, and his remarks on yes
terday seemed to connect the fate of the country
with the accomplishment of this object
MIR. Downs. The Senator from Michigan |
states that the Senator from South Carolina re-
marked in his speech that this amendment was
indispensable. Now, may have misunderstood
his words but certainly think he only said it
was desirable
General Cass read an extract from the speech.
TO sustain the correctness of the construction he
had given It,
Mr. Downs Do understand the Senator as
saying that he understood the Senator from
South Carolina as asserting that the amendment
should be made now
Mr.. Cass The Senator from South Carolina,
In the explanation he gave us said he did not re-
quire 1t to be done now, but that il was indispen-
sable that it should be done. Am not rigbt7
Mr.. Foote The Senator from South Carolina
said, believe, that it would be indispensable ul-
timately. That, think, was the word he used
Mr.. Butler made few remarks, sustaining Mr.
Calhoun.
Mr.. Downs | believe he was not understood by
Southern members of this body generally in the
sense in which the honorable Senator from Mich
igan understood him. | certainly did not 80 un-
derstand him. and am not aware that any South
ern Senator did
Mr. Foote. | understand now, from the expla-
nation that has been given by the colleague of the
honorable Senator from South Carolina, that IL
Is the opinion of both these gentlemen that an
amendment to the Constitution is indispensable
Does the Senator from Louisiana doubt that such
is their opinion
Mr.. Downs. did not so understand the gentle
man
Mr. Foote. The Senator from South Carolina
said there should be such provision in the Con.
sttution as would amount TO a veto power in fa-
vor of the minority
Mr.. Downs. did not put the construction upon
10 which is put by the honorable Senator from, J
Michigan, and believe that Southern Senators .
generally did not a
MT Borland. As one Southern Senator, will
'ay that did not
Mr.. Downs know of none that did --
Mr. Rusk. Will the honorable Senator from r.
Michigan allow me simply to say that hope the
senator from Louisiana will not mike construc- -
ION or assume to speak for the entire SOUTH
we are all here. do not choose that the Sena- 4
or shall make construction for me that can =
o for myself
Mr.. Downs do not intend to speak for any .
ody but myself; but, 30 far as ! know or have
card the view that have stated is that taken n
y the whole South
Mr.. Foote. hope the Senator from Michigan
III permit me TO add single word. know that
re construction which placed upon the honora-
q Senator's remark is the construction that was u,
ven to ii by nearly all the Southern members of
is body. i could give their names If necessary "i,
have said 80 before, and my word is not TO be =
sputed by anybody
Mr.. Cass proceeded to anmadvert at some
,gth upon Mr. Calboun's notion of an eouilib
I'm Of power between the sections condemnine o
in strong language. sole
Mr. Foote caused to be read long extract from dee
e address Of Judge Sharkey President Of the Eng
ississppi Convention that called the Nashville com
invention, with view to show that he and the '"'
invention over which he presided contemplated .,
action not strictly within the pale of the Con-
tuition The Constitution they regarded as
ltaining ample guarantees Of their rights; they
ied no amendment thereof rdn
On motion Of Mr. Dayton, the further consid- ton
tion Of the subject was postponed till Wednes- -
next, and the Senate adjourned
FRIDAY, MARcH IS, 1850. WI
This was the day set apart for the considera. M
o of the Census bill The debate was protraot For
dull and Improbable, turning chiefly on the ooag
ect OF printing and on the claim set up by the 'Gs
cot Committee to the paternity Of the census ada,
les, which had been prepared substantially by ing
census board The subject was at last post this
led. time
,a,,ula, Al, O.. M, this
'"'a'u"y, 'ne och"te ala not bit dice,
MoNDAY, March IS, 1850. and
among the petitions presented to-day was one whic
m Democratic citizens Of Whitehead township
ester county, Pennsylvania, against the vii. II
Proviso II was received and laid on the Wis'
Ia Mr. Afcbioo, M Misso,,. :; $3.50, a, . .. soma