The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-04-21

The SxxArR DlsoRc ANIzRD.--THRC CANAL BILL
Observation-Disclosures OF THE LEoIsLA-
rURg.-ExrRA SESSION CALLED.
sEnArE--sPEcIAL ORDER.
The Canal bill coming up for third reading,
Mr.. MANI moved to postpone indefinitely.
Mr.. BsxKMAN moved TO p. IN. Lost---4 to
l6 Messrs. Beekman, Mann, and Carroll, voting
in the affirmative; all the negative, Wings.
Mr. MANN stated that the minority desired to
remain here during the remainder OF the session
and help to pass the bills before us, but II this
motion failed, then the majority must bear the
responsibility il those bills failed.
The motion was lost, to l6
Mr.. MANN then said, Mr.. President, now
transmit to you, rs the presiding officer OF this
body, the resignation Of myself and eleven other
senator's" Mr. NJ sent it up to the clerk
Mr.. Cook asked who were those that had re-
signed! Fit was proper he would like to hear
their names.
The Chair stated them. They were all Of the
pposition--Messrs Carroll, Crook, and Bran
dreth, only retaining their seats on the part OF
the Loc0s.
Mr.. Cook called for the calling Of the roll
The Clerk called it. No quorum being pre-
sent, Mr.. Cook moved call of the senate.
The Sergeant Arms Mr.. Geo. l.. Garlick)
was directed to summon the absent senator's
All having been found and summoned, the call
was suspended
Dir. BABcocK moved n recess till IL o'clock.
Mr.. DImmIck hoped it would be granted We
were placed in peculiar position, one unpre.
cedented in our political annals. He trusted
that the recess of two hours would be allowed
for the responsible majority to decide what ac-
ton should be taken in this crisis. Carried.
Recess till IL o'clock.
IL o'clock, NJ.
PREsENT.-Messrs. Babcock, Beach, Beck
man, Brandrelh, Carroll, Colt, Cook, Crolius,
Crook. Cross, Dimmick Geddes Johnson, Mil
Ter, Morgan, Owen, Robinson, Schoonmsker,
Upham and Williams
The canal bill was taken up.
Mr.. CARROLL moved that the bill be post
poned until after the appropriation bills and all
other bills were ordered to third reading and
disposed Of The object Of it was (Mr. c. said)
to have these bills passed. The course pursued
by senators who had resigned this morning, met
his full appreciation, but it was deemed best to
attempt this last overture. They would not in
any case be party to the passage of the act
They all deemed it unconstitutional, as did he !;
but he wished to afford the majority an opportu-
nifty of accomplishing the necessary business II
they saw ft If they did net see fit to do SO, let
the responsibility rest with them.
Mr.. BABcocK said: We are placed in peculiar
and extraordinary circumstances which never
before occurred. The strange course pursued
here was never before witnessed in this State or
in the United States. We have before US
high handed attempt of the minority to control
the action of the majority Of this Legislative
body. It is conceded and admitted by some of
those who have this morning taken the step,
which / could not believe they would have
taken, that this is an appeal to the ahigher
lawn-to revolution The senator from the
25th (Mr. STANros) yesterday foreshadowed
it, and this morning the senator from the 10th
(Mr MANN) did the same; but was not pre-
pared to credit that so fagitious proceeding
wonld be enacted What is its character? 1t
has not the excuse Of being the only step which
could be taken to prevent violation OF the
constitution, If such n violation was contained
in the BILL IF the bill is unconstitutional, there
is another tribunal to judge of that defect and
decide that question, aside from this senate
Hence that objection must fall, for Of all created
beings capitalists are most pecu iarly careful
and discreet, and not a dollar would be invested
by them until, if the point was mooted, they
had satisfied themselves perfectly, by the opin-
ions Of all the legal talent in the State. They
would never begin the work until it was de-
cided past doubt that it was constitutional
But, again, the whole question was open to the
legal tribunals of the land, and there is no ex-
cuse No apology exists for any action such
as the extraordinary course that has been pur-
sued, for if it is tits Illegal,
it can be remeded in a legitimate and legal man.
ner Now the question for the responsible ma
ority to answer is this-Shall we be deferred
from performing our duty by the threats of the
minority! Shall we be deferred from doing
our duty because others have failed to do theirs
This is question for each one to decide for
himself My course is perfectly clear. lfw
were to yield to their threats, we should put
ourselves in no enviable position. This is an
appeal to the higher law, and as long as the
courts are open for redress and remedy, an ap-
pei to the "higher law is no revolution. II
is blocking the wheels Of legislation; and shall
we, when bill which WINS fully discussed in
the assembly and passed by large vote, and
which has been before US for three weeks, comes
up in its usual course for our action, entertain
resolution which in effect postpones it indef-
ntely? Ifso, the same thing can be done with
any bill that comes up. We are here with a
bare quorum, and the senator from the 10Th,
(Mr. CARRoLL) says,'if we do not abandon our
position and yield to his commands and injunc-
uOnS, ne BnaIl leaNe lne results 10 IolIOW hS
they may. Shall we yield to his thrcats'-
Never
Mr.. CARROLL said that the responsibility must
rest with the majority The senator from the
3lst (Mr. Babcock) bad himself moved it for
ward out of its usual course ahead of other bills
and If those bills fail, it is his own fault.
Mr.. ScHooyMAKER responded to some remarks
which fell from Mr.. Carroll concerning Mr.
Scboonmaker occupying his seat after he had
been elected member of Congress. 1t seemed
to trouble the gentleman exceedingly He did
not know how it happened, unless it arose from
the fact that he (Mr CarrolD was not 80 sue
cessful in being elected as he (Mr. s. was
What were the opinions of Mr.. G. last fall when
he was n candidate! What did he tell his con-
stituentsl Why he told them that it made no
difference with his holding the State senatorship
for his Office as member Of Congress would not
commence until after his Office Of senator had
expired. What had changed his mind He was
now Of different opinion He contends that