Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-28
TUESDAY, AUGUST "a, 1852.
IN SENATE.

IN SENATE.
Mr. MORTON submitted letter received from Mr.
d. Yuee, the subject of the report of the Select
Committee giving the seat to Mr. MALLORY which he
asked might be read.
The letter was read at length 1t asks that an oppor
upity may be afforded him to be heard in person. when
the report Of the Select Committee up for onsidera
ton, Sc.
Mr. BADGER then moved that it lie on the table and
be printed; which agreed to-
Mr. MORTON submitted the following resolution
Resolced That the Hon. D. L. Yuee who contests the
Of the Hon R. Mallory have leave be heard person
the bar Of the Senate.
On motion by Mr. BADGER the resolution was order
ed to lie on the table for the present.
REPORTS FROM COMMITTEES.
Mr. HUNTER, from the Committee on Finance, to
which referred the following bills Bill amenda-
tory of the several acts regulating the apprasement
of imported merchandise, and the efectuay to
prevent frauds against the revenue introduced by the
Senator from Rhode Island, Mr. JAMES, and one Of
the title introduced by Mr.. STOCKTON, report
ed back the same with recommendation that they be
postponed until the next session. there being time al
lowed the committee fer proper investigation.
Mr.. BADGER, from the Committee the Judiciary,
which referred the bill from the House of Repre-
sentatves declaring the Wheeling bridges lawful struc
lures and for other purposes reported back the same
without amendment and recommended its passage.
Mr. BADGER observed that as the committee had not
time to make written report, perhaps it would be as
well for him to make brief statement 1t has been sup
posed that the bill intended to exercise revisory
power over the decisions of the Supreme Court by
ruling, modifying or controlling the same. This was
total mistake 1t proceeded upon the suppostion that
the judgment of the Court altogether right They
exercised their legislative functions the Court did its
Judicial functions. If there any thing in the law
that made the bridge nuisance this bill proposes put
it out of the way by legislative enactment by making the
bridge public highway and requiring vessels navigating
the river to make their chimneys conform to the height
of the bridge which they had undoubted right do
of
river Some of the memorials and papers in reference
this subject had INDUCED in expressions tending dis
parage the learning the intelligence and the impartaty
of that high judicial tribunal The committee sympa-
hized with such expressions but looked them
highly improper and indecorous, alike unjust invdious
and mpolitc In the exercise of their legislative unc
tons they thought it right to put out of the way by legs
aton Of Congress- in virtue of which it became necessary
to put down this structure useful to the country and an
honor the age and land in which they lived recession
was rsEns 70 aSos~ s ns for aetiSn was very brief
portance, he would ask the Senate to consider the bill
once.
Mr. BR0DHEAD did not concur in the views of the
Senator from North Carolina. However the committee
regard the decision Of the Supreme Court the bill
did interfere with that decision by preventing it from
being carried into effect
Mr. MASON expressed the hope that this bill would BE-
taken up and disposed Of If passed this session il
would be too late and the States of Ohio and Virginia
would be brought into collision with the Supreme Court
After remarks from Mr.. SHIELDS and Others
Mr.. BADGER said he hwould leave the responsibility
to rest where it belonged
Mr. HALE would vote for taking up the bill, because
he had amendment TO offer, which to attach to it
private bill that had been passed session after session.
and he knew this bill would pass both Houses the last
chance he could possibly have would be to attach it to
this bill
The yeas and nays were then taken the motion of
Mr. BADGER, and it was decided III the negative
YEAs-Messrs. Atchson Badger, Bayard, Bell, Brooke
Dawson Dsaussure, Downs Hale, Houston Hunter, Jones
of Mangum, Merwether,
Pratt, Rusk, Shields, and Weller-2l.
NAYs-Messrs Adams, Borland Bradbury Bright, Brod
head Butler Cass Charlton Chase Clarke Davis Dodge Of
Wisconsin, Dodge Of Iowa. Douglas Fech, Fish, Foot Geye
Gwin Hamln, Jones Of Iowa, King Miller, Seward, Smith,
Soue Spruance, Stockton Sumner Toucey, Underwood
Upham and Wade-33.
Mr. B0RLAND, from the Committee on Public Lands
to which referred the bill granting bounty lands
certain officers, seamen and others who have been
gagged in the naval service Of the United States reported
it back with q Recommendation that ii do not pass
Mr. BADGER, from the Committee on Naval Affairs,
reported bill for the relief Of the suretes Of Robert s.
Moore late purser in the navy accompanied by report
which was ordered to be printed.
|. On motion by Mr. PEARCE,
Rsoed That the vacancy in the Board Of Regents Of the
Smithsonian Institute occasoned by the resignation Of the
Hon. Jefferson Davis be filed by the President Of the Senate
Mr. WELLER moved TO take up the motion made on
the 18th instant to reconsider the vote agreeing the
resolution submitted by Mr. WELLER the 18th Of June
in relation to charges preferred by Col Mcclellan against
J. r. BARTLETT and after remarks and a reply by
CLAhhB, the quesuon was taken by yeas and nays
and decided in the affirmative:
YEAS-Messrs. Atchison, Badger Bayard Borland Brad
bury, Bright, Brodhead Brooke Ruer Glass; Charlton De-
Dodge Of Wisconsin Dodge Of Iowa. Douglas Downs
Fech, Geyer, Gwin Hamlin Houston King, Mason, Mer-
weher Rusk, Seward, Shields, Stockton Toucey Walker
and Weler-3l.
NAYs--Messrs Bell, Clarke, Davis, Dawson Fish, Hale
Hunter, James, Jones Of Iowa, Jones Of Tennessee Miller
Pratt Smith, Sumner, Underwood Upham, and Wade-1s.
The motion to reconsider was then put by the CHAIR
and the Senate refused reconsider the passing
resolution.
RIVER AND HARB0R BILL.
The Senate then took up the River and Harbor bill ;
and all the amendments made in committee agreed
to and at quarter past six o'clock the question was
taken ordering the bill to be engrossed for third
reading, and decided in the affirmative:
YEASMessrs Bayard, Bell Borland Cass Chase, Clarke
Cooper Dodge Of Wisconsin, Dodge Of Iowa. Douglas Fech
Fish, Foot Geyer Hale, James, Jones Of Iowa. Jones Of
Tennessee Miller Morton, Pearce, Pratt, Rusk Seward
Shields Smith, Spruance, Sumner Underwood, Wade and
Walker-3l
NAYS-Messrs. Atchison, Bradbury Bright Brodhead
Brooke Butler, Charlton Dawson Hamn Houston Hunter
Mallory Mason, Merwether, Soue Toucey and Weler17
And the Senate adjourned
HOUSE OF REPRESENTATIVES,
The SPEAKER has appointed the following gentlemen
constitute the committee to investigate all the facts
touching the connexion Of Thomas Corwn the nresept