Washington sentinel., 1854-01-05
Gongrfssional.
THIRTY-THIRD CONGRESS-.
FIRST SESSION.
In Senate Wednesday, January A, 1854.


/ FIRST SESSION.
In "Wednesday, January A, 1854.
The Hon. S. K. MALLORY, Of Florida, appeared
4 in the Senate to-day.
\ TERRITORY OF NEBRASKA.
/ Mr.. DOUGLAS, from the Committee ON Terri
tories reported back the bill 10 establish terrific
rial goyernmentto for Nebraska, with various amend
4 ments, In the shape of substitute for the whsle
biii accompanied by report, which was ordered
! 10 be printed.
Subsequently, on motion by Mr.. DODGE, of
Iowa, live thousand copies of the report OF the
COMMITTEES were ordered 10 be printed.
The hrst section of the bill contains the follow
| ing provisions:
"All that part of the United States included
within the following limits, except such portions
thereof as are hereinafter expressly exempted
from the operations of this act, to wit, beginning
at the southwest corner Of the State of Missouri;
thence running west on the line Of thirty-six de-
grees and thirty minutes OF north latitude until il
lntersects the one hundred and third meridian of
longitude west of Greenwich; thence north on the
said meridian until il intersccts the thirty eighth
parallel OF north latitude; thence west the said
/ parallel OF latitude to the summit of the Rocky
mountains; thence northward along and upon
| the summit OF the said range of mountains
TO the western boundary of the Territory of
Minnesota, thence southward and with said
boundary TO the Missouri river, thence down the
centre OF the main channel of said river to the
State OF Missouri, thence south on and with the
western boundary of said State 10 the place of be-
ginning, be, and the is hereby, created into
| a temporary government, by the name Of the Ter
/ ritory OF Nebraska ,sand when admitted as State
or States, the said territory or any portion of the
same shall be received into the Union with or
without slavery, as their constitution may pre-
scribe at the time Of their admission: Pyocided,
That nothing in this act contained, shall be con-
strued TO inhbit the government of the United
States from dividing the said territory into two or
more territories, in such manner, and at such
times, as Congress shall deem convenient and
proper or from attaching any portion of SAID terri
Tory 10 any other State or Territory of the United
| States.
In the ninth section there is a provision made,
allowing wrts of error and apeals 10 the Supreme
Court in all cases involving title to slaves without
regard to the value ofhe matter, property title
| in question.
Writs of error and appeals to the Supreme
Court are allowed from all decisions of the local
courts upon writs of habeas corpus, involving
questions of personal freedom.
The tenth section is as follows:
And be IL enacted, That the provisions of the act
entitled An act respecting iugtives from justice
and persons escaping from the services of their
masters" approved 18th February, 1913, and the
provisions ofthe act to amend, and supplementary
TO the aforesaid act, approved September 18th,
1850, be, and the same hereby declared TO ex-
tend TO and be in full force within the limits Of the
said Territory of Nebraska.
The bill further provides that for the present the
at Fort Leavenworth
VERMONT SENATOR. 4
The Senate then resumed the consideration of
the resolution submitted yesterday by Mr.. Sew
ARD, 10 refer 10 the judiciary Committee the ques-
ton as to the right of the Hon. S. S. PHELPS 10
represent the State of Vermont in the Senate.
Mr.. FOOT said that all, doubtless, appreciated
the delicacy and embarrassment of the position
of his colleague, that position was not his own
seeking. Though he might be apprehensive Of an
appearance of obtrusiveness in thus resuming his
seat in the Senate he was but acting in obedience
TO sense of duty to the people and the State who
had so long honored him with seat in the Senate,
and which he had filed with such distinguished
ability. The opinion prevailed in Vermont, and
it prevailed in the legislature Of that State and
doubtless, had controlling influence in reference
to its action in eecting Senator, that in the
event of failure on the part of the legislature to
fill the vacancy, the previous appointment by the
executive would continue. His colleague could
do no less than present himself here, and submit
to the Senate the decision Of that question. He |
then urged the propriety of referring the question
to the committee for examination and report.
Mr.. BADGER supported the motion TO refer,
and suggested TO the Senator from Vermont (Mr.
PHELPs) the propriety of making known his own
views TO the Senate upon the question He, (Mr |
b. however, frankly admitted, though he had not
closely examined the subject, that all his previous
inclination Of opinion had been strong and clear
against his right TO continue in his seat.
Mr.. BUTLER did not desire TO have il inferred
from what he SAID yesterday, that had any aver
sion to the subject being sent to the Judiciary
Committee. AS a motion was made to refer, his
respect for the Senator himself, his respect for
the State of Vermont and his respect for the COM
mission which the gentleman held induced him to
withdraw all opposion to the reference
Mr.. PHELPS then explained his position, and
stated the legal ground on which he claimed the
The expression or the Constitution under which
this appointment was made is in these words, if |
recollect them rightly, in case of vacancy, such
as occurred by the decease Of Mr. Upham; the
executive of the State is authorized "to make |
temporary appointments until the next meeting of
the Legislature of the State, which shall then
fill such vacancy" The impression to which
allude, expressed by the honorable Senator from
North Carolina, is. that the limitation implied in
the words until the next meeting of the legisla-
ture, is limitation Of the Office or appointment
which therefore terminates the right Of the ap- |
pointee.
This impression, Iapprehend, is altogether erro- |
neous The limitation, in my judgment, applies |
to the power of the executive, and nothing else
and viewing il, in this light, as limitation upon
the power of the executive, the language of the
Constitution, until the next meeting of the legis-
ature," is peculiarly appropriate.
Mr. p. sustained this construction Of the pro- |
vision of the Constitution by several precedents,
which he held TO be decisions of analogous cases |
After few remarks from Mr.. SEWARD, the |
motion to refer was agreed to.
HONOR TO GENERAL WOOL.
Mr.. SHIELDS from the Committee on Military |
Affairs, reported back House joint resolution ten
dering to General John E. Wool the thanks of
Congress for his distinguished services in the late |
war with Mexico, and requesting the President /
to cause sword with suitable devices to be pre-
sented to General Wool as testimony ofthe high |
sense entertained by Congress Of his gallant con-
duct.
The resolution was considered and passed.
wAREHoUsING SYSTEM.
On motion by Mr.. HUNTER, the Senate pro-
ceeded TO the consideration of the bill to extend
the warehousing system by establishing private
bonded warehouses, and the same was read a
third time and passed
MILITARY ASYLUM.
On motion by Mr.. JONES, of Tennessee, il was
Reoired That the Secretary of War be requested TO fur
nis the Senate with the report Of the of comm
sioners appointed to locate military aylums II one has
been made. 80
REGISTERS TO VESSELS.
Mr.. HAMLIN reported a bill changing the
name Of the brig John Dutton, to Emma Eyer,