The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-29

NppTOpTlAUOn
bill independent legislation which it had insisted upon
when the House had refused agree to it, and whether
any appropriation bill had been lost by refusal on
the part OF the Senate to recede from such legislation when
the matter wis referred 10 committee Of conference
Mr. CAMPBELL reDlieh lat he could not answer the
4-esuon.
Gr PHELPS of Missouri informed the gentleman that
the Senate had never insisted distinct legislation In an
appropriation bill in opposition TO the House. 5....
Mr. CAMPBELL (continung) said that he willing to
go as far any to maintain and concord among
the people of both sections of this conederacy but thought
that he would be false to himself false to his constituents
and false his God if he in any way either directly or
indirectly endorsed the enacments of the territorial egs
ature of Kansas. He anxious to return to his
home any member of the House but he still hoped that
they would be able to pass the BILL and willing TO re-
main in the hope that committee Of conference the
part of both houses invested with full power the
whole subject would be able to agree upon plan by
which the difficulty in the way Of agreement between
the houses would be removed Believing that this would
finally be DONE he should remain here ready TO act and
opposing every motion TO adjourn until the work for
which they had been called together had been accomplish
ed In conclusion he moved that the House adhere to its
disagreement TO the amendment of the Senate,
Mr.. STEPHENS of Georgia. although very anxious that
the House should come to vote desired to say few
words in reply the remarks of the gentleman from Ohio
The gentleman has said that he would an
acknowledgement of the validity of the laws of the legsas
tive assembly Of Kansas and that the proyiso simply
declared that no money should be used in aid OF the
enforcement of those statutes. He submitted to the
gentleman and to the House that they not the
petent power under the constitution of the United States
pass upon the validity of those laws the validity Of
all laws both the States and Territories was question
for the determine The President could not call
the military in all of the execution of any law except
under the acts of lT95 and 1905 Under the first he could
call the militia and under the last he could call upon
military force but in both cases only in aid OF the
cution Of the decree of court The purpor of the
proviso attached to the army bill was, that no money
should be applied to the execution of the territorial laws
of Kansas until their validity had been passed upon by
Congress Congress had right to pass and the House
might pass law declaring those laws invalid and yet the
| Cnft
and executing them holding them to be valid The only
way provide-and the organic law did it in part
that the question of the validity of those laws might be
carried to the Supreme Court of the United States and
there determined where the validity Of all laws passed by
Congress must ultimately be determined. If Congress
determine that those territorial laws invalid
the Supreme Court might be of a different opinion.
The only question was, whether they were passed by
properly constituted awmakng power and if they were il
the legislature that enacted them properly organized
and constituted that matter which Congress had
TO inquire into and which 1t was for the courts to
deerminef they did not transcend the authority of the
organic law the constitution of the United States and
the courts decidedno ofCongress would nvalidae
those decisions Congress might assume jurisdiction for
the future but they had constitutional right TO pass
upon the validity of those laws With regard to the
action of the Senate upon other appropriation bills the
fact that that body had made the point upon
the House when it had insisted upon striking out any of
the provisions of bill which outside OF the legitimate
operations of appropriation bill The Senate had
assumed the attitude of stopping the wheels of govern
ment He submitted it to the intelligence of the House. if
separately and why the position of stopping the
wheels of government unless the particular legislation they
desired carried in this b2 lie moved that the House
recede from its insisting upon its disagreement TO the
Senate amendment and called the previous question.
The previous question seconded and the main question
ordered.
The question was first taken the motion to recede
which decided in the negative-yeas 81, nays 100.
The question then taken the motion OF Mr. CAMP
to adhere and it was agreed toyeas l0 nays 97s
follows:
lhriyb EOn Rail Rarh Rar
clay bennett Of New York Benson Binghurst Bingham,
Bishop, Bliss, Bradshaw, BrenOn Butnton, Campbell OF
tca csWson, coIfa1 cooins, covode, Cragn cumbaek,
Damrell, Dean, De Witt, Dick, Dickson, Dodd, Dunn,
dings, GILBERT Grange, Grow Harlan Holloway Horton
Of New York Howard, Hnghson Kelsey, King, Knapp,
McGarty Miller OF New York. Mllward, Morgan, Merrill,
Mott Murray, Norton Oliver of New York, Parker, Pei
Robbins Roberts Robson sabn, Sage sapP Scott, sher
man, simmons Spinner, stanton, sTanshan, Tappan,
wsbrdge, wadron, washbnrne Of Wisconsin, washburns
Of Illinois, washburn of Maine, WEIGH, Wood, Woodruff,
NAYs-Messrs Aiken Akers, Barksdale, Bell Bennett OF
Mississippi Bocock Bowie Boyce, Branch Broom Burnett
man, Cobb Of Georgia, Cobb Of Alabams, Cox, Crags
Crawford Cullen, Davidson, Denver, Dowdel Edmundson
Ter Of Maine Goode Greenwood Harris of Maryland Har.
ris of Alabama Harris OF Illinois, Harrison Haven, Kick
Of Kelly, Lake. Ietcher, LindIey Lumpkin
A. X. Marshall of Kentucky, II; Marshall Of Kentucky
Marshall OF Illinois, Maxwell, McMulin, Mcqueen, Mil
Ter Of Indiana Mllson, Oliver Of Missouri Orr, Packer
Peck, Phelps, Porter, Powell Quman, Ricand Rivers,
Ruin, Rust Sanddge, Savage, Seward Shorter, Smith Of
Tennessee, Smith Of Virginia, Smith Of Alabama Sneed
Stephens, Stewart, Swope, Talbot Taylor Tyson, I'm
derwood, Vail, walker Warner Wells Wheeler, Whitney,
Williams, Winsow, Wright of Mississippi, Wright of Ten
nessee, and Zollicofer-97.
Mr.. CAMPBELL moved to reconsider the vote by which
the House bad resolved to adhere its disagreement to
the Senate amendment and it agreed oyeas 3d. nays
! ga
i On motion Of Mr. DAVIDSON Of Louisiana, Senate bill
correcting the mistake which occurred in the enrolment
the civil and miscellaneous BILL by which the clause appro
prating $50 900 for completing the marine hospital at Gin
cnna and the clause appropratng 03 for huprov
ing the battery Washington street and the roadway
around the cusom-house at San Francisco omitted
was taken up and passed.
The House then took a recess until one o'clock.
| After the recess,
| Mr. WASHBURNE, of illinois, moved that when the
House adjourn it ad ourn to meet Monday next which
motion not agreed to--yeas 36, nays LAT.
The Senate having acted upon the resolution Of the
House of yesterday fixing to-day at four o'clock for the
final termination Of the session OF Congress the House took
another until haEpast two o'clock to await Its
! ton
! On reassembling,
1 Mr.. BARCLAY of Pennsylvania, moved that when the
House adjourn IL be TO meet Monday next which mo-
| ton not agreed to-yeas 81 nays l5T.
! Mr.. WALKER Of Alabama moved 10 reconsider the
just taken and to lay that motion the table which
was agreed to-yeas ia, nsys %.
The House them at three o'clock, adjourned until to-
morrow at twelve O'Clock.
SICKNESS COLUMBUS GEopGAThc editor Of the Mont
pomery Journal regrets learn that there has been much
fatal sickness in Columbus Georgia and suffering among
the families Of the afflicted relief club tho plan Of
! nF