The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 383
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CONGRESSIONAL QLOBE.
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on a river, and sent their produce down upon the
annual flood, should t>e liable to send their colored
seamen into servitude* when they sent their prod-
uce to market.
Mr. JOHNSON expressed the hope that the
question would be taken.
Mr. SIMMONS remarked that, if this provision
in the constitution of Florida was a common thing,
as had been contended by the senator from Arkan- -
sas, [Mr. Sevier,] he would not object to it. But
such was not the case. The senator from Indiana
[Mr. Huntington] had taken his State to task for
the provisions in her constitution, drawn up two
hundred years ago; and had spoken of the admission
of Rhode Island into the Union. Now, he would
not consent to have it said that Rhode Island was
admitted into the Union; for she began that Union.
She did not unite with other States, but they united
with her. What had struck him as peculiar in the
constitution of Florida, was a delegation of power to
the legislature of that State, which, by the consti-
tution of the United States, belonged to Congress,
The Senate was now called on to endorse that grant;
and if it did so, it would be said that the power was
delegated by Congress.
Mr. SEVIER said that the constitution of Flori-
da merely gave the legislature the right to exercise
this power, if they thought proper.
Mr. SIMMONS said that, ordinarily, the legis-
lative power of the State was grafted to the legisla-
ture, with certain exceptions and reservations to
the people; but in this case it was different.
Mr. SEVIER asked why the senator did not di-
rect his artillery against the constitution of Iowa,
which did not allow a colored person to vote.
Mr. SIMMONS said he did not wish them to
vote.'
Some conversation ensued between Messrs. EV-
ANS and BERRIEN.
Mr. EVANS replied to the argument of the sena-
tor from Georgia, that colored persons were not
fellow-citizens in any State of the Union. That
senator had alleged two reasons why they were not
citizens; one, that they could not sit on juries; and
another, that they could not intermarry with white
persons. He (Mr. E.) regarded neither of these
as good reasons why a man was not a citizen.
There were some white men who could not sit on
juries; and many who could not marry. A white
man could not marry his grandmother; but that did
not make him any the less a citizen. But he would
not say more, as he was for concluding the debate.
Mr. CHOATE said that the best answer lie
could make to the high-toned and dogmatical argu-
ment of the senator from Georgia [Mr. Berkikn]
would be, to read a portion of a decision of the Su-
preme Court of the United Stati-s, made by Judge
Johnson ol'South Carolina, in which the power of the
Stales to interfere, as the senator had contended they
might in these eases, was denied. That opinion was
also in accordance with the argument of Mr. Wirt
before the court. All that he (Mr. C.) solicited,
was an oppoitunity to have the right of the south-
ern States to arrest the colored citizens of the Nonh
brought directly before the Supreme Court of tho
United Slates foi its decision.
Mr. BERRIEN rose to correct a misapprehension
of his remarks. He would not exchange the word
"dogmatical" for any other, if it were consistent
with the usual courtesy of the Senate. He did not
mean to assert what he had, dogmatically, but with
the force of truth, and without intending any disre-
spect to the late Judge Johnson or Mr. Wirt. But
the opinion referred to was founded upon the fact
that a previous law was overlooked. The demand
of the British minister for certain persons detained
by one of the States was in direct conflict with that
very opinion.
Mr. CHOATE said he had objected more to the
tone than the words of the senator from Georgia,
lie held these laws of the southern States to be un-
constitutional, as far as he could see them, and when
it was said here that be was not to regard them as
such, he would throw back the assertion. He did
not think there could be any doubt but that the
opinion of Judge Johnson and Mr. Wirt was
founded upon the ground that these laws of the
States conflicted with that provision of the United
States constitution which gave to Congress alone
the power to regulate commerce.
Mr. BERRIEN was satisfied, from the remarks of
the senator, that he had not examined the case to
which he referred. The decision of Judge Johnson,
he was sure, was not founded upon the provision in
the constitution alone, but was based on the treaty
between the United States and Great Britain.
After" some further remarks between Messrs.
BERRIEN and CHOATE,
Mr. WOODBURY said that he should vote
against the amendment of the senator from Maine;
but, in doing so, he protested against the conclusion
that his vote was given either for or against the con-
stitutionality 0/ the laws enacted by some of the
southern States, of which senators^ had complained.
The senator from Rhode Island [Mr. Simmons] had
said that if we thought the provision in the constitu-
tion of Florida unconstitutional, we should strike it'
ut. Now it was well known that Congress did not
verhaul the constitutions of other States when they
,/ere admitted; and certainly they should not over-
haul the constitution of Florida. That was the duty
/of the judiciary, and not of Congress. The oniy
doubt he had about the matter rested upon the rights
which the citizens of one State had in another State.
By leaving the constitution of Florida as we found
it, we did not delegate any power to the legislature
whatever. It was tho people of Florida, and not i
Congress, who bestowed power upon that body. {
The question was then taken on Mr. Evans's ]
amendment, and decided in the negative, as fol- j
lows:
YEAS—Messrs. Clioate, Dayton, Evans, Francis, Hun-
tniLaon, Miller, Plielps, Porter, smnnons, "Upham, White,
and Woodbndgc—15.
NAYS—Messrs. Allen, Archer, Ashley, Atchison, Athev-
ton, Bagby, Barrow, Ba) aril, Benton, iiemen, Breese,
Buchanan, Colquitt, Crittenden, Dickinson, l)i\\ F'airlield,
Foster, Hannegan, Haywood, Henderson, linger, Johnson,
Lewis, iMcDutiie, Mangum, Menick, Moieliead, Niles,
Semplc, Sevier, Sturgeon, Tappan, Walker, and Woodbury
—85.
Mr. WOODBRIDGE desired to know whether
the boundury dispute between Iowa and Missouri
had been settled; and also whether the population
of Florida was sufficient to entitle her to admission
at this time. He apprehended that Florida had
little more than half of the requisite number of in-
habitants.
f Mr. BERRIEN said there had been some doubt
about the population of Florida on the part of the
Judiciary Committee—the census not having been
taken generally 111 1840 owing to the disturbed state
of the country. The delegate from the Territory,
however, had appeared before the coinmittce anil
satisfied it that the population of the territory was
more than 90,000. In relation to the boundary
difficulties between Missouri and Iowa, they had
been obviated by provisions inserted in the bill.
After sonic remarks from Mr. WOO BRIDGE in
opposition, the bill was reported back to the Senate
land oiderud to a third reading.
It was then passed by the following vote:
YEAS—Messrs. Allen, Ajchei, Ashley, Atchison, Atliei
ton, Iiagby, 15m row Haj arcl, Benton. Remen, !'u it ,
Buchanan, Colquitt, Crittenden, Dickinson, Uix, Fantield,
Fostei, Ilaunegan, Haywood, Henderson, Hugrr, Johnson,
f.eu'is, JVtcDufKe, Mangum, Merrick, Moieliead, Nites,
Semple, Sevier, Sturgeon, Tappan, Walkei, White, and
Woodbury—3fi.
NAYS —Messrs. Choate, Evans, Fiancis, Huntington,
\Miller, Phelps, Simmons, I'pham, and Woodbndge -'I.
CIVIL AND DIPLOMATIC APPROPRIATION
On motion of Mr. EVANS, the Senate took up
the civil and diplomatic, appropriation bill, with the
amendments of the House. He moved that the Sen-
ate insist on its amendments, and ask a conference.
Agreed to.
Mr. MERRICK reported the bill to establish ad-
ditional post routes, without amendment.
Mr. WOODBRIDGE reported the harbor bill,
without amendment.
INDIAN APPROPRIATION BILL.
On motion of Mr. EVANS, the House bill ma-
king appropriation for the Indian service, for the
year 1845-6, was taken up for considciation, and
two amendments weie adopted.
Upon the thiul amendment a debate of consider-
able length arose.
The provision of the House was for the removal
and subsistence for one year of the Choi ktaw In-
dians; and the amendment offered by Mr. Evans
was to fund at 6 per cent, the amount of their land
scrip, applying the interest to their annual support
after they are removed.
The subject was debated till midnight by Messrs.
WALKER, EVANS, CRITTENDEN, anil SE-
VIER, and then postponed till Monday.
On motion of Mr. EVANS, it was agreed that
when the Senate adjourned, it should be to Monday
morning at 10 o'clock.
Mr. WOODBRIDGE presented the credentials of
the Honorable J_.ewis Cass, elected by the general
assembly of Michigan, as senator of the United-
States, for six years from the 4th instant. They
were read, and laid on the table.
Mr. CRITTENDEN offered a resolution increas-
ing the pay of the messengers and employees of the
Senate for the present sesssion. It lies over in ac-
cordance with the one-day rule.
Mr. MOREHEAD offered a resolution for the
printing of 5,000 extra copies of the report of Lieu-
tenant Fremont's expedition to Oregon. It lies over
in accordance with the one-day rule.
On motion of Mr. MERRICK, an executive com-
munication on the table was ordered to be printed.
At 12 o'clock, (midnight,) after being in session
11 hours,
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Saturday, March 1, 1845.
Mr. CAMPBELL rose to ask a personal favor
the House. From extreme indisposition he had
left the House last evening, under the expectation
that the vote on the Texas question would not be
taken until late at night. Unfortunately, he was'ab-i
sent when the vote was taken. As it would not alter
the result, ho now asked the unanimous consent of
the House to record his vote. It was probably one
of the last votes he should give in the House of Rep-
resentatives. *
[Cries of "consent;" and not a dissenting voice
was heard.]
The unanimous consent being accorded, the vote
of Mr. Campbell was recorded m the affirmative on
the question of concurrence in the Senate's amend-
ment to the joint resolution for annexing Texas to
the United States.
Mr. McKAY hoped the House would consent to
take a recess from half-past 2 to half-past 4 o'clock,
this afternoon.
The SPEAKER said it was so obvious that there
was no quorum present, that no business could prop-
erly be done.
There were not at this time. over 45 members
present.
Mr. WELLER called for the reading of the jour-
nal, and said he apprehended the Chair would not
presume that there was no quorum, as this was the
hour for meeting.
The Clerk commenced the reading; but before he
liiul proceeded far,
Mr. HOPKINS moved to dispense with the read-
ing of the journal, in order that the House might
go into Committee of the Whole on the suite of the
Union, to lead the bill to establish certain post
routes, in which all the members were interested.
It could be read in ten minutes; and unless it was
now taken up, it must fail for this session.
The Airthcr reading of the journal was dispensed
with.
Mr. BRENGLE asked leave to present certain
resolutions of the legislature of Maryland.
The matter was not pressed; and the resolutions
were not received.
POST ROUTES.
On motion of Mr. HOPKINS, the House resolved
itself into a Committee of the Whole on the state of
the Union, (Mr. McClelland in the chair,) and
proceeded to the consideration of the bill "to estab-
lish certain post routes."
The general reading of the bill was dispensed
with at the suggestion of Mr. HOPKINS, and the
bill was read by sections for amendment.
Amendments offered by Messrs. DANA and
McILVAINE were adopted, and an amendment
by Mr. POLLOCK was rejected.
Amendments for additional post routes were fur-
ther offered by Messrs. STILES, BOYD, ASHF,
BRODHEAD, SAMPLE, and JOHN W- DAVIfc;
all of which were adopted.
On motion of Mr. TIBBATTS, the following
amendment was adopted:
Fiom Newport by the way of the mouths of Pour-mile
and Twelve-mile creaks, to Carthage, in Campbell county.
From Warsaw, m Gallatin county, by the way of Napole-
on oi Beech Park, in said county, and Dennysville and
tVilhamstown, in Grant county, to Falmouth, m Pendleton
county.
Other amendments were offered by Messrr.
STILES, JENKS, HOPKINS, A. KENNEDY,
GRINNELL, and HUBBELL.
Amendments further offered by Messrs. HAR-
DIN, A. KENNEDY, and LYON, weie adopted.
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/399/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.