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Admission of Missouri.
without presenting their constitution." This may have been the case. Circumstances have been different, especially with Vermont; and the manner of this transaction less formal and correct than at the present time. Because another State has been received, which did not present her constitution, does it follow that Congress must not examine the constitution of Missouri? It matters not in this case what has been done; the constitution is here presented to Congress. "But you have no power to control a constitution." For what purpose, then, is it sent here. To lie on our table? Congress had power to control the constitution of Louisiana. Have they less power than they then had? In this case they said to the Convention, send a true and attested copy of your constitution *here, and if the same shall not be disapproved by Congress at their next session, the said State shall be admitted into the Union. This is all the power for which we contend; and this is a privilege which Congress has had, and still has, a right to exercise.
"Louisiana, Ohio, and other States, declare how persons coming into them shall obtain a residence." This we readily admit; and against such regulation have no objection. But does it follow, because certain States prescribe conditions on which emigrants shall gain a residence, therefore Missouri has a Constitutional right to prohibit the citizens of other States from settling in her territory? Really I do not see the force of the argument.
"States have made a distinction between white people and blacks." This is very true; so they have between white people. South Carolina has distinguished that gentleman in giving him a seat here, and that very justly; and he has nobly distinguished himself. And what is this to the point? "But in the Eastern States, they whip black people-not only once and twice, but ten times, and every ten days." This may be true; and equally true, that they whip white people when they violate their laws; and continue to whip, black or white, as long as they continue to violate wholesome laws; and I suspect will persevere in the practice until they reform or emigrate to South Carolina, where they may receive better treatment. Does this prove any thing with respect to the constitutional power of Missouri?
But, says the gentleman, "New Hampshire excludes negroes from training." This is very true; and so they excuse many white people. This only places them among the exempts; generally, the first class in society. And from this very circumstance, they have the privilege of walking about with the other gentlemen and seeing the soldiers train. It neither deprives them or any other person of citizenship or any other privilege.
Blacks, then, are not degraded in New Hampshire. Custom has made a distinction between them and other men; but the Constitution and laws make none.
Mr. President, a few words in reply to what has fallen from the gentleman from Maine, (Mr. HOLMES,) and I shall have done. He observed, purchasers under the United States are not re
stricted. To maintain this position, he took occasion to explain the Constitution of the United States, and that of Missouri, the incorrectness of which will more fully appear in his after remarks, in the application of the principle. As my former argument had a particular allusion to these opinions, any further refutation is unnecessary.
This gentleman says, "the doctrine that free blacks have a right to enter free States, is dangerous." I am a little surprised to hear a gentleman of so much acuteness in disquisition upon Constitutional law, calculating upon consequences which have no immediate connexion with the subject. He might as well argue, that a commercial enterprise to the Euxine sea, would be detrimental to Massachusetts, and therefore Missouri must keep all free citizens of color out of her territory, as to argue that if free blacks may enter any free State, Maine will be infested with them; and therefore, Missouri must prohibit their settling in that State.
"A State may exclude any person." Here we are at issue. I by no means admit the doctrine. Any State may regulate the terms upon which emigrants shall become residents; but no State has any right to exclude them. To utterly prohibit, and regulate by law the terms of inhabitancy, are materially and essentially different; and one within the municipal power of every State, the other expressly prohibited by the Constitution of the United States.
But, says the gentleman, "the Constitution means, when they get in, they shall have privileges, but they may be kept out." This is a little curious, for a gentleman learned in the law. Then, if a person were to ascend in an air balloon, at a small distance from the line of Missouri, and safely land within her territory, the constitution secures to him "privileges and immunities;" but it makes no provision for his crossing the line by land. Under this exposition, where is the "free ingress and regress" of the citizens of each State guarantied by the Constitution? Sir, your constitution is like a nose of wax. Your liberties and privileges are a bubble. Your union, domestic tranquillity, and prospect of common defence, are prostrated to the ground. But, says the gentleman, this doctrine is certainly correct, and to test his principle, he adds, "send a mulatto man here, should we not feel our rights invaded? This has no connexion with the question. It is possible some gentleman might feel his rights invaded. But I would inquíre, in my turn, what rights are invaded? And I would seriously ask the Senate, if any State in the Union were duly to elect a yellow man Constitutionally qualified, commission and send him here with his credentials, you can exclude him a seat? You have a right to decide on the qualifications of your members; but color is no more a qualification than height, profession, or nation. The gentleman observes, "a mulatto, though a citizen in one State, going into Missouri, has no other rights than a mulatto has in Missouri." Here we are at issue again. This doctrine I flatly deny. The salubrious air and fertile soil of Missouri can never metamorphose a free citizen into a slave;
But the gentleman, in a very affecting tone, enlists all our sympathies, in view of the consequences of rejecting this unconstitutional instrument from Missouri. For these, sir, I conceive Congress is not accountable; and, therefore, such imaginary phantoms are not proper subjects of discussion, nor suitable beacons to direct our course. Missouri was permitted, under a law of Congress, to form a constitution, "republican, and not repugnant to the Constitution of the United States," and "transmit an attested copy of such constitution to Congress." It was expected she would perform this in good faith. If she has utterly failed-formed and presented a constitution repugnant to the Constitution of the United States, and unpleasant consequences result, the fault is her own. There can be no provision in the constitution of Missouri inadvertently introduced; of course, all the consequences rest upon Missouri. These, however, are not to come into our consideration; the Constitution of the United States alone is to direct our course.
But the gentleman discovers another difficulty, in case this constitution is rejected: he is unable to determine in what condition Missouri will be, whether Territory, or State, or neither. With respect to this, sir, I have only to observe, if that gentleman cannot divine, I presume it is within the scope of Congress, and merely that circumstance would not convince me the object is unattainable.
I would also add, that every difficulty of this kind which could possibly have arisen might have been avoided by precautions similar to those observed by Maine. She, in the first place, petitioned the Legislature of Massachusetts for leave to form a constitution and independent State. This was granted. She then formed her constitution, and fixed her election for State officers after the probable time of the adjournment of the then next session of Congress. She presented her constitution for the approbation of Congress and admission into the Union. This was done. After she became, by an act of Congress, a State in the Union, she elected her officers, and organized her government. If Missouri had pursued the same moderate and consistent course, there could have been no possible difficulty with respect to her character or condition.
Mr. President, these being my views of the subject, I close my remarks, after presenting my thanks to the honorable Senate for the great candor and attention with which they have indulged me while I have occupied their time.
Mr. MACON followed the above speech with a motion to recommit the resolution to the select committee which reported it, with instructions to strike out the proviso adopted to-day on the motion of Mr. EATON. Mr. M. had no doubt whatever of the propriety of the naked resolution as
reported, and was opposed to the proviso; he therefore proposed this mode of getting rid of it.
The question on recommitting the resolution was decided in the negative, by yeas and nays, as follows:
YEAS-Messrs. Burrill, Dickerson, King of New York, Lanman, Lowrie, Macon, Mills, Morril, Noble, Palmer, Roberts, Ruggles, Sanford, Smith, Tichenor, Williams of Tennessee, and Wilson-17.
NAYS-Messrs. Barbour, Brown, Chandler, Dana, Eaton, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of Alabama, Lloyd, Parrott, Pinkney, Pleasants, Talbot, Taylor, Thomas, Trimble, Van Dyke, Walker of Alabama, Walker of Georgia, and Williams of Mississippi-27.
The question was then taken on ordering the resolution, as amended, to be engrossed and read a third time, and was decided in the affirmative, by yeas and nays, as follows:
YEAS-Messrs. Barbour, Brown, Chandler, Eaton, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Horsey, Johnson of Kentucky, Johnson of Louisiana, King of Alabama, Lloyd, Parrott, Pinkney, Pleasants, Smith, Talbot, Taylor, Thomas, Van Dyke, Walker of Alabama, Walker of Georgia, Williams of Mississippi, and Williams of Tennessee-26. NAYS-Messrs. Burrill, Dana, Dickerson, Hunter, King of New York, Lanman, Lowrie, Macon, Mills, Morril, Noble, Palmer, Roberts, Ruggles, Sanford, Tichenor, Trimble, and Wilson-18.
TUESDAY, December 12.
Mr. THOMAS presented the memorial of the register of the land office and receiver of public moneys at Shawneetown, praying compensation for extra services rendered in the execution of the act "granting the right of pre-emption in the purchase of lands to certain settlers in the Illinois Territory," and of the acts concerning Shawneetown; and the memorial was read, and referred to the Committee on Public Lands.
Mr. TRIMBLE presented four memorials, signed by a number of individuals concerned directly or indirectly as purchasers of public lands prior to the law "making further provision for the sale of the public lands," stating that said law operates injuriously on them, and praying that they may be permitted to apply the payments already made to such portions of their entries as such payments will cover at two dollars per acre, and that the residue may revert to the United States; and the memorials were read, and severally referred to the Committee on Public Lands.
Mr. NOBLE presented two memorials, signed by a number of individuals, of the same import and object as the preceding; which were read, and severally referred to the last mentioned committee.
On motion by Mr. WILLIAMS, of Tennessee, that the Committee on Military Affairs, to whom was referred the petition of Rebecca Hodgson, be discharged from the further consideration thereof; the said motion was ordered to lie on the table.
The Senate proceeded to consider the motion of yesterday, to inquire into the expediency of
Admission of Missouri.
amending the judiciary laws in relation to writs of error in criminal cases; and agreed thereto.
The bill from the House of Representatives, entitled "An act for the relief of Nicholas Jarrott,' was read the second time, and referred to the Committee on Public Lands.
The bill from the House of Representatives, entitled "An act to alter the time of holding the district court in the district of Mississippi," was read the second time, and referred to the Committee on the Judiciary.
The bill from the House of Representatives, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts of the District of Columbia," was read the second time, and referred to the Com"mittee on the District of Columbia.
The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of the officers and volunteers engaged in the late campaign against the Seminole Indians, and no further amendment having been proposed thereto, the President reported it to the House amended; and the bill was ordered to be engrossed and read a third time.
The Senate resumed, as in Committee of the Whole, the consideration of the bill to incorporate the Columbian Society for literary purposes; and, on motion by Mr. JOHNSON of Kentucky, it was laid on the table.
The resolution authorizing Mountjoy Bayly to employ a person to attend the furnace, was read the third time, and passed.
The bill for the relief of John Holmes, was read the third time, and passed.
The bill for the relief of Morgan Brown, was read the third time, and passed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to incorporate the managers of the National Vaccine Institution in the District of Columbia ;" Resolved, That the Committee on the Judiciary be and the consideration thereof was further post-instructed to inquire whether any, and, if any, what poned until to-morrow. amendments are necessary and proper to be made to the act, entitled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of the President and Vice President," passed March 1, 1792.
Mr. WILSON said, it would be found, on referring to the article in the Constitution alluded to in this resolution, that the provision in relation to counting the votes for President and Vice President is very general. The words are, "the Presi'dent of the Senate shall, in presence of the Sen'ate and House of Representatives, open all the 6 certificates, and the votes shall then be counted." It is not said who shall count the votes, nor who shall decide what votes shall be counted. In con
sequence of this defect, as the Senate would well remember, some difficulty occurred four years ago, in relation to the votes from Indiana. Objections were made to receiving these votes; the counting was interrupted; the two Houses separated; and although on that occasion they again came together, and proceeded on, and completed the business before them, so happy a result might not always be produced. Cases might occur where stronger doubts might exist, or more excitement prevail; debates be protracted, and decisions deferred, and serious inconveniences or evils follow. Was it not probable such a case would occur during the present session? Would it not at least be prudent to guard against danger from such a contingency? Congress has unquestionably the power, under the last clause of the 8th section of the first article of the Constitution, and he thought they ought to exercise it, by vesting the authority to decide upon doubtful, disputed, or unlawful votes, either in the President of the Senate, the Senate itself, the House of Representatives, or in the two Houses, conjointly or separately. At least, Mr. W. deemed the subject of sufficient importance to justify the inquiry proposed in the resolution which he had submitted.
Mr. WILSON Submitted also the following resolution:
Both resolutions lie on the table one day of course.
ADMISSION OF MISSOURI.
The resolution declaring the consent of Congresss to the admission of the State of Missouri into the Union was read a third time, and the question stated "Shall the resolution pass?"
Mr. TRIMBLE observed, in reference to some remarks between himself and Mr. SMITH yesterday, that he had not voted for the admission of Alabama, because he could not reconcile the provision in relation to banks, (with all the checks and guards which had been introduced into the constitution of Alabama on that subject,) with the Federal Constitution. In relation to that provision he had entertained doubts which were at the time expressed to some of his friends. Mr. T. said it was true that he had not made a formal opposition to the admission of Alabama, because he had just taken his seat in the Senate, and was unaccustomed to legislative proceedings; nor did he then suppose that it was so important that he should record his name, in opposition to the measures which he thought violated the spirit and true meaning of the Federal Constitution. But, had the gentleman, said Mr. T., no other defence to set up for that article of the constitution of Missouri? If, said he, the Federal Constitution has been violated, in one instance, is that any rea
WEDNESDAY, December 13.
Mr. RUGGLES presented the petition of Philander Chase, President of Worthington College, in the State of Ohio, praying a donation in land for the use of said college; and the memorial was read, and referred to the Committee on Public
The following Message was received from the
PRESIDENT OF THE UNITED STATES:
In compliance with a resolution of the Senate of the 6th of December, requesting that the agent employed under the act, entitled "An act authorizing the purchase of fire engines and building houses for the safe keeping of the same," should report in the manner stated in the said resolution his conduct in execution of the said act, I now transmit to the Senate a report from the agent, which communicates all
the information which has been desired.
Mr. ROBERTS presented the petition of Julia Plantou, of the city of Philadelphia, representing that she has designed and executed an allegorical painting of the Treaty of Ghent, which she solicits Congress to purchase; and the petition was read, and referred to the Committee on the Public Buildings.
Mr. ROBERTS presented the memorial of Jane Baker, widow of Thomas Baker, late a Post Captain in the Navy, praying that the pension which was granted to her husband may be continued to her; and the memorial was read, and referred to the Committee on Naval Affairs.
Mr. TRIMBLE presented the petition of George Jackson, of Ohio, praying compensation for the use of a wagon and team, and for four horses which were lost in the service of the United States during the late war; and the petition was read and referred to the Committee of Claims.
Mr. LLOYD presented a petition, signed by a number of the citizens of Georgetown, remonstrating against the passage of the bill from the House of Representatives, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts in the District of Columbia ;" and the petition was read, and referred to the Committee on the District of Columbia.
Mr. HOLMES, of Mississippi, communicated a letter to him from the Superintendent of Indian Trade, enclosing a copy of his report in relation to Indian trade; and the letter and report were read.
Mr. JOHNSON, of Louisiana, gave notice, that to-morrow he should ask leave to bring in a bill for the relief of the legal representatives of Gabriel Berzat, deceased.
The bill for the relief of the officers and volun
teers engaged in the late campaign against the Seminole Indians, was read a third time, and passed.
Whole, the consideration of the bill to incorporate The Senate resumed, as in Committee of the the Columbian Society for literary purposes, together with the amendment last reported thereto by the Committee on the District of Columbia; and the said amendment having been amended, the further consideration of the bill and amendment was postponed to Monday next.
The Senate proceeded to consider the motion of yesterday, instructing the Committee on the Judiciary to inquire if any provisions are necessary to be made by law to meet contingencies, which may arise from unlawful, disputed, or doubtful votes, under that part of the twelfth article of amendments to the Constitution, which relates to counting the votes of the Electors for President and Vice President; and agreed thereto.
Mr. WILSON, from the same committee, to whom was referred the petition of Charles Lara-mittee of Claims. bee, made a report, accompanied by a resolution, that the petitioner have leave to withdraw his papers. The report and resolution were read.
Mr. VAN DYKE presented the memorial of the President and Directors of the Chesapeake and Delaware Canal Company, praying the aid of the Government; and the memorial was read, and referred to the Committee on Roads and Canals. Mr. JOHNSON, of Louisiana, obtained leave to bring in a bill for the relief of the legal representatives of Gabriel Berzat, deceased; and the bill was twice read by unanimous consent, and referred to the Committee on Public Lands.
Mr. LANMAN, from the Committee on the District of Columbia, to whom was referred the bill, entitled "An act to amend the act, entitled 'An act to alter the times of the session of the circuit and district courts in the District of Columbia ;" reported the same without amendment.
The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to incorporate the Managers of the National Vaccine Institution in the District of Columbia;" and the further consideration thereof was poned to Tuesday next.
The Senate resumed, as in Committee of the Whole, the consideration of the bill to continue in force, for a further time, the act, entitled "An act for establishing trading-houses with the Indian tribes ;" and the further consideration thereof was postponed to Tuesday next.
Mr. TRIMBLE gave notice that, on Monday next, he should ask leave to bring in a bill to organize a Law Department.
Mr. NOBLE Submitted the following motion for consideration:
Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of authorizing the sale, and to reduce the price of certain sections of land, heretofore reserved for the future disposal of Congress, situate and being within that part of the Cincinnati district which lies in Indiana.
On motion by Mr. KING, of New York, to reconsider the vote of the 12th instant, on the resolution authorizing the Sergeant-at-Arms of the Senate to employ a person to attend the furnace. The said motion was laid on the table.
The Senate adjourned to Monday.
Mr. SANFORD presented the petition of Jacob Barker, of New York, praying the interposition of Congress in the settlement of his accounts, under his contracts of the 2d of May, 1814, with the Secretary of the Treasury, for a portion of the ten million loan, being part of the twenty-five millions authorized by the act of the 24th of March, 1814; and the petition was read, and referred to the Com
MONDAY, December 18.
Mr. HOLMES, of Maine, presented the petition of Samuel Tucker, praying compensation for services rendered as a captain in the Navy, prior to the adoption of the Federal Constitution; and the petition was read, and referred to the Committee on Naval Affairs.
Mr. PLEASANTS presented the petition of the delegates of the United Agricultural Societies of Prince George, Sussex, Surry, Petersburg, Brunswick, Dinwiddie, and Isle of Wight, in Virginia, protesting against any increase of the duties at post-present imposed on imported goods; and the petition was read, and referred to the Committee on Commerce and Manufactures.
Mr. HOLMES, of Mississippi, presented the petition of Horatio Stark, of Mississippi, praying that, in consideration of long military services, the right of entry of one thousand acres of land in Mississippi, which may become forfeited for non-payment by those who made the original entries, may be granted to him at the present or former price; and the petition was read, and referred to the Committee on Military Affairs.
Mr. ELLIOTT presented the memorial of the Savannah Poor House and Hospital Society, praying that the proper officer of the Government may be authorized to take, in behalf of the United States, an interest of one-half in the buildings erected by them for the accommodation of sick and disabled seamen; and the memorial was read, and referred to the Committee on Commerce and Manufactures.
Mr. SANFORD, from the Committee on Finance, to whom was referred the bill, entitled "An act for the relief of Perley Keys and Jason Fairbanks," reported it with an ame mendment; which was read.
Mr. WILSON, from the Committee on Claims, to whom was referred the petition of George Love, made a report, accompanied by a resolution, that the prayer of the petitioner ought not to be granted. The report and resolution were read.
Mr. NOBLE, from the Committee on Pensions, to whom was referred the petition of Park Avery, made a report, accompanied by a resolution, that the prayer of the petitioner ought not to be granted. The report and resolution were read.
The Senate resumed the consideration of the motion of the 16th of November, to amend the act allowing compensation to the members of Congress, so as to reduce the per diem to six dollars; and it was further postponed until tomorrow.
The Senate proceeded to consider the motion of the 14th instant, instructing the Committee on Public Lands to inquire into the expediency of authorizing the sale, and to reduce the price of certain sections of land, and agreed thereto.
The Senate proceeded to consider the report of the Committee of Claims, to whom was referred the petition of Charles Larabee; and the further consideration thereof was postponed to Wednesday next.
The Senate proceeded to consider the report of