Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-09


found it necessary to call out its military force Tor
the purpose, the Federal Government not the le
bound to detray the expense. He then referred part
culary to elaborate report upon the subject, made
the House of Representatives in 1889 by Mr.. HowAED,
Chairman Of the Committee on Foreign Affairs.
MIR. CRITTENDEN was not satisfied yet that there
had been any invasion of the country. There lad
only been some little controversy with respassers, who
presuming to act under different authority, and
The State Of New Hampshire had done nothing more
than her duty in putting end to the trespass ou
she might have done It by civil process, and 1t was the
duty OF the military power to aid the civil power IN TIT
service of such process
Mr.. HUBBARD said, as he understood the Senator
from Kentucky that gentleman said there had been nc
INVASION OF the territory. Now, since the treaty o
peace, the territory in question had always been occu
pied part of the territory of New Hampshire; II
fact, since 1890, Halls stream considered the
Northwestern branch Of the Connecticut river, ant
that stream distinctly marked as the boundary n'
between the provinces Of Canada and New Hampshire
But, after the King ofthe Netherlands made his award
the British authorities in Canada undertook to exrr
else authority between that boundary stream and Indian
stream and It TO eXpe these ntruders that the Go
vernon of New Hampshire had found Il necessary t.
call out the militia at expense of $4,000 THIS wal
necessary 10 the exercise jurisdiction both by tb'
State md the United States The State of New llamp
shire was interrupted in her peaceable occupancy 0
that territory, and it became necessary, 10 MAINTAIN
were resorled 10. There was he believed, no actua
loss of lives in the defence of this territory, or OF the
jurisdiction over il, but that would not change th'
merits Of the question.
Mr.. CRlTTENDEN did not dispute the right Of New
Hampshire THIS territory; but there has been no III
vas;on-there had been nothing more than RESISTANCE
the service OF legal process, and not by Citizens
Canada alone, but Of New Hampshire herself for tier'
was but Canadian who presumed To act as Cana
dian oiicer-a Canada justice Of the peace, who pre-
sumed 10 issue his warrant for execution on the TERN
tory. Did that then, justify the calling out OIL inc
militia, and the making the General Government an
swerabc Tor the expense. lie was glad the amount
but small; il the principle only which he here
wished TO be settled: his anxiety was TO vdicate Anne
rcan rights and the rights OF Ter territories, but Gio
seem to him that there must be some limit hxed tc
these otherwise unbounded rights oil the States ana Tie
Territories. Here there was not man with arms VI
his hands, so far as he understood the statement OF The
Honorable Senators-lhere was nothing more than
what amounted, techn cally, To mere uespass by All
individual who might have been cheapy punished
by the civil power.
Mir HUBBARD said it became indspensaby ne.
ccssary 10 call the military force Of New Hamp
shire 10 maintain her Jurisdiction over tins tract o.
country, which had been invaded in consequence OF
the act Of the General Government Who referred
that que;tlon 10 the King Of the Netherlands, by
whose award the boundary line Of the State was DIS.
turbed' Was it New Hampshire, From the time Of
the treaty Of peace, there had heen no question about
IT. but this Government took the question IN hand and
referred il to the King of the Netherlands 10 deter
mine where the State line ran, and on that SUBJECT the
Kinp of the Netherlands made his award, and then
the British undertook TO take possession OF That tract
of country. What, then, was New Hampshire 70 do'
Was she TO permit her citizens TO become SUBJECT
To British authority: Was she 10 permit Lord Cos
ford To exercise authority that territory, ard to DIS
pose Of sn much of the State of New Hampshire 10 the
British Government, lie (Mr. iirBBARp) should Ike
TO know what she should have done. Here was large
tract Of their territory and how were they TO get posses
sion of il, if an order had been gwen To mafch a
King regiment into it, Why, they should have calico
out their militia expel the invaders, and they would
clearly have been entitled to come TO the General 90
vcrnmen for the repayment OF the expense incurred.
4 nd where then was the difference: The moment the
King ofthe Netherlands decided upon different oouh-
dary line, the British assumed To exercise authority over
IT, and TO deny the authority otN H. What, thcu, were
they 10 do but that which The had donc and winch was
made necessary 10 be done, in consequence o. the act
Of the General Government; and the only difference
was that, because King regiment was not ordered
upon this territory, and because there had been no
boodshed, New Hampshire was not TO be remuneraI"d
for the expcnsc incurred That not DONE but civil
was exercised the territory by Great
Britain: and to reassert their boundary, winch was as
well defined MS the road TO the Presidents House, II
was found necessary to call out their militia, and since
that had been done, they had been IN the peaceaoio
possession of the territory. Under these crcums'an'
ces il was for the Senate to decide whether the State
Of New HAMPSHIRE should be reimbursed The unavoda-
he expense which she incurred in consequence OF the
act of the General Government.
Mr. CLAY of Kentucky wonld like to have some
further opportunity to examine THIS case mere were
one or two questions which suggested themselves 10 ms
mind whether there had been actual INVASION OF tins
territory by foreign power was one; ana ho'' was
there threatened invasion, imminent danger OF an
invasion, And then there another question: sup
posing there was threatened nvasion was there tine
TO apply to the General Government 10 rtpei ms
threa tened nvasion for to the General Government pe
lorped the decision whether there should be peace or
war No ease less than of extreme urgency wouia
Justify the State authorities in deciding on aqueston Of
threatened invasion, and mourning an expense whch
p.rbaps the General Government might not hnK pro-
nor. Il seemed to him. (Nr. ClayD that it was proper
10 ascertain all these facts: had there been military
jnyasious had there been threatened INVASION: ana u
50. what had New Hampshire done under the circun'-
stances: Would it not be extending TO the Sta'e au
thorities the power OF the General Government hcre
vas t,re Ia communicate with the General Govern
ment IT, without the countenance OF the General 90
vernmcnt they undertook to engage IN conflict WIN
another power: All these matters were worthy OF m
oury and therefore, he would suggest the proprety OIL
LAYING the bill for the present on The table
Mr. HUBBARD, in the mean lime, would refer &C.
majors for information TO report made by Mr. Howard
the Chairman of the Committee on Foreign Relatiohs
10 the House in January, 1889
Mr.. CLAY said lie would take an opportunity to ex-
anime it.
The bill was then laid on the table
The bill making compensation to the State Of io'ne
for the services OF her militia was read third time ana
passed. ..,,,,,,,. an.
GESEpNL PROSPECTIVE PREEMPTIoS LAW
The bill To establish permanent prospective pre-
.n,uon svstc III favor o settlers on the pn3c Lands
u no shall nhabt and cultivate the same, ana RAISE
log cabin thereon being the special order oil The day.
VA taken up, and amendments thereto we're offered
,v Messrs CLAY Of Alabama, CRlTTENDEN, IAP-
PAN, PORTER and PRENTISS, which gave rise
% an extensive debate that will appear in the course oil
day or two.
At 4 o'clock, the Senate adjourned.
HOUSE OF REPRESENTATIVES,
Tuesday, Jan. 5, lo4l.
The SPEAKER laid before the House the following
viz:
] From The Governor of the State OF Missouri trans
hitting copy Of an act of the General Assembly OF
Inc State of Missouri, entitled An act for ascertain
ne and settling The northern boundary line Of the State
IF Missouri"
Referred TO the Committee on Territories and order
ID TO be printed.
From the Post Office Department, transmitting IN
obedience to the I'd section of act making appropa
lions for the civil and diplomatic expenses OF the 90