The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-16

20 be governed by die conqueror during his ua posses
SonntaSiv wtdrag from IL The old civil government
being necessarily superseded Il Is the right and duty OF the
conquenor his conquest and to provide for the
mainenance OF civil order and rights Of inhabitants.
This right has been exercised and this duty peronned, by
our military and naval commanders, by the establishment
of tempoy governments in some oil de Conquered Prov
nces la Mexico, asmating them as lar as practicable W
the free institutions Of our own county In he provinces
OF New Mexico and Of the California; e il any further
resistance is appTehended from the inhabitants 10 the ienl-
he case and according 20 die awso war been establish
cd IL may be proper 10 provide Tor me security oil these
Tor he narpos OF ereetng torGoations ana deing the
expenses necessarily incident 10 the maintenance OF our
possession and authority over them"
MIR. BENTON said they could now perceive that there
was recommendation BY the President for the estab
lishment OF government IN any part OF the territory
which had been taken possession OF The President sim
ply reced the fact that California had been taken posses
sion of BY an army of the United States and a temporary
government established there by the laws OF nations
This left with Congress 10 say whether any appropra
ton should be made to enable The eonqneror to secure
his conquest AS to giving this subject to the examina
ton OF committee, II had already been refeedreteT
red TO the Committee Military Atlars-to say whether
any additional appropriations are necessary to deiay the
expenses incident TO the maintenance OF proper dignity
by the conqueroT in the conquered provinces The whole
finished and, being finished, he extremely re-
GREETED that the Senate OF the United States were going
work TO maintain the laws of the United States over
territory which had not been incorporated into the Union.
He hoped II would not be done.
Mr.. WESTCOI'r said the honorable senator iai mis-
Mr. BENTON hoped he had indeed mistaken il, and
that he had mistaken the whole subject out and out and
that the gentleman would now withdraw his proposition
II he would do so, he for one should reoce mosl near
MIR. WESTCoTT said the senator from Missouri had
misconceiyed the object and PuPon OF his resolution as
much that senator seemed TO think that he (hlr W.
had msconceved the Presidents message II was notpro-
posed extend the laws OF the United States now app-
cable to the States and other Territories over California
and New Mexico II is not proposed to regard them as
tha
what may hereafter but II was only proposed that
Congress should regulate restrain and control the an
hony and power OF the military and naval ohceTs by the
establishment OF temporary and provisional clyilgoyern;
ment in each territory adapted to the existing state oil
things. .
Nj. BENTON was unwilling that the Senate should
entertain the resolution in the present early part OF
the sessionn the first place. because at rbuted to the
President of the United States what he did not recon-
mend and secondly, that would present the Senate OF
the United States To the country and the world as legs
lahng for the incorporation Of territory n0r
MIR, SEWER made few remarks, which were mostly
naudibe at the reporters desk He was understood 10
say t9at the resolution reelled iaet IN leo1 ae
sage and therefore he hoped the gentleman would WIN
draw the resolution.
Mr.. WESTCOTT said he did not hear the gentleman
and asked if he understood him to say that
Congress have power restrict the military authority by
the laws OF nations
Mr. SEWER replied that he had said no such thing
He merely proposed to leave the provinces OF Mexico
which had been taken possession OF TO be governed by
the laws of nations For the Senate to pass laws to con-
troll the laws OF nations, was consideration which he
could not for moment entertain.
Mr. CAMERON hoped the resolution would be with
drawn, simply because he believed that no good could
come from its adoption.
Mr. ARCHER thought that the question which pre-
sented itself at this time OF extreme simplicity
and did not at all involve the grave questions which had
been presented TO the Senate by the honorable member
from Missouri. Those questions great questions
But what the question presented by the resoq-
ton OF the honorable senator from Florida! Ii simply
had reference to the jurisdiction of committee Now
he would ask the honorable senator from Florida il he
could say that the Territorial Committee was the proper
committee for the consideration of the subject He MIR
WEsTcoTTl had said himself that the power OF the
committee could not extend beyond the limits OF
the United States territories; and more than this that
il could not extend beyond the boundaries OF the States
even He admitted that the jurisdiction OF the Tertori-
al Committee could not go beyond the jurisdiction OF the
Mr., WESTCoTT desired to correct the gentleman.
He said that the constitution could not extend ITS author
y beyond the limits OF the States He had said nothing
about the jurisdiction of the committee
Mr.. ARCHER proceeded What then did the gentle
man propose The territories not within the limits
Of the United States How then coud the Committee
the present His (Mr AS opinion was, that thev
ought to reject the resolution unless it was wihd
This was not the time to decide upon the committee to
which the matter ought to be referred Why Because
call had already been made for materials which would in
form the Senate upon this subject and enable members
% make up their minds upon 1t more udiclously They
be laid before Congress shortly by the President and
hat only ought to decide the matter tCres OF Ques-
ion," question:
The question upon the motion to reconsider was then
put, and decided in the affirmative.
Mr.. WESTCOTT said that he would modify his reso-
ution by inserting the word temporary" before the
words territorial governments" which would probably
,bviate all objections
Mr. ALLEN said that the insertion OF that word per
nanent did not change the question before the Senate
That was question of fact which had nothing to do
With the authority of this government in Mexico 1t
vas whether not in his annual message the President of
he United States had recommended the extension OF the
avs of the United States any part of New Mexico
his the question embraced in the resolution, and
was question Of fact simply; and if the Senate
should vote in favor of that resolution, II would assert
the face of the world that the Executive of the Uni
ed States had made such recommendation. The paper
lpon the Speakers table contained such recommen.
act whether not the paper did contain any such re-
For in passing this resolution, he re-
,eated the Senate asserted that it did contain It, Now
he words territorial government did not appear IN that
document All that the President intended so far as he
oud apprehenl his meaning after carefully reading the
session of those territories until the end OF the
var Should the Senate OF the United States then
assume in solemn resolution that the President
recommended the establishment of governments, civil
governments in those provinces and that the sacred
tights and privileges OF the constitution OF the United
coz Why it was proper to ask. II was due to the Sen
tie itself to caution its members against even entertain
ng proposition of this description His friend from
Florida ought to consider the position in which he was
,acng himself and the Senate, assuming that the
President of the United States had done a thing which
ver unpleasant the attitude this was the position which
must be assumed because the question referring