Weekly national intelligencer., 1846-12-26

whom they have delegated portion Of the plenay authority
they possess
But sir, (ssd Mr. W. we only retain possession o
these countries for few months, the legislative power
Congress should leave those territories subject to military
law aone unless there cogent reasons 10 restrain Us iron
regulating It, Much 1t duty TO do II
intended retain possession of them for the debt Mexico
u.s. conceive that the Committee Territories is the ap
proprate committee to prepare the law organizing such civil
government for those territories but am careless on this
point The organization Of such civil government by Con-
gess would indicate the world that il the settled
ueror purpose of the United States hold these territories
He would discuss the question the constitutional
right of this Government acquire territory by conquest This
is the proper time but he would suggest and his
opinion merely but the solemn judgment OF the highest
judicial tribunal in this country, that the federal constitution
does extend beyond the boundaries Of the States
p rnn in force in territories 1t did not extend
Louisiana Florida till admitted States except far
Congress had adopted its provisions by special law
caring they shall extend. 1t does not extend
Oregon.
Those invaluable provisions securing the writ of habeas
corpus the liberty of speech, freedom religion were
in force in Florida till made by the law organizing
her territorial government Over conquered country
people (M W. sad he would extend these provisions the
moment safe to do So instead of leaving them subject
to despotc power He did not Che said) these
terms inydiousy towards any officer The only inquiry he
would make H was there any necessity for the continued
ercse OF military power alone In those territories In this
instance this question is answered by the declaration the
President IN his that possession of those
res will not probably be hereafter disturbed Mr. W. said he
had done what he conceived to be his duy-brought the
subject before the Senate 1t simply question the
proprety OF substituting civil law under the authority OF Con
gress for military law. He had full confidence in the naval
and liary commanders in California and New Mexico but
he would not leave the powers they possessed with any
without restraint regulation of law when the necessity for
doing did not exist He said he entirely with
whatever disposition might made the resolution on the sub
lect ne had satisfied his Of right in the course
he had taken
Mr. BENTON expressed the hope that the Senator from
Florida would withdraw his notion nasmuch as, from read
ing that part Of the message to which he had referred hem
would be that there such thing embraced in
that which he proposed to refer the committee He desired
the Senator to state whether he would withdraw his motion
Mr.. WESTCOTT said he might not be very apt con-
srucion, but he could not understand the concluding
OF the clause of the he had quoted meaning
any thing else than recommendation to Congress to legae
with respect to the provinces possessed by army hs
resolution indicated. If not, what did il He de-
cined Withdrawing the resolution.
Nh. BENTON proceeded. The gentleman does not with
draw his motion will the Secretary please TO read it,
CThe motion read by the Secretary
The gentleman has read to the the part of the
to which his motion REFERS and his reading of it.
shows that there such thing in it his motion conte
plates. The gentlemans motion impues 10 the Presdents
message things which not contained in it must there
FORE impose upon the Senate the necessity OF rejecting it, o
of assuming the responsibility of mpung to the message that
which ii does not contain really wish the gentleman
would consent to withdraw his motion.
which had been referred by the Senator from Florida should
be again read; which having been done
Mr.. BENTON continued. We perceive (said Mr.
that there recommendation that territorial govern
men be authorized be formed in of the conquered
provinces OF Mexico The message merely recies the fact
that New Mexico and California have been taken possesson
of by the army m the United States and that temporary
has been established there under the law of
TONS The President in his merely ectes this fact
and then leaves Congress say whether appropriations
may be necessary to enable the conqueros their
quest by Notifications, and any other expedens that may bel
incident to the maintenance of their authority That the
whole matter Well now sir far there is any thing in
this for the examination of committee it already REFERRED
and being referred to its appropriate committee extremely
regret that the gentleman should have thought proper
nit this motion. As for Congress going work to extend
the laws OF the United States territory newly subject
ed by army he thought it rather dangerous piece
of business
Mr.. WESTCOTT. The Senator from Missouri has en-
tirely mistaken my proposition.
Mr.. BENTON. hope So sir I hope have mistaken
II. hope, however, the gentleman will withdraw it.
Mr.. SEWER. The vote is to be reconsidered
The PRESIDING OFFICER. The question is upon the
re,rI-idr~tiorI Of tle
Mr.. WESTCOTT said the Senator from Missouri had
the object and pupor Of his resolution much
as that Senator seemed to think he (Mr w had miscon
ceved the Presidents message Mr. W. begged leave put
the Senator right 1t is proposed extend the laws of
the United States applicable the States and the Terri
tories California and New Mexico it purposed
regard them as part and parcel of the United States with
Wnal occur hereafter, pro-
posed that Congress shall regulate and control the power and
authority of military and naval officers there by the pas
sage OF law establishing temporary civil government there
adapted TO the circumstances.
With reference the message, Mr. w asked what meant
by that sentence which, after the declaration of unsurbed
possession of those Provinces says "H may be proper to
Drorde for The security Of those important eongnests, Iy
making adequate appropriation @ The purpose Of erect
ing otcatoRs and rayi,g the erpenses necessarily IN
cnf TO the MAIsTENANcE OF oUa POSSESSION AUTno-
THEM IL il did not what the resolution
suggests, he would ask Senators what il did mean As to
those necessary defend the country against
Mexico from whom states disturbance of possession
be anticipated be erected by army, and paid for
out of the military appropriations. Mr. w had doubt the
President il asked would say that he did not ortfca
lions of this character, but permanent forfcaons with
to the permanent possession by the United States Of
hose territories but he (Mr w. might be Mistaken and
i not important TO inquire this subject. But
what meant by the recommendation Of appropriation
Tor the nainendnee Of possession and authority ocer
hem 2" How long to be maintained? What kind Of aufho
ry2 There is law necessary invest the President with
plenary military power. That he has already 500, too as
the expenses attending the exercise Of that power the
general appropriations for the them The message
looks, said mr. w to the organization at least OF tempo
rary civil government under authority of Congress, to main
tain "possession" and " authority" there
Mr.. W. asked, does the Senator from Missouri to
contend that the President possession Of the terri
tories conquered by arms, and govern il oreuer by the
claws Of nations and laws Of war; unless Mexico agrees to
cedc u.s. and that the hands this Government tied
that extend TO the conquered people any cc
rights | The same constitution which gives TO
the President and his subodnates the power they have
ci3ed, gives 10 Congress the power 10
queed people those nesmabe civil and political privileges all
should possess
Sir (said Mr. W. repeat if we intend TO retain posses