The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-10

ana Sallioa were portion of the United States, the
ad NE haG no tgnt 70 organize there
Oregon No That right belonged to Congress Had
me President proceeded 10 do any thing of The kind IN
nb, no oh The contrary IN that very message he
IShuy ana properly recommended that they shouH In
that case, exercise that most important legislative fn
aon Now. the point on which he (Mr RI differed from
me gentleman was this he held that Oregon did moi
stand on the footing with regard to The eonstihon
OF the United States that New Mexico and California dI
Il dd ne conceded the position which the gentleman
from Kentucky would not take but which was HIS raht
position Neither BY conquest nor BY any other means
were California and New Mexico portion Of the terrific
81 L ue untea States What were their true relations
- mess provinces They had military occupancy Of
mem by ioree OF arms they held them. By force OF
arms alone had they right to control or govern them
existed by the sword II the commander chose ~ isue
ms commands, il was as satrap for sarap he was.
w ara ms power by the sword and executing by the
ton OF his Authority. and the instrument by which il was
exercised, were the same-the sword In that view h
Was perfectly unImportant what the subordinaes had
dohe lie was despot The sword was his instrument
OF command and he could execute any of the people
Without tral or Judge il he chose II was true they
might condemn the barbarty but according TO the law
Of nations the military commander had the right to eyer
cse ms power IN any way and in every waythat militia
y power which the sword bestows. But, them he DIr
~ denied that any man. any set of men, within the
lihs OF me United States, whether in territory or In
State, could exercise under the constitution such anthor
ny as that he had just described He denied thai any
sch authority could possibly exist under the constitution
OF the United States But New Mexico was not part
OF the Union, The constitution of the United States was
not extended over IT, He would ask the gentleman from
kentucky, whether any citizen OF New Mexco had a
ISh 10 th BY jury under the constitution Of the Uni
Mr.. DAVIS. VIII the gentleman permit me 70 ask
question in return?
Mr.. RliEIr. Certainly
MT DAVIS. Commodore Stockton has proclaimed
hat they are citizens of the United States and General
kearny has proclaimed that all not swearing alleoance
shall be regarded as traitors Now, | ask The gentleman
Whener these commanders had any right to promuge
Mr.. RHETr would say in reply, simply. that il
was not to be expected that Captain Stockton or any
such sort OF people, were acquainted with the con,
sttuhon OF the United States. IA laugh In all his
rayles he MT T. had never found one European who
understood that instrument Men of high intelligence
the way d'd-Ss SIMPLY nothing but a consolidated
government The merchants Of London would yery
SS faes o ,en 1T them that the people of the United
not pay her debt They had come to pretty mass in
deed when legislator on that floor would refer to
military or naval captain as an authoritative expounder
OF the constitution of the United States or as one compe
tent to make territory and annex il TO the Union Why
the gentleman had denied that Congress had the
power OF anneXlng territory to the Union He had denied
the constitutional right to annex Texas He and his
friends oyer the way had stouty affirmed that the annex
a o, Oh leSas was an outrage on the constitution, and
Set ne now gavey stood up there and quotes Commo-
dore Stockton and General Kearny as having anneyed
vast region to the United States And then assuming il
TO be all true and all settled upon that very hqb autbor
~ the gentleman called upon them with The utmostgrav
Iy to answer by what authority the President Of the
United States made laws for these territories All he
MI ~ couu say was that there was great mistake at
the bottom of all that.
Mr.. DAVIS. The gentleman is himself mistaken.
, Mr. RHEIT. We'll, had only supposed that the gen.
deman had taken that position on which alone his arm
me mt is I sgf stat "a aughl - ''''
, Mr. DAVIS | asked whether the President had au-
horzed these acts OF those commanders and If NOT IL
he ratified and and approved Them
, Mr. RHETT Well it appeared after all that the gen.
teInan was hghtng Tor the Mexcans! The Meyicans
were governed by the military commanders of the Uni
ted States, and the great grievance was this: the Amer
can commanders thought proper TO extend the laws of
The United States over those provinces Ii was foreign
territory and foreign people upon which this great out
rage had been committed requiring the vndcation of the
highest power-even the grave measlrs of imneacb-
nent They had been at daggers point with that nation
Tor years, and were engaged in actual conflict with
her. and yet Legislators stood up here and indicated her
he constitution OF the United States which the gentle
nan yet says does not apply to them! The only princi-
pie upon which the gentleman could have conended that
The President had right make laws for the govern
nent OF the people in this territory was that the terri
ory and people were under the constitution Of the United
States. That proposition he (NIr r could understand
It was very sensible propositon Bn reall,, t r;s m
here and make it mighty grievance that people not
under the constutiona territory in nowise theirs-had
tary commander who thought proper to issue laws or
edcs or anything else he pleased that was the extra
PRIMARY 3rda part OF this business IA laugh TWAS
Mr. K put the whole matter very simple and the
authority cited by the gentleman from Georgia Mr. HAIR
ALsoN sustained him, (NIr. R,) not himself The gen
Leman from Illinois also wrong and as he Mr.
R.) had already remarked, all this showed that Il
was important that they should know what thew
were about when they arresting great prn-
clpes. his position this--the territories were
not part and parcel OF the United States Neither trial by
Jury any right guaranteed by the constitution OF the
ned States belonged any OF the Inhabitants because
they were not citizens of the United States They might
become citizens If, after the termination of the war the
treaty making power annexed the territory or was ce-
ed to the United States Even then il would re1ure the
action OF the legislature carry the annexation into eff
feet But to that General Kearny any of that
sort of people, could annex territory was too ridiculous
He (hlr r. stood on the constitution which the GENTLE
man from Kentucky seemed to reverence-he stood on
State rights, which the gentleman appeared to scorn He
SAID there had been no annexation of States territory
The military power had no such authority The Presi-
dent of the United States had such authority Wbeh
the President ordered or sanctioned the proceenos o
these military commanders, was perfectly immaterial
They did what they had right to do The smaller pow
er was swallowed up by the higher Civil rights were
swallowed up by the military power and whether that
was exercised directly through military organization or
civil establishment and sustained ONLY by that militia
ry officer by the President, it made not the slightest
difierence-lt rested at last upon the sword On that
ground he (Nlr R STOOD and that ground the whole
procedure UNSUITABLE II that ground the gentle.
man wished to rely for his impeachment, God save the
markl I'D. !, 1,.'. -
Mr.. DAVIS. Mr.. Speaker ... ...a aeuua
Mr.: RHETT: ! am not done yet do not ike the
qualification Of the resolution Let the resolution o.,
abroad is and il they wish to add dozen tails r.
i, let them do it and welcome-a cannot give il the
weight of straw against the President with an one who
the principles in the . =