Weekly national intelligencer., 1846-12-26


Mr. ARCHER said appeared to him that the subject
presented TO the Senate not at all involved any thing
which the message of the President contained. II Ger
any question of the greatest importance one which de
manded and which he hoped would receive the attention
Congress at the proper time But what was the question
presented by the Senator Ii question concern
ing extending the civil Jurisdiction Of the United
yond the limits of the United States He would ask that hon
orabe Senator himself if he would undertake say that the
Committee Territories of the Senate could take cognzance
Of such subject The Senator had himself admitted thai
the jurisdiction of laws extended only boundaries
the United States he had admitted that thew could not B,
carried beyond the limits of the United States proper
Mr.. WESTCOTT said he had contended that the cons
tuition of the United States did extend beyond the States
was compact between the States All territories wore
within this rule whether acquired by conquest by purchase
or discovery, part Of the original domain of the Conede
racy not organized into States
Mr.. ARCHER. But how does the Senator expect to ex
tend the operation of the constitution and laws territories
which not within the limits OF the United States And vel
the subjectmaer of his resolution has this bearing My
opinion Is Continued Mr. A. that ought not this time
to undertake decide which the committee which ought
take cognizance of this subject And why Because we
not yet required to take any proceedings in regard
The President at the proper time will lay before such
formation as will enable to proceed egitimately. II the
gentleman will not withdraw his notion trust that the Sc
nate will reject IT. and allow the matter to be passed by for the
present
The question being put upon the motion for reconsdera-
ton, il was agreed to-
Mr. WESTCOTT then moved to insert the word tenn
poary before the word government in his motion REFER
MIR. BENTON. That only makes il
Mr. ALLEN The insertion Of the word Temporary" will
not mend the matter at ALL The in the
of the conquest of certain provinces Mexico has
thing to do with the question the power Of this Govern
men those conquered provinces. There
ton of fact presented to by the proposition of the gentle
man. whether not the President of the United States has
his annual to the two Houses of Congress
mended an extension Of the laws Of this Republic any
part Of the territory Of Mexico That the question of fact
and if the Senate vote in favor Of the resolution will assert
the face M the world that the President of the United
has made such recommendation The message upon your
table contains such recommendation The word territorial
government is not there mention made Of government
All that the President designed appehend from reading the
message is that necessary should be made for
tanning military OF conquered the
Of the That ALL And shall we assume by
solemn act of the Senate that the President
stretch the constitution and laws of the United States all
Mexico Why proper regard TO what is due the Senate
Itself should deter us from acting in this am
my friend from Florida has not sufficiently considered the
,on in which he would place the Senate and himself too
assuming that the President has done that which he has
not DONE We must this if the resolution be
mere inquiry because the inquiry Of itself would impue
he President recommendation which he has made II
seems to me, therefore, that the Senate ought get rid of
his whole proceeding, because the entertaining the PROPOSE
ion is to this extent the assertion of fact which does
,xist.
Mr. CRITTENDEN said HI, was not sure that he clearly
understood the meaning and intention of the gentleman from
Florida in relation TO this subject The of the resou
ion and the genaraen differ ma
eraly in their construction of the Presidents message He
would therefore, propose that the subject be postponed and
AIKEN up convenient time. He supposed that
he object of the resolution have inquiry the
nature of the government established by the officer in pos
session.
Mr. WESTCOTT. No. sir (; no.
Mr. CRlTTENDEN continued. II certainly, he
hough proper subject OF inquiry whether the military
nander had exercised bis power within fair and just limits or
whether he had gone beyond those limits and established
had
abish form of government but General Kearney
be considered the conqueror the American people
be so considered But they entering upon and
untried ground They induging for the first me
in ambitious projects of conquest; and now for the first tme
the question to how this Government dispose
Of its conquests Were they be governed like the Roman
provinces, by consuls and proconsus; they be
subject merely to the control and dominion of the military
conquered town or fortress He thought
they ought TO be guarded and cautious In er proceed
ing in regard to this matter He hoped the notion there
FORE would be laid upon the table postponed order that
they might have further time for consideration
Mr.. BENTON held it to be proper and parliamentary
inquiry to ascertain whether the law Of nations had been
lated by the conquerng general whether he had kept within
the law or had exceeded it whether he had kept with
the limits Of prudence and proprety applying the law of
nations. But the Senator from Florida had brought forward
an entirely different proposition The laws of nations gave
great and summary rights to conqueros the conquered
but even where they rights persons and property
those rights ought to be exercised with the possible de-
gree OF discretion To inquiry of this nature he had no
sort of objection but (said Mr. spare such exh
bon the Senate of the United States establishing laws
countries taken possession of by arms, and which
be recovered back at moment by operation of
What spectacle would this be be presented the eyes of
Europe II is because am unwilling that the Senate should
be placed in such position that the aop
ion Of this proposition.
Mr. WESTCOTT said, after his thrice repeated decara-
to the objects of his resolution and its obvious purpor
he somewhat surprised at the remarks of the Senators
from Missouri and Ohio. He avowed the that il
proposed TO create for the territories conquered by
(no if they really part and parcel Of the United
Sates merely government adapted 10 the existing circum
stances only regulate by law the exercise of des-
potc military authority by naval and military command
Sir, (sad Mr. w repeat if intend to yield these
territories 10 Mexico she acknowledges herself
whipped still Congress should egslate this subject
Government that powers like those by
in California and New Mexico, General Jackson,
when first commissioned Governor of Florida by Mr. Monroe
and in yielding up, he said man ought be invested
with such power again in this country This esoutons not
to effect the anHeLdfi01is not to California New
Mexico TO the United States after the fashion of Texas
in any wise, but only that the government there till
quer peace shall be Of cir law and military law
alone The spectacle the honorable Senator from Missouri
earnestly begs TO be spared from is spectre conjued
up by his Imagination wholly II is not dreadful.
II is merely the establishment of a government Of cirl
kacs substitute for the law Of the sword-in the
place Of arbitrary military power do not propose TO
censure 10 review the conduct Of officers there.
find fault with it, Nay, they voluntarily put away
their powerdsrobed themselves Of despotc authority which
they could rehtfuy exercise, would applaud them II is
said the laws Of nations and Of all efficient TO govern
these territories. will ask how is debt to be collected
under the laws Of natonshow the governors, Judges
attorneys mashas &c appointed under the laws Of nations
be paid who fix the Of their compensation
han off ha