The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-19

L
from gentleman residing in the territory, who is
entitled 10 beef-who has been acting an alcsde-
who has almost the entire control of all questions arising
OF judicial character; and who perhaps might have
overturned the old established custom in New Mexico
have experience also, IN relation TO their conyen-
tons myself; for came very near being subject for the
calaboose al time Tor attending OF them. The
manner in which the MeXcans call convention is this:
The officers OF the jurisdiction call Tor such citizens
as they may see ht they hold what they call a
after l went to Iexas-lt was about the time that
the difficulties grew up in the federal government
was called in 10 attend OF those conventions
The result was, that all invited to exp.es our
opinions; and mine was expressed very freely. The
consequence was, that Immediately the adjournment
the presiding officer ordered TO be put INTO the Gala
boose and ii there had been Americans than
Mexlcans present. they would have effected their pur-
pose.
Now sir, that this matter is under investigation who
are these individuals When was the meeting held? If
that petition proves anything at ALL il proves that
have no right there; and II certainly argues weak cause
TO resort TO argument OF this description. What Has 1t
come 10 thls-that upon question which has been
agltaed since the foundation of government, 10
which the attention of the American people has been al
ways drawn-we must be instructed, now, by these
New Mexcans? regret, sir that this subject has been
dragged IN at this unusual stage. Without any reference
To tins question of dlerence-not knowing who the
committee either side shall vote for the reference
of this subject 10 the Judicial Committee, because be
lleve 1t involves very important legal questions, which
Mr. BERRlEN. desire simply TO say, that before the
question is taken the Senate should know how matters
stand. The Committee on Territories was established,
think 1914 The first question after the establishment
of that committee upon the admission of the States Of
Iowa and Florida Upon the motion OF Mr. EVANS of
Mane the question up for discussion, whether that
bill should be referred, not the Committee on Ter
ritories but TO a seiect committee. Mr. EVANS OF Maine
moved that that bill should be referred to select
committee and after discussion 1t decided by the
Senate that should be referred to the Committee the
Judiciary. Then there was proposition to abstract
this from the Committee on the Judiciary but then it
committee to which ii might properly be referred That.
sir, was in 1915.
senatves for the admission OF the State of Iowa into the
Union read the first and second me and referred
to the Committee the Judiciary. That two years
after the Committee on Territories had been in ex-
istence.
In lsi7 the bill for the admission of the State of Wis
consin into the Union read the first and second time
by unanimous consent, and 1t was ordered that it be
ferred to the Judiciary Committee. That the third
reference after the Committee on Territories had been
existence
At the last session. the bill for the admission of the
State of Wisconsin into the Union, sent here from the
House of Representatives referred to the Committee
reference to that committee IN opposition to three distinct
references to the Committee on the Judiciary.
Now, sir one word in reply 10 the suggestion OF the
chairman of the Committee on Territories, in
the remark OF the gentleman from Alabama, that the
bill in violation OF the ordinance OF 1887 apd that 1t
received the deliberate sanction of the Judiciary Commit
tee beg leave to say that that bill passed In the
House OF Representatives and sent here's and was sent
TO the Judiciary Committee before any such question
raised The committee merely reported the bill back to
the Senate without amendment without being aware
far as know, that such question had been proposed.
The Senate in possession of the facts, and may
decide whether will adhere to the reference which has
been three times made since the formation of that
mittee, the isolated reference alluded to by the chair
man of the Committee on Territories
Sir do not feel disposed to enter into discussion of
the matter apart from the usual custom. But think
that there is senator here who will look into the
bill, and will notice its extraordinary character and the
legal and constitutional questions involved in the discus
of that BILL who will hesitate to decide that if there
be any purpose in the establishment OF Judiciary Com
mitiee in this body that committee is the proper one to
which this bill should be referred.
Mr.. BUTLER. One word sir, upon the subject Of
the bill passed at the last session. The senator from
mittee the first place, and the Senate subsequently,
allowed part of the Territory of Wisconsin falling under
the ordinance of 1857 to be taken Oft hereafter asi
will be in very short tme) to be organized into State
In answering that question:. may perhaps sufficiently
the objections urged by the senator from Indiana.
In answering him, and in answering the chairman OF the
in regard to that matter when 1t came before the
committee 1t is unusual to refer TO the action of
committees of this kind; but in that committee stood
alone. When they proposed to take off part of Wis
Consin | said TO them "Gentlemen, stand alone
upon the subject of this proposition | am from part
of the country that has observed, so far | know,
all the obligations that have been imposed upon it, |
solemnly object to this bill and ask you to comply
with the ordinance OF 1857" But standing alone upon
the committee the bill reported to the Senate, and
was passed, in my absence, into law, you would then
have heard my voice upon the subject. agree with the
senator from Alabama his OF the matter But l
cannot take my seat now without making remark to
the from Illinois, the chairman of the Committee
Territories So far as know, he has acted in good
faith; and although in this bill he makes provisions obi
Gus to one section of the Union still, for aught |
know, he has acted in good faith, and has endea
vored to avoid, far as he could, these Irritating
questions before the country But when the
senator near me Mr.. BRIGHT chooses to say that
the Committee the Judiciary is now constituted
that all but one OF its members from the Soulh
he will do me the justice to say that insisted upon
placing on that committee gentleman from The Norh
who is entirely opposed to me i'll many OF my views
and did this because he is good lawyer. There has
been no design in organizing the committee.
believe, lar regards the organization OF Stale
government, that the federal government in maknga
State conters upon absolute powers. This IS Inc
first time that have heard it intlmdted that 1t reserves
regulating power. | have always supposed that IN Inc
States were vested all the attributes of sovereignty
When State asks for admission into the Unlon the or
ganizaton of that State equivalent to making deed
giving it certain powers As | have before SAID ms
would be precedent unknown in the history OF the led
era government.
have found myself sir contrary TO my intention
when rose, betrayed into remarks of this kind ! IN,
tend to make nvidious distinction between different
committees, rose simply to state the fact thai wheh
the bill cutting OIL portion OF Wisconsin was pel9e pe
Judiciary Committee, stood alone; and II had peen
in the Senate at the time the bill was read, you would
have heard my voice here, it heard IN the COM
mitee
Mr. NILES. concur with my friend, the senator
from Georgia Nobody can be blind as not to see uhe
real character Of this bill This is Territorial bill, wlma
different Truly, the gentleman cannot be serious
into the Union, composed of 100000 square miles win
pOpuation. without a constitution The cOnSlllu-