The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-25

onal oath How them can they act except in the OBJ
servance of the provisions OF the constitution They
can act in other way. Here follows another provision
| "Propidsd, nepufhsess. That martial law shall be
proclaimed declared in said territories either of them
any military court established or Instituted, except or
binary martial for the trial OF persons belonging
the army and navy OF the United States"
Now, sir, in that second section the proviso intro
duces valuable prohibition. These officers, provi-
ded for in the second section 10 observe these resc
TONS and the term of the continuance of the Mexican
code is only until July T. 1880, unless Congress sooner
provides
mir FooTE requests TO state for him, that he spoke
repeatedly and length before the midnight hour
not Gas distinctly understood in the Senate at the
time, and has become notorious since everywhere
for the purpose OF discussing regularly the question be-
fore the Senate but Tor the purpose of forcing The friends
OF ill., Wmot Proxiso in the two houses of Congress- to
recede from the amendment which understood at
the time to have been offered in the House, and which
was substantially the amendment OF MIR WEBSTER,
rejected by that body. Whilst Mr.. FoorE was upon his
feet, messenger after messenger came to him from the
House urging him still to continue his remarks, as was
certain that the House would ecede IRON ITS amendment
when the hour OF midnight should draw near IN order 10
save the civil aud diplomatic appropriation bill from de-
| feat. After midnight, Mr. FooTE, Mr.. lURNEY and
other senator's resolved 10 speak until noon on sun
day, If necessary. IN order TO prevent the Adoption
of the House amendment by the Senate; which 1t
was believed by those senators could not but =, be
productive OF the most disastrous consequences. The
discussion was, therefore, hercely kept up until Mr..
WEBSTER agreed to give up the amendment referred to-,
and suffer the bill to pass without it, when these gentle
men withdrew further opposition and permitted the civil
and diplomatic appropriation bill 10 become law, they
declining TO vote at all after midnight, and avowedy re-
naming In the Senate after that hour, alone with view
to prevent what they deemed mischevous legislation by
others. These being the facts OF the Mr. FoorE
perceive necessity for occupying the columns OF
the Union and lnelgencer with any considerable portion
of his remarks the last night OF the session He is
content with having aided, in the only way then prac
cable in defeating proposition which, had IT assumed
the character Of congressional enactment, might have
placed the Union itself in jeopardy, and would have given
the deepest dissatisfaction to all the southern States of
the confederacy
Mr., DAVIS Of Mississippi moved TO Disagree and APP
point committee OF conference TO take the subject INTO
consideration in order that the whole provision relating
10 the government OF California might be stricken out,
that at the last moment of the session they might, at
least provide for The civil and diplomatic expenses OF the
country.
Mr. DOUGLAS. That, sir is the last Of all PROPOSE
lions that can consent to- would rather see the dplo
matte appropriation bill fail than see government for
California fail and, sir, between the two evils II does
not take instant to choose which will prefer
have started every form of bin upon which have
been able 10 vote in order to We government to Cali
lorna am prepared to DO It yet, so lar as can do It
consistently with the principles hold but sir, cannot
consent TO abandon the whole and leave the people
Of California without government, in order to get a
little money Tor our own office holders Sir for what shall
the people of California be thrown OFT For what shall
they be exposed 10 all the horrors OF anarchy boodshed
murder, and rapine For what sir? Merely because
there is technical difference between the amendment of
the House and that of the Senate Sir, if there
others willing to stand by the proposition OF the Senate
was bringing my mind to stand with them, and do not
give my own consent 10 ABANDON IT. Du SIT, II the pe0
pie Of California to be abandoned if the friends Of
California to be betrayed |, sir, am for concurrng
with the House amendment that has clinched the nail
What is the difference between these two propositions
There is not shadow of difference. There is no legal
difference al all not particle, sir There not lawyer
in the Senate who show particle OF legal difference
between the Senates amendment and the House amend
ment Sir it's quarrel upon terms controversy upon
words, controversy for triumph. Yes, sir the Senates
amendment does continue the existing laws OF the terri
tory The Supreme Court of the United States have de-
cidei the question 1t is distinctly understood sir the
Supreme Court decided that the laws existing in
quered country continued in force until they were re-
ealed by the competent authority of the country conquer
ing them No man can doubt that legal proposition. The
bill voted for at the last session went upon that same
proposition 1t left the existing laws in force, and then
gave ght to leglsate when we chose The Senates
amendment leaves the existing laws in force This
amendment declares that they continue in force. The
difference is that the House amendment declares them
legally already existing. That is the only difference be-
tween the two propositions, SO far as the law OF the case
! is concerned
this proposition came in, to learn whether there was any
difference in point of law between the two propositions
willing to vote to adhere to the Senate's amend
men if | believed that there was any respectable
chance of procuring passage of the bill, and there
by giving government to California. | saw the propo
sition made here deliberately to abandon the people of
Mississippi the other side, has Just made the proposition
to abandon themand for what That the office holders
may get their salaries that can be secured this people
may be robbed, murdered, pundered, and you not
Sir If there is anybody to be abandoned let 1t be your
olliceholiers at home. And sir, since this proposition
has been made, for one, for agreeing with the
House for adopting their proposition,
| Mr.. DAVIS Of Mississippi. With the permission OF
the senator from Illinois, will correct hun am sure
he does not wish to msrepreseAt Sir, my purpose
was 10 do that which it was in our power to perform,
rather than to waste the last moments of the session
upon that which II was apparent we could not achieve
As to people being murdered and to abandonment of
the people of California, why, sir, California is filling with
American citizens, carrying with them power of pro
lection and government wherever they go, and they need
not the projecting hand Of the government of the United
Safes; they have the elements of government in them
selves, and need not our protection.
| Mr.. DOUGLAS ! cannot say that | am glad 10 hear
the explanation of the senator from Mississippi, when
that explanation goes to show that the people OF Cali
iona to be abandoned by this government. He
CUES in defence of the abandonment, that the people
able to take of themselves He ought to have made
that argument against the Senate's amendment Ii is
argument against the Senae's amendment; argument
against the territorial bill argument against State
bills an argument against all legislation For that
reason sir, told that pass no law for their
protection.
Mr. HUNTER | rice to suggest an amendment.
which perhaps may enable to compromise If, sir in
the second section they will adopt the words after the
existing laws thereof so far may be consistent
with the constitution of the United States" so as to
enact the existing laws only to that extent think it
probable sir, that all will be relieved Now sir if
understand it, the senator from Massachusetts, and
others here, wish to compromise upon the principle of
leaving the great question undecided OF leaving the
pie themselves to determine this question.
| Mr. WEBSTER Will the honorable senator allow
me word | feel intense desire that this debate
should terminate Now, sir, will put it to the candor
of honorable senators whether is worth while IN
when there is in the bill provision that the constitution
of the United States TO go there and there are any