The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-18
CONGRESSIONAL.
SPEECH OF NM. DIX.
OF NEW YORK.

In SESArE-H ednesday February Is, 1919.
The civil and diplomatic appropriation bill having been
reported to the Senate from the Committee of the Whole
and the question being concurring in the amendment
OF Mr. WALKER in relation to the territories acquired
from Mexico
asking the indulgence of the Senate al this late period of
the session bat feel my duty 10 make remarks
upon the amendment offered by the senator from Wiscon-
sin, (Mr WALKER) and the general subject to winch It
relates regret also, to be under the necessity OF dis
cussng the providing government for Cafor
MA in the form under which it presented to usin an
amendment to appropriation bill Independently OF this
objection have considered it, from the beginning
OF TOO great importance to be disposed Of in this incl
Tsn s M BraL N the form Of an amend
s~sas this b--wes almost ruled of this body,
upon the ground that it nconguous and out OF place
Ii received in the end but four votes consider this
amend nen equally irrelevant and misplaced.
The amendment of the senator from Tennessee pro-
posed to admit California and New Mexico into the Union
as State. The amendment OF the Senator from Wis
consin the President with extraordinary powers to
govern those territories. On the score OF congrulty, IN
respect to The general purposes OF the bill upon which
they were proposed to be engrafted difference
between them; and do mol understand how proFo-
sition should be resisted the ground that Is incon-
gruous, and the other enisItaned unoheconable in
this respect. Although did not concur in the propuety
OF the proposition OF the senator from tennessee, and al
though considered his argument not very happily ad-
us,ed to the conclusion AIMED to enforce yet must
say that decidedly prefer his proposition to The one be-
fore US. would rather admit California and New Mex
leo into the Union State wholly unfit think they
are, than the President with despotic powers to
govern Them from any disust OF the individual by
whom those powers would be exercised, but because
consider such delegation OF authority TO any individual
utterly ndetens!ble
The proposition of the senator from Tennessee is dis
posed of, and have therefore not word to say IN re-
spec to it, But there three other propositions before
this body first the bill introduced by the select commit
of which the Senator from illinois Mr. DoUGLAs]
chairman; second, the amendment OF The senator from
Wisconsin, now under immediate consideration; and.
he tprr w
House yesterday and referred to The Committee on Ter
rtories this morning The first creates State out OF
portion of California and admits II mo the Union; 1t also
creates the State of New Mexico tuturo and leaves it
ont of the Union. The amendment of the senator from
Wisconsin vests in the President all the power which
State Territorial government ought to possess oven
both territories. ltauthozes him TO prescribe and estab
sh all proper and needful rules and ulaons, in con-
formy with The constitution of the United States, to
carry operation the laws referred to in the first part
of the roposon for the preservation OF order and tran
guilty, and the establishment OF justice therein, mot an
executive but creative power, and from time to time to
modify change said rules and regulations In such man
may to him desirable and proper 1t author
hun to establish offices and appoint and commission
officers for such terms he may think proper and 10 x
their compensation 1t is literally arming him with die
tatoral powers 1t appears to me to delegate to him.
nearly in the language OF the constitution, the power
under which the authority to establish governments Tor
the territories has been claimed And SIR, II the Pres-
dent elect taking into his hands the rens of govern
ment, should find HIMSELF in respect To the States, less
absolute ruler than he was at the head OF his army he
will respect to these territories, be amply lnden-
nihed for any diininu,on OF authority he may have
sustained by exchanging military for civil Staten
He will find himself in the possession of larger powers
than he before possessed repeat, my objection
is not founded on any dsrust of the individual by whom
these powers to be exercised. believe him to pos
honesty and truth, the highest ornaments OF exalted
station. But will consent to delegate to any indi
viJua whatever confidence may have IN him, the pow
this amendment proposes to conter-"mghty powers,
as the mover himself pronounced them.
forbore, Mr.. President to take any part in the debate
while the Senate in committee OF the whole, except
to urge that all such amendments might be Withdrawn.
forbore TO make any proposition, by way OF amendment,
to that offered by the senator from Wisconsin, because
believed all such propositions TO be out OF place But
when this amendment had been adopted by deliberate
OF the Senate, prepared bll-a full territorial
blwith a to establish government IN California,
ON the basis of law, with powers clearly defined for he
governing and rights clearly defined Tor the governed
When the territorial bill was received yesterday from the
House, resolved not to offer mine an amendment to
the bill before u.s. extremely averse to all of
these propositions. the manner In which they are pre-
sened But hold territorial government the only proper
one be created for these territories under system like
ours, excepting for the meres temporary purposes Inc
object of the amendment OF the senator from Wisconsin
is than temporary whatever ITS language may Inn
port 1t has no limitation in point OF time The powers
it confers equally unlimited IN scope and DURATION
And, Mr. President, am constrained to say, with all
Difference to the majority OF the Senate, that consider
the mos, Objectionable proposition have been required
to upon since have been member OF this body
Presidents have been cited to sustain this amendment
one the of Florida and the other IN that OF Lou
isana Now, SIR let me refer to dates to see how Tar
the precedents applicable to it. The treaty with SPAN
the cesson OF Florida ratified here on the 22u OF
February 1919, and be ratified in six months,
sooner, il possible by The King of Spain. This was
the short session of Congress- and the six months would
have brought the 22d August 1919, when Congress
was not in session The act of the Sd March OF that
year therefore passed, authorizing the President to
take possession OF the territory. was to expire al Inc
end OF the of Congress But the treaty was
not ratified by the King of Spain until the 2fh OF Oco-
ber 1920 and believe Florida was not taken possession
of under this act at ALL The treaty, ratified by Spain
was sent 10 the Senate the lith February, 1871 as
tho attic atom was not within the limited IL
ratified by the Senate the 10th OF February OF that year
The act of the Sd March, 1921, was then passed. re-
enacng substantially the of the Sd March, 1919 his
was also to expire at the close OF the next session OF
Congress The senator from New Jersey stated that
Florida was governed about three years under the act OF
1919 Am mistaken?
Mr. DAYTON: Two years.
Mr. DIX. The territorial government OF Florida, az
have stated was established the 3oth March, 1922,
one wear and twenty days after the passage OF the
last act authorizing the President to take possession of
the territory
The Louisiana treaty ratified by the Senate on the
20h of October, 1903 An act passed the 3Is OF
the month"; eleven days afterwards authorizing the
President take possession of the tertOry and this act
was to expire the close of the session OF Con-
gress On the goth OF March, 1904, territorial govern
established, to take effect the 1st of October,
The power exercised in this eleven months
In both cases, the duration OF The act limited to the
close of the the ensuing session OF Congress
The powers conferred 10 expire at certain peoa
The want Of such provision in this amendment consul
utes of the strongest objections to It, put ess" ,
omission sinks into insignhcance when compaeu WIN
the magnitude Of the powers which the ahehune"' ooi
fers. -
cannot believe this amendment can receive an ,ne