The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-09


fore US would rather admit California and New Mex
leo into the Union State utterly unfit as think they
than to arm the President with despotc powers to
govern those erritOres not from any dstruSt OIL the IN
dvdual by whom those powers would be exercised but
because consider such delegation of authority to any
individual utterly indeensibe.
The proposition OF the senator from Tennessee rs dis
posed Of and have therefore not word to say IN re-
spect to It, But there three other propositions before
this body hrst the bill introduced by the select commt
tee, of which the Senator from Illinois Mr. DoUGLAsl is
chairman; second, the amendment OF the senator from
| Wisconsin, now under immediate consideration; and
third the territorial bill which was received from the
House Yesterday and referred to the Committee Ter
rtories this morning. The first creates State out OF
portion of California and admits into the Union it also
creates the State OF New Mexico fatur0 and leaves 1t
ont of the Union The amendment of the senator from
Wisconsin vests in the President all the power which
Stale or Territorial government ought to possess over
both territories tauthoriZes him prescribe and estab
fish all proper and needfu rules and regulations, in
formity with the constitution of the United States TO
carry into operation the laws referred to in the first part
of the proposition for the preservation OF order and tran
quty and the establishment OF justice therein mot an
executive but creative power and from time to time to
modify change said rules and regu atons in such man
may to him desirable and proper. 1t author
ICES him establish offices and to appoint and commission
officers for such terms he may think proper and to nix
their compensation It is literally arming him with die die
taorial powers. 1t appears to me to delegate 10 hlm
nearly in the language OF the constitution, the power
under which the authority to establish governments for
the territories has been claimed And SIR, II the Presl-
dent elect taking into his hands the rens of
men should find himself, in respect to the States less
absolute ruler than he at the head of his army, he
will, in respect to these territories, be amply ndem
nied for any dimnution of authority he may have
sustained by exchanging military for a civil station.
He will find himself in the possession of larger powers
than he before possessed. repeat, my objection
founded on any dstrust 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 not consent to delegate to any ndl-
vdual, whatever confidence may have in him. the pow
ers this amendment proposes to confer'mighy powers
as the mover himself pronounced them.
forbore Mr. President, to take any part IN the debate
while the Senate was in committee OF the whole except
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 10 be out OF place But
when this amendment had been adopted by deliberate
vote of The Senate prepared bll-a full territorial
biil-wh view 10 establish government in California,
the basis of law, with powers clearly defined for the
governing, and rights clearly defined for the governed
When the territorial bill was received yesterday from the
House, resolved not TO offer mine as an amendment to
the bill before us, extremely averse as am to all OF
these propositions IN the manner IN which they are pre-
sented hold territorial government the only proper
one be created for these territories, under system like
ours excepting for the merest temporary purposes The
object of the amendment of the senator from Wisconsin
is more than temporary, whatever its language may i'm
port 1t has 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 the majority OF the Senate, that consider
the most Objectionable proposition have been required
to vote upon since have been member OF this body
Precedents have been cited to sustain this amendment
isiana Now, sir let me refer to dates TO see how far
the presidents applicable to it. The treaty with SPAN
tor the cesson of Florida was ratified here on the 22d OF
February 1919, and it to be ratified in six months
or sooner if possible, by the King of Spain. This was
the short of Congress- aud the months would
have brought to the aa August 1872 when Congress
not in session. The act of the Sd March OF that
year therefore passed. authorizing the President to
take possession of the Territory 1t was to expire at the
not ratified by the King of Spain until the 2th of Oco
Der, 1920, and believe Florida not taken possession
of under this at all The treaty. ratified by Spain
sent 10 the Senate on the l4th February 1884, as
the ratification not within the time limited 1t
ratified by the Senate the 10th February of that year
The act of the Sd March, 1921, was then passed. re-
was also expire at the close of the next session of
Congress. The senator from New Jersey stated that
Florida governed about three years under the act OF
| 1919. Am misaken'
! Mr. DAYTON. Two years,
Mr.. DIX. The territorial government of Florida, as
have stated. was established on the Both March, 1922
year and twenty days after the passage OF the
authorizing the President to take possession OF the
territory.
| The Louisiana treaty was ratified by the Senate the
Goth October, 1903 An act was passed on the 81 OF
the month"; eleven days afterwards, authorizing the
President TO take possession OF the terory and this act
also expire the close of the next session of Con-
gress On the 25h March, 1904, territorial govern
men was established, TO take effect the LIST October 1904
The power exercised in this case eleven months In
both cases. the duration OF the act limited to the
close of the ensuing session OF Congress. The powers
conferred expire at certain PERIOD The want
of such provision in this amendment constitutes OF
the strongest objections it, But this omission
sinks into ;nsigni6cance when compared with the mag
ni,ude Of the powers which the amendment confers
cannot believe this amendment can receive all the
constitutional sanctions necessary TO give 1t the validity
of law SHALL therefore, proceed to examine the other
propositions before the Senate, as we may be called
upon 10 act on them when II is TOO late for discussion
wish 10 avail myself for very short time. OF the privi
ege which has been taken by other SENATOR'S OF speak
upon the different propositions before us.
The lih May, 1881. the day fixed for the meeting
of the federal convention by which the constitution OF the
| United States framed. majority of the States
was not convened until the 25th OF the same month
and nothing done, with the exception OF organizing
and adopting rules for the orderly transaction OF business
until the 2pth when Governor Randolph, OF Virginia.
10 use the language Of the Journal, "opened the nam
business OF the session = he expressed himself,
the grca, subject Of their MISSION" lie spoke of the
difficulty of the crisis the necessity OF revising the fed
ers system, the properties such government ought TO
posses the defects o, the confederation the dangerous
situation Of the States, and the remedy. HIS PROPOSE
tons Tor the and enlargement OF the articles OF
confederation 10 accomplish the objects OF their
institution, stated ses:c- of resolutions OF
which declared that provision ought 10 be made for the
admission OF States, lawfully arising within the limits Of
the unei States, whether from voluntary junction OF
dlaiely followed by Mr. Charles Pinekney, OF South
Carolina, who presented plan OF federal constitution
in which Il provided that the legislature should have
power admit States into the Union the same
terms with the original States provided two thirds OF the
members present IN both houses We all know IN
what these propositions we're msdie1 in the
subsequent proceedings OF the ooavcron, and the lni-
tstons by which the exercise OF the power guarded
by the flsnefs of the constitution. How far the extern
SION OF political JURISDICTION beyond the existing
boundaries oi the States AMI their an con.
Temptation at that time. do not stop to inquire We
1 -. II al.