The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-24

ending June JUth, 1885, pending pelng
upon the following amendment submitted by Mr.. WALKER,
with MIR. FoorE's modification In brackets.
sre Ard be further enacted That the constitution Of
the United States and all and singular the several acts OF
Congress respecting the registering, recording snrolng,
or licensing ships vessels. and the entry and clear
thereof and the foreign and ceastng trade and
fisheries and all the respecting the imposing and
collecting of duties or imports, and all acts respecting
trade and intercourse with the Indian TRIES. and all
respecting the public lands Tor the survey sale
thereof and all and singular The other acts Of Con
visions whereof suitable and proper TO be applied
the territory OF the Rio del Norte acquired from
Mexico by the treaty OF the second day Of February,
eighteen hundred and forty eight 10, and the are
and efficacy in all said territory; and the President of the
United States be- ard he shereby authorized prescribe
lin conformity with the constitution of the United sates)
for the enforcement OF said laws in said territory and
lishnen of justice therein, and from time modi
y change the said rules and regulations in such
as may seem TO him discreet and proper and pre-
scribe and establish, temporarily such divisions districts,
ports Offices and arrangements proper for the execution OF
may be necessary administer such laws in said terrific
ry for such term terms he prescribe, whose
thory shall continue until otherwise provided by Con-
gIe' said officers to receive such compensation as the
President may prectbe not exceeding double the com
States, or its territories, for like services and enable he
lars be appropriated out OF any money in the treasury
otherwise appropriated
Mr. DAYTON. Mr. President now propose to carry
bate Wednesday last which is amend the amendment
proposed by the honorable from Wisconsin by the
amendment which yesterday sen.o the Chair and which
Is now on the table. That amendment sir, consists in
nothing but the which gave temporary government
to Florida and louisiana. 1t provides A.
THAT until the end of the first session of the Con,
gress unless other provision the government
rtories recently acquired from Mexico, nndr The late
lS 'asa soeona m es"e
the military, civil and Judicial powers exercised by the
shall be vested in such person or persons and .ha be
exercised in such manner as the President Of the Uni
ted States shall direct for the antaning the inhabitants
|
properly, and religion and the laws of the United STATES
tcnded to said territories Aud the President of The
United States shall be and he hereby authorized, within
the Aforesaid, establish such districts The codc
of the and during the of Congress ap.
point such officers, whose commissions shall expire the
end OF the next session OF Congress, to enforce the said
laws, as 10 him shall seem expedIen, said officers 20
ceive such compensation as the President prescribe,
similar officers OF the United States its Territories 10
like service and to enable the same 10 be doae the
any money in the treasury not otherwise appropriated"
said, Mr.. President, when this up on Wed
ncsday last that the proposition of the senator from Wis
consn mbodied, TO some extent at least my views of
what ought be done during this session of Congress but
my impression from hasty reading of that proposition is
that would be better adhere the fixed precedent
past legislation willing, for one give the
ritory Of California sovernmentehcr temporary one,
such given Florida and louisiana the ordinary
form of Territorial government But that
cannot overlook the fact that under existing cIrcum
Stances it is scarcely probable that any Territorial bill will
pass during this session | may be pardoned for saying
that if such bill pass the House. it will pass with peculiar
provisions in reference the subject of slavery and such
a bill will scarcely pass this body; and, should it
pass this body, refer only to public and public
declarations of the President, when say that ultimately
become law The question is, therefore, whether
will give to California temporary government
government For one, repeat again, disposed
provide for this country of the character
provided for Florida and Louisiana and prefer
tina, should be under operation of my amend
rather than that should be raised under the opera
ton of that proposed by the senator from Wisconsin,
suspect that there is something that amendment
the from Wisconsin. The proposition of the
tor is in the first place, objectionable, because it is
new In the next place, 1t IL Objectionable because it
In this indirect way to settle tho question of bound
airy between New Mexico and Texas. 1t limits this spe-
cies of territorial government to country which lies
of the Rio Grande in the third place. and more es-
pecialy Objectionable because extend by
present enacments the constitution Of the United States
over the territories of California and New Mexico.
Now, the first place. this Is Objectionable because
its changing the present condition of ,hngs
the question of carrying slaves these territories 1t
been held by established Judicial authority that the cons-
or reach the territories ALL You about, then, by
legislative enactment extend the constitution of the
try country which the constitution does not,
and cannot extend, until you admit it a State. If
the constitution does not by its inherent power,
extend TO the territories, as the Supreme Court of the
United States have held, act of legislation extend
its operation But if you do extend its operation by
legislative enactment then you alter the position of
great interests in this country Our friends of the South
say that under the operation of the constitution, they
have right to take slaves wherever that constitution
reaches 1t does reach, according judicial dcc
sions to California. You seek by special this amend
men TO make the constitut Overreach California and
New Mexico, and thus give according the southern view
of their rights under the constitution, privilege which they
would otherwise have In the first place say that
you cannot by legislative enactment extend the
tion and if you did, would be right under existing
circumstances, to change the relative position in which
parties stand reference this slave question: in this
direct way Now, in forming this temporary government
for California of the free States ask no advantage and
are disposed to yield advantage We are willing to
govern the country shelter the people from disorder and
anarchy but leave the law and other matters to remain as
they
Now sir in lieu Of this provision suggested by tho sem
aor from Wisconsin, offer southern friends to the
country, that species of temporary government which
been yielded by the North the Souh-o the slave
of Florida and Louisiana And ask our southern fiends
now whether they will not be willing adopt for free
country the species of government which cheer.
| fully extended TO Florida, slave country
When minated my purpose offer this section in lieu
of that proposed by the from Wisconsin was not
that the honorable from sets was
disposed to offer any proposition That proposition
snted except in of its phases 1t docs extend the
laws the country which to me is abb
solutely essential have IN offering this proposition to
establish temporary government there stricken the
clause which prevents the importation of free people
coor have done this simply for the purpose of relieving
the scns'bies and gratifying the feelings of
friends That clause in the Florida extends only the
fore gn slave-lrade and that prohibedt piracy
by law At all events, it is useless and have therefore
cheeru'ly erased from the proposition. prefer this
proposition, because tried precedent in two cases and
has been found to answer the purpose
Now, permit call the of the Senate To the
modes which this has been used in time past