Weekly national intelligencer., 1850-08-03

AL power is inherent the people all free Governments
able and ndefable right institute Government, TO alter
and rsorm to totally change the same when their safety or
happiness requires IT,"
pubicanm Of the British constitutions Of 64O, Of 1858, and
the American constitution Of l776 Well have they estsS
hshed hing, with hereditary astocracy exercise the
powers OF government No. sir quite the contrary
"The powers of the Government Of the Of New Mex
leo shall be divided into three distinct departments and each
OF them conded to separate bodies Of magsracy wit
Those which are Legislative to those which judicial
to another; and those which executive, another
No person. collection of persons being of Of those
departments shall exercise power properly belonging to
either the Others except those hereinafter
pres,ly directed permitted.
The legislative powers Of the State haN be vested in two
distinct branches be styled the Senate the other the
House OF Representatives and both together the Legislature
OF the State Of New Mexico The Of all laws shall be-
Be t enacted by the Legislature Of h State g New yMco.
chosen BY the qualified electors and their Office shall
be two years from the day Of ser general election and the
session Of Legislature shall be held annually such time
The Senator's shalf chosen by qualified electors
the term Of four year and shall be divided by lot into two
classes, as nearly equal IS may be.
The Governor and lieutenant Governor shaa be elected
by qualified electors the State the places OF
choosing members of the Legislature.
The judges of the Supreme Court shall be appointed by
the Governor with the consent of both Houses OF the Leg
ature joint ballots and shall hold their Offices for the
of years. and until their be duly nominated and
qualified"
"A general diffusion of knowledge being essential the
OF liberties OF the shall
be the duty Of the Legislature of hi, State make suitable
for the support and maintenance of pubo schools
The Legislature SHALL early day practicable e
tabish free schools throughout the State and s furnish
means for heir support by taxation and shall be the duty
OF the Legislature to apart not less an oneweh of the
annual revenue of the State derived from taxaton per-
peta fund.- which shall appropriated to the support
OF free public schools and law shall be made dverng said
fund TO any other use.
wards Africans, the descendants OF Africans and nncvi
5ed Indians escePted belonging to either of the following
classes and who shall have resided in this State for months
election
FIRST Citizens the United States residing in this State
Second Persons who elected to remain citizens of the
Republic OF Mexico according article eighth the treaty
peace made and concluded between the United States
North Amerea and the Republic of Mexico Guadalupe
dago, and ratified by the Congress of the United States the
thrteh day of May A. D. s4s who shall have taken
of Supreme Court in this State or before clerk Of
court OF record this State oath renouncn and aurng
all allegiance fealy the Government OF the Republic Of
Mexico and to support the Constitution OF the United States
and OF this State.
Third Persons of foreign BIRTH referred in two
become citizens Of the United States conformaby
OF the United States on the subiee' of na,9ral1a,ion
tied to vote.in this Stase."
This, then, is the constitution Of New Mexico It re-
publican constitution and the argument of the Senator from
Maryland against the admission oNew Mexico is Ieted
Mr.. DAYTON. 1t is part Of my purpose to arragn
the Senator from New York. 10 make any upon
course which he in the exercise of his best Judgment
may deem advisable take But cannot but feel that
when acting jointly in reference particular
sure, have something common, and there something
due from to the other. And it seems TO that the
Senator yom New York would have better consulted tho
views Of those who generally in their action upon this
he had avoided offering this amendment this
time This amendment belongs altogether different ns
% ans ne whole % sae Of Ss SsS a g ,an s to
proposition stand alone That is the PIurr
effect of it, cannot vote for Ris amendment, whe the
IL, ho haaJ
mission Of New Mexico alternative. Tcanno vote for
this amendment and appeal to the Senator from New Eork
and inquire what the effect Of this very amendment on
supposition that you incorporate it in ais omnibus bill
having other provisions for which the Senator from View
Yok will vote After having adopted this very amendment
this line Of policy, the Senator himself will have 70 vote
against Omnibus bill Then in Wha! position are we
placed by il submit 10 the Senator from New York,
with very great respect that would have been bete WISER
not to have mixed up this question with this omnibus BILL
Let stand alone upon our own, or different policy
But unwilling to vote for this amendment for another
did not wish 10 be forced 10 vote against the ad-
mission Of New Mexico, under proper and
alternative am unwilling to do any thing like
What is proposed by this amendment. feel that this
natter is premature and am unwilling to transfer to the
PRESIDENT of the United Saies any other power earth
hat rgh which the constitution hiss imposed to judge
whether the constitution Of the State which is offered here
epubcan The constitution makes il necessary that
congress shall pronounce upon that question. How under
Tod trans that constitutional duty the Executive
nd then satisfy conscences and constitutional obga
ions with that transfer 7 canno, do it.
Again, am unwilling to place the Of judging the quss
of boundary upon the President This amendment only
if the President shall be satisfied that the people of New
fexico have approved of constitution wha constitution
does not and do not know because the paper from
'hch the Senator has read has official authority here
e is to admit them by proclamation
Mr. President, l regret very much that the Senator
houd have felt il his duty to embarrass in this way
not complain of it because he is in the exercise OF his just
nd legitimate rights Senator this floor. The effect
is to drive those to apparently against the admission
New Mexico, who, the question separate, and she
ould stand alone, would for it. It with this pur
ose and with these views that submitted that this PROPOSE
ion should be withdrawn.
Mr.. SEWARD regret that the Senator from New Jsr-
sy should have felt himself embarrassed by this proposition
3ut the yeas and nays have been ordered wished
which do not it would be out of my power to relieve my
elf At the time desire say that do not find the
difficulties which lie in his way. He says he must examine
be constitution for himself and not delegate it to the Pres
lent of the United States have referred nothing the
President Of the United States but ascertain historical
act whether the constitution has been ratified by the people
,f New Mexico in convention held certain day for
hat purpose. The constitution will then up for
doption said in the outset that il was not myself who
responsible for the premature presentation of the propo
tion-that this BILL if 1t passes, that will shut the
ioo against New Mexico when she shall come here with her
constitution in her hands, and with her delegates here
ain and support her rights. She is turned adr without
making her appearance and therefore is that prepared
one upon the information have, for her admission,
order TO secure her in her rights other Senators
they in their discretion, may think right and proper
They will have their reasons have doubt Justify
themselves to the world. For my part, willing to act
low for her admi. sion.
Mr.. HALE. | concur with the Senator from New Jersey
what he has said in regard to the amendment Of the Sena
New York. n he