The southern press., 1850-09-03

the claim of power in the President to proclaim
martial law in time of peace, within the juris-
diction of our laws. Yet Notwithstanding this
disclaimer, we were denounced as mOnarchists
and as claiming for the President more than legel
powers.
If these military governments had been con-
tinued as governments de taeto, ana merely ior the
purpose Of preserving good order, and under in
struclions not to interfere with civil affairs, so as
to change the status Of them, | should have been
the last TO complain. The necessity of the case
would have excused it. But they have gone
greatly beyond this. Those military officers have
actively participated in civil affairs, and exercised
sovereign functions. They have undertaken to
convene conventions Of the people to frame con-
stutions to district the Territories, and to fix the
qualification of voters. While we, the represen-
tatives Of the people, are engaged upon the very
subject of the government OF our Territories, 1t ls
snatched from our hands by an officer of the army, ,
acting under the instructions Of the Executive.
! The Gordon knot which we are eNhausting our
ingenuity to unite, is suddenly cut by the sword
of a lieutenant colonel Of the army! In the better
days of the Republic, what, sir, would have been
said OF such transactions as these Under such
auspices, a constitution has been formed In New
Mexico, and is at this moment in this city. 1t
would be useless consumption of time to under
take to describe It's character The lnf uences
which stamped the character OF the constitution
Of California, have operated IN New Mexico
And we are told that during this Congress, New
Mexico is to be admitted as u State into this
Union Such proceeding is vioative of every
principle of propriety, and Of the Constitution of
the United States, that | desire to expose it at
once in all of its deforny.
The Constitution of the United States provides
that New States may be admitted by the Con-
gress into this Union; but no nelC State shall be
formed or erected ritn the jurisdiction Of any other
State; nor any Slate be formed by the junction Of
t,co or more States, parts Of Staies ,oitaout the
consent of the Legislatures Of The States concerned
as ,oeH as of Congress- My friend from North
Carolina Mr.. AsnE] on yesterday read this
clause of the Constitution, and to bring the case
of New Mexico within it, he undertook to show
that the boundaries Of Texas unquestionably
extended to the Rio Grande, from its mouth to
its source. My own opinion is, that the weight Of
the argument is decidedly with him; and if it be
so, there is end Of the matter. But shall
not go into it now, for it is not necessary for my
purpose. If any part Of the territory included
within the proposed boundaries Of New Mexico
is under the jurisdiction of Texas, "hether by
perfect title or not, do not care, you cannot
admit her as State, without violating the provi
sion of the Constitution which | have quoted.
| This will be made manifest by the history of it.
To comprehend it fully, we must revert to the
mischief against which it desig gned to provide
Under the articles Of Confederation, few sub ects
gave rise to greater embarrassment in Congress
than the claim of Vermont to be admitted into the
COnteueraCy as an lnuepenuent otOe. one was
within the limits claimed by New York, but she
had successfully resisted the authority of that
State, and set up for herself as an independent
| community. She had extended her encroachments
beyond the bounds org rginalIy claimed by her. into
those of both New Hampshire and New York
She claimed admission into the Confederacy as an
independent State. Her pretensions were favored
principally by the New England States, (New
Hampshire excepted,) and by Maryland, New
Jersey, Delaware, and Rhode Island. They were
opposed by New York, Virginia and North Caro-
lima, South Carolina, and Georgia. New Hamp
shire acted with these States until Vermont had
contracted her boundaries to the Connecticut river;
and Pennsylvania favored Vermont, una similar
difficulty arose in her own limits, when her posi-
| ton was changed.
| Mr.. Madison describes the influences which
| operated on those who favored and those who op-
posed Vermont's admission. 1t patronized,
Che says,) ls, From ancient pre- judce against
New York; Cd, The interest which the citizens of
the New Eng land States had in the lands granted by
Vermont; Sd, But principally from the accession
Of weight they would derive from it in Congress. I"
1t was opposed by the other States than New York,
the ground of whose opposition is obvious enough
without recital, from, "lst, An habitual iealosy Of
a predominance of eastern interest. I'd, The oppo
| stion expected from Vermont to western claims;
Sd, The ineXpedency of admitting so unimport-
ant State to an equal vote IN deciding on peace,
and all the other grand interests Of the Union 4th
|
memberment Of the other States
The I'd, Sd and 4th, Mr.. Madison said, ought
to be decisive with Virginia; and they were.
Now, sir, before go further desire to pause
here, to call the attention of the committee to the
similarity between the influences which existed in
the case OF Vermont and those which exist now,
and against the domination of which the provision
of the Constitution under consideration was de-
signed to provide. Then, there was the prejudice
against New Iork-now against Texas; then the
interest of some of the people Of New England in
lands in Vermont-now similar interest, it is
supposed, in the proceeds OF those which are to
be rescued from Texas Then, principally, Mr..
Madison tells us, from the accession Of weight the
admission Of Vermont would give the North
now, principaily, none will dispute the same
consideration. So, on the other hand the grounds
Of opposition were very similar.
Besides this difficulty about Vermont, which had
actually occurred, there others very anao-
gous to it, which were anticipated at the time OF
the formation of the Constitution. kentucky had
already manifested disposition to separate from
Virginia. Tennessee had actually done 80 from
North Carolina, and set up separate Govern
men, under the name of Frankand. similar
difficulty was anticipated, which afterwards actu-
ally occurred between Georgia and tn settlers on
her western territory, now Alabama and Mssis-
sppi And also a similar one between Maine and
Massachusetts. Besides these cases, the people
Of western Pennsylvania, numbering, near two
thousand, residing in the disputed territory be-
tween that State and Virginia, had sent Il long pc
tition to the Continental Congress, complaining
of the grievances to which their distance from
public authority exposed them, and particularly
of late law Of Pennsylvania, nerdcting even
consultations about State within its limits
and praying that Congress would give a sanction
to their independence, and admit them into the
Union"
From this historical narrative, we ascertain the
mischief intended to be provided against and it
manifest, that i'll nearly every proposition
submitted in the convention, contemplating the
admission Of new States, remedy was proposed
or, in other words in nearly all ofthem, restrc-
ton imposed upon Congress, in the admission
Of new States, extending to all cases of disputes
to the regularity Of the formation Of the State.
The first resolution moved on this subject, was
part of the Virginia proposition, drawn by Mr..
Madison, but submitted by Governor Randolph,
the first day Of the convention. 1t was in these
words
{" Resoiued, That provision ought to be made
for the admission Of States ia,rrnlty arising miihin
The limits GP the United StateS, whether from a vo
luntary junction OF government and territory Or