New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-30
A DEBATE ON TIE HIGHER LAW!

Mr. SEwARD's proposition to admit the State
of New-Mexico by the proclamation Of the
President. Mr.. BRADBURY's amendment to
the Omnibus, providing for Commission to
settle the Texas boundary question, being
under consideration,
Mr.. SEWARD rose and said: | submit the follow.
ing amendment 10 the amendment Of the Senate.
from Maine;
Insert amer The word That" IN the hfs ns the follow
Eew.hexlco shall on proclamation by the PrssIent Of
The United States DO admitted ssle into h.s Uaion.
That The President before issuing such procAnaon shall
BE- saust ed that The Constitution recently fsmed by the
~ sneon o. Ne ns' oso approsed 500 rA.aed
purpose Of considering Il on the 2olh Of June sat
The effect of this amendment is to bring before
the Senate great and important quest0n-that
Is, the admission Of New. Mexico, as one of the
states OF this Union, upon equal foo ing with the
original states, and under the Consultation which
she mas already adopted. have heard, Mr.. Pres.
ident much said here about nationality, national
sympatnies, national principles and national feel
lngs and SO far as such sympathies, principles,
and feelings are concerned, they obtain my highe.t
respect and admiration But | differ very much
from many who bestow that commentator without
regard to what interests, principles, and feelings
those are which deserve the character OF natonai-
~. So far as have heard, it has been generally
bestowed not so much upon those principles and
measures which are designed to give permanence
to the Institutions OF the country, as upon such
contain some expedient, some compromise for the
present hour, and for temporary purpose.
In such s. mpathies and feelings have no part
do not participate in them a, ALL and for the rea
son that believe that compromise for today, post
ponement for to day. only increases the embarrass.
meDt and the evils Of tomorrow. Ii is my desire
that this great question, thas brought before the
Senate, may now be dehntivey settled. | know
that it may be said that this proposition mes pre-
maturely before the Senate inasmuch as the Sen.
ate has no official Information that Consultation
has been adopted by the People of New Me xico
but while this 10 true, and therefore there would
be propriety in delaying the proceeding. in order
TO receive official information from the President OF
the United States Of the adoption of the Constta.
tioD and that the Constitution itself might be laid
before US for our approval. | feel myself obliged
to bring the question thus Irematurely before the
Senate, for the reason that the subject is prema.
turey before the Senate, and that the bill which is
now under consideration provides for disposition
of this subject which will prevent the bestowal Of
jsst consideration upon the claims Of New Mex
ico when they shall be presented here with official
authority and in due form aud force Ii is not my
fault, therefore, that the question springs upon the
Senate now. II this whole matter Of the boundary
Of Texas and Of the Territory Of New Mexico could
be severed from the bill, then the whole subject
might well be postponed until it should come up
properly for disposition at a more suitable time and
in the customary form.
Mr. President, the effect Of the bill before the
Senate is to postpone all questions about the ad-
mission OF New. Mexico until ater the report of
commissioners, and after the action Of Congress
upon the report Of the commissioners and by that
time there may be no Ne Mexico to be admitted.
Now, sir, am opposed TO the delay thus proposed,
because in the first place. believe it inconsistent
with the interests and rights of the people OF New
Mexico. Tue Senator from New Hampshire (Mr
Hale has truly stated the rights Of that people
They are conquered and a subjugated people
but they are notwithstanding, people possessing
rights that are as important 70 them the rights
of the citizens Of any Territory any State within
the United States. Ii is only q change OF their
sovereignty that has been effected. When the
people Of New Mexico lost their rights, secured to
them BY the constitution Of Mexico, they acquired
the rights OF American citizens, secured by the
Constitution of the United States and those rights
Involved the protection Of their property and pre-
servation OF their liberty and the protection OF their
Territory from invasion All these are rights of
which the United States can deprive no commu.
nifty on earth. They may extend their conquering
arm over States, and territories, and provinces but
it carries with it freedom and security, and the
guarantees Of them. Now, sir, in regard to the
rights Of the people Of New Mexico, II they had
not been secured by treaty, they would have been
still secured by the obligations arising out OF the
law of nature and Of nations. These rights are
secured not only by the law OF nations, bat they
are secured moreover, by the treaty OF Guadalupe
Hidago. The United States found New Mexi-
CO a territory or province Of the empire OF
Mexico, and they stipulated by the treaty with
Mexico, and ofcourse with the people Of the prov.
inces Of Mexico that they should be protected in
Ill 49, -,~Ak "A tkaf h.. l.,tk kaI
the rig hts Of citizens, and that they should have
government established over them. Now, sir. the
proposition which submit il 10 incorporate New.
Mexico as State; bat resist the proposition con-
tanned In the BILL which is 10 incorporate New Mex
leo as territory Of the United States. | submit, in
the first place, that the proposition contained in
the amendment laid upon your table IL the only
one which is most harmonious and congenal with
the treaty-with fair and just construction Of the
treaty Of Guadalupe Hidalgo What is the Ian
guage Of that treaty! IL s not that the Territory
Of New-Mexico, or that the provinces Of New Mex.
leo and California shall be admitted into the United
States as Territories; but il is that they shall be
admitted Is States. The treaty contains no pro-
vision and 90 allusion whatever TO bringing them
INTO provincial or territorial condition. Il is q
air construction Of the treaty TO say that il contem
plated the admission OF the territories not az terri
:ories or provinces, bat a. States, upon IN equal
Ooiing with the original States for it is fair TO
presume taat II the United States hadcon.emp plated
hat New Mexico and California were TO be held
n territorial vassalage under the nioa that In
ention would have been expressed. / know
hat the United States reserved 10 Congress the
light TO Judge Of the time TO admit them a.
States but that Is all that IL did reserve
he right to determine the time when. Well, |
Sir, the time when Ia when these provinces |
ire left in Just exactly the condition that they |
low are-depnved Of any effective government, and |
exposed TO great danger. In the next place, SIR,
he provision contained Ia the amendment was most
,om patible and harmonious with the Consultation /
# the United States. IL is remarkable feature OF
he Consultation Of the United States, that its fra
ner never contemplated Teritory-neyer con-
emplsted Territory or Colony bat, on the other |
,And, contemplated nothing bu. Ststes-perect |
States, aud, a. they are called here
Sovereign States. Ttere wAs 4 domain belonging /
@ the United States, which vas, for temporary |
purposes, and until il shoad be inhabited, lat the |
ime Of the formation OF the Constitution OF the |