The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-26
No. 62.

|
done right.
| The message has been assailed fret by Repre-
sentative from Texas, and then successively By
five gentlemen, namely, from Mississippi, (Mr
BnowH( from Georgia, (Mr. SrEPHENs.) from
ONO, (Mr. GiDDINGs,) from Tennessee, (Mr
JoHNsoN,) and lastly by the gentleman from
Virginia, (Mr. SEDpoN.) My purpose is not I,
attempt reply 10 all the various grounds of obiec
uon which they have severally urged, but shall
Tor the most part contine myself to the points mad,
by the gentleman from Georgia, (Mr. STEpHENs,
whose speech was certainly one of marked ability
and was more calculated than any other TO produc,
an impression upon the House
| That gentleman endeavored to establish the propo
! sltlon that the President had claimed powers no
gwen by the Constitution and the laws. He main
! tained that neither by the treaty with Mexico no.
| by the clause of the Constitution which require
him to take care that the laws shall be faithful,
executed" norb by the laws of 1895 and 1907, whicl
are quoted III the message, has the President an
night TO use the military power of the Government
| for the protection of the people of New Mexic,
against the threatened violence of Texas And th
gentleman placed this proposition upon three 9th
ers tirst that there is no law of any kind in New
Mexico 10 be executed; second that the article o
the treaty which gives guarantee of protection L
the people living in the ceded Territories, was moi
n law to be executed, but merelya promise thai
Congress would pass some law; and third that the
acts OF 1875 and 1907 only authorize the use of mill
ary force after writ process from judicial tri-
buna has been actually issued and resisted by
Let US examine these propositions in their order.
ana II upon testing the strength Of the first one it
does not stand, the others, il seems to me- will
fall with it. For, if there be laws in force within
the Territory of New Mexico. if there are tribunals
for the administration OF those laws, then it follows
that they ust be exeCuted and if there be any re-
slstance 10 them by violence of combinations of men
too powerful 10 be suppressed by the local author-
ties then the case has arisen which calls for the
ercise OF the power granted the acts of 1895 and
OF loO7 Let US inquire then, whether il be or
not, as alleged by the gentleman from Georgia,
that there Is no law in force in that Territory which
this Government Is bound to see enforced.
This province, or State, was acquired by conquest
and treaty from the Republic of Mexico That treaty
was consummated by exchange OF ratifcations on
May 80, lsIS, and down to the present hour Con-
gress has done nothing towards providing the peo-
pie with new form OF government. Butdoesit follow
That they have been without government, aud with :
out law! by no means The law of necessity, ii
there was no other would forbid any such
But the well and long established principles OF
national law decide otherwise; and l am vet TO
learn that any reputable civilian statesman has
denied the doctrine which now maintain; namely
that a government de faclo-a government in fact
with Its ancient laws, except so far they may be
inconsistent with the principles of our own Govern
ment, has existed ever since the conquest, and now
exists III that Territory, with it's local tribuna Is
and magistrates. This local government is not
only In conformity with the principles of national
law but II has been acqucsccd in and recognised bv
our own Government in great variety of ways. /
need not quote largely from books To vindicae NV
position. IL will be enough for this purpose to
make one reference TO the decision Of Chief Justice
Marshall IN the case of the Am. Ins Co. ps Canter
Peters, 542:
"The Constitution confers absolutely on the Go
vernment of the Union the powers of making war
and OF making treaties; consequently that Govern
lnent possesses the power of acquiring territory,
either by conquest or treaty.
The usage OF the world is, if nation be not en-
trcly subdued, to consider the holding of the con
quered territory as mere military occupation un,
III Its late be determined at the treaty of peace.
IL De ceded by the treaty, the acquisition is con
nrmed, and the ceded territory becomes a part oI
the nation TO which il is annexed either on the
terms stipulated IN the treaty of cession or on such
terms as ITS new master shall impose. On such
transfers OF territory il has noser been held
that the relations of the inhabitants with each
other undergo any change. Their relations with
their former sovereign are dissolved; and new rela
tions are created between them and the government
winch has acquired their territory. The same act
which transfers their country transfers the alleg-
ance OF those who remain in il; and the law which
may be denominated politteaiis neccssa " changed
although that which regulates the intercourse and
general conduct OF individuals remains in force un-
al altered by the newly created power Of State"
Nothing can be clearer than this; and il applies
most directly TO the case which we have in
hand. The municipal law Of New Mexico is
unchanged. Ii is still in force, and 20 be exc
cuted. The political relations of the people
are, indeed, changed. Absolved from allegiance
10 Mexico, they now owe il 10 the United States
and the corrciatiyc duty Of protecting them il de-
yolved upon the new sovereign. This doctrine has
been recognised also by the late administration Of
Mr. Polk. Mr.. Buchanan, Secretary of State in one
OF his dispatches, which | shall presently quote
lays Il down without qualification. Butl need not
waste time IN iortfying this position by reference
TO books have more direct, and 10 those who are
now assailing tho President more stringent, au-
thonty than books / intend 10 quote their own
words, and in this House upon a very recent dc
bate, when they found u 10 their taste assail an
other President for what they were pleased To call
a high handed usurpation Of Executive power
They charged General Taylor with having used his
power and influence 10 overthrow the existing de
Jdcio government in California; and in order 70
make good their charges, IL became ncccssary for
them first to prove that such governments we're
actually In operation In the Territories by our CON
sent and appreciation. This they did in the most
unqualified manner. And upon referring 10 re-
ports ia the OOngTcuionG! t5iObs | find that the
gentleman from Virginia (Mr. SEpDoS) took the
lead in establishing the existence Of these govern.
menis. find that on January 23d that gentleman
used the following language:
AT the conclusion Of the war, n de CactO govern
mcnt existed in California. Until the ntcrposition
Of the legislative power, according 70 we'll cs-
tahlished principles Of national law. that de fdcfO
government continued from necessity and TO avoid
anarchy, based upon the presumed acquesconco as
well OF the superior legislative bn1y a. of the
people over whom il operated: but in subordiua-
uon, oi course, 10 the Constitution Of the United
States, which had become the supreme law and TO
The paramount rights aud obligations resulting
NV i'thNtAAin b4 1hilloluiA as territory
oi the United States. Tho rights and duties of tho
Presldcn Of the United States in reference 10 that
government and The territory, were simple and
clear. They we're exclusively executive Until
The action Of the legislative power he was bound TO
MAINTAIN that de t0ciO government, TO see TO the
due execution Of its aws subOrdinstion Of course
TO the Constitution aud preserve peace and good
order. Under our Constitution, ali the executive
power granted IL vested in the President Of the Uni
ted States OF course then, the governor Of the de
focto government was his subordinate, erercising
his powers, responsible 20 his authority and instrue
tons, and removable at his will.
"The administration has wholly transcended lis
simple executive iupctions. II has melted and aid
ed 90 overthrow he de facto government n ,ras
bound 70 n'o,nta'n, and 10 perseds all Io,ps Il ,oas
We are under the highcst obligations to robuke
aud condemn the understandable dcrehction of the
Executive IN The discharge Of his Executive duties;
IN inviting and conniving at the subvcrsion of the
cNlsung deJdcto government he bound 10 ynain.
i0tn, IN the substitution aud REIMBURSEMENT TO an
other radically daerent Of all its functions and
powers, The highest necessity would hardly have
usthed such acton. Such. submit, there certain
ly was not. What the President himself says in
relation to New Mexico at this time would, insist,
have applied with equal force to California under
It's dt tocto government. lie says:
1.-The people Of this Territory New Mexioo)
enjoy the benefit and protection OF their municipal