The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-18

tons Of the Consultations defying any gentleman
to show by what authority money had been taken
from the United States Treasury for such expen-
ditures. But the whole Of this action had been
undertaken to bring California and New Mexico
into the Union, in order to relieve the Admins
tration from the difficulties which had come up
on IT, owing to the deceptive means used to bring
it into power
Mr.. B. next discussed the question whether
slavery was or was not excluded by nature from
California. He had never believed so. Her
mining characteristics rendered her, Of all coun-
tries, the country in which the slaves could be
worked to most advantage. Yet the people of
thatregion, in voting to exclude the institutions had
obeyed a very general law. They had done so only
to exclude competition in gold mining, aud upon
the same principle they have not long since as
summed to themselves the right to exclude foreign
ers by imposing on them prohibitory taxes, when
attempting to work minesin that region.
Mr.. b. next reviewed the course of the Wings
when in time of war. Mr.. Polk had authorized
his military officers to exercise limited civil pow
ers. That act had been justified by the Demo-
Gratis, on the ground that the President--Congress
having failed to make rules for the temporary go
vernment of the territory thus held-by rirtue Of
his authority Commandsr-in-chisf oft american
army, had the right to make such government.
But the circumstances had changed, and with
them theposition ofthe Wings, who now staunch-
ly defended the action of General TAYLoR's adj
inistration in time of peace, similar to the then
denounced war measures of President Polk.
| If New Mexico was admitted as a State, the
act would be in gross violation of all law bearing
on the question. But he denied the power Of
Congress to admit her under the circumstances,
but he went further; denying also that the House
could legally take any step likely to forclose the
question Of boundary in dispute. To admit her
or to make virtual Territorial Government for
her, by admitting this Delegate, who came from
and repres ented population residing east of the
Rio Grande, would be in violation of the rights
Of Texas, and of all the peecedents under this
government. These presidents were in the case
of Vermont's application for admission as State,
New York protesting; that Of the application OF
| the State Of Franklin, North Carolina protesting;
and the attempt of Western Pennsylvania to set
up for herself, the State authorities taking
ground against abe ACKNOWLEDGMENT of her terrific
\ ry to have been involved in her admission. In
all these cases, the Government had scrupuIously
refrained from taking sides
! But New Mexico, in her recent action in the
matter Of forming State constitution, had ac-
| tually not only over-leaped the boundaries which
were hers according to the claim Of Texas, but
also those Of the ancient Spanish and Mexican
| State of New Mexico. Thus, to admit her, would
be to guarantee that the boundary dispute should
never be settled peaceably. He held that the Su-
preme Court had no jurisdiction over the ques-
ton. Such had been the opinion of Chief JUS
tice Marshall, who commended that that Court
could take no cognizance Of political questions.
Its jurisdiction was only over questions of meun
and tniin,. That Court possessed no authority to
compel the parties to this dispute to appear, and
could not enforce its decisions upon them. 1t was
therefore clear that it was without jurisdiction
There was no question of property involved Had
there been, he admitted, the Supreme Court
might claim jurisdiction.
Mr.. B. then proceeded to show, at length, thai
the people Of New Mexico were by no means fl
for admission to the privileges Of American state
citizenship; and thatto admit Hugh NJ Smith az
a delegate, would be to almost ensure civil war;
/ Mr.. CARTIER then addressed the committee
at considerable length in speech in favor Of the
admission of Hugh N. Smith as a delegate from
| New Mexico.
| Mr.. STEPHENS Of Georgia said, that he was
opposed to the admission Of this delegate, because
he comes from territory within the limits Of a
sovereign State. She Crexas) had been admitted
with the boundaries which she had won with the
sword Wherever her jurisdiction enlisted
there was the territory within her boundaries
But she claimed to the Rio Grande. He (Mr. S.
believed that the then Executive was rash and
wrong in resorting to settle her dispute OF
boundary with Mexico. Mr.. PoLK's deviation
from the republican maxim, that such questions
should be settled by civilians rather than by arms,
had caused all the trouble originally
| Mr.. S. argued at considerable length, to show
that dire consequences, indeed, had resulted from
that rash act of the President He believed that
had Mr.. Polk sent to offer Mexico ten millions
| Of dollars for the Rio Grande boundary, it would
bave been accorded without war; But the other
course had been taken-a course pledgng the
| public faith to maintain the claim of Texas to
the territory in dispute. He (Mr. S. would ne
yer consent to 60 behind that record. Mr.. Polk
had been asked to define the boundaries Of the
territory acquired by the treaty, and in his mes
sage had accorded to Texas the boundaries she
claimed. This act went to esfop the General
Government from claiming any portion of the
territory by the treaty of Guadalupe Hidalgo. In
defining the boundaries Of the territory acquired
from Mexico by the treaty, he repeated, the then
Executive had referred to map, according to
Texas all she now claims
Mr.. S. then replied to points in the remarks of
Mr.. BAYLY to show that the administration of
Mr.. Polk was responsible for the action of
California and New Mexico as States, as the adj
ministration of TAYLOR. That administration
had but one other course left to them to follow,
unless doing it did, in recognizing the govern
ment established there by Mr.. Polk. That other