Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-31
SPEECH OF Ma. STEPHENS,
OF GEORGIA.,
On the Presidents Message Of august 6, 1850,
concerning Texas and Neu Merico.
OF GEORGIA

The House being Committee OF the Whole on the state
of the Unon and having under consideration the Civil and
Diplomatic Appropriation Bill for the fiscal year ending 30th
of june 1851, Burt, Of South Carolina, being in the
chain
Mr.. STEPHENS, of Georgia, addressed the committee
follows:
esng subjects which pressing themselves upon the
consideration of this House and the country opinion
is the message communicated few days ago by the Pres
dent to Congress upon the subject Of the Texas boundary
and the difficulties and embarrassmens attending that ques
ton. That message upon your table II deserves
our immediate consideration and demands wise, prudent
and speedy action. PROPOSE therefore, IN what have to
upon this OCCASION c0nfne myself TO the general
topics embraced in it and matter OF regret to me, N
the midst of many dsquetng and irritating causes which
distract and stir up the public mind to see that we are
likely have elements of strife and contention, to excite
and nfame those strong sectional feelings which for
time past have unhappily existed among US These
elements be found in the message alluded to- The
principles assumed by the President in that paper In
Judgment several particulars unsustained by the Constr
tuition and laws of the United States and dangerous In their
tendencies only the rights of the States but to the
liberties Of the people They strike at the very foundation
upon which the whole structure of system OF represent
ave republican government reared and upon which
alone it permanently stand This know, is strong
language but stronger than the truth requires to be
ken There is principle essential to the preserva
ton of Government than that the military in time of
peace shall be subject to the civil power. The message
in opposition to this principle The President informs
that by the Constitution of the United States, the Presi
dent constituted the army and navy
and of the militia of the several States, when called into the
actual service of the United States. The Constitution de-
cares also that he shall take that the laws be faithfully
executed and that he SHALL from time time give the
Congress information of the state of the Union"
This sir is true. BY the Constitution the President is
the of the and navy Of the United
States and the militia of the several States when called into
the actual service of the United States and it is his duty
to that the laws faithfully executed This all true
But there something else equally and that that
in seeing that the laws faithfully executed he HIM
provisions of the laws which point the mode of their
execution. And he can the military execute law
which contains no provisions for its execution first by the
courts
The President further that the Constitution of
the United States declares that this Constitution and the
laws of the United States which shall be made pursuance
thereof and all treaties made, which shall be made under
the authority of the United States shall be the supreme law
Of the and And then he refers the late treaty with
Mexico and amongst other clauses he refers particularly
the clause which guarantees to Meycans who may remain
IN the ceded territory protection the free enjoyment of
their liberty and property, and security in the free
of their religion, without restriction In this he
that the treaty Of Guadalupe Hdago such law he is
bound to faithfully executed in all its obligations He
further informs that the State of Texas about extend
her civil jurisdiction portion of country living this side
of the Rio Grande within the limits the boundary of Texas
originally claimed and asserted by her. but which, his
opinion, belongs to the General Government and
Texas by virtue Of the cesson made by the late treaty And
without suggesting the slightest to apprehend that
OF these rights of liberty property and religion guar
with by the extension of the civil jurisdiction of Texas over
those of them residing of the Rio Grande if they
included in the terms of the treaty he tells that he
feels bound to resist such extension of her jurisdiction by
Texas, and necessary repel with the military force of
the Government at his control By information received
from Texas, doubt that she intends maintain
her civil authorities coexensve with the boundary claimed
by her. And we have the issue fairly presented whether
the President has the ghul power under the Constitution
and laws of the United States as those laws now exist to
the military power his command against the author
ties OF Texas. maintain that he has not. meet the
question at the threshold. 1t is of the important
that has arisen this country; and its decision force
should be resored to, cannot fad to mark in its his
tory deny to the President the power he claims: and
that under the Constitution and laws he has no
power time of peace "in seeing that the laws faith
fully executed to resort to military force except when their
due execution by the courtsthe legally constituted trbu
nails for the administration of justcemay be illegally
structed resisted This proposition lay down distinctly
broadly and confidently Iis above the reach assament
and beyond the power of reutaon And maintain fur
the that the very laws cited by the President from which
ne claims the exercise of the extraordinary and unwaanted
power he does sustain the proposition. These very acts
dono in the slightest degree confer the power which he
notifies to Congress and the country that he intends
else ander them.
Nov let He cites the I'd section of the act of
Congress of 1885, and the of the Sd March, 1907 But
perhaps would be better TO refer the acts, he himself
cites them. Here is what he says:
The I'd ection of the act of the 2stb of February 1895
declares the laws of the United States shall
be opposed OF Aer execution INSTRUCTED any State by
to be suppressed by the ordinary
course OF Judicial oceedng or the power vested in the
marshas the President may call forth the militia far as
may 10 necessary oSuppress such combinations and to
cause the laws to be DIV executed
By the act of MarcRV 1907 it is provided that in all
cases OF obstruction to haws either the United states
any individual State or territory where is lawful for
the President to call forth Dc militia for the nurnose Of
causing the laws to be duly shall be lawful for
him to employ for the puoses sch mart ne the land
or naval force of the United Stas as shall be Judged
cessary."
These the acts Of Congress upol which he rces The
first will be perceived only authorize him in certain cases
TO call out the militia the second auhozes him in all s
idr cases to the army and navy if n.essarv He has
however authority under either ne the army and
navy, to call the militia for the purp.e of aiding in
the execution of the laws except in such cas- as are pro
Hded for by the act 1885, And what those They
are such as where the laws may be opposed @ exec,
ton or DISTRACTED in any State by combinations M now
ertul TO be suppressed by the ordinary course of doI
Proceeangs, Or the Poocer rested in the arshaL. his is
the os class OF cases where the President is AUTHORIZE to
use The MILITARY force of the country to aid in the exe.
ton OF me laws OF the United States. It is where the d
course OF law through the and by the marshas
opposed ana oostructed where the combinations in resist
ance 10 law ARE too powerful be suppressed by the ord-
nary course OF judicial proceedings the power vested in
the marshas'
Now, sir Is there any such case or is there likely to be
any such case IN the territory which Texas
establish her jurisdiction! Is there any law, any act OF
Congress- IN force there which be executed in the
ordinary of judicial proceeding No one will assert
there is either any law judicial proceeding authorized
80 l.t. L.