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

that uieaslir as allayed her anxiety. This cabi-
net COMMUNICATION not merely gave the reasons
which justified the step, but contained an ex-
press and unequiyocal Acknowledgement of the
| right and title of Texas, and, what was much
better calculated to satisfy Texas, an explicit
order was issued TO the military commandant
ron the Rio Grande to use his power to estab-
sh and confirm the civil authority of Texas; and
even at the present time has not Texas mnch
OF this country in her actual possession! Have
not judicial districts been established under the
law of Texas for the dispensation of justice I!
Are not the laws and constitution of Texas now
in full force over the southern portion Of the
territory, which the New Mexican delegate, il
admitted to seat on this floor, would repre-
sent! To make a concise statement of this ar
gument, it appears that the joint resolutions
for the remuneration of Texas must, er III TER
MIMI have referred to this district of country !;
and referring TO this country we are prohibit
ted from proceeding to the formation Of a ter
rtorial or State government without the pre-
| yious consent OF Texas, which consent has
never been given. But, Mr.. Chairman, indepen-
dent Of this prohibition contained in this Joint
resolution, we have another restraint on our ac-
tion--a restraint which, in by-gone days, was
supposed to be conclusive, but now the times
are so sadly out of joint that what was the
meaning Of the Constitution in other days is to-
day miserable, ridiculous abstraction. This be-
ing, in my conception, the peculiar "cacoethes !"
OF the times, it is with unaffected difidence that
| / presume to quote that high and sacred instru-
ment. But, sir, if the house will bear with me
will read the third section Of the fourth article
| /" New States may be admitted by Congress in
to this Union, but no new State shall be formed
or erected within the jurisdiction Of any other
1.. al
of two or more States, or parts of States, with
out the consent Of the legislatures Of the States
concerned as well as of Congress-" In my
opinion, State may be considered as politi-
cal incorporation, extending over and control
ing the territories over which she has either an
actual or constructive possession
| A State is political unit, the integrity Of
which is guaranteed by the article Of the Consti-
tutionjust read. That guarantee, in the fullest
extent, is the purport and meaning of this sec
ton, and all interference with the rights of a
State for the formation of II territorial govern
ment, is as much prohibited as for the formation
ola State government. Her inviolabity is in
sured, and it is bootless to inquire whether we
can effect under a disguise what we have no
| right to do openly. The conclusion to which /,
as one of the committee, came to, and which
have made known to the House, is strictly the
result of this view OF the treaty of annexation
and of the Constitution of the United States.
maintain, we are estopped by our own acts and
declarations from dispossessing Texas Of her
territory We are estopped by the Constitution
of the United States from Remembering Texas,
from violently tearing away from her the richest
and most favored portion OF her soil. But, in adj
diton. would submit, that if it is the iron-hand-
ed policy of this Government, in its ruthless as
sault against the peculiar institution of the
South, to disconnect this country per fas ct ne
fas" from Texas, so as to complete the Gordon
of free States around the slaveholding States, it
would be at least advisable to invest our action
with the color of law, to act under the solem-
nifty of a law, and not solely upon the force Of
a mere resolution of this House for the accom-
plishtucnt of such an important purposes and this
will bring me to the consideration of another
/ objection urged by the committee why the Del
! egatc from New Mexico should not be admitted
to seat on this floor, which is, that it would be
tcontrary to the usages and practices Of our Gov
eminent. We have recognized long since-in-
deed we, under the ordinance OF 1857, fully re-
cognized the right in territorial government to
send Delegate TO Congress who would be able
to attend to territorial business. This right is
of parasitical character; privilege appertan-
ing to a territorial government government
brought into existence by the previous action of
Congress. This is not the case with New Mex
ico The government under whose auspices
Mr.. Smith, the applicant, comes, is not an emana-
ton of Congress--was not brought into exist
ence by the act of Congress. It is not of civil,
but of military origin; and as it never has been
the usage or practice for Congress to receive a
Delegate, excepting from an organized terri
! tory, how can we receive him I! Would not our
IF naln
ing not an organized territory, be tantamount
to a usurpation of the powers of legislation
We have no right to enact law, without the
concurrence of the Senate and the appreciation
OF the President yet by mere resolution we
would undertake to legalize territorial organi-
| zatiOn
The honorable gentlemen who addressed the
committee on yesterday labored hard in an at
tempt to assimilate this application on the part
! of New Mexico to that made by the territory Of
Minnesota and concluded, as the Delegate was
received from Minnesota, an unorganized terri
tory, that we had the power to receive the pre-
sent applicant Ii facts bore the gentleman
out, his deductions would be correct but, I'M
fortunately they do not. This same objection
was raised against the admission Of the Dele
gate from Minnesota and would have been ire
sistibe, if it had not been for the considera-
sion that the Wisconsin Territory existing I'M
der u regular and authorized territorial govern
ment, originally extended over all the country
which now composes not only the State of Wis
consin, but the Territory of Minnesota; and it
was successfully contended, that, when Wiseon-
sin was received in the ,Unionas State, only so
much of the previous territorial organization
was abrogated as had life and power within the
boundaries of that State, but that the power of
said government, as far as the Territory of Min
nesota was concerned, still continued to exist J;
and it was exclusively BY the action Of this re-
naming power that Mr.. Silly was authorized
to represent that Territory as its peculiar De-
! legate. 1t is no answer to this objection--an
objection which is in my appreciation, irresisti-
ble--to say that the people of New Mexico
have right to government; and, as we have
neglected to furnish them with one, that, there
fore, they were justified in establishing one for
! themselves. Without calling into question the
/ right Of any people to establish government
for their own protection, would remark, that
/ this RIGHT must he eyercised in Standardization tn