The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-26

AT some future day, at the discretion Of Congress.
What more does it guaranty Why-that in the
''moan tiine"-mark the phrase, IN the man fine
and until Congress shall iii to act the people
shall be .'uaintained and protected" This is the
instant, immediate duty of our Governments; not
n remote one, to he entered upon when Congress
may get into proper mood and temper They
are not be left without the protection of the Gov
eminent To which their allegiance ia transferred,
for one day, or one hour
..In the mean time SHALL be maintained and pro-
tected 20 And by whom shall they thus be pro.
tected until Congress act? Those who made that
treaty understood the law Of nations; they knew
that the local governments in the Territories would
remain, and the local laws be in force; they knew
that the Constitution OF the United States made it
the high duty of the Executive branch Of our
Government TO take care that the laws faith
fully executed; and that the only maintenance and
protection which those people needed, until the ac-
ton of Congress was known, was that their trlbu-
mails should be sustained, and their laws enforced.
J. therefore, think that the President Is clearly
right when he declares that his duty will require
him to use the means which the laws and the Con-
sttution have put into his hands 10 protect theso
people against the violence which is threatened by
Texas. ! believe that his constitutional duty IN this
respect extends well TO these Territories, 10
the States, and the Territory Of Oregon, or Mime
sofa. j do not contend for the absurd claim that
the Constitution in all its parts extended itself over
the acquired territories by its own vigor. 1t has
not carried the rights OF trial by jury, habeas cor
pus, the life tenure OF judges, and various other
provisions there. But what contend is that the
treaty is law to this extent, which the President is
bound TO execute and that the treaty thus carries
the constitutional powers and duties Of the Execu-
tive thther.
And sir into what absurdiics would not the
doctrines of those who assail the President carry
US? Territory may be acquired by the treaty max
ing power; but there is power in the Executive
branch Of the Government TO extend any protection
10 il, the people OF it, until Congress acts upon
the subject Any State, or body of individuals may
make claim to IT, and assert their claim TO it, and
there is no power 10 resist the claim Texas claims
New Mexico; and why should not Illinois claim
Utabs Her title is quite imposing. IL may be
stated in this way: The Mormons were citizena of
Illinois; they wandered away upon exploring
expedition, and il is well-settled principle Of
the law of nations that all newly discovered coun.
tries belong 10 the sovereignty whose subjects make
the discovery and settlement; 9go-when the
Mormons discovered and settled the shores of the
Salt Lake. the title vested Immediately in Illinois,
And if Illinois should make that claim, and attempt
to seize and hold possession OF lt-gentlemen Of the
State sovereignty school contend that there is no
power in any all the branches of this Govern
lnent to resist II! Indeed according to the gentle
man from Virginia. Mr.. SEpDoS,) il Congress 1t
self should pass law authorizing the President to
the military force OF the Government to resist
Illinois, that State might ordain that the act Of Con
gress was unconstitutional and void, and rghtfully
set the General Government at defiance!
To such absurd and preposterous cxtremitic5 do
these gentlemen rum And if Virginia herself
should now inerpose her claim to portion of this
newly acquired territory-whch the gentleman
from Ohio. me, (NIr. VISToN,) suggests was
actually included in her cession of l6O9-she ma J
safely do it; and if she only wrap herself up in the
resolutions of 1898, and raise her much boasted
banner of State sovereignty, there is power In
this Government TO drive her back to her propretyi
Sir, ii s high time that these heresies should cease
to be asserted by sensible men. They are harm
less enough in ordinary times; but when mischie
seeks to accomplish its end it will rally TO its sup
port the adherents of the schools of folly, well
fanaticism
But the gentleman from Georgia went ono step
further, and found another ground of objection to
the message, viz, that even admitting that there
were laws in force in New Mexico, and that the
Presidents constitutional power extends there, yet
the acts of Congress of 1895 and of 1907 gave him
power TO act, because the cases contemplated by
those acts had not arisen. In other words, he con-
tended that the President could not act until some
writ other process issuing from judicial tribus
nal, had been actually resisted by force, and that
such event had yet taken place. cannot agree
10 the narrow meaning which the gentleman thus
attempts to give TO those acts In order to judge of
the proper Construction, quote them given in
the message:
.sThe second section of the act Of the 2sh of Feb
ruary 1895, declares that whenever the laws Of the
United States shall be opposed. or their execution
INSTRUCTED in any State by combinations too pow
erful to be suppressed by the ordinary of ju
dicial proceedings, or the power vested in the mar
shals, the President may call forth the militia, 81
far may be necessary to suppress such combina
tons, and TO the lava to be duly executed.
by the act of March Sd, 1907 it ia provided tina
in all Of obstruction to the laws either of thu
United States or any individual State or Territory
where it is lawful for the President to call forth tn
militia for the purpose OF causing the laws to b
duly executed. il shall be lawful for him to employ
for the same purposes, such part of the land O.
naval force Of the United States as shall be judge
necessary"
Here is nothing said about issuing of writs o,
processes. resistance TO them would be, un.
doubtedly one case of obstruction to the lave, bu
the act is evidently aimed at something more
1T speaks of combinations, and Of combinations
where large force of military may be mecca
1 IA c at snch cotu,
binations may exist, and the laws be wholly Oh
structed, without single writ other process
having been resisted. An armed force may sur
round a court house, and prevent the court from
holding its session. judges jurors may be threat
sned and overawed, or imprisoned carried GU
Of the Territory; all these, and many other
the most effectual obstruction might exist and we
writ have been issued or resisted. Indeed, thi
is the very form in which it is supposed that tn,
Texas troops who are 10 GO TO New Mexico arc
pected to obstruct the laws which are now admin.
istered there. They have no idea Of pcrsuading
weak person 10 refuse TO obey process Of the
court in the hands OF an officer. They propose
something on n larger scale. They mean TO pull
down the courts themselves, and by force of arms
to compel the administration Of the laws to cease.
And ii was for precisely such a that the acts OF
1895 and Of lsO were made; and il is 10 such case
that the duty Of the President will summon him, il
Texas sees TT to carry out her threats
have thus examined in brief manner, the sew
eral grounds upon which the gentleman from Gcor-
gia CHR. STEPHESs) has made his charges against
fretl0ent Tue uOCtrlnfb set Urtn IN MS
sage; aud confess that nothing has yet appeared
"a shake in the slightest degree, my confidence in
the correctness Of the Presidents views Of his duty
and his power. And it seems 20 me that he acted
with the greatest regard TO propriety and with tho
highest and most respectful consideration for the
Congress which is in session, in making this com
Inunication 70 lie expresses his qualification
that Congress IL in session. and has II in his power
TO make any action his part unnecessary, by
coming 70 u speedy decision upon the question o
boundary which is before To that speedy dc
csion he invokes us in the most earnest language
with the strongest admonition Of the fearful cOnsc
quences which may 1ow from delay. What othe
or better course should he have taken The lettc
of Governor Bell demanded an answer. Should h'
keep silence, should he proceed TO take decisv,
measures without informing Congress Of the condi
ton of affairs, Or should he's there any man her,
or in the nation who will cay that he sbould-hav'
yielded to the pcremptory demands and threats o
TEXAS, and proceed 20 strike our flag at her com
tnsndi No, sir; his has been precisely
what wise Chief Magistrate should take upoi
such an emergency. He has committed no hasty
or ill-advised act. lie has laid the whole case be
fore Congress, and now the responsibility rest
upon us. II delay brings with it any misfortune
he at least stands acquitted lie has done his who'll
duty with wisdom, discretion, and frmncss an,
M, pnurcaziou mi nuiIie ,vH