The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-03


occupied with the subject providing gov
eminent for California as well as New
Mexico; and it was only during recess Of
Congress that the peopls of California as
sembled and sent here constitution. The
whole difference, then, is, that Congress was
actually in session in the one case, and had
adjourned or taken recess in the other. 1t
is six in the one case and half dozen in
the other. The principle is precisely the
same The Senator from Michigan SAYS
that it is the right Of the peoP'e, whether ten
or ten thousand, to assemble, without pre-
vious law, to form governments I'M
derstand him. He says there must be be-
ginning somewhere. agree that it is their
right to assemble, as they have once assem-
bled; and | believe that nobody complained
OF it when they assembled in New Mexico,
and, by their convention, sent here an APP
plication for the establishment OF territori-
al government. Nobody objected to that
application. 1t went for nothing, it amount
ed to nothing, unless sanctioned by Congress.
That is precisely what will happen in this
case. The holding Of another convention,
and the framing of a constitution, are condi-
tional, preliminary acts, inchoate acts, acts
of no validity or force until sanctioned by
Congress. Now, if the people have that right
to assemble to frame a constitution, which
the honorable Senator comedies that they
have, how is the transaction affected by the
fact that the officer in charge Of the territory,
under command Of the President of the Uni
ted States, sanctioned that proceedings If
good without his interference, it is none the
worse for his assent and appreciation. He
had the sanction of the precedent which had
gone before in the case of California, and /
hold that he was justified by the precedent.
With regard to the danger of such trans
action, it amounts simply to this: The mill
tary governor of territory of the United
States, instead of opposing the desire of the
people to establish constitution and procure
admission into the Union, favors it; instead
of insisting upon continuing the exercise of
military power, he favors that constitutional,
proper, and usual method by which the mil
itary is relieved from further power, and the
people, in the customary form prescribed by
the Constitution, assume It to themselves. |
see in this no cause of censure. The anal
ogy to the passing of the Rubicon will be ap-
plicable when the military governor of the
territory, or the project, comes home to the
Capitol, followed by his army, and proceeds
to expel the Senate or the Congress, and to
subvert the Constitution; but it strikes me
as strange misapplication of that transac-
ton, so memorable in history, to apply it to
military governor who resigns his power
altogether to the people, favors the estab-
lishment by them of a constitutional govern
ment, and thus reduces himself from the
rank and power of project, to the rank of
private citizenship"
The leading points made by Mr.. SEWARD,
are
1st The denial of jurisdiction by Con-
gress over an offence punishable by the laws
of war.
I'd. The peculiar situation of Congress,
with regard to the territories, through its fail
ure, to make any provision for their Govern
ment
3D. The inevitable consequence resulting
from this neglect, that military government
should prevail there-and its continuance in
consequence Of the failure to provide civil
one.
4th. The attempt to claim the cover of the
California precedent, and screen Col. Mum
roe's action in Santa Fe, and that Of Co..
Mason in California-and deprecating any
censure upon the Governor of New Mexico
therefor.
5th. The analogy attempted to be drawn
between the application on the part of the
population of New Mexico for territorial,
and their demand for State organization
and the interference of the military command,
is justified on the ground of his sanctioning the
not etfecting the transaction
These are Mr.. Stewards main points.
Let any one read the Republics leader of
yesterday, and decide whether it is not sub
stantially repetition of the same reason
ing, indicating the same irregularity, and
attempting to fasten upon the country the
same line of policy as that which Senator Sew
ARD and his staunch allies have ever advoca-
ted and pursued with pertinacity that
would have been honorable and praiseworthy
if exhibited in better cause.
We mae no charges-nor intend any
insinuations as to corrupt combinations be-
tween the two poles thus suddenly brought
into contact from opposite points. Our
business is to deal with things as we see
them-and unless our vision and our per-
ception both have suddenly become dim
and deceptive, the speech and the editorial
referred to are as like as two peas-and place
the Administration and Senator SEWARD in
conjunction, as close as that of the old man Of
the sea, and Sinhad the sailor.
Oh for one hour of Palo Alto that the
old soldier might reject the counsels of eau
60 L .-lL 1