Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-07

Z
SPEECH OF Mr.. DUER, /
tit OF NEW YORK,
ON ae Presidenfs Message of august 8, 1850,
concerning Isxas and New Merico.
HOUSE, or RrrHrsEsTArIvxs Aususr is. 1850
The House being in Committee Of the Whole the state
of the Union Mr Burr Of South Carolina, in the chair
and having under consideration the civil and diplomatic sp
preparation bill
Mr.. DUER said Mr. Chairman, rise for the purpose Of
making remarks upon the message of the President
Iang to tho boundaries Of Texas and principally in answer
TO objections that have been made that paper have re-
garded that message wemsd, impregnabe in iss posi-
ons, and wise and staesmanlke in s counseIs was no
read at the Clerks desk than ii vehemenay ass
ed and violently denounced. But it not easy to answer
denunca0ns; and have waed, with curiosity, until
could learn upon what foundation in these attacks
wore founded. should have waited longer il had not
feared since the debate to be closed that night
fail get the foor altogether Ishoud have been pleased
to hear ssvs gentleman who understand expected to
address the committee and among Others sir yourself who
beievs intma&ed insnon to do co. was 20 nnfortu-
nAis. toa - bua sne portion Of the rsma1hs #
addressed the colnmiee and those remarks have not
vet been reporsd have been obliged 70 rey principally,
for my knowledge Of them upon brief and probably imPer-
feet absirac that printed in the Republic For these
together with the heat of the weather. and the late
period Of the sesson my remarks will want that degree of
completeness which, under other circumstances might have
been able TO give them and feel sensible that what may
say important question will scarce be worthy Of the
attention of the committee Nevertheless have thought
proper 10 have not been anticipated by other gentle
men, attempt answer to arguments that have been
made on this floor.
In the first place, permit state briefly what under
stand be the positions taken by the President with respect
to his and duties the executive branch of the Gov
ernmen and the facts upon which those positions founded
This Government first conquered by its and afterwards
acquired by ceeson from Mexico district of country which
under the Mexican Government known by the Of
New Mexico. This country in the possession of Mex
ico Mexico has been independent State, until its
conquest the United States and since its conquest has
been possessed without interruption by this Government
There adverse Mexico before the
conquest and there has been any possession adverse
the United States SINCE BY Of the articles Of the treaty
ii stipulated that the Mexcans in the territory thus acquired
who shall elect to become American citizens shall in due
time be admitted into the Union, and in the mean time shall
be protected in their liberty property and the free exercise Of
their religion Texas however, claims that the greater part
of New Mexico, being that portion lying east of the Rio
Grande belongs her and well known that that State
has it ncOnempaon subject the people living there to her
jurisdiction BY force. Under such circumstances the Presi
dent declares the opinion that he has the power and that it
duty employ the military power Of the nation to pro-
tect the inhabitants Of that portion of the ceded territory
claimed by Texas in the rights guaranteed to Them by the
treaty and that the orcibe extension by Texas Of her u
would De infringement Of rights
secured It proper, was just respects Texas il was
his duty respects Congress- that the President holding such
opinions, should declare Them Texas might well complain,
if without previous warning she found her citizens brought
into collision with the army Of the United States Con-
gress that has power settle the question by providing for
its judicial determination, by cedDg the territory to Texas
by taking for amicabe adjustment by consent
of the might well complain, should so un-
fortunate event that the President had not commu
nicated to them information important and which,
would naturally be supposed would have caused the prompt
adoption Of proper avert such consequences In
the frankness OF the President nothog
he err he puts II in the power Of Congress to correct what
ever evil might otherwise follow such But do
think has erred he has assigned the for his
opinions and nothing that have heard here has shaken
confidence in them.
The gentleman from Virginia, (Mr. sEDDos,) who ad-
dressed the committee the day before yesterday thinks that
the resistance of State act Of the General Govern
ment does Of itself determine the Question that the act so
resse not warranted by the constitution. He lays down
the broad and startling proposition that this has
power employ force against the force of State o in
other words if the execution of act Of Congress, or Of
treaty made in of the constitution be resisted by
persons acting under the authority of State, there is
power in this Government to enforce the laws against such
Tesistance will repeat the proposition if do not state
his position conecy hope the gentleman will correct me-
Mr.. Seldom. The genemans statement is little
too broad did speak of acts Of Congress passed in
pursuance Of the constitution But hold that sovereign
State has the right determine for herself whether an act OF
Congress be be not n pursuance of the constitution and
that she determine an act to be null and void and resist its
execution this Government has power to employ force
against her.
Mr. DUER Just so. And in this particular case to
which the gentleman applies his remarks Texas should
authorize body of armed men march iDso New Mexico,
and subugate the country, IT Of Congress and no treaty
opposed to her action wou be OF any validity and there
would be no power in te Government to enforce them.
When State authoriz resistance TO law OF the Union,
the act implies Accepting the genemanor have wholly
msapurehended b0-an adjudication that such law is void
If not the form easily be supplied. Now, there
is rqht ANA wrong independent OF the judgment OF men,
Such law day be really constitutional, Notwithstanding an
opinion the contrary Of State Legislature State Con-
yeutic do deny that unconstitutional act OF Con-
greg may be rghtfuy resisted but deny that constu-
a act be resisted because any State may choose to
onoance otherwise. And here the precise difference
between the gentleman and myself
The gentleman challenges the production Of any authority
in the constitution for the employment Of force against State
think that find such authorityno, indeed, in SO
many words, but clearly following from the powers granted
as if expressed in TERMS
In the first place, there is the power to pass laws The
President and the Senate may make treaties, which de-
cared TO be the supreme law of the land SO Congress- in
certain enumerated authorized to make laws, which
declared to be equally supreme. What is this power
Let take, for example, the first onehe power collect
duties, taxes and mposts Now, this is not power to
commend the States to permit taxes to be collected within
their border but perfect and unqualified power to collect
So with all the other powers. Next find that the Execu
tive power vested in the President of the United States
who s made commandenchef Of the army and navy Of the
United States and Of the militia when called into the service
OF the United States and required take that the laws
be faithfully executed and provision further made for call
ing forth the militia to the laws Of the Union Last
H the judicial power which declared 10 extend 10 all cases