The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-01-24
THE NATIONAL ERA, WASHINGTON D. c. JANUARY a. 1850

The Speaker said the question could be enter
tanned IS a question Of privilege, and from this
decision Mr.. Ashmun appealed
During the discussion Of points Of order, Mr..
Preston King remarked tina, the House had been
several weeks attempting to elect their officers,
aud the real difficulty was that the friends Of Sls-
very had refused to vote for those who were
against Slavery.
Mr.. King was here loudly called To order, and
the Speaker decided that he could only proceed to
make an explanation. Mr.. King replied that he
would express his whole object in rising, which
was; to put an end to the whole proceeding lie
would move to lay the appeal on the table. The
Speaker said he could not entertain this motion
from the gentleman from New York, as he could
only explain. Subsequently, Mr.. Burt was dis
cussing some point of order, when he was called
to order by Preston King.
The Speaker stated that the gentleman was out
of order whereupon-
Mr.. King insisted that the gentleman should
take his seat
Mr. McLane Of Maryland moved that the gen.
ueman be allowed to proceed which motion was
agreed TO.
Mr. Burt then proceeded in support of his res
olnion, and to reply to gentlemen on the other
side Of the question
So Mr.. King, being Free Soil man. was
choked down, while Mr. Burt, holding an oppo-
site faith, had free course u
The question was taken on laying the appeal
on the table, but the motion faiei-yeas lOI, nays
lO4. After various efforts to prevent a direct
vote on the appeal from the decision of the Speak
er, the question was at last taken shall the de-
csiOn Of the Chair stand as the judgment of the
Housed" Yeas iOl, nays 1922
The decision was not sustained, and the reso-
luton of Mr. Burt was ruled out of order
The House then proceeded to take up the Mes
sages of the President on the Speakers table
The following Message, in reply to the resolution
of Mr.. Venable, was read
To the House Of Representatives, ofthe United States:
| transmit TO the House of Representatives in
answer TO resolution of that body passed on the
3ist of December last, the accompanying reports
of Heads of Departments, which contain all the
official information in the possession of the Exec
utive asked for by the resolution
On coEiing into Office, found the military CON-
mandsnt Of the department of California exercis-
ing the functions of civil Governor in that Terri.
tory; and left, as was to act under the treaty of
Guadalupe Ilidalgo, without the aid Of any legis-
lative provision establishing a Government in that
Territory, | thought it best not to disturb that
arrangement, made under my predecessor, until
Congress should take some action on that subject
' ~ t>--~,< s~, ~itn tne powers Of
the military oOmmandant, who continued to exer-
else the functions Of civil Governor as before hut
made no such appointment conferred no such
authority, and have allowed no increased compen-
sstion to the commandsnt for his services.
With a view to the faithful execution of the
treaty so far lay in the power of the Executive,
and to enable Congress to act at the present ses-
sion, with as full knowledge and as little difficulty
as possible on all matters Of interest in these Ter
rtories, I sent the Hon. Thomas Butler King
as bearer of dispatches to California, and certain
officers to California and New Mexico, whose du-
ties are particularly defined in the accompanying
letters Of instruction addressed to them severaly
by the proper Departments
did not hesitate to express to the people of
those Territories my desire that each Territory
should, if prepared TO comply with the requisi-
tions of the Constitution Of the United States,
form plan of State Constitution, and submit
the same 10 COngress Win u prayer 'OE auUifs-
sion into the Union as State but did not an
ticipate, suggest, or authorize the establishment
Of any such Government without the assent of
Congress, nor did authorize any Government
agent or officer to interfere with or exercise any
influence or control over the election Of delegates
or over any convention, in making, or modifying
their domestic institutions any Of the provisions
Of their proposed Constitution. On the contrary,
the instructions given by my orders were that all
measures Of domestic policy adopted by the people
Of California must originate solely with them
selves that while the Executive of the United
States was DESTROYS to protect them in the forma-
ton of any Government republican In its charac-
ter, to be at the proper time submitted to Con-
gross yet it was to be distinctly understood that
the plan of such n Government must at the same
time be the result OF their own deliberate choice
and originate with themselves, without the inter
ference of the Executive.
am unable to give any information as to laws
passed by any supposed Government in California
or of any taken in either Of the Territories
mentioned in the resolution, rs have no informa-
ton on those subjects
As already stated, have not disturbed the ar
rangements which | found had existed under my
predecessor
In advising an early application by the people
of these Territories for admission as States, was
actuated principally by earnest desire to afford
to the wisdom and patriotism of Congress the OPP
portunity Of avoiding occasions OF bitter and an
cry dissensions among the people of the United
States.
Under the Constitution, every State has the right
of establishing and from time to time altering, its
municipal laws and domestic institutions, indie
pendently of every other STATE, and of the Gener-
al Government subject only to the prohibitions
and guarantees expressly set forth in the Consti-
tuition of the United States The subjects thus
left exclusively TO the respective States were not
designed or expected to become topics Of national
agitation Still, as, under the Constitution Con-
gress has power to make all needful rules and
regulations respecting the Territories Of the
United States, every new acquisition Of territory
has led to discussions the question whether the
system Of involuntary servitude which prevails in
many of the States should or should not be pro-
hbted in that Territory. The periods of excite
ment from this cause which have heretofore oc-
CURED have been safely passed; but daring the
interval, Of whatever length, which may elapse
before the admission of the Territories ceded by
Mexico as States, it appears probable that similar
excitement will prevail to an undue extent
Under these circumstances, thought, and still
think, that it was my duty to endeayor to put 1t
in the power Of Congress by the admission of
California and New Mexico as States, to remove
all occasion for the unnecessary agitation Of the
public mind
1t is understood that the people of the western
part of California have formed plan of State
and will soon submit the same to
the judgment Of Congress, and apply for admis-
sion Az n State This course on their part, though
Ia accordance with, was not adopted exclusively
in consequences Of any expression Of my wishes,
as measures tending TO this end had
been promoted by the officers sent there by my
predecessor, and were already In active progress
Of execution before any communication from me
reached California. 1.-THE proposed Constitution