The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-19
as and il was rsjectod--yeas, as nays, 80.
The question recurring on the second anne
ment,
Mr. KING gave notice that he should offer
amendment to the amendment sg
. And the Senate then adjourned. t,ssle,


amendment to the amendment, ,sa.
. And the Senate then adjourned. ,ts4s,
~ HOUSE OF REPRESENTATIVES,.
Yesterday, on motion Of Mr.. EVANS, of NJ
there was referred to the Committee ON Milit.
Affairs, Che unanimous consent of tina Hoi
having been obtained,) resolution making
'ens've inquiries Of the precedence as to the r.,
i've we. rank between the different grades Of comm
stoned ana non-commissoned officers il the NJ
tary and naval service Of the United States.
Mr.. JOHNSON. Of Arkansas reminded
House that i had not acted on business on
Speaker table since the 9Th or NAV last.
that the business there was manifestlv sutfar
for want of due attention. He referred e.pecc;;,
70 the executive communications, and bills r.
the Senate. He therefore moved the susnens
of the rules, for the consideration of thai nm =;
lar business
But objection being made, the rules were
suspended.
= MIR. BURT said that the gentleman's purp
could be attained if the House would agree I
motion ne proposed to.make. He then moved
proceed with the regular order of business.
Il MIR. WILMOT objecting, Ia special order be
pendng,) the motion was not agreed to.
Mr.. STRONG moved to go into Committe
the Whole on the special order, the New Mexi
territorial delegate question, and on that motto
Mr.. JOHNSON, Of Arkansas, called the
and nays, which being ordered, it was decide
the affirmative-yeaa 81, nays76 HHa
Whereupon, with Mr.. McLANE, of Md, I'M
chair, the Committee Of the Whole on the stat
the Union took up the New Mexican case, and
amended amendment adopted, admitting Hugh
Smithas the territorial delegate from New Mes
for the 3lst Congress, and providing that
action on the part of the House should not
taken to express an opinion on the Texas DO
dairy question being reported to the COMMITTEE
4, Mr. SWEETZER proposed further to anne
by limiting the pay Of the said Smith to G
mence with the date Of his admission, andsl
he be allowed VI 900 mileage each session.
4 Mr.. RIG HARDSON, raising a point Of or,
commended that Mr. SwEErzER's proposition
not sufficiently german TO the bill, to render it
missable. sjt n .isa ~ , s,9 $500
The CHAIRMAN sustained the point made
Mr.. RrcHARDsoN, and 7i 8as BF
Mr.. SWEETSER having appealed, the Tic
sustained the decision of the Chair.
Mr.. GREEN then moved to amend by stril
out the words g as a delegate" and on this
position there arose debate Gin five min
speeches) between the mover, and Messrs. Be-
HoLMEs, Seldom, and WOODWARD, in its fla
and Messrs. CARTIER, DuER, and CRowi
against it. sg4 la,ti s WE
In the course Of the debate on this proposit
Mr.. Seldom, renewing the amendm
It seems to me, Mr. Chairman, very clear
this House has no power by its separate &C
to authorize the admission Of any person
delegate from . Territory, and entitles hir
the functions and emoluments of such posA
By the Constitution the powers given to
House in its separate capacity, are Iil
TO be The Judge Of the election returns,
the qualifications Of its o,Un members, de-"
If g TO determine therules Of its proceedings,
ish its members for aisorderly behavior, and
The concurrence of t,oo- thirds, erpel a member
=" s To keep a Journal Of its proceedings, DC.
Now, none of these clauses can be tort
into comforting the power claimed. They 81
Iy relate, and are confined to wholly differ
matters. Whatever power, then, exists M
the Constitution, to authorize the appointn
and reception Of delegates from Territories, n
be found elsewhere and under other clau
Such power is nowhere conferred by exp
grant, and can only be found under that G,
raj clause, which authorizes Congress
g TO make all laps rhich shall be neces
and proper for carrying into execution The
going p0Ders, and all other potcers vested by
constitution in the Government of the On
States, or any department or officer thereof"
All powers under this clause are EXPIRE
conferred, not on either House singly, BIZ
Congress, aud must be exercised By laao. &.
power, then, ofanthorizing the appointment
admission Of delegates, must be exercised
Congress, and embodied in la,o. And such
as has been satisfactorily exhibited by the /
gentleman from South Carolina, (Mr. Blu
has been the conception and practice of Cs
gress in its past action. How, indeed, cou
be otherwise? The position Of a dele
from a territory is that of highly trustee
officer. AS such delegate, he is
titled to high privilegesT-invested with deli
responsibilities-and is authorized to claim
milnge, pay and emoluments Of member
it not preposterous to. suppose such funct
and privileges could be imparted-such ap
priation Of money be made by the arbitrary
ofthis House alone, and without sanction of
The gentleman from New York, (Mr. Du
has, submit with due Difference, mantle
COMPOUNDED the right Of admitting to the n
privilege Of the floor, with the right OF recei
a delegate, known official, with recogn
powers in the House. Uuder the power of
scribing rules for its proceedings, the He
may be entitled alone to extend the priyileg
mere admission to whom it please, come
whence he may, but to receive Delegate
a territory, or any other place, without pr
GUS authority Of law would be wholly hey
its powers and clearly unconstitutional. 4
the hammer fell f,g...
Mr.. WOODWARD said that those
claimed for the inhabitants of New Mexico
as against Texas, do so u
grounds as fatal to the rights of the VI
States as to those Of Texas. Texas claim
right of conquest and original limits; the
ted States claim by right of conquest. NJ
rights have those inhabitants, as against Te
that would not be good as against the
ted States. The right to make conquest