The North-Carolinian., 1850-08-10

can erect under disguise what we Rave
no right to do openly. The conclusion t.
3 which l, as one of the committee, came
to. and which | have made known to the
House, is stricly the result Of this view OF
the treaty OF annexation and of the Con.
st'tut'on OF the United States. maintain.
we are estopped by our own acts and de-
clarations from dispossessing Texas Of her
territory. We are estopped by the Con
stltution Of the United States from dis.
memberlng Texas; from violently tearing
away from her the richest and favorite
portion OF her soil. But, in addition. |
would submit, that if it is the iron handed
pollcy OF this Government, in its ruthless
assault against the peculiar institution OF
the South. to disconnect this country s.pe,.
fos ct ,aefas'' from Texas, so as to com.
plete the Gordon of free States around the
slaveholding States, it would be at least
advisable to invest our action with the
color OF law, to act under the solemnitv
OF a law, and not loosely upon the force of
mere resolution of this House for the
Accomplishment of such an important pur-
| pose; and this will bring me to the CON
! sideration of another objection urged by
the committee why the Delegate from New
Mexico should not be admitted to seat on
this Hoor, which is, that it would be con-
trary to the usages and practices of our
Government. We have recognized long
slncc-indeed, we, under the ordinance
OF l787, fully recognize the right in a
territorial government to send Delegate
to Congress who would be able to attend
to territorial business. This right is of
permitted character; in truth, it is more
OF privilege than right privilege
aPpertalning to territorial government
a government brought into existence by
the previous action of Congress- This is
not the case with New Mexico. The gov
ernment under whose auspices Mr. Smith,
the applicant, comes, is not an emanation
OF Consress-was not brought into exs-
tence by the act of Congress. 1t is not
OF civil, but of military orr gin /; and as
IT never has been the usage or practice for
Congress to receive a Delegate, excepting
from an organized Territory, how can we
receive him Would not our reception of
Mr Smith as Delegate representing not
an organized Territory, be tantamount to-
usurPatlon of powers oflegislation We
have no right to enact law, without the
concurrence Of the Senate and the apDro-
baton OF the President yet by mere
resolution we would undertake to legalize
territorial organization.
-, The honorable gentleman who addressed
the committee on yesterday, Iabored hard
n an attempt to asslmilate this applica
ION on the part of New Mexico to that
made by the Territory Of Minnesota. and
concluded. as the Delegate was received 2
rom minnesota, an unorganized territory. i
nat we had the power to receive the pre- f.
ent applicant. 1t facts bore the gentle q
nan out, his deductions would be correct Ii
IT, unfortunately :hey do not. This same b
bJectIon was raised against the admission ~
t the Delegate from Minnesota, and would +,
ave been irresistible, if it had not been =,
'r the consideration that the Wisconsin h
errltory, existing under regular and if
lthorlzed territorial government. ORIGIN h
ny existed over all the country which NJ
D" composes not only the State of Wis "
'ns'n' but the Territory of Minnesota tr
10 1T was successfully contended, that. In
hen Wisconsin was received in the Union ~
state only so much Of the previous til
rr!tor'al organization was abrosated as ca
a HE and power within the boundaries M
that State, but that the power of said III
vernment, as far as the Territory of Min mi
sofa was concerned- still continued to bill
ISL and 1T was exclusively by the action
th's remaining power that Mr. Sibley ~,
IS IS authorized to represent that Territory .h,
ITS peculiar Delegate. 1t is no answer ,,,a
this Objec tion-an objection which is. in ~"
~PP' SN'"''"', ,htCSiotIOIc"tO Say tnat mi.
; people Of New Mexico have a right to .''., ..o
government and as we have neglected ca
furnish them with one. that, therefore .,.'.
y were justified in establishing one for ex;
mselves. Without calling into ques- h".
n the right of any people to establish ,;n, n1a
'ernment for their own protection, l anr
olo remark. that this right must be ex- g.
Ised IN subordination to our controlling. 49,
erv'sory power. And the enjoyment on
his right, in its fullest extent, does not s;h;
'"ss upon US any obligation to receive ent
Ir Delegate. Mr. Smith was not elected c,r.
he people of New Mexico, but BY And
81 territorial government ; and ifhe and
uiL be received, who would he repre- arcI
t? Certainly not the people for they
no vote or hand in his eIection.-He
It necessarily represent the government i
<ew Mexico. And is that government isla
II known to US i? Has it ever been re- pers
aized by Congress mo, sir, not at colo
we have no official information of any trad
existing in that country, either poss
or de facto, excepting purely mill ''Jt
government, proceeding from Execu trad
will and pleasure. And is this the The
crnment from which we are to receive port
legate ? seve
he supposition is monstrous. Icao- the
conceive that this House is prepar ed wee
west every popular commotion with up a
character Of sovereignty; but that will feet.
must he tho ino,,:+~hlo .ci y fo