The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-10
HOUSE OF REPRESENTATIVES,.

Mr.. UNpERHILL has been appointed member of
the Committee Of Elections, in the place of Mr..
McGAUGHEY, who has been excused from service
IN consequence Of i'll health.
RELEASE OF PRISONERS AT NAGAsAKI, JAPAN.
Mr.. GRINNELL asked and obtained the unani-
nous consent Of the House TO offer the following
resolution:
Resolued, That the Secretary Of the Navy be d-
rccted to furnish the House with all the correspond
ence and information in the Navy Department rel
alive to the visit of the United States ship Prebe 10
the port Of Nagasaki, in Japan, for the purpose OF
obtaining the release Of sixteen American seamen
held in prison by the authorities OF that country.
| In explanation, be stated that the visit OF this
ship of-war had been fully successful in obtaining
/ the release of the sixteen seamcn who had been
cast on the shore Of Japan by the wreck Of vessel
employed in tie whale fishery and that a
spUndouce between tho commanding officer OF the
chip and the authorities Of japan, OF interesting
character, had taken place, which II was desirable
should be made public.
The resolution was then unanimously adopted.
Mr.. NELSON moved that the rules be suspended,
and that the House resolve itself into Committee
Of the Whole on the Private Calendar
Mr.. DANIEL called Tor the yeas and nays, which
were ordered; and, being taken, rcsutcd-yeas .,
nays 81. So the question was decided in the mega
tive
THE PRESIDENTS NEw MEXICO AND TEXAS MEXICO.
The House resolved tself into Committee Of the
Whole the state Of the Union, and took up the
bill making appropriations for the civil and dplO-
matte expenses Of the Government for the year
ending June 30, 1851. This subject, however, was
not discussed.
Mr. STEPHENS Of Georgia. said that be intend.
ed 20 address the Committee TO The extent Of the
power which the Constitution and laws confer on
the President 10 call out the military forces to
cute the laws. He ret out with this proposition,
(and he asked the attention OF the committee and
those who disagreed with him,) that under the
Constitution aud laws the President cannot, and
has rightful authority 10 employ the mill
tary power Of the country to aid IN the cHtcu-
ton OF the laws, except where the execution
- Distracted IN the judicial proceedings. In
this country, the civil u superior and subordi-
nate ~ the military power The President quotes
the law Of 1875, which declares that, "whcncyer
the lave Of the United States fhall be opposed, or
their execution obstructcd, in any State, by com
binations too powerful 10 be suppressed by the ordi
nary course oi Judicial proceedings, or the power
vested iu the MARSHALL The Prcsidct may call forth
the militia, far may be necessary TO suppress
such combinations, and 70 cause the awe 70 be duly
executed" And the act Of lSO authorizes IN sim.
liar cases, the employment Of "such part Of the
land naval force Of the United States az shall be
/ Judged necessary" Now, he would ask, has there
been sgy civil process, Has tho marshal ever ar
rested any one, Has a writ ever been issucd2 The
President is 10 see that treaties TO be executed
according 10 law. il there any law relative TO the
/ treaty With Mexico, This j. the question Until
/ Congress and this Government speak, until we say
l how the rights under the treaty shall be deter
I mined, and what arc those rights, there il no
| law. The act Of 1895 Gays, when legal pro-
cccdings Eh1ll be Obstructod. When the terri
/ tory was acquired, il was the duty Of Congress
70 pass the necessary laws Tor the regulation OF the
/ Territory. But where j. the power which gives
the President the right TO Judge the rights Of those
/ proceedings, lie only act when the judicial
/ proceedings are arrested There must Fl ret be a
/ law defining the rights under the treaty; and then
10 must be Obstructed,' TO warrant the calling out
/ 81 tho military. u a usurpation Of power,
until Congress has declared the rights. This II the
foundation 81 civil liberty established in the CoHst-
| tuition. The old barous az Ruhnymede eYtOrtcd
! from King John this announcement. that no free
man shall be- seized or imprisoned, disposscsscd,
| Or outiawed, or in any way destroyed, but by
] the Judgment Of his peers and the laws Of the
/ land lie would ask, do we establifh the principle
| that the President shall override all this define a
/ mans liberty, and make Of the military force
Of The country iOr purposes Of punishment without
trial. This % prohibited by the Constitution.
No judicial tribunal has been established in New
/ Mexico. And - II legally right that man should
be shot dead Tor doing that for which you could not
| Try hun; For doing that which is not def ned by
| law as crime; II force from Texas 20 into
/ New Mexico Il j. no crime, If there be law.
There is no court there 10 try man. ana could he
/ could not be arraiRned before tribunal Of his
country? How can the President cay that no part
Of Texas is within the limits Of New Mexico, II he
/ does not assume 20 decide the huey
/ Mr. MOORE inquired whether there was not q
law which cft to the United States the settlement
1 II the boundary question,
/ Mr.. STEPHENS replied that the Texas annexa.
ton resolutions did not commit this Government al
! any time 20 The boundary. Her constitution defines
her boundaries TO be from the mouth 20 the
Of the RIO Grande. She applied for admission with
| that boundary. Congress declared that she should
\ be admitted with whatever right she claimed; but
reserved the right 70 settle the boundary between
I the United States and Mexico. Suppose there had
| never been a dispute with Mexico, would not Texas
have had the foil extent fher claim Then, Mex