Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-02

liar institution of the South, to dsconnect TINS coon
try per as ct nefas from Texas, so as TO complete
the Gordon of free States around the s.aSenolomg
States it would be at least advisable to invest our
action with the color of law, to act under the So
lemnity of law, and not loosely upon the force of
mere resolution of this House for the
of such an important purpose, and this Will bring
me to the consideration of another objection urged
bv the committee why the Delegate from New Mexi-
co should not be admitted to a seat on this floor,
which is that it would be contrary to the usages and
practices of our Government. We have recognized
long since-indeed we under the ordinance of 1877,
fully recognize the right in territorial government
to send Delegate to Congress who would be able to
attend to territorial business. This rights OF per-
mitted character in truth, it is more of privilege
than right; privilege appertaining to terrific
rial government-a government brought into exis-
tence by the previous action OF Congress. This is
not the case with New Mexico. The government
under whose auspices Mr.. Smith, the applicant,
comes, is not an emanation of Congress-was not
brought into existence by the act of Congress 1t is
not of civil but of military origin and as it new
er has been the usage practice Tor Congress to
ceiye Delegate, excepting from an organized Terri
tory, how can we receive him =! Would not our
ception of MIR. Smith Delegate representing not
an organized Territory, be tantameunt to usurpa-
ton Of the powers of legislation We have no right
to enact law, without the concurrence OF the Sem
ate and the appreciation of the President; yet by
mere resolution we would undertake tolegaze ter
ritorial organization.
The honorable gentleman who addressed the COM
mittee on yesterday labored hard in an attempt to
assimae this application on the part of New Me1i-
CO to that made BY the Territory of Minnesota and
concluded, the Delegate received from Min
nesota, unorganized territory, that we had the
power to receive the present applicant. If facts
bore the gentleman out, his deductions would be
correct but unfortunately they do not. This same
objection was raised against the admission of the
Delegate from Minnesota, and would have been ir-
resisble, if it had not been for the consideration
that the Wisconsin Territory, existing under regu-
lar and authorized territorial government, originally
existed all the country which composes not
only the State of Wisconsin, but the Territory of
Minnesota and it was successfully contended, that
when Wisconsin was received in the Union
State, only much of the previous territorial Or
ganizaton abrogated had life and power with
in the boundaries of that State, but that the power
of said government as far as the Territory of Min
nesota concerned still continued to exist; and
it exclusively by the action of this remaining
power that Mr.. Sibley was authorized to represent
that Territory as its peculiar Delegate 1t is no
answer to this objection-an objection which is in
my appreciation, irresstible-to say that the people
of New Mexico have right to government; and
as we have neglected to furnish them with one that
therefore they justified in establithing one for
themselves. Without calling into question the right
of any people to establish government for their
protection would remark that this right must be
exercised in subordination to controlling. super
vsOry power. And the enjoyment of this right in its
to receive their Delegate. Mr.. Smith not cleo
ted by the people of New Mexico but by quasi ter
titorial government; and if he should be received
who would he represent? Certainly not the peo-
pie for they had vote or hand in his election
He must necessarily represent the government of
New Mexico And is that government at all known
to US Has it been recognised by Congress =
No, sir, not at all we have official information of
any government existing in that country, either le
gal or de facto excepting purely military govern
ms md rln
| And is this the Government from which we are to
receive delegate?
The suppostion is monstrous. l cannot conceive
that this House is prepared to invest every popular
commotiOn with the character of sovereignty but
that will and must be the inevitable conclusion if the
Delegate from New Mexico should be received. But,
at first observed, this has opened entirely
phase, in consequence of the formation OF State
government by the people of New Mexico. | under
stand that the information is official, that such step
has been takon, and it, of course, works complete
and positive evolution of Mr.. Smith Delegate.
If he is received, he must the represen-
tative of sovereign people, and not the Delegate of
a dependent subordinate people. He must be allow
ed to participate to the fullest extent in all of le
gislative functions This, of course, is impossible,
however potent may be the desire in the breast of
to curb the South even at the sacrifice of all
faith and honesty. Yet none but mailman would
be willing to admit the Delegate at the present
SIS invested with all of the attributes of legal rep
resentative
| / would here, Mr.. Chairman conclude my re-
marks; but the observations made by the honorable
gentleman yesterday do not allow that privilege
Although he did not positively state the fact yet he
would, an inference from what he did state have
the world to believe that it through the medium
of the pro-slavery influence that this country was
left without government. l cannot conceive that
the legislation of the country will support him in the
assumption on the contrary, it makes manifest the
great truth that the slavery influence in Congress
has always been courted to build up and establish
territorial governments and their votes have never
been otherwise given, excepting when the antslave-
ry influence has controlled the action of Congress
to incorporate in all bills of this character odous
obnoxious, unconstitutional features-features which
so changed the character of the bills that no
member representing Southern constituency could
support them, unless he would incur the penalty of
treason to his honor. Sir there not truth in
the aphorsm that order is Heavens first law, than
that STAKEHOLDER is, neceSstdte advocate OF
law, order, and government. This impression early
imbibed from precept duly fostered by the
tive considerations growing out of the institution of
slavery, always mpe to assist and further the
ganization of territorial government. Sir the true
cause why these lateyacquired countries have been
left without the benefit of is to be found
in the antslavery feeling of Congress, and strong
powerful irresistible is this FEELING that it has
been intimated by the gentleman that it would be
work of superhuman exertion for a majority on this
floor far to dsengage themselves from its control
to extend to this suffering people proper, reason
able, and just protection. The prejudice against
+ the South is truly omnipotent.
j, But, MIR. Chairman, the most prejudiced and hos
tile opposition may sometimes foil ITSELF and we have
full illustration Of the fact in the present posture
of the affairs of our country. disposed tread
lightly upon the ashes of the dead,' and beg tina
my remarks will be applied to the policy of the lat