The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-11

proceedings in California. The constitution declares tina
= no money shall be drawn from the treasury but II
consequences OF appropriations made by law; and Tegu
lar statement and account OF receipts and expendures
all public money shall be pablished from time to time
Yet without any appropriation by law, the salary OF DAT
King was paid him from the public treasury as was also tn
per diem and other expenses of the California convention
And notwithstanding the last sentence OF the clause
the constitution which have just quoted, have beer
unable to ascertain what amount expenditure was in
Cured on these two accouns nor can ascertain out
what particular funds they paid But this last point
in the view am taking is not important, as Il makes
no difference out Of what funds they were paid as y
perfectly certain that there funds appropriated fo
any such purpose and none which legally could be SO
piled st'E Ie 4 ialEs aT ln M
administration have greatly complicated the difficulties
growing out OF the slavery agitation, and have greatly
exaspeated the southern people. know ii is said thai
now left to rs is 10 make the bes we can OF Il To
considerable extent know this is rue but SO far from
its reconcling US to what has been DONE the very
vcon that such wrong should be successful but adds
the feeling Of irritation and discomfort indeed. il has
not awakened one of more decided character. a aa
But. sir fagious these proceedings have been in
respect to California; they are propriey itself in COM
parson with what has been done and proposed in respec,
to New Mexico. Not only has military government
been continued there without authority OF law, but the
Executive has Recommended Congress to abstain from
organizing territorial government, and leave the coun-
try under military rule until il sready TO apply for adj
mission into the Union q State And this recommend
alton made 10 by those advocates of the right oil the
people choose for themselves their form Of govern
ment. notwithstanding the people Of New Mexico in
convention assembled had at the time of this recon-
menaton expressed their decided preference Tor terri
tora government the usual form, and had pettoned
Congress to extend Them And, strange to say,
this m0nsrous recommendation has met with advocates
on this floor, and in gentlemen, too, who denounced
President Polk tyrant and usurper for authorizing
the establishment OF temporary civil governments IN time
of war. 1gaia tea = 5 l4gH lkHI 4ala as.is 4n8
Polk and all who defended him. assailed upon this
hoor at the time allude to- There was no epithet 30
harsh that was not applied He was charged with hav.
ing usurped the powers OF Congress in establishing tenn
porary governments in Mexico. was admitted that hu
manity required that civil governments, adequate TO pro-
tect persons and property. should be established; but it
contended that this could only be done by Congress
To that body, 1t argued belonged the power exclu-
svey, 10 declare war and to make rules concerning
captures land or water" On that occasion under
took defend the PRESIDENT but did he take the
ground that he had the power 10 establish continue
those governments moment alter the had ended
On the contrary, the establishment OF those quasi
in their forms and rules OF proceed
.iHgs but military In their orgin-was defended
measure We admitted that Congress had the exclusive
right 10 declare war; but we maintained that 10 the
President, as commander -in-chief OF the army and
navy, belonged the duty to wage It We admitted
that Congress possessed the power 10 make rules
cerning captures by land and BY water but we main
tanned, they declared without doing 6o thai, IN
the language OF the Supreme Court, sin such Cases the
general lawsof applied =; and we showed that by
those laws was not only the right but the duty OF the
President OF the United States, not the civil execu
tive, but chief OF forces, to esab
lsh guoss civil governments to protect the vanqushed
during our military occupation oil the country. In sup
port OF this view, referred to cases In our own his
toryparticalay to the occasion. IN the late war with
Great Britain, of our taking Upper Canada, upon which
General HARRISON acting under the instructions oi Mr.
Madison, profoundly versed in national law, estab
lished temporary civil governments When he did he
only substituted milder for more rigorous aw-clvl
for martial law But utterly denied the power OF the
President continue those governments one day alter
The ceased or the territory in which they existed
became, either by treaty Otherwise, completely our
own. To have claimed for him any such power would
have involved the claim OF power in the President to
proclaim martial law in time OF peace within the jurls
diction OF oar, laws. Yet, notwithstanding this dis
caimer, we were denounced as monarchists, and as
claiming for the President more than regal powers
II these military governments had been continued
governments de aeo, and merely for the purpose OF pre-
serving good order, and under instructions not TO inter-
fere with civil affairs, 10 change the status OF them,
should have been the last 10 complain. The necessity
OF the would have excused it, But they have
greatly beyond this Those military officers have ac-
lively participated in civil affairs, and exercised sovereign
functions. They have undertaken TO convene conven
tons OF the people to frame constitutions 10 district the
territories and to fix the qualification OF voters While
we the OF the people, engaged upon
the very subject OF the government OF Territories, IL
is snatched from hands by officer o the army, act
ing under the instructions oil the Executive The gor-
dian knot, which we exhausting our ingenuity to
unite, is suddenly cut by the sword o Lieutenant colo
mel OF the army la the better days oil the republic.
what sir would have been said OF such transactions as
thesei Under such auspices a constitution has been
formed in New Mexico, and Is at this moment IN this
city. II would be useless consumption oil time to un-
derake 10 describe its character The influences which
stamped the character OF the constitution oil California
have operated in New Mexico; and we are told that.
during this Congress- New Mexico is TO be admitted as
State into this Union. Such proceeding is so vioatve
OF every principle Of propeiy and OF the constitution Of
the Uned States, that desire to expose II al once IN all
OF lie defomity
The constitution Of the United States provides that
''new States may be admitted by the Congress into this
Unions buf no new State shall be formed erected cith
In the jurisdiction Of any other State, nor any STATE De
Sates waoui the consent If the legislatures e The States
eonesrned, weu as Of Congress- My friend from North
Carolina AsHEl yesterday read this clause OF the
constitution; and 10 bring the case oi New Mexico
within it. he undertook 10 show that the boundaries ot
Texas unqueslonably extended 10 the Rio Grande from
It's mouth TO its source My own opinion is, that the
weight OF the argument is deciiJedly with him and, II
il be so there is end OF the matter. But shall not
20 into il now for Il s not necessary Tor my purpose II
any part OF the territory included within the proposed
boundaries OF New Mexico Is under The jurisdiction OF
Texaswhether by perfect title or not do not caIe-you
cannot admit her State without violating the pro.
vision o the constitution which have quoted, This
will be made manifest by the history OF it lrg
To comprehend il fully, must revert to the mischief
against which il was designed to provide Under the
articles OF confederation, few subjects gave rise to
greater emha rassment 10 Congress than the claim OF
Vermont to he admitted into the coniederacy lnde
pendent State She within the limits claimed BY New
York bot she had successfully resisted The authority oil
that Stale, and SET up for herself independent
the bounds originally claimed by her into those Of both
New Hampshire and New York. She claimed admission
into the coniedeacy independent State Her pre-
tensions were tayofe principally by The New England
States, New Hampshire exceptedl and by Maryland,
New Jersey, Delaware. and Rhode Island. They were