The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-22

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myself should induce me 10 say notnIng
Mr.. SEWARD. These people Of New Mexico
then say they have established Government
for the purpose of establishing Justice, securing
the blessings Of Liberty for themselves and for
posterity, and that they acknowledge the super
intending power of the Sovereign Ruler of the
Universe, and invoke His blessing
Now, let US see what kind o. Government they
make They form themselves into a free and
independent State, by the name Of New Mex
leo. The next question is whether they have es-
tablished kinglyn Government This may be
learned from their declaration of rights:
Gan men being born equally free and independent and
having certain natural Inherent, and naenabe rights
amongst which the enjoying and defending Of life and
liberty the requirement possession, and protection Of pr
ery and the pursuit and attainment Of happiness there
lore male person shall be held by law per
servant apprentice after he arrives at the
Of twenty years female in like manner after
she arrives at the age Of eighteen years unless they be
bound by their consent after they arrive at such
or are bound by law for punishment Of crime.
All power IL inherent In the people all free Governments
founded in their authority they have therefore in
senabe and pdefeasbe right institute Government 10
alter and reform or to totally change the when their
safety or happiness requires IT'D
Well, sir far fnIs 40 s-.s.sI ,,ssr~-~>e-..i,-.
it is the republicanism of the British Constitu-
,tions of l64O, of 1858, and the American Consti-
tuition of 1915. Well, have they established a
King with hereditary aristocracy to exercise
the powers Of government? No, sir; quite the
contrary
"The powers of Government of the State Of New Mex
leo shall be divided into three distinct departments and
each of them copded to separate bodies Of masrscy TO
wit Those which legislative 10 one those which
Judicial to another and those which executive to an
other
mo person or collection Of persons being
departments shall exercise any properly belonging to
either Of the Others except in those instances hereinafter
expressly directed or permitted.
The legislative powers Of the State shall be vested in
two distinct branches to he styled the Senate, the
other the sonss and both t1s, v the
laws shall be, BE enacted by the legislature Of the State
Of Nep Merco.
chosen the qualified electors and their term Of once shall
be from the day Of their general election and the
session Of the Legislature shall be held annually at such
time shall be prescribed by law.
"The Senators shall be chosen by the qualified electors
for the term Of four years. and shall be divided by lot into
two classes ~ nearly equal IS may be.
The Governor and L. eutensnt Governor shall be elected
by the qualified electors Of the State at the time and places
Of choosing members Of the Legislature
The judges Of the Supreme Court shall be appointed by
the Governor with the consent Of both Houses Of the gs
ature joint ballot ami shall hold their Offices for the
term Of six years and until their successors be duly nom
mated and qualified"
"a general diffusion of knowledge being essential to the
preservation Of the rights and liberties Of the people
shall be the dty of the Legislature Of this State TO make
suitable provisions for the support and maintenance OF
public schools.
The Legislature shall, at early day practicable
establish free schools throue bout the State and shall fur
nsb for their support by taxation and 1t shall be
the duty the Legislature apart not less than
twelfth of the annual of the State derived from
taxation as perpetual fund which fund shall be appro-
prsted the support Of free public schools and no law
shall be made dlvertng said fund TO any other use
Every male person Of the age Of years or
upwards the descsndsnts Of Africans and nn
lowing casse who shall have resided in this State for
six months next preceding election shall be qualified
FIRST Citizens Of the United States residing in this
State
Second Persons who elected remain citizens of the
Republic Of Mexico according article eighth OF the treaty
peace made and concluded between the United Stes OF
North America and the Republic of Mexico at Guadalupe
Hdago ratified by the Congress Of the United Sta
the thireth day of May, A. ID. iSi and who shall have
taken, at least six months preceding election, be-
fore judge Of the Supreme Court in this State OF be-
clerk any court Of record In this State oath
nouncng ard abj"ring all aegiane featy to the Gov
Of the Republic Of Mexico and to support the
Constitution of the United States and Of this State
Third Persons Of foreign BIRTH not referred in the
preceding clauses who shall have declared their nten
ton to become citizens Of the United States conormaby
to the laws Of the United States on the subject of natura
ration.
"No soldier in the army Of the United States shall be
titled to vote In this State"
This, then, is the Constitution of New Mexico
1t is a republican Constitution, and the argument
of the Senator from Maryland against the admis-
sion Of New Mexico is refuted.
Mr. DAYTON. 1t is no part of my duty to make
any comment upon any course which any Senator
may think in his best judgment to be advisable:
but cannot but feel that when we are acting
jointly in reference to q measure, we have some
thing in common, and that there is something
due to each other; and it seems to me that it
would have been better if the Senator from New
York had consulted the views of those who have
concurred generally in their action upon this
measure, and have avoided Offering this PROPOSE
ton at this time. This amendment belongs alto
gether to different line of policy, and the whole
effect of Offering it at this time is to put the vote
before the country infinitely feebler than if the
proposition were to stand alone. Why, sir, can
not vote for this amendment, while at the same
time do not want to vote against the admission
of New Mexico as State, as an alternative. ]
cannot vote for this amendment TO the bill and
put it to the Senator from New York, what is the
effect of this amendment, supposing you pass 1t
andinoorporate it in this bill Why, sir you adopt
your own amendment, and this main line of poll
CIV and the Senator himself and others will have
to vote against the Omnibus bill. Now, in what
position are we placed Isubmit, with very great
respect that it would have been better and easier
not to have mixed up this question with the On
nibus bill Let us stand alone upon our own or
different policy. do not wish to vote for this
bill ! do not wish to vote against the admission
of New Mexico as State, under proper circum-
stances, as mere alternative.
But am unwilling to vote for this amendment
for another reason. | do think this matter is
premature | sm unwilling to transfer to the
President Of the United States, or TO any other
power on earth, that right which the Constitution
has imposed on us to Judge whether the Constitu-
ton of State offering herself here is republican
or not. The Constitution Of the United States
makes il necessary that Congress should pro-
nounce upon that question. How, in the name Of
God can we transfer that constitutional duty TO
a. Evo nd han iofv
and our constitutional obligations to that Consti.
toni cannot do that yet
Again am unwilling to place the onns of
judging the question Of boundary, and other pro-
visions Of this Constitution, upon the President
This amendment only says that il the President
shall be satisfied that the people Of New Mexico
have approved of some Constitution, what Con-
stitution il does not say and we do not know, be-
cause the paper from which the Senator has read
has no official chsracterl he shall admit them as
State by proclamation.
Mr.. President, regret very much that the SEN
ator should have felt il his duty to embarrass us in
this matter. donot complain Of 1t, because he has
exercised only his just and legitimate rights upon
this floor. The effect Of this thing In to drive
those to vote against New Mexico, with the ad.
mission Of California, who, II the question were
separated and stood alone, and she, with her re-
publican Constitution, properly authenticated,
came forward would feel themselves bound to vote
for IT, cannot vote for her in this bill, because.
IL the amendment were adopted, you would drive
large number Of Senators to vote against it. ID
10 for these reasons would very much have pre-
ferred 1t, II il would have suited the Senator TO
have had this proposition withdrawn
Mr. SKwARD. lregret very much that the SEN
ator from New Jersey has been embarrassed by
this proposition. He sees that have not the
power now 10 withdraw 1t, however much might
desire to do 90. At the same time, do not And
that difficulty in the case which seems 10 Ne IN
the Senator's way He says he must examine the
President Of the United States. I have refeErsd