The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-26

which now assert. viz that there is a govern
ment in the acquired Territories which the "Exec-
utlve ,oas 6ouad to maintaia," with laus IL ,cas
bound 10 enforce" What becomes, then, Of this
ground of the attack which is now made upon
President Fillmore; When it was expeGient TO
attack General Taylor, there was a government
and there were laws But now, forsooth, when
Mr. Fillmore is to be hunted down, the tune is
changed the bold assumption Is put forth that
there Is no government, and no law
MIR. SEDDo7' here interposed, and said that there
was no inconsistency between his former views
and those now expressed; that he did not dispute
that there was a de (acto government, but that he
maintained that Texas had rightfu claim that
the President IN interposing against Texas had al
tered the status from what it at the time of the
treaty.
Mr. AsHMuN. do not quote the former remarks
OF the gentleman from Virginia 30 much for the
purpose OF showing his inconsistcncy-fo that is
matter OF very little importance-as for the pur-
pose Of confirming my position, in insisting that
there is n government which the President is bound
to maintain, and that there laws which he is
bound TO enforce. He has in exprcss words admit.
tea II, and the gentleman from Georgia has pos
| itively denied it.*
| Another gentleman (NIr BRowS, of Mississippi)
has also assailed the President with great vehe-
Incnce oi language. propose 10 quote from his
speech of February IL extract, fully sustaining
my own views in relation to the existing govern
| ment and laws in New Mexico, and the duty of the
President TO maintain and enforce them.
Mr. BRowN, interposing, said, that he was not
aware OF having made such a speech and, upon
examining the Congressional Globe, he found that
hr. a. was referring to speech of Mr. INGE, of
Alabama.
Mr.. AsHMuS admitted his mistake Both gem
tlemen had made speeches assailing General Tay-
lor, and had extracts from them both, but by in
adVertence have marked them wrong. But, sir, it
makes no difference with my argument; am not
arraigning individuals. | only refer to them as
representing classes, holding the same doctrines
and maniii,esting the same hostility both towards
President Taylor and President Filmore and as
the gentleman from Alabama (Mr. INGE) belongs
to the same class, will read the following extract
from his speech of February II:
4 ne several States composing this Confedcra-
ton acquired an ndeioasble title to the Territories
OF California and New Mexico by the treaty of
Guadalupe Hidalgo, the ratifcations of which were
exchanged on the goth OF May, ls4S. The several
States, or the people thereof, became Joint tenants
ol TINS common domain, entitled to equal rights
therein, which the Federal Government as the
agent OF ALL Is under the highest obligation to pro-
tect. In accordance with this obligation il de:
voyed on the last Congress to extend over it terri
torlal governments, which would invite the emf
grafton OF American Citizens with their property
9l every description, from every section of the
Union But the prevailing conflict of opinions and
passions was fatal TO harmonious action. Congress
expired without the exercise Of its legitimate au-
thorty over the Territories leaving them subject to
the Constitution of the United States which is the
supreme law Of the land to the treaty of G uada-
lupe Hidalgo, made under the authority of the
United States;' and to the local laws of the terri
tory as they existed at the usion of the treaty
regulating the relations of the Inhabitants with
each other, not in conflict with either the Constitu-
ton or the treaty The termination of the war left
government dc Jdcto IN full operation. competent
to administer the lava, until a effective gov
ernment could be provided by Congress- Upon
that subject Mr.. Buchanan says:
'''ln the mean time, the condition Of the people
oil california Is anomalous and will require ON their
part the exercise OF great prudence and discretion
BY the conclusion OF the treaty of peace the mill
tary government which was established over them
under the laws OF war, as recognised by the prac-
20 N "A eli lirflf -
authority from this source of power. But is there
ior this reason, no government in California? Are
LIE, liberty, and property under the protection of
no existing authorities? This would be singular
phenomenon in the face Of the world and especial
Iy among American citizens, distinguished as they
are above all other people for their law abiding
character. fortunately, they are not reduced 20
this sad condition. The termination of the war left
an existing goyernment-a government de facto-
in full operation; and this will continue with the
presumed consent OF the people, until Congress
shall provide Tor them n territorial government
The great law Of necessity jusifes this conclusion
The consent of the people is irresistibly inferred
from the fact that no civilized community could
possibly desire 10 abrogate an existing government
when the alternative presented would be TO place
themselves in state OF anarchy, beyond the protcc-
ton Of all laws, and reduce them to the unhappy
necessity OF submitting TO the dominion Of tho
strongest
" This was the condition OF California and New
Mexico when the present Administration succeeded
10 Office ON the 4th Of March last
- no" pIOCtcd 10 inquire what were the duties
OF the Executive in relation 10 these Territories.
Under our form Of government the President pos
scsses neither legislative nor judicial power. The
Constitution distinctly defines the several depart
ments, and the appropriate functions Of each vest
ing in the President powers purely executive.
- The Executive power shall be vested in Pres
idcnt of the United States of America
4" The President shall be commander in chief
OF the army and navy Of the United Statcs'
q" lie shall take care that the laws Le faithfully
executed
" We have that government de faelo was
in operation, with full capacity for the preserya-
tion Of order and the efficient administration of the
laws. IL was his duty, 10 the extent Of his power
to maintain the existing government until Con-
grcSs exerted its paramount power to abrogate il,
and TO take care that the laws be faithfully exc
cuted' "
Mr.. Speaker, hold the doctrine 10 be sound
which was thus laid down in January and Febru-
airy last oy these gentlemen, and which had been
previously attcsted by Mr.. Buchanan, as Secretary
Of State under Mr. Polk. il follows strictly in the
footsteps Of Chief Justice Marshall as marked in
the decision which before quoted, and il ia the
humanity.
What, then, becomes Of tho ground assumed by
the gentleman from Georgia, that there are no
laws IN the acquired Territories which il is the duty
Of the Executive to sec executed And Of his iui-
peachmcnt against the President that his claim of
POwer TO take that they are executed is usur-
pationi Sir his whole sUperstr ucture falls for the
ground upon which he erected IL il thus taken
away from him.
Having thus disposed Of the gcntleman's 6rst
point let us sec If there s any more EDrco in bis
second; namely, that the treaty contains notbino,
which imposes any duty upon, or gives any powcT
70, The Executive OF protecting the peopIe of the
Territories from violence, OF their triblnals ami
laws from resistance and overthrow lie arruc.
that treaty Ia an imperfect law a mere CON.
tract, and that somc subsequent legislation of
Congress Is necessary before the President can act
under It, In order to Judge Of the soundness of this
posiuon' we must see what the treaty itself says,
and quote the 9th article. which is enough for our
present purpose.
The ninth article of the treaty is in these words
"Thc Mexicans who, in the Territories Aforesaid,
shall not preserve the character Of citizens of the
Mexican republic cOnformably with what is stipu-
lated in the preceding article, shall De incorpora-
ted into the Union of the United States and be adj
mitted at the proper time 90 be judged Of by the
Congress Of the United Statcs) TO the enjoyment
of all the rights Of citizens of the United Stn,es nc
cOrdng to the principles Of the Constitution; and.
~ me mean tune shall be maintained and protected
in the free enjoyment Of their liberty and pronertv
and secured IN the free exercise Of tbcir religion
without restriction"
4 - H.