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

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Senator does not disdain to examine Constitu-
ton not officially laid before the Senate. II be-
gins with these words:
awe, the people Of New Mexico In order 10 establish
justice promote the welfare and the blessings
liberty TO ourselves and our posterity'-
This, so far, is the language of the Constitu-
ton of the United States Then il proceeds to
utter what the Senator from Maryland will con-
slider a dangerous heresy:
Sovereign Ruler Of the Universe and mporng His aid
and direction In its accomplishment do oan and estab
fish the following Constitution"
We see that here are people who acknowledge
higher power than the Constitution.
Mr.. PRATT interposing) Does the Senator
mean to say that consider that a heresyl
MIR. SEWARD. | say that the Senator charac-
terized what | said as heresy when expressed
precisely this opinion.
Mr.. PRATT viii the Senator yield the floor
a moment2
MIR. SEWARD. Certainly but give the Sen
stor notice that shall make no answer.
Mr.. PRATT. Mr. President, when one asserts
am sorry TO say, what he knows to be untrue
SEVERAL SENATORS. Order order.
Mr.. PRATT. beg pardon, Mr.. President
Mr.. SEWARD. hope the Senator may be per-
mitted to proceed
Mr.. PRATT. was about to say, that when
Senator makes an application to myself which is
not correct, with the assertion upon the part of
that Senator that nothing which can say will in
duce him to reply, feel that proper respect to
myself should induce me to say nothing.
Mr. SEWARD These people of New Mexico
then say they have Established q 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 of 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-
tabished a "kingyn Government. This may be
learned from their declaration Of rights
"A men being born equally free and independent, and
having certain natural inherent, and inaenable rights
amongst which the enjoying and defending Of life and
liberty the requirement possession and protection Of
erty and the pursuit attainment happiness there
male person shall be held by law to any per
son servant apprentice after be arrives at the
OF twenty female in like msnner after
she arrives at the age Of eighteen years. unless they be
bound by their consent after they arrive at such
bound by law for punishm ent Of crime.
A is inherent in the people all free Governments
founded in their authority they have therefore in
aenabe and Ddeasibe right to institute Government to
alter and reform totally change the same when their
SAFETY or happiness requires it' -=---ee,sA
Well sir, so far this is sound republicanism !;
it is the republication of the British Constitu-
tons Of l640 Of 1855, and the n merican Consti-
tuition Of i776. Web, have they established a
King, with an hereditary aristocracy to exercise
the powers Of government? No, sir quite the
contrary
"The powers the Government the Stated New Mex
leo shall be divided into three distinct departments, and
each Of them conded to separate bodies Of matrscy to
wit Those which legislative 10 those which
judicial another and those which executive to
other
"No person collection Of persons being Of Of those
departments shall exercise any properly belonging TO
either Of the Others except in those instances hereinafter
expressly directed permitted
The legislative powers Of the State shall be vested in
two distinct brsnche to he styled the Senate, the
Legislature of the State of New Mexico The style of all
laws shall be- Be enacted BY the Legislature Of The State
Of Nel0 Merioo
chosen by the qualified electors and their Of office shall
be two from the day of their general election and the
session the Legislature shall be held annually At such
time as shall be prescribed by law.
The Senator's shall be chosen by the qualified electors
for the term Of four years. and shall be divided by lot into
two classes As nearly equal a. may be-
"The Governor and eutensnt Governor shall be elected
the qualified electors Of the State at the time places
Of choosing members of the Legislature.
"Ths judges Of the Supreme Court shall be appointed by
the Governor with the consent Of both Houses Of the Leg
aure in joint ballot ant shall hold their Offices for the
term OF six years and until their be duly nom
mated and qualified
"a general diffusion of knowledge being essential
preservation of the rights and liberties Of the people IL
shall be the duty Of the Legislature Of this State TO make
suitable provisions for the support and maintenance Of
public schools.
establish free schools hroue bont the State and shall fur
for their support by taxation and IL shall be
duty Of the Legislature to arart not less than
twelfth of the of the State, derived from
taxation as perpetual fund, which fund shall be appro
prated to the support Of free public schools and no law
shall be made divertng said fund to any other use
Every male person Of the age Of twentyone years or
upwards the descendsnts Of Africans and un
c.ed Indiana excspted belonging TO either Of the fol-
lowing casses shall have resided in this State for
six months next preceding any election shall be qualified
FIRST Citizens Of the United States residing In this
State
Second Persons who elected to remain citizens Of the
Republic OF Mexico according to article eighth Of the treaty
peace made concluded between the United States Of
North America and the Republic of Mexico Guadalupe
the thirteth day of May, A. d. iSiS and who shall
taken, at least six months preceding any election be-
fore Judge Of the Supreme Court in this State be-
fore clerk court Of record In this State oath
nouncing and abjaribg all allegiance feay to the Gov
Of the Reputc 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 nen
ton become citizens Of tbs United States conformaby
ration.
"NO soldier the army of the United States shall be
titled TO vote In this State"
This, then, is the Constitution of New Mexico.
1t is republican Constitution, and the argument
of the Senator from Maryland against the admis-
sion OF New Mexico ID 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 a 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 a State, as an alternative. i
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
and incorporate il 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 Om-
nibus bill Let Us stand alone upon our own or
different policy. do not wish to vote for this
bill i DO not Wish 10 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 | am unwilling to transfer to the
President Of the United States, or 10 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 isrepublican
or not The Constitution Of the United States
makes it necessary that Congress should pro-
nounce upon that question. How, in the name Of
God can we transfer that constitutional duty TO
the Executive, and then satisfy our consciences
and our constitutional obligations to that Consti
t;or 1 cannot do that vet