The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-19


powers, and all Other powers vested by this constitution
IN The government OF the United States, any depart
men, o. oesf thereof All powers under h's clause are
Congress and must be exercised kaU This power them
Of authorizing the appointment and admission OF delegates
must be exercised bg Congress and Embodied in iaU And
such. has been satisfactorily exhibited by the able
gentleman from South Carolina. has been the conception
and practice OF Congress in its past action. How, IN
deed could be othcrwise The position oil delegate
from Territory is that Of highly trusted, responsible
officer As such delegate. he entitled TO high priy
eees. invested with delicate responsibilities, and is au
lhon1ed TO Claim the mileage. pay and emolumenis OF
member Is II not preposlerous 10 suppose such tunc
lions and privileges could be impaired such appropriation
OF money be made BY the arbitrary will OF this House
alone, and without the sanction OF law The gentleman
from New York Mr. DUERl has, submit with due def
erence nanifesty conounded the right OF admitting to
lhs mere privilege Of The floor with the right OF receiving
the House Under the power of prescribing rules for
ITS proceedings the House may be entitled alone to extend
the privilege of admission to whom it please
whence he may; but receive delegate from Terri
tory any other place, without previous authority Of
law, would be wholly beyond its powers, and clearly I'M
constitutional. Here the hammer fell.
| The question the amendment OF Mr.. GREEN was
then put amid much confusion and il was rejected ;
Mr. McMULLEN claimed that he haa> called for the
reading OF The resolution before the Affirmative vote was
announced
Mr. GREEN changed the phraseology OF the amend
men to call for striking out the words "as dele
| gate from New Mexico"
As altered. this proposition was further debated by
W.T. lhONG, VINO urged the importance OF coming 10
direct on the proposition admit Hugh N. Smith
And then the question being put agreeing to the
said amendment il was decided in the negative
Mr.. STEVENS moved to strike out the syllable Sin"
from the word "inexpeden in the original proposition
from the Committee OF Elections, to make the
resolution OF the majority OF the committee read, that
was expedlent 10 admit IT, ~ Smith, esq., to seat as
delegate.
Mr.. S. having advocated his proposition in fve-min-
Mr.. HOUSTON moved further TO amend the original
proposition by adding, that the said Hugh N. Smith is
admitted as delegate from New Mexico"
Mr.. STEVENS accepting that amendment,
Mr.. MEADE proposed further to amend by adding the
words ''a the proper time.
| Mr.. nj. then addressed the House for five minutes.
urging the improperly of proceeding in this contrary
| to law and in violation OF the constitution
| Mr.. M. having withdrawn his amendment,
Mr. TAYLOR moved TO- further amend Mr. SrEvEss's
amendment by adding at the end of the word "expedl
| ent' the words "as soon possible"
Mr.. l. then advocated his proposition in speech OF
five minutes duration.
Mr.. STANTON, Of Tennessee, and Mr. HOWARD
against il and Mr. TUCK and Mr.. BISSELL in its favor.
| The question on Mr. TAYLoR's amendment was then
put; and it not agreed TO.
| MIR. MEADE renewed the anne ndment to add at the
end of that OF Mr.. STEVENS the words ''at proper
time y and withdrawing it at that gentemans request,
Mr.. HARALSON renewed it. and urged the principle
involved in its adoption in fve-mnutes' speech.
Mr.. MEADE changed the .phraseology so to make
his proposition read that delegate (raher than Hugh
N Smih-REp) shall be admitted at proper time.
The question thereupon was then taken and it was
| not agreed to-
Mr. GORMAN moved further 10 amend the amend
men proposed by Mr.. STEVENS, by adding that Mr.
Smith shall be admitted provided he resided within the
election.
Mr.. G., having advocated the principle OF his amend
ment for five minutes withdrew it; when, il being re-
newed by Mr. TooMss, the principle involved IN was
discussed in five minutes speeches BY that gentleman Mr.
| THOMPSON, OF Pennsy lvana. and Mr. HlLLlARD in
its favor, and by Mr. DUER and Mr. ALLEN against it.
The said amendment having then been withdrawn,
Mr. STANTON. of Tennessee. offered amendment
10 that of Mr. STEVENS, declaring that Mr.. Smith had
been elected delegate to represent New Mexico BY the
United States House of Representatives, the people OF
New Mexico not having chosen one themselves.
| Mr.. s. advocated his amendment in fve-mnutes
| speech, when it was rejected
Mr.. BOWIE moved further to amend by adding that
he admitted AS the advocate OF the convention BY
which he elected and that he be permitted TO address
the House all which the interest OF the
siliuenis OF that body involved and upon which he
had received instructions from the said convention.
Mr.. b. advocated the adoption OF his amendment in
speech; and then, withdrawing It, the debate
thereuPon was continued on the general questions IN.
volved by MessIs. SAVAGE and RICHARDSON against
the admission OF Mr.. Smith, and by Messrs. JOHN A.
KING, Blu LlER, OF Pennsylvania, and HOUSTON, IN
Mir. STEVENS withdrew his proposition
The debate on Mr. BowIn's proposition was then fur
CONRAD against the applicant, and by Mr.. BlSSkLL
and MIR. SCHENCK in his favor.
Mr. lNGE obtaining the floor, caused to be read at the
Clerks desk extracts from the address OF H. ~ Smith to
the people OF New Mexico, TO show that his aboonlsm
furnished the main why certain northern gentlemen
so strenuously advocated his admission.
| The debate the amendment then further
tinued by Messrs JOHNSON, of Arkansas, and
MEADE against the admission OF MIR. Smith; which
1 being Withdrawn,
/ Mr. BURT moved further to amend by adding pro-
viso that the SAID Hugh N Smith shall be allowed 10
participate the debates, TO receive the pay mileage
| of a delegate in the Congress OF the United States
This proposition then debated by MIR. BURT
against. and by Mr. CARTIER for, the admission OF Mr.
Smith
| An unsuccessful motion, that the committee do now
rise, made and then the debate on the amend
ment proposed by Mr. BURT continued by Mr
i SCHENCk, who spoke IN opposition thereto; and The
question being TAKEN IT was not agreed 10.
Il An unsuccessful notion that the committee do now
rise, again made.
| Mr. SCHENCk moved to amend by striking out the
word xpedient from the original resolution reported
4 by MIR STRONG from the Committee of Elections, and
inserting instead thereof the word "expedient; which
was not agreed to-ayes IS, aces 50.
/ The question then REQUIRED the amendment OF Mr.
Bowie that the said Smith should be admitted 10 scat
in the House Of Representatives the advocate OF the
convention commissioning hun, purporng to be the rep
OF the people of New Mexico. with author
y 10 address the House subjects on which he had
been instructed by the said conventions which was not
4 agreed to.
The question next REQUIRED on the amended resolution
from The minority OF the Committee of Elections, admit
ting n N Smith 10 seat IN the House, AS the delegate
from New Mexico 10 the thIrty.hrs Congress- and pro
vldng that such action should not be taken express
sion of an opinion on the part OF the House upon The
Texas boundary question which not agreed to-aycs
IS, noes so
i The question then REQUIRED the original resolution
reported by Mr. STRONG, from the majority OF the Com
miilee OF Elections; which was as follows. viz