The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-29
No. 36.

not correct, with the assertion upon the part 0
that senator that nothing can say will Undue
him 70 reply, i feel that proper respect to mysel
should induce me to say nothing.
Mr.. SEWARD. These people Of New Mexi
CO then say that they have q .'estabished = govern
ment for the purpose OF establishing justice, sc
curing the blessings Of liberty for themselves ant
for posterity, and that they acknowledge the sup
erintending power of the sovereign Ruler Of tn
Universe, and invoke His blessing" aI
Mr.. DAYTON. Il is no part Of my duty Il
make any comment upon any course which any
senator may think in his best Judgment TO be ad
visible but cannot but feel that when we are act
ing jointly in reference to particular measure W.
have something in common, and that there i
something due to each other and it seems TO me
that il would have been better il 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 tbs
proposition were to stand alone. Why, sir,
cannot vote for this amendment, while at ths
same time do not want to vote against the ad
| mission Of New Mexico as State, as an alterna.
tive. / cannot vote for this amendment to tht
bill !; and / put il TO the senator from New York
what is the effect Of this amendment, supposing
you pass it, and incorporate it in this bill' Why
sir, you adopt your own amendment, and this
main line of policy; and the senator himself and
others will have to vote against the omnibus bill.
Now, in what position are we placed? Isubm L,
with very great respect, that it would have been
better and easier not to have mixed up this ques-
ton with the omnibus 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 circumstances. as mere alterna-
| tive. a lG5 ls iadae 3A III 81 ig
But l am unwilling to vote for this amendment
for another reason. do think this matter is pre-
mature. am unwilling to transfer to the Presi-
dent Of the United States, or to any other power
on earth, that right which the Constitution has
imposed upon us to judge whether the Constitu-
ton of State offering herself here is republican
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-
tutioni ! cannotd that yet. e't6 *
Again am unwilling to place the orsils of
Judging the question OF boundary, and other pro-
visions Of this Constitution, upon the President.
This amendment only says, thatif the President
shall be satisfied that the people Of New Mexico
have approved of some constitution, (what con-
stitution it does not say, and we do not know be-
cause the paper from which the senator has read
has no official character he shall admit them as
State by proclamation. sasGI e
| Mr.. President, regret very much that the sen
ator should have feltit his duty to embarrass u.
| in this matter. do not complain of it, because
he has exercised only his just and legitimate rights
upon this floor. The effect Of this thing is to
drive those to vote against New Mexico, with the
admission of California, who, if 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
if the amendment were adopted, you would drive
large number Of Senator'S to vote against it. i
4 is for these reasons would very much have pre-
ferred it, if it would have suited the senator, te
have had this proposition Withdrawn.
Mr.. SEWARD. i regret very much that the
senator from New Jersey has been embarrassed
! by this proposition. He sees that have not the
power now TO Withdraw it, however much nigh
desire to do so. AT the same time do not find thai
difficulty in the case which seems to liz in the sen.
ator's way. He says he must examine the Con-
stitution for himself, and not delegate it TO the
President of the United States. l have referred
nothing to the President Of the United States, but
to ascertain MS historical fact, whether the con
stitution has been ratified by the people Of New
Mexico, in a convention held on certain day for
| that purpose. The constitution will then come
up for our adoption. stated in the outset that
it was not myself who was responsible for the
premature presentation Of the proposition that
this bill if it passes, is bill to shut the doors
against New Mexico when she shall come with
her constitution here in her hands, and with her
delegates here, to maintain and support her rights
1 She is turned adrift without making her appear
ance, and therefore it is that am prepared, fol
one, upon the information | have, to 60 fol
her admission in order to secure her rights
Other senators may act as they in their discretion
may think right and proper. 1a They will have
their own reasons, have no doubt to justify
themselves and their constituents in regard to the
| vote they shall give. f I"
| Mr.. HALE. Iconcur with the honorable SEN
| ator from New Jersey, in what he has said in re-
| gard to the amendment Of the senator from New
York, as reason for not voting for it, cannot
vote for the proposition for another reason which
he has not adverted to- and that because those Of
US who have contended against the piing Of incon-
gruous measures in one bill should preserve our
consistency, fit is worth preserving, Il do not my.
self consider it Of any very great value,) and go
against increasing the load; for if California; back
1 was bent by what was already piled upon it., thii
certainly would not tighten the burden. Fo
| that reason would have preferred that this pro
position should have been presented in a differen
shape. 1900 ga6y eos y sgG.aai U glqg.
i But there is one remark of the senator from
! Maryland that wish to advert to. do not know
that Understood the precise offence which thu
senator from New York has committed, for which
| the honorable senator from Maryland has sug-
| gested his expulsion IF it be the announcement
that there was higher law than the Constitution,
and which we are bound to obey at all times and
at all hazards, myself ought to be expelled, be-
cause ! believe it.. I thought when the Senate
went into the choice of chaplain to perform the
ceremony Of offering prayer and supplication
that we did recognize that there was higher
Power over us, and have not heard Of late years
that it was a crime to recognize power higher
| than human power. s3g A
Mr.. PRATT, lin his seat) No one denie,
| that. i,.i,. 'fr sl is, Qt i
Mr.. HALE. / do remember, recorded in an
cient and sacred history, an occasion somewhat
analogous to this. II is recorded that on certain
occasion the princes and governors and mighty
men of the realm got together, and suggested to
the king Of Babylon to publish decree that who
ever should put up any prayer or petition TO any
other than the king, for the space Of three days,
lit was limited to three days only, let it be remem-
bered,) should be cast into den of hons; and
have not heard that the decree was enforced but
three days. The operation was such that It never
was renewed in the kingdom Of Babylon; and !
have never heard Of any country, civilized or sa-
| wage, where it has been a crime to acknowledge,
/ or of ORGANIZED