The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-19

sentative Government, and Congress having rep.
resentatve trust, and all it, functions being bcgis-
ativc no person not elected by the people " entitled
to seat ON the floor Of the House Does any per-
son represent without constituency? II Mr. Smith
has no constituency, there Is no power to admit
him.
Mr.. seldom oontended that no delegate could
be received except he was elected in pursuance Of
Mr.. WOODWARD. in the course of his remarks,
said that Texas bad right TO the territory Of New
Mexico prior to the United States. No man denied
her color Of title previous to annexation, and that
abe is as competent to be the conqueror of New
Mexico the United States II that is the ter
ritOry of Texas by color Of title, the movement in
New Mexic0is an insurrection against Texas, and
the Federal Government 10 bound to suppress it.
Texas has right to demand it. and ought to exact
1t. That Ia the duty Of the Government. BY re-
fusing To perform It, tho Constitution 10 volatcd;
and the Government il aiding and abettinga great
outrage.
Mr.. CROWELL said that because they admitted
a delegate, conclusion followed that they settled
the boundary question. The delegate only gave
information as to the country which he represent
ed. The boundary question remained as il was.
You acquire territory, and now you claim to have
no power it. You say that the Constitution is
silent as to admitting delegates. II you have no
power To- control the territory you had no powerto
acquire it.
Mr.. HOLMES was understood to express the
opinion that Texas had not title to the boundary
which she claimed, but that she has il now, because
the United States prosecuted it with power Of at
torney, and secured it for her; therefore the Gov
ernment of the United States is precluded from dis
putting the power of Texas,
Mr.. GREEN Withdrew his amendment, and
Mr.. STRONG renewed it. He said it must be
very obvious to gentlemen on all sides that there
was but a single Issue pending, and he was unable
to see that any advantage was gained in discussing
other points. The question was, whether Mr..
Smith should be received as delegate, under the
circumstances? What was to be gained by en-
deavoring to put amendment to amendment, and
thus preventing the action of the House, He ap-
pealed to the committee to take the vote, and they
could dispose Of the business in half hour, with
out wasting the entire day.
The question was then taken on the amendment,
originally offered by Mr.. GRKEN, to strike from
the amendment the words "as delegate" and it
was decided in the negative-ayes 81, noes &c.
(Although the debate was closed by resolution,
gentlemen avaied Themselves of the rule which
allows five minutes to explain amendments Of
fercd1
Mr.. STEVENS, of Pennsy lvania, moved to amend
the resolution reported by the majority of the Com
80 rs to read that it is erpedient to admit Mr. Smith
as delegate from New Mexico. He said that he
was in favor of admitting the delegate, for the
son that New Mexico was formerly an authorized.
organized community, and one of the provinces Of
Mexico. There were large interests to be deter
mined on judicial authority. Texas has able and
Jealous advocates here. New Mexico, who is equal
advocate her rights. Are to try this question er
pdrte, and be the judge and advocate, and exclude
the other party from voice herca benefit which is
allowed to the commonest malefactor? We by law
allow the accused to be heard by counsel selected
by themselves. He believed with his colleague,
(Mr. STRoSo,) that the boundary is out of the
question, and that the only point was, Shall New
Mexico be heard in the trial of a great question?
We should not Rhadamanthus, the judge Of
hell, determine it without giving fair hearing.
Are we to be guided by American justice, or take
the place Of the internal judicatory'
Mr. MEADE offered amendment, to admit
MIR. Smith at the ''proper time" He said that
the rights of New Mexico were advocated here
well those of Texas therefore the ar
gument of the gentleman was of no avail.
What about to do involves eight or
ten important questions, on which speeches for
days could be made The only power which
the House has to admit delegate is in virtue Of
signed by the President. What is the use of per-
ssting in the admission Of the delegate, when
great object is to be obtaincdi There was no apol-
ogy, nor the sembance of one, for violating the
Constitution and the laws.
Mr.. TAYLOR offered an amendment, that the del
egate may be admitted 'as possible" He
insisted that by the ninth article of the treaty with
Mexico, it il the duty of Congress to uphold all the
rights and protect the property and persons in the
acquired territories. Then why delay to admit the
delegate, who will represent their true condition?
The treaty is the supreme law of the land, and we
are required to give the people protection
possible.
MIR. STANTON, of Tennessee, replied TO the gen.
tlcman He said that Mr.. Smith was not elected
a delegate to take seat here, and certainly the
rights Of the people could not be secured by his ad-
mission merely. He was not elected by them, but
by convention. TO urge on Congress the adoption
OF territorial form OF government To admit him
would be contrary to law, and dangerous prece-
dent.
MIR. HOWARD replied to Mr. TAYLOR He said
that by the treaty the people of the acquired Ter
rtories not 10 be Incorporated into the Union
II MI n he
time" The allusion WAS, evidently, to territorial
governments. The action not to be by one
House of Congress, as was now proposed II was
not true that there is any contest between New
Mexico and Texas. The contest is between the
Federal Government and Texas.
Mr.. TAYLOR explained. His object to show
that the treaty meant that the people were to be
protected in the enjoyment Of personal liberty and
property.
Mr.. TUCK wished to say few words to show
why the debate ought now to close. He thought
that both sides had been sufficiently heard, and
pecially that which opposed TO the admission
of the delegate. The subject had been under con-
sderation three days. The chairman and another
member of the Committee of Elections occupied
two hours in arguing against the admission of
the delegate; then the two representatives from
Texas occupied an hour each. In favor of the del
egate but two gentlemen had spoken, occupying to-
gether an hour and a half We are wasting the
time usclcssly, without changing the views respect
lively entertained.
Mr.. BISsELL said that, long ago, he made up
his mind that he should vote Tor the admission oil
delegate, before he had to suppose the act Of
admission would be regarded as n hostile movement
towards her; and, as consequence, he had no in
tcntion of doing her injustice. He regretted ox-
ccedingly that Teras, her representatives,
should construc the conduct Of those who should
vote for the admission of the delegate, act Of
hostility. He did not mean II as such. He had
been attentive listener TO what had been said,
especially against the admission OF the delegate,
and his former convictions were unchanged
Mr.. HARRISON said that IL Mr.. Smith repre-
sentcd any one, IL must be the military government
appointed by the United States. New Mexico had
two hundred and thirty speakers here, who would
protect her while they maintained the interests Of
the United States. Would IL not be well for gen
tlcmcu TO ask Themselves what benefit they would
derive from admitting this dclcgatei Was there
any pressing necessity for ~
The question then taken the amendment
of Mr.. MEADE, to admit the delegate cat the
proper time" and IL decided in the neg
alive.
Mr.. GORMAN proposed an amendment to admit
Mr.. Smith, provided that he rcsided, at the time
Of bis election. within the undisputed boundary Of
New Mexico" And he made few remarks in
support Of the proposition.
Mr.. T0oMBs argued against the admission Of