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

stitution.
Mr.. BALDwis. happen not to have copy of
the speech Of the Senator from New York here,
and cannot Of course be expected TO give the pre-
else words. understood the Senator to state that
there was higher Law than the Constitution,
which was in harmony with the provisions of the
| Constitution
MIR PRArr. Now, Mr.. President it will be in
| the recollection of every one who hears me- that
in the second speech which was made by the Sen
ator from New York-one which displays all that
preparation which think every Senator should
give to everything they are about to utter in this
body-which if it had been displayed in better
cause would have been worthy of his country
he reiterated the sentiment contained in his first
speech, and then uttered the sentiment have
stated, that there were two antagonist principles
ingrafted originally in the Constitution, and those
two antagonist principles were the alleged equal
ity of man and the principle of domestic slave
ry-the recognition of domestic slavery.
Now, Mr.. President, he svowed further, and
think that every one here win agree with me, that
whenever these antagonist principles of which he
was speaking came in conflict with the Constitu-
| ton, the higher law woald be ebeyed by him ia
preference to the Constitution itself 1 have
spoken of this matter TO all the friends Of that
Senator, and this is the first time | ever heard
any one say he understood him differently from
L
with the announcement Of the intention on my
part to move the expulsion of that Senator as
member of this body | have stated that when
that Senator took his seat here, he was bound as
we WERE to comply with that article of the Con-
stitution which says that Senators, before they
take their seats, shall swear to support the Con-
stitution. | have said TO them that if, when he
came to the book to take that oath, if he had re-
fused to take the OATH he could not have taken
his seat; or if he had promulgated to the Senate
the reservation which he now makes or has hith-
erto made, with reference to this superior law, so
as to make invalid that oath, there is not Sena-
tor that would have permitted him to take it.
Therefore, sir, if he had not concealed his under
standing Of the obligations which he was about to
take upon himself, be would not have been per-
mitted to take his seat here. | contended for this
with his friends, and none of them said / was
wrong in the facts. | contended that with these
opinions we ought to turn him out Of the body, as
he never should have taken a seat here.
Mr.. President, now come to the amendment,
which is this
Insert after the word That" in the first line,
| the following:
"New Mexico shall, ON proclamation by the
President of the United States, be admitted as q
State into this Union, on an equal footing with
the original States Propided, That the President,
before issuing such proclamation shall be satisfied
that the Constitution recently framed by the Con-
vention of New Mexico has been approved and
ratified by the people of New Mexico in the cleo
ton held for the purpose of considering it, on the
Goth June last"
Here, then, sir, Is a proposition that Congress
should admit New Mexico o State into this
| Union with Constitution which Congress has
never seen, establishing boundaries not known to
the Senate or to any one else that we should d.
rect the President of the United States to proclaim
the admission of New Mexico as a State, with
whatever boundaries she may choose to assume
even if they include half or two-thirds Of Texas
and whether that Constitution is republican in
its form or not provided he shall believe that the
people of New Mexico are willing Therefore,
if they have established Government not repub-
lican in its form-a kiDgly Government-the
| provision of the Constitution which says that we
shall admit no State which is not republican in
its FORM or if by its boundaries it includes part
of Texas, that provision of the Constitution which
prohibits separating from the limits Of any State,
without the assent Of that State, are to be dsre-
garded, and New Mexico is still to be admitted
as a State by proclamation, although she does
segregate parts of other States without the assent
of those States, and although her Constitution
may not be in republican form. Am not right,
then, in saying that no one-except the Senator
| from New Notwithstanding his opinions, could
submit proposition like this Am | not right
in saying that there is no Senator upon this floor
and ask the yeas and nays to see if there is any
one-who will vote for an amendment directly
violative Of these two clauses Of the Constitution
to which have referred2
Mr. President, have desired upon all occa-
sons, and am sure that it is still my determine
ton, to cultivate toward my brother Senators
feelings Of harmony and respect so far as am
capable of entertaining them. | will not say
will not pretend to ssy-that such feelings can
be entertained by me with reference to such a
proposition as this, or to the member of the Sem
ate who made it.
Mr.. DAYTON. MIR President
The PRESIDENT. Did the Senator from Mary
land ask for the yeas and psysl
Mr. PRATT Yes, sir.
Mr.. DAYTON Mr. President, | have request
tbs PRESIDENT. The Senator will suspend un-
til it is ascertaned whether the yeas and nays are
ordered
The yeas and nays were then ordered.
Mr. DAYTON After the yeas and nays are or
dered, the request that have to make cannot be
complied with meant merely to ask the Sena-
tor from New York whether it would not be bet
ter for him to withdraw his proposition.
Mr. CLAY lin his seat object
Mr.. PRATT lin his seat) The yeas and nays
have been ordered
Mr. SEWARD. IL there is any proposition have
ever made, any measure have ever proposed,
which am willing TO stand by here, before the
country and the world, it is the proposition !
have now submitted Therefore, though stand
alone, shall be content, convinced that stand
right
do not propose to reply to what is personal
to myself in the remarks Of the honorable Sena-
tor from Maryland. have nothing of a personal
character to say. There is no man In this land
who is Of sufficient importance to this country
and to mankind to justify his consumption of five
minutes of the time of the Senate Of the United
States with personal explanations relating to him.
self When the Senator made his remarks rose
to express to him the fact that he under mis-
apprehension. The speeches which have made
here, under rule Of the Senate, are recorded,
and what is recorded has gone before the People,
and will 20, worthy or not, into history. leave
them to mankind | stand by what | have said.
That is all have to say upon that subject
The Senator proposes to expel me. am ready
to meet that trial too; and II shall be expelled,
shall not be the first man subjected to punishment
for maintaining that there IL power higher than
human law and that power delights In justicei
that rulers, whether despots or elected rulers Of
free people are bound to administer Justice for
the benefit of society. Senators, when they please
to bring me for trial, or otherwise, before the
Senate Of the United States, win find clear and
open field ! ask no other defence than the
speeches upon which they propose to condemn
me. The speeches viii read for themselves and
they will need no comment from me.
Mr.. President, the objection which is made to
the proposition which hsxe submitted TO the
Senate Ia this; that It may bring into the United
States royal or kine'y Government Sir, here
is the Consultation Of New Mexico, sent to me
by one who attended the Convention Of New
Mexico. have just - good evidence to satisfy
me that this IL the real Constitution Of New
Mexico, a. had 10 satisfy me that the honorable
Senator from Maryland had been elected 9 mem
Der Of this branch Of the Legislature when !