The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-29
TIL E r + P u BLIC.
SPEECH

august s, 1850, concerning 1eras and .Ne,c
.MericO.
The House being in Committee of the Whole on
the state of the Union, MIR. BuRT, of South Caro-
lima in the chair,) and having under consideration
the Civil and Diplomatic Appropriation bill
Mr.. DUER said:
MIR. CHAIRMAs: ! rise for the purpose of making
some remarks upon the message OF the Presldent
relating to the boundaries of Texas, and principal
ly in answer 10 objections that have been made 10
that paper. have regarded that message as well,
timed, impregnable In Its positions, and wise ana
statesmanike in its counsels. IL was no sooner
read at the Clerks deck than il was vehementy as
sailed and violently denounced. But II Is not easy
to answer denunciations; and have waited, with
some curiosity, until could learn upon what oun-
dation in reason these attacks were founded.
should have waited longer II had not feared since
the debate is SO soon TO be closed, that might fail
TO get the floor altogether. should have been
pleased TO hear several gentlemen, who | under
stand expected to address the committee, and
among others, sir yourself who believe intimated
an intention to do 80. was unfortunate, too,
TO hear but small portion of the remarks OF the
gentleman from Georgia, (Nlr STEPHENs,) who
first addressed the committee; and those remark ks
have not yet been reported, have been obliged to
rely, principally, for my knowledge Of them, upon
a brief and probably imperfect abstract, that was
printed in the Republic. For these reasons, together
with the heat OF the weather and the late period OF
the session, my remarks will want that degree Of
completeness which, under other circumstances,
might have been able TO give them; and feel SEN
sible that what may say on so important cues
ton will scarce be worthy of the attention of the
committee. Nevertheless, have thoughtitproper,
far as have not been anticipated by other gen
tlemen to attempt some answer TO arguments that
have been made on this floor.
In the first place, permit me to state briefly what
understand to be the positions taken by the Pres
ident with respect to his powers and duties the
Executive branch Of the Government, and the facts
upon which those positions are founded. This
Government first conquered by its arms, and after
Vard. from MEXICO,
of country which under the Mexican government
known by the name OF New Mexico This
country in the possession OF Mexico, since
Mexico has been independent State, until Its
conquest by the United States; and since its con
quest il has been possessed, without interruption,
by this Government. There was never any pos
session adverse TO Mexico before the conquest, and
there has been any possession adverse TO the
United States since. By OF the articles OF the
treaty it is stipulated that the Mexican5, In the
territory thus acquired, who shall elect to become
American citizens shall in due time be admitted
into the Union, and in the mean time shall be pro-
teced in their liberty, property, and the free exer
else of their religion. Texas, however, claims that
the greater part of New Mexico, being that portion
lying east OF the Rio Grandc, belongs to her; and
il is we'll known that that State has it in conteln-
plation to subject the people living there TO her u
rsdicton by force. Under such circumstances
the President declares the opinion that he has the
power and that it is his duty, to employ the mill
tary power of the nation protect the Inhabitants
of that portion Of the ceded territory claimed by
Texas in the rights guaranteed TO them by the
treaty; and that the forcbe extension by Texas OF
her jurisdiction over them would be an infringe
ment Of the rights secured Ii proper, II
was Just respects Texas, it was his duty
spects Congress, that the President, holding such
opinions, should declare them. Texas might well
complain, If without previous warning she found
her citizens brought into collision with the army of
the United States.
Congress, that has power to settle the question
by providing for its judicial determination, or by
n. ftnrv 10 T.ya Inv tab
sures tor aInicabe adjustment by consent of The
parties-Congress might well complain, should so
unfortunate event occur, that the President had
not communicated TO them information import
ant, and which, il would naturally be supposed,
would have caused the prompt adoption Of proper
measures TO avert such consequences. In the frank
Of the President see nothing to Censure. If
he err, he puts II IN the power OF Congress to cor
rect whatever evil might otherwise follow such err
ror But do not think he has erred he has as
signed the reasons for his opinions, and nothing
that have heard here has shaken my confidence
in them.
The gentleman from Virginia, (Mr. SEDDoS, }
who addressed the committee the day before yes
terday, thinks that the resistance Of State 10 any
Of the General Government does of itself deter.
mine the question that the act resisted is not
warranted by the Constitution. He lays down tho
broad and startling proposition, that this Govern
ment has no power to employ force against the
force of State or, in other words If the execution
of an act Of Congress, Of a treaty made in pur-
suance Il the Constitution, be resisted by persons
acting under the authority Of State, there is no
power IN thus Government to enforce the laws
against such resistance. will repeat the PROPOSE
ton; If do not state his position correctly, hope
the gentleman will correct me.
Mr.. Seldom. The genuemans statement Is q
little TOO broad. did not speak of acts Of Congress
passed in pursuance Of the Constitution. But
hold that a sovereign State has the right TO deter
mine for herself whether act Of Congress be OF
be not in pursuance Of the Constitution; and that d
she determine act 10 be null and void, and re.
ia 10y has no q
employ fOrce against her.
Mr.. DrKR. Just'so. And in this particular case
10 which The gentleman applies his remarks, il
TeraS should authorize a body Of armed men tc
march into New MEXICO, and subjugate the coun.
Try, no act Of Congress, and no treaty opposed u
her action, would be Of any validity, and there
would be 10 power in the Government 10 enforce
them. When State authorizes resistance 10 q
law Of the Union, the act implies according to the
gentleman-Or have wholly sspprehended him
an judication that such law IL void; If not the
defect in form can easily be supplied. Now, there
Is n right and wrong, independent Of the judg
ment Of men. Such law may be really cOnstitu-
tOnsl, notwithstanding an opinion 10 the contrary
Of State legislature or a State convention. DO
not deny that an unconstitutional act Of Congress
may Be nghuully resisted; but deny that con-
stitutional act may be resisted because any State
may chOose To pronounce Il otherwise. And here
ia the precise difference between the gentleman
and myself
The gentleman challenges the production OF any
authority in the Constitution for the employment
Of force against a State. / think that can find
such authority, not indeed in 20 many words, but
ne clearly following from the powers granted II
expressed in terms.
10 the fret place, there il the power to pass laws
The President and the senate may make treaties
which arc declared 10 Nc the supreme law Of tie
land. So Congress, In certain enumerated cases,
are authorized 70 make nys, which arc declared u
he equally supreme. WHAT s this power Let u
take, for example, the first One-the power 10 col
sct duties, tspes, and imposts. Now, this IL not a
power 10 recommend the states 10 permit taxes u
BE- collected within their borders, bat perfect aud
unqualified power 70 collect ~ with ali the Otbsr
pOvers NEXT, find that the executive power is
vested in the Prosiden OF the United ststos who IL
made commander IN chief Of the army aud navy II
the United ststes, and Of the militia when called
into the service OF the United States, and required
20 take care that The laws be faithfully executed
and prov isiOn IL further made for calling forth tc
militia 10 execute the laws Of the Union. IAstly,
the judicial power, which IL declared TO extend "a
all cases arising under the Constitution, the law.
OF the United States and treaties made under their
authority, u vested IN n Supreme Court and sue h
inferior courts as Congress may establish. Now
without going further, since all those powers-th'
power TO make laws, the power 70 execute them
and the power TO interpret them-sre perfect, all.
solute, and unconditional If there be a dispensing
powers power ia the States To repeal this supreu
law, or 10 determine its true meaning, or 10 pro