The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-27

After some remarks by Messrs. FooTE, CLAY,
BUTLER, and RUSK-
Mr.. CLAY withdrew his amendment.
MIR. SEW ARD moved to amend the amendment
| by prefxng thercto
| New Mexico shall, on proclamation by the Pres
ident of the United States, be admitted as State
into this Union an equal footing with the orgi-
| nal States: Preceded, That the President, before
| Issuing such proclamation, shall be satisfied that
| the Constitution recently framed by the convention
| OF New Mexico has been approved and ratified by
| the people of New Mexico IN the election held Tor
the purpose of considering it on the Goth of June
| last.
| MIR SEWARD addressed the Senate at length in
| support of the amendment. He argued that Con-
| gress was bound by treaty TO admit the people of
| New Mexico TO the rights and privileges enjoyed
| by citizens of the States Of this Union.
| Mr.. PRATT said that he satisfied that the
Senator from New York would stand alone on this
| amendment. lilo did not expect such proposition
| would have been submitted In the Senate, and he
| was certain that it could have proceeded from no
other quarter than the Senator from New York.
He would undertake 10 show that the amendment
was Of the same character as that which would like
ly result from recognition Of the ''highcr law"
which the Senator had asserted to exist and TO be
above the Constitution, He maintained that the
oath to support the Constitution OF the United States
was the pre- requisite qualification TO entitc per-
TO hold seat in the Senate. II Il person pre-
scented himself "A Senator snd refused TO take an
oath, he would not be admitted TO seat In the
body The Senator from New York had sworn TO
support the Constitution of the United States, or
else he would not have been admitted in the Sen
ate.
But in the second speech delivered by the Sena-
tor in the Senate, he had taken the ground that
there was law higher than the Constitution, and
when they conficted, he must obey that higher
law That is, if this higher law required him to do
unconstitutional act, he would do so, regardless
of the oath which he had taken. That is, if law
introduced interfering with slavery within the
States of this Union, which an admitted UNI
constitutional act, the Senator would, because oil
ht.Yl,nr
act, and that too after having sworn to support the
Constitution.
MIR. SEWARD denied having, at any time, or in
any place, ever uttered any OF the sentiments attr-
buted to him by the Senator from Maryland.
Mr.. PRATT said that the Senator had expressly
asserted that there existed a law higher than the
Constitution, which he was bound To recognise and
obey, even if that law in conflict with the Con-
stiution.
Mr. SEWARD denied having said go.
Mr. PRATT said that he had heard the Senator
say so, and such was the universal understanding
OF the Senate.
Mr. SEWARD said that he had nothing to do
with what the universal understanding.
Mr.. PRATT repeated what he had heard the
Senator assert to the obligations Of this higher
law, and maintained that his conclusions, as TO the
Senator's course, drawn from the application Of
that recognition of a law higher than the Consti-
tuition, were correct. He appealed to the recolec-
ton of the Senate as To what the Senator had as
serted. He called upon any one to state whether
the Senator had not stated it.
Dir, BALDWIN said that he had not understood
the Senator from New York having asserted
what the Senator from Maryland had stated.
Mr.. PRATT said that the Senator had not prob
ably heard the Senator from New York speak Of
the higher law az he Mr.. } had applied il to tie
in which he had Illustrated 1t.
MIR. BALDWIN said that he understood the Sen
ator from New York to have spoken of a law higher
than the Constitution, but which was IN harmony
with the Constitution [Laughter.l
MIR. PRATT continued. That the Senator from
New York had asserted that there existed law
higher than the Constitution, and that, although
he had 90 support that Constitution, he must
obey that higher law when they came in conflict.
Such the understanding OF the Senate. The
Senator from New York had sworn 10 support that
Constitution, and, when he came here TO take his
seat, had il been known that he did not regard
that Constitution as The supreme law for his gov
eminent here, there IS not Senator who would
not object TO him a member AfteT that speech
in which he had asserted his duty to obey law
higher than the Constitution, he had said TO friends
that the Senator had obtained admission, under
conceaaent OF his views, and should be turned out
OF that body.
He then examined the amendment, and pro.
nounced ii proposing unconstitutional act. 1t
was to place the admission Of a new stat6 IN the
hands of the President, without Congress knowing
any thing of the constitution of the proposed State.
The amendment proposed but one condition TO the
admission, and that was, that the people should
have voted on the constitution. There was no pro-
vision 20 its being republican in form, nor was
knew nothing of the constitution Of New Mexico;
knew nothing of her boundaries; she may have in
cuded one half othirds Of Texas and still she
Is to be admitted Her constitution may be kingly
government monarchy, and still che is TO be adj
mitted lie reiterated that the amendment was
unconstitutional and said il could haze elnanated
from one but the Senator, whose obligation 10
the higher law placed him above the Constitution
lie said that he desired, in his intercourse with
Senators 10 maintain good and kind feelings Of re-
spect towards ALL and on all occasions TO speak ac
cordingiy. Bur when such proposition as this
was made, he felt compelled 70 say, that he could
neither respect it ts author. lie asked for the
yeas and nays on the amendment.
Mr.. DAYTON rose 10 address the Senate.
The PRESIDING OFFICER said that he would
ascertain whether the demand for the yeas and
nays WAS seconded. And they were ordered.
Mr.. DAYTON said that he rose TO make a re-
quest, which, by the rules Of the Senate could not
now be complied with. il was, that the Senator
from New York would withdraw his amendment;
but the yeas and nays being ordered, it could not
now be done except be unanimous consent
Mr.. CLAY said that he would object.
Mr.. SEWARD said that be never made any pro-
position here or elsewhere which be was not will
ing to stand by and support. He prepared 10
meet the responsibility Of any act Of his lie would
not engage in any personal remarks. lie did not
think there any in the country whose
personal remarks were worthy Of five minutes Of
the time Of Senate. lie had spoken ola higher
law which bound to obey, higher than the
constitution, which regulates our authority, and
ucNOtes IL 10 uis HODc purposes Ol JutuCct anu uDi
in violation Of, but in harmony with the constitu-
ton.
lie examined the objections TO the amendment.
II said that Congress knows nothing Of the
stitution Of New Mexico. Every Senator had
copy of il. He had one in his hand, received
from a delegate in the convention which framed IT,
lie was az satisfied that that the constitution
Of New Mexico, as he that the Senator
elected, when his credentials read II
objected that the government of New Mexico might
be regal one; the constitution itself refucd that
position.
In the preamble to that constitution the people Of
New Mexico say
We, the people Of New Mexico, in order TO
tablish justice, promote the welfare and secure the
blessings Of liberty to ourselves and our p,sterty
acknoV Lodging with grateful hearts tho goodness
Of the Sorodgn Ruler Of the Uniuerse, and inpor-
ing his aid and direction IN ", Accomplishment do
oTddin and estabiish The foiiotcing constitution, &c.
Here there was power higher than the constitu-
ton Of the United States ao knowlcdged, and its aid
implorcd 10 their direction in the accomplishment
ofthcir object. Such recognition was considered
a hcresy by the Senator from Maryland.
Mr.. PRATT asked II the Senator meant to say
that he (Mr. P.) considered that a hercsyl
Mr.. SEWARD said that because he had alluded
20 the sovereign power, he had been denounced
guilty Of heresy by the Senator.
Mr.. PRATT said the Senator said that which
untrue.