The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-13


in the history Of our own Legislation But s'r. Il this
were so procedure in the course OF our govern
Va S,eS b oSa ;s ss =
SO tied down, not by principles but BY mere forms IN
Legislative proceedings. that we must always do what
A. psces men, when u grave question arises nvoy
ing the most important consequences instead oi follow
ng the indicated BY passing events are we 20
gous case not settling principle. but touching form.
and then adapt measures not to existing crcnr
stances. but 10 bygone transactions. surenderng or
Judgment 10 the authority OF precedent For
myself sir, dsclam such doctrines aud. far as my
vote will 70, shall look at things as they are. and
f. ms Is sos. sss ~Aa s Sst II sus
be admitted and thar Congress has power 10 establish
territorial governments and that constitutional powers
should be exercised when the occasion arises for which
they provided the union Of these messures can pre-
sent no practical diticultyand To such appeal; and
among these is the senator from Missouri. who tells Ne
that California and New Mexico are equally suffering or
want OF onr acton
As ID my own views respecting the constitutional pow
er Of Congress- 70 establish territorial governments,
have once and again explained them TO the Senate and
shall not renew the topic. find this powenonly
in the necessity Of the case as justified BY Mr Madison
in respect the old confederation and in the nevitable
Of Judge MARSHALL when deducng the ne
cessty OF government from the right Of acquisition.
When yielded to- it's yielded TO from the urgency oi the
Of him who thus finds himself in this situation. To1hose
who experience no difficulty as to the power Of Congress
appears there must be other reasons than those
embarrassment. And what are they, and how far do
they Involve the neglect OF constitutional duty Asto
the establishment of kind OF government in the
Territories no call in question s necessity and
must originate either in the legislation OF Congress or
in the voluntary act Of the people themselves u Con
gress neglect its duty the people must depend upon them
selves resorting 10 first principles for their ustfcxop
But is s state of things which no wise government
should promote BY its own naction puts 70 hsxesd
the whole frame Of society The validity Of the system
called in question, and the obligation Of the laws dis
puted and denied Il would be but work Of supe!ero-
CATION 70 point out the evils Of such state q things
either with respect 10 domestic tranquility or the legal
relations Of Territory thus situated with the States OF
the Union And especially 10 all this 70 be dcpre
Texas and New Mexico, where disputed bound
ary and the claim by Texas 10 extend her jnisdcti0h
over three ourihs Of the newly Acquired pop0aton SMn
last advices from that quarter suceny alarming 70
excite our apprehension and 10 hasten action Asto
the respective rights involved in this matter give no
opinion at present But we all know The yoIsncs 70
which these border contests give rise, each party cling
tenaciousy it's opinions, and ready IN the absence N
action on our part will produce action theirs and s
difficult 10 conceive case which more urgently demands
the prompt nieposiiion Of the general government The
boundary are equally Indispensable, and belong properly
10 the BILL All this would be the less alarming,
we could anticipate It's termination within short period
condition to demand admission as State OF this Union.
battles human sagaciiy to foete There are no lndics.
tons Of any Immediate and considerable aughenFsuon q
its population by emigration. Il may be years before he
can become member OF our confederacy and du!tng
this indefinite period this short period" M knslcE
dangerous position which is to bring trouble 10
her. Texas, and therefore to US natural events sfe
sure to follow their causes And repeat why y ths
may sayto Justify us TO the American people in this sys
tenn of inacon, this neglect OF constitutional duties,
fraugh with evil consequences before We can expecf
escape'helr severe reprehenson s mere any sacn mo-
The administration has recommended that Congress
should not establish territorial governments "a new
doubts respecting the power Of egsaion for that is ex
pressly conceded in the Presidents message Of January
clause Of the constitution which authorizes Congrs "to
make rules and regulations respecting the of
the United States" II is thus in the message bat it's
pose Of and make all needful rules and regulations re-
specting the territory or other property of The United
Sates"an important difference. when sought 70 de-
to regulate territory meaning land agrceaby % the
decision OF the Supreme Cour) or other properly,
Well sir, the power being admitted: i y a. nuen lne
arises, il is to exercise any other power And what
are the circumstances which. in the opinion Of he Pes
dent require Congress abstain from the exercise OF
constitutional duiys They these 6,s giss
claim has been advanced BY the State oi Teas p
very large portion Of the populous dstict Of he Ter
Ss psops Of ks~ Mssco lad osS s s
government f,r that Territory a. ceded by the gss q
as State, would have afforded The means
Of obtaining adusment OF the question OF boundary
with Texas by judicial decision Al present. howevef
ton and remains Tor Congress 70 devise some msees
adjustment Mearwhiie, submit 20 Gonkces sre
que son whether would be expedent before sucn IN
adjustment establish territorial governmsnt whton,
by including the district claimed, would Psaoscaily oe-
eide the question adversely the stss Of Texas 90
cludng H. would decide IL In her favor In my opinion,
such would not be expsdient &c. xaiasitniss
Here il seems to be assumed that II 10 the duty Of Con
gress io devise some for the ndjustmon of the
line between Texas and New Msxico; and till that sd-
usment tzkes place, Is recommended that no govern
ment be established lest such an estAblishment snoud
.practically decide the question: at issue steH,
| Now, Mr. President, Congress s utterly powerisss m
this matter, except far may make or accep foP
ositons for compronise between Texas ana NE unssu
States. s ntiNc a
The boundaries OF Texas just as much beyond he
reach OF the national legislature are the boundares OF
Virginia or any other State OF the un!on An o0t1goy
decision OF such question can only be made sgrseaoy
10 he message, by the Supreme Court, and then only
h !, ases between two Staes and not when il sEsss
between State and the United Siates acting to-
ritoy In the latter case, the parties are wholly ne
pendent OF each other and compromise pfsseno t.e
only practicable of adjustment between inem NO
other mode of adjustment can BE- dsusssd and eeeme
me that when the Executive presented the sue1sct %
Congress- il would have been better to recommend some
such pan OF adjustment rather than to leave the con-
ovsrsy indefnely open, and the country without 10v
erumenty VI f&sg .I* 81 III q. &.e
But. sir there is still serious obiectoa % this
course than the failure to recommend specihc octon 10
Congress- The Recommendation il 10 do nothing. II
read the constitution rghtly the duty Of the Exscntivem
to communicate information 10 Congress concerpn4 lne
state of the Unon and to recommend 70 their con9oer-