The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-19
,ctons This seems 10 me TO embrace the whole
WEDNESDAY. JULY II. 1850.


After the reading OF the Journal
0n motion Of Mr.. STRONG. the House went into d
mmitiee OF the Whole the Of the Union, (Nlr
eLAsE In the chair /, and taking up the report from the
knmlttee OF Elections, concerning the application Of
Nugh Smith to be admitted to seat in the hall as the
egats from The Territory OF New Mexico
Mr. BAYLY, who entitled 10 the floor, said be
- not designed participating IN this debate, before hear
the speech OF Mr. NeGAucHEy. That gentleman
IA said that the admission OF Mr. Smith was OF little
Inseque 10 any but himself, as New Mexico would
ION be here, applying Tor admission as State MIR
cGAuGHsY had spoken by authority, representing the
bge party in Congress disposed TO sanction this enor.
~ From the termination of the last Congress until
0w, every step taken IN reference 10 Territories had
sen IN violation OF law and the constitution What
occurred in New Mexico had done much by way Of
3feasng the danger IN which the Union now stands
ls was the work OF the administration. The last Con-
fss, eglmatey controlling the subject had hardly adj
|lrned before the administration set about taking the
jblect from the hands OF this Congress This course
been forced on the administration BY the surepti-
BUS manner IN which II came into power, as Mr. b went
TO show IN the very first movement sending l. ..
~ to Calitornlathe rights OF this hall had heen In
ted the constitution OF the United States and OF Georgia
been fla srantly violated The constitution specif
y iorblds the taking OF Il member OF Congress, and
e,tng hun with federal office OF prot, such as this.
G laws and constitution Of Georgia also forbid either
her members OF Congress from holding a federal
bee in the period Tor which they had been elected.
. This act indeed a direct usurpa,ion.
The orders to the military governor Of California to call
convention were IN violation OF the constitution The
nenl Of Kings expenses, well as OF those Of the
Siornia convention, was wholly unconstitutional, the
4ey having been taken from the treasury without
+rty of law. The ultimate design was 10 bring her
o the Union as State The proviso had been incor-
rated into her constitution only under the belief that
doing was necessary to procure her admission He
not one OF those believing that slavery could not 60
California. Above all countries, it was best suited
that description of labor Mr. b. went on to show.
bid mining was better adapted 10 slave labor than any
her pursuit In the present condition Of things there,
Il a
nes, every slave thus kept out would be equivalent
the exclusion Of one competitor The recent course Of
people OF California with reference TO foreigners had
ZEN dictated only in The same spirit.
MIR b. next turned his attention to New Mexico. and
crbed the character OF the opposition to the act of the
eernment under Mr.. Polk in conferrng civil powers
|time of war Then the democrats acted on the prn
that Congress had failed to make all necessary rules
regulations for the Territory and in the absence Of
legislation, the President, the commander
the army. had the right to make temporary civil gov
How changed now the scene! The last admnistra-
Ia hai been denounced when, as mere measure,
h done. Now the wing party marches boldly up,
kfyng the SIMILAR act of Presden, Taylor done in time
profound peace. New Mexico would soon apply for
mission State. II admitted the act would be one
the greatest outrages known to the history OF Congress
. AsHE (said Mr. b. held that TO admit Smith would
10 iorecose the boundary question. He took higher
und, and held that Congress could not take the first
b likely affect that question MIR. b. here referred TO
lances under thus government wherein there had been
make States l6rrltOFleS OF oil Otner
$es, drawing the history of Vermont, Western
3ansy lvania, and Western North Carolina to make
od this point The history Of hese efforts detailed
considerable length BY MI b., to prove that in cases
such conflict existed in this the general gov
ment had carefully abstained from taking part in the
|ntroversy.
l In forming constitution, New Mexico had assumed
right TO FIX boundaries for herself, overlapping those
|khe old Mexican State of that name Ii admitted
tae, how the controversy between herself and
xas to be decided He did not believe in the doctrine
the Supreme Court had jurisdiction. Judge Marshall
decided that that court had political jurisdiction,
jurisdiction extending only to matters or msum and
wv. 1t had jurisdiction only in cases where could
ny the parties into court and compel them 10 submit to
Judgment Congress had unanimously refused TO pass
kw providing how State might be brought into that
vurt. Even under such law how could the judgment
carried out If this question OF public (vacanD
hds, involving the title OF property, the Supreme Court
kght have jurisdiction but this was only question OF
3isdiction Prior TO the treaty, Mexico had not only
elmed New Mexico, but all of Texas. II the Supreme
part might decide in this case il might also decide that
only title TO Texas was acquired by the treaty OF
adalupe Hidago.
HI New Mexico were admitted, and going with Texas
fore the Supreme Court whereof il were decided that
Rio Grande The boundary-would be the new
|ale Not more than ten thousand savages-PueblO
Iians-woud then be lett the people OF the State of
kw Mexico This proved the folly OF according the
PHI OF jurisdiction IN such cases to the Supreme Court
constitution likes period az that ut winch persons
IRVING senator's and representatives should be citizens
Hiore being eligible TO those offices. Mr. b. then went
prove that there more than 300 persons at
st there, out OF whom the selection OF senators and
Gesentatives could be constitntionally made On the
acler OF the peope-o prove their total unftness Tor
ng citizens OF State OF this Unlonhe sent TO the
etks desk extract from speech OF Mr.. WEBSTER,
lvered two years since. declaring them to be below
Choctaws, the Chickasaws, the Snake. or Black Feet
llans, in flnesss 10 become political equals with us,
also declaring that they would accept any consulu-
N made for them in Washington, without knowing
Zen the meaning OF the word constitution
hald NJ had
3phetic wisdom. Continuing, he quoted Col Harvey.
show that not more than one in three hundred men
bong them had popeuy-hese being squalld, dirty, and
kl-whiie the rest intellectual condition
n the slaves OF the South He did not believe that the
ope would be tit for the duties OF American citizenship
] twenty years
Mr. GARTER. next obtaining the floor. delivered a
eeoh OF the admission oil the applying delegate
argued that Congress treating New Mexico
ly deed in refusing 10 admit her State or to give
a territorial government
MIR. STEPHENS next addressed the committee, urging
at i, was improper TO admit Mr.. Smith as delegate
cause he claimed be the representative OF territory
people alleged by the authorities OF State OF tht
non to be hers.
icy Of the administration Of President Poik, TO prove
at was Justly chargeabe with the present condition
things
Though not jusfyng the territorial policy OF thu
3J ior administration, Mr. 5. held that ON taking Once
at administration had but two aernatives-eIther e
vcognse the governments made by its predecessor "
fionia and New Mexico, or to withdraw them The
fler, he held. would have been the wise and constu.
Pna course but, in choosing the former, President
kylor not chargeable with having originated them
had been urged by MIR. BAyLY
Mr. =. also defended the employment OF Mr.. I. b
Dog from the charge of unconsttu,ionaty, brought
ns, it by Mr. BAYLy, without however. endorsing it,
sdom He held that there danger TO the peace Of
ke country in the proposition TO admit H. NJ Smith as 9
ntoral delegate representing Territory and population
pe alion therefore and for framing such tcrrtorla