The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-07

6csrs 10 execute il deny that there are any
Mr. DAVIS, OF Massachusetts, ! VIII put a question
10 the sc nator from California suppose the military OIL
hcers OF the goysrnent had robbed these men, what
nshhhas Cslifena TO the plumber, !.
Mr. GW1N The merchants aia ne, sunei ny oy ~ ~
but il was done in violation OF the lsws OF the country
There was an assuton OF power by the ances OF lhs
country who had right to assume u. ana was dan
Mr. EWING am one of those who have been OF
opinion thai the constitution OF our country was propro
uigors extended over the newly acquired Territories
soon as they were in fact acquired, and that with it,
matter OF course all the genera. aws o. .ne county,
which their nature applied to the whole country were
likewise extended them, III the newly acquired Tern
tories did moi ha the extended Them
once has been DONE there as no mode by which
the leg slaion OF country can extend the constitution
hem II can only be done by aconventon OF the
pie and the actual OF the constitution by the very
power which created The constitution H. therefore, the
constitution did not extend over LOUISIANA Florida. New
Mexico and California propTio ugore by The very Tact OF
our acquing these Territories, 1t does not extend
them at all now Well, if the constitution does ex
tend the country, then does not the very fact
carry over with il that much of the laws. which
universal in their character as the constitution Why,
II necessary that should enact general laws pro-
VIDE that The general laws should extend over the newly
acquired Territory .s..f
know that there was doubt upon this subject in the
of Louisiana. Mr. Jefferson doubted il, and
mended that convention be called settle the Ieson
That recommendation. however, was never adopted. and
the opinions and practice OF the have been
have suggested, settled Tor fifty years, and think il is
revenue laws OF the United States do extend over Cali
forna, far TO forbid the introduction of foreign
merchandise into her ports; and say that those md
vduas who attempted to introduce their goods there
attempting violate the law. Now although there
may have been revenue officers directly appointed to
enforce the law yet the attempt at violation was an le
gal act. And do not IN the opinion that the
military officer who prevented Illegal acl, with
little force was necessary to prevent II, would be
committing violation of law in that prevention think
the military officer or any citizen might have prevented
he anui n
smuggling or violation OF the general laws OF the coun
try. 80. Z.
officer clothed with civil power.
Mr.. EWING. AS my friend says, especially when he
iscothed with civil power Then the case is this The
authorities OF the country who had right to prevent the
introduction of the goods did not prevent it, They
promised. and, owing to the necessities OF the CASE per
mlted the goods to he introduced. They took what was
reasonable and equitable amount OF dutiesthat which
the law notwithstanding. however, with the regular Of
fcers for the collection OF this duty. Now the merchants
in and demand that these duties should be refunded.
saying tina, they collected illegally Il the mer
chants repudate this compromise by which these duties
were received they clearly responsible as snugglers,
and have forfeited their goods and ships by the very at
tempts to introduce these goods illegally into those ports
They come to purpose, then, as can Now do
not with what propriey California and thai district
OF the country can come and CLAIM anything lappears
to be, upon the whole an unfounded claim. Now what
vislbe TO do for California, because have
not done enough for her heretofore, shall be willing TO
do and be liberal as be, and feel entirely salts
it exists do not think there is any just claim right
upon the people TO demand anything shall therefore,
vote against The amendment, but will vote Tor any pro-
vision which will indemnify California far posi-
BILE for the revenue heretofore eceiyedtha kind OF pay
which other Territories have received upon getting INTO
the Union ..
Mr. GWIN. | wish 10 ask the senator from Ohio one
question He says that by the acquisition OF this coun
try the constitution of the United States extended
It, and over New Mexico and the Territories The con-
sttuon of the United States says expressly that judges
pass law here limiting the period 10 four years in Utah
and New Mexico, Now, if the constitution of the Uni.
ted States extends these Territories can we APP
point judges there with limited tenure -..
MIR. EWING. That is subject which have al
ready considered and discussed, think, in secret
session. contendng, as do now, that we have right
TO limit the term OF the Judge whom we appoint in the
Terrtory-,hat he holds by virtue Of the constitution
during lie, or till the Territory, the object TO which his
office attaches, ceases to exist as Territory. con-
tended for this nearly twenty years ago, and have not
changed my opinion on the subject
Mr. GWlN. The senator's opinion is consistent, bu,
his opinion is in direct conflict with the uniform prac.
lice OF the government | ask for the yeas and nays
upon the question.
The yeas and nays were ordered.
Mr. BUTLER This has been some measure the
subject OF consideration by The whole Senate, and was
very much discussed al one time | OF those
who maintain that there has been period, from the
time California and New Mexico were acquired. that
there not government them. In Great Brit
ain the process would be this As long as the military
force in the country conquered by Great Britain. the
signed, II would be transferred under the terms OF the
treaty; the prerogative OF the Crows would obtain
I'll Parliament assumed jurisdiction by her laws But
always, IN the countries conqueed by Great Britain, the
laws OF Great Britain invest somebody with the right 10
exercise authority over them, And will not permit
myself TO believe that in this country something like the
same process TO be observed Therefore, before
the treaty, the government in California the govern
men OF the sword after the treaty. the treaty itself pre-
vailed, and that very treaty carries with II the DONNA
ton OF a constitution, And, sir under that constitution
there must be somebody 10 exercise authority lawfully
The condition oil California an incident 10 all gov.
ernments OF that kind II incident OF the transfer
nation from kind oil governmen nj to another main
tain that these duties, though rregulay collected, were
collected IN resulting from the nature OF
government. and think is very strange thing TO say
that California has been without government
The only time she has been without government has
been when she usuped authority without the previous
consent Of Congress That IS my opinion.
OF which the senator from South Carolina speaks, that
think we have had no proper government, until we were
admitted into the Union since the ueaiy OF peace,
Mr. BORLAND. 1 desire not so much 10 discuss this
bill as TO call attention TO one very important principle
which was very happy TO hear laid down, considering
the from which II came We well recollect that
during the session OF Congress before the last the ques
lion discussed whether the constitution aud laws OF
The United States, propr,o Ugof extended INTO the tern
tory acquired not On side II contended that
they did not, and that IL necessary to pass special
act Of Congress for giving them that extension On the
other side contended that they did extend from
the moment The Territory acquired. am happy 10
find that gentlemen belonging TO tine other side, who have
senuousy indicated the negative, up and
as strenuousy advocate the Affirmative.
The question then taken, with the following re-
suit, t#
YEAS-Mr..rs h,chi.on, Cas- Dickinson Dodge of Wis
oonsn, Dodge OF Town, Downs Fetch, Gwin jones' Mao
gum, Rsntoui and Soule-I2
Az - Rod Ira AIkrtn Rail- RAFFtan uax nj