1ST SESS.] Missouri Resolutions on Slavery. [JANUARY, 1850. It is evident there is no process of a court by which their observance of the laws can, in the last resort, be enforced. Sentences may be denounced against them for violations of their duty; but these sentences can only be carried into execution by the thority is confined to the collective bodies of the laws must involve a state of war, and military execommunities that compose it, every breach of the cution must become the only instrument of civil obedience. Such a state of things can certainly not deserve the name of government, nor would any prudent man choose to commit his happiness to it." peared and disappeared in the history of nations. Anarchy among the members, and not tyranny in the head, has been the rock on which all such confederacies have split. The authors of our present form of government knew the danger of this rock, and they endeav-sword. In an association where the general auored to provide against it. They formed a Union-not a league-a Federal Legislature to act upon persons, not upon States; and they provided peaceful remedies for all the questions which could arise between the people and the Government. They provided a Federal judiciary to execute the Federal laws when found to be constitutional, and popular elections to repeal them when found to be bad. They formed a government in which that law and the popular will, and not the sword, was to decide questions; and they looked upon the first resort to the sword for the decision of such questions as the death of the Union. I Of the certain destruction of the Union when the sword is once drawn between the members of a Union and their head, they speak thus: "When the sword is once drawn, the passions of men observe no bounds of moderation. The suggestions of wounded pride, the instigations of irritated resentment, would be apt to carry the States, against which the arms of the Union were exerted, to any extremes necessary to avenge the affront, or to avoid the disgrace of submission. The first war of this kind would probably terminate in a dissolution of the Union." Of the advantage and facility of the working of the Federal system, and its peaceful, efficient, and harmonious operation-if the Federal laws are made to operate upon citizens, and not upon States-they speak in these terins: The old Confederation was a league, with a legislature acting upon sovereignties, without power to enforce its decrees, and without union except at the will of the parties. It was powerless for government, and a rope of sand for union. It was to escape from that helpless and tottering government that the present Constitution was formed; and no less than ten numbers of the Federalist-from the tenth to the twentieth-were devoted to the defects of the old system, and the necessity of the new one. will read some extracts from these numbers, the joint product of Hamilton and Madison, to show the difference between the league which Government should not require the intervention we abandoned and the Union which we formed of the State Legislatures; if they were to pass into -the dangers of the former and the benefits of the particular governments could not interrupt their immediate operation upon the citizens themselves, the latter that it may be seen that the resolutions of the General Assembly of Missouri, if progress without an open and violent exertion of unconstitutional power. They would be obliged to carried out to their conclusions, carry back this act, and in such manner as would leave no doubt Union to the league of the Confederation-that they had encroached on the national rights. make it a rope of sand, and the sword the arbiter between the federal head and its members. Mr. B. then read as follows: "The great and radical vice, in the structure of the existing Confederation, is in the principle of legislation for States or Governments, in their corporate or collective capacities, and as contradistinguished from the individuals of which they consist. Though this principle does not run through all the powers delegated to the Union, yet it pervades and governs those on which the efficacy of the rest depends. The consequence of this is, that, though in theory constitutionally binding on the members of the Union, yet in practice they are mere recommendations, which the States observe or disregard at their option. Government implies the power of making laws. It is essential to the idea of a law that it be attended with a sanction, or, in other words, a penalty or punishment for disobedience. This penalty, whatever it may be, can only be inflicted in two ways-by the agency of the courts and ministers of justice, or by military force; by the coercion of the magistracy, or by the coercion of arms. The first kind can evidently apply only to man; the last kind must of necessity be employed against bodies politic, or communities, or States. "But if the execution of the laws of the National An experiment of this nature would always be hazardous in the face of a constitution in any degree competent to its own defence, and of a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority. The success of it would require not merely a factious majority in the Legislature, but the concur rence of the courts of justice, and of the body of the people. If the judges were not embarked in a conspiracy with the Legislature, they would pronounce the resolutions of such a majority to be contrary to the supreme law of the land, unconstitutional and void. If the people were not tainted with the spirit of their State representatives, they, as the natural guardians of the Constitution, would throw their weight into the national scale, and give it a decided preponderance in the contest." Of the ruinons effects of these civil wars among the members of a Republican Confederacy, and their disastrous influence upon the cause of civil liberty itself throughout the world, they thus speak: "It is impossible to read the history of the petty republics of Greece and Italy, without feeling sensations of disgust and horror at the distractions with which they were continually agitated, and at [31ST CONG. Thereupon, Messrs. THOMPSON of Pennsylvania, CROWELL of Ohio, WHITE of New York, and HARALSON of Georgia, resumed their seats at the Clerk's table. the rapid succession of revolutions by which they | mer occasion are requested to resume their were kept continually vibrating between the ex- seats at the Clerk's table. tremes of tyranny and anarchy. From the disorders which disfigure the annals of those republics, the advocates of despotism have drawn arguments, not only against the forms of republican government, but against the very principles of civil liberty. They have decreed all free government as inconsistent with the order of society, and have indulged themselves in malicious exultation over its friends and partisans." And again they say: "It must carry its agency to the persons of the citizens. It must stand in need of no intermediate legislation; but must itself be empowered to employ the arm of the ordinary magistrate to execute its own resolutions. The majesty of the national authority must be manifested through the medium of the courts of justice." After reading these extracts, Mr. B. said: It was to get rid of the evils of the old Confederation that the present Union was formed; and, having formed it, they who formed it undertook to make it perpetual, and for that purpose had recourse to all the sanctions held sacred among men-commands, prohibitions, oaths. The States were forbid to form compacts or agreements with each other; the constitution and the laws made in pursuance of it, were declared to be the supreme law of the land; and all authorities, State and Federal, legislative, executive, and judicial, were to be sworn to support it. The resolutions which have been read contradict all this, and the General Assembly mistook their own powers as much as they mistook the sentiments of the people of Missouri when they adopted them. I This is all that I shall say at present. make no objection to the reception or printing of these resolutions. My only object, at present, is to make and save the two points: first, that the General Assembly mistook the sentiments of the people of Missouri in adopting these resolutions; secondly, that they mistook their own powers in doing so. Mr. ATCHISON. As no objection has been taken to the printing of the resolutions, I have but one word to say; and that is merely to express an opinion that the people of the State of Missouri, when the time arrives, will prove to all mankind that every sentiment contained in these resolutions from first to last will be sustained by them. The question then being taken upon the motion to print, it was agreed to. HOUSE OF REPRESENTATIVES. MONDAY, January 7. Officers of the House-Clerk. The SPEAKER. The regular business is the execution of the order heretofore adopted by the House, in relation to the election of officers. The gentlemen appointed as tellers on a for . 107 94 6 The roll was then called; when the tellers No choice. 220 107 The roll was called the fourth time; the No choice. 95 6 5 3 2 1 219 219 TUESDAY, January 8. The Journal of yesterday was read and approved. Mr. GENTRY, of Tennessee, appeared, was qualified, and took his seat. Officers of the House-Clerk. The SPEAKER. The regular business is the execution of the order heretofore adopted by the House, in relation to the election of officers. The gentlemen appointed as tellers on a former occasion are requested to resume their seats at the Clerk's table. The roll was then called-being the eighth time; when the tellers reported that 221 votes had been given; necessary to a choice 111; of which Mr. John W. Forney received Mr. Thomas J. Campbell. Mr. C. W. Phileo. Mr. M. St. Clair Clarke Mr. Benjamin B. French Mr. S. L. Gouverneur No choice. 106 94 13 Mr. Foot 4 Mr. Campbell 2 Mr. M. St. Clair Clarko 104 103 13 5 Mr. Benjamin B. French Mr. P. B. Prindle No choice. 220 teenth time. The tellers reported that 217 votes The roll was again called-being the fourhad been given in; necessary to a choice 109; of which Mr. Forney received 105 93 13 Mr. Foot 5 Mr. Clarke Mr. French 1 Mr. Phileo 1 1 Mr. Prindle. No choice. 219 103 98 7 Mr. M. St. Clair Clarke No choice. 217 The roll was called the fifteenth time. The tellers reported that 215 votes had been given in; necessary to a choice 108; of which [31ST CONG. 3 2 218 The roll was again called, for the twentieth time. The tellers reported that 221 votes had been given in; necessary to a choice 111; of which Mr. Campbell received Mr. Forney Mr. French Mr. Foot Mr. Prindle 112 95 11 2 1 221 Mr. Foot Mr. John Smith No choice. 7 216 Messrs. ORR, WALLACE, CROWELL, and EWING, changed their votes before the result was announced, remarking that they did so with a view to put an end to this protracted controversy. Other members also changed their votes. Mr. CAMPBELL having received a majority of all the votes, was declared to be duly elected Clerk of this House for the Thirty-first Congress. There was some applause, which was promptly checked by the SPEAKER. Mr. CAMPBELL was then sworn. Mr. WooD said, he was extremely gratified that the southern Democrats had shown their true principles and position in the result of the last ballot; that he felt relieved; and that a dissolution of all political connection between the northern and southern Democracy ought to take place. I transmit to the House of Representatives, in answer to a resolution of that body, passed on the given in; necessary to a choice 107; of which-31st of December last, the accompanying reports of heads of Departments, which contain all the official information in the possession of the Executive asked for by the resolution. On coming into office I found the military commandant of the department of California exercising the functions of civil governor in that Territory, and left, as I was, to act under the treaty of Guadalupe Hidalgo without the aid of any legislative provision establishing a Government in that Territory, I thought it best not to disturb that arrangement, made under my predecessor, until Congress should take some action on that subject. I therefore did not interfere with the powers of the military commandant, who continued to exercise the functions of civil governor, as before; but I made no such appointment, conferred no such authority, and have allowed no increased compensation to the commandant for his services. 1ST SESS.] California and New Mexico. (JANUARY, 1850. With a view to the faithful execution of the the Territories ceded by Mexico as States, it aptreaty, so far as lay in the power of the Executive, pears probable that similar excitement will prevail and to enable Congress to act at the present session, to an undue extent. with as full knowledge and as little difficulty as Under these circumstances I thought, and still possible on all matters of interest in these Territo- think, that it was my duty to endeavor to put it in ries, I sent the Hon. THOMAS BUTLER KING as the power of Congress, by the admission of Calibearer of despatches to California, and certain offi-fornia and New Mexico as States, to remove all cers to California and New Mexico, whose duties occasion for the unnecessary agitation of the pubare particularly defined in the accompanying letters lic mind. of instruction addressed to them severally by the proper Departments. I did not hesitate to express to the people of those Territories my desire that each Territory should, if prepared to comply with the requisitions of the Constitution of the United States, form a plan of a State constitution, and submit the same to Congress, with a prayer for admission into the Union as a State, but I did not anticipate, suggest, or authorize, the establishment of any such government without the assent of Congress, nor did I authorize any Government agent or officer to interfere with or exercise any influence or control over the election of Delegates, or over any Convention, in making or modifying their domestic institutions, or any of the provisions of their proposed constitution. On the contrary, the instructions given by my orders were, that all measures of domestic policy adopted by the people of California, must originate solely with themselves; that while the Executive of the United States was desirous to protect them in the formation of any Government republican in its character, to be at the proper time submitted to Congress, yet it was to be distinctly understood that the plan of such a Government must at the same time be the result of their own deliberate choice, and originate with themselves, without the interference of the Executive. I am unable to give any information as to laws passed by any supposed Government in California, or of any census taken in either of the territories mentioned in the resolution, as I have no information on those subjects. As already stated, I have not disturbed the arrangements which I found had existed under my predecessor. In advising an early application by the people of these Territories for admission as States, I was actuated principally by an earnest desire to afford to the wisdom and patriotism of Congress the opportunity of avoiding occasions of bitter and angry dissensions among the people of the United States. Under the constitution, every State has the right of establishing, and from time to time, altering its municipal laws and domestic institutions, independently of every other State and of the General Government, subject only to the prohibitions and guarantees expressly set forth in the Constitution of the United States. The subjects thus left exclusively to the respective States, were not designed or expected to become topics of national agitation. Still, as under the constitution, Congress has power to make all needful rules and regulations respecting the Territories of the United States, every new acquisition of Territory has led to discussions on the question, whether the system of involuntary servitude which prevails in many of the States should or should not be prohibited in that Territory. The periods of excitement from this cause, which have heretofore occurred, have been safely passed; but during the interval, of whatever length, which may elapse before the admission of VOL. XVI.-25 It is understood that the people of the western part of California have formed a plan of a State constitution and will soon submit the same to the judgment of Congress and apply for admission as a State. This course on their part, though in accordance with, was not adopted exclusively in consequence of any expression of my wishes, inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor, and were already in active progress of execution before any communication from me reached California. If the proposed constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the Constitution of the United States, I earnestly recommend that it may receive the sanction of Congress. The part of California not included in the proposed State of that name, is believed to be unin habited, except in a settlement of our countrymen in the vicinity of Salt Lake. A claim has been advanced by the State of Texas to a very large portion of the most populous district of the Territory commonly designated by the name of New Mexico. If the people of New Mexico had formed a plan of a State Government for that Territory as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our constitution would have afforded the means of obtaining an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Congress to devise some mode for its adjustment. Meanwhile I submit to Congress the question, whether it would be expedient before such adjustment to establish a Territorial Government, which, by including the district so claimed, would practically decide the question adversely to the State of Texas, or by excluding it, would decide it in her favor. In my opinion such a course would not be expedient, especially as the people of this Territory still enjoy the benefit and protection of their municipal laws, originally derived from Mexico, and have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better protected than they ever were before the treaty of cession. Should Congress, when California shall present herself for incorporation into the Union, annex a condition to her admission as a State affecting her domestic institutions contrary to the wishes of her people, and even compel her temporarily to comply with it, yet the State could change her constitution at any time after admission, when to her it should seem expedient. Any attempt to deny to the people of the State the right of self-government in a matter which peculiarly affects themselves will infallibly be regarded by them as an invasion of their rights; and, upon the principles laid down in our own Declaration of Independence, they will certainly be sustained by the great mass of the Amer |