JANUARY, 1850.] Election of Clerk. [31ST CONG. 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 incon sistent 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. This is all that I shall say at present. I 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 Thereupon, Messrs. THOMPSON of Pennsyl vania, CROWELL of Ohio, WHITE of New York, and HARALSON of Georgia, resumed their seats at the Clerk's table. The roll was then called; when the tellers reported that 220 votes had been given; necessary to a choice 111; of which Mr. John W. Forney received Mr. Benjamin B. French No choice. 107 94 6 3 220 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. Solomon Foot Mr. Thomas J. Campbell. Mr. C. W. Phileo. Mr. M. St. Clair Clarke 106 Mr. Benjamin B. French Mr. S. L. Gouverneur No choice. 219 94 Mr. Forney received. 13 Mr. Foot 4 Mr. Campbell 2 Mr. M. St. Clair Clarko 1 Mr. Phileo No choice. 221 The 104 103 13 5 4 220 The roll was then called the ninth time. tellers reported that 219 votes had been given in, necessary to a choice 110; of which Mr. Foot 5 Mr. Clarke Mr. French 103 98 7 4 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 the rapid succession of revolutions by which they | mer occasion are requer 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." reported that Mr. The Mr. C. Mr. M 219 220 votes had the seventh oice 111; of 91 107 14 Mr. Gonverge Mr. M. St. Car Ca No choice. Officers of the Horse—Col. NESDAY, Jazzary J. The House again proceeded to vote for me election of a Clerk. Mr. Solomon Foot Mr. C. W. Phileo The roll was then called. Mr. M. St. Clair Clarke Mr. John W. Forney received given; necessary to a choice 110; of which The tellers reported that 219 votes had been Sellers reported that 220 votes had was then again called for the twelfth Cecessary to a choice 111; of 103 105 After reading these extracts, Mr. B. said It was to get rid of the evils of the old Confe eration that the present Union was form and, having formed it, they who forme undertook to make it perpetual, and for purpose had recourse to all the sanctior sacred among men-commands, prob oaths. The States were forbid to fo pacts or agreements with each other stitution and the laws made in purs were declared to be the suprem land; and all authorities, State legislative, executive, and judic sworn to support it. The re have been read contradict General Assembly mistook as much as they mistook th people of Missouri when t This is all that I sha make no objection to th of these resolutions. ent, is to make and se that the General As ments of the people resolutions; secon own powers in dr Mr. ATCHISON' taken to the pr but one word express an o of Missouri, all mankin these resc tained by The 5 96 93 18 3 2 219 106 104 1 213 roll was again called-being the nine- of heads of Departments, which contain all the tive asked for by the resolution. On coming into office I found the military com tory, I thought it best not to disturb that arrange 10. had been given in; necessary to a choice fore did not interfere with the powers of the m tary commandant, who continued to exercise the commandant for his services. motior California and New Mexico. of the Executive, present session, tle difficulty as hese TerritoRKING as [JANUARY, 1850. execution of the the Territories ceded by Mexico as States, it appears probable that similar excitement will prevail to an undue extent. Under these circumstances I thought, and still think, that it was my duty to endeavor to put it in the power of Congress, by the admission of Calirtain offi- fornia and New Mexico as States, to remove all duties occasion for the unnecessary agitation of the pub'etters lic mind. the DEBATES OF CONGRESS, Election of Clerk. 111; of Mr. Phileo Mr. Gouverneur Mr. M. St. Clair Clarko No choice. WEDNESDAY, January 9, Officers of the House --Clerk, The House again proceeded to voto for the 'ection of a Clerk. he roll was then called. *ellers reported that 219 votes had been cessary to a choice 110; of which V. Forney received Foot 4 106 104 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 State. This course on their part, though in acdance with, was not adopted exclusively in conence of any expression of my wishes, inasas measures tending to this end had been A by the officers sent there by my predeA were already in active progress of exre any communication from me reached the proposed constitution shall, when Congress, be found to be in comrequisitions of the Constitution es, I earnestly recommend that nction of Congress. ia not included in the prome, is believed to be uninment of our countrymen ced by the State of Texas on of the most populous disory commonly designated by the Mexico. If the people of New Mexrmed a plan of a State Government for .ritory as ceded by the treaty of Guadalupe igo, 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. application by the people for admission as States, I was ally by an earnest desire to afford and patriotism of Congress the opof avoiding occasions of bitter and angry tons 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 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 Mr. French Mr. Fisher. Mr. Phileo Mr. Foot Mr. John Smith No choice. 216 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. Prindle 112 95 11 2 1 221 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 s dissolution of all political connection between the northern and southern Democracy ought to take place. MONDAY, January 21. California and New Mexico. The SPEAKER then laid before the House the following message: WASHINGTON, January 21, 1850. To the House of Representatives of the United States: I transmit to the House of Representatives, in answer to a resolution of that body, passed on the 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. The roll was called the eighteenth time. Mr. French Mr. Foot Mr. Prindle Mr. Gouverneur No choice. 96 93 18 3 2 1 213 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 there fore did not interfere with the powers of the mili tary 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. |