Abbildungen der Seite
PDF
EPUB

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. Thomas J. Campbell
Mr. C. W. Phileo
Mr. Nathan Sargent
Mr. Solomon Foot

Mr. Benjamin B. French
Mr. John H. C. Mudd
Mr. D. W. C. Clark
Mr. P. B. Prindle

No choice.

[ocr errors]
[ocr errors]

107 94

6

3

220

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

[blocks in formation]

106

Mr. Benjamin B. French Mr. S. L. Gouverneur

No choice.

[ocr errors]

219

[blocks in formation]

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

[merged small][merged small][ocr errors][merged small][merged small]
[blocks in formation]
[merged small][ocr errors][merged small][merged small]

Mr. Foot

5

Mr. Clarke

Mr. French

[blocks in formation]

103

98

7

4

Mr. M. St. Clair Clarke'

No choice.

[merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small]

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

[blocks in formation]

the rapid succession of revolutions by which they | mer occasion are requer
were kept continually vibrating between the ex-seats at the Clerk's tabl
tremes of tyranny and anarchy. From the disor- Thereupon, Messrs.
ders which disfigure the annals of those republics, vania, CROWELL of O'
the advocates of despotism have drawn arguments, and HARALSON of G
not only against the forms of republican govern- at the Clerk's tabl
ment, but against the very principles of civil liberty.
The roll was
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."

reported that
necessary to r
Mr. John.

Mr. The

Mr. C.
Mr. 3.

Mr.

M

[ocr errors]
[merged small][ocr errors]

219

220 votes had

the seventh

oice 111; of

91

107

14

[ocr errors]

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
Benjamin B. French
L. Gouverneur .

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

[merged small][merged small][ocr errors]

96

93

18

3

2

219

106

104

[merged small][ocr errors][merged small][merged small]

1

213

roll was again called-being the nine-
time. The tellers reported that 218

of heads of Departments, which contain all the
official information in the possession of the Execu-

tive asked for by the resolution.

On coming into office I found the military com
mandant 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 Gua
dalupe Hidalgo without the aid of any legislative
provision establishing a Government in that Terri

tory, I thought it best not to disturb that arrange
ment, made under my predecessor, until Congress
should take some action on that subject. I there

10. had been given in; necessary to a choice fore did not interfere with the powers of the m

[merged small][merged small][merged small][ocr errors][merged small]

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.

motior

[blocks in formation]
[ocr errors]

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.

[graphic]

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

[ocr errors]
[merged small][ocr errors][merged small][merged small][merged small][merged small]

4

106

104

[merged small][merged small][ocr errors]

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

[blocks in formation]

Mr. French

Mr. Fisher.

Mr. Phileo

Mr. Foot

Mr. John Smith

No choice.

[ocr errors]

216

[blocks in formation]
[merged small][ocr errors][merged small][merged small]

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

[ocr errors]

Mr. Campbell received
Mr. Forney
Mr. French
Mr. Foot

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.
The tellers reported that 213 votes had been
given in; necessary to a choice 107; of which-31st
Mr. Campbell received
Mr. Forney

Mr. French

Mr. Foot

Mr. Prindle

Mr. Gouverneur

No choice.

96

93

18

3

2

1

213

[merged small][merged small][ocr errors][ocr errors][merged small][merged small]

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.

« ZurückWeiter »