y it was this, and this ly-threatened intervenE Europe to enforce on in the affairs of Spain tinental system-" leto that, and confined ow by a very few his

hreatened? The first vert to on that point, Mr. Brougham, in the 24, referring to the po=tion in the preceding

ed to state, as an indispubeen promised by the Emng of Spain would throw which he was trammeled, ering his transatlantic do

1. had been restored to e allied Powers. Fere family of Bourbons, was true; but he was nal Cortes, who had he Spanish monarchy esentative government. marched one hundred o set him free. The pon his allies to come wwere going on; notes anged, as the diploshows, between the ris and the EmbassaPowers at that Court; which was to bring llied Powers, to take ition of the Spanish egitimate rule both at rica. Mr. Brougham mised by the Emperor hat the King of Spain constitutional governng told Mr. Rush, as urse of the conversaeen them on the subthat " he had received in projection by the to the affairs of Spanhe French succeeded against Spain.” well that the occasion every reason to believe Europe would rally Dose of resubjugating ew, not only that she ut that she must resist istance was made, she with the whole conti

the invitation which Rush. The latter as=which England was pt-a previous recogf the Republics-and as a matter of course, to his Government. at the interview spoken in August, 1823. In Monroe made his anress, which contained been so often quoted. e shall find, on looking e in the most circumnd confined to a single to have been weighed, sly guarded. Here is

or, and to the amicable reed States and those Powwider any attempts on their any portion of this hemiand safety."

to any portion of this m? Why, the system Continental Europe -the system which rete throne, and which nother to protect each legitimate. That is casion presently more

tested. Again, in a further paragraph, the mes-
sage proceeds:

"With the existing colonies or dependencies of any Eu-
ropean Power we have not interfered, and shall not inter-
fere. But with the Governments who have declared their
independence, and maintained it, and whose independence
we have, on great consideration and on just principles,
acknowledged, we could not view any interposition for the
purpose of oppressing them, or controlling in any other
manner their destiny, by any European Power, in any other
light than as the manifestation of an unfriendly disposition
towards the United States."

He then went on to speak of our policy in regard to Europe. It was one of disconnection and alienation. He referred to the system of the allied Powers on the continent of Europe, and concludes as follows:

"But in regard to these continents, circumstances are eminently and conspicuously different. It is impossible that the allied Powers should extend their political system to any portion of either continent, without endangering our peace and happiness; nor can any one believe that our southern brethren, if left to themselves, would adopt it of their own accord.

"It is equally impossible, therefore, that we should behold such interposition in any form with indifference."

SENATE.

"The question with regard to South America," said Mr. Brougham, "was now, he believed, disposed of, or nearly so; for an event had recently happened, than which no event had ever dispersed greater joy, exultation, and gratitude over all the free men of Europe: that event, which was decisive on the subject, was the language held with respect to Spanish America in the speech, or message of the President of the United States to Congress."

I shall not detain the Senate longer. All that I desired to do was to show, first, that there was nothing to be found in the history of this occasion showing any departure from the established policy of this Government to refrain from all foreign alliances whatever; secondly, that the declaration of Mr. Monroe was guarded in its terms, and was designedly confined to the occasion then existing -the apprehension that the Powers of Europe would endeavor to establish their "continental system" upon the continent of America.

I had a further object: to call upon the Senate and the country to prevent injustice to the memory of the great departed statesman whose act it wasimport and its true meaning. You may establish to disclaim extending his language beyond its true a principle, if you please, that European Powers shall not be permitted to do this, that, or the other, principle, and not as Mr. Monroe's. The act of on this continent; but establish it as your own Mr. Monroe was confined to a single object: the prevention of the intervention of the allied Powers Spain on this continent, because their revolt was of Europe to restore the colonial possessions of in violation of their established dogma of the legit

As I read this matter, the true history of the oc-
casion was this: There was imminent reason to
believe that the Powers of Continental Europe
would come to the aid of Spain to resubjugate her
colonies in South America, then independent, and
admitted to be so by the United States. England,
conscious that when the time came, a necessity
would be imposed upon her to interpose, had not
yet interposed. The United States had acknowl-imacy of Kings.
edged the independence of the South American
Governments, in 1822; England had not yet done
so in August, 1823, when the conversation from
which I have read took place between Mr. Rush
and Mr. Canning; and when Mr. Rush pressed
it upon England as a preliminary to the proposed
union, that England should recognize their inde-
pendence, the matter was waived on the part of the
British Secretary, and the whole affair was com-
municated to the Government of the United States
by our Minister.

What followed? The Government of the Uni-
ted States took that step singly, which it had been
proposed on the part of the British Government
that the two Governments should take jointly.
It was a declaration made against the purpose, on
the part of the allied Powers, to bring their "polit-
ical system" to this continent. It was narrowed
and confined to that, and that alone. Did it have
its effect? will tell you what followed.

In December, 1823, as I find in looking at the political history of the day, a formal request was made by the Government of Spain to certain of the allied Powers, to carry into execution that purpose against which the protest of Mr. Monroe was directed-a request to those Powers that they would aid Spain in reëstablishing her legitimate authority over the revolted colonies of Spanish America. Here it is. It is a letter from the Prime Minister of the King of Spain to his Majesty's Ministers at Paris, St. Petersburgh, and Vienna, dated December 26, 1823, in these words:

"His Majesty, confiding in the sentiments of his allies, hopes that they will assist him in accomplishing the worthy object of upholding the principles of ORDER and LEGITIMACY, the subversion of which, once commenced in America, would presently communicate to Europe; and that they will aid him, at the same time, in reëstablishing peace between this division of the globe and its colonies."

The invitation was based upon a mutual recognition by those sovereigns of a concerted duty to acknowledge no Governments but such as were based on hereditary and legitimate descent. So far, the obligations of this alliance had been confined to the continent of Europe. With its operation there Mr. Monroe disclaimed all purpose of interference, but protested against its extension to either continent of America, as "the manifestation of an unfriendly disposition towards the United States," and "dangerous to our peace and safety."

The

There can be no doubt that if the United States had not, by the message of Mr. Monroe, in December, 1823, made such a declaration, England would have been driven to do from necessity what people of England would never have permitted the United States had done from choice. their Government to stand by indifferently and see the continental policy established between ica. But the fact remains, that the United States Spain and her colonies on the continent of Amerwent into it alone and in advance.

The invitation of the 26th of December, 1823, given by the Spanish Minister to the various European Powers to come to the rescue of Spain, was of course made known to England, though the invitation was not addressed to her. It was understood that there was to be this meeting of the allied Powers upon the continent of Europe, to which England was not invited; but when it came to her knowledge, Mr. Canning immediately gave them to understand that such an act on the lowed by a recognition of the independence of part of the allied Powers would be instantly folSouth America on the part of England.

All that I have wished to attain on this subject is to show that the doctrines of Mr. Monroe, adverted to by the honorable Senator from Michigan, and embraced in his resolution, was confined to a single issue, and that issue was the intervention of the allied Powers of Europe between Spain and her colonies, in order to establish their continental system; and to insist, as I do insist, that, taking it as the doctrine of Mr. Monroe, we cannot extend it one hair's breadth beyond that. We may establish a new doctrine if we please, but that will not be the Monroe doctrine.

In the same message of 1823, Mr. Monroe declared, as an additional policy by this Government, that the American continents were not, thereafter, to be considered as fit subjects for European colonization. I do not mean to go into that now. It is true that enunciation was made in the same message of 1823, but it was connected with a different matter, and asserted in a different manner. I do not mean to go into that now, though I shall probably have occasion to do so some time before the debate closes.

Mr. CASS. I shall detain the Senate but a very short time. As Mr. Polk said, for a quarter of a century down to his day-and that is now some years since-the doctrine of Mr. Monroe had been distinctly understood by the American peo

That message effected its object. It averted the threatened interposition; and in proof of it we have, first, the broad fact that they never did in-ple, I thought it was a historical fact which had terpose, that the invitation of Spain was declined. The allied Powers never came to her aid. We have, secondly, the high testimony borne to the fact by Mr. Brougham in the British House of

Commong in the

never been doubted, as far as I recollect, that Mr. Monroe protested against the recolonization of any portion of the American continents by any of the European Powers. They expressly excluded

Colonization in North America-Messrs. Soulé and Dixon.

onorable Senator said

to this doubtful question, this point is argued, the n of the Clayton and Bul

h Great Britain claims to ritish Honduras."

with the amendment of the Senator from New
Hampshire, be referred to the Committee on
Foreign Relations, with the instructions which
have been read to the Senate.

Mr. SOULE. I now renew the motion, Mr.
President, if it be the pleasure of the Senate, that
the further consideration of this subject be post-
poned until Tuesday next, at which time I wish
to avail myself of the indulgence of the Senate, to
make some remarks upon the question.
The motion was agreed to.

AFFAIRS OF NEW MEXICO.

SPEECH OF MR. WEIGHTMAN,
OF NEW MEXICO,

IN THE HOUSE OF REPRESENTATIVES,
January 10, 1853,

In the Committee of the Whole on the state of
the Union, in regard to the censure conveyed
by the Report of the Secretary of War upon the
People of New Mexico.

Mr. WEIGHTMAN said:

Ho. OF REPS.

pointed, I intended no speech on that account.
reflected, that there sits in the Cabinet of the Pres-
ident an honorable gentleman, a citizen of Louisi-
ana, whose people are of “a different race speak-
ing a different language," and while he was silent,
well might I be. This gentleman has been hon-
ored by the people of his district with a seat in
this body. They confided to him the care of their
interests, and the protection of their honor. The
people of Louisiana, in their sovereign capacity
as a State, honored him with a seat in the Senate.
They confided to him the maintenance of the dig-
nity of that State, and the protection of its honor.
If he could retain his seat in the Cabinet of a
President, who would not on his demand expunge
a passage disrespectful, if not insulting to the
"different race speaking a different language,"
who had honored him with their confidence, I
might hold my peace.

A day or two afterwards, we read in the papers
the official report of the honorable gentleman to
whom I have alluded, the Secretary of War.
From this report I read an extract:

"What policy, however, it may be deemed proper to adopt in reference to the Indian tribes of Texas, California, and Oregon, is a question only of humanity or of temporary policy, as a period cannot be very remote when they will be swept before the resistless tide of emigration, which continually flows towards those countries.

"The case is different with regard to New Mexico. That Territory is so remote and inaccessible, and holds out so little inducement to emigration, that the struggle between the two races is destined, in all probability, to continue there long after it shall have ceased in every portion of the continent.

"By the last census, the total population of New Mexico, exclusive of wild Indians, is (in round numbers) sixty-one thousand souls; and its whole real estate is estimated at

(in round numbers) $2,700,000.

No one, Mr. Chairman, can regret more than I do that New Mexico has not an abler advocate than myself upon this floor. I regret that her Delegate is not a man experienced in parliamentary debate, and gifted with eloquence. New Mexico needs, but has not, such a man for her 3 do with any pretension, champion. Of this, no one is more sensible than myself. A plain story, plainly told, is all that I can offer. I feel that a duty devolves upon me, and I shrink not from its performance. In the President's message which was: on the first day of the session, occurs the following passage. After speaking of the invitation which France stationed in New Mexico would be available for the protec and England tendered to the United States to enter into a tripartite convention, in virtue of which the three Powers should severally and collectively, now and for the future, disclaim all intentions to obtain possession of the Island of Cuba, and his

istinguished Senator debate, to concur fully been expressed and he Senators to whom 3 treaty had been vioof the action of the

very face of this treaty, tblish a colony called the

Senator meant to be it the treaty had been

he language, "in the

t by the British Govnds; and if this was t?

he honorable Senator estion? It is clearly ies at the Balize who to a colony have done y. But we have no tion on that subject. he case: The act of vowed by the British on is, it will be disaby our Government. e may be, perhaps, regard to our action. h Government recogin the Balize, it is a

ncur, Mr. President, enator from Illinois, sh Government may ot yet done so. The pressed it as his opinen violated; and the Ir. Downs] has extreaty has been vioator from Michigan ed the same opinion. information in regard y from the President roper that a reference be made to the Comthat they may inquire report to the Senate inion, the treaty has

was read

refusal to enter into such a convention because he

thought the proposed measure of doubtful consti-
tutionality, impolitic and unavailing, the President
proceeds:

"I have, however, in common with several of my pre-
decessors, directed the Ministers of France and England to
be assured that the United States entertain no designs
against Cuba; but that, on the contrary, I should regard its
incorporation into the Union at the present time as fraught
with serious peril.

It

"Were this island comparatively destitute of inhabitants, or occupied by a kindred race, I should regard it, if voluntarily ceded by Spain, as a most desirable acquisition. But, under existing circumstances, I should look upon its incorporation into our Union as a very hazardous measure. would bring into the Confederacy a population of a different national stock, speaking a different language, and not likely to harmonize with the other members. It would probably affect in a prejudicial manner the industrial interests of the South; and it might revive those conflicts of opinion between the different sections of the country, which lately shook the Union to its center, and which have been so happily compromised."

On the same day on which was read the message, and soon after its reading, I obtained the floor and made the proposition that five thousand copies of the message should be printed in the Spanish language. In my remarks in support of that proposition, I took occasion to express my dissent from the view of the President, that differences of race, or differences of language, or any other sort of differences, were detrimental to us as a people. I urged that diverseness was the centrifugal force in our Government which maintained the rights and authority of the States, and homogeneousness, which the President deemed so desirable, was the || centripetal force which tended towards consolidation, and I then repudiated for myself the idea that this Government is capable of making happy but one race of people.

I did not then, hearing the message for the first time read by the Clerk of the House, perceive the

"To protect this small population, we are compelled to maintain a large military force, at an annual expense nearly equal to one half the value of the whole real estate of the Territory. Would it not be better to induce the inhabitants to abandon a country which seems hardly fit for the habitation of civilized man, by remunerating them for their property in money, or in lands situated in more favored regions? Even if the Government paid for the property quintuple its value, it would still, merely on the score of economy, be largely the gainer by the transaction, and the troops now tion of other portions of our own, and the Mexican territory,"

When the portion of the documents accompanying the message I have just read came to my knowledge, I determined that it was my duty to make a speech. The substantial interests of my constituents, indeed their very identity, was in

volved in this executive recommendation.

Though there was food for indignation in this proposition, that feeling was swallowed up in the ridicule and contempt with which it has been received in all quarters and from all parties. Indignation merged in the ridiculous. I say, however, there was food for indignation in this recommendation. If it could be carried out, what a spectacle should we see!

Passing by the preparation for departure, with the tears of bitterness and sobs that rend the heart, let us be witnesses of the exodus of the people of New Mexico. Behold the multitude! The rich, in their carriages; others in wagons and carts. See the domestic animals-the flocks and herds, the sheep and goats. The shepherd dogs are there, leading and protecting their charge. But the poor -let me direct your attention to the poor. The patient ass bears his part in the mournful procession. On this patient beast are laden the aged poor-the gray-haired widow and the man bowed with years; the mother, with child in arms, the sick, the lame, the halt, and the blind. No one in all that multitude has forgotten to bring with him his crucifix and his rosary, or his images, remembrancers of the Saviour, the Virgin, and the saints. Few are without some memento of their homes-mayhap a fragment of the cross which stands in the Campo Santo, where lie buried their fathers for two hundred years.

While this vast multitude pause on an eminence, to take a last lingering look at the land they are to behold no more forever, what is it we see? The uniform of the American army! There are the dragoons, their sabers flashing in the rays of the setting sun; the serried infantry, with their

hristling havonets. the artillery troone with thai

s, it would not be The people of limits, carefully as they crossed that it is not nethis matter. Inthe ridicule with eceived in all sec

en I became posort of the Secreintended, in that Louisiana statesppulation of the the Mississippi gment, we have m the head of ed river, whose -ction of El Paso nded to display in thwarting the , on the line he es, more effectuevent the inroads r, Mexico.

zo submit the reart of the docuof the President

the Department nth military deMexico, I find a of having read

E, May 27, 1852.

consider it certain ll be made, in the ater; that the peo

to bear this heavy ne slightest return, ering the condition m to be a question

ing project :
ion to the Govern
vards the Mexican

Affairs of New Mexico-Mr. Weightman.

fficers, and let the conduct their Goveral supervision of ume a similar form civil government, nor. This change and I believe they Fer to ask for any he same appropria"erritories. There h or two, but these are very harmless

,

and exertions in country, as we do to us; and there I this outlay-not eople; for this disOre idle and worthnge for the better. y will be precisely an inducement for se example would enturers, and the mple is rather per

The Government of re without the aid ing virtually a mile is an intelligent present time, fully this civil governfor want of powcity and want of ve, from want of nstitutions, and an uch so, that they subsist prisoners, e running at large. based and totally s no latent quality spectable. They in some respects e not as honest or he lower classes; respectable famiother official perpopulation, owing e is a tribe of In bandoned in their at majority of this

was, no doubt, . As a conquered sus; but so long they had nothing content to stifle e to subsist them, mem to pass their

print of his wonderful ability and genius, as in-
effaceably as the tracks of men in the hard rock
made in ages passed away-Burke said he knew
not how to draw an indictment against a whole

time in idleness and vice; but that little they must have,
and there is no way they can get it. The truth is, the only
resource of this country is the Government money. Ali
classes depend upon it, from the professional man and
trader down to the beggar. Before we took the country, a
considerable part of the population earned a scanty liveli-
hood at the mines; but this work was abandoned directly people. Not so with the commander of the ninth

when the Government money was scattered broadcast
among them. These mines are not productive, and never
can be made so, in comparison to the inexhaustible mines
of California; but a part of this people managed to earn at
them a few shillings a day, and that supported them. They
will be obliged to return to this work again, as the only
means of living, while the rest must get from the soil the few
articles that are necessary for their subsistence. There can
never be any profitable agriculture in this country. There
is but a very small part of it that is arable land; the valleys
of the few streams comprise the whole of it; and much of
this cannot be cultivated, owing to the efflorescence of salt;
and the residue requiring such a laborious kind of irrigation
and cultivation that corn cannot be raised here for less than
a dollar a bushel. But, even if it could be raised as cheap
as it is in Missouri, there would be no market for it beyond
the wants of the Government; and no agricultural product
would ever pay transportation from this remote country.

With regard to their protection from the Indians, they
would have the same that was extended to them by the
Mexican Government-that is to say, permission to defend
themselves. Besides, they would be much better armed
than they have ever been before, and the Indians would
have more respect and fear for them. There is, too, a
growing disposition on the part of the Indians to remain at
peace, and support themselves by cultivation. The Nava-
joes and Utahs are perfectly quiet, and the Apaches, the
only hostile band now in the Territory, have committed no
depredations within the last month, and have sent in word
that they wish to make peace. If the Mexicans should act
justly by the Indians, I think there would be no difficulty;
but if they did not, and war should ensue, the Mexicans
would always steal from the Indians quite as much as the
Indians would steal from them, and thus they would be no
losers in the end. On this point, too, I would remark that
if this Territory was erected into a State, it would be ex-
pected that the people would take care of themselves, and
they would be no better able to do it then than they are now.
Again, why are we bound to give any more protection to
this Territory than we give to Oregon and Utah? Those
people are obliged to defend themselves against the Indians.
Why should not this people do the same? I should think

it would be well to give the Mexicans a liberal allowance of
arms and ammunition, especially as there is a large supply
here that is not worth transporting back.

It would be impossible for our troops to remain here with
Mexican civil officers, for we should have to interpose in
their squabbles, which would make them serious matters.
There would be no danger of any attempt to throw off our
sovereignty; the authorities (and they would soon be ab-
solute) would be too much interested in getting appropria-
tions; besides this, they would know that we could annihi-
late them at any time.

There would be very few Americans remain in the Ter-
ritory; the number has already diminished very much.
They are nearly all adventurers, not intending to reside here
permanently; and, when they can no longer make money,
they will soon leave. At all events, the few that would re-
main could take care of themselves quite as well as those
did who were here before the war.

It may be thought that the abandonment of the new posts
so recently established would be a great sacrifice; but it
would not be so. They were built entirely by the troops,
and cost but little, and labor was beneficial to the command.
I am, sir, with high respect, your obedient servant,
E. V. SUMNER,

Breret Col., Lieut. Col. 1st Dragoons,

9th Department, in charge of executive office. Hon. C. M. CONRAD, Secretary of War.

Mr. WEIGHTMAN, (resuming.) Mr. Chairman, when I read the atrocious libel which you have just heard, I determined to make a speech of a different character to the one I previously intended. Yet, sir, for forty-eight hours after, I did not desire to obtain the floor. When a man is filled with honest, healthful, well-grown indignation, he is apt to scatter epithets, as an ancient and barbarous people did their barbed javelins, at their foes; and although, sir, I, as the representative of an insulted and slandered people, am under no obligation to be choice in my words; or to select my expressions in speaking of an Administration to which I owe no duty or respect, yet, sir, I was not unmindful of the respect due to this House, the respect I owe myself, and my duty to the cause of the people I represent.

For forty-eight hours I did not desire to obtain the floor. My just anger rendered me unfit then to address the House.

military department and the Secretary of War.

"Fools rush in where angels fear to tread."

I desire to say a few words regarding the capacity of my constituents for self-government. That thing to which they have the greatest repugnance, to which they have the greatest indisposition to submit, and which they think most destructive of the liberty of the people, is the assumption by the military of the civil functions of the Government.. There are members of the House, who perhaps remember that when I came here in 1850, as the agent of New Mexico, then seeking admission as a State, that there was then going on there a furious quarrel between the people and the military-a contest for power and control of civil affairs. The people claimed that the military government existed not by law, but by acquiescence, and in this, the opinions expressed by President Polk sustained them. In their memorial to Congress, the Legislature said as follows:

Sir, the people I represent are grossly calumniated by the letter of Colonel Sumner, which has been adopted as an Executive document. Some of the charges are of such a character that I can hardly discuss them. So sweeping is the denunciation of the people, that it includes every man, every matron, every maiden, every child, every child in its mother's womb, and the unborn children of that unborn child.

Sir, Burke, the great Irish orator, who stamped upon the annals of the British Parliament the im

"In putting in operation the form of government set forth in the constitution, they believe they have done no act inconsistent with a proper respect to the Government of the United States. The form of government adopted by the people of New Mexico is set up in opposition to no government recognized by Congress, or known to the Constitution and laws, but simply takes the place, under circumstances of urgent necessity. of an unacknowledged government, which has utterly failed to protect the inhabitants of New Mexico in their dearest rights, or to preserve the plighted faith of the Government of the United States.".

This was in 1850. Colonel Munroe, the then military commander and governor, maintained, by force, the existence of this repugnant government, and sent to Washington for instructions. He received them by special messenger sent from Washington to Santa Fe, on the 22d day of October, 1850. He was directed, through the Secretary of War, by the President, the constitutional commander of the Army, "to abstain from all further interference in the civil and political affairs of that country. Did he do it? He did not. His unrebuked contempt for the orders of his lawful superior has had its consequence.

In a speech delivered at the last session, I gave a full account of the military government in New Mexico. I denounced it, and the documents I then read proved the truth of my denunciations, and laid bare the shocking details of a government in which the military was supreme; in which the commanding officer was supreme-a government which harassed the people, which interfered with their religion, which disturbed congregations in the control of their own temples, which fined and imprisoned the people without the intervention of juries, which taxed them without their consent, which embezzled the taxes when collected, and which scourged them without trial. I might add to this list of enormities which have taken place under the military government.. And, sir, notwithstanding the act of Congress organizing the Territory of New Mexico, giving to. it a civil government, we have just heard read a recently-written letter of another commander of the ninth military department, signing himself "in charge of the Executive office."

Mr. SWEETSER. If the honorable gentleman from New Mexico will allow me, I desire to put an inquiry to him, with a view of replying to some portions of his remarks. In order that he may understand the point I desire to make, and that the House may understand it, I hope he will yield me the floor for a moment.

Mr. WEIGHTMAN. I will yield to the gentleman with pleasure.

Mr. SWEETSER. I desire, then, to inquire of the gentleman whether Colonel Sumner took upon himself the civil government of the Territory of New Mexico during the time that there were any civil executive officers there? I am informed, and so charge, that Colonel Sumner never undertook to meddle with the civil affairs of the Territory until, after Governor Calhoun and the Secretary of the Territory, upon whom the functions of the Executive would have fallen in the absence of the Governor, had both left; that he assumed to control at the urgent request and desire of the judges of the supreme court; that prior to his assumption

32D CONG....2D SESS

of the civil government of that en discharged from prison inals of the most despera means to keep the judici e criminals, who had bee upon the inhabitants of der release, became so bold the judges of the suprem Genel Sumner-there being country-to assume the en strol of the Territory; that egency of the occasion, the judges of the supre reded it the moment the sie civil jurisdiction there et was afterwards a conflict the supreme court and Co smed entire jurisdiction of er words, to enforce law and beastrumentality of the bayo By: A notorious crimi ed rghts of the New Mexi there was danger of th fer their defense, was imp Canel Sumner. A judge of da habeas corpus and disch who was at the time intoxicate promptly arrested the criminal, that no criminal in future sho whist he was drunk, and enfor complained that the Colonel babeas corpus act. I shall be p if it becomes necessary, to just

in that act.

Mr. WEIGHTMAN. U foor. If the gentleman is pre officer of the Army in doing th hear the justification.

Mr. SWEETSER. The state of revolution. There wa

there that was effective for an
my judgment, it was no time
quible about a shadow. I am
Colonel Summer in that, and al
done, to save the inhabitants
murder.

Mr. WEIGHTMAN. Sir
Samner"in charge of the
I appeal from Colonel Sumner
Cainel Sumner in the dischar
tary duties.

Mr. SWEETSER. I hope
Answer my question.
Mr. WEIGHTMAN. 1 w
the course of my remarks, if
me and arrangements. At al

swer.

After Secretary Allen had le
before Governor Calhoun ha
Sanner, in conjunction with
hed in the Gazette at Santa
erwise made public, the fo

TO THE PUB

It is hereby announced that no
her in the ace of Governor of this
Oh should be obliged to leav
de arrival of the Hon. Secretary o
yhority of this Department
the Executive office as to make
aderder absolutely certain.
Grea at Santa Fe, this 21st day
Governor of the Terr
Brit Col. U. S. A..

SANTA FE, April 24, 1852.
The meaning of this, as u

by the judges of the supre
agents, and by Colonel
But he was to give, should
and government aid and sup
8 to seize upon, as he did
the civil government, execu
judicial.
The bill of rights declared
New Mexico, and approved
11, by James S. Calhoun
the following provisions:
Sec. 7. The people shall be
ses, papers, and possessions 1
or searches; and no warra
ize any person or thing, shall
them as near as may be, nor wit
ported by oath or affirmation."
Sec. 10. The privilege of the

APPENDIX TO THE CONGRESSIONAL GLOBE.

Territory, there had a large number of te character, for want ary in motion; that n committed for outf New Mexico, after in their depredations me court appealed to g perfect anarchy in ntire jurisdiction and he did so in view of , upon consultation -eme court, and that here was anybody to re. I am aware that ct between the judges Colonel Sumner, who of the country, or in id order there through yonet. It originated

ninal, who had invad-xicans to such an exthe people forming a mprisoned by order of of the supreme court scharged the criminal, ated; Colonel Sumner al, and made an order ould be set at liberty Forced it. The judges el had suspended the e prepared by-and-by, stify Colonel Sumner Upon that I take the prepared to justify an g that, I should like to

he country was in a was no civil authority any purpose, and, in ime for the judges to im prepared to justify I all other acts by him its from robbery and Sir, I appeal from Col

the executive office;" ner, the proconsul, to harge of his legitimate ope the gentleman will

I will do so now, in if consistent with my . all events, I will an

left New Mexico, and had done so, Colonel h the Governor, pubta Fé, and, I presume, following:

BLIC,

10 interregnum will take
his Territory. If Governor
ave for the States before
of the Territory, the mil-
nt will so far take charge
ke the preservation of law

ty of April, 1852.
J. S. CALHOUN,
rritory of New Mexico.
E. V. SUMNER,
., Com'g 9th Mil. Dep.

understood at the time me court, by the InSumner himself, was, it be needed, to the pport, and not that he I do, all the powers of utive, legislative, and

d by the Legislature of i on the 12th of July, , Governor, contains

secure in their persons, from all unreasonable seiznt to search any place, or issue, without describing hout probable cause, sup

The honorable gentleman is under the impres-I, although differing on many points, have agreed upon this: sion that the judges earnestly requested Colonel