32D CONG....2D SESS.

Affairs of New Mexico-Mr. Weightman.

not be suspended, except when, in case of rebellion or invasion, the public safety may require it."

"SEC. 15. No citizen of this Territory shall be deprived of his life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land."

"SEC. 16. The military shall at all times be subordinate to the civil authority."

When Colonel Sumner established a proconsulate in New Mexico, he violated the bill of rights ing a civil government in that Territory. of the people, and the law of Congress establish

The honorable gentleman from Ohio, [Mr. SWEETSER,] says the judges of the supreme court earnestly invited him to do this, and the honorable gentleman thinks this to be the case, else he had may have written to him to that effect. not charged it. For aught I know, Colonel Sumner

If this is

of the civil government of that Territory, there had been discharged from prison a large number of criminals of the most desperate character, for want of means to keep the judiciary in motion; that those criminals, who had been committed for outrages upon the inhabitants of New Mexico, after their release, became so bold in their depredations that the judges of the supreme court appealed to Colonel Sumner-there being perfect anarchy in the country-to assume the entire jurisdiction and control of the Territory; that he did so in view of the urgency of the occasion, upon consultation with the judges of the supreme court, and that he yielded it the moment there was anybody to assume civil jurisdiction there. I am aware that there was afterwards a conflict between the judges of the supreme court and Colonel Sumner, who assumed entire jurisdiction of the country, or in other words, to enforce law and order there through the instrumentality of the bayonet. It originated in this way: A notorious criminal, who had invad-appreciation of distinctions, upon the lucubrations of his mind, upon his generalizations from indied the rights of the New Mexicans to such an exvidual facts, I have no reliance whatever. tent that there was danger of the people forming a mob for their defense, was imprisoned by order of Colonel Sumner. A judge of the supreme court issued a habeas corpus and discharged the criminal, who was at the time intoxicated; Colonel Sumner promptly arrested the criminal, and made an order that no criminal in future should be set at liberty whilst he was drunk, and enforced it. The judges complained that the Colonel had suspended the habeas corpus act. I shall be prepared by-and-by, if it becomes necessary, to justify Colonel Sumner

in that act.

Mr. WEIGHTMAN. Upon that I take the floor. If the gentleman is prepared to justify an officer of the Army in doing that, I should like to hear the justification.

Mr. SWEETSER. The country was in a state of revolution. There was no civil authority there that was effective for any purpose, and, in my judgment, it was no time for the judges to quibble about a shadow. I am prepared to justify Colonel Sumner in that, and all other acts by him done, to save the inhabitants from robbery and murder.

so, I must yet be permitted to doubt. Not that I Colonel, but I mean distinctly to say that upon his mean by this to assail the veracity of the gallant

Colonel Sumner is a gallant officer, who gained laurels honestly in the services of his country. Could I, I would not strip them from him. The obtuseness of his intellect, however, is well known. When he was assigned to an independent command, the Army, without gaining an administrative officer, lost the services of one of its best executive officers. I would risk obtaining a verdict to this effect before a jury of officers of the Army of his own selection. He has an obtuse intellect.

The honorable gentleman from Ohio, [Mr. earnestly and urgently invited the Colonel to asSWEETSER,] says the judges of the supreme court

sume entire control. He has also alluded to the notorious fact, that when Sumner issued an order suspending the habeas corpus, the judges remonstrated. But the honorable gentleman says this was a subsequent affair. I apprehend that the remonstrance of the judges took place as soon as the order came to their knowledge.

The honorable gentleman is under the impression that the judges earnestly requested Colonel Sumner to take control because there was entire

anarchy in the country. Can this be so? There were but two judges in New Mexico at the time

Mr. WEIGHTMAN. Sir, I appeal from Colonel Sumner"in charge of the executive office;"Judges Watts and Mower. From the latter I I appeal from Colonel Sumner, the proconsul, to Colonel Sumner in the discharge of his legitimate military duties.

Mr. SWEETSER. I hope the gentleman will answer my question.

Mr. WEIGHTMAN. I will do so now, in the course of my remarks, if consistent with my time and arrangements. At all events, I will an

swer.

After Secretary Allen had left New Mexico, and before Governor Calhoun had done so, Colonel Sumner, in conjunction with the Governor, published in the Gazette at Santa Fé, and, I presume, otherwise made public, the following:

TO THE PUBLIC.

It is hereby announced that no interregnum will take place in the office of Governor of this Territory. If Governor Calhoun should be obliged to leave for the States bef re the arrival of the Hon. Secretary of the Territory, the mil itary authority of this Department will so far take charge of the Executive office as to make the preservation of law and order absolutely certain.

Given at Santa Fé, this 21st day of April, 1852.
J. S. CALHOUN,
Governor of the Territory of Ner Mexico.
E. V. SUMNER,

Br't Col. U. S. A., Com'g 9th Mil. Dep.

SANTA FE, April 24, 1852. The meaning of this, as understood at the time by the judges of the supreme court, by the Indían agents, and by Colonel Sumner himself, was, that he was to give, should it be needed, to the civil government aid and support, and not that he was to seize upon, as he did do, all the powers of the civil government, executive, legislative, and judicial.

The bill of rights declared by the Legislature of New Mexico, and approved on the 12th of July, 1851, by James S. Calhoun, Governor, contains the following provisions:

"SEC. 7. The people shall be secure in their persons, houses, papers, and possessions from all unreasonable seizures or searches; and no warrant to search any place, or seize any person or thing, shall issue, without describing them as near as may be, nor without probable cause, supported by oath or affirmation."

"SEC. 10. The privilege of the writ of habeas corpus shall

1852, written from Soccorro, from which I read happen to have received a letter of date May 25,

an extract:

"The affairs of this Territory are in a most critical situation, owing to the absence of the Secretary, the death of the Governor, which is daily expected, and the assumption of the civil power by the military commander. Yet there is no danger of revolution, as talked of so much in Sauta Fé. The people have no desire to rise, and the Pueblos are all quiet. The so much celebrated emeute (which never took place) in Santa Fé," &c.

Again, in the postscript to the same letter, Judge Mower says:

"Whatever you may hear about a revolution in this Territory, do not believe it. There is no truth in it. You know the power and wealth of the country is in the Rio Abajo, and I have talked with nearly every rich man in the valley, and they laugh at every such idea. They say, however much a few discontented spirits may desire it, they have not the means or spirit to prosecute it. General Armijo says that he will send his head to the President if there is an attempt overt to raise insurrection."***"They can do nothing, and they know it. Besides, the well informed people prefer American to Mexican rule."

This letter is dated May 25th; the letter of Sumner, which the Executive has adopted, May 27th, only two days apart.

Is it possible that the judges-recollect there were but two of them in the country-invited Colonel Sumner to take entire control, as the honorable gentleman from Ohio [Mr. SWEETSER] Supposes? Is it possible that they did so, because anarchy prevailed throughout the country? I have no letters from Judge Watts of that date, but I apprehend that he did not urgently and earnestly solicit Colonel Sumner to take control.

In reference to the anarchy which it is charged prevailed in New Mexico, I will read extracts from a letter of a Mexican gentleman. The original is in Spanish. It is dated June 28th, 1852. I read a larger extract from this letter than is necessary to resolve the question of anarchy or no anarchy: "A long experience has given the people of New Mexico an opportunity of knowing their fellow citizens, notwith standing (some) consider them distinguished by castes or races. The New Mexicans consider all rational men as equals; inhabitants of the country consider themselves entitled to the same rights, and are only distinguished by their

HO. OF REPS.

good or bad actions. We look upon a Frenchman the same as upon a North American, an Irishman, a German, or a Mexican.

"If some unfortunate occurrences have taken place in this country, by unforeseen circumstances, they have been the result of accident, or causes forced upon us. The death of Skinner and others was sought out and hastened on by themselves. Their own imprudence has consigned them to their graves, leaving us the sad menientos humanity impresses on our minds.

"It is certain, very certain, that these misfortunes were not premeditated attempts to raise a fratricidal arm, but have taken place in disturbances created by themselves, in which they imposed upon our citizens, and took up arms. to abuse them. It must be confessed, that self defense is a natural gift implanted in the heart of man, and that in desperate cases there is no reflection, especially among men of little education."

*

"In April last several Santa Fe merchants, in company with the Secretary, Doniciano Vigil, (Secretary under the military government,) took it into their heads to dream of a revolution.' They actually spread the information in every direction, until it came to the knowledge of the military commander. The object was to procure customers in Santa Fé and other places, and to restore to their previous civil and military positions the brethren of that extraordinary administration, but" *

"Governor Calhoun and other friends will be able to give you further information on the subject.

*

But, Mr. Chairman, I have not done with this point yet. I now call Colonel Sumner to the stand. I appeal from Sumner, the proconsul, to Sumner, the Colonel, in the discharge of his legitimate military duties. I do not read the letters entire; the extracts, however-for I have only extracts in my possession-can be perused by any member who desires it, and I doubt not access can be had to the entire correspondence in the War Department. I read from an official letter from the headquarters near Albuquerque, dated April 9th, 1852:

"In addition to this report (about Indians) there are constant rumors of disaffection in the Mexican population, until any one not conversant with affairs here would suppose that we were on the eve of a rebellion. The Governor and I, although differing on many points, have agreed upon this: that there is nothing whatever to apprehend from the Mexicans, if they are treated properly. As a proof that we are right, several of the principal and most inflential Mexicans have sent large trains to the United States this spring for goods, while others are preparing to go to California, intending to leave their families and property here.

"I believe that most of these stories originated with some unprincipled Americans, or if they do not create them they distort and exaggerate them for the purpose of keeping up this excitement. It is my deliberate opinion, that there are some men in this Territory who will stick at nothing to increase the expenditures of Government. All this would be of no consequence, except that such reports have the tendency to verify themselves, by creating distrust and serving to alienate the different classes from one another. If from this cause, or any other, a difficulty should arise with the Mexicans during an interregnum in the office of Governor, I should be compelled to assume the functions of that office."

I submit that here is nothing of a derogatory character to the Mexicans, nor is there in the whole letter-nor is there generally to the Americans-some of them only are represented as disturbers of the public peace. Not a word is there here about Mexican pronunciamientos every month or two. In the letter which was read by the Clerk, all the Mexicans and all the Americans are denounced together. Do not forget that this was after his usurpation of dictatorial functions, in which he had been opposed by the judges, Indian agents, and people.

Again, in another official letter to the Adjutant General, dated at Santa Fé, April 22d, 1852, but thirty-five days before the proconsul letter, Colonel Sumner says:

"As the Governor was extremely ill, and evidently very apprehensive of serious difficulty, I thought proper to come up here at once. I saw no appearance of disaffection as I passed through the country, and I think if there is anything in these rumors, it is confined to the lower classes, instigated, perhaps, by a few desperate, unprincipled gamblers and speculators, who have everything to gain and nothing to lose by fomenting commotions."

"On my arrival in this town," (Santa Fé,) "I found it in a state of anarchy. All prisoners had been released for want of means to subsist them, and all law seemed to be set at naught. At the same time there was a constant dread of revolution, which kept up a feverish excitement that was likely every moment to lead to some collision with the Mexicans. I saw that it was necessary to take measures immediately to repress all this disorder, and I said to the Governor that if he thought proper to ask for military aid, that I would give it at once."

*

"I have established a military police, to act in support of the civil authorities. These measures will, I think, secure the quiet of this town. The extreme illness of the Governor, and the absence of the Secretary of the Territory,

32D CONG.....2D Sess.

have had some influence in producing this state of things, and it was evidently necessary to announce to the public that there would be no interregnum.

"In a conversation with the Governor on this subject, we determined to publish the enclosed paper, No. 3," [I have read it to the House,] "which will, I think, effectually crush the hopes of all intriguers. I am fully aware that I am placing myself in a most critical position, but the path of duty seems to me plain, and I shall take the risk.”

In this letter there is no general denunciation of the people. The suspected disturbers of the public peace were "confined to the lower classes," (of Mexicans), instigated, perhaps, by a few desperate, unprincipled gamblers and speculators, who have everything to gain and nothing to lose by fomenting commotions." Thirty-five days after, all together are denounced. In the extract I have read is the testimony of Colonel Sumner, that out of Santa Fe no anarchy prevailed-that all was quiet out of Santa Fé, and that in that town only such confusion and excitement existed as was quieted by aid and support of the civil officers.

I may as well mention now what I have failed to mention heretofore. Besides astounding the judges by suspending the habeas corpus, Colonel Sumner also waked up the Indian agents by assuming control of their functions. He added to his titles the words "ex officio Superintendent of Indian Affairs." At this stage of affairs his signature was most elaborate-I will give it to you, Mr. Chairman: "E. V. Sumner, Brevet Colonel, and Lieutenant Colonel First Dragoons, commanding ninth military department, in charge of Executive office, and ex officio Superintendent of Indian affairs."

The correspondence between the Indian agents, J. Greiner and S. M. Baird, and the Colonel, are on file in the Indian Department.

Now I ask, inasmuch as all was quiet out of Santa Fé and military aid and support of the civil authorities was all that was necessary to insure quiet in that town, what excuse was there for Colonel Sumner in seizing upon the reins of government, in spite of people, Indian agents, and judiciary? Why, during an interregnum, could he not content himself with doing his duty by giving aid and support to the civil officers? In his proconsul letter, Colonel Sumner speaks of a recent disaffection among the Mexicans. He does not say among the Mexicans, but the context indicates that he so intends. What was that "recent disaffection?"

I will here say that the opinions and conduct of the people of New Mexico in this very matter, of which Colonel Sumner speaks as "disaffection," plainly shows that they understand better the true spirit of our Government than the officer who has ventured to pass judgment on their knowledge and capacity. In what did the "disaffection" consist? When Governor Calhoun had left the country, when Secretary Allen had left the country, the Mexicans thought that they, the people, might properly meet together and designate some one of their choice to administer the Executive office until one or other of the only two officers designated by the law of Congress to exercise those functions should return to the country. The suspected object of these meetings was for this purpose. This was suspected. I do not suspect. I admit this to have been the object of those meetings. The people thought that under a republican Government, the right of designating a temporary Executive belonged to them. Colonel Sumner calls this disaffection.

But, sir, a rule to which no one would raise an objection elsewhere is not to be tolerated in New Mexico. Is this because they are “a foreign race, speaking a foreign language?"

Now, I ask any Delegate on this floor, if their Governor and their Secretary left their posts, and it became necessary to have a temporary Executive, who would designate that temporary Executive, the people or the officer of the Army highest in rank in the country? Would any officer of the Army in your Territories set up such a claim? Would he dare to do it?

Imagine such a claim set up in Oregon, and the officer in command of the troops preparing to back his claim by action, and what would we see? Why, the people in arms, running together and electing as their leader their worthy Delegate. And I venture the assertion that he would abate the insolent claim, or drive the arrogant disturbers of the public peace into the sea.

sor,

that the right to fill the temporary vacancy rests alone with the people. The vacating officer cannot nominate his successor by last will and testament, or otherwise, nor can the judiciary select the successor, nor the vacating officer and judiciary conjoined. Under our form of government, this right resides with the people, and with them alone.

I will support this proposition by a single supposed case.

Suppose that the recent railroad disaster, which resulted in the regretted death of the only son of General Pierce, had also caused the death of the President elect; and further, suppose that the universally-beloved Vice President elect should be shipwrecked while on his health-seeking voyage to Cuba. These two deaths occurring before the 4th day of March next, and the Constitution fails to designate the President, it casts this high office upon no one. Who, in such a case, would be in charge of the Executive office? The Commander-in-Chief of the Army, in virtue of his office, or the people of the United States? Who, in all the nation, would tolerate that the Commander-in-Chief should seize the reins of Government, and treat as disaffection the desire of the people and States, or their representatives, from choosing a temporary President? Is not the Commander-in-Chief of the Army the last officer in the Government who, by virtue of his office, would be permitted to make such an assumption? Would it be permitted if the judges of the Supreme Court, extra-judicially or judicially, should earnestly and urgently ask the Commander-in-Chief to do so? I answer, No. Such matters pertain to the people alone.

How salutary a thing would it have been in New Mexico, if Colonel Sumner, instead of seizing upon the government himself, had given military aid and support to a temporary executive officer designated by the people. How convincing would this have been to the people there that the Government of the United States is what it professes to be, a Government not of force, but of law.

The quarrel between the people and their legitimate civil officers on the one side, and the military on the other, has been one of long standing. Ít began in 1849. Many will recollect the correspondence between Manuel Alvarez, the choice of the people, and Colonel Munroe, regarding the contest for civil power, in 1850. From that time to this, with occasional lulls, the contest has been kept up; not only during the administration of Governor Calhoun, not only during the interregnum, but also since the arrival in New Mexico of the successor of Governor Calhoun. The contest has been kept up in interregnums and not in interregnums, despite the law of Congress establishing a civil government in New Mexico.

Ho. OF REPS.

Colonel Sumner, in his proconsul letter, has said that civil government in New Mexico is a failure; that the proper government for that country is one under military supervision, and as far as in him lies, it seems he intends making this out. Governor Lane, soon after his arrival in Santa Fé, fell into the same difficulties against which Governor Calhoun had to contend. The substance of the complaint of Governor Lane is, that the military are endeavoring, or I should rather say Colonel Sumner is endeavoring, to thwart the successful operation of the civil government. The correspondence which took place between them if not now, soon will be in this city. It was transmitted to the President by the mail which left Santa Fé on the 1st of December.

is

The old quarrel between the civil and military now-now-going on in New Mexico, with all the heat of 1850, and this Administration, in my judgment, is responsible for the insubordination of the military to the laws of the country in New Mexico.

I have shown you, Mr. Chairman, how it is that Colonel Sumner became soured towards the people I represent-how, within a month, he changed his opinion of them. I will now show you how he fell out with the soil or land in New Mexico. He says in his proconsul letter that the tand is fit for nothing. Colonel Sumner's first acquaintance with New Mexico began in 1846, when General Kearny took possession of the country. He was there about three months. While there he saw the growing crops, and when assigned to the command of the ninth department last year, he cheerfully undertook to establish farms, to be cultivated by the soldiers. He was enthusiastic. The Mexicans were to be learnt a thing or two about agriculture. He laid in his seeds, the usual assortment of improved plows and hoes, together with all the modern improved implements and machines for the most advanced state of agriculture in New or Old England-amongst the rest hydraulic rams, and a practical farmer from Massachusetts. All these having been transported to New Mexico, were clapped down rigidly upon a country, where irrigation is one of the indispensable incidents of cultivation. What was the result? You know, Mr. Chairman—a failure. It became evident to Sumner that something was the matter. Sumner laid it on the land. I reckon if the land could speak, it would lay it on Sumner.

Besides farming, the Secretary of War thought cattle-raising would be a good military idea for New Mexico. Sumner said he could do it. He accordingly selected Durhams as the proper breed. All who know anything of this breed, know that they require the richest herbage. The best pastures of the most fertile States alone can support them. In Virginia and Maryland they cannot, with advantage, be grazed.

I do not know, Mr. Chairman, how this experiment turned out. I suppose the Durhams are all dead. If they are not, New Mexico is a fine grazing country.

But in reference to the capabilities of the country, I refer to the honorable gentleman from Oregon, who traveled through it. He can give to the House information on which it can rely, and I hope he will take an early opportunity of doing so.

I would not like, Mr. Chairman, to subject myself to the odium of likening the intellect of any member of the Legislature of New Mexico to that of Colonel Sumner. In the proconsul letter he says:

"On this point, too, I would remark, that if this Territory was erected into a State, it would be expected 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?"

The Colonel evidently thinks that the people of the States ought to do their own fighting, and that the people of the Territories ought to do their own fighting.

As the States and Territories comprise the whole United States, I ask in the name of all that is stupid, if this is the case, what do we want with an Army? Why do we spend millions of the public money in maintaining an Army, if the people of the States and the people of the Territories are to defend themselves?

32D CONG.....2D SESS.

Again, the Colonel says:

"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."

Whether the "which would make them serious matters" is intended as the reason for or the consequence of the interposition, does not appear. But when did it become one of the duties of the military to interpose in civil squabbles? I will not dwell on this point.

One of the remarks in the proconsul letter induces me to imagine, and I am sorry so to do, that the gallant Colonel has not been as discreet as his friends would desire, in the selection of his female acquaintances in New Mexico. His acquaintances have been injudiciously selected and he has generalized too much. I remember reading of a Chinese savant, who, while traveling in England, before the days of steam, was rowed across the Thames in a wherry, by a man who had lost a leg. In handing out the baggage of the Chinese, the boatman put his wooden leg in the water and kept his natural foot on the dry land. The Chinese, struck with the convenience of the thing, communicated to the brother of the Sun and Moon, that in England he had observed a practice which might be introduced with advantage into the empire he referred to the employment of the woodenlegged men in rowing the boats. He concluded by saying, that he would not presume to suggest whether it would be best to order the wooden legged men into the boat business, or to cut off a leg of those already engaged in it. The Chinese generalized; so has Sumner-the Chinese communicated his generalization to his Government; so has Sumner.

This man, Mr. Chairman, is just what I have represented him to be-gallant, stupid, and generalizing.

But, Mr. Chairman, for the continuance of the quarrel between the military and the civil power in New Mexico, I hold this Administration responsible. That the military, or some of them, have lost sight of their due subordination to the civil power, is justly chargeable on the Administration. The unrebuked neglect of Colonel Munroe to obey his orders" to cease all further interference in the

Affairs of New Mexico-Mr. Weightman.

purpose, which is apparent in the message and documents: to blot, blur, and disfigure those pages in the history of the country on which are recorded the brilliant administration of President Polk. During the last session, Mr. Chairman, in defense of Governor Calhoun, and incidentally of the people of New Mexico, I made a speech, much || of which, as reported on that occasion, was not delivered in the House. I was interrupted by the Speaker's hammer. The portion I now read was not said in the heat of debate, but calmly written in the closet:

"I cannot close my remarks without saying a few words of denial of the charges which have been directed against the people I represent. Should I close my remarks with out speaking in their behalf, I would be unmindful of the courtesies, and kindness, and hospitality, I have invariably received in every part of New Mexico, and be unworthy to represent a people who, with frankness and confidence, have trusted to me to represent their true condition, and promote their interest and happiness. The people of New Mexico have been represented as entertaining feelings of deadly hostility towards native-born citizens of the United States, which makes their lives unsafe in New Mexico-that the New Mexicans are on the very eve of revolt against the Government of the United States. So help me Heaven, Mr. Speaker, this is all untrue. I assert it to be untrue on my responsibility as a representative, and honor as a genWere it true, the Governor of New Mexico had long since exposed it, and I would not be here as the representative of such a people. But these are my assertions -I would convince your reason."

tleman.

"The picture which has been presented of my constituents by the old adherents of the military government, is false in coloring, and untrue in details. I have never met in any part of the United States, people more hospitable, more law-abiding, more kind, more generous, more desirous of improvement."

Mr. Chairman, were I to arrive in Las Vegas, the frontier village of New Mexico, hungry and athirst, on foot and in rags, without money in my purse, I would knock with confidence at the doors, and my wants would be supplied. Few in all the Territory would turn me from their doors. When I continued my journey, sir, it would no longer be on foot, it would no longer be in rags; my needs would all be supplied, and without money and without price, I could travel throughout the country. Many times my entertainment might be simple rude indeed, but it would be offered ungrudgingly.

Can I be recreant to the interests and honor of such a people, Mr. Chairman? By their wrongs will I stand by them.

Colonel Sumner has been the recipient of the hospitalities of honorable and refined New Mexican gentlemen, whose houses are the abiding places of chaste matrons and innocent maidens; and the letter you have heard read is the return he has made for those hospitalities. Would you do that, Mr. Chairman? Would I? No, sir. I would rather be a Secretary of War, and retain my seat in the Cabinet of a President who insults the generous constituency who had honored me with their confidence.

Colonel Sumner, who has given a picture of Mexican manners, is in no position to see but rarely anything of domestic life as it really exists in New Mexico. Sidney Smith, in accounting for the bearish deportment of John Bull while traveling on the continent, says, "John is so satisfied with himself because he has Magna Charta and trial by jury, that he thinks it is not necessary for him to attend to small behavior." Jonathan, the kingman of John, it must be confessed, is not unmind

civil and political affairs of New Mexico," has encouraged and promoted other military aggressions on the civil and political rights of the people. Why is it, that having encouraged, by its want of decision, a state of exasperation between the military and the people, the testimony of the former to the character of the latter is eagerly seized upon by the Administration, and transmitted to Congress? Is the War Department the quarter from which we might naturally look for information concerning the civil affairs of the Territories? It is worthy of note that but an insignificant portion of the letters selected for transmission to Congress from the commander of the ninth department relates to military affairs. The operations of the army in New Mexico against the political rights of the people, seem to have more interest in the eyes of the Administration than those against their enemies, the Indians. Why is it that information regarding the civil affairs of New Mexico is not sought from civil sources? Why is there nothing concerning the character of the people coming from the late Governor, James S. Calhoun?ful I know he entertained the most kindly feelings towards the people, and favorable opinions of their capacity and aptitude in appreciating the spirit and true principles of our Government. He always sustained and defended the popular rights against military aggression. The people of New Mexico appreciated the character of Governor Calhoun, and long will his memory be held in affectionate remembrance among them. Why, I ask, are not the views of Governor Calhoun concerning the people of New Mexico communicated to Congress? Why have we nothing from his successor, Governor Lane? My letters from that gentleman indicate no opinions derogatory to the people, but, on the contrary, express hopes of extended usefulness among them. He has been among them long enough to see into the settled hostility of the military to the successful working of a civil government not under "military supervision." The testimony of those who think well and kindly of the people, is rejected. It conflicts with an obvious

that he has trial by jury and institutions which throw Magna Charta in the shade. Proud as John and Jonathan are, they are no prouder than the Spaniards, and not near so sensitive. They are no prouder than the Indian, and not near so reserved.

While thousands of my constituents are of pure Spanish descent, others, I believe the large majority, have in their veins the blood of the Spaniard and the Indian, mingled generations ago. What of shame attaches to this? My constituents need not be ashamed of their blood. They are descended from the Spaniards, who, by their courage and enterprise, peopled a continent-who maintained a contest with the Moors for an hundred and fifty years, and finally drove them from their midst. When Napoleon appeared to have subdued all Europe, and all seemed lost, Pitt, the English statesman, expressed his reliance on Spanish game for a renewal of the contest, and was not disappointed. The conquest of Mexico by Cortez, and his gallant few, savors more of romance than reality, and in the infuriate resistance of the Aztecs

Ho. OF REPS.

was displayed valor which, though unavailing, has never been surpassed.

From these are my constituents descended, and of their stock they need never be ashamed; and should the army be withdrawn from New Mexico, as Colonel Sumner proposes, and the people supplied with arms, and but half the amount now necessary to maintain the troops there, be for a few years appropriated for the support of volunteers from New Mexico, my constituents will demonstrate that they are not unworthy sons of noble sires.

I commend this proposition to general attention. It is economical, which should commend it to Congress, and it will meet with great favor in New Mexico, as, if carried out, it would at once relieve the people from the molestations of the army, and they would soon relieve themselves from those of the Indians.

I have said my constituents are a proud, reserved, and sensitive people. You can readily imagine, Mr. Chairman, that their reserve and sensitiveness have not been diminished by the war which resulted in the transfer of their country and allegiance. Think you, sir, that a man whose every attitude is an assumption of superiority, and every gesture an indication of contempt, will ever be admitted into the hearts of such a people?-that he can ever see their good qualities? No, sir! he will meet cold politeness and dignified reserve, but catch no glimpse of the hearts or domestic life of such a people.

There is another view of the outrage of which the people of New Mexico have been the subjects, to which I will draw your attention. The letter of Colonel Sumner, which has been adopted by this Administration, and which has been read by the Clerk, is the report of an officer of the Army, not about military matters, but is chiefly devoted to giving an account of the character and habits of the people among whom he happened to be stationed.

Sir, in the year 1848, during the administration of President Polk, the Constitution of the United States gathered New Mexico under its protecting wings; yes, sir, as a hen gathereth her chickens under her wings; and my constituents have as broad political rights as if each one of them were a Secretary of War, and are entitled to as much consideration and immunity from Executive insult as the people of any portion of the country. Imagine, if you can, Mr. Chairman, an officer of the Army, stationed in Virginia, instead of occupying himself with his military duties, to sit down and, without instruction or encouragement—ay, sir, there's the rub-without instructions or encouragement to communicate to the Department of War his views concerning the people of Virginia; their modes of life, their customs, and their habits of thought about the slavery question, for instance. I imagine he would promptly be reminded that the character of his duties was military, and that his conduct was improper and unbecoming.

But, suppose further, sir, that the Secretary of War, forgetful of the object of the Department over which he presides, should, through the President, transmit to Congress the letter of the officer. What would the people of Virginia do in such a case? They would demand of the Executive that the officer who committed this outrage should be ordered out of their State, and that he should never again do duty within the limits of the Old Dominion; and if their demand was not complied with, they would thrust him from their borders. Committed within South Carolina, how would boil the blood of the Huguenots, which has given its characteristics to that whole State? How would such an in

dignity be received in the Territories of Oregon or Minnesota? How in the States of Texas or Florida? But towards States which are represented, or Territories whose people are bound by the ties of consanguinity to the people of the States, such an outrage might not with impunity be attempted. The unrestrained valor of this Administration is reserved for an unrepresented people, with no ties of consanguinity with the mass of the people of the United States-"a foreign race speaking a foreign language." But, Mr. Chairman, this outrage is no less committed in New Mexico than in Virginia, South Carolina, Florida, Texas, Oregon, or Minnesota. The people of New Mexico are citizens of the United States, and stand on soil

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consecrated by the Constitution. In that instrument are made no invidious distinctions of race or language. The rights, privileges, and immunities of the people of New Mexico are as broad and perfect as of the people of any other portion of the Union, and I, their Delegate, claim them for them. When I look back, I remember many things which, at the time of their occurrence, pained, distressed, and wounded me.

Mr. Chairman, I have never been able to wring from this Administration one solitary appointment in New Mexico which the people of that country might look upon as given to conciliate or in respect for them. In 1850, when the civil government was organized, I urged the appointment of Mr. Manuel Alvarez, a high-minded, honorable gentleman, as Secretary of the Territory. I urged his appointment, on the ground that he was wellqualified for the office-that he spoke both the Spanish and the English languages-that the people had recently expressed through the ballot-box their confidence in him—and that his appointment would be esteemed by them as an evidence of kindness and of respect for their wishes.

Mr. Alvarez was not nominated, but, instead, Mr. Hugh N. Smith. As soon as this was known to me, I earnestly appealed to the Administration to withdraw the nomination of Mr. Smith, and to substitute Mr. Alvarez in his stead. I urged that in the same election in which the people had honored Mr. Alvarez they had condemned Mr. Smith. He had just been defeated before the people, and they must feel that the setting aside of Mr. Alvarez, whom they had honored, to make room for Mr. Smith, whom they had repudiated, as indicative of disregard to their wishes, and was but little calculated to attach them to the United States. Aside from all this, I urged that Mr. Smith was a political agitator, and had addressed to the people of New Mexico a pamphlet calculated to indoc-| trinate them with fanatical sentiments in regard to the slavery question. All in vain, Mr. Chairman; these appeals were disregarded.

When Mr. Smith was rejected by the Senate, I again urged the claims of Mr. Alvarez in vain, sir; in vain. I have never been able to wring, from this Administration a solitary appointment of a Mexican, not even for a postmaster. Search the Blue Book, Mr. Chairman.

Had I desired to impress the people of New Mexico with the idea that the Government and people of the United States looked upon them with repugnance and contempt, I would have done as this Administration has done. Did I desire to keep the people of New Mexico in a state of uneasiness and alarm, I would not rebuke the officer who neglected to obey my order to "cease all further interference with the civil and political affairs" of the people. This would encourage other military aggressions, Mr. Chairman. Did I desire to drive them to despair, I would recommend that they should be torn from the homes of their fathers. Did I desire to blacken the character of the people of New Mexico, and thereby convince the people of the United States that the territorial accessions made during the Administration of a political adversary were useless or baneful, I could get no stronger testimony than from them, who, for three years, have been the unrestrained adversaries of the people.

Easily to be discerned from the acts of this Administration is the object of disfiguring those pages of the history of the country on which are recorded the administration of President Polk.

sir.. Colonel James D. Graham refuses to put his instruments on this line, declaring that it is not the treaty line, and he is recalled, sir.

Both Colonel Graham and Mr. Gray have declared that the line as proposed to be run by the Commissioner, sustained by the Administration, was not the true treaty line. Congress by its legislation has declared that it is not the treaty line, and besides, sir, the Mexicans by their acts have declared that, as they understand it, it is not the treaty line. On the right bank of the Rio Grande below Doña Ana, there is a town called Mesilla, containing about one thousand souls, which has been settled since the treaty of peace by Mexicans, who, until Mr. Bartlett informed them to the contrary, supposed themselves in the United States. It is needless for me to inform this House that Mr. Bartlett has been sustained by this Administration.

Another of the acquisitions intended by the administration of President Polk, was the Ísland of Cuba, by peaceable and honorable means-by treaty with Spain. President Polk, acting in entire unison with the national feeling, indicated to Spain, in the usual and only mode known to our laws and Constitution, that the United States, to acquire possession of an island so important to her in a military and commercial point of view, was willing to pay to Spain for her relinquishment of that island in favor of the United States, the sum of $100,000,000. What was done by the Administration in this matter? Asif for the purpose of forever thwarting the peaceable acquisition of Cuba, and of throwing obloquy upon the administration of Mr. Polk, the President, losing patriotism in partisanship, without a shadow of excuse, published to the world secret and confidential correspondence, which should forever have reposed in the State Department, under the safeguard of the national honor. The presidential office is perpetual-the incumbents only are changed. The secrets pertaining to the office have been divulged. Letters, confidential in their character, and others marked confidential, have been divulged.

Besides divulging the confidential instructions of our Government to its own foreign Ministers, there have been betrayed the secret communications which at foreign Courts have been confided to our Ministers. I will draw attention, Mr. Chairman, to but one of these letters, and of that I will read only the first paragraph. It needs no comment:

"SIR: The inclosed copy of a confidential dispatch addressed to the Minister of State, by the Conde de la Alcudia, Spanish Minister at London, was handed me to-day by a private friend, and may be depended on as authentic. As the communication was made to me in the strictest confidence, and as the document is in itself unsuitable for the press, I take the liberty of transmitting it to you-for the President's information-in the form of a private letter, and request that it may not be placed on the public files of the Department of State."

This letter and its inclosure were made public, to blot, to blur, to disfigure, those pages of the history of the country on which are recorded the events of the administration of President Polk. Unrebuked by the people of the country, such betrayals stain the national honor.

Mr. Chairman, in his message the President says, speaking of Cuba: "I should regard its incorporation into the Union, at the present time, as fraught with serious peril."

Here, sir, we are left to infer that at some future time the President will be in favor of its incorporation into the Union. Let us see when he will be. The President proceeds:

The treaty of peace and limits between the United States and Mexico provided, among other things, for the appointment of Commissioners to mark the boundary between the two Republics. Well, sir, our Commissioner, with a liberality truly astounding, assents to fixing the initial point on the Rio Grande, above El Paso, at a point so far north as to yield of our Territory a piece of country larger than the State of Massachusetts. Well, sir, Mr. Gray, the surveyor, protests against this proceeding, and refuses to sanction it by his signature. What is then done, sir? Why, the Administration dismiss-who, sir? Mr. Bartlett? No, sir; Mr. Gray. This is not all,

"Were this island comparatively destitute of inhabitants, or occupied by a kindred race, I should regard it, if volununder existing circumstances, I should look upon its incorporation into the Union as a very hazardous measure. It 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."

If this means anything, it means that the President will be in favor of the annexation of Cuba when its inhabitants, the Spaniards, shall die. Then, sir, will the President be in favor of Cuban annexation, and not till then. In other words, Mr. Chairman, he never will be in favor of it.

It is worthy of remark, sir, that the argument about "kindred races," while it cuts off Cuban and all Mexican annexation, favors Canadian annexation.

But, sir, the aim of this Administration to disfigure those pages of the country's history on

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which are recorded the events of the administra tion of President Polk, by depopulating and abandoning New Mexico; by giving away to Mexico a portion of our territory, or by defeating the peaceful annexation of Cuba, is all in vain, sir-all in vain. This, nor any other Administration, can prevent the natural, healthy growth of this young nation.

Mr. William Darby, one of the most eminent statisticians in the country, has eliminated that the steady, uniform rate of increase in population in the United States, is thirty-three and a third per cent. every ten years. Adopting for the future, what has been constant in the past, we arrive at the result that in fifty years our population will exceed one hundred millions of souls!

Some time since, desirous of availing myself of this gentleman's great experience and knowledge, I addressed him a letter in regard to the rate of our territorial increase. To my letter, Mr. Darby was kind enough to respond, and this letter I now lay before the House for its information and consideration:

WASHINGTON, December 13, 1852. DEAR SIR: Yours of the 4th instant was duly received, but I have not had it in my power to give it what I very much desired, a more prompt attention. The delay I regret, but now proceed to respond, as far as the documents at my disposal, and the importance of the subject, with my ability to do it justice, will admit.

First. You inquire to know, in round numbers, "the extent, in square miles, of the territory of the United States in the year 1783, the date of our treaty with England?"

Secondly. "The extent, as before, in the year 1803, the date of our treaty with France, acquiring Louisiana?" Thirdly. "The extent, as before, in 1822, the date of the ratification of our treaty with Spain, acquiring Florida?" Fourthly. "The extent, as before, by the acquisition of Texas, New Mexico, and California, in 1845 and 1848, which last would be, with the other acquisitions, the present area of the United States?"

You also again require "the rate of increase, or per centum, of national increase of territory."

You again, also, finally require "the period or periods which should be adopted, upon which to base the per centum of increase."

Query first. In regard to the boundaries and extent in square miles of the original territory of the United States, all other authorities whose works I have read, and which as estimated in conformity to the treaty of 1783, Morse, and

works were published soon after the close of the Revolution, or ratification of the treaty of 1783, gave as the amount of the ceded limits, one million of square miles, or six hundred and forty millions of acres. Measured by the rhombs, which I have done myself repeatedly, the area comes out so near one million square miles as to justify the adop tion of that number in the case under review. At the termination of that period of eight years, 1775-1783, to which the people of the United States have given, and rightfully given, the title of "American Revolution," as already stated, the former colonial inhabitants, with a national independence, became proprietors of one million of square miles of compact domain. But of the whole extent ceded, not one tenth part was then (1783) inhabited and cultivated by man. It is safe to say, also, that not one person, who, of those who participated in, and survived the struggle, had, at the date of its successful termination, conceived the most remote idea of the change it had commenced, not alone on the condition of the United Colonists, but to a greater or less extent on that of all mankind.

Of the domain ceded in 1783, not one third part of its surface presented marks of civilization. The colonies whose inhabitants had revolted, and sustained their revolt in triumph, were residents, in the far greater part, eastward of the Appalachian mountains. Of the surface included within the bounds expressed in the treaty of 1783, so little of it was really distinctly known, that much the greater space was land of mystery, and had, at the expense of the worst form of war, to be wrested from savages.

The great event of the Revolution was, however, to give to the world a new sovereignty, in, we might say, a new creation, and with other attributes of grandeur and importance, which time has ever since gradually and steadily developed, but which are yet comparatively in early youth. The subsequent stages of progress since the consummation of the Revolution, bave afforded an index for the past and promise for the future. Summing up such calculations from data so difficult to reduce to definitive certainty, something must be allowed to the yet defect of data; though the great extent of the field of operation lessens the comparative value of minute fractions. But we proceed.

Your second query: Extent of square miles added to the territory of the United States, 1803, by the treaty with France ceding Louisiana. The reply to this query opens to our view an event second only to that of the Revolution of 1783.

Under the rather indefinite general name of Louisiana, with New Orleans for its capital, the province of Louisiana ranged in a northwestwardly direction from the extreme southwardly cape of the now State of Louisiana, north latitude 29° on the Gulf of Mexico, to latitude 49° on the Pacific; extending through 20° of latitude, and inclosing between the extremes at least 15° of longitude. Measuring as carefully as its extremely vague and irregular online would admit and demand, Louisiana then embraced a million of square miles, of which surface perhaps one half spread northwestwardly from the Rocky Mountains to the Pacific ocean.

From its position and natural connection, Florida comes after Louisiana. This now State of the United States is