Texas National Register. (Washington, Tex.), Vol. 1, No. 10, Ed. 1, Saturday, February 8, 1845 Page: 4 of 8
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76
Jfrs .... ti .
TEXAS N'ATION'AE REGISTER.
February S
DEBATE
In the House of Representatives on Thurs-
day the 16th ult. on the subject of J he
Jqcalion of the Seat of Government by the
'people.
Mr. Lewis of Montgomery : As it is my in-
tention to vote against the passage of the bill
I will briefly state my reasous for doing so.
As it now reads it is not a bill for the location
of the seat of government by the people. What
may be its name or cognomen after ip shall
have passed the House and been christened
none of us can determine. That however
is a inattcr of little consequence to me. I am
not opposed as every gentleman in this House
is aware to the location of the seat of govern-
ment by the people. They alone in my
opinion can locate it. For sir there is no
right or power granted by the Constitution or
anywhere else to Congress to locate the seat
of government. It is therelore reserved ex-
pressly to the people and cannot be exercised
by Congress. A refined distinction (not so
ment at1 Austin1 unconstitutional and it is un-
necessary to advert to them now. But. Sir
there is an additional one which to me is ir-
resistible the appointment of the commis-
sioners for making the lo-aiion by the con-
gress which passed the law for the location.
M hat was the object ot ihe Iramcrs of the
Constitution in precluding members of con-
gress from holding any office or pcrformm" a
duty created or prescribed by the congress of
which they are members? It was to "iiard
them from the corrupting influences of pros
pective gain; to withhold that temptation
which acts so powerfully upon us. It does not
matter what is the particular character of the
office. It was created by congress and its
duties nnd emoluments discharged and en-
joyed by members of congress who assisted
in its creation. Thus Sir disregarding the
inhibitions of that section of the Constitution
which declares that no "person holding an of-
fice of profit under the government shall be
eligible to a seat in cither house of congress
very refined either) was taken the other day nor shall any member of either house be eli
by the gentleman from Jefferson in which I
cannot agree with him. He maintains that
the Declaration of Rights is separate and apart
from the Constitution ; and when it is asserted
that all powers not expressly delegated are re-
served to the people reference is had to the
13ill of Rights alone disconnected from and
independent of the other portions of the Con-
stitution ; thus drawing a line of demarcation
between the Declaration of Rights and the
Constitution and gives to each distinct and
separate attributes. In this proposition ( can-
not acquiesce for it is expressly declared that
" this Declaration of Rights is declared to be
a part of this Constitution and shall never be
violated on any pretext whatever;" and fur
ther lt we declare that every thing in this bill
of rights contained and every right not herein
delegated is reserved to the people."
Art. II. sec. I of the Constitution reads thus:
" Congress shall have power to collect taxes
and imposts excise and tonnage duties; to
borrow money on the faith credit or proper-
ty of the government ; to pay the debts and
provide for the common defence and general
-welfare of the Republic." Now Sir it is from
this section of the Constitution that the gentle-
man from Jefferson derives the power to lo-
cate the seat of government ; but the only
sensible interpretation that can be given to it
is that congress may exert the powers ex-
pressly delegated to promote the accomplish-
ment of the various objects expressly desig
nated and to provide for the common defence
and general welfare as connected with them.
In other words that the expressly delegated
powers may be exercised by the congress to
promote the general welfare ; but that none
others shall be arrogated for the promotion of
those objects. But Sir I understand the gen-
tleman to go still further and to assert that con-
gress may do any thing pass any law exert
any power by which in its opinion the gene-
ral welfare may be advanced whether such
power he expressly delegated or not. Such
Sir was not the intention of thoframcrs of
the Constitution and such is not the under-
standing of "it by the people who are always
jealous of their rights and sensible of the dan-
gerous temptations attending the exercise of
unrestricted delegated po.ver. If then Sir
this right is not to be exercised under the pow-
ers conferred by the above grant to congress
you certainly cannot agree with the gentleman
from Jefferson that it is to be derived from
any other portion of the Constitution. The
general welfare doctrine has been long since
repudiated in the United States where it has
been thoroughly discussed- and understood
and I should be sorry to see it resuscitated in
this country: the rights of the people heiti"
swallowed up by it the reservation in their fa-
vor would amount fo nothing. As this power
is not expressly delegated and as I insist the
general grant alluded to by the gentleman from
Jefferson does not impart it to congress ; it is
reserved to the people and the question is with
them alone to settle. Then without dwelling
further at this particular point for I have trav-
elled over the ground on a previous occasion
I will proceed to the discussion of the amend-
ment submitted by the gentleman from Jeffer-
son. Not let me remark that I am opposed
to the location by the people for they alone
have the right under the Constitution accord-
ing to my interpretation of it jsiid to them ul-
timately it must be referred but to the hill in
its present shape I have the most serious ob
jections l'assing over its general provisions
I will take up the amendment 'appended in
this House; it reads thus : ' Be it further
enacted &c That' the sum of $5'000.be ap-
propriated and placed under the control oft he
President for the purpose of removing the nr.v
chives to the city of Austin for defraying the
contingent expenses of the several depart-
ments and in making preparations for the
meeting of the 10th congress at that place'
provided there shall not intervene such an
emergency as contemplated in the Constitu-
tion for the exercise of big discretion." On a
previous occasion I have given my reasons for
believing the location of the seat of govern.
gible to any office which may be created or the
profits of which shall be increuscd during his
term of service." lt is evident that ir was the
intention of the framcrs of the Constitution to
exclude the action of all those influences as
far as was practicable to do so which mirht
have a deleterious and corrupting influence on
the members of congress and by which they
might be induced to depart from the paths of
political rectitude. For myself Sir 1 am not
disposed to be governed by names whether
official or otherwise; but by characteristic
facts and believing that the commissioners
by whom Austin was chosen as the seat of go-
vernment were improperly chosen from con
gress it follows as a necessary consequence
of this improper action that the location was
unconstitutional illegal nnd void ab initio.
RegardingAuslin then as neither the le-al
nor constitutional seat of government I cannot
vote for this appropriation for the heads of de-
partments to go back to that place. I cannot
depart from the principles which I maintained
upon a former occasion.
Bv the amendment the President is intended
to be precluded from the exercise of that con-
stitutional discretion guaranteed to him inns-
much as it assumes that no such emergency
exists as is contemplated by the Constitution
and unless there shall intervene such emer-
gency the President must in obedience to the
imperious mandates of the law unless he
should as he certainly ought to do determine
for himself as to the existence or not of the
emergency betake himself and the heads of
departments to Austin a movement greatly
to be deprecated as it would be attended with
the necessity of a large expenditure by the
government without the remotest prospect of
beneficial results cither to the government or
to the people. Again Sir the amendment to
the bill by which five thousand dollars are ap-
propriated to enable the Executive to return
to Austin is directly in the face of the veto
message which maintains the position that
the public interest forbids the idea of return-
ing to Austin whilst the bill as amended iu
this House requires him unless such emergen-
cy intervenes as is contemplated by the Consti-
tution to return to that place before the meet-
ing of the next congress. Desirous as 1 cer-
tainly am Sir to refer this vexed question to
the arbitrament of the people to whom ir
rightfully belongs I would were it not for the
amendment and alterations which have been
made in this House and by which its charac-
ter has been radically changed vote for it ;
but I cannot now' do so consistently with mv
views of propriety ; and Sir the friends of
Austin being in ihcnscendant may they not
after having effected the return of the seat of
government to' that place repeal the law by
which the selection of the seat of government
is left to the people?
Mr. Armstrong: I had not intended to say
any thing more upon this subject thinking
the House already tired of it. But noticed
as I am I must again impose upon you a few
remarks explanatory of the position I occu-
pied in making the motion to strike out the
preamble and add the amendments. I have a
strong conviction of the necessity which exists
to the people as we leave that of county seats
to the people of the respective counties think-
ing that they knowbest. Let us pass a law
referring the matter to them saying to them
select a place and we will ratify it ; or keep-
ing the various offices at that place thereafter
will be a ratification of their choice. Here I
would ask if this is a right reserved to the
people have we a right to command them to
go and locate it? They may say it is a re-
served right; a change in the government
may come about ; we may become a part of
that great government from which we sprang;
we do not want a seat of government at this
time; we prefer having our land matters ad-
justed; we do not wish to be disturbed ; we
will not meet in general convention to locate
the seat of government. If congress has the
right to order them they are but the agents of
congress ; and if they can do it as agents their
principals can do it. If it belongs to the
people we have 'no right to touch the ques-
tion at all: it is a matter which cannot come
here: it is a reserved right as much ;$ the
right of self-defence or the trial by jury and
cannot be touched or handled heie in any
way. The people alone can call n conven
tion. Where in the Constitution do we find
a clause giving ti congress the power to order
the people to meet and locate the seat of go-
vernment 1 One more remark. It has been
urged because the preamble has been stricken
out that that is a sufficient cause for voting
against the whole bill. 1 cannot see why that
should change the position of gentlemen :
why should that alter the course which thev
intended to pursue? It has nothing to do with
the effectnbility of the bill ; but the preamble
of the bill was offensive to many. It charged
every thing done before as having been done
in violation of oaths ; and every thinr done
O
in consequence of the location as having been
contrary to law and void. For that reason it
should be stricken out. Every president who
has approved bills of that kind must stand
charged with a violation of his oath; and the
same thing with every congress which has
passed them. Let us come to the bill. Some
are in favor of 1845 instead of 1847 ; but let
us take into consideration the state of our land
matters on account of which we have encoun-
tered so many perils: they are now all locked
up at that place. The people of Texas who
have been many years in the country have
endured everything for land and have real-
ized nothing. There are people who have
been here for twenty years and have realized
nothing and their land papers are locked up
there. The location of the seat of govern-
ment is secondary in importance to the Land
Office. When the comparison is drawn be-
tween them the people will be found in favor
of having the:r land claims first adjusted in
preference to the seat of government. Is it
not best to place tiie location of the capita! a
year or two further off and in the mean time
get our land matters arranged? If the location
appointed General iu Chief of the army. The
sameday the President pro tern took his oath
before the Chamber of Deputies to support
the Constitution &c.. and delivered his ad-
dress which was replied to by the President of
the Congress.
On the morning of the 10th about one
o clock a body of cnvHry by order of Santa
Anna took the mint of Guanajuato by assault
and carried off $135(100 which were there'
deposited by and belonging to Mexican citi-
zens. The money belonging to foreigners
IV.'IB luff !. Illll. I ...... I . .
...... .. iiimiui.iK.M uuuKi nnna iiavmtr given
orders to that effect. The money wns im-
mediately forwarded to Santa Anna who was
at Silaoat the time. On the 11th Generals
Pacheco and Amelia forwarded to the same
place $50000 which they had exacted from
the merchants at the fair in Lagos.
The following resolutions werendoptcd by
Congress on the IGth nit. 1st. The authority
of i). Antonio L. Santa Anna as President of
the Republic is not acknowledged he being
in arms against the constitutional Govern
ment. 2d. All acts done by him in this capa-
city are null and void.
We learn verbally that Santa Anna at the
last accounts had cut off all communication
between Mexico nnd the other departments
and was at Jala pa at the head of some two or
three thousand cavalry and a large number of
recruits on his way to the city of Mexico.
iV. O. Tropic.
CONGRESSIONAL.
were to come on now what would be the con
sequences? The President and heads of
de
partments would remain here and everything
would be in confusion. Then as to the amend-
ment 1 offered let us turn to the Message of
the President and we find that he suggests the
propriety of appropriating $5000 to enable
him to return to Austin. It may be supposed
by some because he vetoed the resolution
that he is against the removal ; but he could
not do otherwise than to veto it because it
was mandatory upon him contrary to the Con-
stitution lie stands ready to go when the
appropriation is mader and when the emer-
gency ceases. He is then ready to return to
Austin to get the government together settle
our laud disputes and after that time comes
the location ot the seatot government. The
proviso the gentleman from Montgomery
would say is mandatory upon him to proceed
immediately if the emergency has ceased and
there is no such emergency existing. I did
not so understand it. If any such emergency
comes up without that kind of clause there is
nothing to drive him when the emergency
has not ceased. He is obliged to use bis. di?-
erolion and cannot be controlled. It was in-
troduced only for the purpose of settling the
question and quieting the matter. As to the
that this Congress should settle this great ques- power of Congress in tin's matter is not the
tion. The heads of departments are away location of the seat of government a subject
from the Land Office; and as long as this plainly relating to the general welfare? And
state of things exists it will be impossible for! if not where is the clause authorizing us to
pass a Jaw ordering the people to locate the
our land matters to be settled or quieted or
carried on. Hence the absolute necessity of
a spee.dy settlement of this question. Disco
vering iu this bill a preamble obnoxious to
many members of this House and as 1 be-
lieve entirely unnccessarv 1 was in favor of
striUiug it out. Js it necessary now to excuse
one's self from voting for this bill to say that
the preamble is stricken out? The bill can
be explained without it it explains itself lt
carried with it the declaration that every thing
which ias been heretofore done in relation to
the seat of government had been done in vio-'
lationofthe rights of the people nnd in viola-
latton of the oalhs.of those who acted upon it.
am in favor of this bill on the ground of
leaving the location of the seat of government
seat of government.
LATE FROM MEXICO.
By the arrival of the ship Herman GJhpt-
Welsh in eight days from Vera Cruz we
have received late Mexican papers from which
we gather the following information.
In the Chamber of Deputies on the 11th
ulr. the intercepted letters of Santa Anna to
his ministers were read. In these letters he
gives to understand how easy it would be to
him to put down the revolution. In one of
them -writlten to Senor Rejon he says "1
have just learned the election of Polk to the
Presidency of the United States so we must
prepare for.wnr with that Republic."
On the loth Don Nicolas Bravo was
SENATE.
Thursday Jan. 23 1845.
Reports of Committees.
Senator Muiisou from the committee on
claims and accounts reported unfavorably on
the bill for the relief of dipt. J. C. Hnysanil
asked to be discharged from the further con-
sideration thereof. Senator Pilsbury from
the committee on finance reported favorably
on the bill to repeal the 23d section of an ac't
to raise a revenue by direct taxation.
Senator Caldwell introduced a bill for the
relief of John Hamilton : rule suspended
amended and passed
A committee appeared from the House of
Representatives and announced the death of
the Hon. G. A. Parker a member of tliat body
from the county of Fort Bend.
Senator McCrearey thereupon offered the
following resolutions which were unanimous-
ly adopted.
Resolved -That the Senate have just heard
with deep regret of the death of the late Hon.
Gustavus A. Parker a member of the House
of Representatives from the county of Fort
Bend.
Resolved That a committee of three be ap-
pointed to act iu concert with a like commit-
tee of the House to make suitable arrange-
ments for the burial of the said deceased.
Resolved That the members and officers of
the Senate will wear crape on their left arms
for the space of thirty days as a testimonial of
regard for the memory of the late Hon. G. A.
Parker and of sincere sorrow for his demise.
Resolved Tliat the Senate now stand ad-
journed to meet at the time appointed by the
committee or arrangements to attend the fu-
neral iu a body and that the Secretary of the
Senate furnish the widow o'f the deceased with
a cupy'of these resolutions.
The Chair announced Senators McCrearev.
Greer and Lawrence as a committee under the
second resolution.
The Senate then adjourned.
Friday Jan. 24 1845.
Reports of Committees.
Senator Filsbury from the committee ot.
finance reported favorably on the bill for the
relief of Eli Chandler and others ; also favor-
ably on the hill relative to tonnage duties c
also for the want of time necessary for the
proper investigations asked to be discharged
from the further consideration of the resolu-
tion contemplating the policy of establishing
a system of taxarion ba.-ed 'solely on the a
sessed value of all taxable property ; also re-
ported back for the actum of the'Senatc the.
bill defining the duty of assessors c.i :dsn.
the bill supplementary to an act to raise a re
venue by direct taxation ; also favorably upon .;
the bill-to admit theological books free" of do-
ty. Senator Pilsbury from a select com:nit-t
tee reported favorably with .amendments on-
the bill iu relation to the franchise .of the ferrv;.
at San Luis. Senator Roman from a select
committee asked to be discharged' from the--
furt.hcr consideration of the bill requiring .pwn-
ers of lands jn Goliad Refugio and San Pa-!
tricio counties to have their -lines designated.
Senator Greer from the .committee 'on the
state of the republic reported back with."
amendments the bill to reduce the. annual "'.
compensation of certain officers of8' govern-"'
ment. ' ' .'"' " '!
Orders of the Day.
The bill for ttiie relief of A. WVLuckelU'j
passed:
The hill amendatory of an act to raise a re--
venue by impost duties : amended. and passed
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Texas National Register. (Washington, Tex.), Vol. 1, No. 10, Ed. 1, Saturday, February 8, 1845, newspaper, February 8, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80104/m1/4/?q=communication+theory: accessed June 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.