more likely to be fitted out from that quarter than from any part of the Atlantic coast; but I understood him to say, further, and, doubtless to say correctly, that there was no point upon that extended sea-coast where such an expedition could have been fitted out but at San Francisco.

Mr. GWIN. My reason for that remark was this: San Francisco is a city of large population. In other portions-in the sparsely-settled parts of the country-an expedition of this sort could not have been gotten up without such notoriety as would have defeated its object.

Mr. MASON. I understood it so; and it is certainly no reflection on the people of the city of San Francisco to say, that because from the number of the population and the facilities given there, it is the only point where such an expedition could|| have embarked.

waters, lest such a thing should occur, is a policy new and unheard of.

Now, sir, a few words in reference to this particular. matter. The city of San Francisco has a population of some sixty or eighty thousand inhabitants as well armed, and perhaps better armed, than any population that you can find on any other part of your coast border. If that population has neither the ability nor the means of preventing these expeditions from being fitted out, it will be useless for the Federal Government to attempt it, unless it employs a large portion of the Navy for that purpose. I am against using the Navy for any such purpose as a preventive measure. I am against its going out to the country that there is any necessity for such a use of the Navy. And if the purpose of the resolution be to serve as an admonition to the President, as the Now, sir, I have understood the policy of this sense of the Senate, that the Navy must be so country to be, to rely upon the people of the coun- used, I, for one, must vote against it. Sir, I am try to protect each other by seeing to the due exe- not personally informed as to the facts, but I have cution of the laws. Our Federal Government has no doubt, from what we see in the newspapers, no police distributed throughout the country for that the President has taken measures, and effithe purpose of seeing that the laws are executed; cient measures, to prevent the recurrence of these and I will say to the Senator and to the Senate, that transactions, without the use of armed ships stawhen the day comes that we must have an armed tioned at the ports of California to prevent them. police, by land or water, to see to the execution of All I wish to do, is to protest against any such the laws of the United States, the days of the lib-policy as that the Navy is to be enlarged, or is to erties of the country are numbered. I protest || be used for the purpose of preventing our own against any such policy being avowed in the Senate people from violating their own laws. or adopted by the country.

Mr. DAWSON. Mr. President, the turn which Sir, I read the proclamation of the President this debate has taken makes it a very important this morning, and he has done only what his pred-matter for the country to understand really the ecessors have done from the days of General Washington down, whenever they have had reason to believe that there were existing lawless combinations for the purpose of violating the laws, or that any such would be formed. In such a case it is the duty of the President to issue a proclamation, advising his countrymen of the consequences of such violation of the laws. And why is it issued? It is issued for the very purpose of giving notice to the people of the country that such combinations are likely to arise, in order that the people may put them down.

grounds which give origin to it. I did not understand the Senator from California to make any charge against the late Administration or the present Administration for a want of discharge of duty. The question which now arises is this: Has the President of the United States sufficient means of defense subject to his government to meet all the incidents which may occur in this large and extended country? Have we an army sufficient? Have we a navy sufficient? These are the questions which naturally propound themselves on an occasion of this sort. Have we forgotten that, Who ever heard of stationing a ship in any one under the treaty with Mexico, we are bound to of our ports for the purpose of preventing expe- protect the line of frontier between the United ditions from going abroad? Sir, if a ship were States and Mexico from Indian depredations? Is stationed in the Chesapeake Bay, or in Hampton it not now well understood that already claims Roads, within the limits of the State which I have against this Government, arising out of that treathe honor to represent here, for the purpose of ty, amount to something in the neighborhood of teaching her people their duty, I apprehend they || $20,000,000? and will it be forgotten that the late would be false to the reputation which they have Administration called upon the Congress of the acquired from their fathers, if they did not de- United States to give it the means of carrying out mand that that ship should be removed; and if it the treaty, and protecting the Mexicans and the were not removed, they would remove it them- Americans on either side of the line? Were the selves. What, sir! is the policy of this Govern- means granted? Were the two mounted regiment to be to station ships in our ports for the ments which were asked for by the late President purpose of preventing the people there from vio- of the United States and his Secretary of War allating the laws of the country, and implicating us lowed? No, sir; but the appropriations necessary with foreign nations? Never! For one, I should to carry out that request were denied; and denied be disposed to hold any President to account who by whom? Not by the Executive, but by the did it. I mean, of course, as a general policy-as legislative department of this Government; and if a general measure of safety. Doubtless, when any deleterious consequences have arisen the fault the occasion arises, when there is a proper and is here, with us. substantial reason to believe that such an expedi- Have we forgotten what transpired only twelve tion is about to be fitted out, it is the duty of the months since, when the very idea suggested by President, if he believes it necessary, upon his my friend from Virginia, the chairman of the high responsibility, to use the forces of the coun- Committee on Foreign Relations, as to the suftry to prevent it; but I say that the idea of keep-ficiency of the civil power of the country to protect ing ships in our ports, or anywhere upon our this Government, and to put down all attempts at

filibustering, was brought forward? Was it not then thought that the courts alone were to attend to these matters? Then, I know, some members here regarded the effort of the last Administration | to stop the Cuban expedition as a wrong interference, and it was said that the civil authority alone should interfere in these matters.

Now, sir, I did not understand the Senator from California as making any charge against the Government on any of these accounts. All that he desires is to know whether the Government is in an attitude sufficient to protect its honor, and to maintain its standing, and its obligations towards foreign nations? I say it is not. Our military force is not sufficient, and our Army must be increased; not with the idea of having a standing army thrown upon the country for no necessary purpose, but for a far different reason. From the extension of our country, our sea-coast, within the last four years, has been doubled, and it requires a much larger force to protect it than was formerly required.

The divisions which have, at previous times, existed between parties in this country relative to a standing army or a large navy cease to exist, because the present condition of the Army and Navy does not come up to the requisitions of either of the great parties of the country. Protection is the only object of this proposed increase. The object is not to place an incubus upon the country by an overwhelming army for needless purposes, or by a navy to rot in your docks; not so. Our character as a nation has grown; our importance as a nation has grown; and our dignity now can alone be maintained, with that respect due to it from foreign nations, by the power to enforce any obligation that may exist upon us as a nation, and any duty that may exist on the part of the citizens towards the Government.

was not done. Look at the extent of frontier line between us and Mexico, and then let the future tell this country what millions will have to be paid, under that treaty, by this Government to to the Mexicans, on account of our failure to carry out its obligations. Then, when we ask you for the power to do so, and it is not done, who is to blame? Do not charge it upon the President of the United States, or upon the Executive Department of the Government, but upon yourselvesthe representatives of the people, who, for the purpose of keeping down the appropriations, have voted against them to gratify the people at home, who are unacquainted with these facts; and you have thus brought our present unfortunate condition upon us.

A word now in relation to the Navy. I have voted for every increase of the Navy which has been presented since I have been here, for it has been presented in detail. The Committee on Naval Affairs, headed by my honorable friend from California, has reported, for the last three or four years, in favor of an enlargement of the Navy; and for what reason? To protect our sea-ports, to protect our commerce, and to interdict these filibustering expeditions, which are so well calculated to dishonor this Union abroad. Who failed to carry out these propositions which were thus presented? The representatives of the people.

Why, then, will any man insinuate upon this floor, or anywhere else, that the late or the present President of the United States, and their various heads of Departments, have failed to do their duty? They have uniformly, boldly, and strenuously recommended to us to do what they thought we ought to do; but we, in our wisdom, turned a deaf ear to their suggestions, and pronounced that the people would not like to see our appropriations so large. When we stopped the approNow, sir, what I wish to say is this: We have priations for a few millions, by the simple striking gradually gone on disappointing the hopes and ex- out of a line, we opened a flood-gate of claims pectations of the various Administrations in this against this country amounting to three or four regard. President Fillmore foreseeing, like a judi- times the sum by which we diminished the approcious man, what was the growing condition of this priations. When those claims shall be presented, country, and what would be its necessities, called if I shall be honored with a seat on this floor, I upon us years ago to increase the Navy, and to shall attempt to give a historical sketch of the increase the Army, to give to the Executive De-action of this Government in relation to these partments of the Government the power to enforce all the duties which are required of them. Have you done it, gentleman? Who cut down the appropriations for military purposes, and for naval purposes during the last year? The reports of our proceedings in the Senate and the House of Representatives will tell. Is the failure of the representatives of the people to provide for these things to be charged upon this Administration, or upon the late Administration? Certainly not. The fault is here, sir-not with the Executive.

I am no friend to a large standing army. I have never given a vote with that object in view; but I am prepared, as one of the members of the Committee on Military Affairs, to which I have belonged since my first entry into this body, to say that the military force of the country should be increased. That committee has, from time to time, in accordance with the recommendations of the President of the United States, asked you to increase the Army. It was not done. They asked you to provide for raising two mounted regiments to enforce your treaties, and carry out honestly and honorably your obligations. That

appropriations, from the time of the ratification of the treaty with Mexico down to the present day; to show who it has been that failed to strengthen the arm of the Executive Department in order to carry out the obligations which were incurred under that treaty.

Now, sir, a few words as to the expedition of which my friend from California has been speaking. That is one of the incidents belonging to a republican form of government. It is one of the incidents belonging to the peculiar character of that section of the country, where the lands, as the honorable Senator observes, are thrown open, and we are asked to go in and protect the people by giving them a better government than they now have. Men can be found everywhere, not only in California, but in every State of this Union, whose better feelings, not whose disposition to rob and to steal, would prompt them to go and take the control of the Government, in order to mitigate the despotism inflicted upon those people, and give to them a prosperity which they never had before. Because they have gone there they are said to be censurable. How? As citizens, I am

Printed at the Congressional Globe Office.

AN INQUIRY

INTO THE

CONSTITUTIONALITY

OF THE

TWELFTH, THIRTEENTH AND TWENTY-FIFTH SECTIONS

OF THE

JUDICIARY ACT OF 1789.

SAN FRANCISCO:
PRINTED AT THE SUN NEWSPAPER JOB OFFICE,

No. 72 Merchant street, adjoining Montgomery Block.

1855.