Mr. JOHNSON. In regard to that one, (pointing at a page in front of the Clerk's desk,) I will state that he never was in here until this session. So my friend from Kentucky [Mr. MASON] is mistaken in that case.

Mr. MASON. We told them we had no authority to pay them, and that the House had the control of the whole thing. I happen to be upon the Committee of Accounts, where I find out that there are a number of persons who have a number of boys, more than they have any employment for, and they are at me daily and hourly to get them employment; and because I am chairman of the Committee of Accounts, they seem to suppose that I have particular influence with the officers of the House. They are smart, intelligent, clever, active boys, who would like to get $60 a month, and $200 or $250 at the end of the session.

So far as these boys are needed by the House for the public service, I go, as the gentleman from Tennessee does, [Mr. JONES,] for their appointment. Those who are employed now are good, patient, active, and intelligent boys, and will be, when they get experienced, fully able to perform all the duties required by the House. Most of the old ones were turned out; but these are improving every day, and doubtless will render, after a little more experience, all the service that the gentleman from Arkansas desires of them; and I suppose that we need no more. That is my judgment of the matter. There are hundreds and thousands seeking employment, and I wish everybody had $25 or $50 a month, [laughter;] but I do not think we ought to put every one upon the contingent fund of this House. The number is already enormous. We have forty different clerks in this House who are paid out of it already.

Mr. JONES. I concur with the gentleman from Kentucky, [Mr. MASON,] and would rejoice if all these boys could be employed. We have them here, and they are an active, sprightly, and as accommodating as any I have ever seen in the House; but I must act upon my judgment and conviction, that twelve is a sufficient number for the business of this House, and I cannot consent to vote for this resolution.

Mr. STEPHENS, of Georgia. I suppose, Mr. Speaker, that the minds of members are made up upon the resolution, and wanting to proceed to some business, which I can only do to-day, I call for the previous question.

The call for the previous question was sustained, and the main question ordered.

Mr. FOWLER moved to lay the motion to reconsider upon the table.

Mr. JONES demanded the yeas and nays; which were ordered.

The question was then put, and it was decided in the negative-yeas 79, nays 88; as follow:

YEAS-Messrs. Willis Allen, Allison, Averett, Babcock, Barrere, Beale, Buell, Joseph Cable, Lewis D. Campbell, Caskie, Clark, Cleveland, Clingman, Cobb, Daniel, John G. Davis, Dimmick, Dockery, Dunham, Edgerton, Evans, Faulkner, Ficklin, Floyd, Fowler, Gaylord, Goodenow, Gorman, Grow, Hall, Hamilton, Harper, Isham G. Harris, Hascall, Haven, Hendricks, Hibbard, Hillyer, Horsford, Howard, Thomas Y. How, Ives, Jackson, Jenkins, Andrew Johnson, John Johnson, George W. Jones, Preston King, Kuhns, Kurts, Letcher, Mace, Humphrey Marshall, Martin, Mason, McLanahan, McMullin, Meade, Miller, Millson, Moorehead, Murray, Olds, Peaslée, Perkins, Phelps, Riddle, Robbins, Ross, Smith, Benjamin Stanton, Stratton, George W. Thompson, Townshend, Tuck, Watkins, Wells, Addison White, and Wildrick-79.

NAYS--Messrs. Abercrombie, Aiken, Andrews, John Appleton, William Appleton, Ashe, Thomas H. Bayly, Bartlett, Bennett, Bibighaus, Bocock, John H. Boyd, Breckinridge, Brenton, Briggs, Brooks, Albert G. Brown, George H. Brown, Burrows, Busby, Thompson Campbell, ChandJer, Chapinan, Churchwell, Colcock, Cottnian, Cullom, Curtis, Dawson, Doty, Duncan, Edmundson, Gentry, Giddings, Gilmore, Sampson W. Harris, Haws, Hebard, Henn, Holladay, Houston, Thomas M. Howe, James Johnson, Robert W. Johnson, J. Glancy Jones, Landry, McDonald, McQueen, Meacham, Molony, John Moore, Morrison, Nabers, Newton, Orr, Andrew Parker, Samuel W. Parker, Penn, Penniman, Price, Richardson, Sackett, Schermerhorn, Schoolcraft, Schoonmaker, Scudder, Scurry, David L. Seymour, Origen S. Seymour, Smart, Snow, Stanly, Frederick P. Stanton, Abr'm P. Stevens, Martin, Stuart, Sutherland, Taylor, Thurston, Wallace, Walsh, Ward, Washburn, Welch, Alexander White, Wilcox, Williams, and Woodward-88.

[A message was here received from the Senate at the hands of ASBURY DICKENS, Esq., their Secretary, informing the House of the passage, by that body, of certain bills.]

The question recurred on the motion to reconsider.

Mr. JOHNSON, of Arkansas, demanded the previous question, which received a second; and

the main question, being the motion to reconsider, was ordered to be now put. Mr. JONES demanded the yeas and nays; which were ordered.

The question was then taken upon the motion to reconsider, and it was decided in the affirmative-yeas 94, nays 81; as follow:

YEAS-Messrs. Abercrombie, Aiken, Andrews, John Appleton, William Appleton, Ashe, Thomas H. Bayly, Bartlett, Bell, Bennett, Bibighaus, John H. Boyd, Bragg, Breckinridge, Brenton, Briggs, Brooks, Albert G. Brown, George H. Brown, Burrows, Busby, E. Carrington Cabell, Thompson Campbell, Chandler, Chapman, Conger, Cottman, Cullom, Curtis, Dawson, Doty, Duncan, Dunhamn, Edmundson, Gamble, Gentry, Giddings, Gilmore, Gorman, Sampson W. Harris, Haws, Hebard, Henn, Holladay, Houston, Thomas M. Howe, James Johnson, Robert W. Johnson, J. Glancy Jones, Landry, McCorkle, McDonald, McQueen, Meacham, Molony, John Moore, Morrison, Murray, Nabers, Newton, Orr, Andrew Parker, Samuel W. Parker, Penn, Penniman, Porter, Price, Sackett, Savage, Schermerhorn, Schoolcraft, Schoonmaker, Scudder, Scurry, David L. Seymour, Origen S. Seymour, Smart, Snow, Stanly, Frederick P. Stanton, St. Martin, Stuart, Sutherland, Taylor, Thurston, Wallace, Walsh, Ward, Washburn, Welch, Alexander White, Williams, and Woodward-94.

NAYS-Messrs. Willis Allen, Allison, Averett, Babcock, Barrere, Beale, Bocock, Buell, Joseph Cable, Lewis D. Campbell, Cartter, Caskie, Churchwell, Clark, Cleveland, Clingman, Cobb, Colcock, Daniel, John G. Davis, Dimmick, Dockery, Durkee, Eastman, Evans, Faulkner, Ficklin, Floyd, Fowler, Thomas J. D. Fuller, Gaylord, Goodenow, Grow, Hamilton, Harper, Isham G. Harris, Hascall, Haven, Hendricks, Hibbard, Hillyer, Horsford, Thomas Y. How, Ives, Jackson, Jenkins, Andrew Johnson, John Johnson, Daniel T. Jones, George W. Jones, Preston King, Kurtz, Letcher, Mace, Humphrey Marshall, Martin, Mason, McLanahan, McMullin, Meade, Miller, Millson, Morehead, Olds, Peaslee, Perkins, Phelps, Krehardson, Riddle, Ross, Smith, Benjamin Stanton, Abraliam P. Stevens, Stratton, George W. Thompson, Townshend, Tuck, Watkins, Wells, Addison White, and Wildrick-81. So the vote was reconsidered.

The question now being upon the adoption of the resolution,

Mr. FICKLIN demanded the yeas and nays. Mr. McMULLIN. I understood from some gentleman that if the motion was reconsidered, that the gentleman from Arkansas [Mr. JOHNSON] would modify his resolution somewhat. This understood, not from the gentleman himself, but from another member. Was there such an understanding?

Mr. JOHNSON. With the unanimous consent of the House, I will modify the resolution so that, instead of there being added three to the number of pages, provided for by the resolution, there shall be exactly the number we have now upon the floor. If I have unanimous consent, I will make that modification, and not otherwise.

There was no objection to the modification. The yeas and nays were not ordered; upon a division there being-ayes 24, noes 114.

Mr. McMULLIN demanded tellers; which were not ordered.

The question was then taken, and the resolution was adopted.

Mr. JOHNSON, of Arkansas. I rise to a privileged question. I move to reconsider the vote by which the resolution was adopted, and to lay the motion to reconsider upon the table.

Mr. KING, of New York. It has been reconsidered once.

The SPEAKER. It having been reconsidered once, it is not competent to reconsider it a second time.

Mr. PHELPS rose to a privileged question. Mr. CHANDLER. I ask unanimous consent of the House, to offer some resolutions of the Legislature of Pennsylvania.

Mr. HOUSTON. I was going to make an appeal to the gentleman from Missouri, [Mr. PHELPS,] to let me have the floor to make a motion that the rules be suspended, and that the House resolve itself into the Committee of the Whole upon the state of the Union. If the gentleman from Missouri shall call up the contested election case, as a privileged question, it will consume the whole of the time accorded by the House to the consideration of the deficiency bill, to which I directed attention a few days since.

Mr. PHELPS. In reply to the suggestion of my friend from Alabama, I have to say that it is right this question should be disposed of soon. It is liable to be called up at any time, and it may be in my absence.

CLAIMS OF MILITARY OFFICERS.

Mr. STEPHENS, of Georgia. If the gentleman will allow me, I appeal to the House for its unanimous consent to take up, from the Speaker's

table, Senate bill No. 44, and refer it to the Ma tary Committee. It is a bill providing for the settlement of claims of officers, who received money during the Mexican war. One distinguished off cer (General Riley) has been here at a high per sonal expense, for two or three months. It is a matter of importance to him, that this bill should be acted upon. There can be no objection to its being taken up and referred to the Committee on Military Affairs.

There was no objection.

The bill, being an act in addition to, and amend atory of, an act entitled "An act to provide for the settlement of accounts of public officers and others, who may have received moneys arising from military contributions or otherwise in Mex co," approved the 3d of March, 1849, was read a first and second time by its title, and referred to the Committee on Military Affairs.

Mr. STANTON. I have in my hands memorials and petitions, which I desire to submit and have referred to a committee.

CONTESTED ELECTION FROM NEW MEXICO. Mr. PHELPS. I cannot yield further, I must insist upon going on with my privileged question.

On the other day I presented to the House the memorial of A. W. Reynolds, contesting the right of the present Delegate from New Mexico (Mr WEIGHTMAN] to a seat upon this floor. At that time, I did not propose to enter into a discussion of the merits of the question; nor do I at this moment, for I will do nothing

Mr. HOUSTON. With the permission of the gentleman from Missouri, I will interrupt him. I was not here when the gentleman submitted has remarks a few days ago, upon the introduction of the memorial relative to the right of the presert Delegate from New Mexico to his seat; and if the whole merits of the proposition shall be gone into upon the introduction of the memorial and upon its reference to a committee for the purpose of s quiring into the matter, it seems to me that the whole time of the ensuing week will be consumed If the debate has not proceeded so far as that the gentleman will be compelled to pursue it further, I would be glad, if it would comport with his notions as well as those of the Delegate, to let the reference be made without delay. Then, the upon report of that committee, the whole merits of the question can be discussed.

Mr. PHELPS. I will give a word of explanation to my friend from Alabama, and it is this: when I presented the memorial, I confined myself briefly to the allegations contained in it. I submitted it under the rule which requires a member, presenting a petition, to succinctly state its points. After having done that, I moved that the memorial be referred to the Committee of Elections and be printed; and upon that I remarked, as charges had been made against Governor Calhoun of corrupt interference in the elections in New Mexico, that I proposed to submit a few words in relation to that matter. That is the condition of the case. I had not previous to that time intended to have said anything in relation to the right of the gentle man from New Mexico to a seat upon this floor. I did not desire to do anything which might prejudice his interests. At & subsequent time, not be ing present, the gentleman from New Mexico desired to debate this matter.

Mr. HOUSTON. I understand, then, that y friend from Missouri has not gone into the dis cussion that will necessarily grow up connected with the right of the Delegate to occupy a sest upon this floor. And his proposition now, if I understand it correctly, is, that he will go into a discussion of the charges which have been made against the Governor of that Territory with refer ence to corrrupt interferences by him in the elec tions of New Mexico. If the gentleman from Missouri persists in that course of argument, desire to submit to the Chair this point of orderwhether in the House, in reference to memoria's contesting the right of the Delegate from New Mexico to his seat, it is in order to discuss the corruptions charged against the Governor of that Territory? My object in doing so is to save time, which I desire to be appropriated to other business. I make that point of order.

The SPEAKER. In reply to the gentleman from Alabama, the Chair would remark that a motion is made to commit and to print, which, in the opinion of the Chair, must open up whatever

tation--of their standing before they emigrated to that Territory. Of the others I have learned from many of my constituents, who, when having returned, spoke of the transactions which had occurred, and of the gentleman who figured in the

The SPEAKER. That is connected, as the gentleman from Alabama will remember.

Mr. PHELPS. With the elections of that Territory.

The SPEAKER. The Chair overrules the point of order as at present presented.

Mr. PHELPS. After the interruption of my friend from Alabama, I proceed to advert to the charge which is made in the memorial upon the point which I now propose to discuss. The second allegation charges the Governor of New Mexico:

"Your memorialist charges that the Governor of New Mexico exercised a corrupt influence in the Territory generally, in favor of the Delegate who is returned as elected, both previous to and during the pendency of the election." I entertain the opinion that if there is evidence tending to show that this charge is substantiated or could be substantiated-that the Governor of one of the Territories of the United States has interfered in the elections which have taken place in the Territory of which he is the chief magistratethat it is a matter of proper animadversion upon the part of the legislative department of this Government. The only redress which can be administered is that made at the other end of the avenue, by the decapitation of that man who will prostitute his official station for the purpose of promoting party purposes and party views. On the other day, when this memorial was presented, a gentleman from Georgia (Mr. JOHNSON] inquired of me what evidence I had of a corrupt interference upon the part of the Governor of that Territory in elections. I do not come here with legal testimony taken in the court of justice or before a judicial officer, but I propose to speak of public acts and public proceedings which have taken place in that Territory and under the very nose of the Governor, which thus far have been permitted to go uncontradicted, or at any rate, not contradicted in the manner in which these charges were made against him. IfI find a gentleman of respectability charging that a man has been interfering in elections, I do not desire to inquire into the legality of the testimony; and if I am satisfied that that gentleman is a man of respectability and truth, I have the right here to use that evidence and consider it legal. The gentleman from Georgia assents to that proposition; and that is the kind of evidence with which I am prepared and fortified upon this occasion.

Mr. JOHNSON, of Georgia. Will the gentleman from Missouri permit me to ask him the names of the witnesses whose testimony he relies upon to establish the validity of these charges?

Mr. PHELPS. I will present them in their proper order, and I think to the entire satisfaction of my friend from Georgia. I do not propose to conceal anything in relation to this matter. As the interference of the Governor is the only point under consideration, and the honorable Delegate from New Mexico the other day declared that he could not sit still any longer when charges of this kind had been made against the Governor of that Territory, I have only to say, that the gentleman is more anxious for the defense of the Governor's reputation than the Governor himself. I know that it is one thing for the Governor of New Mexico to stand fair with this Administration-with the appointing power which may decapitate him; but it is immaterial for his own party purposes as to how he stands with the people of New Mexico. I am, to a certain extent, made acquainted with this transaction from the fact that of the American born citizens residing in that Territory, I presume more than one half-probably two thirds-have been residents of the State of Missouri, and many of them residents of my district. I know somewhat, therefore, of their repu

have obtained information of the character and the standing of citizens of New Mexico.

I desire now to advert to the proceedings of a public meeting held in the city of Santa Fe shortly after the election of the Delegate to Congress, which was attended by some of the most influential citizens of New Mexico-American born citizens. These individuals went further than a mere participation in the proceedings of the meeting, and signed a manuscript containing all the allegations made in the resolutions passed at that meeting,

NEW SERIES.....No. 48.

of his own aggrandizement-the basest of all motives; and by so doing he is jeoparding the peace, security, and lives of the American citizens. The exercise of his authority in interfering in the elections for his personal aggrandizement, is a corrupt interference; and thus the charge contained in the memorial is fully sustained. This conduct calls for rebuke and condemnation, and is my excuse for commenting on it. A remedy can be easily provided-his removal; and that remedy can be administered by the Chief Magistrate of this na

tion.

I ask if this evidence is not satisfactory to my friend from Georgia, [Mr. JOHNSON;] and if it is not sufficient for me to declare, upon the assertion of these respectable gentlemen, that the Governor of New Mexico has interfered in the freedom of elections? I ask you, then, if the allegation con

There were other matters considered in that meeting. A respected citizen of that Territory-tained in the memorial of the contestant, that the a gentleman who emigrated from Missouri-had been brutally murdered in the county of Bernalillo, and there was a meeting of the citizens called to take that matter into consideration. They demanded an interference on the part of the Executive, to cause those persons who had been charged with the murder of Mr. Skinner to be brought to justice. I will not advert to the hearing between the committee of citizens of New Mexico and the Governor, when they appeared before him to make known their complaints. Upon their reporting to the meeting which had then been assembled, after the interview with the Governor, certain resolutions were adopted. Let me tell the gentleman from Georgia [Mr. JOHNSON] I will speak of the character of some of those men who participated in the proceedings of that meeting. Preston Beck, jr., was the presiding officer. I do not see the gentleman from Indiana, [Mr. GORMAN,] who has informed me of the character of that gentleman-a gentleman of high respectability and character in the State of Indiana, from which he emigrated. He gave character to the proceedings of this meeting. A gentleman by the name of St. Vrain was also present, who was born in the State of Missouri-a trader for a long time in that Territory-a gentleman of respectability. The committee reporting the resolutions consisted in part of Messrs. Brent, Folger, Webb, and Tuley-gentlemen of respectability in that Territory. This meeting was held the 25th day of September last, and here are three of the resolves which were passed upon that occasion:

3. That the attempt, in such a country as New Mexico, to bring executive authority into conflict with the freedom of elections, is attended with peculiar dangers; that it sets free a spirit of license which, once inflamed, knows no stopping point short of the extremest violence; and that any Governor of this Territory who, from personal motives and private objects, so exerts his authority, is too ignorant of the elements with which he is dealing, or too reckless of consequences, to be intrusted with such authority a day beyond that in which he can be removed from the place which he so abuses.

4. That it is the opinion of this meeting, and, as we believe of nine tenths of the American citizens of this Territory, that the course pursued by James S. Calhoun, the present Governor of this Territory, is such a course as we have denounced in the foregoing resolution; that the effect, if not the intention, of the movements he has set on foot, as we believe, for his own aggrandizement, is to confirm instead of softening the prejudices with which the Americans are naturally regarded by their Mexican fellow-citizens, and is calculated to produce the most injurious influences upon the best interests and solid prosperity of this Territory, by tending to make it impossible for Americans to live in it.

5. That we know not where to look for relief, except at the hands of the President and Congress of the United States; that we implore them to take into consideration a condition of affairs which is not only so threatening to the comfort, safety, and lives of the American citizens of this Territory, but which, if not amended, will prove fatal to every hope of improvement and progress in it. That we do not presume to dictate the mode by which such a deplorable condition shall be amended; but we respectfully suggest that a change at the head of the government here, by the substitution of a clear-headed and honest man, of upright purposes, free from personal ambition, and keeping steadily in view the real interests of this country, would be one mode by which a reform, not only so desirable, but of most urgent necessity, may be accomplished."

These resolves, in substance, charge that James S. Calhoun, Governor of the Territory of New Mexico, has brought executive authority in conflict with the freedom of elections for the purpose

Governor had exerted a corrupt influence, is not also true? There seems to be a party which he must subserve. There were certain things which, it seems, this executive must endeavor to promotethey may, perhaps, (though not probable,) be for the interest of the people, or they may be for his own private advancement and aggrandizementwhich causes him to exercise his influence at the hustings, to have some person returned to the Legislative Department to do his will and bidding. I have before me a copy of a letter which has been addressed by certain citizens of New Mexico to the President of the United States-where they make the same complaint which is contained in this memorial, and upon which I am speakingbringing several other accusations against him. I do not propose to advert to the others. I only propose to advert to what they say in relation to the interference of the Governor in the elections of that Territory. This letter is signed by William S. Messervy, known to those who were members of the last Congress, as a gentleman who was attending here, claiming to be the Representative of the State of New Mexico, when the gentleman [Mr. WEIGHTMAN] from New Mexico appeared with his credentials, claiming his seat in the Senate as a Senator from that State. It is also signed by a gentleman of the name of Houghton, who was appointed one of the judges of New Mexico, under the code which was established for the government and regulation of affairs in New Mexico by General Kearny, at the time of its conquest, and held that office until the establishment of the territorial government. It is also signed by the contestant in this case, James S. Collins, formerly a resident of the State of Missouri; but who, for the last six or seven years, has been a resident of New Mexico; also, by Messrs. Johnson, McGrorty, Tulles, and Quinn. Some two or three of these gentlemen, whose names are subscribed to this letter, have been residents of the State of Missouri, and with their reputation and standing while residing there, I am well acquainted. Their reputation and standing were good-their veracity unquestioned. I now propose to read some extracts from this letter. They remark:

"Governor Calhoun recently caused, by proclamation, an election to be held in the county of Rio Arriba, to fill a vacancy in the legislative body. Two candidates were placed before the people-one by the Governor's party,' the other by the Independent party. Thus the issue was fairly made up, and the election was to take place on the 3d of November. A few days before the election was held, a second vacancy occurred, by resignation of another member. The Governor, well advised of the strength of parties in that county, and aware that, in a fair contest, his candidate would not be elected, without hesitation resorted to one of his usual unscrupulous tricks to carry his point. He did not issue his proclamation for election to fill the second vacancy, but merely sent a written request to the Judge of Probate of the county, requesting him to have two candidates voted for. This letter was dated on the 28th of October, but could not have reached the Judge of Probate before the evening of the 30th of that month; and as the election was to be held on the 3d November, no notice could have reached the people, and, consequently, no candidates were brought out for the second vacancy. [The law requires that proclamation shall be given of all elections ten days before the election.]

"The election took place, and the Independent' candidate was elected by over one hundred majority, and the defeated candidate of the Governor's party came in for the

second vacancy, and was declared elected, permitted to take his seat, and served during the session-was, in effect, created a member of the Legislature by appointment of the Governor."

The law requires and I have a copy of the election law of that Territory-that a proclamation shall be issued by the Governor, ordering the Probate Judge of the county where the vacancy occurs to issue his writ of election. The Probate Judge is required to give ten days' notice of the election, by public proclamation and by handbills, to be posted up at the most public places in each precinct, announcing the object of the election, officers to be voted for, and the place where said election is to be held. No complaint is made of that election as far as filling the vacancy which first occurred. But a second vacancy in the Territorial Legislature occurred. The Governor is required to see that the laws of that Territory are faithfully executed. Disregarding the law, the substance of which applicable to this case I have stated, the Governor sends a letter to the Probate Judge of the county of Rio Arriba, (so say these gentlemen, and I have no doubt of the fact,) informing him that a second vacancy has occurred in the representation from that county, and requesting him to have the second vacancy filled at the special election then about to take place. does not give the Probate Judge time to comply with the election law. The legal notice cannot be given; the people of the county cannot be apprised of the fact that an election for the second vacancy will take place. The independent candidate is elected by a majority of more than one hundred, and the candidate of the Governor's party-the defeated party-is, by some legerdemain, transferred to the Legislature to fill the second vacancy. Well may these gentlemen say the Governor created a member of the Legislature. This whole proceeding was irregular and illegal, from its inception to its conclusion. It was a wanton disregard and flagrant violation of law. It of itself establishes the charge of a corrupt interference in the elections.

He

I propose to read another extract from this letter. These gentlemen remark:

"In summing up the above, we charge the Governor with using the high and responsible position he occupies in fer menting disorder among the mixed portion of the inhabitants of our Territory, and pandering to the passions and prejudices of a people (already excited to feelings of deadly hatred by the aggressions of the war) against the Americanborn citizens, residents among them, thereby jeoparding life and property, destroying the best interests of the Territory, and retarding the development of its resources. war of the races-in other words, a sanguinary civil conflict-will, we fear, be the bitter fruits of his wanton, reckless, and selfish policy, if longer permitted to pursue it.

A

"Instead of making himself the Governor of the Territory, he has set himself up as the head of a party, known and recognized by himself and friends as the Governor's party; rallying around him a corrupt Catholic priesthood, and a few wealthy Mexicans in the Territory. With these instruments, he has obtained a Legislature subservient to his purposes, and has filled all the subordinate offices of the Territory with creatures who acknowledge no law but his will; thus rendering the elective franchise of no avail, and destroying the hopes entertained by the friends of liberal institutions, of elevating a people to the rank and privileges of American citizens who, for two centuries, had been suffering from the effects of an arbitrary and despotic Jule. Instead of giving them examples of political propriety, and teaching them the value of political integrity, he has encouraged them in the practice of all that is mean in political chicanery, and protected them in the perpetration of perjury and murder.

In bringing about this deplorable condition of affairs for the purpose of making the government of the remote Territory of New Mexico a unit, and that unit himself, he has cut himself off from nearly the entire portion of the American population, and now stands at the mercy of those whom he has gathered around him; depriving himself of all power to do good, should he repent himself of his selfish aims, and be disposed to reform the people whom he has made more corrupt and insubordinate than he found them. Thus all is confusion and ruin. We have no quiet, no safety, no security. We have law, but it cannot be enforced. Those of his party may commit any crime their interests or their passions dictate. He must protect them, or fall. The consequence of his miserable and mistaken policy has been, that outrages the most execrable and crimes the most hor

rible have, in many instances, been resolved into political affairs, and dealt with or not dealt with, according to parti san considerations. So long as the General Government send us such officers, who work for the building up of a party or a particular interest, rather than attend to the interests of our people, we shall have but little cause of grati

tude for her maternal care."

I have now produced that kind of evidence upon which these charges have been based. I know nothing in relation to these transactions, of my own personal knowledge. I have never been in the Territory. But I speak from information obtained from gentlemen of respectability. They have been willing to place their charges in a tan

gible and unmistakable form, and they not only charge on the Governor of that Territory, corrupt interference in the elections and internal affairs of the Territory, but they also charge him with combining with the Mexicans for the purpose of prostrating the American-born citizens who are there. I trust that, as I have referred to this letter, giving the names subscribed to it, and which is a copy of one which has been submitted to the President of the United States for his consideration, I have presented evidence sufficient to justify me in everything I have said in relation to the conduct of the Governor of New Mexico.

As I remarked the other day, so far as concerns the right of the gentleman from New Mexico to a seat upon this floor, I had no desire, nor have I now, to say anything. The Governor of that Territory may have been guilty of all which has been charged upon him, and which I have brought evidence here to-day for the purpose of substanating; and still the right of the gentleman from New Mexico to a seat on this floor may not be affected by it. It was only in consequence of a desire, on the part of the gentleman from New Mexico, to have an opportunity of defending the Governor of the Territory which he represents, that I felt disposed to present these charges to the House, believing, at the same time, that, in so doing, I was doing my duty as a legislator; and that this House, looking to the good of the whole country, and particularly of the people of New Mexico, might be able to judge whether Governor Calhoun can promote the interests of this Government by remaining any longer at the head of the executive department of that Territory. For, sir, it must be recollected that this Governor of the

Territory, also fills another very important office; he is ex officio Superintendent of Indian Affairs for that Territory, and is authorized by the Government of the United States to negotiate treaties-ifit is necessary that treaties shall be negotiated-with the Indian tribes in that Territory. If, then, he has improperly discharged the duties of his office as Governor, are we not warranted in the suppotion that, on coming to examine into the Indian affairs of the Territory, we may find that he has been guilty of improper conduct in the performance of those duties also?

I have thus briefly referred to the matters which I intended to present to the House. I would, the other day, very cheerfully have answered the inquiry propounded to me by the gentleman from Georgia, [Mr. JOHNSON,] but I thought that in the absence of the gentleman from New Mexico-and I did not know he was not present when I rose to address the House-it was right to postpone this matter, relating to the affairs of New Mexico and its Governor, until he should be present to hear what I might have to say upon the subject.

One word more upon a matter to which I intended to advert. Captain Reynolds, the gentleman who is contesting the right of the Delegate from New Mexico to his seat upon this floor, has not presented evidence to substantiate the charges which he here makes, because he has received information from New Mexico that it has been impossible for the attorneys employed to take testimony in his behalf, in consequence of executive influence, to call together two alcaldes, or justices of the peace, for the purpose of taking the evidence at the times and places appointed. I will read a brief extract from a letter upon the subject, addressed to Judge Houghton by Mr. Pillans, a lawyer of that Territory:

"It is impossible to obtain the testimony for Reynolds. The Ex. "[Executivej "puts every obstacle in the way, and it is absolutely impossible to get two alcaldes together at the term that notice is given, and if taken illegally, W. "[Weightman] "would object. I have striven hard to effect it, and have done nothing at last."

This is the reason why the testimony does not accompany the memorial. Captain Reynolds was obliged to repair to this city, but he left the matter in the hands of two attorneys, whom he employed to attend to the taking of evidence for this contest. The presentation of the memorial has been delayed, in the expectation that the testimony would arrive in time to be presented to the House with

the memorial.

Mr. WEIGHTMAN. Mr. Speaker, I was anxious, the other day, that this question of privilege in regard to the seat of the Delegate from New Mexico should come up, not for the purpose, as I then stated, of making any objection to the printing of that memorial and the accom

of ens

panying papers, or to their reference to the Com mittee of Elections, but for the purpose tradicting, promptly and at once, the gross charges which have been made against the honorabi gentleman who is now Governor of New Mexic I regret that he has not a better advocate thes myself on this occasion. I regret that he has to forceful BRECKENRIDGE or brilliant MARSHALL to stand up here in his defense. But such as I am, I bring to this question the highest regard for that honorable gentleman, and admiration of his ecerse in New Mexico. In my belief, the honorable Governor of New Mexico has pursued a course calculated to make the Mexicans-who have bee separated from their Government by no act of theirs, and who now owe allegiance to the Gover ment of the United States-feel that they are a least a part of this Government; that they have rights here that ought to be protected; and that the Government to which they belong was created by the people, and ought to be administered for their benefit. The elevation of policy and motives which distinguish the Governor of New Mexice, I believe is not appreciated, and cannot be appre ciated by some of those who would injure and bele him. Against the Governor of New Mexico there have been arrayed divers and powerful influences. I think I am well enough acquainted with my cor trymen to know, that when they understand tai powerful influences are brought to bear agains any individual, aud that there is an attempt crush a man who is in the discharge of high and honorable duties, the mere knowledge of that fact will make those influences powerless.

I shall allude, now, to one of those influences. I am about to read from a newspaper which, I under stand, has the largest circulation of perhas ar paper in the Union; I mean the National Era. It is the number of February 26th, and the article is headed:

"SCOUNDRELISM IN OUR TERRITORIES-KIDNAPPING UNDER A GOVERNOR'S LICENSE.-We publish on our fect page an editorial from the Deseret News, disclosing a stre of things in our Territories which demands the immed attention of the Chief Executive. According to the sta ment, Governor Calhoun of New Mexico is no betterth an infamous kidnapper. Gangs of traders, with li

bearing his name, authorizing them to purchase Int children, as slaves, for the benefit of persons in New Me have lately been driven out of the Territory of Utah. Bad as the Mormons are represented to be, they are not sode ish as to connive at this new trade in human blood, whs2 a United States officer, appointed by Mr. Fillmore, seem ambitious to establish."

"The apprehension evidently prevails that proper atten tion to territorial grievances may lead to discuss questions connected with slavery; and that any enlightened attempt to redress them, may involve, unavoidably, the ercise of a power over the Territories, which the coagro mise virtually abandoned.

"O, how this infernal Element of evil-the slave power, obstructs all useful and beneficent legislation!"

Now, I wish to refer to the article from the Deseret News, to see how much authority the

editor of the Era had for that statement:

"SLAVE TRADERS IN NEW MEXICO AND UTAH LICENSED BY GOVERNOR CALHOUN.We find the following in the New York Herald:

"The United States officers who returned from [m, have stated that persons were expelled from the Tem if they became obnoxious to the censure of the Mar authorities. The following is a copy of an editorial art in the News, in relation to a regularly licensed trader, who it seems was not well regarded by the saints:

"A copy of a license given to Pedro Leon to trade with 'the Utah Indians, signed by James S. Calhoun, Supe tendent of Indian Affairs, dated Santa Fé, August 14, 1851, attested by D. V. Whiting, has fallen under car 'servation; and we understand the said Pedro Leon w at Manti, in the county of San Pete, on or about the instant, accompanied by about twenty Spanish Mexicans 'trading and desiring to trade horses, for Indian children, firearms, &c.; and we are also informed that there are tire other companies, of about the same size, and from the st.) source, one of whom holds a blank license, dated Exer tive Department, Santa Fe, New Mexico, July 30, 1834. signed by J. S. Calhoun, Superintendent of Indian A 'fairs,' authorizing said blank holder to proceed to the Salt af 'Lake county, in the Territory of Utah, for the purpose trading with the Utah Indians in said region."" And that is all. He does not say for the purpose of trading for Indian children, as slaves.

There are other parts of this article which it is not necessary for me to read. But the Deseret News, the quoted authority of the Era, does not confirm the statement, that by the license of Gor ernor Calhoun there has been authorized trade in children of any kind, notwithstanding the reckless and unscrupulous statement of the National Era. This is one of the influences to which I alluded. This influence, brought to bear against Governor Calhoun, may be traced in a kindred paper

Santa Fé, edited by a gentleman who is an agent of the American and Foreign Anti-Slavery Society, who does little else than malign the Government, the gallant Sumner, commanding the troops in New Mexico, and the humble individual who now addresses you. This society is a powerful one; and it is one of the chief influences which has been brought to bear against the Governor of that Territory.

To show the design of the National Era, in its reckless and unscrupulous statements in reference to Governor Calhoun, I wish to read a letter which I wrote at the request of General Foote. I wrote it early in the present session of Congress. I desire to read it in connection with the comments of the National Era, in which the editor makes the threat that I shall be made to feel for my contumacy, if I continue the course which I have thought proper to pursue. Here is the letter:

WASHINGTON, December 16th, 1851.

MY DEAR SIR: In compliance with your request, I give you my views as to the popular feeling concerning slavery in New Mexico.

The popular feeling in New Mexico is, I believe, fixedly set against that country being made the arena in which to decide political questions in which the people have no praetical interest, and all attempts which have heretofore been made, or which hereafter may be made, to induce the people of that country to take sides on a question in which they are not at all interested, have been, and will, I trust, forever be, utterly abortive.

There are in New Mexico a few negroes, in all, as shown by the census, seventeen; and of this number there may be as many as five or six slaves-house-servants of officers of the Army and others.

There has, up to this time, before the judicial tribunals, been no case of a negro held to slavery suing for his freedom. When such a case shall occur, it will, in my opinion, be adjudicated without popular excitement of any kind, though the people are, I believe, opposed to the introduction of slave labor amongst themselves; and when the time shall come when they shall think proper to seek admission as a State of the Union, they will, I am inclined to think, should there be in their opinion danger of the introduction of slave labor there, prohibit it. But as there is at this time no such danger, there is no excitement on the subject; and as I see in the future no likelihood of the introduction of slave labor there, I apprehend that the popular mind will, as DOW remain calia on this point, and the question of prohibitng, admitting, or remaining silent, concerning slavery, wille treated simply as a matter of policy in reference to being admitted into the Union. To show the freedom from excitement of the people on this uestion, I refer you to the fact, that in the State constituti on of New Mexico, of last year, though slavery was prohibited, the undersigned, though falsely denounced in the only newspaper in New Mexico as a slavery propagandist, was elected to the Senate by an overwhelming vote; and this, too, despite the general knowledge among the members of the Legislature that he was in favor of so arranging the slavery clause as to effect our admission into the Union, and without regard to any other circumstance whatsoever. I was confident that no constitutional provision could bring about the introduction of slave labor there; and, bei rig satisfied with the substance, did not trouble myself about a prohibition of what could never affect us. And this, I believe, is the popular feeling in New Mexico.

We in New Mexico have suffered too much already, by having our soil made use of by others as a political battlefield over which to settle the slavery question, to again permit it to be so used if we can avoid it. It is, I believe, the fixed determination of the people to take no sides on this question which in no way practically concerns them. When the question comes up, we will treat it simply as a matter of policy, by which to facilitate our admission into the Union. Once admitted, we can do as we choose. We desire the friendship of all; entangling alliances with none.

A vigorous effort was this year made to interest the people in this vexed question, but all in vain. A document entitled "Address to the Inhabitants of New Mexico and California, on the omission by Congress to provide them with Territorial Governments, and on the social and political evils of slavery," was industriously circulated in New Mexico, in the Spanish language, by an agent of the American and Foreign Anti-Slavery Society, who is at this time the editor of the "Santa Fe Gazette," in the columns of which paper he is republishing occasional chapters of this document. In this is drawn a comparison, more highly wrought than true, between the North and South in reference to state of education, state of morals, state of religion, disregard of human life, disregard of constitutional obligations, population, military weakness, &c. conclusion, the people are urged to set up an independent government, "unless exempted from the curse of slavery," and are promised, in that case, the assistance of the "whole North." I send you an English and a Spanish copy.

In the

You will perceive that the unscrupulous persons who are urging the law-abiding New Mexicans to the commission of treason, and promising assistance they have no right to promise, have signed their names to the document.

This attempt to draw the simple, pastoral, and unarmed people of New Mexico into an act of treasonable resistance to the powerful Government to which they owe and yield allegiance, will meet with the profound indignation it deserves from all parts of the United States, but not more profound than the contempt it met with in New Mexico.

Though supported by the only newspaper in New Mexico, whose editor is, as I have stated, an agent of the American and Foreign Anti-Slavery Society, no excitement took place in New Mexico, outside of the immediate family of the editor, clothed though he was in the garb of a missionary-a minister of the Gospel-a minister of peace.

If there are any persons in the United States who desire

to colonize slaves in our Territory, I apprehend there would be no objection on the part of the people of New Mexico, let the decision of the courts be what it may. Perhaps the attempt would be beneficial; it would at all events settle the question, and effectually thwart any further attempt to make New Mexico the scape-goat to bear the burden of a question which concerns her not. We object to being made the scape-goat, and would prefer not being made use of even as an illustration.

Should the courts in New Mexico decide that slaves may legally be held, then I am sure that no popular excitement would follow; and I am equally sure that those who embark in the colonizing experiment will speedily send or sell their slaves out of the Territory. Slave labor will not pay in New Mexico, and in that is comprised the whole ques

tion.

We desire to be in a position in which Congress, unembarrassed by the slavery question as regards us, may direct its attention to legislating so as to promote the interest of that neglected and sympathy-deserving section.

This letter I place at your disposition, to be used as you may think proper, though not written with that carefulness as regards periods, or with the compactness I would desire. Very respectfully, your obedient servant, R. H. WEIGHTMAN.

Hon. H. S. FoOTE, U. S. Senate.

I give this letter for the purpose of showing what are the sentiments, or the absence of sentiment, that the National Era takes ground against, and the reason for its hostility against me. this letter the Era comments as follows, in its paper of January 1, 1852:

On

"Mr. WEIGHTMAN AND NEW MEXICO.-Mr. Smith, former Delegate from New Mexico, was rejected by the Senate as nominee for the Secretaryship of the Territory, because he had once written an address to the people there, advising them to exclude slavery on economical grounds. He was a Kentuckian, the son of a slaveholder, and not an abolitionist. But he had offended against the majesty of slavery and that was a deadly sin.

"His successor, R. H. Weightman, has taken warning, and bends the knee in time to the ruling power. In a letter from him, dated December 21st, 1851, to Mr. Foote, and read a few days ago in the Senate, he undertakes to vouch for the utter indifference of the New Mexicans on the question of slavery. He says they cannot be persuaded to take sides, and that all the arts of designing people to excite them against slavery have failed.

"To show,' he says, the freedom from excitement of the people on the question, I refer you to the fact that in 'the State constitution of New Mexico, of last year, though 'slavery was prohibited, the undersigned, though falsely 'denounced in the only newspaper in New Mexico as a slavery propagandist, was elected to the Senate by an 'overwhelming vote; and this, too, despite the general knowledge among the members of the Legislature that he 'was in favor of so arranging the slavery clause as to effect our admission into the Union, and without regard to any 'other circumstance whatsoever."

"He says that when the question shall come up, i we 'will treat it simply as a matter of policy by which to facil'itate our admissiou into the Union. Once admitted, we 'can do as we choose. We desire the friendship of all; 'entangling alliances with none."

"He is exceedingly anxious to impress upon the slaveholders, that the people of New Mexico have not the slightest objection, in principle, or on the ground of a moral sentiment, to slavery; that could it live there, it would encounter no hostile feeling. In a word, he sees nothing at all objectionable in a system which brutalizes the colored man, and degrades the poor white man.

"If there are any persons in the United States who de'sire to colonize slaves in our Territory, I apprehend there would be no objection on the part of the people of New 'Mexico, let the decision of the courts be what it may. Perhaps the attempt would be beneficial; it would at all events 'settle the question, and effectually thwart any further at'tempt to make New Mexico the scape-goat to bear the bur'den of a question which concerns her not. We object to being made the scape-goat, aud would prefer not being 'made use of even as an illustration.'

"Should the courts in New Mexico decide that slaves 'may legally be held, then I am sure that no popular ex 'citement would follow; and I am equally sure that those who embark in the colonizing experiment will speedily 'send or sell their slaves out of the Territory. Slave labor will not pay in New Mexico, and in that is comprised the whole question.'

"What can be expected of a Territory, the first act of whose first Delegate is one of abject submission to the slave power?

"We trust Mr. Weightman may live long enough to learn that servility to a sectional interest 'does not pay.'"

It may be that the National Era and those whom it represents may make me "feel," because of the views I conscientiously entertain; and if, in its endeavors so to make me "feel," it is as unscrupulous in its attacks on me as it has been on Governor Calhoun, I doubt not I will be shown up in a way to induce the subscribers of that paper to believe me a monster of iniquity.

There is another newspaper in the United States that has thought proper to take up the cudgels against Governor Calhoun. It is the "St. Louis Republican.' This paper has the largest circulation of any paper west of the Alleghany mountains -at least I am inclined to think so-and was built up by the energy and enterprise of the editor, who is the proprietor also. As the circulation of this paper increased, so did the views of its editor enlarge, until he has at this time, I believe, taken

under his sole control the whole State of Missouri, not only as regards its general policy, but he can tell you who is the best man, of all the men in the country, to be brought out as constable for any parish in the State. He has extended himself also to the State of Illinois, in the same way, and will be able to give the members from Missouri or Illinois excellent advice as to the way in which they are to conduct themselves in Congress.

He has also attended, generally and largely, to the Indian policy of the Government, and knows more now about the Indians lying between Behring's Straits and the southeast corner of Texas, than Fitzpatrick or any of those old mountaineers, intelligent and educated men who have spent forty years among the mountains; and if the Government could only be persuaded to turn over to the editor of that paper the charge of the Indian affairs, they would be placed upon a bottom as broad and substantial as the editor's, and all that old "fogyism" about Indian policy, begun by John C. Calhoun and continued by his successors, in the War and Interior Departments, would be securely shelved forever.

He is also able to give excellent advice in regard to the contiguous potato patches of New Mexico, Utah, Oregon, and California, and should the circulation of his paper be still further extended, will be found quite competent to regulate the affairs of the universe. This paper, for some reason which I will not undertake to determine, published, with apparent pleasure, anonymous articles which were abusive of the Governor of New Mexico; and while he did this, it was with a great deal of difficulty that the insertion of any publication, in the nature of a defense of that gentleman, could be obtained, although the communication might not be anonymous. I refer to a communication of my own which appeared in the paper, after a considerable contest with the editor, and which was over my own signature, and which I will read in the course of my remarks. Whether the general disposition of this editor to publish assaults on, and indisposition to publish defenses of, Governor Calhoun, is attributable to his desire to arrange the world's affairs generally, to the fact that his nether integuments too tightly fit him, or to the fact of his residence in a mercantile community, and that the merchants of New Mexico have been pleased to combine themselves against Governor Calhoun, or whether it is attributable to the myriads of "toddies" that he has drank with certain merchants, with whom he has affiliations, in New Mexico, I will not undertake to determine. But that he is prone to attack, and indisposed to defend, is the fact. I suppose that he is the representative of the mercantile interests in New Mexico. That is one of the influences which is brought to bear against Governor Calhoun. This influence is more extended and ramified than might be supposed. The Santa Fé merchants owe five, or twenty, or fifty thousand dollars to St. Louis merchants, to Boston, New York, or Philadelphia merchants, and all of them are interested in being paid their money, and to that extent are interested in carrying out the views of the Santa Fé merchants.

There is another, a military influence in New Mexico, which has been brought to bear against this worthy Governor, of which I shall presently speak. The petition of my honorable contestant contains in itself matters and averments altogether sufficient for a defense against all the charges contained in the memorial, and, indeed, I may say against all the charges, bearing directly or indirectly on the election, that have been put before this House by the honorable gentleman from Missouri, [Mr. PHELPS.] This memorial sets forth that a notice of his intention to contest my election was served upon me in New Mexico, and that that notice of contest contained this charge of improper and illegal interference on the part of the Governor of New Mexico, and of his corrupt influence in the election. It acknowledges, also, the receipt of my answer, which denies that interference and corruption. Here, then, is the issue made up; and according to the law of the United States, passed by the Congress of the United States, regulating the mode of taking testimony in cases of contested elections, there was a fixed mode in which to take testimony. Now, the question is,. why was not that testimony taken? Here is the reason, as set forth in the memorial:

"The following is an extract from a letter directed to

your memorialist by P. J. Pillans, Esq., dated Santa Fé, December 29, 1851:

"Mr. Ashurst and myself have made two attempts to 'take the depositions for the contest; but it is absolutely 'impossible to get two justices of the peace together at one time. Why, I cannot tell; but I can very shrewdly guess.'

When, Mr. Speaker, you turn to the law of Congress, prescribing the mode of taking testimony in cases of contested election, it will be found that those gentlemen had no right to go before two justices of the peace for the purpose of taking such testimony. They are not the officers They might, therefore, as prescribed by law. well have averred that they could not get two old women together for the purpose of taking the testimony, because of the corrupt influence of Governor Calhoun.

Then the reason why, after the issues were made up, no testimony was taken, was, that no two justices of the peace could be got together; and, at the same time, it is a fact that two justices of the peace do not constitute the proper tribunal before whom to take the testimony.

Here are the officers prescribed by section third of the act prescribing the mode of taking testimony in cases of contested election. I read from the law of Congress:

"SEC. 3. And be it further enacted, That when any such contestant or returned member shall be desirous of obtaining testimony respecting such election, it shall be lawful for him to make application to any judge of any court of the United States, or to any chancellor, judge, or justice of a court of record of any State, or to any mayor, recorder, or intendant of any town or city, which said officer shall reside within the Congressional district in which said contested election was held, who shall," &c.

The contestant in his memorial has made reference to this very law, and he knew that they ought to take the testimony according to it; and yet they did not try to take the testimony in accordance with it, because they dared not meet the issues. The officers before whom the testimony should be taken are a judge of any court of the United States, the chancellor or judge of any court of record, the mayor of any city or town. These are the officers prescribed by law.

Now, I ask any candid man if it was the bona fide intention to place a statement of testimony before this House which should be reliable and not to be misunderstood, would not any man lave gone to Judge Watts or to Judge Mower, United States Judges, in preference to any New Mexican alcaldes, to take testimony in English? That is the question. But there is a very good reason why it might be advantageous to take the testimony before two Mexican alcaldes, who did not understand the idiom in which the testimony was to be taken. One of these gentlemen, who is charged with taking the testimony, is a forger-known to be a forger by the contestant-Ashurst, Merrill Ashurst, a refugee from Alabama. There is the reason at once why, instead of going before the officers prescribed by law, they come here and say that they could not take this testimony, because, forsooth, they could not get together two justices of the peace. The law did not permit them to take testimony before such officers, so long as there was one of those officers whom I have mentioned in the Territory of New Mexico.

Section tenth of this same act is as follows: "That when no such magistrate as is, by the third section of this act, authorized to take depositions shall reside in the Congressional district from which the election is proposed to be contested, it shall be lawful for either party to make application to two justices of the peace residing within the said district, who are hereby authorized to receive such application and jointly to proceed upon it in the manner hereinbefore directed."

There is the case in which, and in which only, the testimony may be legally taken before two justices of the peace. But if justices of the peace were inserted in the third section as the proper persons to take lawful testimony, I submit it is pregnant with suspicion, that, when it is a notorious fact that Judge Watts, appointed from the State of Indiana, (an honorable gentleman whose character needs no eulogium from me,) and Judge Mower, appointed from the State of Michigan, (also of deservedly high character,) were in that Territory, they should seek to go before two alcaldes-alcaldes elected by the people of New Mexico, who, of course, having the majority, elected alcaldes from their own countrymen-who did not understand the idiom in which the testimony was to be taken. I stated, therefore, that in this memorial there was sufficient to vindicate Governor Calhoun from the charges set forth in the memorial. The issue was made

The objection that the Governor's proclamation, dated the 8th of August, was not printed or distributed until the 13th, is, I respectfully suggest, one of which you can take advantage, inasmuch as the proprietors and controllers of the only press in New Mexico are your partisans. No one is better informed than yourself that, since the sale of said press (conducted by yourself) by order of the quartermaster's department, in the year 18-, the control of it has been with your friends, never having been uninfluenced, either as editor or proprietor, by your own chief and confidential clerk, Mr. T. S. J. Johnson, late an officer of the 8th infantry, United States Army.

If, then, the failure to print, and, consequently, to distribute, is in any wise a tort, it is one of your friends, or yours, of which you can take no advantage.

*

I rest the validity of my election on the ground that I have, as appears by the returns, a large majority of the legal votes of the Territory.

* * *

That my majority has been much decreased by acts of organized violence of your friends, thereby intimidating the people, and driving them from the polls; this at the ranchos of Taos, and, at least, one other precinct of that county, and also in other parts of the Territory. That, in order that the popular will may be truly reflected, which is the aim and object of an election, the votes thus lost to ine should be added to the majority I now have on the face of the returns. * That officers of the army have themselves voted, and sent their soldiers to vote, and in one case brought or marched them in a body to the polls, and otherwise illegally and improperly interfered with the elections. That at least one officer of the Army was in company with a number of armed men, (not soldiers,) who were engaged in acts of violence which did intimidate the people, and prevent a number of them from voting for me; this at the ranchos of Taos. That the precinct at the ranchos of Albuquerque was assailed by a body of armed men-Mexicans and Americans, partisans of yours, headed by one Candido Ortir, supported by at least one soldier and two wagonmasters recently in the employ of the quartermaster's department, with the intent of preventing the people from exercising their right of voting at the election; and though this outrageous attempt was frustrated by the spir ited resistance of the indignant people, the circumstance will furnish one link in the chain of testimony I will bring out, that there was a design on the part of your friends, military and civil, by violence to prevent the people from voting for the undersigned, and thus thwart the popular will, and bring about your election; your election which, according to the popular belief, was to bring about the recall of the troops from the frontier, and the reinstatement of the quartermaster's department, in its late strength and influence, in this Territory.

You charge illegal and improper interference of the executive in my behalf. This I deny; and charge improper interference of the military generally, and of the quartermaster's department in particular, aided and abetted by the sutiers, corn contractors, et id genus omne, who draw profits from the presence of the army in the interior, and from an extravagant administration of the quartermaster's department, and have no interest in the Territory I have the honor to represent.

Your obedient servant,

Captain ALEX. W. REYNOLDS,

R. H. WEIGHTMAN.

Assistant Quartermaster, U. S. Army.

A short account of the military government whichxisted in New Mexico, will account for many of the circumstances which have happened; will furnish the key to many of the charges brought against Governor Calhoun; and will, in particular, account for the fact that I stand here, returned by a large majority. This history will show, that I stood up for the people to protect them against outrageous violence-outrages the most insufferable ever perpetrated anywhere. In order first to give an idea of the combinations of parties at that day, I will read from the Union, of October 8, 1850,

"SIR: I desire to correct an error into which the editer of the Union has fallen. The error is contained in the lowing paragraph of the editorial of October 6, entitled The Late Session:"

"Scarcely was the new President installed, when it be 'came known that the commissioner of Texas, sent to or 'ganize counties in the Santa Fé country, had been foed by the troops of the United States, and that the mildary 'commandant, acting under instruction from Mr. Cras 'ford, had set on foot a movement for forming a State goernment in the Territory claimed by Texas.

"The idea that the State movement was set on font a New Mexico by the military commander, or by any ind ence other than the will of the people, is so injurious to New Mexico, now applying for admission into the Uni as a State, that I deem it to be my duty to correct it; and] doubt not the columns of the Union will be open for the correction of any and all errors into which its editor may have unwittingly fallen-and particularly should the error, as in this case, seriously involve the happiness and well-be ing of a large and respectable community, which is justy entitled to the esteem and sympathy of the people of the United States.

"So far from it being the fact that the State movement a New Mexico was set on foot by the military commander, the reverse is true.

"The State movement was set on foot by sixteen ciriians, citizens of the United States-some of American and some of Mexican blood-some Democrats and some Whis -some natives of southern and some of northern States. Their address to the people appeared in the columns of De 'New Mexican,' December 8, 1849, and was replied to by a counter address in the columns of the same paper, signed by sixty-two other civilians, among whom were inche all the judges of the circuit courts, the prefectos, the se iffs, the alcaldes, and in fact the great body of the officers of the civil government of the military commander, cå of whom held their offices at his absolute will and pleasure.

"The State movement was by them denounced as a f tious movement, and the movers as the Alvarez fatos As the movement progressed, it was discovered that the military commander had a decided leaning towards the ritorial party-indeed, his acts were decidedly partisan, and against the State party.

"The State party at the late elections triumphed in every county but one, and did so despite the partisan acts of the military commander, despite the almost unanimous oppo sition of the judges, prefectos, alcaldes, &c., who held th offices at the will and pleasure of the military command, and despite the almost unanimous vote of the employees the quartermaster's department.”

The same combination exists now. Here is the Quartermaster, and his friends are here with him. I have merely wished to show that the present opponents of Governor Calhoun are the legitimate successors of that old military party, and that it is no wonder the man who opposed it should stand here, elected triumphantly by the people, and with out the necessity of the improper or corrupt inter ference of any one. I continue from the article in the Union:

"The civil officers, who held their offices at the will and pleasure of the military commander, were about one h dred and fifty in number, were distributed over the whole country, and all of them, except about five or six, opposed to the State movement. They were, of course, in a state of organization for any purpose in which they thought proper to act together, and the power they could bring to bear and did bring to bear; that they were not particularly scrup lous in their action may be inferred from the following ex tract from the memorial of the Legislature of New Mexico to the Congress of the United States."

This was a part of the United States then. I want every one to understand where such out rages were committed in open day:

"The inhabitants of New Mexico, since February 2, 1848, have groaned under a harsh law, forced upon them in time of war, when they were thought undeserving of

'confidence.

"The military is independent of and superior to the civil 'power.

The inhabitants have no voice or influence in making the laws by which they are governed.

"Some power other than the Congress of the l'aited 'States, has made judges dependent on its will alone for the tenure of their offices, and the amount and payment of their

'salaries.

"Some power other than the Congress of the United States has subjected us to a jurisdiction foreign to the Con'stitution and unacknowledged by our laws. "We are taxed without our consent, and the taxes, whe collected, are not applied to the public benefit, but emberzled by officers irresponsible to the people.

"No public officer in New Mexico is responsible to the 'people. Judges, unlearned in the law, decide upon life, liberty, and property. Prefectos and alcaldes impose fines, and incarcerate without the intervention of a jury. "Alcaldes assail the right of the people freely to exercise their religion without restriction, and dictate to congrega tions what priest shall administer the sacraments of the

'Church.'

"The full extent of the power to control and injure, which this unrestrained and organized band of office-bod ers wielded, can only be entirely understood when it is known that the military commander held to no accounta bility civil officers charged with assaults upon the religion of the country, and embezzlement of the public funds. "The influence of the quartermaster's department in the late elections was by no means an inconsiderable one.