The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-07-14
IN. C.ilfsrnl. Appelntm.ass.

Union In the States Of Ohio and Indiana, and 10 Ieee %
paid for the same
The CaiifsrnI. Appslnt,asats.
The organ of the administration has made second
attemu no rebut The suspicions which recent develop
ments have fixed mon a portion of General Taylors
cabinet Its first effort convinced that informal
ton relative 10 the California appointments strictly
and literally true. and satisfied that would have
been fully sustained had charged portion Of the cab
met In the first instance. positively and distinctly with
using illegally and improperly the powers OF the govern
ment But its article OF Thursday-whc may be con-
sdersd fully official, since il repubished yesterday
by the National Intslgsncsrremo every doubt and
proves beyond question, if there is any connection be-
tween human motives and human actions, that power has
been illegally used for fraudulent and corrupt purposes
The law cited for the removal Of the two Indian agencies
from the Upper Missour-the Santa Fe, and the
other TO the Salt Lake-fails to justify the The
tves which il is pretended caused these removals could
not have existed And, even admitting the legality OF
all the California appointments yet the unprecedented
order to the Quartemastes and Commissarys depart
mens. directing the transportation and subsistence of the
appoinees and their familieshe manner in which that
order was used to transport and subsst parties Of men
who were unconnected with the government at the pub
lie expense. to the neighborhood Of the gold mnes-and
the futile and untenable grounds assigned justification
Of such extraordinary exercise Of authority fixes upon
the whole transaction the character of systematic opera
ton to de7ud the government, which would never have
been undertaken, and could have succeeded with
out the criminal connivance Of at least one member Of
the cabinet We do not mean, al present advised
to impcae the whole cabinet in this dsreputable trans
action; nor do we know that the whole burden should
rest entirely upon single member But such is our
knJa ~. fc-x kn .-.,, r. tn n
to rely upon his Secretaries, and he weakness of the
Secretary OF War makes him an easy dupe for design
ing colleague.
In our last article this subject we demonstrated that
the 9TH section of the act Of June The 3oth 1884, does no
more than empower the Secretary of War, whose au.
hory an the premises has been transferred TO the Secre
tar OF the Interior TO designate by tribes by geograph
zeal boundaries the limits Of the twelve Indian agencies
created by the 4th section Of the law That is all the
power which the 9TH section of the act cited gives 10
any member OF the cabinet But we contend for the gen.
era principle, that the law which Offices charged
with the regulation OF intercourse with the Indian
tribes cannot be extended without legislative action TO
territories which were not in the Union when they were
enacted Mr. Secretary Ewing cannot ind among all
ms vast powers the prerogatve OF creating civil Offices
in New Mexico and California. No one can fail to ne
al Mr. Polk by the party in power because he exer
csed authority those territories during the war with
Mexico, by virtue of the powers vested in him as CON-
mander-in-chief Of the army and navy of the United
Staies II is known to the whole country that Mr.
Webster declared in the Senate during the last session of
Congress- that the constitution does not extend to New
Mexico and California; and that the territories are
not part OF the United States This is wing doctrine
IL was ably reued at the tne yet il has always been
conceded that il required special legislation to extend
the laws over, and create civil Offices in, our new
territories And accordingly revenue laws were ex
tended by special legislation to the Pacific and author
iiy was given to the Executive appoint collector Of
the customs for the port Of San Francisco and yet The
Secretary OF the Interior has officers 10 execute laws
a country there there are no La,es 10 erecwe We
must be permitted to say. with all due Difference that the
idea is utterly preposterous and rdeulously absurd II
requires exceeding great creduy believe that any one
enietains it, But it is urged that Mr. Polk appointed
a.b-agents for Oregon True; and he had right to APP
point them. the administration had right 10 appoint
sabagent fot the gold region although there is no more
need for such agent the Sacramento than on the
Potomac. subsgency is not strictly an Office: Il is
merely personal appointment at the discretion of the
Executive The death, resignation or dismissal Of SUBJ
agent does not vacancy any more than the DEATH
resignation, dismissal OF bearer OF dispatches An
agency is different Il is an Office created by law and
the law requires that shall be filled by the President,
by and with the advice and consent of the Senate
So much for the legality OF transferring Indian agen.
ees from the Upper Missouri to Santa Fe and the Salt
Lake. We come next 10 the motives which prompted |
the removal The organ preends that il was made to
carry out our treaty stpuaiions with Mexico, to pre-
vent Indian depredaions across our borders, and re-
store captives taken by the Indians inhabiting our
territory. glance al the map will show that this is
a mere pretext. The Rio Grande is not our boundary
farther up than the Pdso del Noe II is on the line be-
low that point that danger to be apprehended yet no
provision has been made for it, The whole frontier lies
open and exposed Santa Fe Is situated far from Mexican
territory anda large detachment ofroops have been sent
10 that place under the command Of Major General
Brooke. There 10 need therefore, of sending an
agent to that point The presence Of Gen. Brooke and
his troops precudes the idea that Col Calhoun can be OF
zee in thst quarter The supposton thai Gen Wilson
was sent the Great Salt Lake prevent Indian in
eursons into Mexico, is absolutely preposterous As we
said the other day, he had well have been sent to
Maine as To- the Mormon settlements. The Salt Lake is
NOT fifty miles from the borders Of Oregon Continuous
mountains. and wilderness Of snow. which we venture
but little in saying no band OF Indians has ever passed
separate from the tribes dangerous to Mexico The