Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-24

| sentation in the Convention, and are preparing
to sci up and act for themselves. The TesulI may
be that Two conventions will be held, Two consli
lutions formed and presented to Congress; Wit
/ in view OF lie embarrassmenls of the questions
may reject them both and leave California with
out Government-unlessC Congress ilselt organ
Use government with misrepresentation clause
which will be presented 10 Old Z.ck, as bitel
cbalice returned 10 his own lips. This gros
usurpaIion OF power en- the part Of the Presiden
and his cabinet, will probably be..lhe very mean
OF breaking up scheme which was though, 10 b.
well devised. Il is an arrant blundsr, which may
retrrn in more senses than one, 10 plague The
inventors. Had the Taylor cabinet allow
ed things to pursue their natural course
the people of California would have, Of thei
owe accord, organized government, which
might have passed Coneress-bul, in their eager
ness TO keep shut the veil around The Prophet
opinions on the Wilmot Proviso, they have pro
baby defeated their own object, and their at
tempt 10 coerce the people of California by armet
force 10 form a Government may arrest
whole affair, and still longer expose the peo
pie Of California 10 lawless anarchy, ant
subject themselves 10 public e1ecralion FOL
"naked usurpations OF power" and 10 The fear
full necessity of forteiling The waning confidence
Of either The North or the South, by showing
their hands On the slavery question.
We forbear further remarks on question
frausht with momen;ons considerations. BY thi:
act The managers of General Taylor have aimed
fearful blow al The Constitution, and will sink
themselves still lower in public opinion. Blu, &c
the remarks OF Debows admirable Review:
"lt the treaty had provided that The former
Mexican laws should continue in force, il would
require The exercise OF the proper legislative pow
er 10 terminate the authority OF all, excep, such
as are political, by repeating them. But an x
press agreement in The treaty, ior The contiati.
ance Of The obligation OF Inc political laws OF
Mexico in the territories, would be void, as The
treaty making power is Incompetent TO give au-
thoriy 10 laws which would be inconsistent with
The constitution. If a Mexican law prohibited
slavery in the territories while thew belonged 10
Mexico, stipulation in the treaty Tor its contin.
uance, could not rreserye i.s Authorities in the
ceded country alter j! became a territory OF The
United States. Tue effect Of The cession would
DC 10 aLnu. the law, Upon the ground OF its res
pugnance 10 the constitution OF The United States.
But the acquisition Ot these territories does not
present The case OF country corqac I'd and re-
l.nguiShed, or coded TO Inc United States. with
laws, The obligation Of which The treaty secured.
The feeble Mexican government which existed
once over small part OF The territories, Lad been
snrver'ed, aud upon lis ruins, military gurc.e-
ment established, by the authority Of the Presi.
dent OF The United STATES, in his character Of
Commandcr-'n.Chief OF the American army,
before The treaty WAS made. The military gov.
or ment existed al The tine OF the ratification OF
The treaty, by the government nl The Uned
States and Mexico. The legal effect Of the ces-
sion was 10 terminate The military government
and The Conquered and ceded territories were lei
without government or civil laws. II there
we're government d. fa,to in the territories il
would derive lis authority from Inc implied AS
sent 0i the Inhabitants 10 the power il exercised
anG majority OF them CONSISTS now Of Ame-
rican citizens Some Of these were there al
the conquest, and a The date OF The cession, and
others have migrated there since Tine Mexican
government and laws bad been oyertnrown, be-
lore nine.ten.hs of them established themselves in
the country; and hey have done no act since, for
which their assent can Be implied 10 The re-estab-
lishmens CT any Of The laws If the old local. civil
government There is, indeed no lawful civil
I'LL alter the establishment, By The inhabitants oil |
The ceied Country, or by Congress, of govern.
men or the establishment OF State in Inc Ter.
rilores and The admission OF it into the Union
The Condition Of things which exists there, is The
same that it would be il The territories had been
without Mexican inhabitants and occupied solely
BY sayages, not subjcct 10 Mexican laws, but
having rishtlo occupy the soil, while tie lee in
/, ana The dominion over The country, belonged
u The Republic Of Mexico, and the Uuied States
rad taken forciblc possession OF the territories
irst, and obained cesson OF them af,crward.-
n the case We have supposed, there would be no
Mexican laws in force, in the territories, a, The
late OF the ceSson, as the jurisdiction OF The Mex.
can Republic had mol been extended and esab-
ishcd over the waste territories. There is no
Inference between The principle tina. would apply
0 case in which Mexican government and
avs had not existed before The cession and The
dse that has occurred, in which all these had
een subvened before the treaty was made that
Cn!ains no provision Tor Inc re.eslablishment of
my oil them. Mexican grants OF wild lands,
would enitie the grantees, in either case, TO the
states conveyed, which the United States would
re bound, by the treaty, and the laws OF nations,
0 recognise and proecl.
Any inhabilant OF the territories, whether an
American or Mexican, vino was there when The
really was made, or has gone and established
himself there since, occupies territory Of the ;
United States, bu! over which NO civil govern.
nent or civil laws exist. A Mexican inhabi-
ant who owned property there, before the ces-
ion, has good title 10 i; STILL unless i has been
impaired, or transferred, by some acl Ct his own
my American, or other person, who is there ,
'l!n right to properly, which was properly in Z
nc Stale OF The Union from which he migrated I
5 entitled IL hod and enjoy il as properly in the /
AS there was no law OF the terrific ,
les which prohibited the removal Of his proper. $
OF any kind, and none of The United States r
c had as clear right TO take and use il, as he I
cd 10 go himself and reside in the territories. 5
Every owner of properly is entitled 10 an equal $
1easnre OF protection for il, from the military I
over OF the United States, which may be em- c
!oyed there, all, if Congress should es.ablisha c
'errl!o:ial Government il would be the duty oil I
lie Government tc project equally, with impair e
ally and fidelity, property OF every kind with. Z
its territorial limits and belonging 10 The uha> c
ilanis Of the country.
As the Mexican inhabitants were left by The d
ssslon and conquest ol foreigners, as will be
Town hereafter, In territories without local laws,
nj many Americans resided there wnel these Z
icnts occurred, some OF uhum held slaves, and 4
her slaves have been moved there since, ari Q
Re held in bondage, the masters can establish as u
Eject right 10 the property they claim in their 9
ayes, by producing and proving the existence
The laws oil The Stale, ia which they acquired y
e properly, as any Mexican inhsbitanl can to G
c property he possesses, by tracing his title to a
c laws OF Mexico as Inc source CT it. No 9
nerican resident has right 10 require the q
aim 10 movable properly OF a Mexican in. L
oEant, to be decided according 10 The laws OF
e State on which the American relies 10 main. 81
IN his own title 10 personal property. The same g
inclple REJECTS The prelensions Of Mexican in u
bi ants 10 have the question Of he ule 10 such Il
operIy SCI up by an American resident, delcr- g
ined, according 10 the extinct laws Of the snb-
rIed local government, or of the Republic Of
exico II territorial government should be C,
ablished by the inhabitants, OF by Congress, II
ere is no power in either 10 authorize The gov- u
nncct 10 make distinction between pre- 2etty
different k.I3s, wiinn The territorial Limits OF 10
. soTernmen', and 10 afford protection to one n
nd and withhold il from another orio prescribe h,
J. =,
Ia .1kI r. -.