Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-01-22
the treaty Of peace with


That the slid territory shall he declared to be at once
(by force Of this billy Of the United States Of Amer
ca;
That such State shall be equal footing with the
original States in all respects whatsoever by the name
and title Of the State If California
With proviso which declares that Congress reserves
to itself the right Al any time 1t may choose to exc else
the same of forming and admitting new States out OF
any portion of said territory which lies East OF the sum
nit of the ranre known the Sierra Nevada. OF Caf,r
MIA mountains and with certain other resolutions for the
protection Of the public property the United States IN
the said State.
It provides for the establishment Of district courts Of
the United States, and the app ntment OF the requisite
officers in the other States of the Unon and Tor the
representation of the said State in the Congress of the
United States
The proposed amendments which have been laid on
the table of the Senate. and printed by its order, and
which accompany The bill referred 10 the committee pro
vide for the election of delegates to convention to form
constitution for The State Califprna-prescrbe the num-
Der Of those delegates and authorize the judges atto
neys and marshas, provided for by the bill. 10 lay off
the territory into election districts, to appriion the de>
egates, prescribe the time and places of holding the
elections designate the persons who shall conduct the
same and to prescribe the time and place for the
bling Of the convention The last amendment proposed
declares who shall be entitled to vote for delegates to the
convention.
The actual condition of the territory of California
stated in letter from the Department Of State recently
laid before Congress. tHlS he UlllarN
established in that territory ceased, by the conclusion Of
the treaty of peace, derive the authority from that
source of power But the Secretary thinks that the
termination of the war left government de facfo IN fu
eperatun which will continue with The presumed con-
sent Of the people until Congress shall provide for them
a territorial government. The great law of necessity
he SAYS u@lies this conclusion and the consent OF The
people inferred from the fact that the only alternative
would be a of anarchy, beyond the protection OF
all laws The substance and import ofthe letter are CIV
en- not lis language. The political condition OF New
Mexico is the same According To this view, there is
then Legitimate government existing in these terrific
RES Mexican rule over them superseded by the
military government established during the war, and IN
every event by their transfer to the United States by the
treaty of peace, the Of which that tenn
porary government ceased also to have legal exist
ence. government de factO, resting on the presumed
assent Of the people, is all therefore, that protects them
from anarchy.
In view Of this state of things, the President, in his
annual message al the commencement Of the present
session. declared 10 be the duty Of Congress 10 pro
vide with The least possible delay, for New Mexico and
California regularly organized territorial governments
Adherng the usages of our predecessors in relation
territories which have been acquired by the United
States by treaties with foreign nals the President
commends the establishment of territorial governments.
The sill which has been referred 10 the committee, de-
parting from this settled and uniform policy. proposes TO
createa STATE to unite the territories OF New Mexico
and California very large in extent sparsey populated,
and inhabited by people the greater portion OF whom
are strangers to our constitution and laws, and in the
Judgment of the commee untitled in their present
diton to be ncorp rated into this Uulon on terms OF po-
itical equality with The people Of the United SateS.-
Such it will be recoece1. the view taken by the
Senate when the treaty with Mexico under cunsd-
Grafton The ninth article Of that treaty was IN cose-
quence amended to give notice to the Mexican gov
eminent and 10 those MeXicans who chose 10 transfer
their allegiance the United States, of the terms on
be admitted all the rights of citizens of the United
States that this would be done not instantly is pro-
posed this bill but sat the proper time to be Judged
Of BY the Congress Of the United Sates' tina, say
when by course ofterroria puliage, they had be
come acquainted with constitution and laws, con-
versant with the operations Of The government, and had
acquired in some degree, that similarity Of character
which can alone fit for the intimate political ASST
oation which exists between the several States OF his
Unon without doubt, The power thus reserved to Con-
gress by The amendment which has been spoken Of would
have existed without this express reservation, unless lhe
contrary had been stipulated in the treaty; but II was
fit in treat ing with strangers peculiar institutions
advise them of the existence of the power and of The
determination of Congress 10 exercise it and 1t Is as an
expression of the views of the Senate, evnve Of thai
determination, that it is nov referred to.
/ But independently Of these cnnsidera ons, which
they think would render it neXpedlenl 10 pass this bill
there is. in the opinion of the committee. question
of power which deserves the attention Of the Sen
a'e
The third section of the fourth article of the consiitu
ton provides that States be admitted by the
Congress into this Unon,'' and the last paragraph Of
the section declares that 1.-The Congress shall have
power dispose of and make all needul rules and egu
atons respecting The territory other property belong
ING the United S;ates.'
Under this last clause, under the power TO govern
which is necessarily implied in the right 10 acquire ter
rory, Congress has passed laws organize The various
territorial governments which have from time tn tune
existed within the limits of the United States; while un
der the first they have admitted the people Of those ter
orips INFO the Union, when, in process of time they
had become States, duly organized SUCH The States
50 admitted, have been either
L. Such as formed part Of some of the States q
this Union, and separated from it by the consent
Of such State; or.
2 Such as were formed ont Of territories ceded TO the
United States by Of the States, by foreign gov
erument.
Those Of the first class promptly admitted into
the Union States, having previously orgazed gov
ernnents composed Of a people familiar with our lnsu
tons, and sufficiently numerous 10 entlile them TO THIS
privilege Vermont and Kentucky examples of this
class The States which have been formed out Of ter
rories coded the Unit d States by one of the
Satesh been uniformly Injected in the first instance
TO territorial governments, and have been subsequently
admitird as States when they had attained the requisite
numbers and on the exhibition Congress of consll
tuition establishing a republican from OF government,
which BY the fourth section Of lie fourth article of The
constitutions the United States bound 10 guaranty
TO every ate. Thennessee and Ohio The earliest
amples of this class s f.. ..-
| The same course of proceeding has been adopted III
relation territories acquired by cesslon from foreign
powers. They have first been organized as Territories,
and subsequently admitted as States Louisiana and
Florida are instances Of this Ia has the power