The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-11-23

have the power 10 form any kind Of government they
choose and the conduct OF that officer u denial OF the
principle which lies at the base our political system.
that governments derive their Just powers from the
sent OF the governed II in the latter, the rights OF gov
eminent belong exclusively 70 their agents and repre-
sentatives-Congress-and IL less fragrant viola.
ton Of their rights In this usupaon. unprecedented,
Il appears that he is sustained by instructions from the
War Department. and acts in accordance with the opin-
ions and advice OF the President and Secretary OF State
II is beyond Che competency OF the President to create
an Office He appoints to such Offices exist under the
constitution cor created by law when other mode
er 10 appoint unless invested with BY Congress With.
out act Of Congress creating civil governor OF Cali
ornia the office has no existence. II does not exist BY
laws Of nation extend beyond the limits Of her juris-
diction and into the jurisdiction Of another nation.
Laws derive their validity from being the ex.
preston OF the supreme will OF State. When Mexi.
can sovereignty over the Territory csased the laws which
emanated from Il ceased also, because they were no
longer the expression Of the supreme will Only such
inhabitants n their natural rights Of ts liberty and
properly, and they not Of right but by suderance
hence the necessity Of guaanyng their enjoyment Of
ratified, our constitution extended over the territory and
carried with Il all the rights which belong under II TO
citizens in the States The right Of trial BY jury for in
stance exists there not by Mexican law but In spite OF
IT, through the constitution which guarantees Il Do pot
eli other rights guaranteed by exist lkswsei lwoud
certainly be the highest absurdiy to contend that any
new could eoaaus SeS ma
not only be superior to the sovereignty, but possess
greater vitality and force than that which created IT,
Then is superior to our constitution, which 10 the su
peme law OF the land, and that instrument becomes
10 California, nuy TO assert which is TO declare our
system Of government the rights confers. and the duties
II enforces, at an end.
But this is not all The wrong would be incomplete.
II the South were not perpeiually excluded The people
are therefore directed to enter into convention, and form
State constitution the times and places Of holding
elections appointed the State officers, whom they to
be prmsd to elect, designated the salaries they 10
receive limited and the OF paying them pointed
out will AJAX, incidentally, whence does this power to
create Offices arise BY what authority revenue OF the
United States constutionaly ia the treasury, and which
can only be drawn thence in consequence OF appropria-
tons by law thus directed from m proper uses and ex
pended In defrsying the expenses of government i'm
posed upon the people. and Inconsistent with cons-
| luton
The proclamation couisr the right Of voting on every
free male citizen OF the United States and of Upper Calf
ornia and all citizens OF Lower California driven to the
territory in consequences of their adhesion 10 the Amen
cans during the thus investing Mexcans, Indians,
and negroes resident there. with the highest privilege Of