The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-05

To exercise such authority. He has simply, and at
the farthcst, recommended 90 the people Of that
Territory to form constitution and ask admis-
zion into the Union a State. lie has not
sought to abridge the powers Of Congress; nor
has he violated, in the slightest degree, any
principle Of the Constitution. What are la the
habit Of discriminating la debate the State Of Cali.
iornia, is not State of the Union; does the
government now IN operation Ia California consti-
tute the slightest impeachment to the fullest and
freest exercise of all the rights Of sovereignty and
Jurisdiction which the United States has had al any
time over the people and Territory Of California;
nor does the State constitution presented 10 Us by
the people Of California carry with it any greater
obligation or validity, as against the rights OF
ereignty vested in the United States, than piece
of waste paper; no more than a similar instrument
formed by moot socisfy OF young men, assembled
to try their hand in forming State constitutions,
unless Congress shall think proper to give IL vi
tality. All that has been done In California inn.
poses no legal constitutional restraint upon Con-
gress whatever in the adoption Of its future policy
Itmay freely either admit her State govern her
as Territory. Even within her own limits her pre-
sent government, her legislative, judicial and min
isteria acts, derive all their force and validity.
| between her own inhabitants, from their own vol
untary consent and the moral necessity OF their
condition. But, as against the rights Of lurisdic
ton and property vested in the United States, they
| have no validity atall There has been usurpa-
ton of power by the President, for act has been
done by him tending or pretending to be binding
on Congress; and this, think, was clearly demon
straed by the Senator from Virginia, in the same
spirit in which he INDUCED in such unqualified de-
nunciation of the President Fit be true, however,
that the President has been guilty Of usurpaton
of authority, let say that this is not the place
where the charge should be seriously urged. The
other branch of Congress is the place where the
charge should originate.
Mr.. MASON. Will the Senator allow me- before
he leaves the point in which he is treating of my
remarks, to interrupt him for the purpose Of expa
nation! said this: that the President of the Uni
ted States allowed to pass, without rebuke, the act
subordinate,
his proclamation invited the occupants for the time
being to possess themselves Of the public property,
meaning the Territory of California, but that no
had witnessed the act Of that military officer in for
mally surrendering it into the hands of these
pants, with terms of congratuation that they had
acquired the public property which he had been
entrusted with to preserve for the United States.
Now, ask the Senator from Tennessee, who has
thus anmadverted upon my remarks, to say in
what mode the President of the United States be
Justified, who permits his military subordinates,
entrusted with the public property for the time be-
ing, to surrender that property into the hands Of
those not entitled to it, If that was the act of Cen
cral Riley, either with or without Executive autho-
rity, IT was done without rebuke.
MIR: BELL What property does the Senator re-
fer TO?
Mr.. MASON. The Territory Of California, which
the Constitution declares is property.
Mr.. BELL. The sovereignty, or the fruitful do
main?
Mr.. MASON. The eminent domain as well as the
fruitful domain; the ungranted lands.
Mr.. BELL My answer is, that the President has
neither connived at encouraged any such
thing; no part of the eminent nor any portion of
the fruitful domain, has been surrendered, except
you may regard the plundering of the placers or
gold mines such
Mr. MASON. That is good deal Of it.
Mr.. BELL. Well, you have been plundered from
the date of my political exisence-for the last
twenty or thirty years, to my owledge-and you
are plundered every day at home of your property
| in the minerals and timber Of the public domain.
| VIII the honorable Senator stand up and propose
tO eInip mfr oil
| ing the gold III the placers of California! Why,
/ If you march your regiments TO those mines your
! officers would soon find themselves without any
-~"h snd nile fonr shirs OF war, with which
you attempt to guard your coast and protect your
| revenue, are often found without seatnen. Does
the honorable Senator think il fair to hold the Pre-
sident responsible for the gold distracted from the
mines of California? If he does, think his views
now expressed more unjust, If possible, than his
original charge. The founda ton of the policy
pursued by President Tay or in California, in rela-
ton to every branch Of The public service laid
under the late Administration. The Senator from
Alabama (Mr. kfSo) shakes his head. The in
structions given shrough MIR. Buchanan, after the
close OF the war, were III material respect de-
parted from by the present Administration; nor
any change made in the civil government
Mr.. kISG. Docs the Senator allude to the letter
to Mr.. VOORHEES,?
Mr.. BELL. ] think that is the
Mr.. KING. If the Senator examines the matter,
he will find that il is simply advice that they should
get along well they could, till the United
the sum and substance oft.
Mr.. BELL. What mean to assert is that the
civil and military administration of the affairs of
California, whether established by the instructions
of Secretary Buchanan of Secretary Marcy,
under the late Administration changed by
Gen. Taylor in respect whatever, except far
the collection of the customs were concerned, and
that according to law. But after Congress had
failed at two successive sessions TO provide terri
torial government; when scarcely hope could be
INDUCED that the succeeding Congress would be
more successful in efectlng that object, and when
anarchy and civil strife might be justly appre-
heuded, the only remedy winch seemed TO be left
TO the people of California form a State CON
stitution and ask admission into the Union "A
State. General Taylor lent the influence of his
station to this policy, so far as to direct that any
such measure, voluntarily entered upon by the
people of California, should not be obstructcd, but
have the countenance and support of the United
States authorities. General Riley acted without
instructions in issuing the proclamation for a
ventOn, but in this he was only the organ of the
wishes Of the people, acting their mouth piece
Just the President of the Senate is understood in
parliamentary sense, to be the mouth OF the Sen
! ate, speaking under it's directions, and by its
dcrs. Such is the extent of the Presidents inter
ference in the affairs of California, and of the
offence with which he is chargeable. And, after
all, repeat the question, what member OF the last
Congress did not anticipate that the people Of Cali
fornia would do just what they have done, present
a constitution and apply for admission into the
Union a Statei Still a hue and cry is raised
against both them and the President, though the
whole proceeding had taken the country by sur
prise.
But, sir, it is charged against General Taylor
that he cannot urge even motive OF patriotism
an excuse for the policy he has pursued in relation
TO California. Even the charity Of mistaken views
of the public interest, and the good of his country
is denied To him; but all that he has done Is at
tributed TO the miserable and dastardy motive of
seeking to escape the responsibility of meeting the
| Wilmot proviso. The charge has been made and
reiterated in a hundred different forms, and circu-
lated over the country in as many different chan
| nels, that Gen. Taylor's whole course and policy
upon this subject has been the result OF cowardly
shrinking from personal and political responsible
| ty and desire TO evnde open disclosure of his
real sentiments upon question which sodeeply ag-
itated the country during the late canvass for the
Presidency. The grossef fraud, IT is alleged, was
practiscd upon the country in the late upon
| this subject, and Gen. Taylor breads arraign-
mcpt before the bar of the public; he shrinks from
an issue which would expose his own duphcity, and
letthe country know whether the North the South
''cheated" in the late election. regret exceed
ingly 70 have 20 advert to such topics in debate
upon subject of such grave importance; but while
I Tn NV md