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

to exercise such authority. He has simply, and at
the farthest, recommended TO the people OF that
Territory To form constitution and ask admis-
zion into the Union State He has not
sought TO abridge the powers OF Congress-; nor
has he violated, in the slightest degree, any
principle of the Constitution. What we are in the
habit of denominatlng III debate the State OF Cali
tornia is not State of the Union; does the
government now in operation in California consti-
tute the slightest impediment to the fullest and
freest exercise of all the rights of sovereignty and
jurisdct ton which the United States has had at any
time over the people and Territory of California;;
nor does the State constitution presented to US by
the people OF California carry with it any greater
obligation validity, against the rights of
ereignty vested IN the United States, than piece
of waste paper; no more than similar instrument
formed by moot society 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 i'm
poses no legal or constitutional restraint upon Con-
gress whatever in the adoption of its future policy
ltmay freely either admith her State govern her
| as Territory Even within her own limits, her pre-
sent government, her Legislative, judicial, and min
isera acts, derive all their force and validity as
| between her own inhabitants, from their vol
| untary consent and the moral necessity of their
condition. But, as against the rights of jurisdic
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 pretending to be binding
on Congress; and this, think, was clearly demon
spirit in which he INDUCED in such unqualified de-
nunciation OF the President lfib be true, however,
that the President has been guilty of usurpation
of authority, let me 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 s treating of my
remarks, to interrupt him for the purpose of expla
nation' said this: that the President of the Uni-
ted States allowed to pass, without rebuke, the act
OF his military subordinate, who had not only by
his proclamation invited the occupants for the time
being to possess themselves of the public property,
meaning the Territory of California, but that he
had witnessed the act of that military officer in for
maly surrendering it into the hands of these
pants, with terms of congratulation 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 animadverted 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 entitled it, If that was the act of Gen
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
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 nor encouraged any such
thing; no part of the eminent, any portion of
the fruitful domain, has been surrendered, except
you may regard the plundering Of the placers or
gold mines as such.
Mr.. MASON. That is good deal OF it,
MIR. BELL. We'll, you have been plundered from
the date of my political existence--for the last
twenty or thirty years, to my knowledg ge-and you
are plundered every day at home of your property
in the minerals and timber of the public doinain
VIII the honorable Senator stand up and propose
some measure to prevent the emigrant from collect
ing the gold in the pIacers of California? Why,
If you march your regiments TO those mines, your
officers would soon find themselves without any
-~.'+ snd Ole Yonr shirs Of war, with which
you attempt TO guard your coast ana protect your
revenue, are often found without seaInen. Does
the honorable Senator think ii fair to hold the Pre-
sident responsible for the gold abstracted from the
mines OF California? If be does. think his views
now expressed more unjust, if possible, than his
original charge. The foundation of the policy
pursued by President Taylor in California in rea-
tion TO every branch Of the public service, laid
under the late Administration. The Senator from
Alabama (Mr. KSo) shakes his head The in
slructions given through Mr.. Buchanan, after the
close OF the war, were IN no material respect de-
parted from by the present Administration; nor was
any change made IN the civil government.
Mr.. kiSG. Does the Senator allude 10 the letter
TO MIR. Noorhies?
MIR. BELL think that is the one.
Mr.. KISo. If the Senator examines the matter,
he will find that il is simply advice that they should
p
States gave them Territorial government; that 10
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 or of Secretary Marcy,
under the late Administration, were changed by
Gen. Taylor in no respect whatever, except far
the collection of the customs were concerned and
that according 10 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 effecting that object, and when
anarchy and civil strife might be justly appre-
heudcd, the only remedy which seemed to be left
to the people of California was TO form State
stitutiOn and ask admission into the Union a
State General Taylor lent the influence of his
station 10 this policy, FAR TO direct that any
such measure, voluntarily entered upon by the
people of California, should not be obsucted, but
have the countenance and support Of the United
States authorities. General Riley acNd without
instructions IN issuing the proclamation for a con-
yenti0n, 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
a parliamentary sense, to be the mouth of the Sen
ate, speaking under its directions, and by its
ders. 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
constitution and apply for admission into the
Union a State' Still hue and cry is raised
against both them and the President, though the
whole proceeding had taken the country by
prise.
But, sir, il is charged against General Taylor
that he cannot urge n motive of patriotism as
for the policy he has pursued in relation
to California. Even the charity Of mistaken views
Of the public interest aud the good Of his country.
is denied 10 him; but all that he has done is at
tributed to the miserable and dastardly motive Of
seeking to escape the responsibility of meeting the
Wimot 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 rcsponsibil
ty, and desire TO evade an open disclosure OF his
real sentiments upon question which 50 deeply ag
tated the country during the late canvass for the
Presidency The grossesf fraud, II Is alleged, was
practsed upon the country in the late upon
this subject and Gen. Taylor breads arraign-
meut before the bar of the public; he shrinks from
an issue which would expose his own duphcity, and
let the country know whether the North or the South
''cheafed in the late election. regret exceed
ingy to have to advert to such topics in a debate
upon subject Of such grave importance; but while
continue 10 give my confidence and support to inc