The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-24
The President, amongst other things in this mes.

ercsing the functions Of civil governor in that Ter
rlory and left, as was, TO act under the treaty
Guadalupe Hidalgo, without the aid Of any egisla
| tive provision establishing "A government in tha
Territory, thought it best to disturb that r.
| Tangement, made under my predecessor, until
Congress should take some action that subject
therefore did not interfere with the powers Of the
military commandant, who continued TO exercise
| the functions Of civil governor as before; but
| made no such appointment, conferred no such au.
| thority, and have allowed increased compensa-
| ton to the commandant for his services.
| "With a view to the faithful execution of the
treaty, 30 far as lay in the power of the Executive
and to enable Congress TO act, at the present ses
sion, with full knowledge and as little difficulty
as possible, on all matters Of interest in these Ter.
| ritories, sent the honorable Thomas Butler King
as bearer OF dispatches to California, and certain
oihcers to California and New Mexico, whose du-
ties are particularly defined in the accompan ying
letters OF instruction, addressed to them severally
| by the proper departments.
81 did not hesitate to xpress the people of those
Territories my desire, that each Territory should il
! prepared to comply with the requisitons of the
Constitution OF the United States, form plan of a
| State constitution, and submit the same to Con-
gress, with prayer for admission into the Union
as State; but did not anticipate, suggest, au-
| thorlze the establishment Of any such government
| without the assent OF Congress- did authorize
any government agent or officer to interfere with,
or exercise any influence control over, the elcc
tlon OF delegates, or over any convention, in max
ing or modifying their domestic institutions, or
any of the provisions of their proposed constitution
On the contrary, the instructions given by my
| ders were, that all measures of domestic policy
adopted by the people of California must orr ginate
solely with themselves; that while the Executive of
the United States dcsrous to protect them in
| the formation of any government republican in it's
character, TO be, at the proper time submitted to
Congress, yet it TO be distinctly understood
| that the plan of such government must, at the
same time, be the result of their own deliberate
choice, and originate with themselves without the
| interference OF the Executive.
~ am unable TO give any iniormato as to laws
passed by any supposed government in California,
or OF any census taken in either of the Territories
| mentioned III the resolution as have no informa
| ton on those subjects.
GAS already stated, have not disturbed the ar
| rangements which found had existed under my
predecessor.
OF thesc Territories for admission as States was
actuated principally by earnest desire to afford
to the wisdom and patriotism of Congress the op-
portunly OF avoiding occasions Of bitter and angry
dissensions among the people Of the United
States"
Thus showing, conclusivcy, that when he came
into office on the 4th March, ls49, he found the
civil and military governor, appointed by the late
President Polk, exercising the functions of civil
governor OF California; that he did disturb this
| arrangement of his predecessor. And the Presi-
| dent ailrms, that he made such appointment,
| conferred no such authority, and had allowed no
increased compensation TO the comma ndant for his
services.
Now, Mr.. Chairman, was there any usurpation
| in ths'
Left the President Of the United States was,
under the treaty of Guadalupe Hidalgo without
the aid OF any Legislative provision, establishing
government in California, what better could he do,
than to continue the military commandant of that
department IN the exercise of the civil authority
with which he was clothed under the prior admin
istration. Then, sir, say, in this there was no
usurpaton OF power by the President.
| He further informs this House. that with view
TO the faithful execution Of the treaty 80 far as lay
IN the power OF the Executive, and to enable Con-
gress 10 act at the present session with as full
knowledge and little difficulty as possible ON all
matters of interest in these Territories, he sent
| the Hon. Thomas Butler King, as bearer of de-
spatchcs TO California and certain other officers 10
California and New Mexico, whose duties were de-
hned IN their letters OF instructions. These letters
are transmitted 10 this House; and upon looking
over them carefully, and particularly the letter ad-
dressed by the Secretary OF State 90 Mr.. King,
dated at Washington, April 81, ls+9, am unable
TO discover any usurpation Of power, attempt at
usufpation, on the part Of the President Of the
| United States.
Provision had been made by the treaty with
Mexico for the admission Of these Territories into
the Union as States; and in the mean time the Gov
crnmcnt of the United States was bound TO protect
the inhabitants residing in them in the free and en-
tire enjoyment Of their lives, their liberty, and
property and in the exercise Of their civil and
ligious rights. ask attention to these provisions
/ OF the treaty:
| "ARricLH s Mexicans now established in terri
| tories previously belonging to Mexico, and which
|
ted States, defined by the present treaty shall
be free TO continue where they now reside or to re-
move at any time 10 the Mexican republic, retain
ing the property which they possess ia the said ter
| ritorics, or disposing thereof, and removing the
proceeds wherever they please, without their being
SUBJECTED ON this account TO any contribution, tax
or charge whatever.
| "ThOsc who shall prefer 10 remain in the said
territories may either retain the title and rights Of
Mexican citizens acquire those Of citizens Of the
| United States. But they shall be under the obi
CATION TO make their election within one year from
I the date Of the exchange Of rathcations Of this
treaty. and thosc who shall remain in the said ter
rtores after the expiration Of that year, without
having declared their intention retain the char
! acter Of Mcricans, shall be considered 20 have
elected 10 become citizens Of tho United States.
elm the said territories, property Of every kind
now belonging 20 Mcricans not established there,
shall be inyiolsby respected. The present owners,
the heirs of these and all Mcxicans who may here
after acquire said property by contract shall enjoy,
with respect TO IL, guarantees equally ample II
the same belonged TO citizens Of the United States
"AsTIclr 9.-Thc Merioans who, in the terrific
rcs Aforesaid, shall not preserve the character Of
citizens Of the Mexican republic, coniormably with
what - stipulated in the preceding article shall be
Incorporated into the Union Of the United States,
and admitted soon NJ possible, according 10 the
principles Of the Federal Constitution, the enjoy
nent Of all the rghts Of citizens fthe United States
In the mean time, they shall be maintained and
protected in the enjoyment Of their liberty, their
property, and the civil rights now vested in them
political rights their condition shall be on an equal
ity with that Of the inhabitants Of the other terrific
rcs Of the United States, and at least equally good
NJ that OF the inhabitants Of Louisiana and the Flor
idas, when these provinces, by transfer from the
French republic and the crown Of Spain, became
territories Of the United States"
You are aware, Mr.. Chairman, that though this
House passed bill at the last session 20 establish
territorial government for California, IL did not
pass the senate; and thus both California and
New Mexico were left received them by the
treaty with Mexico. Congress did, however, 90
far aid the Executive 10 extend the revenue laws
OF the United States the territory and waters
| of Upper California and certain mail facilities
were extended to the came Territory. And what
the President could do by virtue Of the treaty,
under the Constitution and the acts Of Congress, TO
give the people Of those Territories civil govern
ment and protection, IL was his duty 10 perform.
/ In sending MIR King, as the agent Of the United
States 10 California, TO convey assurances TO the
people Of that country Of the desire Of the President
70 extend to them all the aid in his power 10 secure
their peace and happiness, surely there no
usurpation. Mr.. King was instructed, that what
ever form Of government might be adopted by
/ them with view Of submitting the same 20 Con-
! gress, must originate solely with themselves; and
I this form OF government must be adopted by them
without the interference Of the Executive of the
| United States.