The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-18

by the first legislature. and on his way in tina
capacity in not much six months from the time
hls landing. And yet he is entitled TO be regarded al
old resident, IN comparison with The of those
ihee Can II be right that people so recent and iresi
IN their settlement upon the public territory but few
whom are iandholders and scarcely any OF whom have
yet established their domestic altar in the country
should have the seal of pemanency given to the govern
ment they have made advance OF the authority OF Con
gfess, when IN so dong, wrong Is inflicted upon q
large section OF the Union and large BODY of emgrants
some fifty thousand OF whom said TO be even nov on
the way In the towns, where the professional ana
business men are congrega,ed, the population may be
mining emgrants, who float about the country wherever
the most convenient pacers to be found-are they
entitled 10 be regarded do many regard themselves
there Tor any other purpose for any longer time than
to accumulate enough from their efforts enable them
10 return TO their families and friends, with the means OF
afuence or comforts Many may. in the end, conclude
remain IN the country; but how many contemplate
1T Let every senator answer this to himself in all
candor
In the next place. the constitution did not receive the
votes of majority OF the persons in the country al the
lime OF. It's submission and Tor this ought to
ne sanctioned by Congress The Alta California of the
Isl December the only means through which any
tam Intelligence has reached gives general
Of the vote, which shows the result have mentioned
The small vote is IN part attributed TO the fact that the
constitution bad not reached several OF the districts.
The whole vote did not probably exceed fifteen thou
sand And when il is considered that nearly all the new
population was composed of adult males. This small
number TO cohrm constitution Tor the rule OF the vastly
",
their way there. tFor the article referred TO see Ap
pendx, which will be published heresfter)
third reason will assign why Congress should re
fuse to sanction the proceedings upon which the present
application is made for admission is, iha, il the
suit OF The unauthorized acts Of executive officers
laon OF law and IN contempt OF the constitutional func-
lions OF the legislative department OF the government
Without any demand from the inhabitants. in advance
Of any popular movement, without consulting the opn-
ions wishes OF the native Cal'iornans, far
appears from the official correspondence communicated TO
ton, General Riley assumed the authority to summon
convention for the purpose OF making State government
apporonng the representation at hs pleasure, and arb
trafy prescribing the qualification of voters, by which
class OF unnatuazed Mexcans not compIebended i'll the
treaty with Mexico. were, among Others, admitted
vote Whether this proceeding was authorized by the
Executive al Washington Is a disputed point Upon the
one hand II has been stated that the proclamation was
issned from Monterey before Mr. King landed San
francisco; the other il has been said that the des
patches tor Gen Riley landed n point of the
where the steamer touched before reaching San Francisco
and forwarded IN time 10 be received before the date
OF the proclamation. be this as 1t may-and 1t is
era how isl have doubt thai the purposes OF the
administration IN coincidence with this movement
and that the chief object in the official mission OF Mr.
King 10 proNote the plau have iule doubt that
the intention was TO anticipate Congress III It's action upon
the question OF government for thar Territory II MIR
King bad not landed when the proclamation issued,
yet dare say the fact OF his mission and It's probable pur
pose known in California in advance OF his arrival,
and such my information Al all events, the admins
trauon sanctioned and permitted the movement, when
then, TO show what respect the executive department
has transcenied its legitimate functions and overlooked
he constitution and laws of the land, IN its connexion
with the State movement IN California.
The expenses OF The convention betrayed by Gen
Riley (App No y with moneys belonging to the United
Saies not appropriated 10y Congress 10 the purpose The
constitution iorDlds that a0y money shall be Drawn from
the treasury but IN consequence o appropriation made by
law and by the OF March 8. lS49-an act fresh upon
the statute book, and therefore II should be presumed
fresh upon the minds OF the executive olcers-t is
pressy directed that the receipts from all sources special
or miscellaneous "lor The use OF The United States dH
be pad INTO me treasury at us early day as prdeeable
Here, then, rs exhibited direct and papable violation OF
the law aud constitution, and IN particular OF all
others requiring the jealous regard OF Congress
Ii there be one respect IN which is essential TO
sist executive usuTpaon than another IL III the control
with which The constitution has invested Congress
the public purse Open TO the Executive OF
sessing treasure and dtsbmsag IT. By has op ed,. and
you 10 him uncontrolled power the desines
OF the republic Let ask, IL the Executive should de-
sire to war OF coercion upon Stale oi the Union,
against the Union itself, what better facility he
oed lor the purpose than the unrcbuked exercise Of the
power to collect the aunierous Territories Of
The Pacific, TO be discussed pleasures The signs of the
times give an important bearing to this question, II the
illegal government OF California raise hall million
OF tax from the Mines II in fact doing, the Ex.cu
tive RAISE much more and II he disburse II IN
California, he can dIsburse 1t also IN New Mexico
Texas, and disburse IT TO support army well
support convention.
But this is not the only respect in which the Executive
has encroached upon the constitutional functions OF the
legislative IN thls
ton has placed The territories belonging TO the United
States under the exclusive direction OF Congress
Ii - for the Congress 10 deermins II they shall be
occupied at all, and, II occupied, whether any
and what authority unsdicon may be safely
allowed 10 the occupants consistently with the pres
ervation and disposition OF Them. BY melting, then
and permitting the erection OF government m The term
tory OF the United States without the authority OF Con
gress the Executive hagranty usurped not given
by the constitution. The offence IN this proceeding
the greater from the fact thar II well know that
Congress had in It's discretion 1ced upon me subject Of
government for that tsrritory II had considered the
subject and Tor Sufficient reasons-fur connected
with the policy and welfare OF the Union--Congress,
exercising legitimate discretion, had decided against
the establishment Of government there, either State
territorial (boh OF which forms hal been the SUBJECT of
discussion, and bad postponed the question for future
consideration The refusal 10 make government there
action and m contempt OF that action by the depart
ment exclusively charged with the subject the Executive
lakes the matter into It's hands and BY proclamation
initiates gOvernmen and, in advance OF the meeting OF
Congress suuenders the country to its jurisdiction Gap
pendx, No 81
And now ashland ask il with emphasis-how do
these California proceedings square with the grounds Ia
ken IN the Executive message delivered here yesterday
upon the subject OF the Texan boundary dispute ask,
how do they consist With the extraordinary doctrines OF
that nessage Ii will not be in order TO go into
animation of that paper But trust u will receive
the marked attention which the dangerous bearing of
the principles promuged in It requires from the people of
the sovereign States of this UnIon and that united
public voice will pronounce its condemnation. But may
properly compare the opinions stated by the Executive in
that message with the proceedings in the California Ter
rory which asked TO sanction. lie asserts that
treaties part o the supreme law OF the land and that
the Executive bound TO the laws faithfully executed
transferred by the cesson, perfect security the free
oyme OF their liberty and property z; and that the attempt