Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-02-01
Presidents CALIFORNIA; Message.
5-..a IVY se1,YNcroN January 81. 1850.
To the House Of kepresentdtioes
#-- of the United States ::


nation in the possession of the Executive asked for
by the resolution
On coming into Office found the military comman-
dant of the department of California exercising tle
functions of civil governor in that Territory and lett
as was to act under the treaty of Guadalupe Eloal
go without the aid of any legislative provision IN e
tablshing government in that Territory lnougnU
it best not to disturb that arrangements aoe uhuer
my predecessor until Congress should take some ac
ti0n on that subject therefore did not interfere
with the powers of the military communicate, VINO
continued to exercise the functions OF civil governor
as before, but made such appointment conferred
no such authority, and have alioWeo no increased
COMPENSATION to the commandant for his services.
With view to the faithful execution of the trea-
ty so far as lay in the power OF the Executive, and
to enable Congress to act at the present session with
as full knowledge and little difficulty possible
on all matters of interest in these Territories, sent
the Hon Thomas Butler King, bearer of despatch
es to California ard certain officers to California and
New Mckee, whose duties are particularly defined
in the accompanying letters of instruction addressed
TO them seyerally by the proper department..
did not hesitate to express to the people OF those
Territories my desire that each Territory should If
prepared to comply with the acquisitions of the Con-
stitution of the United States form plan of State
Constitution, and submit the same to Congress, with
prayer for admission into the Union as State but
did not anticipate, suggest authorize the estab-
Hshment OF any such government without the assent
of Congress nor did authorize any government a
gent or officer to interfere WITH or exercise any in
fuence control the election of delegates,
over any convention, in making modifying their
domestic institutions or any of the provisions of their
proposed constitution. On the contrary, the instruc
tons given by my orders were that all measures Of
domestic policy adopted by the people of California
must originate solely with themselves; that while
the Executive of the United States DESTROYS to
protect them in the formation of any government re-
publican in its character, to be at the proper time
submitted to Congress- yet it was to be distinctly un
derstood that the plan of such government must at
doll 0ro
choice and originate with themselves, without the
interference of the Executive.
l am unable to give any information to laws
passed by the supposed government in California or
of any taken in either of the Territories
toned in the resolution, have no information
those subjects
As already stated, l have not disturbed the ar
rangements which found had existed under my pre-
decessor.
In advising an early application by the people of
these Territories for admission States was aetu
ated principally by earnest desire to afford to the
wisdom and patriotism of Congress the opportunity
of avoiding occasions of bitter and angry dissensons
among the people of the United States
Under the Constitution every State has the right
OF establishing, and from time to time altering, its
municipal laws and domestic institutions, indepen
IDENTIFY of every other State and of the General Gov
ernment subject only to the prohibitions and guar
antees expressly set forth in the Constitution of the
United States The subjects thus left exclusively to
the respective States were not designed expected
to become topics Of national agitation. STILL
der the Constitution Congress has power to make all
needful rules and regulations respecting the Terrific
res of the United States, every acquisition of
Territory has led to discussions the question who
Their the system of Involuntary servtude which pre-
walls in many of the States should should not be
prohibited in that Territory The periods of excite
ment from this which have heretofore occurred
have been safely passed, but during the interval of
whatever length which may elapse before the admis
sion Of the Territories ceded by Mexico States it
appears probable that similar excitement will pre-
vail to undue extent.
Under these circumstances | thought, and still
think, that 1t was my duty to endeavor to put it in
the power OF Congress- by the admission of California
and New Mexico as States to remove all occasion for
the unnecessary agitation of the public mind.
1t is understood that the people of the western part
OF California have formed plan of State Constitu
ton, and will submit the to the Judgment
of Congress, and apply for admission State
This course on their part thong in accordance with
was not adopted exclusively in consequence of any
expression of, my wishes, inasmuch measures ten
ding to this end had been promoted by the officers
sent there by my predecessor, and were already in
active progress of execution before any communica-
ton from me reached California. If the proposed
constitution shall, when submitted to Congress, be
found to be i'll compliance with the acquisitions of
the Constitution of the United States, earnestly
commend that may receive the sanction of Congress
The part of California not included in the propo-
sed State of that is believed to be uninhabied
entity Of Salt Lake
A claim has been advanced by the State of Texas
to very large portion of the most populous district
OF the Territory commonly designated by the name
of New Mexico. If the people of New Mexico had
formed plan of State Government for that Terri
tory coded by the treaty of Guadalupe Hidalgo,
and had been admitted by Congress as State, our
Constitution would have afforded the means of OBJ
tanning an adjustment of the question of boundary
with Texas by judicial decision. At present, how
ever, judicial tribunal has the power of deciding
that question, and it remains for Congress to devise
some mode for its adjustment. Meanwhile submit
to Congress the question, whether it would be expe
dent before such adjustment to establish territorial
government which, by including the district claim
ed, would practically decide the question adversely
to the State OF Texas, by excluding it, would de-
eide 1T IN her favor. In my opinion such course
would be expedient especially the people of this
Territory still enjoy the benefit and protection of their
municipal laws, originally derived from Mexico and
have military force stationed there to protect them
against the Indians 1t is undoubtedly true that the
property lives liberties and religion of the people of
New Mexico, are better protected than they ever
were before the treaty of cession
Should Congress, when California shall present
herself for incorporation into the Union, annex con-
dtion to her admission a State affecting her do
nestle institutions contrary to the wishes of her peo
pie, and even compel her temporarily to comply
with It, yet the State could change her Constitution
at any time after admission, when to her it should
seem expedient. Any attempt to deny to the people
of the State the right ofselfgovernment in a matter
which peculiarly affects themselves will nfallibly be
regarded by them invasion of their rights and
upon the principles laid down in our own Declara-
ton of Independence they will certainly be sustain
ed by the great mass of the American people To
assert that they are conquered people, and must
State, submit to the will of their conquerers in
Nd dsoI.