The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-13
THE UNION.

When the people OF Caliorna, alter suitable period
OF territorial tuteage, and in pursuance OF act OF Con
gress assemble in convention 10 adopt constitution
they will possess the power under the general principles
d he constitution . determine men %, own domestic 81 M
the States oil this conederacy by the present population
now roaming that Territory IS IN conflict with the
whole spirit Of the Constitution. and ought not ito receive
From all The facts disclosed appears that the present
State organization OF California is the mere creature Of
from either an approval or veto OF the Wmo Proyiso
have hesitation in asserting. that the policy recon
mended is obnoxious TO the South than the measure
il intended 10 supersede. The Wllmot frovlso
bold and open exercise OF power by the Congress OF the
United States, which has the admitted right TO legislae
for the Territories subject to the restraints 81 the const
tution while the people who have assumed 70 ineopo-
rate the same Proviso into the constitution OF California
have no color OF authority egsate for any purpose or
to the most limited extent
qnfd indefeasibe title TO the Territories OF California
and New Mexico BY the treaty OF Guadalupe Hldalgo,
the tihcaOns OF which exchanged on the 3Oth OF
May isas The several States, the people thereof,
became joint tenants OF this domain entitled to
equal rights therein, which the federal government as
the agent OF all, under the highest obligation to protect
In accordance with this obligation deyoyed the last
Congress TO extend rt territorial governments which
would invite the emigration OF American citizens. with
their property of every descriptions from every section OF
the Union But the prevailing conflict OF opinions and
passions fatal to harmonious action Congress ex-
pred without the exercise OF its legitimate authority over
the Territories leaving them subject TO the constitution
Of the United States which is the supreme law Of the
land 4; 10 the treaty Of Guadalupe Hdago, made under
the authority Of the United States and 70 the local laws
OF the Territory, they existed at the conclusion OF the
each other, No. ii conflict with either the constitution Or
men, de aeo in full operation competent to administer
the laws, until effective government could be pro-
yded BY Congress Upon that subject Mr. Buchanan
says:
sIn the mean lime the condition of the people Of Cali
iornia is anomalous and win require on their part the ex
eTcise prudence and discretion by the conclusion
o treat o
established over hem under the laws Of recognised
lis authbrly this power But sthere,
government in Caornai Are life, liberty
properly under the protection existing
ties This would be singular phenomenon the face
the world, and especially among American citizens, dis
abiding Fortunately, they reduced
this sad condition The ,ersination Of the left
the people, until Congress shall provide for them
rial government The great law Of necessity justes this
conclusion The consent of the people is rressbly infer
red om the fact thar no viiizsd community could posi-
bly, desire abrogate existing government when the
alternative presented would be to place themselves in
anarchy, beyond the protection Of al laws, and
duce them 70 the unhappy necessity OF submitting 10 the
dom nion of the strongest"
! This was the condition Of California and New Mexico
when the present administration succeeded to Office on
Inow proceed to inquire, what were the duties Of the
Executive in relation to these Teritones' Under
legislative judicial power The constitution dis
tncty defines the several departments and the appropr
ale functions OF each yesting in the President powers
purel executive:
"The power shall be vested in President of
the United States of America"
and navy Of the United States"
Ills shall take care that the laws be faithfully exc
We have seen that government de Iacto was in ope
ration with full capacity for the preservation OF order
and the efficient administration OF the laws. II was his
duty to the extent OF his power, TO maintain the existing
government until Congress exerted its paramount power
TO abrogae it. and to stake that the laws be faith
fully executed" The constitution was ..the supreme
law OF the land !" and il il had been faithfully executed
if the great principle which il mbodes of equal rights
to all the citizens Of the several States Of this confede
racy had been recognised and enforced in that Territory
control its political destiny But, instead OF sustaining
the government de Jacto, the first movement of the ad
minstaon was to send out an emssary to instgate its
overthrow. Instead OF taking care that the laws be
faithfully executed the constitution, which Is the
preme law OF the land" has been contemptuousy
garded and the civil code Of breyet brsadsr general
OF awaiting the action OF Congress the only law making
power OF the government the cabinet usps the power OF
legislation and, not being Itself 81 easy iocomoton, does
California, which, at the last session. 230 members Of
Congress found it impossible to perform is readily done
by single member under deputaon from the cabinet
Verify, Mr. King has discovered that there is po
tency in a cabinet authorization than in commission
derived from seventy thousand reemen Of Georgia; that
| IL is better TO serve one than many masters.
II the past history OF country had furnished pre-
cedents guide the administration its interference in the
affairs oil California would excite less surprise, and might
be charably imputed to mlsconcepton OF its powers
But at least two cases-stricty analogousare indeby
impressed upon our records: one (the acquisition oil
1903 the other he acquisition OF Florda) under that OF
Mr. Monroe In ls20-boh OF the first magnitude in their
day. entitled now to the highest Importance as presidents,
because their consideration ELECTED athe wisdom and vr
tue OF their respective and, than ALL because
they were established under the administration OF " our
earlier Presdens in the purer and better days OF the re-
public Both were acquisitions OF territory from foreign
powers, settled by foreign population, and acquired ny
treaty OF cesson in the present case, and were sub
ect 10 the same laws viz the constitution Of the United
States the treaties OF csssons, and the private local laws
not in conflict with either. Did Mr. Jefferson send po-
cal emssary 10 Louisiana 10 advise the contented Gre
oles, numbering about 10000 to up in defiance OF the
powers OF Congress- and establish revolutionary gov
eminent subversve Of the government de fdcfof II they
had done So would he have earnestly recommended"
to Congress the immediate admission Of that immense
territory, containing area oil more than l,i0O00O
square miles, one State into this Union On the
contrary. Mr.: Jefferson called Congress together on
the 18th OF October S03 three weeks earlier than the
day fixed by the preceding Congress, and submitted the
county 10 It's jurisdiction.
A similar policy was pursued by Mr. Monroe, who fol-
lowed the llusirous example OF Jefferson; from which
the present cabinet though pledged to initiate our scar
lie Presidents" has been the first to depart repeat,
the first depart" notwithstanding the infefences which
may be drawn from the following sentence OF the
sage:
at Is understood that the people OF the part OF
California have formed plan OF State constitution and
apply for admission us State. This their part,
though In accordance with adopted exclusively la
sequence OF any expression of my Wishes nasmuch
tending 70 this end had been promoted by the