The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-15

California. Yet this whole question is summarily
determined by the fiat of the Executive, that the
eristing latos regulating the relations Of the people
ioih each other ioiH continue until Others, Iatcftliy
enacted, shall supersede them
Embarrassing and difficult as is the position
in which the unauthorized action of the Executive
has placed US, our duty, Mr.. Speaker, seems to me
plain We ought at TO remand California to her
righyia position Of territorial dependence"
The honorable gentleman admits that his oppo-
siton to the admission of the State of California
proceeds mainly from the fact that " shareholders
with their property" are prevented from going
there; and charges that the President and his Cabi
net, by their action and policy, have been the
of this alleged injustice to the South.
On this charge of the honorable gentleman from
Virginia will submit few considerations to the
committee, and will endeavor to prove, in the first
place, that General Taylor did not originate the
policy of continuing the de facto government, with
a recognition of the Mexican laws which in
full force and operation at the conclusion OF the
war, but that it originated with the late President
and his Cabinet; and, in the next place, that the
cnerprising, free, and intelligent people who emf
rated there in such large numbers took the mat
ter into their hands, voted according to their
honest convictions in favor OF human rights, and
as they always would vote for all time to come,
whether voting under recommendation OF the
people, General Riley's proclamation, or a law OF
Congress authorizing them to form State govern
ment
The main charge is, that just at the time when
the shareholders might have been encouraged to
venture into this territory with their slaves the Adj
ministration thought proper to announce positively
[" that the Mexican laws regulating the relation OF
persons were in force and must be executed" and
that this announcement prevented them from go
ing there with their slaves
Were this charge true in fact, II was only an
nouncing the opinion Of some of the abest jurists
in the country, that under the law of nations the
Mexican laws in force at the conclusion Of the
treaty of peace, and would continue until
changed by Congress or the people. But the charge
Ia ir,f fact hat la
in force by the present Administration. They were
declared in force by the late administration, and
have only been continued by the present Admins
traton, as will now proceed to show by the clear
est documentary proof. I will first read from
confidential letter from Mr.. Marcy late Secretary
of War, to General Kearny, June Sd, 1916, putting
him in command of the expedition against New
Mexico and California.
Should you conquer and take possession of New
Mexico and Upper California. or considerable places
in either, you ici establish temporary civil govern
rnens therein, aboshing all arbitrary restrictions
that may exist so far as IT may be done with safety
In performing this duty, it would be wise and pru-
dent TO continue in their employment all such OF the
eristing officers known TO be friendly to the
United States, and will take the oath of allegiance
to them"
In pursuance of these instructions, General Kear
ny proceeded at once to Santa Fe, in New Mexico,
and taking military possession OF the country, is
sued his proclamation, August %, 1916, in behalf
of the United States Government, in which he ex
pressly declared, that
sIt is the wish and intention of the United States
to provide for New Mexico a free gocenmsnf, with
the least possible delay, similar to those in the uni
But until this can be done the la,os hitherto szst-
ence tciH be continued until changed modified by
competent authority; and those persons holding Of
ce will continue in the same for the present, pro-
vided they will consider themselves good citizens
and willing to take the oath Of allegiance to the
United States"
On the 22d of September, Is46, one month after
wards, he established an "organic law of the Ter
ritory of New Mexico" and a code of laws, which
he published as the laws by which the people of that
Territory were to be governed II consists Of forty
six pages and is published with the Presidents
special message TO this House, December %, 1876.
One of the provisions contained in this code Of laws
was, that
sAll laws heretofore in force in this Territory
which are not repugnant to- or inconsistent with,
the Constitution of the United States and the laws
thereof the statute laws in force for the time be-
ing shall be the rule of action and decision in this
Territory"
So, il will be seen. that at every step taken by
General Kearny, in establishing civil government
and putting in operation code OF laws for the
iatos continued force unless repugnant TO the
laws made by him, or the Constitution and laws OF
the United States.
The same is true in regard TO California On the
18th Of July, 1s46. George Bancroft, then secreta-
ry uf the Navy, sent TO Commodore Sloat, COM
manding the United States naval forces in the Pa
cific ocean, copy of the confidential instructions
from the War Department to General Kearny,
containing authority TO establish civil govern
ment in California, and also informing the commo-
dore that "the Government relies the land and
naval forces cooperating with each other in the
most friendly and effective manner"
On the 18th August, 1876, by order of the Ma
w Department, Commodore r. r. Stockton sue
ceeded 10 the command Of the United States naval
squadron in the Pacific ocean; and, in pursuance
Of orders previously given 10 that squadron, the
18th Of August, he Issued proclamation TO the
people of California, declaring that "the Territory
Of California belongs 10 the United States, and
permit, BY officers and laws similar to those by
which the other Territories Of the United States
regulated and protected"
In few days after, Commodore Stockton, styl-
ing himself " Commander. in chief Of the United
States forces in the Pacific ocean, and Governor Of
the Territory Of California, and commander-in-
chief Of the army OF the same, ," edo order and de
cree that the government Of the said Territory OF
California shall be, until altered by the proper
thorties Of the United States constituted in man
ner and form follows: The executive power and
authority in and over the said Territory shall be
vested in governor, who shall hold his office for
four years, unless sooner removed by the President
Of the United states;" providing also for the ap-
pointment Of a secretary for the Territory, and
legislative council; and then declared that, "tbc
municipal officers Of cities, towns, and departments
districts, heretofore existing in the Territory
shall continue TO exist, and all their proceedings DC
regulated and controlled by The latcs Of Merico, un-
til otherwise provided for by the Governor and lcgis
lative council"
President Polk informed us, in his annual mcs-
sage 10 Congress of December 3, 1876, that our
military and naval commanders had. under his
orders, established temporary gorevnments in Cali
fornis and New Mexico, assmilating them, as far
as practicable, 10 the free institutions Of our own
country In his special message Of July "a, l5fs,
he vindicated his right TO do so by the laws of
tons, giving his reasons at full length for the
ders he had given.
The treaty Of Guadalupe Hidalgo, having been
exchanged May 30, is4S, became operative upon
both governments, changing their belligerent stti
tude toward esch other 10 that Of peaceful relations
In his last annual message TO Congress, December
r, lS4S President Polk informs US, that "the only
government which remained latter the treaty j was
that established by the military authorities during
the Regarding this TO be dc faeto govern.
ment. and that, by the presumed consent Of the in
hsbitants,- il might be continued temporarily,
they were advised TO conform and submit to it, for
the short intervening period before Congress would
again assemble, and could legislate on the sub
jcct."
Colonel X. Il. Mason was the civil governor OF
California at the conclusion Of the treaty Of peace,
and under the orders Of the late administration s.
sued proclamation TO the people, in which he