Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-04-18
but in direct conflict with the principle on which

but in direct conflict with the principle on which
our political system rests.o
President Polk, in his annual m sssage, dated 6th
December, Is4s, uses the following language:
sThe question is believed to be rather abstract
than practical, whether slavery ever can or would
exist in portion Of the acquired territory, even
if it were left to the option of the slaveholding
States themselves. From the nature of the climate
and productions, in much the larger portion of it,
it is certain il could never exist and in the remain
der, the probabilities are it would not.
"But however this may be, the question, involv-
ing it does, principle of equality of rights of
the separate end several Staes equal copartners
in the Confederacy, should not be disregarded
oIn organizing governments over these Terrific
ries, no duty imposed on Congress by the CoDstiu-
ton requires that they shoud egislae on the sub
ject Of slavery, while their power to do so is not
only seriously Questioned, but denied, BY many OF
the soundest expounders of that instrument.
"Whether Congress shall legislate Or not. the
people ofthe acquired Territories when assembled
sess the sole and exclusive power TO determine for
themselves whether slavery shall or shall not exist
within their limi.s.''
The people of California, therefore. acting in con-
formity with the views thus expressed, and what
seemed to be the generally admitted opinion In the
States, had every reason 10 suppose, and did sup
pose, that by forming constitution for thu mselyes,
and deciding this question in accordance with their
own views and interests, they would be received
with open arms by all parties.
regularity which has ever characterized the Amer
lean people In dischargng the great and important
duties of self-governinent.
As already stated, Arrived at San Francisco on
the morning Of the fourth Of June.
The steamer in which was q passenger did not
stop at Monterey; therefore did not see General
Riley, nor had any communication with him until
about the middle Of the month, when he came to
San Francisco. few days after my arrival, his
proclamation calling convention to form State
constitution, dated the third Of June, was received.
The people acted in compliance with what they
beleved to be the views Of Congress, and conform
ably to the recommendations or the proclamation
and proceeded, the day appointed, to elect mem
bers to convention for the purpose Of forming a
constitution, to be regularly submitted to the peo-
pie for their ratification rejection. and, IL APP
proved, to be presented to Congress, with prayer
for the admission Of California, State, into the
Union.
Idesire here to make brief and emphatic reply
to the various unjust and most extraordinary accu
sations and insinuations which have been made
respecting the movements Of the people of Califor
MIA In forming their State government.
had no secret instructions, verbal or written,
from the President, or any else, what to say to
the people Of California the subject Of slavery;
nor was it ever limited ntimated to me that was
expected to attempt to influence their action in the
slightest degree on that subject. That never did,
the people Of California will bear me witness. In
that Territory there was none of the machinery OF
party or Of the press and ii is absurd to
suppose that any secret influences, for against sla
very, could have been used there, than it would be
to believe that they could be successfully employed
in Maryland or Georgia.
Therefore declare all assertions and insinuatons,
that was secretly instructed to, or that did in
any way, attempt to influence the people Of Califor
MIA to exclude slavery from their Territory, to be
without foundation.
The election of delegates to the convention nro-
ceeaed regularly in pursuance of the proposed mode
of holding Ii, and, far am informed, no ques
tiOns were asked whether q candidate was Wing
or Democrat. or whether he was from the North
or the South. The only object seemed to be, to find
competent men who were willing TO make the sac
rifce Of time which proper discharge ftheir du-
ties would require.
As soon after my arrival at San Francisco as the
arrange ents of General Smith would permit, l
proceeded with him to the interior Of the country,
for the purpose Of examining the gold region, and
other interesting and important portions Of it. !
did not return until the 9Th Of August. The cleo
tons had taken place when was in the mountains.
! was taken ill on the 26th of that month, and
confined TO my bed and my room more than two
months.
The convention met on the Ist Of September. So
II will be seen that was not present where any e.
lection was held, nor had any thing to do with Sc
lecting or bringing out candidates; and my illness
is sufficient proof that did not, and could not, had
been disposed. exercise any influence in the con-
yention, which was sitting one hundred and thirty
miles from where was.
Some intImations or assertions, rs am informed,
have been throsn out that the South not fairly
represented in the convention. am told by two
of the members or Congress elect from California,
who were members Of the Convention. that Of the
thiryseven delegates designated in General Riley's
proclamation. sixteen were from slaveholdng, ten
from the Notwithstanding States, and eleven who
were citizens Of California under the Mexican gov
eminent, and that ten Of these eleven came from
districts below IS deg. 80 min. So that there were
in the convention twenty-six of the thirty seven
members from the slaveholding States, and from
places south Of the Missouri compromise line.
appears. on the journal OF the convention, that
the clause in the constitution excluding slavery
passed unanimously.
FRO Pc coSTINuEp.l
See American Insurance Company ct al. Us.
Canter, l st Peters, Supreme Court Reports, 542.