Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-20

ION hs own hook" In this condition OF things, the fewer
connections they have the better for them. Such a people,
nndar such circumstances, would of course exclude slaves
however desirable they might be to them under other circum-
stances. II is for the same reason thaI .ne peop,s oi Sanao
MIA are now attempting to expel foreigners, that tney exciudeo
slaves. They are not seized with a sudden ut OF Native
Americanisui. but foreigners and negroes are the only classes
they can expel viii even a show OF authority and they eA-
pei them that they may have, as near as possible, a mon"po'
iy of the mines. Bnt for this. in California, as IN every Other
new country where labor is scarce and dear, emigration
would be encouraged.
to slave labor, and thai, under no circumstances would il
have gone there. Such is not my. opinion, ana never mas
been. In its climate and pursuits, 1t is admirably suited 10
African slavery. II is warmer than that OF Eastern virgil
MIA, and there is no pursuit in which slave lahor can De SO
well employed as in mining, especially OF the precious me-
tails. One of the difficulties, OF employing slave labor In
agriculture, is the ineficiency OF It in the absence OF super
vision, and the difficulty of proper supervision where The
slaves are dispersed. But in mining operations they are, TO
a LARGE extent. embodied, and the same superintendent,
which is requisite with any kind Of labor, is quite suiicienl
Tor them. Where II white man is employed IN mining the
precious metals, il he come across a valuable deposit ne can
make away with il without difficulty. But IN all slave
States, every one is prohibited from dealing win slaves In
articles which can only belong to the employer. nave no
doubt, therefore, that but for The law prohioitns IL, slaves
would pe carried to California as soon as nliningthere should
become u systematic pursuit. The only d!iticuity u one winch
il not ufoperly appreciaied-th inadequacy, AT this time, OF
the supply of them. They are all now protitaby employees
the demand for them exceeds the supply, ana consequently
a large number oil them could not be removed from any OF
our Southern States without creating n deficiency ni iaoor,
and aunmenting its price. This difficulty is rapidly d!sap-
pearing under the natural increase OF that species ol popu'
latiun which, in u short Time, will require new hcius u EN-,
ployment, 10 secure the comfort VI oo'h WV q man a"u
Mr.. Chairman, the Constitution of the United States was
violated ~ the Administration IN other RESPECTS, In lis pro
ceedinrs in California. The Constitution declares that NO
mo ev shall be drawn from the Treasury but in consequence
of appropriations made by law; and u regular statement and
account Of receipts and expenditures OF all pubic money
shall be- published from time 10 time" Yet without any APP
propria,ion by law, the salary of Mr.. King was pald nun
from the public Treasury, as was also The per diein ana oUi-
er expenses of the California convention. And notwith-
standing the last sentence nj the clause al the OuHSltullon
which have Just quoted, l have been unable to ascertain
what amount Of expenditure was incurred on these TWO ae-
counts. nor Gun | ascertain out of what particular lunds
they were paid. But this last point, in the view am taxing,
is not important, sit makes no difference out "i what iuhus
they were paid. as il is perfectly certain that there were no
funds appropriated Ter any such purpose, ana none WHICH
legally could be so applied.
This series Of audacluuS outrages perpstrated by tue au-
ministr4 lion. have greatly complicated the difficulties grow
ing out of the slavery agitation, and have greatly exaspera'eu
the Southern people. know it is said that what has been
done is now irremediable, and that al now left 10 US, Is 10
maxi HE best We can OF il. To a considerable extent Know
this ia true; but so fur from It's reconcilinIg us 10 wnat "a hs
been done, the very conviction that such wrong should De
successful bur adds 10 the feeling OF irritation ana discomfort
il, indeed, II has not awakened one OF u more deciueu Il
ractrr.
Bat, sr, as fagitious as these proceedings have been IN re-
spec, Ia California, they are propriety itself in comparison
with what has been done, and proposed in respect 10 New
Mex Not only has Il military government been cohohu-
ed ilcrr, without authority of law, but the Executive mas re-
I 5nlmendei 10 Congress ~ abstain from organizing a 'eiii-
toIial government, and leave the country under Iliii'aiy run,
anti 1t IS ready 10 apPly Tor admission into The mon as Il
State. AMI this recommendation - made 10 is, D! u'se
advocates vi the nigh; ot the people 10 glucose iof themselves
their ioln of government, Notwithstanding the people oil
New Mexico, in convention assembled, had, al Tie 'luie ~
TINS recommendation, EXPRESSED their decided preference lot
d territorial government III Inc usual form; and had r.l!lioh-
cG Congress 10 extend one over them. And, strange 70 say
this m,nsigous recommendation has met Win advocates ~
this i1r, and in gentlemen, too, who denounced fftsiuch'
Polk as Il tyrant and usurper for authorizing the establish
meat oi temporary civil governments in time ii war,
Sir, shall never forget The fury with which fiesiieht
pulk, and ~ who defended him, were assaulted upon TINS ii'"f
al the Tine | aIludc 10. / here was no tIltntt It hiIsH' th
il was not applied. He was charged with having ush:peu
the movers OF Congress in establishing temporary govern
mrnls IN Mexico. II was admitted that humanity required
that civil governments, adequate Ia protect persons ana pro
perty, should be established. Bat II was contended that this
could only De done BY Congress. To Ina, body, II was ar
gued, belonged the power, exclusively, 10 declare war, al'
ito make rules concerning captures IN land or water. On
that OCCASION, | undertook to defend the President; nut did
/ or he rake the ground that he had the power 10 establish "r
continue those governments for one moment after The war
had eniedl On the contrary, The establishment oi ihost
quasi civil poyernmenis-civil in their iurms and rules Il
proceedings, tut military in thelr ofiain-was delenced Us
uGr measures. We admitted that Congress had TIE tAclt-
svc r.ht ~ declare wa; tut We maintained that IL tie f!esi.
dent, aS COMMANDER n-cllei VI The amy ana navy ptioh-Iu
the duty 10 wage IL.
We admitted that Congress possessed the power 10 make
rules concerning capturee uy land and 10y wafer: hui We
maintained II they declared war without DONG so. ihal, III
the language vi the Supreme Court, IN such cases the g.
neral laws of WA applied y and We showed that by those
laws il was not only tile right, but the duty ot the President
vi the United States, not as the civil executive, but as com
~nander-in chief of our forces, 10 establish quasi civil CO.
verninenrs 10 protect the %vanquished during our military oc-
~cup,tion Of the country. In support Of this view, We refer
red 10 cases in our own history pariicularlv H. tnc occasion
III ihr la.e war with great Britain, vi our taking Upper Ca
NADIA, upon which General Harrison, acting under the in
Struciiuiis Of Mr.. Madison, 50 profoundly vefscd IN national
law. established Temporary civil governments. When hc did
81, he only substituted a milder Tor a more rigorous law
civil Tor martial law. But we utterly denied the power OF
the President 10 continue those governments one day alter
the war ceased, ar the Territory III when they existed be-
came, either by treaty or otherwise, completely onr own
10 have claimed for him any such power. would nave IN
volved the claim of power in the President 10 proclaim mar
til law in time Of peace, with the jurisdiction oi cur laws
Yet, notwithstanding This disclaimer. We were denounced as
monurchists, and es claiming for the President more than
legal powers.
Ii these military governments had been continued "a gov
ernments de Jacto, and merely Tor the purpose oi preserving
good order, and under instructions not Ia interfere with civil
aiftirs, 50 as 10 change the status OF them, 1 Should nave
been the last I" complain. The necessity OF The case would
have excused it. But they have gone greatly beyond this.
Those military officers have actively participated in civil al
fairs, and exercised sovereign functions. They have under
taken 10 convent conventions Of the people 10 frame consti-
tulions. to district the Territories, and Ia fix the qualification
of voters. While we, the representatives OF the people, are
engaged upon The very sntJect OF the government oi our
Territories, it is snatched from our hands by I'm officer OF
the army acting under the instructions OF the Executive
The Gordon knot which we are eXiiansting our Ingenuity
10 unite is suddenly cut Ivy the sword of a lieutenant colonel
of the army! In the better days OF TIE Republic, what, sir,
woul! have been said Of such transactions rs thcsc2 Under
such auspices, Il constitution has been formed IN New Mex
leo, and is al this moment in this city. II would be a USE
less consumption Of time L. undertake IL describe lis charac-
ter. The Influences which sta:aped the character Of the
constitution Of California, have operated in New Mexico
And We are told that during this Congress, New Mexico IS
10 Dc uulHNttu dS Il Slilc INV 'HIS SuHpi ShNi q IIpI'Su-
ing il 80 yiola;ive OF every principle Of %propriety, and OF the
Constitution of the United States, that l desire To expose il
at once in al OF its d.lormity.
The Constitution of the United States provides that "New
States may be admitted by the Congress into this Union; but
M new State shall he formed or erected within the jurisdic.
ton of any other State; nor any State be formed by the
junction of two or more States, or parts of States, without
the consent Of the Legislatures Of the States concerned, as
we'll as of Congress" My friend from North Carolina (Mr.
AsHE) Yesterday read this clause Of the Constitution, and
To bring the case of New Mexico within it, he undertook To
show That the boundaries ofTeSas unquesiionably extended
10 the Rio Grande, from its mouth 10 its source. My own
opinion is, TINT the weight of the argument il decidedly with
him; and, if ii be so, there is an end OF the matter. But /
shall not gu into il now, for il is not necessary for my pur-
pose. Ii any part OF the territory included within the pro-
posed boundaries of New Mexico is under the jurisdiction Of
Texas. whether by perfect title or not, / do not care; YOU
cannot admit her as a State, without violating the provision
of the Constitution which | have quoted. This will be made
manifest by the history of il.
To comprehend il fully, we must revert 10 The mischief
against which it was designed 10 provide. Under the arti-
ces of Confederation, few subjects gave rise to greater
embarrassment in Congress than the claim Of Vermont TO
be admitted into the Conedcracy ~ an independent State.
She was within the limits claimed by New York, but she
had successfully resisted the authority of that State, and set
up for herself as an independent community. She had ex-
tended her encroachments beyond the bounds originally
claimed BY her, into those of both New Hampshire and New
York. She claimed admission into the Confectionery as an