The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-11

| y, tO
it nota conquered race. No. they will be- for the
most part at least, emgrants from the United
Statesmen who have been nurtured at the breasts
Of American mothers-who have imbibed the feel
ings and the principles Of American fathers and
who, depend upon it, will claim TO exercise all the
rights OF American citizens They will therefore
Indignantly repel any attempt on your part to in
terfere with their domestic institutions
II these positions be correct, it clearly the
duty of the last Congress to establish territorial
governments over this country. And if it was their
duty then, i is equally our duty now. We are
bound to afford the inhabitants of this country
protection for their lives and property. We are
bound to do this not only by every principle of
justice and humanity, but by an express provision
of the treaty of Guadalupe Hidalgo, by which we
acquired it, the 9th article of which stipulates that
until the inhabitants of this country are incorpo-
rated into the Union, they shall be maintained
and protected in the full enjoyment of their liberty
and property"-a stipulation which have thus
far entirely disregarded.
But the inhabitants Of California, finding that
Congress had neglected to provide them with
government, have organized one for themselves,
and now claim to be admitted into the Union. The
question Is now submitted to whether not this
demand shall be acceded to.
Before examining this question, allow to say
few words in relation to the manner in which
this constitution has been adopted. Several gen.
temen on the other side have severely censured
the people of California for daring to adopt
stitution without having been authorized by Con-
gress to do So II has been called act of rebel
lion, of revolution, pronunciameto; and the Presi
dent of the United States, for having countenanced
or not having opposed this unwarrantable proceed
ing, has been charged with being particeps crimi-
nis and with having actually headed rebellion
against himself.
In relation to this charge / shall merely state.
that that is very strange revolution which con-
ssts not in overturning established government,
but in establishing one where existed before;
and that that is singular rebellion which consists
not IN opposing or resisting government, but, on
the contrary, in rendering immediate and vol
untary submission to it, in swearing allegiance to
it, and in soliciting to be allowed to participate in
its administration
In my opinion, sir, the people of California have
acted wisely in preferring government, however
irregularly constituted, to no government at all;
and the President, in affording every encourage
ment to the accomplishment of this object has done
no more than his duty.
II has been more than insnuated by several
gentlemen over the way, that not only this
convention gotten up by the direction of the Presi
dent, but that the constitution was dictated by
him.
1t might be considered a sufficient answer TO this
charge to state that it is entirely unsupported by
evidence, whether in the official documents that
have been laid before us, or in the unofficial
counts we have received from that country. But
we need not be satisfied with negative proof-we
have evidence of a positive character.
As regards the origin of this plan, candor com
pels me to say that the merit of originating it be-
longs exclusively to the late administration, and
that it is one of the few wise and judicious mea-
sures for which the country is indebted to it.
This is clearly shown by the official documents
transmtted to us by the President and is confirmed
by private accounts.
the deliberations of the convention that framed the
constitution, it is denied both by himself, by the
gentleman through whom this influence is said to
have been exerted, and, am told by the gentle
men who have been chosen Senators and Repre-
sentativcs, most, If not all of whom were members
of the convention.
And now let me ask how it s that the President
should have had sufficient influence TO get up this
| convention and to prescribe TO them what sort OF
a constitution they should adopt, and yet not be
able to procure the election of "a single member in
| either House favorable to his administration? l
| leave to gentlemen who have moro ingenuity than
| possess, to reconcile this discrepancy.
have no doubt, therefore, MIR. Chairman, that
the convention that framed this constitution
fairly convened, and that the constitution itself
was fairly adopted-at all events il was ratified by
an overwhelming majority of the people of Cali
fornia, Il believe more than $4,000 out of 3,000.)
IT. therefore, II contain provisions contrary TO
| the Constitution laws, TO the rights and in
terests of the United States, am perfectly willing
they should live under IL, at least until shall
have provided them with a government.
But the question now arises, shall California be
admitted into the Union with this constitution
This Is very different question from the first one
Whether California shall be permitted to govern
herself, is one thing; whether she shall be permit
ted in part TO govern is another, and quite diff
| ferent thing. Let remember, in the first place.
that this is not question between California and
the United States but entirely between the States
themselves, and 10 be decided exclusively with re-
ference 10 our interest and convenience. Califor-
MIA has, unquestonably, no right TO demand an
admission into this Union. We under no obli-
cation, we have given no pledge either express or
implied, 20 admit her. There is in fact, no such
organized or political body as California There
was Mexican province Of that name which we
have acquired and since its acquisition by null
titudes Of adventurers have focked TO it, not only
from the United States, but from Europe, from
South America, from Mexico from the islands in
the Pacific, and even from the opposite continent
have take of ~
are helping themselves very unceremoniously 10
all the gold they can pick up. We have, with a
berality unparalleled permitted this but does IL
follow that on that account we bound 70 confer
on this promscuous multitude any political powers
or privileges' Have they any right 20 complain If
refuse 10 do this Are we not sufficiently lbe-
gold. permit them either TO return to their re-
spective homes, or TO remain in the country and
govern themselves
Viewing the question, then as one to be decided
exclusively with reference TO own interests,
ask the gentlemen who advocate the admission Of
California, 10 inform what possible advantage
we will derive from her admission What end will
be promoted by il? Are we not competent 20 gov.
ern ourselves without the aid Of California; Sir
have yet TO hear the first argument in favor Of this
measure, and there arc many against IT,
La the FIRST place, all must admit that the pro-
ceedings by which this constitution was adopted.
were, 70 say the least, extremely irregular. The
convention that framed il, not being authorized by
Congress, bad no legal existence; and the consttu-
a, a
blank piece Of paper They have adopted such
boundaries for their State suited their pleasure
IL any one here prepared TO say whether those
boundaries such as ought TO approvei
The Constitution Of the United States Tart. l.
sec. y declares that Representatives shall be ap.
portioned among the several States according 70
their respective numbers and provides for an emu
meration Of the inhabitants Of each State, with a
view TO this apportionment. No enumeration has
been made of the population Of California. Is any
one here prepared TO say that she has population
OF actual, bona ds residents sufficient 20 entitlc
her to admission State9 II there be. he has
been more fortunate in obtaining information than
have been; for have sought TO obtain il, and the
accounts receive very contradictory. My
own opinion is, that she has not that population.
At all events, II such be the fact we have no evi-
dcnce oft. Thus, sir, called upon TO ad-
init into the Union country Of Yesterday; TO give
her much weight in the other House as the larg
est State in this Union, and as much weight IN
this body as some Of the smallest, without any evi-
dencc whatever that her population is sufficient 10
entitle her TO admission; are called upon 10 al
low her two Representatives, when II is exceeding
ly doubtful whether she be entitled to one. We