The southern press., 1850-06-25
RI w EEK LY.
Washington, Tuesday, June "a, 1850,

mountains, asked MIN Wndt was lne desire
Of the people in Congress; observed to him
that 1t was not the desire Of the people of
California TO tase larger boundary than the
Sierra Nevada; and that we would prefer
not embracing within our limits this desert
waste to the east, His reply was, For
Gods sake leave US no territory to legislate
npon in Congress- He went on to state,
then, that the great object in our formation
of a State government, was to avoid further
Legislation. There would be no question as to
our admission by adopting this course; and
that all subjects Of minor Importance could
afterwards be settled think my duty to
impart this information to the Convention.
The conversation took place between Mr..
Thomas Butler King and myself.
i MIR. BOTTS. have remarked it as a
singular fact, that we have reports daily, and
almost hourly, Of some important information
that has been received from some particular
sources; letters that have arrived, converse
tons that have occurred, something that
some gentleman has heard Mr.. Thomas But
Ter King say. Now, sir, take it that Mr..
Thomas Butler King, nor no other single in
dividual, is the exponent Of the wishes Of the
Congress of the United States. He is but
one man on the floor of that Congress. He
gives but one vote, and that vote it is not in
his power to give whilst he remains in the
State Of California. No, sir, not even that
vote, either directly himself, or indirectly
through his friend upon this floor Sir, take
it that if Mr.. Thomas Butler King did know
and had a right to tell us what were the
opinions Of the Congress Of the United States,
it would be for us to consider r: ther what
our own opinions are, than those Of Congress,
upon this subject. Therefore exclude the
} whole testimony as totally irrelevant to this
} matter.o
Thus, it seems, that the opinions and dis
courses Of Mr. King, if not that Of others,
did influence and control the action of the
California Convention upon this most delicate
subject.
1t is great mistake to suppose that the
highest interests of California require her i'm
, been announced in the other wing Of the
Capitol, that this new State must for a time
be supported by the Federal Treasury, hav-
. ing no revenue OF her own. 1t is the first
instance of such pretension, and is Of evil
example. States ought never to be depend
ent on the Federal Treasury.
If the report Of Mr.. Jones be correct, that
there never was surveyor in California,
then it is true that there is not a COM
plete title in that country; for it is notorious
f fact, that in no part of Spain or Mexico did
3 dicial possession. All these titles, on this
E statement, are inchoate, and must depend fol
validity on the future Legislation Of Congress
E If the statements Of Mr.. Jones are accurate,
there is not title in California that will sus-
I tain an action of election. They are not
} legal titles, but mere equities, requiring the
: action of Congress, which in good faith their
owners are entitled to demand The inter-
ests Of California require Legislative. action on
. these subjects far more than present admis-
sion into this Union.
$ Whatever may be the difference Of opinions
: as to the extent Of the power Of Congress
: over the municipal and internal affairs of a
territory when organized, there can be no
well-founded doubt that the right to author
: ize State territorial government is exclu-
{ svely in Congress. Until the ter. itory be-
; comes State, tue right to govern is in the
t United States, and not in the people who
: happen to be present or located on the pub
: lie domain. In the case OF Florida, the Su-
: preme Court Of the United States declared,
: that perhaps the power Of governing ter
, rtory belonging to the United States, which
: has not, by becoming State, acquired the
| means Of self-government, may result neces-
, sarily from the facts that it is not within the
power and jurisdiction Of any particular State,
and is within the power and jurisdiction Of the
United States. The right to govern may
, be the inevitable consequence of the right to
, acquire territory. Whichever may be the
4 source whence the power is derived, the
: possession Of it is unquestioned. vi Pet
{ ers, 542.
/ do not admit that under this power Con-
] gress has any authority to destroy private
+. property. This cannot be done either in the
e States or Territories by the Federal Govern
ment, because it is restrained by the Consti-
{ tuition. BY express provision of the Consti-
r tuition, it may take private property for pub
, lie use, first making compensation therefor.
t Ii has no power to take or destroy private
property to promote any general purposes Of
I puDnC Soou, vi dhy ieal vi mlo'aheh Nie"s
t of human philanthropy. The Federal Gov
eminent has no such mission. In the Terri
!, tories, Congress may remove obstacles to the
| enjoyment Of property, by giving remedies
r and salutary police regulations, but il can
neither exclude nor destroy it. The Fede-
, raj Legislature is limited in its exercise ol
, power over property. Congress having in
: itself no authority to exclud, or destroy pro-
pcrty in the Territories, can delegate no such
: power TO the territorial legislatures. II can
, not confer that on another which it does not
(, possess itself II a Territory is within the
power and jurisdiction Of the United States,
, il is exclusively SO Until it acquires new
| sovereign; and this cannot be done unless
9 admitted as State into the Union. How
: can there constitutioually be a State on the