The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-24

nor were they embraced IN the provisions Of
the treaty of Hidalgo Under the laws Of
Congress on this subject, they are aliens,
and yet they have been permitted to vote
and aid in excluding the South from this
rich and common heritage Of the Union.
The next objection is, that for citizens Of the
United States to vote for delegates, citizen
ship in California is not required, but more
residence
With the exception of the admission Of the new
States formed out Of the older States, and the
Of Texas previous to admission, there has always
been an act OF Congress for the territory, fixing
boundaries and regulating the right of suffrage.
AT the time the convention was called at Mon
terey, there was no law of suffrage existing in
California. The Mexican law, which fixed ma
jority at IS years of age, and was in other re-
spects greatly restricted, not pretended to be
followed by General Riley The reason must be
obvious. As purely political regulation, deter
mining the relation between the citizen and his
Government, according to the writer's on internal
tional law, as well as the English aud American
decisions, this rule ceased on the transfer Of Cali
fornia to the United States The language Of the
Supreme Court Of the United States u: " The
same act which transfe rs their country, transfers
the allegiance of those who remain in il; and the
law, which may be denominated political, ID No
cessarily changed, although that which regulates
the intercourse and general conduct Of individuals
remains in force until altered by the newly created
power Of the State.
The right Of suffrage is not natural rights it is
positive institution of society, confded to GER
tain portion or its members for the good of all
The power to regulate il Was usurped by the
proclamation Of General Riley, and was an abuse
OF authority without parallel in the history
have been aware of this defect in the very basis
Of their proceedings, for the coastifution which
they framed declares the qualification Of voters,
and provides that every citizen Of California,
declared legal voter by this constellation, and
every citizen of the United States, a uesident Of
this State on the day of election, shall he entitled
TO vote at the first general election under this con
stitetion, and on the question of the adoption
thereof" Thus no domicil was required to vote
for the adoption Of this constitution; nothing but
simple residence on the day of election. main
tain that no one bas right to vote on the organic
cation ola State, unless he is domicied within the
territory at the time. deny the right Of strangers
and denizens to exclude the South and South
ern property from Of the territories by erect
ing it into State organization. That can be
effected only by citizens of the territory actually
who are forming a State government
under which they are to live. 1t is not the pro-
vince Of foreigners and strangers without domicl,
or any intention OF a permanent residence, who,
in contemplation Of law, still retain their former
legal domici, and have acquired no other. For the
rule Of law is well settled, that the domcil Of ORR
gin obtains until a new one is acquired, and it
cannot be acquired without an actual change and
an intention to abandon the former domicil and
acquire another.
Resident is defined: 6 One who resides or dwels
in place for some time. A. b. is now resident
of London" Judge Story informs US that !" two
things must concur to constitute domicil; first,
residence, and secondly, intention Of making II the
home of the party There must be the fact, and
the intent"
"If, therefore, person leaves his home for
temporary purposes, but with an intention to re-
change e Of domic = not n on aw ,bs
mere act of inhabitancy ina place which makes it
the domici, but it is the fact, coupled with the in
ention Of remaining; there must be amino ma,ed'
(Story on Conflict, 42.)
"A person who is native citizen of one State,
never ceases to be citizen thereof until he has ac-
quired new citizenship elsewhere (Story on
Constitution, $685.
If persons merely resident in State on the day
of the adoption Of a constitution are allowed to
vote, it follows that strangers who do not intend
to make it their permanent abode may control its
institutions and policy. Under such rule of suf-
frage, the citizens Of other States on the day of
election might be brought into the new State in
sufficient numbers, and for the express purpose
Of controlling its domestic policy The injustice
and illegality of excluding the South from the
ACIIItOJcS ny SUCH COURSE Oh proceeding unQeT
the pretence that 1t was State action, or people
of Territory settling the question Of slavery for
themselves, is too manifest for disputation.
There can be no validity in the action Of con-
vention, the delegates to which were chosen, and
whose constitution was adopted, by voters who
were not citizens of or domiciIiated in the State.
undertake to say, that where citizenship was
necessary to the jurisdiction of court in Cali
fornia, not one-ourth Of the voters for this con-
stitution could have maintained suit in the Judi
cial tribunals. II is doubtful whether this portion
were there for the purpose Of making it their home,
could not acquire domicil They were there
to dig gold, and with the intent to re-
turn as soon as they had collected certain guam
ty of the gttering dust. II is no answer in legal
sense, that many would change this view; the I'M
tent to remain was necessary to domcil and citi-
zenship. Without this intention, they had no
right to participate in the formation of State go
vernment, and to prescribe institutions to those
who were really resident citizens of the country
Under the rule Of their constitution, citizens of
other States might have voted on the adoption Of
the constitution on the day they arrived in San
Francisco, and departed for their homes on the
following morning.
Sir, it is not true that this constitution here pre-
scented was formed by the people of California It
is not their sense 1t is the work Of aliens, and
the citizens Of other States of the Union, without
domicil or citizenship in California II was
usurpation of political rights clearly opposed to
the principles Of the Federal Constitution and the
spirit of our Government. 1t is well known that
the great mass Of the real citizens of California,
who were made so by the treaty, or had made
themselves such by residence, were entirely over
slaughed by this action Of adventures and stran-
gers. The great majority of the citizens resided
south of $50 3O, and were unanimous in favor of
a territorial government Their wishes were over
ruled and defeated by horde of newcomers, the
men Of day, whose baggage had scarcely been
transferred from the shipping to the shore 1t
is notorious that the people south of that line
were, in the sequel, induced to vote for the
State organization only to free themselves from
present difficulty, and under assurances that it
the only hope of civil government Since the
agitation here, portion Of them have reiterated
their choice for territorial government.
But, sir, such as hepopuation was, the number,
at the time Of the formation Of the Constitution,
was not enough to entitle them to State govern
ment.
The statement OF T.. o. Larkin, esq, navy
agent at Monterey, as TO the population of Cali
fSrnia, is published in the American Quarterly
r eoisfer and Magazne. "The population Of