The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-15

VIII proDaDly be Submllted, together with the
Constitution, to direct vote of the people, in
order that the wishes of the people of Calitor-
MIA may be clearly and fully expressed OF
course, the Constitution or plan of territorial
government formed by this convention can have
no legal force until approved by Congress"
Here we see the announcement distinctly
made that State organization was to be adopt
cd in order to .avoid the question of slavery"
This was evidently leading idea in the mind of
General Riley, and every step taken by him, from
the issuing Of his proclamation to the surren-
der of his executive authority, goes to make ont
n strong ease of completely against him, for
which the Administration is justly responsible,
as his conduct has never been disavowed. And
here let us inquire by what authority General
Riley presumed to call this Convention. In his
letter to the Adjutant General, just referred to,
he says: ..t. "r. ...n s." ..I .s
Son the lst instant | received reliable infor-
nation by the steamer Edith, that Congress had
adjourned without organizing any territorial
government for this country and accordingiB
on the Sd instant, issued my proclamation to
the people Of California defining what was I'M
derstood to be the legal position of affairs here,
and pointing out the course it was deemed adj
ysable to pursue in order to procure a new po-
litical organization, better adapted to the char
acter and present condition of the country. The
course Indicated by my proclamation will be
adopted by the people almost unanimously, and
there is now little or no doubt that the Conven-
ton will meet on the LIST of September next,
and form Il State Constitution to be submitted
to Congress in the early part OF the coming ses-
SION"
We now come TO this celebrated proclama-
ton, and | venture to say a more remarkable
document never cmanated from any source
whatever. He commences by announcing that
as Congress has 'taiLed to provide new Gov
ernment for this country" he would call atten-
ton to the means which he deems best calcu-
lated to avoid" the ADVERTISEMENTS of their
present position. He then states that he had
assumed the administration of civil affairs in
California under the instructions of the Secre-
tary of War, mot rs Il military governor" but
as the Sc Executive of the existing civil Govern
ment, and proceeds to say:
" In the absence of a properly appointed civil
governor, the commanding officer of the depart
ment is, by the la,cs of California;, cx-otiicio,
civil governor of the country. * Il
The military government ended with the war,
and what remains is the ciUil government by the
eristing iaacS Of California"
Having thus shown the source Of his author
it,, General Riley then makes this most impe-
rial announcement:
AS Congress has failed 10 organize new
territorial government, il becomes OUR impera-
tive duty to take some active measures 10 pro
vide for the existing wants of the country.
This il is thought may be best accomplished BY
putting in full vigor the administration of the
laws as they now exist and completing the or
ganzation of the civil government by the cleo
ton and appointment Of all officers recognized
by law; iosite at the same time a convention IN
! ,chich all ports Of the territory are represented
shall meet and jr0me State constitution or a
TERRITORIAL organization to be submitted to the
people for their ratification, and then proposed
to Congress for its approval. * \ *
In order TO complete the organization with the
least possible delay, the undersigned, in rirt"c
Of the poacer in him rested does hereby appoint
The Isl Of August 1sert, as the day for hoLtiRg Il
special election far delegates TO general co1rcr-
ton, and for filling the Offices of judges, pre-
fects alcaldes," &c.
Now ask, Mr. Chairman, where in the whole
history of our Government can q parallel be
found for such an act Of fragrant usurpation as
this {! Where does the Executive or his agents
find authority to supply omissions in our legs-
lation, and to "provide new governments" for
our territories when Congress has failed to
do so. | had always supposed that the chief
duty of the Executive was to stake care that
the laws be faithfully executed" and am yet
to learn that he is in anywise responsible for
our sins of omission. Once sanction such
doctrine, and allow the President to do what
Congress has " failed" to do, and you change
the whole structure of our Government, and if
it does not become monarchy, it ceases at least
to be n republic deny, sir, that on this occa-
sion the conduct of General Riley was justified
on the plea Of an overriding necessity His
proclamation was issued OH the Sd Of June and
the election ordered for the Ist Of August
Congress was about to assemble in few
months afterwards, and General Riley himself
expressly says:
considerable time must necessarily elapse
before any new government can be legitimGtely
organized and put in Operation-in the interim,
the eristing government, Of It's organization be
completed, ,cM be fo,nM sufficient for all oar tenn
P0rary acdntS. ~. 0t.fsn- ...s
California, therefore, would have had to wait
but few short months before Congress, COIN
posed of representatives fresh from the people,
would convene. No one presume will have
the hardwood to- meet this view of the case by
saying that as Congress had once already fail
ed" to provide government for that territory,
il would fail" again to do 80, and therefore it
lev should assume the whole control of the
subject. .......
For one ! entertain the opinion that this Con-
oress. if sustained bv the " wisdom and patriot
ism" of the President, would probably have
abstained from the introduction Of those excl
ting topics of sectional character which have
hitherto, produced painful apprchensons in the
public mind" and il this spirit would have pro-
vided territorial government for California by
which all causes of uu"asiness may have been
avoided. aud confidence and kind feeling pre-
served .
You are aware, Mr.. Chairman, that one Of the
most important questions which has arisen in the
course Of this discussion is that which relates to
the existrnce and operation OF the Mexican laws
in our newly acquired territories. The differ
cnecs of opinion in rcbtio1 to this question
have now become narrowed down to what are
termed the ,auaic;,rl laws Of Mexico; for all
parties are aarccd, LII the political laws Of that
country hav, been abrogatcd ia those territories
by our conquest and acquisition. And yet sir,
General Riidy, in utter Disregard of this well