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

DC erected out oil It's own territory or d0-
main. Naturally, before any political COM
munity enters on any portion Of this domain
to erect it into State, the consent Of Con-
gress should be had, and, as general course
of Legislation, such has been the practice of
the Government The late treaty with Mex
leo evidently contemplates that the Congress
of the United States will move first in this
matter, and that, until it does act, these ter
rltories will be governed by the authority Of
the United States. AS to the time and
method OF admission, the language Of the
treaty is peculiar and quite different from the
provisions by which we acquired Louisiana
and Florida. ~
The treaty with France of 1903, for the
acquisition Of Louisiana, provides that g the
inhabitants of the coded territory shall be
incorporated into the Union Of the United
States, and admitted, as soon as possible,
according to the principles Of the Federal
Constitution, to the enjoyment of all the
rights, advantages, and immunities of citi-
zens Of the United States"
In the treaty with Spain, Of 1919, it was
declared that the inhabitants OF Florida
/" shall be incorporated into the Union Of the
United States, as soon as may be consisten:
with the principles of the Federal Consti.u-
ton, and admitted to the enjoyment Of all
the privileges, rights, and immunities Of the
citizens of tile United States"
The treaty Of Guadalupe Hidalgo declares
that " Mexicans, who in the territory afore-
SAID, shall not preserve the character Of citi-
zens of the Mexican Republic, conformably
with what is stipulated in the preceding
article, shall be Incorporated into the Union
oil the United States, and be admitted at the
proper time Ito be judged by the Congress
of the United Sta'es to the enjoyment Of
all the rights Of citizens of the United States,
according to the principles ofthe Constitution;
and, in the mean time, shall be maintained
and protected in the free enjoyment Of their
liberty and property, and secured in the free
exercise of their religion without restraint
Here Congress is giveA wide discretion
by the treaty, which is tie law Of the case,
unless it can be shown that it conflicts with
the Constitution. Congress is made by the
treaty the exclusive Judge Of the proper time
for the admission Of these people into the
Union. 1t is fair inference from the lam
guage used that the commissioners contem-
plated that Congress would say to them
when the proper time for admission had ar
rived. II was not the people of the coded
territory, but Congress, who were to Judge
Of this matter. The reason for this provis-
ion must occur to every one. At the period
of the negotiation Of this treaty, the mines of
California were unknown; the mass of the
population were Mexicans and pueblo In
dams, and they were to have year to de-
termine their citizenship. 1t was very UNI
promising material out of which to form
American citizens, capable of working our
representative system. Mr.. Trist knew
their character well, and hence the provis-
ion in the treaty which gave to Congress
unlimited control over the time Of their in
corporation into the Union, and made the
previous action Of Congress condition pre-
cedent to their formation Of States in order
to an admission into the Union. 1t is obvi-
Gus, from the language employed in the
treaty, that the commissioners contemplated
territorial government for these countries
previous to their admission into the Union
Until admitted into the Union, the treaty
expressly guarantees to these people their
liberty, property, and religion, which shows
that an intermediate territorial government
was contemplated by the commissioners.
Admitting, for the sake of argument, that
the legal difficulty Of the want of previous
assent of Congress to the formation of this
State could be cured by subsequent legisla-
ton, still there is another defect which is
radical, and goes to the nullity of the very
basis Of the California constitution. The
delegates who formed the constitution itself,
were not elected by citizens OF the United
States with a legal and fixed domicil in Cali
fornia, and large portion Of those who vo-
ted for its ratification were laboring under
the same disability. The Constitution OF
the United States, wherever it speaks of
federal numbers, looks to citizenship and
domicil. The cit zens of one State cannot
be enumerated in another Citizens domi-
ciled in one State cannot vote for MEM
bers OF Congress in another To maintain
the reverse would be to overthrow the entire
theory of the Government,
and destroy the State system. The people
of Ohio have no power, under the Constitu-
ton, to permit the citizens of Kentucky to
be enumerated or vote for President or mem
bers Of Congress in that State If they had
this power, the federal slave basis could be
transferred to the free States, and the same
federal numbers counted in different States.
The exercise of the right Of suffrage touching
federal rights, under our system, cannot be
separated from domicil People domiciled
in the States lave no right, under the Con-
stitution, to participate in the formation of
a government for a new State in one of the
Territories this Union, or to vote for mem
bers of Congress to represent it. Their po-
litical rights, in this respect, are fixed in and
pertain to another jurisdiction. That the ac-
ton of California violated the law and the
Constitution in this respect, is evident from
the following provisions established by the
proclamation Of General Riley, on the Sd of
June, 1S49:
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