The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-26
SPEECH OF


tornia- Delivered in The House Of Represen-
tatiUes, January %, 1850. s
The Presidents Communication, in reply to the
Resolutions of Mr. VESABLE calling for in
formation in relation to California and New
Mexico, being under consideration
Mr.. seldom said
Mr.. SPEAKER: The action taken, and the
course of policy recommended by the Executive
to be pursued in reference to California and the
Territories lately acquired from Mexico, as de-
veloped by the message and documents now on
your table, are to my mind so strange, startling
and dangerous, as to demand at the very first
opportunity, even on the motion to print, exami-
nation and exposure should have been bet
ter pleased if this duty had been undertaken by
some member of more weight and reputation,
who might have commanded in larger measure
the attention and confidence of the House and
the country; but since none such seem to have
directed their special attention to this matter,
and to be now prepared to expose the character
and tendencies of that message, |, sir, humble
as am, feel imperatively bound to make the
attempt, and to invoke the most serious attcn-
tenton of the House and the country to them.
For clear perception of the action and policy
of the Executive towards California and our
other acquisitions, and of their tendencies, il is
necessary to advert to and ascertain the condi-
ton Of those Territories, and especially Cali
fornia, at the close of the war with Mexico-
the relations existing then between them and
the United States--and the obligations result
ing. For breyity, shall for the present refer
ito California only, though the same observations
will apply with equal propriety to all our other
acquisitions, not belonging to Texas.
During the war, California had been subjuga-
ted by the prowess of the American arms, and
was held, after all resistance had been quelled,
in tranquility under military domination. BY
the treaty Of Guadalupe Hidago which restored
peace, California was ceded by Mexico in abso-
lutte sovereignty to the United States, in part for
the consideration Of a large sum of money,
$lS,4OO,O00- the greater portion of which
is yet to be paid. BY those means, California
became Territory Of the United States. The
Constitution Of the United States, as far as APP
plicable, extended over it, and became "the
supreme lap Of the land" The sovereignty over
it was ceded to, and vested in the sovereign
States of this Conference.-The United States
In them was vested the eminent domain, the
ultimate proprietorship of the whole. Whatever
of Legislative power could be exercised over ter
ritory of the United States, in conformity to our
Constitutian, the rights of the States, and the
principles of our Institutions, appertained to,
and was vested in the Congress of the United
of the United States, his rights and his duties in
respect to this territory, were established and
EXISTED under and by virtue of the Constitution
of the United States, and were by it to be ascer-
tanned, limited, and defined They We're purely
Executive, and under the Constitution could be
neither Judicial nor Legislative. A
At the conclusion of the war, a de .tacto gov
eminent existed in California. Until the inter-
position of the Legislative power, according to
well established principles of national law, that
de facto government continued from necessity
and to avoid anarchy, based upon the presumed
acquiescence as well OF the superior legislative
body as of the people over whom it operated;
but in subordination, of course, to the Consti-
tuition of the United States which had become
the supreme law, and to the paramount rights
and obligations resulting from the new relations
of California as territory of the United States
The rights and duties of the President of the
United States, in reference to that government
and the territory, were simple and clear. They
were exclusively executive Until the action OF
the Legislative power, he was bound to maintain
that de facto government to see to the due exc
cution of its laws, in subordination of course to
the Constitution, and to preserve peace and
good order. Under our Constitution, all the
executive power granted is vested in the Presi-
dent of the United States. Of course, then,
the governor Of the de tacto government was
his subordinate, exercising his powers, response
BILE to his authority and instructions, and remoy-
able at his will. No greater powers or rights
were or could be vested in or exercised by him
than by the President under the Constitution
and his acts, not disavowed, but either directed,
assented to, or approved, were the acts of the
President. He no more than the President, the
Subordinate no more than the SUPERIOR could
Irghtfully claim or exercise either judicial or e-
gislative functions.
Such, submit with confidence defined with
accuracy and precision, were the new relations
established by the treaty of peace with Califor-
mia, the rights and duties of the United States
and the coordinate departments Of its govern
ment in reference to that territory and its exist
ing government. We are now prepared for the
all-important inquiry, to which invoke earnestly
the grave attention of the House and the country:
how far the action and policy of the past and
present Administrations conform to them!
1t is intimated, rather than directly expressed
in the message on your table, that the course
and policy of both Administrations in this re-
spect have been similar--in effect the same that
of the present Administration being only in pur-
suance and further development of the line Of
| policy adopted and commenced by the last.
| This does not appear to me to be just or true,
| and feel bound so to declare. Ii know N.Y.
self, Mr. Speaker, can solemnly aver that in
the view | take of this whole subject, and in the
animadversions which a sense of duty constrains
me to submit on the course and policy OF the
present Administration, / am influenced by no
feelings or considerations of party-I have no
animosities against the present Administration to
crafty as my best friends know, no feeling of
bitterness or hostility, but, on the contrary sin
cere respect and kind feelings towards the Presi-
A. 10 ,orfio lorlu I'D
would allay, not arouse, party acerbities; and
in the South particularly, would obhterate all
distinctions between Wings and Democrats, and
band all in cordial union and harmonious coop
Grafton in stedfast maintenance of our sectional
rights, and stern resistance OF the wrong and
insult menaced us. In my view, Mr. Speaker,
the subjects of my examination soar far above
party They ought to be investigated In the
! highest spirit of wisdom and patriotism we can
command They involve the gravest constitu-
tional inquiries, and directly affect the most es-