Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-20
rEnpRAL U%sURPATIoNs.
SPEECH OF Mr.. 7, H. BAYLY,

SPEECH Ufo OF M IIRs,s /; IL Dhini
a. .. Proceedings Of The Ereeutire in California and NsY
"a Msrieo, deIpsrssa IN he House Of Representatives. "so-
n les H,nss heinz in Committee of the Whole, on the re-
mort of the Committee on Elections, IN the case OF .he appn,
cation of II. N. SMITH to be admitted 10 d sed'm me iou''
"a Delegates from New Mexico,
Mr.. BAYLY said: Mr.. Chairman ] had not designed 10
take part in this debate until | heard the speech OF ue gen
,lenan from Indiana, Mr.. McGAvoHEY ne saiu .ma. ;e
question Of the admission of the Delegate from New Mexico
was one of but lille consequence 10 any one out himsehi
for that she had formed a constitution and would shortiy ap-
ply for admission, and would De admitted Unite dno me ~, s -. s e.
,irely without authority of the party with which he acts
Besides this there are other indications, not to De mistaken,
Of the existence of the purpose 10 which ne aiiudes' .Oon-
inn events !, At their shadows before y and il is certain that
ere the end OF this Congress is reached, an effort VIII he
made, by a powerful party IN II, 10 orln9 New n'AHo In'o
This Union upon an equal footing with the other States; ana,
unless il be arrested BY public opinion, ii will be successful.
| desire TO meet il "n limine,' upon the trsi occasion whei
it is supported here from a Respectable quarter; anu l ven
lure 10 say. that if il shall be contaminated II will be one ot
the grossest outrages, and most ragrant violations oi the
Constitution, which has ever been perpetrated. But before
| proceed 10 establish this, l desire 10 say a woro or TWO IN
relation 70 The course which the party in power has pursued
with respect 10 orr Territories. shall say no more OF 1t IN
California than is necessary 10 illustrate my argument con-
corning New Mexico; for il has been so thoroughly discuss
ed already tina, am sure l should be listened TO with very
little patience if | were to attempt to 90 over the whole
ground again.
time, not one step has been taken by the Administration
with respect to California and New Mexico, in which
the Constitution and laws have not been tramped under
foot. Its course has greatly added 10 and complicated
the embarrassments and difficulties by which we are sur
rounded. II has been the prolific fountain which has SWELL
ed the bitter waters that are spreading through the land
But the party necessity for the course which has been pur-
sued, had its origin prior 10 the time 10 which refer. Ii
originated in the course which the Wing party saw I'll To
pursue in the Presidential canvass Of lSlS. In that can
! vass the subject of slavery in the Territories, and the course
which should be taken upon il, was the all absorbing issue
Yet the Wing party ran a candidate who refused TO make a
DECLARATION oil his opinions concerning il who was held up
n Tho North n q the friend of the hllnlyt pTOflSD, ana AT
the South as its most reliable opponent. He was voted Tor
in the two sections under the influence of these inconsistent
representations Of his opinions. He was elected, and went
into office under diverse expectations by his friends OF the
course he would pursue. Under these circumstances, II
was evident, If he was ever brought 10 act directly upon the
subject, that one section or the other would be gnevonsly
disappointed, and u fatal party rupture would ensne. To
avoid this, it was necessary that some plan should De hit up
on by which the issue could be evaded; and that plan was
found in the scheme 10 induce the inhabitants oil the terrific
ries TO form Constitutions containing u slavery prohibition,
and apply for admission into the Union as States.
1t is true that al the last session of Congress-. a gentle
man, now a member of the Cabinet. (Mr. PrestonO proposed
a bill providing for the admission OF our Territories acquired
from Mexico is Il State; til { The Wilmot Proviso was put
upon il; and il was thus made Identical in substance with
the present constitution Of CALIFORNIA;; and that in This
shape il did not receive a solitary vote in the House Of Re-
representatives.! II was unanimously condemned by Con-
gresa, 10 whom i. is conceded the power OF organizing go-
verninents for our Territories, in the first instance belongs.
But what did that weigh with men more intent upon extri-
eating themselves than their country from diflculties!-
They saw NJ other escape than the plan they proposed
They supposed by The exercises Of Executive patronage; by
the cutlery they could raise about the DEF ELECTION vi duty on
the part Of Congress, in not providing governments for the
Territories, and The necessity Tor them; and above all, by the
sympathy Of the North elected for the provision excluding
slavery, they could carry their scheme through, and thus
ev,de the issue vi the Wilmot Provisu. II was we'll under.
stood in California, and an effort was made 10 resist II, but
the Administration proved too strong"
As soon as the scheme Of the Administration vas deter
mined upon, the Sanclty Of this II III was invaded; The Con-
siituiion Of The United States and the laws of one oil the
States vi This Coniederlcv were violated, in selecting the
agent 10 carry il out. The Constitution of the United States
lnI.,aa thr. Ip, mara IAN plEip - nn. AE 20. "A. IN. Tpif,i
States shall be d member vi either House during his contin-
uance in office" Now, sir, the object Of this provision of
the Constitution is very evident. b. The Constitution the
appointment of all officers Of the United States, except
some inferior ones, is conferred on the Presidents; and il was
to exempt the Legislative department from the control Of the
Executive that the provision was designed. The penalty
for uniting On executive with the legislative office is the
forfeiture OF the latter. which the trainers of The Constitu-
tim, who 50 highly priced the honor Of being IA representa-.
tive Of the people. supposed was The sevcrest penalty which
the case admitted OF. The laws ot Georgia decllre, in the
most explicit terms, "Tihat no person shalt be electe q Rep
rcsentatise in Congress who has not been nm inhabiiant ..
this State three years next preceding his election, and paid
his tax regulaly during that time; nor sh,ll he hold any Of
flee of profit under tins State or The United States during
the time for which he may he elected Il Representatives.
And they require these members Of Congress, within TWEEN
y days from their election 10 accept or decline. the Office of
Representative, and provide for a new election in the event
OF their failing 10 do so. 4. Butler King had accepted the
office Of a Representative Of the State Of Georgia; had be-
come a member of the House of Representatives, and en-
Joyed all of lis priyileges-the ranking privilege, the ex-
empion from militia duty, and from arrest in coming 10 the
seat Of Government. Notwithstanding, he was despatched
by the Executive 10 California under the pay OF the Govern
meat.
Why was he selected for that mission in preference 10 tens
of thousands Of Others as well qualified, who could have been
sent upon i, without the violation Of the liw, 10 which !
have ref-rredl He was selected because he was II member vi
Congress. and especially because he was a member from u
Southern State. The transaction itself makes this perfect
ly evident. The object of the administration was 10 avoid
the issue Of the Wilmot proviso. The ready mode t. do this,
it was thought, was 10 induce the people OF California 10
adopt a State constitution, and apply for admission into the
Union. But il was not without lis difficulties. There was
no law 10 authorize ii; and 10 convene g convention under
military authority, by which the mode uf electing its members
and the qualification Of voters was prescribed, was extremely
irregular, and al war with the spirit of our free institutions;
AND, II was ~ have been anticipated, would be resisted by
Congress, by whom these prerogatiyes had heretofore been
exercised. And then, il they formed a constitution without a
clause prohibiting slavery, il was known that the North
would either resist her admission and insist upon n territori-
al government with the Wilmot prOviso, or do as they had
done in the case of Mr.. Preston's bill, ingraft il on the State
constitution, and thus compel the Executive, in either event,
TO meet the issue. And on the other hand, il was supposed
that il they excluded slavery thew would meet with difficult
ties at the South, who would thereby be as eff ctullly eX-
cluded from the Territories as by the Wilmot proviso.t
In this dilemma, a member OF Congress from n Southern
State, if he was willing 10 do 30, could cooperate most Ell
fec,ivey with the Executive. Asa member Of Congress of
long standing, and who could speak with some show of au-
thority, he could do much 10 remove apprehensions on the
first point, and as a Southern member also, he could do much
10 remove them on the last; and thus secure the adoption Of
a constitution acceptable 10 the Northern majority, by whom
California would al once be admitted us u State. BY this
scheme the issue Of the Winot proviso would be evaded, and
although the South would be rs ettectualy excluded from the
territory as if the proviso had been applied, il was hoped her
people could be quoted By being told that what had been
done was the result OF her own doctrine of non intervention,
and the right of the people upon whom they were to operate,
to frame for themselves their own institutions. But that doc
trine p~recludes the Intervention vi any authority Of the
Executive, even more ernohaticaliy than of Congress; aud
that right is a mockery ii i'll be exercised under constraint Of
any kind.
But other causes, besides the anxiety Of The people of
California for u government. which had been refused them by
those now protesting TO be their especial friends because it
was not coupled with the unconstitutional proviso, powerful
ly contributed 10 the result which We now have in her con-
stitution The most prominent of which is, the state of soci-
ETY. there. The Shareholder being kept OUT Of California by
the threat of the Wilmost proviso. which has been constant
" held over him, most Of her population are men without
capital, who have been enticed there by the prospect of sud-
den gain. Few have gone there with the view of permanent
residence. On the contrary, most OF them with the hope of
speedily getting riches and returning 10 the Atlantic shore TO
enjoy them. Blu, little land is appropriated in the gold re-
cion, and the business of mining has not assumed the chur-
."Mr. SEMpLE, president Of tho Convention | feel under some
obligation 10 repeat u conversation which has d dnect bearing upon
this matter There Is d distinguished member vi Congress, who
holds his seat from one oil the States OF the Union, now IN Calitor-
MIA. With u desire to obtain all the information possible in relation TO
the state OF things on the other side OF the mountains, asked him
what was he desire Of The people IN Congressl lobserved 10 him
thar il was not the desire OF the people OF California TO take a larger
boundary than the Sierra Nevada, and that We would prefer not EN-.
was For Gods sake leave us no terrtT y 10 legislate upon in Con.
lion OF a State Government was 10 avoid further legislation; there
,lI Ia, No nu...inn ,s In nur adulssio M aiming ils ruufse. anil