The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-04

oSih5 h"'She', ah 20 10 sustain THIS line Oh
80 deg, 80 min, as the natural line of divi-
sion, ask whether in adopting it we should
not be consulting higher consid erations than
any of mere temporary political expediency.
. ask whether reasons of pre-eminent and
general Importance do not demand that we
should sustain the amendment of the sena-
tor from, louisiana But, Mr.. President,
there is still another claim for this amend
.ment. Anterior to the formation of this
State constitution by California, Desc
ret, formed State or territorial constltu-
ton, and established her boundary. Desc
ret, which lies east of California, has no out,
let to the sea except through the southern
partof California. They find their outlet to
the ports that have mentioned They
have no practicable commercial connexion
whatever with San Francisco. This was
most forcibly shown while Colonel Mason,
the military governor of that territory,
wished to obtain troops from the settlement
at the Salt Lake, An officer was detached
for the purpose; but, instead of being able
to 60 direct, he had to keep down on the
west side of the Sierra Nevada, which stood
a snow-covered wall for distance of more
than three hundred miles before he found any
opening through which he could pass; after
which he had to travel north of the parallel
from which he started. 1t is lest, think,
therefore, that this country of South Cal
ifornia should stand alone-that it have
district organization but if that is not done,
then the most proper and natural thing re-
naming to be done, is to attach it to Desc
a. oh >lo,, Of, n nd 70
which it belongs by nature more properly
than to North California.
But the distinguished senator from Mas
sachusetts Mr.. WEBSTER remarked yes
terday that we are reduced to an alternative
that we have to admit California as u
State or that she will be separated from the
Union. Mr.. President, these words come
also from the shores of the Pacific !; and
what foundation is there, can there be, for
them. The people Of California knock at
your doors for admission into the Union at
the same time we are told that they are suf-
fering for pr lection and assistance. They
have now State government, and there is
no interference to prevent the exercise of
all its functions. Indeed, some portions Of
the army and navy of the United States are
kept there for their benefit. They claim,
then, in order to enable them to carry on
their State government, the aid of the Fed
era government. With what force, then
do they talk, or others for them, OF their Sc
ceding from the United States, and setting
up government of their own? Why,
sir, it is idle. They need the protection Of
this government, and | wish them to have it,
not the less because they have attempted
self-government before they were competent
to sustain themselves. With this is con-
nected another inquiry. Were they prompted
to form State government, or was it by
their own opinion 1t appears to have
been because they were invited to it by one
who had no right to the exercise of the civil
functions which he assumed, or with which
he was improperly invested. They were
urged to it by the officers Of the army in
California. The proclamation under which
the convention was convened, makes
strange declaration. 1t asserts that the
laws of Mexico made the military comman-
dant ex-officio civil governor
"The undersigned, in accordance with in
structions from the Secretary of War, has
assumed the administration of civil affairs in
California, not as military governor, but as
the Executive of the existing civil govern
ment. In the absence Of properly APP
pointed civil governor, the commanding
officer of the department is, by the laws of
California er o6icio civil governor of the
country; and the instructions from Washing
ton were based on the provisions OF these
laws. This subject has been misrepresented,
or at least msconceived, and currency given
to the impression that the government of
the country is still military. Such is not
the fact. The military government ended
with the war and what remains is the civiL
government recognised in the existing laws
of California" "a
Now, that rests on the doctrine which
has been put forward here, that the Next
can laws are in force in the territories. But,
so far as | can learn, there was no such law as
that proclamation appeals to- In this same
volume is contained digest Of these laws;
and / will read one section which belongs to
this case, and believe decides it:
In temporary default of the governor,
another shall be named dd interim, in
the same manner as the proper one. If
the default should be of short duration, the
senior (massntiguo) lay member of the de-
partmenta Legislature shall ia Ike charge ofthe
government, as he shall in like manner do
during the interval which may take place
between the default of the government pro-
per, and the appointment Of his successor ad
interim.
Then, sir, it was the oldest member of
their legislature who became Governor er
oEcio, when the Office was vacant 1t was
the oldest member of the departmental legs-
lature who should have succeeded. If, in
deed, the civil government which pre-existed
the acquisition Of that territory by the Unit
ed States continued, why should not the
Mexican governor have resumed his duties
with the restoration of peace With their
laws in force, and their officers restored to
their functions, American emigrants would
have realized the full force OF this doctrine.
r ell e