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

proper to determine the matter against them by
usurping the judicial function, and announcing
positively that the Mexican laws regulating the
relations of persons in force and must be ex-
ecuted. This must have operated continued and
effectua exclusion. Then at a time, when both
| from previous causes and the avowed interpreta-
ton Of the Executive as to the operation of the
Mexican laws--from the character of the existing
population and the excusionof Southern men with
their property--it was certain the decision of the
people would be against the recognition of the do
| nestle institutions of the South, the Executive,
without constitutional authority, in the face of the
direct refusal Of Congress to do the same thing,
invited the heterogeneous population to assemble
| in convention to establish its organic law At this
very time, too, the Administration or it's agents
knew--for it was openly urged In the California
papers--that in forming their constitution, the peo-
pie would be under the strongest moral suason to
exclude slavery, from the consideration that other
wise, in their intended application for admission,
they would encounter the resoute hostility OF the
whole North. The result was of course as anti
cpated, and in the constitution was incorporated
a clause prohibiting slavery, Surely no proper
time had been allowed for the immigration of citi-
zens from the slaveholding States--no opportu-
nifty had been afforded by legislation, for the appeal
which the Constitution of the United States gives
| in certain cases to the Supreme Court, by which
the operation and effect Of the Mexican laws
might have been judicially determined, Such
4
favorable to the South, be Of no possible avail,
no,c, that the constitution Of the State prohibits
| slavery. 43 B tHa 91e gBH4g yiab blbas Il
All this wrought gross wrong and injustice to
the Southern States--the joint soyereigns of the
whole territory. Nor was it confined to narrow
space, to the country actually settled or even
roamed over; but the strange medley of all kin
dreds and tongues and people, constituting the
limited and motley population, were allowed TO
stamp hundreds Of miles never trodden by the
| foot Of the white man with organic law which
forever excluded the citizens Of the Southern
States with their slave property. All this was
done at the Invitation and with the encourage
ment Of the Executive. How idle for him now
to soothe us by the assurance, that ater Cali
forna shall have been admitted, her people cannot
be prevented from changing their constitution at
any time and establishing our domestic institu-
tons! What chance, when the property Of the
South is not admitted, and our citizens without
it are practically, we know, excluded from set
Ting, to establish interest or a feeling which
alone could induce such change. II would be be-
sotted folly to expect such result. a iealBsj ca
| Another result Of injustice and wrong to the
South from this action of the Executive, was IN
precluding us from our legitimate influence in
Congress in determining the time when the people
of that territory should be free to elect III regard
to our institutions, and from the great power we
welded, by resisting all legislation for this terri
tory, to compel fair participation on our part, or
i a righteous adjustment of the whole question: In
the Senate, the South is still potent, and even in
this body we are not yet poweress. BY delaying
the period for the formation of State government
in California all the chances Of time secured,
and at least probability afforded that citizens
might go in with their property in such num-
| bers as to make our interest paramount. AT so
early date after the acquisition, when the original
Mexican and foreign population constituted the
majority of the population, this could not reason
ably be expected. But the discovery of the Won
derful mines and the consequent amazing enhance
ment of the value of labor in California, increased
daily the likelihood that slaves would be needed
and introduced in numbers sufficient to determine
the choice of the people as to their institutions
etectu,lly precluded by the State constitution Of
/ California. rtt ~
4 Our power Of coercing settlement, by resisting
the establishment Of civil government in Califor-
mia, is effecually cut off. That has been done in
despite of us through the action Of the Executive.
A great means of.compelling the attention of the
Union to our claims is thus lost to us. "A most po-
tent ieper for satisfactory adjustment, which at
| the past session of Congress moved SO many to
the support of Walkers amendment, has been
snatched from our hands. It may be asked, have
we not similar one in the ability to refuse adj
mission? BY no means SO satisfactory or effective
one, because they enjoy civil government, and
by their constitution we are Just as efectualy ex-
cluded previous to as after admission. a#
| In consequence of the action of the Executive,
the aheged cholce OF the people Oh CaiHornia ~
invoked against us--a snap judgment has been
taken, and now it is pleaded in bar. Our preten-
sions even to the whole Of the vast territory of
California are alleged to be debarred. In weigh
/ ing considerations for equitable adjustment or
division between the North and the South, it may
be insisted that the vast expanse of California is
lost ground, and no longer even make-weight in
the scale. Such has been the wrong and custer OF
the South under this Executive usurpatiop,
/ In full view and with fresh experience of these
disastrous results to the cause Of the South, we
are seriously urged, Mr.. Speaker, in the message
on your table, to endure unnumbered repetitions
Of them, The same action and course of policy
are recommended TO be acquiesced in, with regard
TO all the other immense acquisitions from Mex
leo. What could be more insidious and fatal TO
the just claims Of the SOUTH The same subtle
process that against the will of every State in the
South, has practically precuded us from all parti-
cipation in California, would inevitably work
our perpetual exclusion from all the other Terri
tories. The Mexican laws are equally applicable
to all the country, unsettled as well settled,
regulating the relations Of PERSONS There is to
be no Federal legislation, and no provision, CON
sequently, even for appeals, to test before the Su
preme Court the effect Of those laws for the aboli-
lion Of slavery. " t5a i5Ef4ailFfan .saJ
Shareholders and slaves are thus efectually to
be kept out. BY population thus naturally hos
tile to our institutions, as fast as petty nucleus
of emigrants or adventures can be obtained, con-
situations to be formed, stamping on vast cir
cults around the perpetual exclusion of organic
law Thus are the rights Of the slaveholding
States to fair participation in the vast acquisitions
so largely nby their valor, and paid for by their
treasure to be by stealth and indirection forever
flched away. Sir, we should be as inevitably
excluded, as If under the prohibition of the most
express law, or fenced off by "a Gordon of brstling
bayonets. sta5H 1888 ~ DOB
TO contentment under such wrongs, we of the
South are to be soothed by the evasion, forsooth!
OF the Wmot Provso. Why, that is but exclu-
sion by iatc; and how differs it that we should be
as inevitably excluded ,cthoat isio. This scheme
of policy is worse than the Wilmot Proviso. That
Isl indeed, sheer robbery but il is at least open
and eagalized with the forms Of law. This effects
the same foul wrong by indrection and cheatery,
adding insult to our understandings, and mockery
of our hopes. We of the South, Mr.. Speaker,
are not struggling against a name, nor are we to
be deluded by shadows. Weare claiming sub
stance and reality. We demand fair participa-
ton in our common acquisitions, or at least equal
opportunity Of enjoying them. / know some think
-