Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-02-14
BURLINGTON HAWK-EYE e.
PRESIDEN ESSAGE
Upon the Territorial Que stion.
WASHINGTON, Jan. 81, 1850.

/ WAsBISGToN, Jan. 81, 1850.
To the House Of Representatives.
| Of the United States:
Transmit to the House Of Repre- in an
swer to solution of that body, passed the 81 st
Of December last the accompanying reports of heads
Of Departments, which contain all the official infor-
nation in the OF the Executive asked Tor
| by the resolution.
| On coming into office found the military COM
mandant of the department of California exercising
the functions ofcivil in that Territory; and
left as was to act under the treaty Of Guadalupe
| Hdalgo without the aid of dng Legislative provision
! in establishing a government in that Territory,
thought it not disturb that arrangement made
! under my predecessor, unit! Congress should take
some action on that subject. therefore dld not
interfere with the powers of the military comman-
| dant, who continued to exercise the functions of
| civil Governor as before, but made no such APP
| pontment, conferred no such authority, and have
| allowed no increased compensation to the ccmman-
! dant for his services.
With view to the faithful execution Of the trea-
ty, far lay in the power Of the Executive and
to enable Congress TO act at the present session with
full knowledge and as little difficulty possible
on all matters of interest in these territories sent
the Hon. Thomas Butler King as bearer Of despatch
es to California; and certain officers to California
| and New Mexico, whose duties are particularly
defined in the accompanying letters of instruction
addressed to them severally By the proper depart
ment.
Ibid not hesitate to express to the people ofthose
Territories my desire that each Territory should,
if prepared to comply with the acquisitions of the
Constitution of the United States, form plan of a
State constitution, and submit the same to Congress,
| with prayer for admission into the Union as a
State, but did not anticipate, suggest, author
| ize the establishment Of any such government,
without the assent Of Congress, did authorize
any government agent officer Ia interfere with or
exercise any influence or control over the election
Of delegates, over any convention, in making or
modifying their domestic Institutions, any of the
provisions of their proposed constitution. On the
contrary, the instructions given by my orders were
that all measures Of domestic policy adopted by the
people of California must originate solely with them
Selves, while the Executive Of the United States
was DESTROYS to protect them in the formation of
any government republican in its character, to be
at the proper time submitted to Congress, yet ii was
| TO be distinctly understood that the plan of such
| government must at the same time be the result of
their own deliberate choice, and originate with
themselves, without the interference of the Execu
| tive.
| am unable to give any information as to laws
passed by any supposed government in California,
or Of any census taken in either of the Territories
mentioned in the resolutions, as have no iDforma
ton on those suhje
AS already stated, have not disturbed the ar
rangements which found had existed under my
predecessor.
In advising early application by tho people Of
| these Territories for admission as States, was
actuaed principally by an earnest desire to afford
/ TO the wisdom and patriotism Of Congress the op-
portunity Of avoiding occasions of bitter and angry
discuss ons among the people Of the United States.
Under the Constitution every State has the right
OF establishing and from time to time altering. its
municipal laws and domest institutions, indepcn-
dent of every other State and of the General Gov
eminent, subject only to the prohibition and guar
antees expressly set forth in the Constitution of the
United States. The subjects thus left exclusively
| to the respective States were not designed
pected 10 become topics Of national agitation. Still,
| as under the Constitution, Congress has power TO
! make all needful rules and regulations respecting
| he q he OF tafe
QUESTION ofterrtory has led to discussions the
question whether the system of involuntary servi-
tude which prevails in many Of the States should
| should not be prohibited in that Territory. The
periods Of excitement from this cause which have
heretofore occurred have been safely passed, but
during the interval of whatever length which may
elapse before the admission of the Territories
ded by Mexico as states, ii appears probable that
similar excitement will prevail to undue extent.
| Under these circumstances thought, and still
think, that it was my duty 10 endeavor to put it in
the power Of Congress, by the admis sion Of Cali
| fornia and New Mexico as States, to remove all
occasion for the unnecessary agitation of the public
mind.
1t is understood that the people of the western
part of California have formed plan OF State con-
situ,ion, and will submit the same to the uGg-
ment Of Congress, and apply for admis sion State.
| This course on their part, though in accordance
| with, not adopted il consequence of any ex-
preston of my wishes, inasmuch asIneasuIes tend
ing to this end had been promoted by the officers
sent there by Try predecessors and were already in
| active progress Of execution before any commune
cation from me reached California. II the proposed
constitution shall. when submitted to Congress, be
| in compliance with The acquisitions of the Consti-
tuition of the United States earnestly recommend
| that 1t may receive the sanction Of Congress.
! The part of California not included in the propo-
sed State of that name is believed to be uninhabited,
except In settlement of our country in the vi
! cinity of the Salt lake.
A claim has been advanced by the State Of Texas
to very large portion of the most populous district
I OF the Territory commonly designated by the name
of New Mexico. Tthe people of New Mexico had
formed plan of State Government for that Terri
tory as coded by the treaty Of Guadalupe Hidalgo,
and had been admitted by Congress as State, our
Constitution would have afforded the means of OBJ
tanning an adjustment Of the question of boundary
with Texas By judicial decision. At present, how
ever, no Judicial tribunal has the power of deciding
that question, and il remains for Congress to devise
some mode for its adjustment. Meanwhile, sub
mt to Congress the question, whether it would be
exredient before such adjustment to establish
ritoIial government, which, by including the dis
tfict SO claimed, would practically decide the ques
ton adversely to the State of Texas, Or, by excud
! ing it, would decide it IN her favor. In my opn-
ion such course would not be expedient, especial
ly the people of this Territory still enjoy the ben
ett and protection Of their municipal laws, origin
ally derived from Mexico, and have military force
stationed there to protect them against the Indians
1t is undoubtedly true that the property, lives lib
critics, and religion Of the people Of New Mexico,
are better protected than they ever before the
Should Congress, when California shall present
herself for incorporation into the Union, annex
condition to her admission State affecting her
domestic institutions contrary to the wishes Of her
people, and even compel her temporarily to comply
with 1t, yet the State could change her constitution
at aay time after her admission, when to her it
should seem eXpedient. Any attempt TO deny to
the people OF the State the right of selfsovernment
in matter which peculiarly affects themselves will
infaiby be regarded by them invasion of their
rights; and, upon the principles laid down in
own Declaration Of Independence they will Certain
ly be sustained by the great mass OF the American
people. To assert that they are conquered peo-
ple and must State, submit to the will OF their
cnnquerors, in this regard, will meet with cor
dial response among American freemen. Great
numbers Of them are native citizens of the United
States, not inferior to the rest of countrymen in
intelligence and patriotism; and no language Of
menace to restrain them in the exercise of an un
doubted right, substantially guaranteed to them by
the treaty Of cession ITSELF shall be uttered
by me, or encouraged and sustained by persons
acting under my authority. 1t is to be expected
that in the residue of the territory coded TO by
Mexico, the people residing there will, at the time
OF their incorporation into the Union, State,
settle all questions Of domestic policy 10 suit them
selves.
No material Inconvenience will result from the
want, for short period of government establish
ed by Congress that part of the territory which
lies eastward Of the State of California and the
reasons for my opinion that New Mexico will al no
ion, are founded on unofficial information, which
| all, 1ax-1