Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-01-19
Saturday Morning, Jan'y 10Th, 1850,
THE CALIFORNIA CONSTITUTION.

to make the establishment of civil government in
California, by the act of its people, political, and
if possible a Southern issue. They assert that
the Wilmot Proviso has been incorporated in the
State Constitution, through the influence of the
agents of the administration, and therefore, they
invoke the condemnation of the Southern people
upon its course. We are glad that the two Houses
of Congress have made inquiries of the President
which must, in few days. induce full develop
ment of all that has been done in California under
his authority; though, in truth, enough has already
been authoritatvely published to explain satsfac
torily his whole policy in this matter. Our read
ers cannot fail to remember, that the Instructions.
under which Gen. Riley called upon the people Of
California to establish some form of government
for themselves, were substantially incorporated in
the proclamation which he addressed to them. 1t
was thus made known that the President, in view
of the failure of Congress to pass any law for the
government of the newly acquired Territories,
deemed it his duty, as the Executive head of the
United States, to enforce, in those Territories,
such of the original Mexican laws as were not in
conflict with the federal constitution; for these
laws, with this limitation, were admitted, by all
jurisconsults to prevail in Territories acquired by
conquest treaty, like California and New
Mexico. One of the laws in question pre-
scrbed that the military officer, command
ing in the Territory, should exercise the
functions of Governor. The President, accord
ingly, deputed General Riley to take command of
the United States forces in California, and, ipso
facto under the unrepealed Mexican law, which it
was the Presidents duty to acknowledge, Gen.
Riley became temporary Governor of California.
But it was, by no means, as Mr.. Wise alleged in
his speech at the Capitol, to create sort of Ro-
man Pro-Consul, that the President appointed
Gen. Riley to this service He instructed that
officer Immediately to invite the people of the
Territory to appoint delegates to a convention, for
the purpose of devising form of government,
whether State or Territorial, according to their
pleasure. The invitation was given accordingly,
by public proclamation, directly after Gen. Riley S
arrival, and the delegates were elected by free
popular vote The Convention thus emanating
from the people, and without Executive bases of
any kind, for its members were almost all Demo-
Gratis, determined in favor of a State government,
and incorporated in the Constitution, by unani-
nous vote, provision against the introduction of
slavery The Constitution has since been &C.
cepted by the people with scarcely any dissentien
votes.
These facts we repeat, do not require to be dis
closed by any new revelation from the President
to Congress. We are perfectly confident that
,,for oodo
munieaiion may divulge, will only serve to sus-
tain his conduct still more decisively before the
tribunal of the public The we'll informed cor
respondent of the Philadelphia North American
says
THE papers are exceedingly volumnous, and cover
deal OF valuable matter The instructions 10 the
Hon. r. Butler King will be communicated. He was
employed as bearer OF dispatches to the naval and
military forces in the Pacific and directed collect nfor
nation respecting the population, productions soil and
mineral character of California. lie and all other pub
lie agents distinctly instructed against any i'm
proper interference NTH the internal concerns Of the
territory, and especially enoned against interference
aoih any question nrotring domestic institutions
The Presidents ansDer ocU be full and anreserped!'
We have no doubt of the correctness of these
statements Upon what foundation, then, will rest
Mr.. Wise's extravagant allegation, that by means
of President Taylor's unwarrantable interference
in California, greater degradation than the Will
mot Proyiso has been visited upon the South? If
it be Democratic doctrine, that the people of q
Territory, in the act of forming a Slate Constitu-
tio have not the right to establish or prohibit sla-
yery, we should like to see it authoritatiyey pro-
claimed We take it that Mr.. Ferguson showed
no li,tlo sagacIy, in the House of Delegates, the
other day, when he entered his caveat against the
idea that the antislavery provision of the Califor-
mia constitution could be demurred to by the
Southern States. He we'll knew, as he said that
all Southern Democratic statesmen had PROFOUND
ed the contrary doctrine, and, if the discussion is
pressed, we can establish that they propounded it
with direct reference to California with its boun-
res including all the vast region we acquired
from Mexico, save the narrow province of New
Mexico.
As pertinent conclusion to these remarks, we
subjon the following pithy reply of the Augusta
(Ga.) Chronicle, to the question, ''who did it?"-
that is, who is responsible for the anti-slavery
clause in the California constitution?
Ihe Richmond Enquirer publishes an extract from
setter from Son OF Ex-Governor Smith, of Virginia
who is now in California, which says
They 1.-THE Whigsl are wotuly in the minority and
they know it.. But sorry, very sorry to say, the
Wilmot Proviso party here is overwhelming
Here we have another evidence of the devoon of the
''natural allies to the interests Of the South The
Wings are "wotuly in the minority but, 'the WiImo
Proviso party is overwhelming says this good Virginia
Democrat. Who, then, is responsible Tor excluding
slavery from California in the organization OF the State
government. The Wings could not have accomplished
the work, as they in minority. The Democracy,
therefore, the natural allies" responsible for the
deed
We hope some ofthe organs at the South who are al
ways prang about the soundness OF the Northern De-
mocracy. will put this in their pipes and smoke it.
We may add, that the Democrats were not all
natural allies" Chat is of the Northern amily,)
who framed the California constitution. Some oil
them, as DR.. Semple, the President, Dr. Gwin and