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

of Unconstitutional usurpation in the action of
the Executive IL is clear that the ADMINISTERS
ton desired, and expressed TO the people Of
California the desire, that they should proceed to
form State constitution, and establish State
government preparatory to asking admission
into the Union. 1t authorized its agent, fully
informed Of its views, "to suggest The adoption Of
measures best calculated TO gipe them effect"
The Executive did not merely tolerate or
connive at the action of the people. II invited
and recommended it. Through its subordinate,
the Governor, it determined the time OF acting
--of election in effect-the qualifications of
electors and all the necessary details for the as
sembling of the convention. 1t is true, the Pre-
sident manifests solicitude that the people, when
thus assembled in convention, should be entirely
free in the formation of the plan Of their new
government, in the adoption Of their constitu-
ton, and the establishment of their domestic In
situations. He likewise has all the time refer
ence to their intended prayer for admission into
the Union, and to the necessity Of the supposed
assent of Congress thereto With strange in
consistency and confusion Of ideas, the Admin
istration seems to think itself entirely innocent
and exempt from all charge of Executive inter-
ference, provided only it left the convention free
in action, notwithstanding it directly melted and
recommended all the preliminary movements,
determined upon qualifications, and all other the
most important details It did not interfere
when it directly invited subversion of the exist
ing de tdcto government the formation of a
wholly new and different government, and the
adoption OF constitution, a permanent organic
law! 1t seems to consider, too, that, as the as
sent Of Congress is necessary, and to be applied
for previous to admission, its knowledge, as
sent, or approval, may be dispensed with as to
all preliminary proceedings OF whatever charac-
ter, and however vital. There are a strange
perversity and unsoundness of view in all this.
The mere invitation or recommendation OF
action to the people, and his subsequent conniv-
ancc at all the Interior movements, may seem
to the superficial observer a very small matter.
The first false step here, as in morals, entails n
succession--evils perhaps not dreamt of Avery
small seed apparently, it has been prolific. 1t
has grown, and branched, and ripened, until num-
berless mischefs are its fruits The Administers
ton has wholly transcribed its simple executive
functions. Ii has melted and aided toaoverthrow
the de facto government, it was bound to main
tain, and to supersede all laws it was bound to
enforce. 1t has trenched upon and assumed high
Legislative powers, the exclusive functions OF
Congress- its coordinate department under the
Constitution. What more clearly matter of
delicate Legislative discretion than to determine
the proper time and mode of establishing first a
Territorial Government, and subsequently the
more advanced state Of development and maturi-
ty which would justify the erection of a territory
into a State! What graver function Of legis-
lative power than to determine the people who
shall form separate political community, the
portion OF that people who shall enjoy the rights
of citizenship, the qualifications OF the elective
franchise, and the circumstances under which it
shall be exercised What more solemn occa-
sion for the exercise Of Legislative elaboration
than to determine on the proprety of calling a
heterogeneous people to assemble i'll convention
for radical change Of government, and the cs-
Enlistment of organic law that may be perpetu-
al! Even the details for the assembling of such
a body--are they not all clearly for legislative
regulation? Yet the determination of all these
grave matters, the assumption of all these high
powers have been taken on itself by the present
Administration, and are directly involved in its
action 't.#
Even more, sir If this action of the Execu-
tive be tolerated or sustained, it involves the
devesting and stripping the States of this Con-
federacy without their concurrence, it may be
against their WILL of their entire sovereignty and
rights of eminent domain over this whole Terri
tory of California They are all transferred and
vested in this new State Of California, which
with enormous proportions, has sprung into
vigorous existence under the dexterous accouche-
ment Of Executive slill-and this, too, while
vet those very States are saddled with the neces-
sity of paying many millions for the rights thus
summarily devested.
This action Of the Executive, unless annulled,
not only has involved the exercise OF the high
Legislative powers | have referred to, but like
wise the abrogation Of them in Congress, and
its utter inability rightfully to exercise them in
respect to California It's action has been en-
tirely anticipated and frustrated Congress can
not exercise such powers as, in subordnaton to
the Constitution, the principles of our institu-
tons, and the rights of the States it unquestion-
ably had. 1t cannot propose n territorial gov
eminent it cannot prescribe boundaries carve
out new territorial communities it cannot watch
over-rear, under its supervision, infant com
munities into maturity--prescribe the character
Of their citizens, determine the period of their
adequate development and preparation for the
high privilege Of sovereign States-nay, cannot
even Except with the consent of the State OF
California; assert the rights of these United
States to the proprietorship of the public lands
therein, and make needful rules and regulations
for their disposition, as directly prescribed on
Congress by the Constitution.
Sir, the entire relation of California to the Uni
ted States has been changed 1t is no longer a
Territory of the United States, but State clothed
with all sovereign attributes, and demanding adj
mission, as an equal, into this noble confederacy
of sovereigntes. Under the sole tutelage of the
Executive, upon his mere invitation, and by his
connivance, the sovereignty Of the United States
has been abrogated, territorial dependence re-
nounced, and the attitude Of independence and
sovereignty assumed Is not this SO : Has not
California at this time a constitution and laws, an
Executive, Legislature, Judciary-all the ma
chinery, the powers, and the attributes of a
&To illustrate the tendencies OF this message,
and the manner in which they are viewed by the
Free Soil supporters of the Administration, sub
Join two extracts from the N. Y. Tribune, one OF
the ablest as well as the most extensively circula-
ted journals of the North In reference to the re-
commentators of the message, it says:
"We are resigned to see the Wilmot Proviso
again and again rejected by Congress, provided
the territories nevertheless preserved from the
pollution of slavery. 1t is the substance zoe care
for, and not the shadow. If Gen. Taylor throws
the influence of his name and station in favor OF
the admission of the State of California Nth he,