Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-03-30


10 ,aks the erplans of the Senator Alabama for be
was here the time and bad the means OF knowing and
besides he bears testimony TO the fact ih tne SCUM did
oppose the admission of Florida during he period alluded TO-
and places the opposion upon principle which Is fair and
legitimate would readily give him the benefit OF this pnn
cipe applicable CALIFORNIA; not Tor the fact that
the whole South voted r the admission OF Florida IN
without the previous of Congress- and without showing
actual that she possessed the requisite population
IT. therefore, there any force in the precedent as establish
ed in the Florida case the South is estopped from ogectpg
10 the admission OF California in the mode in which she new
presents herself voted with them for the admission OF
Florida, and think that have right to claim ihesr votes Tor
California now upon the principle But, sr the two
Senators from South Carons and indeed several others
have objected to the admission of California upon the gronnd
that she has been guilty of usurpaon, usuIpaton
Mr. BurLER. withdraw the word !" gross.
Mr.. Dou6lAs Usurpatim Wherein does consist !
Whose rights have the people of California usuPea Ger
tany not the rights of the Uated States for they expressly
acknowledge sovereignty they claim to belong to MS aud
only ask that they may be peed to enjoy Inc same rights
and privileges with What rights then, have
they usuped Not the rights property for they expressly
recognise the right and title Of the United States TO the public
domain ard all other public property within the limits OF
their State. What laws have they violated Not the laws
Of the United States for their complaint that have
extended laws them Not the laws In FORCE ID the
county the me for CT their objects In seeking 70
establish government was to De able TO execute NOSE Jaws
far they might be found applicable to their present con-
dition. What provision of the constitution OF the United
States have they innged They recognise to the fullest
extent that constitution the paramount law and have form
No Senator petends that any provision OF the constitution Of
California epugnant the constitution of the United States
What have they done in violation of the principles OF
uce or law, public private local national None has
been specified and apprehend ~i be. How whole
community be guilty of usurpaon without violation OF
law or an invasion Of rights leave to others to explain
hold that the people Of California had right to do what they
have done yea that they had moral POLITICAL and legal
night to do all they have done.
When we come to the discussion Of questions of this kind
it necessary to look into the rights of and communities
theya uIedV IN eyISt
world Have the people of the Territories the United
States rights had supposed that the principle was
universally conceded in this country that all men have GER
tain inherent and nalenab!e rights and have yet to learn
upon what grounds The people of the Territories to be
cuded from the benefit Of this principle hold also, as
political axiom, that all masknd have inherent and in
aenabe right to This principle universal
in its application and is recognised and acknowledged wber
civilization prevails and civil governments exist do
not now speak of particular form of
il be free, absolute republic, monarchy or comol
nation Of the two systems But assert an incono
verbe axiom political science that all men are entitled 10
of some kind If any OF the crowned heads
OF Europe chooses to withdraw for time his authority and
protection from Of his provinces dependencies the
Of such withdrawal authorizes his subjects thus de-
pved Of government to institute for themselves to con-
tnue in operation until he shall his authority and
again extend his protection TO them. If this principle ac
knowedged in all arbitrary and despoc Governments who
is prepared to resist its application country whose instltu
tons all preda,ed the maxim that the people are
legitimate Of all political power We ind iiustra
ton oft The of the provisional government OF Oregon
There several thousand citizens Of the United States found
themselves nhabiGng portion of their country without
Government Of any description to afford them protection
They established Government for themselves, not IN denial
of but with their citizens Of the United
States and maintained it for the period Of twelve until
superseded by regular Territorial Government
tasshed by authority Of Congress Under that provisional
government all the various relations of society
ated and respeced-Ma-riages took place, children
born, estates accumulated and distributed When
question involving the rights of property in those
arjse
States, what law of descent will determine the Will
not be the law Of the Provisional Government of Oregon
There is other law-here be that could reach
the Were not the acts Of that Provisional Government
valid then And, not the Government itself legal
Government unit, superseded BY competent authority So
with the constitution and State Government of California
The treaty Of cesson dissolved the relations of that people with
Mexico and transferred their ale glance the United States
They thus deprived the Government under which they
had formerly lived, while failed to furnish them 10
place of it. They had alternative left but establish
for themselves the people Oregon had done
before them They proceeded in regular quiet and order
y manner adopt admirable constitutional constitution
which would lose nothing in comparison with the best model
in the oldest States OF the Union Under this constitution
they have elected their officers and in successful operation
weorganzd State Government, and have sent their Sc
majors and Representatives here, with their constitution in
their hands, Michigan did before them to ask admission
into the Union agreeaby the Constitution of the United
States and in accordance with the precedsnts in like
All this has been done subject TO the approval Of Congress-
and without the violation of law usage Now submit
the inquiry, whether that is legal Government until
superseded by competent authority do not deny your
power TO reject her appcaon to keep her out of the Union,
and remand her back territorial condition but,
until you take step by which you supesede this Gov
ernnent by substituting another must it not remain valid
and binding upon the inhabitants Of California Will not
the performed under and in pursuance of its authority
belega Will not the enactments Of It's Legislature have the
force of law These questions worthy Of serious
SHERATON for they will speedily find their way into
Of adjudication.
hold that this is legal Government, and that its
be held to be valid until you supesede by giving the
people another in its stead Shall they be remanded back
What do you propose gain by that Is it that the people
shall be subjected to the inconvenience, trouble, and
of doing their work again have heard say
that il is not well done already. have heard no objection
pointed out to the constitution they have sent except that
the boundaries of the State extensive. Well think
they large would have preferred 10 have had them
smaller Had been Californian with voice in the Con-
venon should have advocaed the creation Of three States
instead Of one within the limits they have prescribed.
think would have made the summit of the Sierra Nevada
the boundary instead of crossing that almost mpassa
BILE range Of mountains the valley this side. But
while this my present IMPRESSION prepared to say
that this of poses formidable bar
rier the union of the people both sides Of into
State than does the chain of the Aleghsnies through V
GINA and North Carolina thisk also that would have
divided the into three States, with the of in
creasng the political Of the great Pacific slope in the
Senate Of the United States. / would have drawn
OF the lines Of division from the through the
centre Of the bay of San Frsnsisco head and thence
10 the eastern boundary Of the State, to have
thrown the whole valley Of the Sacramento into one
State, and tina. Of the San Joaquin into another Each Of
these States would have had seapor upon the bay,