The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-30
sion What then was our stipulation in regard to them
By the ninth article OF the treaty with Mexico, pro-


q Sy As sae he 1s
according to the principles Of the constitution and in the
mean ime shall be maintained and projected in the free
Tree Of their religion without restriction"
Their liberty and their property, in the time, until
in the Judgment OF Congress the proper period should
were stipulated and guaranteed TO them by the treaty
What the liberty thus in the mean time to
the Mexican inhabitants Of California Not their po
cal liberty, OF course, because they not in cond
ton at that time to be admitted into this Union, but their
civil liberya right to be protected by just and exped
Their property that which they held under those
laws Here, then, was solemn duty assumed by the
people Of the United States by this treaty binding them
until the people OF California should be in condition to
be incorporated into the Unon give them full protection
by law for their liberty their property and their civil rights
That treaty. OF couse became the supreme law of me
land and il became obligatory upon the President OF the
United Saes the Executive OF this nation, TO that
its requirements duly execued as IT is our duty now
to see that the other spnatons Of that treaty are faith
fully fulfilled What those laws that were thus TO
be administered for their projections They were OF ne
cessy either the laws which, at the time OF the treaty,
and the property and the h social %
them by the government to which dominion was trans
ferred. They could emanate from no other authority
IT. then, the then existing Mexican and departmental laws
were not abogated BY new enacments the treaty con-
tinued them in force Just much they had been
enacted. The stpulaons for the protection OF liberty
and property could otherwise be fulfilled There was no
necessity for any act Of Congress- such as was passed
upon the tanser OF Florida to continue in force the ex
listing laws The treaty necessarily, in the fulment OF
its own stipulation for the protection OF the rights which
the people of the United States had assumed the obga
ton to protect continued those laws in force as fully as
could ays Sy sTq
rial government department OF the United States having
its own system Of laws though not perhaps the power Of
enacting new ones, but having system Of laws which
were continued in operation and administered by officers
existing in that Territory, formerly Territory OF the
Me republic but Territory OF the United
States These laws not only not abrogated, but
they were fact expressly recognised by Congress for
by joint resolution passed on the ID OF March last,
the Congress of the United States invited emigration to
the Territories OF California, OF Oregon, and OF New
Mexico and directed the Secretary of Warto furnish to
the emgrants who might apply for them arms and ammu-
milton at cost for their protection What made California
and New Mexico, regions bordering upon each other,
separate Territories in the opinion OF those by whom this
law was enacted They could be separate only because
they o a oT s n he
civil rights and the property OF the inhabitants II
the cesson which was made by the extension OF the
boundary Of the United States TO comprehend all
this region obterated the territorial land marks, de-
the territorial government why sir they could not
have been spoken of and treated by Congress distinct
Territories they Ii is not and cannot be claimed
that Congress bound continue in force all the laws
then existing for the government OF the Territories They
might be amended and improved but the treaty guaranteed
that Congress should do all that was necessary either
by the adoption OF the existing laws or by the enact
ment OF others, 10 secure the people OF those Territories
in the enjoyment Of their liberty and property Well SIR,
can inhabitants necessarily accrued TO all who by the
invitation Of Congress, chose to emigrae, and make
California nao;aton and home c. AZ Mow ~, mere can oe
Whether therefore, the inhabitants OF California were
the original Mexican inhabitants, whether they were
the emgrants introduced in pursuance OF invitation,
Congress was equally bound 10 afford them system oil
law adequate to their protection.
Mr.. YULEE, dnterposing) Mr.. President il the sen
Mr. BALDWIN should prefer not, as / do not like
the practice which has become 20 frequent oil late IN the
Senate, unless have made some erroneous statement OF
fact which the senator wishes TO correct.
Mr. YULEE That is precisely what rise for-to
correct fact which seems 10 me material.
Mr. BALDWIN BAL DIV Then will yield the floor. -
Mr. YULEE The senator stated in relation to Flor-
da that the Spanish laws recognised by act OF
Congress- continuing in force upon the transfer OF that
country 10 the jurisdiction OF The United States rise
for the purpose OF correcting the senator upon that point
OF fact The senator is entirely mistaken in the state
ment which he makes On the contrary, the only code
OF laws which recognised having force in Florida
after possession was taken by General Jackson, the
code OF laws adopted and issued by General Jackson,
under authority Of joint resolution oil Congress, which
Empowered the President oil the United States to appoint
an officer to receive possession OF Florida and 10 hold
possession conerIlng upon that oicer all CIVIL Judi
cia and legislative functions which had been previously
exercised by Spanish officers General jackson, under
that authority, recognised such laws he deemed suit
able for the territory, and enacted other laws himself;
and under these laws the people OF Florida were govern
ed until the territorial act passed The act 10 which
the refers had reference TO the laws adopted and
promulgated by General Jackson and not to the Spanish
laws previously existence. make tue correction
now because observe thai the same error has been
made in the other house, and perhaps in this on pre-
vious occasion.
MIR. BALDWIN resumed Il is perfectly imma,erial,
as far as regards my own argument what system OF laws
had been adopted in relation TO Florida. introduced Il
incidentally Tor the purpose OF showing that, In my jndg
ment ii there treaty binding this government TO pro-
ect the citizens in their liberty and their property and
this government had neither enacted authorized the
enactment of any other system OF laws than. that which
then existed and under which the inhabitants were pro-
tected in their civil rights Il necessarily follows that
those laws must be continued for, otherwise, the treaty
obligations could not be fulfilled. Had California con
tnued as il was, composed OF few sparse settlements
the laws in force at the time Of the cesson would have
been ample for their protection Their interests were small
transacons with each other were comparatively few
their temptations to crime slight; but under our au
horty by our invitation, vast influx OF population, IRON
all parts OF the world have migrated TO Caiiiorna
Ships from Europe and Asia and Western America, as
well as from our own coast, have entered their magnh
cent harbofs richly laden with the products oi every
climate Mines OF gold of unsurpassed richness nave
allured advenurers OF every description and gwen
new impulse labor in all the departments OF industry
Towns and cities have arisen among them, as by magic
thousands OF people clustered together from der
ent nations OF dsslmar habits differing IN their usages
and the systems OF law which they had been accus
toned in The places from which they migraeddlterlng
each other II is perfectly obvious then, cir, that the
system Of law and the administration which would have
yielded competent protection TO the Mexicans inbabhng
this territory at the time OF the treaty, would now be TO-
tally inadequate tothe exgencies OF society IL s true, SIR
that there is there very large proportion iron the
/ best population OF this country. IL IL mingled with
a population from other regions requiring the re-