The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-18
[See first page.]
The Admission OF California.


By the eighth article of the treaty of
Guadalupe Hidalgo, it was provided that
all the Mexican citizens who should re-
main in the territories coded by Mexico
to the United States, after year from the
date of the exchange of ratifcations of the
treaty, without having declared their in
tention to retain the character of Mexi-
cans, should be considered to have elected
to become citizens of the United States.
By the ninth article of the same treaty it
was stipulated that all such citizens should
be incorporated into the Union Of the
United States, and be admitted at the pro-
per time Ito be judged Of by the Congress
of the United States) to the enjoyment of
all the rights of citizens of the United
States, according to the principles of the
Constitution; and in the mean time should
be maintained and protected in the free
enjoyment of their liberty and property,
and secured in the free exercise of their
religion without restriction.
The people of California have met in
convention, and framed a State constitu-
ton, which they have ratified bya large
majority of votes. and under which they
have elected Senators and Representa-
tives to Congress, who present themselves
here with their constitution, and seek ad
mission for their State into the Union.
Congress are now called upon to say whe
ther or not the "proper time" for the ad-
mission of this State has arrived.
Two objections are raised to her admis-
sion growing out of alleged UsURpATIoNs.
In the first place, General TAYLOR has
usurped unauthorized power in advising
California to erect State. In the next
place, the people of California have usurped
unauthorized power in venturing to erect
State.
Usurpation implies iorce-illegal force.
Advice may be impertinent or unwelcome,
but to describe it as "usurpation'' is a
new use of language. 1t is true that, act
ing under the orders of the late administra-
fion, General RILEY issued proclamation
advising the people of California to frame
a State constitution. This proclamation
was issued at Monterey on the third
of June. 1t was not till the fourth OF
June that Mr.. KING arrived at San
Francisco-one hundred and thirty miles
distant from MISUNDERSTANDING had no
communication with General RILEY, who
was acting altogether under the instruc-
tons of Mr.. BUCHANAN and Mr.. MARCY.
The steamer in which Mr.. KING was pas
ssnger did not stop at Monterey, SO that
General RILEY could have had no know
ledge of Mr.. KING's instructions, and Mr..
KING could have had no knowledge Of
General RILEY's intentions. If the PEG
pie of California did not approve of the
step which General RILEY recommended
they were at liberty to disavow it. They
were not compelled to act under it. Blu
they saw fit to adopt and ratify Genera
RILEY's act, and by that adoption they
cured any defect of legal power in the
act, as far as they were concerned.
The people of California have not com
planned of General RTLEY's act. They
do not now complain Of it. Is it "usur
pation," then, as far as the people of thu
United States are concernedl Just a
much as it was usurpation" in Presi
dent TAYLOR to recommend the observ
ance Of a general fast, which the PEG
pie were at liberty 10 regard or disregar
at their pleasure. If General RILEY ha
undertaken the exercise Of any corcio
over the people Of California, then dill
ferent case might have been presented
But a mere recommendation to them
do an act which they might still do c
leave undone, at their pleasure, amount
ed TO nothing. II was, at all events
a harmless, act. Blu. in our judgment
il was not. only General RILEY's rigl
to give such advice under the existin
circumstances, but if he thought it d,
sirable for the peace, good order, and prc
lection Of the territory under his govern
ment, it was bis duty to make the recon
mendation. At that very time, measure
were on foot at San Francisco for the e
Enlistment of an independent government
Movements for the establishment Of loo
governments were on foot in several di
tricts. From these conflicting jurisdi
tons, confusion and anarchy and violen'
would undoubtedly have arisen, if Gen
raj RILEY had not sought TO present son
general plan which would unite the frien'
of order and peace throughout the teri
tory, and indicate a mode by which the
might be rescued from the evils wi
which they were menaced.
1t is alleged, however, not only III
General RILEY has been guilty Of usurp
L..t H. ,~oo,,io eSc C.I.co-n.. L..