The southern press., 1850-06-25


main. Naturally, before any political COM
munity enters on any portion of this domain
to erect it into State, the consent Of Con-
gress should be had, and, as general course
of Legislation, such has been the practice Of
the Government. The late treaty with Mex
leo evidently contemplates that the Congress
of the United States will move first in this
matter, and that, until it does act, these ter
ritories will be governed by the authority Of
the United States. AS to the time and
method Of admission, the language Of the
treaty is peculiar and quite different from the
provisions by which we acquired Louisiana
and Florida.
The treaty with France of 1903, for the
acquisition Of Louisiana, provides that :" the
inhabitants Of the ceded territory shall be
incorporated into the Union of the United
States, and admitted, as soon as possible,
according to the principles Of the Federal
Constitution, to the enjoyment Of all the
rights, advantages, and immunities of citi-
zens of the United States"
In the treaty with Spain, Of 1919, it was
declared that the inhabitants Of Florida
!" shall be Incorporated into the Union of the
United States, as soon as may be consisten:
with the principles of the Federal Consti.u-
tion, and admitted to the enjoyment Of all
the privileges, rights, and immunities Of the
citizens Of the United States.'
The treaty Of Guadalupe Hidalgo declares
that !" Mexicans, who in the territory afore-
said, shall not preserve the character Of clti-
zens Of the Mexican Republic, conformably
with what is stipulated in the preceding
article, shall be incorporated into the Union
OF the United States, and be admitted at the
proper time (to be judged by the Congress
Of the United States to the enjoyment Of
all the rights of citizens of the United States,
according to theprinciples ofthe Constitution;
and, in the mean time, shall be maintained
and protected in the free enjoyment of their
liberty and property, and secured in the free
exercise of their religion without restraint.
Here Congress is given wide discretion
by the treaty, which is the law Of the case,
unless it can be shown that it conflicts with
the Constitution. Congress is made by the
treaty the exclusive Judge Of the proper time
for the admission Of these people into the
Union. II is fair inference from the Ian
guagc used that the commissioners contem-
plated that Congress would say to them
when the proper time for admission had ar
rived. II was not the people Of the ceded
territory, but Congress, who were to Judge
of this matter. The reason for this provis.
ion must occur to every one At the periot
of the negotiation Of this treaty, the mines 0
California were unknown; the mass Of tn,
population were Mexicans and pueblo In
dians, and they were to have year to de
termine their citizenship. 1t was very un
promising material out of which to form
American citizens, capable of working ou
representative system. Mr.. Trist knew
their character well, and hence the provis
ion in the treaty which gave to Congress.
unlimited control over the time Of their in.
corporation into the Union, and made the
previous action Of Congress a condition pre-.
cedent to their formation of States in ordel
to an admission into the Union. 1t is obvi.
Gus, from the language employed in the
treaty, that the commissioners contemplated
a territorial government for these countries
previous to their admission into the Union
Until admitted into the Union, the treaty
expressly guarantees to these people theiI
liberty, property, and religion, which show,
that an intermediate territorial government
was contemplated'by the commissioners.
Admitting, for the sake of argument, thai
the legal difficulty CT the want Of previou,
assent of congress to the formation OF thi,
State could Be>cured BY subsequent legisla.
ton, still there is another defect which j.
radical, and goes to the nullity Of the very
basis of the California constitution. The
delegates who formed the constitution itself
were not elected by citizens. of the United
States with legal and fixed domici in Cali.
fornia, and large portion Of those who vo-
ted for its ratification were laboring under
the same disability. The Constitution Of
the United States, wherever it speaks o
federal numbers, looks to citizenship and
domicil. The cit zens of one State cannot
be enumerated in another. Citizens domi-
ciled in one State cannot vote for men,
bers of Congress in another. To maintain
the reverse would be to overthrow the entire
representative theory Of the Government
and destroy the State system. The people
Of Ohio have no power, under the Constitu-
ton, to permit the citizens Of Kentucky tc
be enumerated or vote for President or mem
bers Of Congress in that State. IL they had
this power, the federal slave basis could be
transferred to the free States, and the same
federal numbers counted in different States
The exercise Of the right Of suffrage touching
federal rights, under our system, cannot be
separated from domici. People domicilet
in the States Lave no right, under the Con.
stltution, to participate in the formation O.
government for new State IN one of the
Territories ofthis Union, or to vote for mem.
bers Of Congress to represent it. Their po.
litical rights, in this respect, are fixed in anc
pertain to another jurisdiction. That the ac.
ton Of California violated the law and the
Constitution in this respect, is evident from
the following provisions established by the
proclamation Of General Riley, on the Sd o.
June, 1S49: