Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-06
THE DAILY TIMES.
DEBATE IN THE U. STATES SENATE.
REMARKS OF MR.. MASON.
CONTINUED.


deed since this question of the extension or Introduction
OF slavery was first brought up for discussion in the
Congress OF the United States Sir, what have we seen
as the act of the Executive of the United States in
terence to these ers In prescribing the duties of
the President the constitution enIons, amongst other
things that che shall take that the laws be faith
fully executed" The Territory of California is the
property of the United States acquired first by conquest
and the title subsequently confirmed by solemn treaty
and for the consideration of many millions of dollars
paid and payable by the United States to Mexico
Now, one would suppose if there any duty on the
President as the great head of the Government more
cogent than another, it that which would require
him to see to the safety OF the public properly and that
the laws concerning it were faithfully exsruted"
Yet, monstrous as it may appear the fact neyerhe-
less remains, that, under the evil counses OF those
around him, amongst the first acts of his administration
was, though the military commander in the Territory oil
California, to invite the inhabitants found there as
sembe in convention and pass laws and ordinances in
contraventon of the authority of the United States
Laws and ordinances by which the inhabitants were to
defeat and annu the title OF the United States acquired
under the treaty with Mexico, which the constitution de-
cares shall be the supreme law of the land' and to
wrest from the government of the United States this
large and valuable domain the property of the United
States.
found this charge sir on the terms of the proclama
ton of Brevet Brig Gen Riley, addressed to the peo-
pie of California, dated Monterey on the Sd OF June
l849 acting, he says, sin accordance with instructions
of the Secretary of War"
By this proclamation election was ordered of dele
gates to convention, the number of such delegates
prescribed election districts assigned the day ofeecton
and the qualification of lhe voters ascertaned and
fixed land day ordered for the convention 10 assemble
in discharge OF the duties to be assumed by the-acts
of highest sovereignty, exercised by military COM
mander the property of the United States, without
shadow of authority in law, and with view to ia
ciate the inhabitants of the Territory n deprving the
people of the United States of their property
How many people so assembled, and what portion
OF the inhabitants actually represented shall
presently learn, remarkng only at present that the
QIDfI aIo
be held on the first day of August following less than
sixty days notice, to people dispersed Terri
tory larger than that of the original thirteen States,
divided into bands OF gold dggers, explorers, and
hunters without organization, roads, villages,
papersoff the seacoast, and separated by mountains
lakes, rivers, and deserts
But these initiative measures to abandon to the first
corners the property of the United States strange
they are are by means the most strange in this
extraordinary Executive plunge Alter constitution
was adopted by those who had assembled under the
proclamation and ratified as was said bythe inhabitants
the TACT was formally made known to the military
commander, General Riley, and he as formally and
gravely issued second proclamation dated the Goth
December, 1949, with a military order OF same date
by which he on that day reLnqushed the adminstra
ton of civil affairs in California to the executive of the
Government organized under the provisions OF the
stituton," &c. And thus, without warrant of law in
violation ofhe plain letter OF the constitution and OF
the not less plain Executive trust, was the domin-
ion OF the United States large and valuable
Territory the property OF all the States quietly handed
over to the first occupants who went upon it, and who
were invited and stimulated to take it, and if in
sport with so grave OCCASION the General ends the
matter by agreeing to deray all the expenses of the
convention out of the public money in his hands. [See
his letter to the Hon. G. T. Bolts, chairman" &c,
dated at Monterey, September IL, ls49l
Strange, passing strange, Mr.. President, that such
fragrant usurpations OF power, such wantoD had al
most said wicked disregard Of plaines constitutional
duty shond pass without rebuke and even without
tice-any thing, every thing, constitution and ALL is
Trade IN a
cussion and the necessity of settling by the constu-
ted authorities of the land the rights of the people OF
the Southern States as co-proprieors in the Terrific
rles,
The key to all this is with becoming simplicity,
given in the annual message OF the President to get rid
of the disturbing question OF slavery, by getting rid
of the public property with which it connected
The summary disposition it to make of the rights
of the people of the Southern States weighed as nothing
with the President his counselors 1t the grave
specific ofthe French empirie which certainly carried
off the disease by carrying off the patient.
Sir, an HONORABLE Senator from Florida Mr. Yulee)
brought before the Senate, former day, occasion
somewhat similar to that arose, think i'll the of
Arkansas when the Legislative Council Of that Terri
tory pettioned the Governor to issue his proclamation
calling upon the people to organise State govern
ment the days, believe, of President Jackson The
Governor who seems to have had proper idea ofthe
position in which he stood to the territory submitted
the question to the President and he again to the At
toney General, and the latter advised the President
that the Governor bound to administer the laws Of
the country, and that he not only could originate,
but that he could give no counenance to any revolu-
tionary movement of that kind | apprehend Mr..
President that there who will doubt that the
true federal relation OF Territory 10 this Government
is that OF property and as always the OF property
held by sovereign that carries with it not only the
right to the SOIL except where private right uervenes,
but also dominion the people nhabiting that soil
1t was under such guidance that the convention as
sembed in California and framed the constitution which
has been submitted to us by the Preside1t--under the
proclamation OF military commander, without the
sanction OF the Congress OF the United States, but in
derogation of its authority And this constitution, with
the exact boundaries it presorbes for the new States
we are called on to sanction as matter political
cessty Sir, have looked somewhat into the report
of the debates in convention in California, which
placed some days since upon our tables and found
other gentlemen will find if they look through this
port that the polar which guided their deliberations
on all the great questions to be determined was, adj
just them would best ensure speedy admission OF
their State into the Union. On the question ofbounda
ry, of domestic sevitude and of the exclusion OF the
African race altogether from California, every thing
seems to have been effected, and TO some extent con-
troled by belief in the necessity of proptiang the
nalortyin Congress on the subject OF African slavery
One OF the earliest propositions in the convention in
aon to the boundaries was that they should prescribe
as the bounds of the new State the existing bounda-
ries OF California; those boundaries by which the ter
ritory was coded by Mexico boundaries which would
embrace an area nearly equal to that of the thirteen
original States and the gentleman who moved this
proposition gave his reason Tor H. that ii they under
look to cut and carve for themselves so as TO prescribe
more convenient boundaries TOR the State OF California
the effect would be to produce dissension at Washing
ION, and difficulty and delay in gaining admission into
he Union. That gentleman said, in substance; If we
lake the whole Of California, will never be consider
I'd by any body that this immense of hundreds Of
thousands Of square miles should remain as one State
out that it would necessarily be divided soon the
number of the population required it, and formed into
iierent States and his proposition was that the terri
DRY, when the proper time arrived, should be dyid
I'd into six States, each OF them having a front
Upon the Pacific Ocean. Such was the proposition
made by this gentleman, who was, apprehend one of
he most intelligent and enlightened members OF that
convention. Those views, however, were overruled as
Unjust to the twenty or thirty thousand people residing
II the great basin Of Utah and the Salt Lake thou
and miles off, who were ignorant even that such a con-
,ention in session. and the ground that to take
he whole territory for The new. State would be
likely to create dissention Washington than ii arbi
rary boundaries were assumed. The result was, that
he idea of embracing the entire territory aban
Toned, and, feeling at liberty to choose for Them
elves the convention eventually agreed to take such
boundaries as would be of most seeming advantage
o the coast population, which was done by a line
the entire Pacific front, from the boundaries
# OREGON those of Mayioo ten DEGREES