The southern press., 1850-06-25

remove because they had assisted the United
States troops, were not thereby naturalized,
nor were they embraced in the provisions Of
| the treaty Of Hidago. Under the laws Of
Congress on this subject, they are aliens,
and yet they have been permitted to vote
and aid in excluding the South from this
rich and common heritage of the Union.
The next objection is, that for citizens Of the
United States to vote for delegates, citizen
ship in California is not required, but mtre
| residence.
With the exception of the admission Of the new
States formed Of the older States, and the
of Texas previous to admission, there has always
| been an act of Congress for the territory, fixing
boundaries and regulating the right of suffrage.
AT the time the convention was called at Mon
terey, there was no law of suffrage existing in
California. The Mexican law, which fixed ma
jority at 25 years of age, and was in other re,
spects greatly restricted, not pretended to be
followed by General Riley. The reason must be
obvious. AS purely political regulation, deter
| mining the relation between the citizen and his
Government, according to the writers Oh interna-
| tional law, as well as the English and American
decisions, this rule ceased the transfer Of Cali
| forna to the United States The language of the
Supreme Court Of the United States is: The
same act which transfers their country, transfers
the allegiance of those who remain in il; and the
law, which may be denonrinated political, is ne
cessarily changed, although that which regulates
the intercourse and general conduct Of individuals
remains in force until altered by the newly created
power Of the State.
The right Of suffrage is not natural right; it is
positive institution of society, confded to GER
| tain portion or its members for the good of all.
The power to regulate it was usurped by the
proclamation Of General Riley, and was an abuse
OF authority without a parallel III the history
of this Government. The convention appears to
have been aware Of this defect in the very basis
of their proceedings, for the constitute; on which
they framed declares the qualification of voters
and provides that "every citizen OF California,
declared legal voter by this constitution, and
| every citizen of the United States resident OF
this State the day of election, shall be entitled
to vote at the first general election under this con-
stitution, and on the question of the adoption
thereof" Thus no domicil was required To vote
for the adoption of this constitution; nothing but
simple residence on the day of election. main
tain that one bas right to vote on the organi-
zation Of State, unless he is domciled within the
territory at the time. deny the right of strangers
and denizens to exclude the South and South
ern property from one of the territories by erect
| ing 1t into u State organization. That can be
effected only by citizens of the territory actually
domiciled, who are forming State government
under which they are to live. 1t is not the pro-
vince Of foreigners and strangers without domicil
or any intention of permanent residence, who
in contemplation of law, still retain their former
legal domicil, and have acquired no other. For the
rule Of law is well settled, that the donicl of orr
gin obtains until new one is acquired, and i
cannot be acquired without an actual change and
an intention to abandon the former dofnieil ant
| acquire another.
/ Resident is defined: ssOne who resides or d~elI
| in place for some time. A. b. is now resideM
Of London" Judge Story informs that 6 tive
things must concur TO constitute domicil; first
+ residence, and secondly, intention OF making II III
home of the party. There must be the fact, ant
the intent -
If, therefore, a person leaves his home 70
temporary purposes, but with an intention to re
turn to it, this change of plac>,ds not III law
change of domicil y for il is not til
mere act of inhabitancy in place which makes
the domic, but il is the fact coupled with the in
tention Of remaining; there must be amino a,endi
(Story OH Co rs-t. 42.)
"a persol W ratve citizen of one State
never ceases oelt a'f until he has &C
CURED ne UeFe Story or
Constitute ....
i If perso rE.#-r d.. -ta..-8f e 4.
of the aG s-ggais..rut:r. p. SLOWED Z,
vote, il follows 49, -sEsaF8 aUa .t- laIiE.. q
TO make IT their pernlan..s luaH tte auatr.s q
institutions and policy. Under o. ,.a 81 s. sl'
frage, the citizens Of other States on ... ar o.
election might be brought into the new State :.
sufficient numbers, and for the express purpose
of controlling its domestic policy. The injustice
and illegality of excluding the South from the
Territories by such a course of proceeding under
the pretence that it was State action, or people
of Territory settling the question of slavery for
themselves, is too manifest for dsputation.
/ There can be validity in the action of a con-
vention, the delegates to which were chosen, and
whose constitution was adopted, by voters who
were not citizens Of domiciliated in the State.
undertake Ia, say, that where citizenship was
II 4 7. -ls
fornia, not onefourh of the voters for this
sttution could have maintained suit in the judi
cal tribunals. Ii is doubtful whether this portion
were there for the purpose Of making il their home,
and without this INTENT as the jurists prove, they
could not acquire domici. They were there
temporarily to dig gold, and with the intent to
turn soon as they had collected a certain guam
tity of the gttering dust Ii is no answer in legal
sense, that many would change this view; the in
tent to remain was necessary to domicil and citi-
zenship. Without this intention, they had no
right to.parcipate in the formation of State go
vernment, and to prescribe institutions to those
who were really resident citizens Of the country.
| Under the rule of their constitution, citizens of
other States might have voted on the adoption of
| the constitution on the day they arrived in San
| Francisco, and departed for their homes on the
| following morning.
Sir, it is not true that this constitution here pre-
sented was formed by the people Of California. Il
is not their sense. IL is the work Of aliens, and
the citizens Of other States of the Union, without
domcil or citizenship in California. 1t was a
i usurpation Of political rights clearly opposed to
the principles Of the Federal Constitution and the
spirit of our Government. tbs well known that
the great mass of the real citizens Of California,
who were made so by the treaty, or had made
themselves such by residence, were entirely over
slaughed by this action Of adventurers and stran-
gers. The great majority Of the ctisens resided
south Of 36o 3O, and were unanimous in favor of
a territorial government Their wishes were over
ruled and defeated by horde of newcomers, the
men of day, whose baggage had scarcely been
transferred from the shipping to the shore. II
is notorious that the people south of that line
were, in the sequel, induced to vote for the
State organization only to free themselves from
present difficulty, and under assurances that it was
the only hope of civil government. Since the
agitation here, portion Of them have reiterated
their choice for territorial government
But, sir, such as thepopuation was, the number,
at the time of the formation Of the Constitution,