The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-27

MIR. II. s. RAYMOND, OF VIRGINIA,
ON the admission Of California, &c.; deliv-
cred IN the House Of Representatives,
May 21, 1850.
The House resolved itself into Committee of the
Whole the state of the Union, (Mr. BoyD, Of
Kentucky, in the chair } and resumed the consid-
GRAFTON Of the special message Of the President OF
the United States transmitting the constitution OF
Mr.. RAYMOND entitled TO the floor, and
addressed the committee during the allotted hour
as follows:
Mr.. CHAIRMAN: II not my intention, until
within the last few weeks, to take any part in this
discussion, and l should not have changed my de-
termination if II were not that occupy seemingly,
position not in accordance with the popular sen
tiinent of the people of the State which have the
honor in part To represent
differ to some extent with those gentlemen from
Virginia who have addressed the House on the sub
ject now under consideration, particularly about
the action OF the Executive; and representing, as
do at least tenth of the voters OF the Common
wealth Of Virginia, andbelieving that my views
approximate to and with the opinions of large ma
ority of the people of Virginia, (not excepting the
Petersburg, Richmond, and Norfolk dstricts,) !
have come to the conclusion that it s my duty to
present my views to this House and the country.
have taken my position after the best reflection
could give this question, and expect to maintain
it. And here let me take occasion to say, that my
determination to vote for the admission OF Cafor-
MIA, in some form, as one of the sovereign States
of this Confederacy, Is no new thing with me-my
opinion was partly formed and made up before the
assembling Of this Congress- except as to the boun-
Diary of the State; and If that shall not be changed
do not know that it will form an objection with
me-
i took my stand in favor of the admission of Cal
ifornia into the Union before the people in the can
vass for scat upon this floor and | have neither
seen nor heard any thing TO induce me to change
but that my course will meet the appreciation Of
my constituency. And, sir, should be recreant
in the discharge of my duty to the people of my
district, if did not carry out in good faith the
them.
Sir, we have acquired this territory by conquest
and by treaty, and we are bound in honor to take
care of it. 1t is part and parcel Of this Unon-the
people acknowledge our sovereignty over 1T, and
our right to all the public property therein. The
principal part Of the inhabians of California are
emigrants from the States of this Union. "They
are bone of our bone, and flesh of fesh;'' they
know and appreciate their political rights; they
have been schooed in political schools, and un-
derstand the rights and privileges of American
citizens well as their brethren they have left be-
hind them.
Sir, if the people of California, in forming their
constitution, had provided for the introduction OF
slavery within their borders, quite different state
Of things would have manifested itself here. Those
gentlemen who represent on this floor the North
only, would now be occupying the position OF
southern gentlemen who are supposed to represent
the South only; and. sir, none of my southern
friends would be found resisting the admission OF
California into the Union; nor do believe they
would have censured the President in such un-
measured terms for merely suggesting to the peo-
pie Of California the proprety OF adopting measures
to form constitution with view OF asking to be
admitted into the Union one Of the States OF
this Confederacy. And while on this subject will
notice some of the remarks of my colleague from
the Richmond district. He says, in his speech de
lvered this floor in the early part of this discus
sion, when speaking of the action of the Executive
"They exhibit, as contend, MIR. Speaker, gross
usurpation, on the part of the Executive, OF both
judicial and Legislative powers" Here Is direct
charge that the President has usurped and taken
upon himself the Legislative power OF the country
| a very grave charge; and what is the evidence be
adduces before this House and the country to sus-
tain and make good this charge! He quotes the
| following extract from a letter from Secretary
Clayton TO Mr.. King:
"You have been selected by the President 10 convey
to them these assurances and especially the assur-
ance of his firm determination, far as his consti
tutional power extends, 10 omit nothing that may
tend TO promote and secure their peace and happi-
| ness. You are fully possessed Of the Presidenf,
vie,os and can toih proisfy suggest 20 the people q
California e adoption Of measures best calculated "a
i giue them effect These measures must, OF course
! originate solely with themselves. Assure them Of
the desiye Of The Erecutipe Of s United States
10 protect and defend them ia the formation Of ans
government, republican in its character, hereafter tc
be submitted 10 Congress, which shall be the result
Of their own deliberate choice but let IL be at the
/ same time distinctly understood by them that the
/ plan of such government must originate with
themselves, and without the interference of the Ex
| ccutive
'The laws Of California and New Mexico, as they
existed at the conclusion of the treaty Of guadalupe
Hidalgo, regulating the relations Of the inhabian
with each other, will necessarily remain in forc'
in the Territories. Their relations with the formei
government have been dissolved, and new relation,
| created between them and the government Of th,
United States bat the sristing ia,os, regulating IN
relations Of the people toifh each other toiH continue
IL .L.II.
| naval and military commanders on these stations
will be fully instructed 10 cooperate with III,
| friends of order and good government, 80 far IA
| their cooperation can be useful and proper"
Now, sir, here is suggestion Of the secre
tary TO the people Of California, OF the Presiden
views, advising them Of the necessity Of consulting
one with another upon the propriety OF forming
State government. We had failed 10 do our duty
Il Of California, and they thrown upon their owl
/ resources, and bound 10 provide government 70
/ themselves, or live under military government
Congress had adjourned without making any pro
| vision for the government Of this Territory; ans
under this state Of things the President says in hi
message, al did not hesitate 10 express TO the pco
pie OF those Territories my desire that each Ter
ritory should, If prepared 70 comply with the re
Quisions OF the Constitution Of the United States
form plan Of State constitution and submit tn
same TO Congress-, with prayer for admission
into the Union as State; but did not anticipate
suggest, or authorize the establishment of an,
| And my colleague in substance asserts in his ar
gument, that this recommendation, or advice, .
given, was gross usurpation, and that the Presi
dent by so doing guilty of usurping the legis
lstivc and judicial power Of the country. III
argues, and rightly, too, that IL belonged 10 tn
legislative branch Of the Government TO provid
for, and organize, territorial governments, and ais
TO provide for the admission Of States into thi
Confederacy-a doctrine and principle that no on
will or does controvcrt.
But because the President suggests 10 the peopl
of California the propriety Of forming State gov
ernment, my colleague, from this fact, and thi
only, asserts that he (tbe President) was guilty O
usurpation. Strange doctrine to be advanced b,
: 30 able and distinguished lawyer, that mer
suggestion TO the people, made by the way Of Civ
? ing advice, should be construed and declared TO
exercise oflegisatve power. II this is true,
he is right in his construction Of what constitute
an act Of legislative usurpstion, then, sir, all
Presidents have, TO a greater or ess extent, bee
usurpers President Jackson, according 10 Tn
same rule Of Interpretation, was guilty ef usurpa
ton when he issued his memorable proclamation
at the time some Of the people Of south Carolin
were threatening to nullify and make void the law
Of the United States. We all recollect the effect
produced by that proclamation; the whole peopl
approved the sentiments IL contained, and the Dol
and patriotic stand taken by President jackson I