The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-26
No.34

verified and substituted by another through the in
pention on the inritaion Of the legislative poseer.
A convention Of the people,, to establish organic
law, can only, conformably to the principles of
civil government, be summoned by ia,o. If other
wise, it is revolutionary and disorganizing, and
may If necessary be suppressed by the strong
hand. Mark, do not say it would be morally
wrong. recognize the right of revolution, and
the Of revolutionists is often that OF honor
| But in such action there can be do pretence of
legality or regular constitutional procedure. Sir,
the people of California, If oppressed, il even
from the neglect Of Congress to exercise its author
ity over them, so aggreved and injured as to find
their condition intoerable, might have been NOR
ally justified in dissolvng the bonds that united
them as a people of a territory to us, in subver-
ing the existing government and setting up in
dependent State for itself. But that, sir, would
have been REVOLUTIONARY appeal to the tribunal Of
/ the world and TO the God of battles Such was
4 not their state, nor was such their contemplation
Yet, sir, OF that character has been their action.
| Their convention was summoned, was regulated
| by no legislation Who constituted the people to
assemble, and within what limits they resided and
were to exercise jurisdiction, were not ascertaned
/ or defined by law. The right Of sovereignty in
| herent in the people, of which we hear so much,
can only pertain to previously existing, an or
gained or recognized political community; nor
| to unconnected masses, casual soourners, to
hordes Of roaming, unsettled Adventures and gold
seekers. I
Imean, Mr.. Speaker, no dsrespect or dispar-
| agement of the population of California. have
among them few friends, to whom, in their far
off wanderings, my sympathies strongly cling, and
| whose qualities Of heart and head command my
esteem and admiration. There is, too, a proper
ton in that population of American citizens, trained
under our institutions and prepared for freedom
and selfgovernment, and to their example and
| influence is doubtless to be ascribed the preva-
lence Of good order and the very curious observ-
/ ance of forms and practices common under the
legitimate workings of our system, in the midst of
the radical illegaity and essentially revolutionary
proceedings which have marked the recent course
4 of the people 3 fta '4l. fr tA fh'
4 But it is not to be denied that the population of
California is of the most heterogeneous compost
tion--Mexicans, Indians, Chinese, Otaheiteans,
adventures, and gold hunters from all the nations
of the earth-of every language, complexion, aud
| race. very large proportion of them are mere
sojourners, adventurers and way -farers, roaming
over a wild, uninhabited expanse in quest of
treasure with which to return to their countries
and their homes. The great majority have no
ties to the country, no families nor settlements,
and are literally tenants by suferance, if not tres
passers on the domain of the United States. The
right Of such population, without any previous
recognition and organization, into separate poll
i teal community, to sovereignty, and inherent
power, over and without the authority Of Con
gress to establish State government, can surely
not be gravely maintained by any. Yet that very
people, on mere Executive invitation, have as
sumed and practically exercised such high prero-
gative and have attempted to stamp fundamental
organic law on thousands of miles Of waste, unin-
habited country. Sir, the limits these people
assume, and which now constitutes this new State
of California, cover some nine degrees of latitude,
running diagonally, too; embrace the whole Paci-
fc coast of our acquisitions, with all its vall-
/ able harbors, an extent as great as from New
\ Brunswick to North Carolina, and include an ex-
panse of wild, unsettled territory equal to some
five or six States of our Union And is all this
to be usurped and held by some fifty one hun.
dred thousand people, without the previous autho
rity Of Congress consent of the States, at the
: invitation and under the encouragement of the
Executive alone' It is not to be tolerated, and al
whatever hazards California ought to be remanded
TO territorial subordinution.
With its performances and their results, how
ever startling, the Administration seem well salts
fed. The strangest feature of the message is the
earnest recommendation to Congress to allow the
Executive similar course of action and policy in
reference to all the residue of our vast acquisi-
| tons from Mexico, and to witness with acques-
cence the repetition in indefinite series of such UNI
constitutional usurpations and encroachments on
its own powers and the rights Of the States. II is
gravely proposed that the whole of the vast ex-
panse of country, except California, acquired
from Mexico, should be left entirely to Executive
separate communities, grown up under the tute-
lage of the President, until they attain the growth
and maturity BETTING States of the Union--then
at his discretion, and often he may deem ex-
pedient, to be invited and encouraged to assemble
in conyenGons--to form constitutions and organic
4 law, to fix limits, to assume all the attributes and
functions of sovereign State, ready for admis-
sion into the Union--ali WiUout The action of Con-
gress or The regulation Of single ia,c. Was there
ever such a conception Of statesmanship' To me
it seems like the crude fantasy Of a crazed brain,
rather than the grave recommendation of refec-
ton and wisdom. Sir, the proposition is as farc-
cal asst is preposterous: a troublesome family Of
infant communities the President would have on
| his hands, to be sure rare brawling and quarrel
4 ing, with now and then very pretty fight, doubt
less! New Mexico would be ambitious enough
to cope with Texas right away; Deseret and Cali
4 fornia already at loggerheads about lmts and
as to the innumerable little communities that may
be expected to spring up amid the valleys of the
Rocky Mountains, and the GASES of the Great
Basin, they would succeed in their struggles Ia
the tenacity and ferceness Of the grizzly bears
they expel. Sir, frequent and wise Legislation
will be absolutely requisite for the due manage
ment and settlement of these distant Terrific
ries, and you must have voiuuss of laws instead
of none. ~ a.r.t. ..,. 4..rs ~ r.,I ~.
Besides, Mr.. Speaker, how utterly inconsistent
with all the wise limitations Of our Constitution,
and the jealous vigilance of Executive power
IWefHh'e peeh aiWdys eiiJoiheu 10 eHteTtau, W
allow such accumulation Of extraordinary
powers in the hands of the Executive, and for
such indefinite period Of continuance. Sole SUI
i pervisor, legislator, and executive of such vast
and remote regions, in what would his position
4 differ from that of monarch governing by
4 satrape or proconsuls, under the name of gov
errors and bearers Of dispatches A more preg-
nant fact, more striking illustration, to show
the bitterness and intensity of the sectional issues
that distract the councils of the country, and
merge all things else, could not be afforded, than
the mere recommendation of such a scheme of
policy in relation to the territories. And but
for the vile anti slavery agitation, venture to as
sert it would never, for moment, receive advo-
cacy countenance on this floor.
4 Hitherto | have, Mr.. Speaker, considered the
action and policy Of the Executive without refer
ence in the main to this subject; but should fail
Of my highest duty, if did not expose and de-
i nounce their disastrous consequences to the rights
and honor of the South. In this respect they are
4 most of all obnoxious to me- consider them
most insidious and dangerous; that they have al
ready inflicted great wrong, and that carried out,