The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-26
Vol. 4.

sidious and fatal to the rights and interests of
my section in particular, am bound, in sheer
justice, to acquit the memory Of that eminent
constitutional jurist and able President, James
X. Polk, from the imputation Of originating or
sanctioning them Not doubling the distinction
to exist, | am bound, BY yet higher considers
ton of general good to exhibit it, to prevent the
weight influence and authority OF the late Ad-
ministration from being adduced to aid as pre-
cedeDt in sustaining and establishing an action
and policy so unconstitutional, SO wrong, and so
hostile to the cause Of the South. n 2.
So far ms appears from the message and cor
respondence published in the papers, and which
have been able to see, the sole pretext in real
ity existing for the assumption that the action Of
the present Administration is in pursuance and
development of the policy of the last is, that
the Governor of the de tacto government was the
same individual under both Administrations, be-
ing appointed by the former md continued by
the present Executive. This certainly does not
suffice. He was, at all times during the present
Administration, subject to its authority and in
to the acts Of the two Administrations, and the
written authority given to its agents by them.
That Of the past Administration was in strict
conformity to all the principles which I have
carefully stated as applicable and obligatory.
My brief hour will not allow me to read the able
letter Of Mr.. Buchanan, conveying the views and
giving the instructions Of the late Administra-
ton to its agent selected to 60 to California.
i can only ask attentive consideration to it. In
it, it is distinctly recognized that California had
become territory Of the United States that
the sovereignty over it had been ceded to, and
was vested in the sovereign States Of this Con-
federcy--the United States; that the Consti-
tuition of the United States, as far MS applicable,
extended over it as the supreme law; that such
Legislative power as, conformably to the Consti-
tuition and our institutions, could be legitimately
exercised, was vested in, and could be employed
only by the Congress of the United States that,
until the intervention Of such Legislative power,
the de tacto government existed, and would con-
tinue; that the powers of the President were
purely executive, and confined to the mainte-
nance OF that government, the execution OF the
laws, and the preservation of peace and good
order. With equal address and ability, Mr..
Buchanan presents to the people of California
the privileges they may expect to derive from
becoming annexed to this great and free Con-
federacy, and the brilliant prospects which may
be opened to them by hereafter becoming States
and members of so glorious Union. He en-
larges on the advantages they may expect to
derive from the introduction of our admirable
land system, the rapid growth and development
which awaited them under our fostering care
and tree institutions. He explains to them, too,
some OF the causes which had prevented Congress
from extending its legislative action to them;
expresses the hope, that at the next session such
causes will not longer impede; and engages, as
the Executive was clearly entitled, to make to
Congress an earnest Recommendation of early
and efficient Legislation for the Territory In
brief, he uses many arguments to reconcile the
people OF California to their new relations, to
the omission of Congress to legislate, and to
satisfy them with the existing state of things.
With no less care does he avoid any invita-
ton to the people to take independent action
for the adoption Of other forms of government
or other institutions. He neither assumes, nor
invites them to assume, Legislative or judicial
functions; but urges them to await the action OF
Congress, as possessing the only legitimate au-
thority to effect those ends. He gives no opinion
as to the operation Of Mexican laws over the
relations of persons, further than to say: all eX
listing laws are in subordination to the Constitu-
ton, as the supreme law; but leaves all such
matters where they rightfully belonged--to the
existing judcature In all this, submit, there
is much to commend nothing to condemn.
Would that the action of the present Admins
tratiOn had been the same. should have been
the first to approve
a After the example of the former Administra-
ton, the present likewise sent out special agent
(the Hon. Thomas Butler King) to California.
In q letter from the Secretary of State, Mr..
Clayton, to him, we have his instructions as far
as given in writing; and in the special message
on your table, we have the explanation of the
President as to his motives and purposes, and
an avowal of the action and results which have
followed from his suggestions From these.
authentic sources, / learn the action and policy.
of the President, which | condemn. The gen
tleman from Texas Mr.. HowARDl on yesterday
called attention emphatically to the significant
intimation in the letter to Mr.. King, that he was
familiar with the views and sentiments of the
President, and could suggest measures best cal
culated to give them effect He inferred that
the most material instructions might have been
given orally, and that we were to look to the
action in California subsequent to the arrival of
Mr.. King, to interpret them. The intimation
of the letter certainly was ndscreet, for it placed
the President very much at the mercy of the
agent, and conffded to his mere discretion the
representation of any views and wishes not i'm
consistent with his written instruction, as those
of the President. do not, however, consider it
either liberal or just to suppose, that instruc-
tons variant from, or in material addition to,
those given in writing were impaired orally to
Mr. King, especially as the President, by omit
ting to state such in reply to the call of the
House, implicitly repels the presumption. We
should take the letter and the message as the
only authentic exposition of the instruction and
action of the President. ] confine myself to
them, and indulge no suspicious.
cannot read these documents in full, though
must ask particular attention to them. Yet.
to avoid the possibility of injustice, quote sew
eral passages, which / intend mainly to refer
to.
In the letter to Mr.. King, Dir. Clayton says:
"You have been selected by the President to
convey TO them these assurances; and especially
the assurance of his firm determination, so far
as his constitutional power extends, to omit
nothing that may tend to promote and secure
their peace and happiness. You are fully pos
sessed Of the Presidents rieos, and can nth pro
priety suggest TO the people Of California The
adoption of measures best calculated to gire them
effect These measures must, of course, origi-
-. Al Al A Z II