The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-27

so" by Congress might occasion " bitter and
angry dissensicns among the people Of the
United States" the Californians were adj
vised to adopt It. Their right to do so is
considered unquestionable, because every
State has the right of establishing and from
time 70 time altering, its municipal laws and
domestic institutions. /" The first statement
assumes that the Southern people only OBJ
ject to q certain form of exclusion, and will
acquiesce in every other that the Cabinet
may suggest and the Californians adopt !;
the second, that California is State with
full sovereignty, when in fact il has not yet
been advanced to the rank Of territorial
dependency Of the Union. M
When the people Of California, after a
suitable period Of territorial tutelage, and in
pursuance Of an act Of Congress-, assemble in
frUnvehtion to adopt constitution, they will
possess the power, under the general prin-
ciples Of the Constitution to determine
their own domestic Institutions. Bat the
scheme to exclude the people Of hall the
States Of this Conlederacy by the present
population now roaming over that Territory,
is in conflict with the whole spirit Of the Con-
stitution, and ought not ITO receive the
sanction Of Congress-
From all the facts disclosed, it appears
that the present State organization Of Cali
fornia is the mere creature of Cabinet IN
trigue, designed to relieve the present Elk
ecutive from either an approval or veto Of
the W;lmot Proviso. have no hesitation
in asserting, that the policy recommended is
more obnoxious to the South than the meg
sure it was intended to supersede The
Wilmot Proviso is bold and open exercise
Of power by the Congress Of the United
States, which has the admitted right to le-
gislate for the Territories, subject to the re-
straints Of the Constitution; while the peo-
pie who have assumed to incorporate the
same proviso into the constitution of Cali
fornia have no color Of authority to legislate
for any purpose or to the most limited ex-
tent.
The several States composing this Con-
federation acquired an indefeasible title to
the Territories Of California and New Mex
leo by the treaty Of Guadalupe Hidalgo,
the rati6cations Of which were exchanged
on the 30th Of May, lS4s. The several
States, or the people thereof, became Joint
tenants of this common domain, entitled to
equal rights therein, which the Federal Co
vernment, as the agent Of all, is under the
highest obligation to protect. In accord
ance with this obligation, it devolved on the
last Congress to extend over it Territorial
governments, which would invite the emf
grafton of American citizens, with their
property Of every description, from every
section of the Union. But the prevailing
conflict Of opinions ard passions was fatal
to harmonious action. Congress expired
without the exercise Of its legitimate au-
thority over the Territories, leaving them
subject to the Constitution Of the United
States, which is ssthe supreme law of the
land )" to the treaty Of Guadalupe Hidal-
go, "made under the authority Of the United
States; - and to the local laws OF the Ter
ritory, as they existed at the conclusion d
the treaty, regulating the relations Of the in
habitants with each other, not in conflict
with either the Constitution or the treaty.
The termination Of the war left govern
ment de fdcto in full operation, competen,
to administer the laws, until more effective
government could be provided by Congress
Upon that subject, Mr.. Buchanan says:
s1n the meantime the condition Of the people Of
California is anomalous and will require on their
part the exercise Of great prudence and discretion
By the conclusion Of the treaty Of peace the mill
tary government which was established over them
under the laws of war, as recognized by the prac-
tice of all civilized nations, has ceased to derive
its authority from this source of power. But is
there, for this reason, no government in Califor
mia Are life, liberty, and property under the
protection of no existing authorities? This would
be singular phenomenon in the face of the world
and especially among American citizens, who are
distinguished above all other people for their law
abiding character. Fortunately, they are not re
duced to this sad condition. The termination o.
| the war left an existing governmental govern
ment de facto--in full operation; and this win con
tinue, with the presumed consent of the people
until Congress- shall provide for them territorial
government. The great law of necessity justifes
this conclusion. The consent of the people is
irresistibly inferred from the fact that no civilized
community could possibly desire to abrogate ar
existing government, when the alternative pre-
scented would be to place themselves in a state Of
anarchy, beyond the protection of all laws, and
reduce them to the unhappy necessity Of submit
ting to the dominion of the strongest"
This was the condition of California anc
New Mexico when the present Administra.
ton succeeded to office, on the 4th of March
last.
now proceed to inquire what We're the
duties of the Executive in relation to these
territories : Under our form of government
the President possesses neither Legislative
nor judicial power. The Constitution dis
tinctly defines the several departments and
the appropriate functions Of each, vesting in
the President powers purely executive:
"The executive power shall be vested in a Pre-
sident Of the United States of America
.sThe President shall be commander in chief Of
the army and navy of the United States.''-
HE shall take care that the laws shall be faith
fully executed. -
We have seen that government de facfo was in
operation, with full capacity for the preservation
OF order and the Efficient administration Of the
laws. Ii was his duty. to The extent OF his power
to maintain the existing government until Con.
gress exerted its paramount power to abrogate it,
and to stake care that the laws be faithfully exc.
| cuted.- The Constitution was "the supreme
law OF the land and if it had been faithfully ex-