The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-11

which the Senator speaks, was merely that COM
pensatlon which, as agent, he might receive during
the recess. u did not multiply compensation, as
he seems 10 suppose.
But it is still graver matter of charge with the
Senator from California that Mr.. King, thus APP
pointed Il mere agent of the Executive, was
intrusted with entire control over the Army and
Navy and Treasury Of the United States. They
were all, he says, placed mt his disposal; the mill
tary and naval commanders in California had no
discretion; they were actually fettered by the ca
PRECIOUS will, if he chose so to exert il, Of Mr..
King. Now, how does the Senator derive thisi
He said that he would prove it by documents, and
he undertook to do IL; will show with how little
success.
Mr.. King was appointed an agent, and we must
look to the letter of instructions given to him by
the Secretary of State, in order to ascertain the
scope Of his authority. In letter Of Mr.. Clay
ton the late Secretary Of State, Mr.. King is in
formed Of his selection as an agent, and of the
nature of the duties which he was expected to per-
form. He was sent out to California to convey
information to the people of that Territory, and
TO acquire information for the satisfacton not of
the President alone, but of the whole Government.
He was instructed to convey to the people OF the
Territory the assurance of the President Is sincere
desire to sustain them in the full enjoyment Of
their rights and property. to secure to them all
Tue advantages the OHIteu
and particularly to assure them Of the disposition
of the President to sustain and protect them in
the establishment of any Government which Of
their own free choice they might think proper to
establish. He was also directed to ascertain what
was the population of the country; what were
It's products and resources, particularly Its min
eral value; how many Mexican citizens had with
drawn from that Territory since the treaty of
peace; how many had signifed their intention to
become citizens Of the United States; and to ac-
quire Information more especially in regard to the
Indian tribes. Then, the only sentence m this
letter ofinstructions, the sole charter of his power
which by any ingenuity the Senator can wrest
from its simple and obvious meaning to his pur-
pose is this:
and naval commanders within those Territories, who viii
be instructed TO assist you in the accomplishment Of the
objects your mission"
Does not the Senate perceive that this aid and
assistance which he was 10 obtain from the mil
itary and naval commanders, was merely such as
was auxiliary to the purpose mentioned in his let
ter Of instructions' Why, if the Senator can trans
mute that simple and proper sentence from It's
palpable meaning, he possesses some logical al
chemy, the secret Of which is with himself alone.
/ venture to say that no Senator here has any
such hocus pocus The military and naval COM
manders of California never dreamed Of putting
such an Interpretation on that clause as the SEN
ator from California has DONE would not will
ingly impute 1t to them, except on evidence very
different from that which the Senator has adduced.
The Senator has quoted also the letter ofthe Sec
retary of the Treasury addressed to the collector Of
customs in California, which is mere direction
to aid Mr.. King and to be guided by his advice
I" in The conduct Of all proper measures ,cithin the
scope of his Instructions. And these have shown,
from the letter Of those instructions, to be the COM
municaton of certain specified purposes of the
Administration, and the acquisition of information
desirable and important to the Executive, as well
as needful for ourlegisation. very different thing
from las the Senator says) placing at Mr.. Kings
disposal the Army, Navy, and Treasury Of the
United States.
II must be very palpable, ! think, that Mr..
Clayton letter of instructions did not confer upon
Mr.. King any such power over the Army, Navy,
and Treasury Of the United States, nor even
qualified power; that it was nothing more nor less
than such an instruction TO the officers in Califor
mia as any Administration, sending out agent
to n new and distant possession of our own, would
give under similar circumstances. II he had given
less, he would have given them no instructions at
all To aid Mr.. King, and would have thrown him
entirely upon his own resources.
The Senator, however, undertakes 10 sustain
this charge by reference to letter of General
Persifer F. Smith, who was in command of the
military forces in California. Ii seems that that
gentleman. sometime about the month of June,
1919, notified the Secretary Of War, that in order
to facilitate the accomplishment of Mr.. Kings
purposes, he had got up an exploring expedition;
and that they were going TO visit the habitabe
parts of the State, in order that Mr.. King might
ascertain by personal inspection what was the
condition ofthe population, what were the products
and resources of the country. That expedition
was organized for this purpose, and this alone.
Ii is Just what General Smith (who by the by is
not only an accomplished officer, but an unim-
peachabe Democracy was authorized 10 do, even
without such instructions. Nay, more; il was that
which il was his duty to do, whether he had in
structions to that effect or not. He was in COM
mand Of the whole Of that department What
Government, on the acquisition Of new, and,
for much the most part, unknown territory,
has failed to take all the means in its power
to ascertain its resources, TO ascertain all those
particulars Of its condition, which are necessary
for full information in order TO the just and in
teligent legislative action which Congress itself
would necessarily be obliged to take in regard to
il? Ii will be seen, by reference to the letter Of
General Smith, that the Senator from California is
not borne out in his assertion. He notifies the
Secretary Of War that he has got up this expedi-
ton, and then says:
II s hoped that the character of the country It's capa
hliy Of cultivation Us product. IN minerals aud timber
will be far a~certaned furnish all the data
sary for legislation"
That is the proof which the gentleman furnishes
that the President Of the United States had under
taken transfer his constitutional authority, as
Commander-in-Chiefo Of the Army and Navy, to
Mr.. King, to do what he had no constitutional
authority TO do--that is, to put at Mr.. Kings dis
posal the Army, Navy, and Treasury Of the Uni
ted States, the Senator SAYS. lfthere was ever
n non seqmiur, think the Senate will perceive it
here.
Then the Senator objects to another proceeding
Of Mr.. King In support Of his assertion, he re-
fers TO the fact that Mr.. King addressed note to
the commander Of the naval forces on the Pacific,
asking that the steamer Edith, then in the service
Of the Department, should he used for the purpose
of transporting members OF the convention, which
was about to assemble at Monterey, to make
constitution for the State Of California. 10 that
point This is proof that the Navy Of the United
States was placed at the disposal of Mr.. King
Now, il we suppose that the assembling Of the
convention, the framing of the constitution, and
the organization of the State government was
proper thing-and take II the Senator from Cali
iforna would be the last man in the world to deny
it, for I've took active part in it, and is enjoying
the fruits Of i with very great credit 70 himself
and satisfaction to his assoclates--then there was
no mpropriety on the part Of the naval commander
in sending the Edith to convey these gentlemen to
Monterey. STEAMBOATS, are like talent--they rust
unused. The Edith would be better employed in
proceeding up the coast to Monterey, with the