Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-07-31

9Th Citizens OF the United States established 'i'''
with the intention OF permanent residence
9TH. The original Mexican inhabitants.
Now, il was beyond the competency OF ''o
raj Government itself 10 enfranchsc any e1cep' ="
lotto. ,o,o.. ,rd ovep these classes Ind no a'
thority to proceed to political orga'''1a' or Con
cred by an act OF Congress -and w
gress existed. co,orol Ri,ey, by
VIVA, was done Brigad'er 'ene'u
military nrocamaton, called on Inc aRs' es'''
,,.,,J;r, alicrs and non.residehls' W
,,,,;.,.,ive and Judicial bodies; assuming ~ n'
.o1s tho executive functions. And u" o'o N'''N
b. coop.ra:ed with the same aggregate mass ~
.ri,,s III. formation of constitution. FROM 'ne VII
cms,oncss of the case, the original mhaolan's VI
Ns,ico ignorant of the language and OF the ''fn VI
procedure employed, took but little part IN 'ne n'a
ter and the number OF citizens OF tue on'eu ''o'e
who were also permanently residents composer '''''
minority. ,.a,
sucb ia an exact statement of the facts. ana now
., IN. enopiries of The Soulh," we reply
IT. ,,h os California were not legal inhabitants OF
, CONGRESS had not interfered to enirau
s,;.a .n,- nf tbs number and the majority of themoo
,.s,,, snd coust,u,onaly incapable OF eniran'
cb;ssmeut by act OF Congress lno lnoo VI ea''V'
~. AID become OUTLAWS by thus attempting 10
,surn. and actually usuTping the authorhy Vi 'ue
Federal Government. The mob OF California Gu
.oo,, sc,inst the authority of the Fedora! Govern
mani" Not only Gea. Riley and Mr.. Thomas Butter
-, o, only ibs aleus aud ourcsideuts, but the
Ito, ;,bobi,snts of Mexico who participated Id
so oud the cilizeus of the United States having
6,ed ra.dence iu California, committed AL eet OF
treason against the Confederacy OF States oy eAe'e
sing franchise to which they were not ehti'eu Wy
competent legislative authorization. One ano a'''
they became OUTLAWS.
Such is the view Of the case We have alreaay pre-
septed-suoh the view we have attributed 10 Wv
Wi,e. Yet "The South" pronouuces other"ise'
n,aces the mob of California within the pale OF the
law. and is even humane enough to interfere Tor tue
,rotactiop of Governor Wise tsave the mark) from
the Injustice of our imputaton'
Let ~. exemplify the case by al instance: suppose
;snsrsl Rey to be under trial by court martial or
mpeached by civil tribunal, on the charge OF MI
arbitrary abrogaton Of the existing Mexican ia"s'
instituted for the protection Of persons and properly
and on the additional charge Of the unau'noi'~e"
erecton of a system Of territorial government ana
oroanc law in contravsuton of the Constitution OF
the United States, and 10 defiance OF the au'
,bo,;,v of the General Government.-He pleads:
That the Mexican law was found 10 % IT,
sufficient for the adequate protection OF persons
and property. He is auswered: In such case you
could only be justified in the proclamation OF martial
law He replies: The force under my command was
insufficient for the due maintenance OF mere military
authority throughout the territory. He is answered;
your ATTEMPT TO Institute and civil authority
wa. in any event irregular, but admitting the neces-
sv for provisional form of civil government, you
have done more than was required to meet that ne
cessity You have not only erected territorial gov
eminent, but you have proclaimed the enran
chisement of all the sGjourners and residents III
California; you have presumed to authorize Them
to select delegates to Convention; you nave
assembled a Convention thus chosen, aud you
have imposed on this Convention tue TASK ana
the privilege Of framing Constitution to smoody
the organic law of California. What necessity and
what authority had you for this assumption and exer
else of all the attributes and prerogatives of sove.
reigntyl Will ''The South" be- pleased to frame an
answer to this enquiry
Contrast the poeiton of the inhabitants OF Kansas
which "Tbe South" attempts to Identify with that OF
in pursuance of the Constitution OF the United
States, has provided for tho formation oil Cons'u
,on and has extended the elective franchise to every
white male Of sound mind, over twenty years OF
age permanently resident in Kaneas, and owing allie
rance to the confederacy of States; Territorial
Legislature and judiciary have been regularly pre-
vided, and civil Governor regularly appointed.
Is it possible to draw parallel between this case
and that of California where no civil Governor was
appointed, no judiciary nor Legislature provided
where no &C. of Congress had interviewed to establish
an elective franchise or authorize the formation OF
Constitution
1t is rot a matter Of surprise that THE South
should be ut loss accurately to define the exact
distinction between a s9ourner and an 'nhdoHant.-
The South" has displayed Ignorance enough IN all
conscience, on this subject. But here II eVinces
something worse than ignoraDce-an obstinate per-
sstence in error, which can Only he attributed to
binding prejudice against the present Adminlstra
ton.
1.-The South insinuates that we plead the cause OF
the traitors of Topeka No member Of the press has
been more earnest than the Enquirer, in reprobatng
the acts Of the awless assemblase at Topeka and no
sentence of ours can be adduced TO paate the con-
opinion expressed by the journal OF the opposition'
would afford precedent to the traitors OF Topeka
by justifying an equally lawless act committed IN
California. If General Riley, and the mob al his
heels can be justified in assuming sovereign power
90 can the bogus Convention of Topeka; and so can
the late asse.nblsge at Lawrence, whose traltorous
atlompt 1.-The Soatb,' for the purpose OF discredng
Governor Walker, has chosen to palliate by repre-
sentipg it in the light Of harmless mockery. More
over, the policy advocated by THE South" would al
ford the best possible preext for renewed agitation
by the aGolitionists in Kansas, by enabling them to
assume the position of opposing the arbitrary pre-
scrpton Of an illegal restriction Of suffrage.
"The South" makes another hit at its cherished
men of s,raw favorite plaything of which 1t OBJ
stina,ely refuses TO be deprived. When did Gov.
Walker, or any other man of common sense propose
to extend the right Of suffrage to aliens "iemalts'
soldiers rnadnen aud convicts "
As to Governor Walkers course, We repeat. for the
beuetit of The South" that we cannot accept as On
evidence Of dsloyslty, the expression OF III opinion
intended to dissuade Free Sellers from violence We
DENY that Gov. Walker has committed an attempt
10 in,imidate the Convention " and We recognize
the principle Of the right of suffrage which he main
tains, as the only principle in accordance with the
Constitution Of this Coufederacy, and the act OF Con-
geess passed in pursuance thereof We never have
maintained that system of public discourses is the
bsst or most prudent means to be employed by an
Executive fuuctionary to effect the due administration
OF the law. But we do contend that i, is the duty OF
an Executive officer, combining Territorial With Fede'
raj powers 10 take every proper means to secure
obedience to the Constitution and laws OF The United
States as well rs to the laws Of the Territory over
which he pre,,des. And we maintain that Governor
Walker would not fulfill his whole duty, did he fail TO
urge the adoption OF the only rule Of suffrage Justi'