Year: 1860

The legislature Of 1859 passed an Act which


provided that five counties of the Southern


portion Of the State, TO wit the counties of


San Louis Obispo. San Bernardino. Los An
geles. san Diego and Santa Barbara AMI q


part Of the county of Buena Vista. might be
if two thirds of the voters of those counties
agreed to it. and be organized into Terri
torial or State Government, as they might see
tit Two thirds of the people Of those coun-
ties voted in favor of the measure, and the
Act together with tue vote thereon has been
transmitted to the President of the United
States in order that he may lay the matter


before the Federal Congress for final action


Whatever may be the doubts existing as to
the constitutionality Of the act of the legis-


lature. it is pretty clearly manifest that if


Congress ratify that Act and proceed to or


ganize a Territorial Government for those


counties, or awaiting the immediate organi-


zation of State Government by the people
there residing. admit the new State into the


Union. the question is as definitely settled as
if the entire proceedings had been pronounced
constitutional and legitimate by thousand
courts; because there is no appeal from the
decision Of Congress in a matter SO clearly in
vOlving the exercise of a power which is
strictly political in its nature and not referra-
ble to judicial authority.


Suah bainO fha ooaa H. onIx, ,~o;Dk 20 10
determined is whether it is to the interest of
the people of this State that those southern
counties should have a separate government
II it be not to the general interest, remon
STRANGE from the people at large should be
sent to Congress- protesting against the di-
vision. Although the legislature may have
power to do what it has done. without con-
sulting the feelings of the people at large, on
the subject, yet it is manifestly just that the
consent of the people should be had. The
presumption is, in fact, that the legislature
represents the whole people Of the State, but.
II it be clearly proven that. in this instance,
it does not represent them. the presumption
falls 20 the ground. The legislature consents
10 a division of the State But it is a mere
creature af the people. and ought not legis-
lasuEe which proceeds to so grave an act as a
division of the State to be elected with a
view TO that measure?


1t is argued by those southern counties that
the other counties should not object to their
for the reason that it is to the
interest Of the former to be segregated, while
.t car make no difference with the latter in
any shape or manner. They desire to be Sc
gregated, they say. because they are an agri
and grazing region exclusively Tor
almost SOY and are taxed on that account
and taxes being so high-to an amount alto
yether disproportioned to the taxes imposed
upon the counties which contain the mining
regions. Their interests being different, they
are compelled to bear the burdens of gov.
ernment which is entirely different in its
policy, as regards revenue, DC. from the kind
of government which they would have were
they to organize one of their own.


Admitting that these reasons are good and
valid. and that they were endorsed by the
people Of the northern counties, still there are
difficulties in the way of Just and equitable
division. of considerable magnitude, one of
which is the question of the State Debt
What proportion of this debt are these coun-
ties, if segregated. going to pay2 Or are
they to be released from it entirely?


As to the mere reduction Of the limits of
California. We presume she has plenty to
spare. Her area being l55. $50 square miles,
1t is equal in size to more than two States Of
the magnitude of Louisiana and is also more
than twice as large as the State of New York.


In all probability. however, the action of
Congress will depend more upon the slavery |
aspect Of the question than any sentiment
which may be entertained by the people Of
California 1t will be contended, of course.
that the object of the division is to devote
free soil to slavery, and thus new stimulus
will be given TO the interminable discussions
If Congress upon this most fruitful of sub
ects