The southern press. [volume], July 26, 1850, Image 1

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Ell wood Fisher A Edwin De Lew.
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SPEECH OF
Hon. J. A. 8EDDON, of Virginia,
On the actum of the Executive in relation to Calu
fornia.?Delivered in the House of Representatives,,
January J3, i860.
Tlie President's Communication, in reply to the
Resolutions of Mr. Vehablk calling fur information
in relation to California and New
Mexico, being under consideration?
Mr. SEDDON said:
ci mt_ _ _ ^A: 4..1 1
THE SOUTHERN PRESS,
,. i - * * , . , ...
I. " M I II .1 1 SSfgjSSSSi . 1 * '! '-2 'J . ? LJ! _
DAILY.
Vol. 1. Washington, Friday, July 26, 1850. Mo.34
iur. or?A&t.K : i ne ucuun uutcu, uuu w?c
course of policy recommended by the Executive
to be pursued in reference to California and the
Territories lately acquired from Mexico, as developed
by the message and documents now on
your table, are to my mind so strange, startling,
arid dangerous, as to demand at the very first
opportunity, even on the motion to print, examination
and exposure. I should have been better
pleased if this duty had been undertaken by
some member of more weight and reputation,
who might have commanded in larger measure
the attention and confidence of the House and
the country; but since none such seem to have
directed their special nttention to this matter,
and to be now prepared to expose the character
and tendencies of that message, I, sir, humble
as I am, feel imperatively bound to make tlie
attempt, and to invoke tlie most serious attentention
of the House and the counntry to them.
For a clear perception of the action and policy
of the Executive towards California and our
other acquisitions, and of their tendencies, it is
necessary to advert to and ascertain the condition
of those Territories, and especially California,
at tlie close of the war with Mexico?
the relations existing then between them and
the United States?and the obligations resulting.
For brevity, I shall for tho present reler
to California only, though the same observations
will apply with equal propriety to all our other
acquisitions, not belonging to Texas.
During the war, California had been subjugated
by tho prowess of the American arms, and
was held, after all resistance had been quelled,
in tranquillity under military domination. By
tlie treaty of Guadalupe Hidalgo, which restored
peace, California was ceded by Mexico in absolute
sovereignty to the United States, in part for
the consideration of a large sum of money,
$18,400,000?much the greater portion of which
is yet to be paid. By those means, California
became a Territory ot the United States. The
Constitution of the United States, as far as nj>plicable,
extended over it, and became " the
supreme law of the land." The sovereignty over
it was ceded to, and vested in the sovereign
States of this Confederacy?the United States.
In them was vested the eminent domain, the
ultimate proprietorship of the whole. Whatever
of legislative power could be exercised over territory
of the United States, in conformity to our
Constitutinn, the rights of the States, and the
principles of our institutions, appertained to,
and was vested in the Congress of the United
States over it. The relations of the Executive
of the United States, his rights and his duties in
respect to this territory, were established and
[existed under and by virtue of the Constitution
of the United States, and were by it to be ascertained,
limited, and defined. They were purely
Executive, and under the Constitution could be
neither judicial nor legislative.
At the conclusion of the war, a de facto government
existed in California. Until the interposition
of the legislative power, according to
well established principles of national law, that
de facto government continued from necessity
and to avoid anarchy, based upon the presumed
acquiescence as well of the superior legislative
body as of the people over whom it operated;
but in subordination, of course, to the Constitution
of the United States, which had become
the supremo law, and to the paramount rights
and obligations resulting from the new relations
of California as a territory of the United States.
The rights and duties of the President of the
United States, in reference to that government
and the territory, were simple and clear. They
were exclusively executive. Until the action of
the legislative power, he was bound to maintain
that de facto government, to see to the due execution
of its laws, in subordination of course to
the Constitution, and to preserve peace and
good order. Under our Constitution, all the
executive power granted is vested in the President
of the United States. Of course, then,
the governor of the de facto government was
his subordinate, exercising his powers, responsible
to his authority and instructions, and removable
at his will. No greater powers or rights
,were or could be vested in or exercised by him
than by the President under the Constitution;
and his acts, not disavowed, but either directed,
'l assented to, or approved, were the acts of the
[ President. He no more than the President, the
[ subordinate no more than the superior, could
Irightfully claim or exercise either judicial or le'gislative
functions.
Such, I submit with confidence, defined with
accuracy and precision, were the new relations
; established by the treaty of peace with Califorjnia,
the rights and duties of the United States
'and the co-ordinate departments of its govern;ment
in reference to that territory and its exist|
ing government We are now prepared for the
all-important inquiry, to which I invoke earnestly
. the grave attent ion of the House and the country:
! how far the action and policy of the past and
present Administrations conform to them?
j It is intimated, rather than directly expressed
! in the message on your table, that the course
and policy of both Administrations in this rej
spect have been similar?in effect the same; that
< of the present Administration being only in pur>
e.?.1 j 1 i:_? ?<
nuance miu juruier uevoiupimuu <>i mr unc u>
policy adopted and commenced by the last.
, This does not appear to me to be just or true,
and I feel bound so to declare. If 1 know my.
self, Mr. Speaker, I can solemnly aver that in
the view 1 take of this whole subject, and in the
animadversions which a sense of duty constrains
Ime to submit on the course and policy of the
present Administration, I am influenced by no
feelings or considerations of part}'?I have no
animosities against the present Administration to
gratify ; as my best friends know, no feeling of
bitterness or hostility, but, on the contrary sincere
respect ami kind feelings towards the President.
At this time particularly, God knows, I
would allay, not arrouse, party acerbities; and
in the South particularly, would obliterate all
distinctions between Whigs and Democrats, and
band all in cordial union and harmonious co-operation
in stedfast maintenance of our sectional
rights, and stern resistance of the wrong and
insult menaced us. Iu my view, Mr. Speaker,
the subjects of ray examination soar far above
| party. They ought to be investigated in the
highest spirit of wisdom and patriotism we can
command. They involve the gravest constitutional
inquiries, and directly affect the most essential
rights and institutions of the South.
Although a friend and supporter of the late
Administration, I do not, on that account, make
Ihe distinction I have done between its action
and that of the present Administration. Did I
believe them similar, or the same, I would no
more hesitate to condemn then than now?no
more than I hesitate decidedly to reprobate the
unwarrantable action of the late President in nfixing
his signature to the Oregon hill. Believing,
as I sincerely do, the action and policy of
be present Executive, in relation to California,
lo invole grave violations of the Constitution
gross usurpation of powers, and to be most iai
suiiouH and fatal to the rights and interests of
my section in particular, I am bound, in sheer
justice, to acquit the memory of that eminent
constitutional jurist and able President, James
K. Polk, from the imputation of originating or
sanctioning them. Not doubting the distinction
to exist, I am bound, by a yet higher consideration
of general good to exhibit it, to prevent the i
weight, influence and authority of the late Administration
from being adduced to aid as a pre- i
cedent in sustaining and establisliing an action
and policy so unconstitutional, so wrong, and so <
hostile to the cause of the South. j
So far as appears from the message and cor- i
respondents published in the papers, and which
1 have been aole to sec, the sole pretext in real- j
ity existing for the assumption that the actiou of ,
the present Administration is in pursuance and <
development of the policy of the last, is, that '
the Governor of the de facto government was the <
same individual under "both Administrations, be- :
ing appointed by the former and continued by i
the present Executive. This certainly does not
suflice. He was, at ail times, during the present
Administration, subject to its authority and instructions,
and removable by it. We must look
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 Administration
to its agent selected to go to California.?
I can onlv ask attentive consideration to it. In
it, it is distinctly recognized that California had
become a territory of the United States; that
the sovereignty over it had been ceded to, and
was vested in the sovereign States of this Confederacy?the
United State*; that the Constitution
of the United States, as fur as applicable,
extended over it as the supreme law ; that such
legislative power as, conformably to the Constitution
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,
tile de facto government existed, and would contiuuc;
that the powers of the President were
purely executive, and confined to the maintenance
of that government, the execution of the
laws, and the preservation of peace and good
order. With equal address and ability, Mr.
Buehnnnn presents to thy people of California
the privileges they may expect to derive from
becoming annexed to this great and free Confederacy,
and the brilliant prospects which may
be opened to them by hereafter becoming States
and members of so glorious a Union. He enlarges
on the advantages they may expect to
derive from the introduction of our admirable
land system, the rapid growth and developement
which awaited them under nnr fostering care
_ ? o
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 engjiges, as
the Executive was clearly entitled, to make to
Congress an earnest recommendation of early ;
and efficient legislation for the Territory. In 1
brief, he uses many arguments to reconcile the 1
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 ho avoid any invitation
to the people to take independent action
for the adoption of other forms of government
or other institutions. Ho neither assumes, nor
invites them to assume, legislative or judicial
functions ; but urges tliem to await the action of
Congress, as possessing the only legitimate authority
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 existing
laws aro in subordination to the "Constitution,
as the supreme law ; but leaves all such
matters where they rightfully belonged?to the
existing judicature. In all this, I submit, there
is much to commend, nothing to condemn.
Would that the action of the present Adminis- j
tration had been the same. I should have been
the first to approve.
After the example of the former Administration,
the present likewise sent out a special agent
(the Hon. Thomas Butler King) to California.
In a 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
iouowea irom nifl suggestions. r rum uie?e
authentic sources, I learn the action and policy
of the President, which I condemn. The gentleman
from Texas [Mr. Howard] 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 calculated
to give them effect. He inferred that (
the most material instructions might have been
given orally, and that we were to look to the j
action in California subsequent to the arrival of ,
Mr. King, to interpret them. The intimation .
of the letter certainly was indiscreet, for it placed j
the President very much at the mercy of the
agent, and confided to his mere discretion the ;
representation of any views and wishes not in- ,
consistent with his written instruction, as those (
of the President. I do not, however, consider it
either libersd or just to suppose, that iustruc- ,
tions variant from, or in material addition to,
those given in writing were imparted orally to >
Mr. King, especially as the President, by omit- |
ting to state such in reply to the call of the ,
House, impliedly repels the presumption. We ,
should take the letter and the message as the "
only authentic exposition of the instruction and (
action of the President. I confine myself to (
them, and indulge no suspicious.
I cannot read these doeuinents in full, though ^
I must ask particular attention to thein. Yet,
to avoid the possibility of injustice, 1 quote several
passages, which I intend mainly to refer
to.
In the letter to Mr. King, Mr. 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 jmssesscd
of the President's views, and can u-ith propriety
suggest to the people of California the
1/^1 />4 />/?en a liooi r?st //?u /ei /t*\ rrt to fhe>+ri
effect. These measures must, of course, originate
solely with themselves. Assure them of
the sincere desire of the. Executive of the United
Slates, to protect and defend than in the formation
of any government, republican in its character,
hereafter to be submitted to Congress, which
shall be the result of their own deliberate choice;
but let it be at the same time distinctly understood
by them that the plan of such a government
must originate with themselves, and without the
interference of the Executive.
u The laws of California and New Mexico, as
they existed at the conclusion of the treaty of
Guadalupe Hidalgo, regulating the relations of
tlie inhabitant* with each other, will necessarily
remain in force in the Territories. Their rele'
tions with the former government have been dissolved,
and new relations created between them
md the Government of the United States; but
the existing loirs, regulating the relations of the
? -y
people with each other, will cotUinue until others,
lawfully enacted, shall supersede them. Our naval
ana military commanders on these stations
will be fully instructed to co-operate with the
friends of order and good government, bq far as
their co-operation can be useful and proper."
The President in his message in avowing his
action, says:
w I did not hesitate to express to the people of
those Territories my desire that each 'Territory
should if prepared to comply with the requisitions
if the Constitution of the United States, form a
plan of a State constitution, and submit the same
to Congress with a prayer for admission into the
Union as a State; but 1 did not anticipate, suggest,
or authorize the establishment of any such
government without the assent of Congress, nor
did I authorize any Government agent or officer
to interfere with or exercise any influence or
control over the election of delegates, or over
any convention, in makiug or modifying their
domestic institutions, or any of the provisions
of their proposed constitution. On the contrary,
the instructions given by my orders were, that
all measures of domestic policy adopted by the
people of California must originate solely with
themselves; that while the Executive of the
United States was desirous to protect them in
the formation of any government, republican in
its character, to he at the proper time summitted
to Congress, yet it was tp be distinctly understood
that the plan of such a government must
at the same time be the result of their own deliberate
choice, and originate with themselves,
without the Interference of the Executive."
I add a paragraph from the despatch of the
commander of the Pacific station, to show, that
while General Riley, as governor, was comtcmr?liiHniruiinilni?
ninvAmpntii Mr Kino* jirpivpd lift
foro they had been acted on, in time to have arrested
them, and that it was a matter of congratulation
that the Administration had approved of
them by anticipation:
a The steamer Edith has been sent to Mazatlan
for the necessary intelligence, and, on her
arrival with information that no other than a
revenue law had been passed, General Riley
issued a proclamation for the election of the
necessary executive and judicial officers under
the existing laws, and recommending, ut the
same time, the election of delegates to a convention
to form a State constitution. Mr. King
arrived at the time these, proclamations were about
being issued, arid it was matter of great congratulation
that the Government, by anticipation, had
approved of the latter measure. Every means
will be used to give the people of California an
opportunity of expressing their wishes on this
point, and of bringing the matters to a happy
conclusion."
Also, a brief extract from a subsequent despatch
of the present Secretary of War to Governor
Riley, distinctly recognizing and approving
his proclamation, and the steps taken by
him to elfect an organization of a State government
:
War Department, >
August 24, 1845. ?
[extract.]
In view of the exercise of the most important
political right which appertains to the people of
California?that of forming a constitution and
asking admission into the Union of these States
?this Department Ims watched with great care
and solicitude the steps already taken to elfect
these objects. Kegartling your proclamation 01
the 3d June last, as a notice intended in part to
render popular action uniform in respect to the
desired organization into a more perfect government,
it is seen, with great satisfaction, that your
proposition had been accepted with great cheerfulness
and alacrity, except in few instances,
where it is supposed selfish and unpatriotic motives
prevailed.
*****
GEO. \V. CRAWFORD,
Secretary of War.
Brevet Brigadier Gen. Rilky, Monterey, California.
I liave italicised a few sentences to attract
more particular attention to them. In other respects,
they are transcripts strictly.
They exhibit, as I contend, Mr. Speaker, unconstitutional
action and gross usurpation, on
the part of the Executive, of both judicial and
legislative powers. Unless I greatly err in construction,
the evidence of the former will be
found in the second paragraph of the first extract
from the letter to Mr. King, and in a matter
most seriously to prejudice the just rights of
the South. It is well known to the country
that one of the gravest matters in controversy
between the North and the South, in relation to
our new acquisitions, is, how far the Mexican
laws regulating the relations of persons, continued
and availed to preclude the relation of master
and slave, after they became territories of the
United States; and whether the Constitution of
the United States, and the new relations subsisting
between such territories and this Confederacy,
composed in half of slaveholding States,
did not override and abrogate all Mexican laws
abolishing or interfering with that relation. The
South has always so contended, and deemed the
matter of the highest moment. Her most eminent
statesmen and jurists have sustained and
justified the opinion.
This very matter constituted the subject of the
memorable compromise, known by the name of
the author of these very instructions, which was
J c .1 i ?* tuu ,.??o
uev&seu ior me soie purpuw 01 ujnmi^ uirauucnLion
before the highest judicature of the land,
find after receiving the sanction of tiic Senate,
was, from peculiar causes,defeated in this House.
The nature and" import of this question must
have been fresh in mind, and fully understood by
the Secretary of State. It was emphatically a
judicial question to determine whether the laws
of Mexico regulating the relations of persons,
continued and prevailed in California, and belonged,
until the legislation of Congress afforded
appeal to the Supreme Court, appropriately and
exclusively to the jndioinry (such as it might be)
of the </e/arfo government in California. Yet
this whole question is summarily determined hy
the fiat of the Executive, " thn. he. e i.<iing lairs
regulating (he relations of (he people irilk each
other will continue, unlit others. It efuthj < nucfrd.
shall supercede fhem." There is not the slightest
reference to the possible effect of the Constitu
tion as the supreme law, or of the ri .'his vested
in tiie States of the Confederacy, of which the
instiutions of one half were directly affected, in
modifying or overruling their operation. There
is only in immediate connection?I would trust
from no sinister motive, but certainly suspiciously?a
significant intimation that the powers of .
the army and navy may be invoked irt ai.l of the
friends of order and good government: That is,
it is fairly to b** presumed, as thus understood
and prescribed by the Executive.
When the imperfect nature of the judicature
of the dt facto government is considered, mm uie
character and limited knowledge of the alcaldes
and judges (many of them Mexicans, unacquainted
with our institntioiiH, and accustomed to vield
implicit deference to the Executive will) arc
reflected on, is it not apparent of what controlling
weight and dangerous tendency must have been
this unqualified opinion of the President I It
cast his whole weight against the rights of the
slaveholder, and effectually settled, during the
existences of the dc facto government, this purely
judicial controversy, against us and our cause.*
I shall have occaaion to refer to the effect of this
again. For the present, I pass on.
1 come, now, Mr. Speaker, to the main feature
of unconstitutional iiHurpation in the action of
the Executive. It is clear that the Administration
desired, and expressed to the people of
California the desire, that they should proceed to
forin a State constitution, and establish a Shite
government, preparatory to asking admission !
into the Union. It authorized its agent, fully
informed of its views, ut<> suggest the Sdoption of
measures best calculated to guv them effect."
The Executive did not merely tolerate or
connive ut the action of the people. It invited
and recommended it. Through its subordinate,
the Governor, it determined the time of acting
?of election in effect?the qualifications of
electors, and all the necessary details for the assembling
of the convention. It is true, the President
manifests solicitude, that the people, when
thus assembled in convention, should be entirely
free in the format ion of the plan of their new
government, in the adoption of their constitution,
and the establishment of their domestic institutions.
Ho likewise lias all the time refer
ence to their intended prayer tor admission into
the Union, and to the necessity of the supposed
assent of Congress thereto. With .attrunge inconsistency
and confusion of ideas, the Administration
seems to think itself entirely innocent
nnd exempt from all charge of Executive interference,
provided only it left the convention free
in action, notwithstanding it directly incited and
recommended all the preliminary movements,
determined upon qualifications, nnd all other the
most important details. It did not interfere
when it directly invited subversion of the existing
de facto government!?the formation of a
wholly new and different government, and the
adoption of a constitution, a permanent organic
law ! It seems to consider, too, that, as the assent
of Congress is necessary, and to be applied
for previous to admission, its knowledge, assent,
or upproval, may be dispensed with as to
all preliminary proceedings of whatever character,
and however vital. There are a strange
perversity and unsoundness of view in all this.
The mere invitation or recommendation of
action to the people, and his subsequent connivance,
at all the ulterior movements, may seem
to the superficial observer a very small matter.
The first false step here, as in morals, entails a
succession?evils perhaps not dreamt of. A very
small seed apparently, it has been prolific. It
has grown, and branched, and ripened, until numberless
mischiefs are its fruits. The Administration
has wholly transcended its simple executive
functions. It has incited and aided to overthrow
the de. facto government, it was hound to maintain,
and to supersede all laws it was bound to
enforce. It has trenched upon and assumed high
legislative powers, the exclusive functions of
Congress, its co-ordinate department under the
Constitution. What more clearly a matter of
J?I.* i *1-1.: J* x! xi 4? j .4. :
UU1JCUU5 ll*glSI!iUVi3 UiekTt LlUil U1UII tU UUMTIIJIUC
the proper time and mode of establishing first a
Territorial Government, and subsequently the
more advanced state of development and maturity
which would justify the erection of a territory
into a State! What a graver function of legislative
power than to determine the people who
shall form a separate political community, the
portion of that people who shall enjoy the rights
of citizenship, the qualifications of the elective
franchise, and the circumstances under which it
shall be exercised! What a more solemn occasion
tor the exercise of legislative deliberation
than to determine on the propriety of calling a
heterogeneous people to assemble in convention
for a radical change of government, and the establishment
of organic law that may bo perpetual
! Even the details for the assembling of such
a body?are they not all clearly for lesislafive
regulation? Yet the determination of all these
grave matters, the assumption of all these high
powers have been taken on itself by the present
Administration, and are directly involved in its
action.
Even more, sir. If this action of the Executive
be tolerated or sustained, it involves the
devesting and stripping the States of this Confederacy
without their concurrence, it may be
against their will, of their entire sovereignty and
rights of eminent domain over this whole 'territory
of California. They are all transferred and
vested in this new State of California, which,
with enormous proportions, has sprung into
vigorous existence under thedexterous accouche-1
merit of Executive Hkill?and this, too, while
yet those very States are saddled with the necessity
of paying many millions for the rights thus
summarily devested.
This action of the Executive, unless annulled,
not only has involved the exercise of the high
legislative powers I have referred to, hut likewise
the abrogation of thero in Congress, and
its utter inability rightfully to exercise them in
respect to California. Tts action has been entirely
anticipated and frustrated. Congress cannot
exercise such powers as, in subordination to
the Constitution, the principles of our institutions,
and the rights ot the States, it unquestionably
had. It cannot propose a territorial government
: it cannot prescribe boundaries, carve
out new territorial communities ; it cannot watch
over?rear, under its supervision, infant communities
into maturity?prescribe the character
of their citizens, determine the period of their
adequate development and preparation for the
high privilege of sovereign States?nay, cannot
even (except with the consent of the State of
California) assert the rights of these United
States to the proprietorship of the public lands
therein, and make needful rules and regulations
for their disposition, as directly prescribed 011
Congress by the Constitution.
Sir, the entire relation of California to the United
Slates has been changed. It is no longer a
Territory of the United States, but a State clothed
with all sovereign attributes, and demanding admission,
as an equal, into this noble confederacy
of sovereignties. Under the sole tutelage of the
Executive, upon his mere invitation, and by his
connivance, the sovereignty of the United States
has been abrogated, territorial dependence renounced,
and the attitude of independence and
sovereignty assumed. Is not this so? Has not
California at this time a constitution and laws, an
Executive, Legislature, Judiciary?all the machinery,
the powers, and the attributes of a
To illustrate the tendencies of this message,
?1 .i .i u.. A...
iiuu uic imiiinci ill wuitii uicy tuc vicwcu uv uic
Free Soil supporters of the Administration, I subjoin
two extracts from the N. Y. Tribune, one of
the ablest as well ns the most extensively circulated
journals of the North. In reference to the recommendations
of the message, it says :
" We are resigned to see the Wilmot Proviso
again and again rejected by Congress, provided
the territories are nevertheless preserved from the
pollution of slavery. It is the substance we ertre
for, and not the shadow. If Gen. Taylor throws
the intluence of his name and station in favor of
the admission of the State of California with hrr
present Constitution, and the protection of New j
Mexico against the efforts of Texas to subject and
enslave hrr, he is jxrartically on the right side, no I
matter what he may feel constrained to say in fti- j
vor of non-intervention nnd against the proviso.
We shall thank him for his deeds, and let those
who choose place emphasis on his words."
And in relation to the clause of Mr. Clayton's
instructions relative to the operation of the Mexican
laws, it exultipgly exclaims :
"Enough said ! That is the very proposition which
the friends of Freedom in Congress would have been
satitfied with last winter, but which the Slavdcracy
and their Dickinsons would not consent to ;
wherefore they would not let California be organized
at all. It is plain, unequivocal law, but the
Calhouns and GLuitmans do not the less stoutly
repudiate it, and insist that the Federal Constitution
carries slavery, mr the right to introduce and
maintain slavery, into every acre of territory acquired
by the Union."
seperate sovereign Stale? Has she not already
exercised the highest functions of a State? She
has sent Atrwaru her prayer for admission as a
State, and we daily expeci her knock ai our door.
She has elected members of Congress?nay, Senators.
Can a Territory elect Senators, or be admitted
to this Union ? The Constitution any a States,
States only. But, as has been justly remarked,
" if the Constitution were silent, he would be
ignorant indeed of the character of our political
system who did not see that State?sovereign,
independent communities?and not Territories,
can only be admitted. Ours is a Union of Stolen
?a Federal Republic." Each State comes into
a noble fVaternity of equal sovereignties, in every
respect a coequal. She pledges to the great constitutional
compact a faith which should be ever
sacred. Such act implies option, and requires freedom
from territorial subordination, and independence
of action. A State that is free to come in
is likewise at liberty to stay out. The privileges
of the Union must be the inducement to admission.
A State cannot be coerced into this Union. That
would be utterly at war with the whole character
of our system, and would destroy the very basis
of the constitutional compact?the asslnt of the
States as parties. This exactly constituted the
great vantage ground of Missouri on U?f memorable
application for admission. Under the authority,
and with the assent of Congress, the people
of a previously-constituted Territory had met in
convention, naopted a constitution, and formed a
State. If Congress refused to admit her, she
would no longer be a Territory of the Union, but
an independent state out or u. It Uongress imposed
conditions, as was at one time designed,
which her people were resolved not to receive, she
was free to refuse thein, and to prefer independence
out of the Union to entrance on such terms.
Congress was constrained to elect between her total
loss and seperate sovereignty, and her admission
011 terms she would accept. Rightfully Congress
could do no more. It could not remand her into a
territorial condition, for it had given assent to,
and authorized the formation of a State government.
We are now prepared to appreciate the results
of the unconstitutional action of the Executive, in
inviting California to the formation of a State government,
with a view to admission. In what a
different position for legislation is Congress placed, j
when, instead of a territory, in confessed subordination,
under a mere de Jhcto government, liable
to be at its pleasure remodeled or annulled, it finds
a State, witli all the features and attributes of sovereignty,
applying for admission. It was a capital
blunder, to say the least of it, in the Administration
to suppose, that because admission was referred
to the future assent of Congress, all the previous
action which it invited and encouraged
would be justified and innocuous. Congress is
necessarily by it involved in the gravest embarrassment
and difficulty. We of the Federal Legislature
are in a strait between the admission of
California, just as she is, a State, with all her
great proportions, and thereby impliedly giving
our nsseut and ratification to the gross violations of
the Constitution and usurpations of power which
have marked the whole action of the Executive
and people Diere ; or, to annul the whole proceeding,
and remand California again to her rightful
position of territorial subordination. To undo a
thing done is always difficult, and widely different
from permitting it to be done. To dethrone California
from its assumed sovereignty, to annul its
Constitution and strip all its functionaries of their
high powers, to set aside the whole unconstitutional
usurpation and revolutionary proceedings,
and restore her to her rightful position of dependence,
are very grave acts. She may ref\ise to
submit, and there will be imminent danger of collision
and defiance, resulting in war, or perpetual
separation. Should we even attempt to correct
some of the most glaring evils of her action?such,
for instance, ns ncr extravagant pretensions to
limits?by imposing conditions on her admission,
we hereby recognize and treat with her as a State.
We impliedly ratify the usurpationsund unconstitutional
action of the Executive, and legalize the
unwarrantable revolutionary proceedings of her
people. Once thus recognized, she may refuse acceptance
of your conditions, withdraw her application
for admision, and stand nlone an independent
State, the greatest on the Pacific coast. In
that contingency; having given assent to her position
as a State, we could not rightfully coerce ner
into the Union, or to subjection.
Emlitfrrassing and difficult as is the position in
which the unauthorized action of the Executive
has placet! us, our duty, Mr. Speaker, seems to
me plain. IVc ought at once to remand California
to her rightful position of tcritorial denendaner. We
ought to annul or greatly modify tne unconstitutional
and revolutionary proceedings which her
people have taken under the invitation and encouragement
of the Executive. As Representatives
of the States of this Confedracy, we can
never tolerate, without their previous consent, the
divesting of the sovereignity and rights of eminent
domain ceded to and invested in them. As a co-ordinaie
department of this government, Congress
should never suffer or sanction the engrossment
by the Executive, and the abnegation to itself, of
the high legislative functions which, in subordination
to the Constitution and the rights of the
States, pertained exclusively to it over this Territory
of the Union. It can never endure that the
delicate and all-important discretion of determining
when the people of u Territory have passed a preparatory
pupilage, and attained a growth and ma
luruy uenmnga sovereign oinie arm u mcmurrin
this Confederacy; who shall constitute such people
and enjoy the elective franchise in the prime
measure of devising and establishing their organic
law; within what limits theyBhall act and be conlined;
and, in brief, of deciding all the important
preliminaries to the call and assembling of a convention
to form a constitution and adopt a State
government,?should benssumed and exercised by
the Executive alone. We are under the highest
obligations to rebuke and condemn the unwarrantable
dereliction of the Executive in the discharge
of his executive duties, in inviting and conniving
at the subversion of the existing de facto government
he was bound to maintain, in the substitution
and relinquishment to another radically different,
of all its functions and powers. The
highest necessity would hardly have justified such
action. Such, I submit, there certainly was not.
What the President himself says in relation to
New Mexico at this time, would, I insist, have
applied with equal force to California under its de
facto government. He says :
" The people of this Territory (New Mexico)
enjoy the benefit and protection of their municipal
laws, originally derived from Mexico, and
have a military force stationed there to protect
them from the Indians. It is undoubtedly true that
the property, lives, liberties, and religion if the people
ajWevj Mexico, are belter protected than they ever
were before the treaty of cession."
Inconveniences, doubtless, were experienced
from the imperfect nature and undefined powers
of the de facto government; but the correction of
them belonged exclusively to Congress.
What makes the action of the Executive in this
matter the more extraordinary and unjustifiable is,
that its invitation to and connivance at the establishment
of n State government, and of the steps
taken for the admission of California as a State,
were directly in the teeth of the recent action of
Congress. By whatever unhappy divisions influenced,
it was undoubtedly true, that at the last
Rrsniun vwn^icBo imu uiicv,HJ iciunuu iu nuuivrruc
such measures, or to admit California as a State.
A bill for the latter purpose, my colleague before
ine [Judge BayltJ interrupts me to say, was introduced
into this House, and did not receive a
a single vote! Now, it is to be endured, that
I what Congress denies, the President shall praeti|
rally grant?'?when Congrees determines a Territory
not prepared for admission, the Executive
shall decide it to be, and originate measures to induce
und almost enforce sucdi admission ?
We are further bound, Mr. Speaker, to remand
California, to rebuke a bad, rtry bad, precedent,
and a most unwarrantable assumption both of
powers and extent of limits by her people. Their
proceedings have been, in my opinion, revolutionary
and disorganizing, of dangerous tendency, as
well as practically mischievous. I wish, sir, I had
tunc to enter here into a full exposition of this
point, for upon it, in our country, the most vague
and erroneous opinions are but too prevalent. It
would, however, consume nty entire hour. I can
only glance at it. I hold an existing government,
even a dc facto one, ran only legitimately lie sub
verted and substituted by another through the ?ntervention
or on the invitation of the legislative power.
A convention of the people, to establish organic
law, caii only, conformably to the principles of
civil government, be summoned by late. If otherwise,
it is revolutionary and disorganizing, and
may if necessary be suppressed by the strong
hand. Mark, I do not any it would be morally
wrong. I recognize the right of revolution, and
the cause of revolutionists is often that of honor
and justice.
But in such action there can be do pretence of
legality or regular constitutional procedure. Sir,
the people of California, if oppressed, if even
from the neglect of Congress to exercise its authority
over litem, so aggrieved and injured as to find
their condition intolerable, might have been morally
justified in dissolving the bondB that united
them as n people of a territory to us, in subverting
the existing government and setting up an independent
State for itself. But that, sir, would
have been revolution?an appeal to the tribunal of
the world and to the God nt battles. Such was
not their state, nor was such their contemplation.
Yet, sir, of that character has been their action.
Their convention was summoned, wns regulated
j by no legislation. Who constituted the people to
I assemble, and within whnt limits they resided and
were i? exercise jurisdiction, were 1101 asceriaineu
or defined hy law. The right of sovereignty inherent
in the people, of which we hear so much,
can only pertain to a previously existing, an organized
or recognized political community; nor
to unconnected masses, casual sojourners, to
hordes of roaming, unsettled adventurers and gold
seekers.
I mean, Mr. Speaker, no disrespect or disparagement
of the population of California. I have
among them a few friends, to whom, in their furoff
wanderings, my sympathies strongly cling,and
whose qunlities or heart and head command my
esteem and admiration. There is, too, a proportion
in that population of American citizens, trained
under our institutions and prepared for freedom
and self-government, and to their example and
influence is doubtless to he ascribed the prevalence
of good order and the very curious observance
of forms and practices common under the
legitimate workings of our system, in the niidst of
the radical illegality and essentially revolutionary
proceedings which have marked the recent course
of the people.
But it is not to be denied that the population of
California is of the most heterogeneous composition?Mexicans,
Indians, Chinese, Otaheiteans,
adventurers, and gold hunters from all the nations
of the earth?of every language, complexion, and
race. A very large proportion of them are mere
sojourners, adventurers, lind wny-farers, roaming
over a wild, uninhabited expanse in quest of
treasure with which to return to their countries
and their homes. The great majority have no
ties to the country, no families nor settlements,
and are literally tenants hy sufferance, if not trespassers
on the domain of the United Slates. The
right of such a population, without any previous
recognition and organization, into a separate political
community, to sovereignty, and inherent
power, over and without the authority of Congress
to establish a State government, can surely
not be gravely maintained by any. Yet that very
people, on mere Executive invitation, have assumed
and practically exercised such high prerogative
and have attempted to stamp fundamental,
organic law 011 thousands of miles of waste, uninhabited
country. Sir, the limits these people
assume, and which now constitutes this new State
ot California, cover aome nine degress of latitude,
running diagonally, too; embrace the whole Pacific
coast of our new acquisitions, with all its valuable
harbors, an extent as great as from New
Brunswick to North Carolina, and include an ex
panse of wild, unsettled territory equal to some
five or six Stutes of our Union. Anil is all this
to be usurped and held by some fifty or one hundred
thousand people, without the previous authority
of Congress or consent of the States, at the
invitation and under the encouragement of the
Executive alone? It is not to be tolerated, and at
whatever hazards California ought to be remanded
to territorial subordination.
With its performances and their results, however
startling, the Administration seem well satisfied.
The strangest feature of the message is the
earnest recommendation to Congress to ullow the
Executive a similar course of action and policy in
reference to all the residue of our vast acquisitions
frotn Mexico, and to witness with acquiescence
the repetition in indefinite series of sucn unconstitutional
usurpations and cncrouchments on
its own powers and the rights of the States. It is
gravely proposed that the whole of the vast expanse
of country, except California, acquired
from Mexico, should be left entirely to Executive
action, to be settled?the people gathered into
separate communities, grown up under the tutelage
of the President, until they attain the growth
and maturity befitting States of the Union?then
at his discretion, and as often as lie may deem expedient,
to be invited and encouraged to assemble
in conventions?to form constitutions and organic
law, to fix limits, to assume all the attributes and
functions of a sovereign State, ready for admission
into the Union?all without the action of Congress
or the regulation if a single law. Was there
ever such a conception of statesmanship ? To me
it seems like the crude fantasy of a crazed brain,
rather than the grave recommendation of reflection
and wisdom. Sir, the proposition is as farcical
as it is preposterous : a troublesome family of
infant communities the President would have 011
his hands, to be sure!?rare brawling and quarreling,
with now and then a very pretty fight, doubtless!
New Mexico would be ambitious .enough
i to,cope with Texas, right away ; Deseret and California
are already at loggt , beads about limits; und
as to the innumerable Tittle communities that may
be expected to spring up unitd the valleys of the
Rocky Mountains, and the oases of the Great
Basin, they would succeed in their struggles to
the tenacity and fierceness of the grizzly bears
they expel. Sir, frequent and wise legislation
will be absolutely requisite for the due management
and settlement of these distant Territories,
and you must have volumes of laws insleud
of ?one.
Besides, Mr. Speaker, how utterly inconsistent
with all the wise limitations of our Constitution,
and the jealous vigilance of Executive power
we have been always enjoined to entertain, to
allow such an accumulation of extraordinary
powers in the hands of the Executive, and for
such indefinite period of continuance. Hole supervisor,
legislator, and executive of such vast
and remote regions, in what would his position
differ from that of a monarch governing by
satrape or proconsuls, under the name of* governors
and bearers of despatches ? A more pregnant
fact, a more striking illustration, to show
the bitterness and intensity of the seclionnl issues
that now distract the councils of the country, and
merge all things else, could not be afforded, than
the mere recommendation of such a scheme of
policy in relation to the new territories. Arid but
for the vile anti-slavery agitation, f venture to assert
it would never, for a moment, receive advocacy
or countenance on this floor.
Hitherto I have, Mr. Speaker, considered the
action and policy of the Executive without reference
in the main to this subject; but I should fnil
of my highest duty, if I did not expose and denounce
their disastrous consequences to the rights
and honor of the South. In this respect they are
most of nil obnoxious to me. I consider them
most insidious and dangerous; that they have al
ready mnicicu ?reni wrong, auu mm rautcu uui,
an recommended, they would filch from the States
of the South all chance of participation in the
new acquisitions, and eflectually exclude all slaveholders
with their property.
By that action and policy, unless repudiated, we
have been already excluded from the wide expanse
of California and the whole Pacific coast.
All sensible men know that, in relation to California,
the agitation and threat of the Wilmot Proviso
has been very nearly tantamount to its enforcement
for our exclusion. Slaves are in the nature
of capital, which is proverbially timid, and could
not be earned in while there was the impending
, threat and danger of compulsory abolition. The
administration, although not responsible lor, knew
this, and it should have operated at least to delay
their action. Just when the determined stand of
many of the Southern Stales in assertion of their
rights might have encouraged their citizens in reliance
on their protection to venture into the territory
with their slaves, the Administration thought
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proper to determine the matter against them by
usurping the judicial Amotion, and announcing
positively that lite Mexican laws regulating the
relations of persons were in force and must be executed.
This must have operated continued and
effectual exclusion. Then at a time, when both
from previous causes and the avowed interpretation
of the Executive as to the operation of the
Mexican laws?from the character of the existing
population and the exclusion of Southern men with
their property?it was certain the decision of the
people woulu be against th? recognition of the domestic
institutions of the South, the Executive,
usithont mnntitutional authority, in the face of the
direct refusal of Congress to do the same thing,
invited the heterogeneous population to assemble
in convention to establish its organic law. At this
very time, too, the Administration or its agents
knew?for it was openly urged in the California
papers?that in forming their constitution, the people
would be under the strongest moral suasion to
exclude slavery, from the consideration that otherwise,
in their intended application for admission,
they would encounter the resolute hostility of the
whole North. The result was of course as anticipated,
and in the constitution was incorporated
a clause prohibiting slavery. Surely no proper
time had Wen allowed for the immigration of aureus
from the slnveholding States?no opportunity
had been afforded by legislation, for the appeal
which the Constitution of the United States given
in certain cases to the Supreme Court, by wnich
the operation and effect of the Mexican laws
might have been judicially determined. Such a
decision, if hereufttr attainable, would, though
favorable to the South, he or no possioie avail,
tune, that the constitution of the State prohibits
slavery.
All this wrought gross wrong and injustice to
the Southern States?the joint sovereigns of the
whole territory. JNor was it confined to a narrow
space, or to the country actually settled or even
roamed over; but the strange medley of all kindreds
and tongues and people, constituting the
limited and motley population, were allowed to
stamp hundreds of miles never trodden by the
foot of the white man with an organic law which
forever excluded the citizens of the Southern
States with their Rlave property. All this was
done at the invitation and with the encouragement
of the Executive. How idle for him now
to soothe us by the assurance, that after California
shall have been admitted, Iter people cannot
be prevented from changing their constitution at
any time and establishing our domestic institutions!
What chance, when the property of the
South is not admitted, and our citizens without
it are practically, as we know, excluded fVom settling,
to establish an interest or a feeling which
alone could induce such change. It would be besotted
folly to expect such result.
Another result of injustice and wrong to the
South from this action of the Executive, was in
precluding us from our legitimate influence in
Congress in determining the time when the people
of that territory should be free to elect in regard
to our institutions, and from the great power we
wielded, by resisting all legislation for Uub territory,
to compel fair participation on our part, or
a righteous adjustment of the whole question. In
the Senate, the South is still potent, and even in.
this body we are not yet powerless. By delnying
the period for the formation of a State government
in California, all the chances of time were secured,
and at least a probability afforded that our citizens
might go in with their property in such num
hers as to make our interest paramount. At so
early a date after the acquisition, when the original
Mexican and foreign population constituted the
majority of the population, this could not reasonably
be expected. But the discovery of the wonderful
mines and the consequent amazing enhancement
of the value of labor in California, increased
daily the likelihood that slaves would be needed
and introduced in numbers sufficient to determine
the choice of the people as to their institutions.?
l?rorn realizing mis strong probability, we are
effectually precluded by the State constitution of
California.
Our power of coercing settlement, by resisting
the establishment of civil government 111 California,
is effectually cut off. That has been done in
despite of us through the action of the Executive.
A great means of-compelling the attention of the
Union to our claims is thus lost to us. A most potent
lever for satisfactory adjustment, which ut
the past session of Congress moved so many to
the support-of Walker's amendment, has been
snatched from our hands. It may be asked, have
we not a similar one in the ability to refuse admission?
By no mcHDH so satisfactory or effective
a one, because they enjoy a civil government, and
by their constitution we are just as effectually excluded
previous to as after admission.
In consequence of the action of the Executive,
the alleged choice of the people of California is
invoked against us?a snap judgment has been
laKeu, ana now it is pieaueu in our. vjur pretensions
even to the whole of the vast territory of
Californiu nre alleged to be debarred. In weighing
considerations for equitable adjustment or
division between the North and the South, it may
be insisted that the vast expanse of California is
lout ground, and no longer even a make-weight in
the scnle. Such has been the wrong and ouster of
the South under this Executive usurpation.
In full view and with fresh experience of these
disastrous results to the cause of the South, we
are seriously urged, Mr. Speaker, in the message
on your table, to endure unnumbered repetitions
of them. The Rame action and course of policy
are recommended to be acquiesced in, with regard
to all the other immense acquisitions from Mexico.
What could be more insidious and fatal to
the just claims of the South ? The Bame subtle
process that, against the will of every State in the
South, has practically precluded us from all participation
in California, would as inevitably work
our perpetual exclusion from all the other Territories.
The Mexican Inws are equally applicable
to all the country, unsettled as well as settled,
regulating the relations of persons. There is to
be no Federal legislation, and no provision, consequently,
even tor appeals, to test before the Supreme
Court the effect of those laws for the abolition
of slavery.
Slaveholders and slaves are thus effectually to
be kept out. By a population thus naturally hostile
to our institutions, as fast as a petty nucleus
of emigrants or adventurers can be obtained, constitutions
are to be formed, stamping on vast circuits
around the perpetual exclusion of organic
law. Thus are the rights of the slaveholding
States to fair participation ill the vast acquisitions
so largely won by their valor, and paid for by their
treasure, to be by stealth and indirection forever
filched away. Sir, we should be a* inevitably
excluded, as if under the prohibition of the most
express law, or fenced off oy a cordon of bristling
bavonets.
To contentment under such wrongs, we of the
South sre to be soothed by the evasion, forsooth !
of the Wilmot Proviso. Why, that is but exclusion
by law, and how differs it that we should be
as inevitably excluded witkotlt Inc. This scheme
of policy is worse than the Wilmot Proviso. That
is, indeed, sheer robbery, hut it is at least open
and lengnlized with the forms of law. This effects
the same foul wrong by indirection and cheatery,
adding insult to our understandings, and mockery
oi our iiopen, vv e 01 ine aoutn, ivir. apenKer,
arc not struggling against a name, nor are we to
be deluded by shadows. We are claiming a substance
and a reality. We demand fair participation
in our common acquiaitions, or at least equal
opportunity of enjoying (hem. I know some think
the nature of theae countries and the necessities
of their clime nnd productions must exclude slavery.
So do not I. In all new countries where
labor is dear and domestic servants particularly
are not to be obtained, if law nllows, the conveniences
and desires of men will, in my opinion,
demand slaves. In mining operations they would
confessedly be most valuable; and at this very moment,
did the South enjoy her rights, her whole
slave property would already have felt the appreciation
of a large demand for emigration to California.
Be this, however, as it mav, our honor
and equality in this Union will not allow the degration
of express brohibition, or practical exclusion
from the privilege of participation.
The grounds on which this nolicy of the Ex'
ecutive is commended to our favor, seem to me
wholly untenable. The main one, as I understand
it, is to allay the antf-slavery agitation and
prevent sectional issues. With the present evident
purpose of the North to insist on the e*iti
.it toad) Kdt bifamft t