The New York herald. [volume], January 22, 1850, Image 2

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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NEW YORK HFJllAI.t). j
ortnwMit corner of TulV ^ mncl
JABK8 UORO ^ R B KHNBST.
i-KoraiKT' jR ANU gjxro*
ahim >unT3TU|8 r.v*wi>o.
BOWERY TDF^yje iJi>w#r?> ?WAWuemiiu J?w?Cea- i
Binllr.
BH0.Ary<riY TBBATBB, bra?Jw??? Sen-ot, ron Scan- !
OrTHK 1.AKK ? 1*AI.IAN Bc'kllia.
">CXTON'? TflBATB*. Chamber* meet?Snaiovs Family?
Pook Ci'Tttnu.
NATIONAL I'URaTRE, Chatham equare?Tiik PtOri-e'i
La VI *e- f??A! I Cl'AUr ? l'HAMUll UlKAktAtl.
OLYUPIC rilKATKK, Uro?4w?y- 3 >i i i>k a Divohti#
? Oil IsiCirvAtDllkTK fUNr-lAtklkO BiCHIUk.
CHRIST i. *S?Eth.opiax U i it it r i l*t.
AMiERlOA&i ilStl'k- A.-ii'ii'.u JftaroimAecet, ArTniooi
asp
ttEI.OPHO'Ji - Whit> ' Si.it > vAt'CKf.
Nim York, 1 iwmtay , .Ittimnry : !'!, 1S50.
Il.t Until (I Couini rclul 3lr*ui Ma'
ne, Mlid I lie Secretary or Hie Kavjr.
Vc reAmd, a A w dujs ?inc-e to that part ot th<*
m? i f Mr. I rn-ton, .Secretary of the Navy, tti
whiih h>-11 couitiieuda that hereafter all ateaniships
toti-laird for government purpurea should be con
Mil 11 d under the direction of the government, ut
their own navy yardn. We promised to give our
readers st me more light ou the subject in a little
while. Since then, we have the best reason for
km w ir? ihat our remarks on the absurdity of Air.
IV? ton's proposition cud recommendation are
respond* d to by the whole community, and that no
such plan is he proposes can ever be successfully
?t?'i tid. Mr. Preston's weakness and incotnpetercy
for the office which lie holds nre apparent,
when we take up his proposition, and then refer
to ti e w oy in v hicli government steamsnips have
been built by the povert tut nt, nd compare th in
when completed wv h at? .tniships that have been
e us; i acted under tl new system, which he wishes
to eboiish, ad will in point of usefulness as expense,
us we shall show conclusively by and by.
When the practicability of navigating the ocean
by sin m we.g successfully demonstrated, it became
appan nt that such a new and powerful element
would be tuk? n advantage of by all maritime
Dut'one, :.? w-ell for commereial as far naval purpo'is.
Accordingly, the British mercantile public
iirmcniatiljr entered upon the en'erprise in
l.v>7,tiid (cnstruried several strain-hips, which
pi ed regularly for a year or two between Logland
at d the United States, iiut it was found that
without government assist nee the undertaking
could not succeed in its infancy, and accordingly
the government ofthat country, with characteristic
liberality in all 111 itte.? concerning their commercial
and naval interests, entered into contracts for the
transport.itu n of the n..i la to different parts of the
wotld; and, fr< m that time to the present, the sune
system has bi< n adopted, until now the British
possess a formidable fleet of ocean steamships,
ir?vi rsinc every si a, and capable, in n few days,
notice, of being converted into vessels of war.
'1 be union it government assistance with comno
rcinl enterprise, in that country, was. therefore,
eminently sucossful. After n great deal of disi
itssii n Mtiil inquiry, in which Certain Browned, of
the navy, took an ifiu ient patt, the same system
was i doptsd by the Uuited Stales, under the
sanction i t Congress A contract was made with
certain parties in New York, lor carry ing the until
to Bremen and rv>uthatnpton, and, in accordance
ther? with, the etesni-hip* Washington unJ Her.
niann wire construct! d. Although these were
the tiift commercial steamships that were built in
ih:s country, they w ere on the whole very creJitahie
to th? Uuitid StHteg; and if they were not as
pet feet lu tvery respect h s the Kngli-h steamers
were, tliey rncourapr* d the hoi?e that in a little time,
and under the system which called them into existence,
the Uiutid Sutra w oUi?J ? ?. n improve g.
uu'il w e should hate a fleet of stfam-htps, e?|ual,
if not superior, to any in the world, available at
any n.oment for the bmv*I service of the country, in
case any emergency should occur that would render
their use in that capacity necessary. Additional
contracts have been made under this system,
in yum'8"" of which we have splendid mail
strani.'hips traversing both the Atlantic and Pacific
oceans, the Gull of Mexico, and other seas: and a
new line for Iduropeun service is being constructed
by Mr. K. K. Collins, of this city, which, when
finished, will compare favorably with steam-hips of
any other nation.
Up to this time, therefore, the respective govern,
menu of the 1 nitrd States and Great liritain have
fosten d the sj -rem to which we have referred, by
uniting their assistance with commercial enterptise,
with the best results, in each, to its nava]
powe r i.nd commercial interests. Hut the present
Seuetiry of the Navy, at Washington, Mr.
Prratvn, has not n mind comprehensive enough
to unbrace this great subject; and, to the
astonishment of the whole country, he announced,
in bis recent report, that he was oppaired
to any further union of public and private
n.i er e in the construetion of ocean steamships.
This blundering Secretary gives it as his opinion,
that became we have n?vy yards, and docks, and
maclunriy shops, and so forth, belonging lo the
government, therefore it would be better for ihe
gov ri ment to ittuin to the old system, end build
Us ow n ste nmebipa It nev?r occurred to hun? or
he nevir knew, per ha pes?that all the ?Hurts of the
government to build vesse ls ol this description j
have ? cded id 10 th'i'g but e xp rite anJdis^rice to |
the country. Look at the war steamers Missouri
i no Mississippi, w hich were built by the govern km,
and compare them with the Wa'hiug'on and
lit rmaon, hui't by private persons, and capable of
being c? verted into vessels of war at a very triflii
p expense, and at a few days' notice. We shall
give the comparative cost of each, and the comparative
uiefuliina of each, ?nd show the utter iguoraii'c,
imbeci ity, and ve iknsaa?if not worse ?
of Mr. Ties! a, n advocating a return to the o:d
i] ?t? ni.
tcv-lrf its t S stsam ft'gvte Vleemrt,
Ivlts <hs Prrx tllia Na?y V aril in ths
j.?i# isst ,i 41. a>iiptet#?m isti Toisi
ro-t o -tip. tJltlTS 40
Cost of L. H will tbsxnt W s fcierl .n.
pis! is siie ?oil PIM gib snU In stl ah?r
hifMtf, built in V s.i slh snJ 14 Jay#.. 2't 0)9 00
Ibe V. ssk'neteo east I- *?t baa the Mb start ftu 1*9 49
The ITcirni hp, wb.r k is larger lhan either, cost
traction over i ' 0, Id. It costs about f:V),n at
im ie lor one of these steamers, in accormn >da*
tb i a i nd Mi niture fcr passenger*, than it would if
lis. t o . r. Itklar.ilsij fa. Ko rti Ts'lv Vtbe* VI lit tflTuP
1ho V i., i tin wa* inlTidt d a* a sea ateamer, to
crctaiU Atlantic by attain, to carry her arnii- ,
m> at. men. fuel, nud, if necessary, to act a*
a U*nr|?rt, and accommodate two regiment* of
*o!du r? Thi? *? what she wu to be able to do.
She old en ?,'he Atlantic, to lie Mire, but ahe took (
about twenty d*>* todn |a, with the hid of Mil*,
uotleng able to carry fuel enough. She could .
not ca?ry ail her armament - ahe could hardly find '
room to berth h< r cr< w, 2 - > men, aad could not, of
c< ?r e, take the tw o regum-nta aa a tran*port.
Wafl.uifcton.cf the *..nie eiae,ka*hid S90
paa?< rgei?, f-2 men and uAkeia, .VK) tuna of fre Kht,
andean, d fuel?hating, aa rhe fi? |uen<ly do. a,
fiom 2( 0 to # 0 ton* of coal on board on her arrival.
She ha* made the ah"rte*t passage yn
from New Yotk to Knuland. She hta nm over
Ki.OOO mtlea *tnce ahe commenced, without a
general overhauling. The hliaaoun was burnt after
making a passage acreet the Atlantic ; bat the
Mirti**i|>f i wag more fortun .te. What lit* been
her performance ! After a |>a?*tga to the titjlf of
Meiico, the returned for rejair*. Again, the
fahn, bu.lt at Waehington Navy Yard, of about
1,000 tor*, ccat more than the Wathiogton of 2,()iK>,
and her petlorniancea were even lea* satisfactory
than those of either the Miaaouri or Mtt*ia<>ij>pt.
She cauld not ateam eighteen days without requiring
new boiler* The iron and other ateamtia
built under the direction of, and fur the Tr?a?
sury department, at a cost of about five millions of
dollars, have been, it is believed, a total failure,
even ub revenue cutters, and have been turned over
to the coast survey.
(Tarry these comparisons a little further, and
tukc our fiue Kiver and Sound boats, the finest in
the world. What is their |>erformjnce, compered
with the Washington and Hermann? They run,
during the e ason, about 23,!hi0 miles, before they
have a general overhauling, in doing which they
are at the docks from 12 10 IS hours out of each '24,
giving time for the machinery to cool and rest (for
tt requires rest,) also giving tune to adjubt anything
lhat may be wrong Then, we have, under these
circumstant es,25,000 against85,000 miles, the Herniaiiii
and Washing ton steaming fourteen successive
days without stopping ; the others not halt as
many hours. With these facts before us, tn; public
und the couutry can judge which nre the failures?those
ships built by the government at their
yards, at more than double the cost of the others,
or those that have been built as mail steamers, under
contract at private yards, under the superintend!
nee of ail c fiicer of the navy.'
T . ? no ?? ctfio fn ft !?* r It i U liV fVlP
a- t? ""F " ? ? - "j ?
whole world that our packet ships, in point of
strength, speed, and beauty, surpass any ships in
i the world, and last longer. Well, the cost of one
: of those a hips of about 1,0(jO tons is less by $'10,000
! than the government has paid for repairing and rebuilding
of n sloop of war of leas than 800 tons.
The latter, if she w as all new, (which was not the
ease in the vessel we refer to, nor one half of her,)
bad her spars, sails, rigging, Ac., which are estimated
to he over half of the cost of building and
equipping a ship. It may be said the men of war
built at our yards last much longer. But the re!
verse is the ease. We have numbers of ships,
that after running eight, ten, and twelve years, as j
packets, the hardest service, it is believed, that
can he performed by a ship, stand A 1 at the in- 1
surance offices, which are pretty good judges of
what nlates to their immediate interest. After
this time they are sold for w halers, and are employ
r d as many more years without being rebuilt.
How is it with our men of war"! Do they mike,
at the outride, more than two or three j ears'
[ crudes, (and frequently hut one of three years)
before t'my nrestripped, re-planked, and frequently
re-timbered 1 A few years since, a sloop (the
Yorktown) was built at the Washington Navy
Yard, where it is supposed the timber is better
seasoned by the fre.-h water at the dock, than
other timber is. 8he made one three years'
| crui.-e, when it was found necessary to re-plank
her freni her water line up. H?. rrepairs amounted
' to about ? Ki.OOO, having cost originally more than
; double what the ber-t ship carpenters in New York
w i uld have gladly built her for. This is not a
solitary case; there are plenty of thein that can be
printed out.
Again, the U. 8. steamship Fulton, now at the
Brooklyn Navy Yard, where she has lain for years
in ordinary, this being about all she is fit for, was
built at that yard by th? present Government Inspector,
Commodore Perry, after h;s return from
Europe, where lie was sent to obtain information
upon the subject of steamships for naval purposes.
I Does anybody think her fit for the purpose for
' which she was intended 1 It was found, ujion
trial, that she could carry fuel enough to take
her from New York to Cape Muy, (!Xj miles) but
no more.
The Washington and Hermann were built by
! Misers Westerveltand McKay, and the cost of
each ship, w hen afloat, was less than the labor bill
of the Missouri. Ths engines were built by StillJ
man, Allen A: Co., and the cost of the engines for
both tlii| s w ere h ss than the co3t of those of (lie
Missouri; and we are informed by persons who i
j are in every respect competent to give a reliable
opinion < n the subject, that contracts c*n lie made
by the govt rnrneni to have ships built of u!l hv?
onk for less than the labor bill on the Missouri, [
! and of her size, tco.
The following are the items of the comparative I
j cost of the Missouri and Washington
l abor bill if lh? Missouri >141.180 6S
I Materials , 187.IB" ttt
| > tigitnn aud boilers 22V.178 27
l Snail lies iM 674 40
>284178 40
< est i f the Washington afloat >78.000 00
rD|TlD>P . . .. . ? > WV w
Jitters work l.t.lAHl 00
li ti work, c< ?1 bunk*, kc.. . SHOW) 00
Siifcilrit ? salts \c. ........ 'H> OCO 00
K multure S.c ltl.VW OU -?2ilPS9 00
_ P.aliLC#
111 favor of the Washington. . .. f J31 1','J 40
Now, with these reliable and authentic data and 1
ilitiKrnts Uforr ut, what can we think of Mr. ,
Tre Hon'a recommendation to return to the old sy ai
tern of budding war steamship* for tlie use of the
navy 1 The man who, tn the lace of such proof as
we hnve adduced in favor of the present system,
would advocate n return to the old one, must be
either?xlreniely weak in intellect, ami then lore unlit
for the importuni office of Secretary of the Navy,
or he mutt be extremely ignorant of the department
over which he | resides, aud therefore should not
h ive assumed U. And yet the blundering Mr. 1'rraton
not only proscr.be* Capt. itrownrll, by whose
agtucy this system was adopted, but coolly advancis
the proposition that the present union of
I ulilir and private mruns in constructing our steam
marine should be abolished. iSuch a union ot stultiticatioa,
proacrij tion, ignorance and folly, is
w iihcut a parallel.
We trust that his recommendation will go for
what it is worth, which is nothing at all, tnd that
Ccrgrets will see the necessity ot continuing, and
liberally supporting, a system which has already
produced such good results, not only to our commercial
interests but to the maritime power of the
country, wnh comparatively very little expent'Wha?,
nb< lish it! withdraw the govercmeat assistance
from this great commercial enterprise, at a
t ine, too, when I.inland is straining every nerve
to promote and increase her steam fleet, au>i wuhdiaw
al'oprther from the field of competition! 1
The id? a is absurd, and Mr Preston, who hrm h d
it, shows that he is lament tidy behind the age in
which we live, or deplorably deficient in all the ,
qualification* that are necessary to lit him for the i
office of Secretary of the Navy of this great conn- <
try, and thetefore should resign at once, and mike 1 t
way for a be tter and more rnm|>etent man. Let ,
h.s mi ii.menation be carried out, aud we mty at |
wtll irtitr from the ffild of competition and en'erprise
at < n< e, and abandon it to the Hritish. Hut
we hardly believe that the country i? prepared to 1
take ?ii? h a step as this Our n Hional pride, inde11
udeot ot all pecuniary considerations, will n?t |
ulli u t Km I lh?? I.ri'twh ah?ll nwtnti u?lt/?? fhu nrnltta.
hie and honorable branch ot rntrrpnie.
? j i
Grrei.iy **n Cot.o*gL Jin Motvnot ?Colonel i
Jim Monroe, number of the Assembly, m A'bvny, i
has givrn great otl. nee to the Fourierite philosopher,
because hp refuses to swallow all the anti- i
slavery nonsense which Weed end Greeley have
l><fO manufacturing Cor the laat few years. Greeley,
out of revenge lor thin spirit of inde,>eiidrnce.
im.kcs very droll and strange inquiries into Colonel
Mi ntor'i relations, respecting the fortune of hia i
wife? hia own parentage?who wis hts uncle?
w hat sort if a house he lives in?and various other
matters pertaining to the domestic arrangement* of |
the Colonel. Greeley has heretofore receivi J a
viry high character lor decency, propriety, and i
morality ; but it is the sober truth, (hit, during the
list ! w jears, and particularly since his mileage 1
humbug in Congress, and the abortion of hia Foj- I
tie rite ache men, he lias beeome one of the nasi i
vulgar, abuiive, ami unprincipled editor* connected
with the newspaper press of the day. I;very one i
who dis. grres wl'h him in opinion, or differ* with '
him on facts, is set down at nnre as " a liar"?" a I
villain?"a scoundrel"-" a b,wr and blacker ,
t)rant in heart than Nicholas or llaynau " This
certainly, is a new species of clvibsatioa. which
the giost thilosoiher exhibits so palpably in his
I nbbc conduct and language. It isvery congenial,
however, with the old white cont, dirty boots* i
grea-y pantaloons, snd hair that is combed once
a month. The age of civilization is ccrtain'y *
appioschirg i
Acquittal ok Captain Rynders, and the
Newspapers.?Two or three coteinporary journals
complain very much of the jury, but more especially
of John Van Bureo, for letting ofT Captain
Ry riders with an acquittal on the charge for which
he was tried, of getting up the Astor Place riots,
and its consequences. The philosophical charlatan
of the 'J'liLuve, who is going to civilize the
world on the Fourerite system and infidel principles,
tells Mr. Van Huren he is a blacker tyrant at
heurt than the Autocrat of Russia, or the butcher
Haynau. This is u very amusing specimen of philosophical
language, but is of a piece with similar
philosophical and civilized language addressed the
other day to Bryant, of the Poll, when lie called
him "Uur," "sconnrfrr/," "villainand so forth,
and so lorih. The Plainfield financiers, also, by
whose movements the public have been swindled
out of their hard earnings, are very savage against
the jury for their ucquutal of Kyndcrs, and particularly
energetic against the speech of John Van
l.uien, to which is attributed the particular result.
The bubble editor of the Esjnrcsi also vents soine
regrets on the oecusion, but consoles himself by
the reflection that the results of the last election,
tn this city, have set all to rights, and will, hereafter,
prevent ail rows and riots for all time to
come.
It is amusing to witness these empty outbursts
of indignation against Mr. Van Buren, the court,
ai d jury, in reference to the acquittal of Rynderg.
It is natural, however, that the organs of our imbecile
Mayor and Ins coadjutors, who acted ott this
deplorable occasion, should feel sore about the
verdict of the jury. Why so! Because that verdict
is the greatest and deepest censure upon the
imbecility and fully of the Mayor and the others,
which could be nmue by a public tribunal and an ,
intt lligent community. We knew little and care
less about Rynders; but if an honest jury, on the
evidence of the case before them, could be brought
to convict him of instigating that riot, there were
stronger and more powerful reasons for a verdict
td conviction, and to send to the penitentiary, the
Major and his coadjutors, including Moses II.
Grinnell und all the signers of the Macready card.
Tiiey were all engaged in the business?they all
took i>art in that movement?uud but for the imbecility
of the chief magistrate, and the folly of the
card signers, there would not have beea any riot
on the 10th May?the calling out of the milittry
would not have been necessary?and there would
have been no effusion of blood to deplore.
In the remarks of several journals we perceive
that an < Hurt is made to depreciate the remarkable
eloquence, wit and power of the speech of Mr.
Van Burtn, while they profess to admire the same
qualities in the speech of his antagonist, Mr.
Whiting. We have already intimated our opinion |
of his speech, including the charge of the Judge;
and we believe ull will agree with us, that a more I
silly tirade of impudence and extravagance than '
the speech of Mr. Whiting, has seldom been i
heard before n court and jury. Mr. Van Buren'a j
sjeei h exhibits tie tone and spirit of a sentient in, !
while that of his antagonist Ins nothing in it to
give relief or redeem it from the vulgarity and
low abuse which it contaius against the opposing
counsel, his clients and others. Mr. Whiting has
s< me little t,ihut, which lie acquired by his former
practice in the Court of Sessions; but he seents to j
have no idta of the higher walks of his profession, j
nor does lie realize the respect for superior and 1
better teste, end for a purer code of eloquence,
which he thould endeavor to bring to his public |
character. Too many of our eminent counsel j
descend to the lowest tirades of vulgarity and defamation,
under the mantle #f the rights ofcoutt- j
eel, a practice which is degrading and desecrating
to the profession, and which ought to be reformed
very much at the present day.
lirvr?o Tivim un Tut Si Ouitiirt. I
?We begin now to leam positively the position of
General Taylor and his cabinet upon the slavery
question. A message is shortly expected to come
front the White House, developing the views of
( raerul Taylor upon this most important issue.
The ground assumed is this: to admit California, '
with her new constitution, as a Slate into the
I'nion, and to let New Mexico and other unorganized
territories remain as they are, till a majority
of the population is sntiicient to enable th' tn to ask
for admission as States. By this policy, it is
thought the l'rrsident will be saved the necessity
either of approving or vetoing any territorial bill
with the Wilinot proviso.
If inch is the exact position of General Taylor
and his cabinet, it leaves thequestion entirely open
for future and continued agitation, during the next
tleitiona. Neither New Mexico nor Deseret have
n population sufficient to warrant them in establishing
a State constitution, for admission into the
I'nion. It, therefore, those territories should be'
left as they are, the slavery question will still be
before the country, and nothing can prevent it
from becoming the principal issue in all coni ng
election*. With euch a prospect before us, it is
evident that both whirr* and ilrmnenti ?. !l I...
driven, at the approaching elections, each to bid
over the other's heids, like bidden in an auction
shop, for the anti-slavery vote?that party holding
the balance of power between the two pirtir?, in
h New tingland States, and in New Voik State. |
Thejr, therefore, will command both parties,
throughout the country; and th? conse pience-< will
be, that at the neat Coogteeaional election, there
will be a stronger and fiercer nnti-e!a\ery phalanx
returned to both houses at Wa-h ngton, than we
now see, or ever before have sern there.
The want of moral courage, therefore, in not
c< mmg out at once, boldly and ?>,ienly, in th * present
crisis, will load to the incrras' of agitation and
excitement throughout the country, making the
contest bitterer, longer, and severer than it has
ever yet been seen to be. This policy is a straight
road tocivil war, disunion, and dissolution. There's
danger in it.
La nn\ Mnunaas at W?mi\stos ?Washington
seems to be crowded with lobby-members If we
may credit the nccottnls of several lournals. all
ihe hslele and boarding-houses seem to be filled
with there valuable members of society, v?me <.f
them opposing the confirmation of (Jen. Taylor's
appointment#? tome supporting them with all their
might and main. Among them, we jwrcetve
Mom a II. Grinnell, Thurlow Weed, and others,
sre on the ground, opj>csing the confirmation of
Mr Maxwell a- Collector of this port. We kn>w
ot where ourcorrrspondeat gets his information;
but v?e doubt much if these persons would move
ngainst Mr. Maxwell, unless they had ascertained
that he haa little chance o| being confirmed. It
ie< mr, however, that ? crisis is approaching in
relation to there new appointments in Washington,
and that every etTort is being made to bring up an
iifluence for or against the nominations now hefore
the Senate. It is also said that Gen Taylor
mil refure to gl"e the information called for by
the resolution brought forward by Mr. Bradbury,
railing for tnformation as to the reasons of the
Mnoval frrm cflire of as many ;* r-ainr during
the lait summer. If General Taylor refuse* to
give this information, it is said that the
Ornate will rrfuse to confirm his leading nominations.
As matters and things now ?tand, it seems proluible
thst sn awful issue will be arrived at betMfen
G? n? r?l Tn> lor, with his cabinet on one
side, and the fenste cn the other. If President
Taylor and the Senate should, in fact, quarrel
shout Senator Bradbury's resolution of inquiry,
on h an issue would lead to numerous repction->,
to great excitement, to much di-cussion, and
>!enty of fun. ___
Malls for Rarnpe.
The steamship (acids will Wave this port te morrow
isrn. f. e Itslirax and Liverpool. H#r aistls will eloss
it ten o'floek In th# mcrnlvg. The r?%?*f( thmH
riU to published it # o'closk.
TELEGRAPHIC INTELLIGENCE.
'Important from Washington.
MESSAGE FROM THE PRESIDENT,
IN RELATION TO
OALZrORNZA.
SPEECH OF GEN. CASS,
ON THE WILMOT PROVISO,
tec., ice., icc.
Our telegraphic news trom Washington will be
found to possess much interest.
In the Senate, Oen Cuss opened his speech on
the subject of the Wilmot proviso, in which he reviewed
the constitutional power of Congress over
the territories. His remarks were very ununited
Mr. Cbss postponed the conclusion of his remarks
till to-day, giving way to a motion to go into executive
session.
In the House, a warm debate took place upon
the subject of reconsidering the vote postponing
the election of Doorkeeper and Postmaster till 1851.
The subject was finally laid over, for the purpose
of receiving several rmeeages from the President.
The first message read was in relation to the expedition
of ?ir John Franklin, asking an appropriation
for the object.
The second, which we publish below, discloses
the action of the government in relation to California,
in answer to a call of the House. It goes
to show that the policy of the administration has
been that of " masterly inactivity," leaving the
newly acquired territory to work out their own
salvation.
In the Legislature, a debate occurred in the
House, in relation to Hudson River Railroad charter;
and also on the subject ol the improvement of
rivers and haihors.
The Presideiit's Message, dec.
OCR SPECIAL TELEGRAPHIC CORKESPOMiE.NCE.
Washington Citv. )
Monday, January 21, 1850. J
The President's Message, ia every particular,
turns out as we have reported heretofore, even
with respect to the Texas boundary?and, if we
mistake no^the reading, it covers up a veto, if a
teiritorial bill, with the proviso, is passed for New
Mexico. It is singular enough that the views of
(Sen. Cass and Gen. Taylor should be so nearly
alike.
The message has created a profound sensation,
and is highly satisfactory to the moderate men of
all parties.
We understand thut Gen. Cass delivered his
speech, preparatory to the resignation of his seat in
the Senate.
We understand that the documents accompanying
the President's Message will be published tomorrow.
Orders have been issued front the Navy Department,
to go out in the steamer to sail trom your
l?ort for England on Wednesday next, directing the
immediate teturn of the sloop-of-war Jumestown,
from the Mediterranean, to Norfolk. The U. S.
service ship Ohio sailed from the Pacific, for home,
on the Ifiih of December.
TII1U1 Y-KIRST CONUHU9I.
FIRST SESSION.
Senate.
Washington, Jan. 31,1S50.
After the presentation of numerous memorials Mr.
Bill from the l emmitte oa Commerce, reported back,
without amendment, the bill providing for the repair
of the Cumberland dam. In the Ohio river, which, on
his motion, was considered, and after discussion, was
pasted ever informally.
Mr. Hi nteb gave notiee of a bill to abolish the Home
Tl URITOBI 41. am ?r--inr
The Senate then proceeded to the consideration of
the special order, the resolntion Submitted some timsince
by Mr. Koote. declaring It to be the duty of
Congress, at the present session, to provide territorial
governments for the Territories.
srsr.cn or sib. cans oa the wii.mot rnowsn.
\'n r.ae wnnaaa4ad ta a-IJ Sh. S3 a- at
*. a. v aaa ^n-arrarj tv aujiraa lur OCDIIV OD IQI
quaatli n of tha Wilmot prcvtao Me Mid. thera are two
principal qurvtloot tnvalved in the controversy revpeetiag
tha Wilmot provlao; *?. Indeed thara are In
II tba legislation of ComgraM Ht?t, whether that
meaeura la crnatttntlonal. anl next, if constitutional
whether It la axpadlent Tba obaervatlnna I prnpo?a to
oBar. will bo directed chiefly to tba constitutional
|uo>U<>n, tbaugh brfort I cloaa. I shall submit aoma
b?l?f n mark* op"n tba expediency of exercising tbia
power. If wn postage It. Before however proceeding to
tba Inravt'gatien of our righta aol our duties c >nnactad
ai.D tbia proposition. tbara ara some pre! toilnary
consideration*. erreutial to tba program of too
Inquiry and to a juat conclusion. to wbieb I bag
If ara to rail tba attention of tba Senate In tba
dWMseions able a have takan place upon (blsauhject,
foMierly and recently, all those who bava 0 aten led
for tba power of < ongresc to pas* Uila Wilmot
proviso, bava contended for general and unlimited
poavr of legislation over the tetritn. |e*. I Know of no
on ptlon t<> tba universality of this proposition. I Ua
tight to Institute government* and tba right to legislate
ovar tba Internal concern* of those distant coinmunltiaa
ara u-ed aa convertible term*. without reoogLiving
or acsnvaiedglvg any di dataller la tba priooip
e* ihrnnlvit. or In tb-ir practical applleati'n tnd
tbl* disregard of one of tba can n? < f ire>- l. io balloard
by our own rrvolutlon. U not conttuad to tha discusson*
here but axtanda avary where to the judicial tribunal*.
and to tba commentator*. whose habit* of inva-ttgation
art mora favorable to calm and searching
ii.qi.iry than outf can ta Mr Ba-geant, in bla eonatltutional
law. ahan ha My* - tha poser of g vwalag
aad a. legislating for a tariltory t? tba Inriitabla eonssqtieare
ol tba right to acquire territory evid-utiy
n nti unda tbla eiarrlaa of two poaera aa d.derautln
the.r origin aa In ibalr operation And Judga At >ry
take* the rania ?laa aaylng In ona p?are - that aa tba
government possess#* tba cgut to ae |Utre tartltory, It
veonld ear m to follow that It p?*aa?aae Lka power to govern
wl.at It haa ao acquired," and In auotbar ptaea
the poovr of < ongeeaa ovar tha p ihiic tarritory la
chatty aacluatva and unlvarrnl am their legislatlju la
subset to ao control. aadaofor*h Aud ao d-ea Mr. ,
Hauls. who Says, " that Ike poavr of gnvarning aul
<ii i > -ii idi i r ta:rit?ry m*y be tfir Inarral.'t I
r< of tb? right t?aa yuirr ?i ritory An J id
the r< eorda 1 opial?L> <<f e< me of lb* judgea, ?, art
t. <1 Hat I iti'irw h* |ilri ai; power*' aol "r*?mpl*i*
jnrladtctiow.' "al'koiit lial'auua,'' ?nr Km larill<
rt< And lh??? d-durtl inn lot lb*; at> oal? drdurita
? ate ii ada with aa murb an. In*.# a* Lord Vlaoatirld
r li d baa* * tblhl -d had ba ba?o ealiad up ia to
U.cld* th* iability i t th* H<*toa riMl Mil, or of th# art
which darlan d that Ilia Majaa'y la l arltaan-at of right
bad tba poair to band the paapl* of I boa* a?l?nl*? hy
atatblao In all aaaa* wbbteoarar ' And a member la tbla
Im dy i Bairt'a.) blab la rbaraetar aa a jurt.t and ataioamra
bar abarnotariatd tha diH-raoc* b>lar?a tha poarr
to laatttata gotarnoia nt? In tlia t*rTlt..rlewi and tba
I ? r < I unlimt'ed I rngreaelonal leglalatlno oaar tbMb,
a- a l undla < ( ab untitle* wnll* ? r*pr?#t otatlaa Irm
Indtoi a. that'll j la tba neighboring ball, with a enura
{? II at aiaii-at tadaan- him Ir m tba r*n#tir* abich
?u< h a rantlm*at raoti t but In-pir# in aa Am*rl.'*n
luaaat. tap* * tbat tb<? gotarnmanl could eetabUah a
d-ap Ham in any of Ii* tarrltori##. bayrnd ndnubt Tbla
H?trtnni*at a?uld aall than lnt<> ala>ary it it plaaa-d ' '
bat with eon. nit ndabla nhnnly. ha pr< aid** a apaclge
lot tha wound ba in "irta, by aaau In ? u- tbara la n<< dan
par It wi uid ba prapnatar..ua t > auppoaa tbara wan,
*for thara U a |raat diltaranoa b>t*a?n tba poa*?i in
?nd Ilia tiarai** of poeer IV hara lia la*rn<-d tbla
lain* .bat lbar? la a<> danpar of iba abjaa of pnwar I
Bonier* my inability to tall II la a d <-tr1o* better
iuit>d to tba Vaia tbaa to tba Vt aba-li I ih uabl tha
aan i?a i f tba propoaltn n tha pr< nanaaa to ?bj?# waa
wnttan up n t**t) papa of the pollttral hlatory of tha ,
world and iu warning fbaraalara on our own Inalltutloba
nod I thought It ana lb* Jaalnuey of Ibia tendency
Ibat nlotatad < ur eonatuwiiona. and ihnt en la Into
action ar-a/alaaa etgllano*. by whlah paaar la watched ;
and i.aita'i ail by tha tnatiran pe-pie And a mambar
Ir. in NaW \ orb, (Doer ) aoi.elder# tha alfnrt to aarni*
th. pao| a , i tba tnrtioil tba rigbt to IpgMb'b
I 11 a>r .an liitari al affair-. a? intended only
b r tba atakar brail.ran a aoft of rhlekan aoup for intallda
" Ibiaana.r at booan right. la worthy of a
piara In Jabawna a hlrad pamphlet agaiaat th* eoloul*#.
at.ll*Itd latatlon no Tyianny " >*thap* the >*ntltnl
B ay ba found ibapa it la a long fiaia alneal ran 1
it. but tier* la no piagiarem In tbe language That
bal< t aa to tha Hp. ak< r it *?* prachaiy tbla olaim of
anllmil. d It-glalafion wbleh >ad to our ra*< lull mary
Hint g!a una fur ta|aran >n from I nt land and I au<:
awfaaa I bete nafantd ai b au at-no nt. in tbla Ball of
a a . rrao Itglaiaii. w to tba on o and aublla metaphy>lr?l
loiji lliaa Into lb" rlghla oi aoT.f.tgoty and th#
power a Ii bring a with If. or .hang b I ha r ?'ra of -oea
laigniy wair .p.rjthli g and Itr riglita <.f man nothing
It la n tarltnl hln.oat in laruia ot tba dieou-alon* hai
at an tba pai an* atun'ry and tba ?o|onaa, but la
nl.teh wa baa* charged pla<rr and n <? a?'iini? to
>>tftlta tba aery p *w?r ?i l?#t< a Ion witb>al rapra'tntailtb?
nhlch aa flrat oat l-d In a-g imaat and
il an r*-letad to b.nia Th? Hrliith atataemco eonld
not wadaratbbd wtat pr?n-.| limit. thara r iid ha
la tba paaar of tba e? rtr iirn pa 11 am at ?r?r tha rola
ilt-r aad aa ibty font,.I n <na In their r .natltwtlon.
Inay admltl-d n< oe In ih ir lagitlniP a . Ihty eonld i
iot a|?tate th?lr ay* from thair own narrow ey.tem
la lb* aa fnndamen al principle. of bwman frael ?
wrlttrn " aa Lord * ha'ham aaid. In lb# groat
rmnma of natnre wl.leb ara Innnuiatahla ant In i
leatrvatlhla ' I bay had na ndrantaga Id tha arg<i ant
bowaaar, of whlah ?t ara depriiad I'll - w h?d
ia utwrlttaa ?i DaUtutlcn to appaal to, tal a laglt
latere to Mt. which, by the theory of their (totem- 0
mrnt, tu omnipotent. When, therefore, the exercise t
of any power was brehght Into question, It wm not
necessary to estabtt?i Ita existence, but it wna for |
thoae who opposed tt to eatabllab the Umltntiana t
by wbloh tt wna sangbt to be controlled. Bat the I
powers of onr government ere both defined end
limited, and before the authority of Congress can I
be brought to bear upon any subject, the constl- 1
tutlonal grant of power must be clearly pointed out. <
Mr. C. did not intend to argue with auy man who does
not acknowledge the ditlerence between the right of <
unlimited legislation ever distaut regions, where there
is no representation, nod the right to organise govern- 1
meats, leaving to the people to be affected by them to I
regulate their own ooaeerns in their own way. The <
one might be necessary and defeasible, but the other
no clrcumstanoes could jastify, or reconcile its exercise, ]
with the great principles of human freedom. He was I
aware that for peculiar reasons, Congress had the exclusive
legislative control over the seat of the federal 1
govei umvnt; but the oomrnunity of feeling and interest
occasioned by residence, personal intercommunication,
and so forth. which tempered the depotism of the mec- l
sure, could never apply in the case of a remote colwny.
This light also aae oueot the uudoubted terms of the
constitution The primtiple involved in this contro- i
versy was the inseparable connexion between legislation
and representation. What necessity was there
f-r its vi' iatioo at the present time' Were not the i
ptople ol the '?: l orio* cornj ent t > miu{? their own ]
internal allairi? They were our own people, with our
habits, views, intelligence- all that constitutes nat'On- t
al identity They bad proved their capacity for self
government. 1 he objection that a portion of the peo- i
pie of the territories were foreigners, could not be main- !
taintd A vast number were known to be American
emigiantr, who would always exercise a preponderating I
Indue nee. controlling all public measures. What then
war there to fear ? Xfee great Issues of life and death
were left to the peo^e No < tie called that in question
And to the same trust might bo committed with
equal safety. all tbeo'.her objects of internal legislation. '
'1 he late proceedings in California to organise ag >vern l
ment, and the constitution which has been the resulf.
are the best proofs that could be offered of the capaci'y <
of the people to lay the toundatione of their poll- i
tioel iijalitutisijs, wifely and justly. What a
practical commentary was that constitution upon 1
the doubt which thsy had h< wrd expressed in this i
hall and el.'ewhere,re-pecilog the intelligence of those 1
remote territories, and the ueee-sity of restraining i
tin hi by t'oegresslftnul bghlution. He knew of r.e !
constitution in this broad I nion where the principles j
of natunaland progressive liberty are better secured
than in this first great political offering from the shores 1
ot the I'acific. So much for the difference, both in prln- i
ciple and practice between the power to institute go- i
vrrnuicnts for the territories and the power of inter- i
nal legislation over them. But this difference was not
a mire speculative one. nor one which appeals merely
to the feelings of the American people ami their representatives.
It catered deeply into the question under
discussion aDd the constitutional power of Congress to
legislate over the territories, and thus presented itselt 1
in the very threshold of this inquiry. There is no i
clause in the ooci-titution which givesC'ingress express
power to pass any law respecting slavery In the territories
1 he authority was deduct d from vaiious 1
sources, which he proposed to examine before he con- i
c oded. But every construction which would give to a
foreign It gisin'.uru jurisdiction over the subject of slavery?by
foreign he meant not el ct*d by the people, to 1
he all< cted by their acts, nor lespon-ible to them - 1
would equ* y give it jurisdioti< n over every other 4a- .
pari ment ol lite, social and political in the territories over
tbe relations of husband and wife, of parent and
child, of guiiidian and ward as will as over the re'.a- i
tiros of nsa-tur and sertant. and rmbraaing within t ie
sphere Of its operations tbe ?b-le circle of hu-uau
rights, fer-o nal and political - lite, liberty, and property,
in all their modes ot, enjoyment. I say the
power ot oi'gress ovi r slavery. ' tor it we have the
power to abolish or exclude it we have the power to
r>instate it. if any ose doubted this position, let
bim turn to the con-tituti <n and show .the limi- J
tatien. Before he could belirve that such a power
was granted, so remote from the object of the go- '
vernui'Lt winch the trainers (f the constitution
sought to establish, he must abandon many
of the illusions he had chiri-hsd rePpeoting the
wisdcmi f the tta'esnian wh i c mpo ed the conven- I
tion of 171>7. There were va-hmi clauses of tbe con dilution
and vaiious other sources, foreign aDd domestic.
whence this light of unlimited legislation was
sought to be d' duct d Souie ol these wi re express constitutional
grants of power, an i they tairly included
tbe authority to bind the territories in all cases what
?ri , llicu k.?jr-4v U -fV* V. ?v?. --- - /
wight |-as* tin* proviso a.jd r?gul?t? all their other
coijci-rus at pleasure. but there *?"b other sources
whence the tight in lUfipond to be indirectly derived ?
an necessary to the exetciiii of r iuie pu-vcr found la the
consittutii u. or some ottirr pow?r found out of tbeoon(tif
ution .\ft?r an a'gument to show the necessity for ,
ascertaining thr extent of thin derivative power, a*
claimed. from whence it wai d-rlved. Mr. C. reverted ta
thr piop altl?n that Congress h?< ths power of legislatton
caimsd and vbserved that It till* powrr had be-n
Intended to be granted by the c< nstitutlon, nothing
could have bi t n > ash r then for the convention to bai e
placed it b< youd doubt, by a plain exprn-sioo of the
objret. II thr powrr " to make nr. diul rules and regulationt
over tbr territory or other property of the l'u'trd
States" ?the claure uiort frequently relied upon by
ti e claimants of tl.ie pewrr? ocnri-jtd full legislative
authority otrrr thle propri ty. aad oicr all pwr-ons 11 t- i
tog on It. thus making man the mare incident of proprrty,
certainly netrer wire wrds more u thapplly
cb> eru. nor a rrputaMon for elrarneaa an.l oertaiaty
m-re unjustly acquired That the oourentloa, when
tbey Intended to conny full legislative powera. knew
bat trime to employ waa mauiirai fr? at the pbra-eol?gy
of the provlMon for the government of the Kederal
District and of places crdrd I or tcie erection of forts
magazlres. arsenals, duck yard*, and o her needful
I building-" wl are thr right was given In express term*.
; admitting no doubt, and the very words were employed
| wb eli are beat adaptrd to convey the powrr Intended
to be granted. and no other poerr. W hen therefore, j
a cc tislruclion was put upon the authority to make
needful rules and tegwlatlons for property, which carilrs
It farbryiud tti- import <-t the words, those assuming
It wire bound to explain why similar language
wes not u-ed to grant similar poarr, and by what just
rule a phrase so limited was made to convey a power to
unliiiiitid. No nan bad attempt-d to do this, and It
was an obstacle in fiaune, which, nil removed. wa< insupeiable.
It was a little cutiou* to analyse the different
opinions i f different speakers and writers on this
subject, and tw And what diversity of sentiment p-evalls
res|>?cMtig the true ground of i nngreesional interposition
there seemed to be a sort of consentaneous
admission, that the power exists; but then came the
diversity o! views when seeking to justify Its exercise
by the provisivus of the constitution I will (said Mr. ' '
< ) enumerate the most prominent of three suggestion*,
and thi n prccetd to test Ihetu by the principles of the
constitution ?
1 1 be principal reliance, till recently, for the support
of this general power of legislation, has been upou
that clause ol the constitution already <|Uot*d which
authorises t ongres* to " dispose of, and make all needful
rules and regulations respecting the territory or
other | roperty belonging to the I nlted States.'' More
recently Lewvier.as the subject ha* been Investigated,
this clause baa found less lev r and other provisions
have. In succea>|on. been brought forward a- justifying
i cngresstocal interposition Among these are? j
it The war and treaty making power I
8. The right to admit new bta'ee .
4 The right to sell the public lands
6 1 he right of oaneislilp,
f> The itgt t or duty v t settlement.
7 1 he right ol sovereignty
At 8 o'clock. Mr t ass gave way to a motion to go
Into executive Sees lea, and. after a brief executive
esseiin. and the transaction of eoiae routine business,
the Senate adjourned.
Ilomso of HipritenUllirs,
WxsMivnroi*. lanuary ii. 1SJ0.
Tiir ci *?s KXrtDtTioie,
Mr. Dsns*, of Mias . asked leave to iotrodnc* resolution
railing on the President, If not lojurioue to the
public Intercut, to communicate the et Ids-nee in bU J
piciMfli a. i t n design !a*t summer to fit oat a military |
riprtltlcl la tha I oiled States to Invade the Island of t
I nba. and rrnoualctte ooptee of all loatrurtlon* to '
t on.trander Kandolph. and other officer*, eooerrnlog t
tbe some and all correspondence relating tbertoo. Ineluding
tbe aorreepoadenee of tbe government with '
the Governor of Yil?*l?*lppl or with the Hound Ulend- t
ere. Objected to. *
Mr. B*oes desired to Introduce the resolution that it '
uij lie over. Objected to. (
lUttios or t>ooaa*irra *vn rsmi<iu. i r
Mr Bm.t celled for tbe order* of dep. being a metloa ''
made by Mr. Ashmuo to reconsider the rote by which p
the Ht ure poetponed the election of Doorkeeper and {,
Psetmoeter till March 1*61. and to ley that motion on f,
the table II
Mr Hoaisecv rarred the cell of the Houee. The a
ye>* end neye were takrn end the call we*refa**d. M
i te n otlsn to ley < n the table the motion to rec n ti
|d?f tf e tote postponing tbe election of effloer*. wee n
decided In the affirmative, two majority
Mr B' er roee to tbe question of privilege eel to
pr> side for a contingency which now ciist* lie ub* e
mltted that by tbe action of the llon*o there wa<
no Doorkeeper end l'??tma'ter nnd offered areeolntion
th?t the l|ou*e having po?tp. n-d the election until ?
March bib the fergeeot at \rm* perform tbe dntiec
01 Dootkeeper until one can ?> elected.
Mr A*mw v objected to the r> ceptlon of the resoI'iti.
n end asked the Speaker on what ground be made
hie decleli-o'
The ffraeara rai l that the llonee bad poetponed the
election er.d until tliet time bad no right to proe?ed n
to election but It would be in order to appoint a ternpormy
Doorkeeper uirli that time. The peeltlon oe- |
copied by the present Doeikeeper nnd Poetmneter I*
tlit? thi ee officer* wete appointed by tbe laet < on green,
et d under the practice of prerloui <;ongree?e?. the old
officer* have c< ntinued to discharge their dutle* until
their sncc'Mor* are appointed. The t'balr thought
that the officer* could continue to do Mt. only
By the- will nnd (ulTernne* of the House. They
ore not now r'eorly ehcted offltcere of the llonec, ,
aid the Douse can. If they choose appoint tbe old
] ' .. | . r rr ar.y < iher p?r'< c tout In that cap*o|rT
Vr \siiw v n?krd the ' hair, on what ground be
had decided the reeelutloa to be in order.
The Srraava?tin that of privilege.
Mr Aesiwviv ela'med tbat tbe decision was wrong. i
Because no ope without n tti*pcr*lon of tbe rule enn
offer n teas lutlon of this kind I hie w nld nlt?r the :
s'endirc tule with'ut gitlng ( ne day* notice. Heap
pse ed from the decision of the i hair
Mr Ban rt maintained tbe re-olmipn In order, and
precedents could be quoted to suataln It
Mr. Per?T"? Kivi We have been several week* nttsnipt-cg
to or, anise the ||ons?, the real difficulty ia.
I hat the ttlend* of slnsCTy on both side# have been ua- ,
wtilirg to tote for nry man opposed to slavery.
The Srreaira ? The queetlon dona not open that of
llawery
Mr Jri?v*c*. cf Arkansas hoped the gentleman
w md be permitted te go on (Hear him )
Vr Kis I bin ha* Been tho difficulty on both sides
Bf the Hon*e
t r V< l.**r of Vary land, called Mr king to order.
1 he ?rni? ? decided h m out of order
Mr i" '*ld that Le wa* stating what wa? tbe real p,,
llfflci.ltj, and wished to dots to lay the inhjeot on th#ibls.
After some conversation on e question of order,
;rowlng ont of Mr. King beinic called to take his seat,
he Speaker decided that Mr. K. was not entitled to
loor.
Mr S< xenon maintained that the resolution was not
n order, it was to make the Sergeant-at-Arm* the
5oot keeper, when the two offices, under the rules, are
listinot.
Mr. Stssto*. of Tennessee, contended that it was In
)rder at any time to appoint a temporary doorkeeper.
Mr Otniti said that the late action of the Houae
nas. In effect, the appointment of Mr. Hornir as Doorkeeper.
and Mr. Johnston as Postmaster. The usage
on this subject bad patted into a law.
Mr Boat observed, that the resolution merely proposed
to enlarge the duties of Sergeant-at-Arais until
the House should eleot a Doorkeeper.
Mr. McI.kak. of Kentucky, in substanoe, contended
that the Houte had. in effect, solemnly elected a Door
keeper.
Mr IUrsis. of Illinois. thought that the House wan
pow bound to proceed to an election.
Mr Toombs contended, that the election of Doorkeeper
was not nec-siar; to an organisation, and dlflertd
from the Speaker's decision.
Mr Birt renarhed that the eoiutitution directs
that the iiouee tball choose its Speaker and other otfleers;
then when the Speaker is chosen, the ofliaere
follow.
Mr VcLars. of Maryland, maintained that tha election
of Doorkeeper was a question of privilege.
A motion was made to la; the appeal from decision
of the I hair on the table ; which wae decided in the
negative?101 to 104
The question recurred on sustaining the" decision of
the chair, that the resolution of Mr. Burt was in order.
mcssai.ki from the rai'ioawr.
A message *i? received from the President.
Mr. Ashmuw moved the previous question.
A motion was made to adjourn, which was lost.
'I he question on sustaining the ohair was decided ic
Li e negative?101 to lo2.
.Mr 1 n v moved that the House go into rcumiUee
M 'I- W hole < c the several branches of tho Pretideni's
lowata
,\ r t.Ksrnv s?id there was great anxiety to know
the Mews < I - I -tratioa on a wide-spread auti
rxci'.ing euijj-<'i understood a message was on tha
table, and ho. u thu louse would by uuaniinons eon tent
peimit it te bo read.
Mr. Bavlv would withdraw his motion tor that purpote.
The Spkaki it said there were several rcesrages on t're
table The tliet cue related to the acth n of the g>vcrnnient
in the search for Sir John i-'iao".tin's expsdltion.
an J subuiitti tig the propri-'ty ' 1 uu approprii'.t <o
In fn, I her I hi* nl.i.cf The mil liifeuns ?u4 111 f-U
iku to ( alitornia no follow*:?
To tmk Hoist. ok Kn nv.:=s.!vT*rivr.*
or the Uniti.o SrxTt.s.
1 transmit to the Houte ?l Representative*, la answer
to the resolution of thut body, pvssed on th* Hist of
Pecembtr last, the accompanying report< of Head* of
Departments, which contain all the official iniormat on
In the | orressiou of the Kxecutive, asked f >r by tie
ie-clutl( n : ?
On coming Intr tfl'ce I f>und the m'.Hfiry commandant
of the department of California exercLlcg the
(unctions of civil governor In that territory; and. left
as I was to uut under the treaty of Guadalupe Hidalgo,
without the aid of any legislative provision o.stabluhing
a government in that territory, 1 thought it best not tc
disturb the arrangement* made under cry predecessor,
until Congress ihould take some action on that subject,
i therefore did not interfere with the po *i rs of the military
ct maiaiiiiiut who continues to exercise the tuoetiene
of ctvlt governor, as before ; but l made no aush
appointmer.t.conferred no such authority, and have allow
t d ii<creu.-< d en* p?w-atlon to the cunm indunt far
his service*. V ith a view to the faithful execution of
the treaty, so far a* laid in the power of the Kxecutive,
and to enable Congress to act at the pre-ent aeasion
w th as full knowledge and as litt'e difficulty as poaatb
e i n all maiters ot it.tercet In thee territories, 1 sunt
the lion. I licuia- liutler King as bearer of dispatcher
to l alitornia. end certain offlcar* to California and Nrrr
Mexico, wtuse duties are particularly defined in th*
arc mparying letters of instruction, addressed to
thmi severally by the proper departments. 1 did
not hesitate to express t> the people of those territories,
ray desire (hat ach territory should, if prepared
tocomply with the re ( jitiilouaoftke constitution of the
I niti d stu es form a plsn of a State Conaitu lm, and
submit the rams to < oogrefs, with a prayer for ailmisl
on into the I t ion as a State; but I did not anticipate,
uggest or authorize the ustebilsbmeot of any such
government wirhout the aasent of i.opgres*; nor did 1
i uthorlxe any government agent or ?filcsr to Interior*
with, nrr exercise any Influence or control over, the
election of delegates, or over any convention, in making
or modifying their domeatlc Institution*, or any
of the provislrna of the proposed constitution Oe
the contrary, the instructions given by my ordora
wcie. that all noaeuree of domestic policy mast originate
solely with tb> uiselves, that while the Kx**ativ*
was desirous to protectand dtiend them In tile formalion
of any govt rnment republican In it*oharaotar, to
be at tbe proper time submitted to Congr***, yet it wma
lobe distinctly understood, that the plan of *neh a
government must, at the same time be tbe re*nlt ot
their own deliberate choice, and originate with themli
ivea, without the Interference of the Kxaeutiv*. I
in nliable to give any intoiuiatlon as to laws passed
by any supposed gi ??rninent in California, or of aay
emus taken In ittber of tbe Urritori** mentioned
in the resolution ? I have no Information on
there subjects already stated I have not disturbed
the arrangements which I found had ex
1-t. .1 aiilir ley f :. ?M(ir, In adrleiag an early
application by the people of tb* territories lot
admission a* a s<tat*. I wee aoteated pnaetpelly bjr
an rarawt use Ire t > ali.nl to tb* wisdom and patriot
I'm of ' empress tii?- opportunity of avoiding aogry
disirasicne em- i.g the p pi* of the I in tad Stataa.
1 id?r tb* rrn-titutlon erery Sta'a lies tb* right of
eeiaMtshing ard from tlma to tlm* altering Its muni*
cl;al laws and domestic Institution*, lodependtnUy
rt nnj Mhir b'ate and <1 lb* general government,
subject only to 1h* propositions and guarantee*
expieesly ret lortb In tha e<n*t>tutlou of the
I nitid Stataa '1 be sub.ect thus left exclusively
to the reprei t n'atlre Slate* were not de-tgii*! or eaI
ct< a to t?ce m* topics of nations! agitation, still, ?
bb'ler tb* constitution Congress baa power to make all
aiedful rule* and regulation* respecting the territories
if Ibe 1 blted Stales every tew ?c .|'ns.tl n of t-rritv
rle* Pes It d to a; n > na on the que-! n whrthei tba
ij*t>m of inr.lt.natj urituJe. which prrfalla In
d ?i.j of the Stales, skcuiii or should not oa prohibited
In that territory Hie psri"d' of ere.Uwnt
from tbi* cause, which have heretofore occurre
d tare been fairly J a m d but during the lalervtl. of
abstrrer length, that m?y elapse before tha admission
*t tLe Terntoric s c* 1. A by Me xlao as State* II apireae#
probalil* Ibat similar e vitemeuts * III preeail to an
Uttdne extent I I der |||. ?# elri UUlSt nice* I th ought,
li d still thlnl. that I war toy duty to eod*a*or la put
It In the power of < ngreee, by the adintsaic u of allr
rats and New Mexico a* States, to reiaove all oceailuii
r tin uui i?i a- v eglts'nn of th* p rbl.e un-id
It Is understood that tb# people of the we?tern part of
alliornla bare formed a plan of a State constitution,
Ibd a til soon submit the same to the judgment of t'OB(r<
s* Tbi* roor*e on their part, thongh In accordance
itb aae n< r adop'i-d txcluslvely in e n?*ju*i??* of *
my eipesselon ?f. my el*ke*, Inasmuch as measures
let dii g to t) te i J lal been promoted by the officers
est there by my prsede-cespetr. and were already la actur
piogi.se 11 execution before any communication
eerhed me fioa ' alifcrala. If the proposed eonitltutlon
shall wbrn submitted to t oagrase, be
'eui.d to be In compliance with tha requisition*
t tha constitution of tha I' n I ted States. I earnestly
er-mmend that It may receive the sanation of Conl-.ee*
1 be part e>f t alifotaia not Included la the pro*
*ewed Slate of that ?*tn*. I* bettered to be uninhabited
ler pt la a eattlemeui of oar eoaatry men.in tha victnttyt
b.it bate a claim has beea a-leaoced by the Ita'e
f l era* t a eery large portion of the most populous
listilet cf the territory commonly designated by tha
isn.e i f N?w Vexieo. If the people ol New Maniac
ad f -tared a plan r.f State gorernment for that
en Tory, as ceded by the treaty of fiaaelalnp*
lidalgo and bai been admitted by t "agree* aa
I hte e our I i.aetilnti'.n ? uld bars aVi let th*
re ace "f nbtaalt.g ea adjustment of tba question of
h* t>< an ary eith IVv?. I o a jn clal d.ei-i n at
?-# nt. b<.we rer. to juitclal tribunal bets the power of
leeidlng thet questl. t., and It remains for < oagree, to
lexis some m lie for it* adjustment. Me?n?blls, I
unrlt to < ot gree* tb* que'tte n wbether It evould be
*pedient beftei* each a Ijuetment. to establish a Serr'eerlal
gorstament. wbich. by Including the dl'trls! res
lamed would practically decide lb# que tlon aderself
to the Stale ol Ores; esnludtag It would
' rid* It la her favor. In my opinion. Saeh n
tin* w tilj not b* eipedlont. especially ae the
eopl* rf tbI> territory ?UII enjoy th* benefit any
rotsctioa *1 their omlrlptl la**. originally derl red
tin Mexico anfi bare a military f, roe stationed
tier* to proteot them a rat net th* Indian*. It I*
n doubted It time that the property, lire*, liberty,
nd religion of the people ef Nee M**leo were betr
protected than they ever were before a treaty
r eeeelon. Hh- old < ? n?r*?e, ehea I alUorata shall
rerent bereelf f> r an 1 acorporatlon Into the I'nloa,
nnrt condition to her ndmlntoa ae State,
Itertlnt ker fiomeetlr Inetltntlowe. contrary to th* ,
tries id her peop a and eeen compel her temporarily
i empty with It yet the b'tat* oould change her
tnetllutlon at any time after b*r admission. eliea
i her It abonld term expedient. It li to he I pee ted
lat ant attempt to fieay to th* people of the Stat*
ie right* rf *?if government "> matter which
cnllarly nffecu themeelrea, will Infallibly he ran(led
by them a* an Inraalon of their rlgbtf,
id upon the prlnelpl* laid down In oar own Oeelarnfion
1 ladependence. they will eertalnly be sustained la
letr rerletance agamet It by tbe great max of the
merlcen p. opie To acert tl.at tbey ar* a oon ;ucr*l
opto. and ainet rnbmlt to the will of tbetr onjaerors
i i Me rrgard. elll meet elth ao cordial reap one*
dm ? Atrerlran frcmen (treat numb-re . f them are
ir o?a ci nntrytnea n?.t Inferior to th* reet in Intelllnc*
and patriotism, and no language of meaae* to rerain
them In tba eiercle* of an undoubted right, subanl
ially guarantied to them by treaty of oeealoa Itself,
all ever b* ai tared by m* orenoouragefi -vtd auetaln-d
' prra-as hctlng under my authority. It I* to beeipeet
I that la the residue of th* territory ceded to ua by
exloo th* people r*?idlag there will, at th* time tif
elt Incorporation into lha t nton aa a Atat*, settle all
itrthrs'f d?ni#-;!o policy to suit themcelrc* No
iterlal loconri n'ene* ? result from th* want, fer
short petf d. of a gofernmeat established by Cotters
otrr tl.at part of th* territory whtah li-r
steard (t the new Stat* of Celtf-rate; and tbe
aeon* for my opinloa that New Mrtlp> wilt at aa
tent put d *eg for admleelon Into the Colon,
* founded on un< ffl'lol Information which I rupee
ls commi t to all who havo oared to m*h* luirles
< n that sub set lleelag then that the |u*st|o?
eh toe lt*? () b palnfin sen-a > os la th* * cm
f. will la thecal C. r aln.y be Settled by the silent
erstlon of caure* Independent of th* action of Courr?
I again submit to t or win lom the policy
tnmmi r de-i In my annual meeeage, of a-ealt- ,
: thn salutary operation of thoee sawoo* holier.
(that w* shall ihu* avoid th* creation* of gongraIcal
parties and recur* the harmony of feeling *o
eesary to the beneficial action cf iur political ryen
t innscted a* th* I alon l? with th* remesaiccc
of past happiness, th* (ens* of fpTU*at