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munication from me reached California. If the proposed constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the constitution of the United States, I earnestly recommend that it may receive the sanction of Congress.
The part of California not included in the proposed State of that name is believed to be uninhabited, except in a settlement of our countrymen in the vicinity of Salt Lake.
A claim has been advanced by the State of Texas to a very large portion of the most populous district of the Territory commonly designated by the name of New Mexico. If the people of New Mexico had formed a plan of a State government for that Territory as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our constitution would have afforded the means of obtaining an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Congress to devise some mode for its adjustment. Meanwhile, I submit to Congress the question whether it would be expedient, before such adjustment, to establish a territorial government, which, by including the district so claimed, would practically decide the question adversely to the State of Texas, or, by excluding it, would decide it in her favor. In my opinion, such a course would not be expedient, especially as the people of this 'Territory still enjoy the benefit and protection of their municipal laws, originally derived from Mexico, and have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better protected than they ever were before the treaty of cession.
Should Congress, when California shall present herself for incorpora. tion into the Union, annex a condition to her admission as a State affecting her domestic institutions, contrary to the wishes of her people, and even compel her, temporarily, to comply with it, yet the State could change her constitution, at any time after admission, when to her it should seem expedient. Any attempt to deny to the people of the State the right of selfgovernment, in a matter which peculiarly affects themselves, will infallibly be regarded by them as an invasion of their rights; and, upon the principles laid down in our own Declaration of Independence, they will certainly be sustained by the great mass of the American people. To assert that they are a conquered people, and must submit, as a State, to the will of their conquerors in this regard, will meet with no cordial response among American freemen. Great numbers of them are native citizens of the United States, not inferior to the rest of our countrymen in intelligence and patriotism; and no language of menace, to restrain them in the exercise of an undoubted right, substantially guarantied to them by the treaty of cession itself, shall ever be uttered by me, or encouraged and sustained by persons acting under my authority. It is to be expected that, in the residue of the territory ceded to us by Mexico, the people residing there will, at the time of their incorporation into the Union as a State, setule all questions of domestic policy to suit theinselves. No material inconvenience will result from the want, for a short period, of a government established by Congress over that part of the territory which lies eastward of the new State of California; and the reasons for my opinion that New Mexico will, at no Fery distant period, ask for admission into the Union, are founded on unofficial information, which, I suppose, is common to all who have cared to make inquiries on that subject.
Seeing, then, that the question which now excites such painful sensations in the country will, in the end, certainly be settled by the silent effect of causes independent of the action of Congress, I again submit to your wisdom the policy recommended in my annual message, of awaiting the salutary operation of those causes, believing that we shall thus avoid the creation of geographical parties, and secure the harmony of feeling so necessary to the beneficial action of our political system. Connected as the Union is with the remembrance of past happiness, the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feeling of duty, and every emotion of patriotism, tend to inspire fidelity and devotion to it, and admonish us cautiously to avoid any unnecessary controversy which can either endanger it or impair its strength, the chief element of which is to be found in the regard and affection of the people for each other.
Z. TAYLOR. WASHINGTON, January 23, 1850.
DEPARTMENT OF STATE.
DEPARTMENT OF STATE,
Washington, January 19, 1850. The Secretary of State, to whom has been referred a resolution of the Senate of the 17th instant, requesting the President of the United States to inform that body, as early as practicable, "whether any person has been by him appointed civil or military governor of California since the 4th day of March last; and, if so, who has been so appointed, and what com pensation has been allowed him; also, that he be requested to inform the Senate whether any agent has been appointed by the Executive, or any of the departments of the government, and sent to California with instructions or authority to organize a State government for that Territory, or to aid and advise the people within its limits in such organization; and further, that he be requested to inform the Senate how the delegates recently assembled in California, calling themselves a convention, were elected; by whom the qualifications of the voters were fixed and determined; what those qualifications were; and by what law the time, places, and manner of holding said election were regulated; and further, that he be requested to inform the Senate whether any census of the inhabitants of said territory has been taken, and if so, by what law and under what authority; and further, that he be requested to communicate to the Senate all orders, (written or verbal,) instructions, or correspondence with any person as civil or military Governor of California, or as agent on the part of the United States government in California by the preceding administration and the present administration; and further, that he be requested to inform the Senate whether any steps have been taken by the Executive, or any department of the government, to assemble a convention in New Mexico for the purpose of adopting a constitution and making application for admission into the Union, and if so, that he be requested to communicate to the Senate all orders, instructions, and papers in relation thereto; and further, that he be requested to inform the Senate upon what ground he bases the opinion expressed in his annual message of December 4, 1849, that the people of New Mexico will at no very distant period present themselves for admission into the Union,'”has the honor to report to the President the accompanying papers, on file in his department, embraced by the resolution. Copies of so much of the correspondence of this department during the last administration with officers and agents in California, after the treaty of Guadalupe, as was deemed proper or useful to be communicated to Coligress, will be found among the papers accompanying the message of President Polk of December 5, 1848, from page 45 to page 69, inclusive. (See volume 1 Ex . ecutive Documents, 2d session 30th Congress.) Prior to that period, T. O. Larkin, esq., was appointed confidential agent of the department in California, and received for his services the sum of $6,107. The sum of $1,000 has been paid to Mr. King.
The Secretary of State has the honor to add, that no official report has Jet been received at this department from Mr. King, who, on the 3d day of April last, was appointed bearer of despatches to California and agent to collect information necessary to the proper execution of the treaty with Mexico, as well as to communicate information to the people of that Territory, as is fully stated in the copy of his instructions herewith sent. Private advices from California have informed us that he was confined by severe illness, not long after his arrival at San Francisco, but that he had recovered; and his arrival in the United States may, therefore, soon be expected. A report will then, doubtless, be made by him, in obedience to his instructions. Respectfully submitted.
JOHN M. CLAYTON. To the PRESIDENT OF THE UNITED STATES.
DEPARTMENT OF STATE,
Washington, October 7, 1818. Sir: Previons to your departure for California, the President has in. structed me to make known, through your agency, to the citizens of the United States inhabiting that Territory, his views respecting their present condition and future prospects. He deems it proper to employ you for this purpose, because the Postmaster General has appointed you an agent, under the "Act to establish certain post routes," approved August 14, 1848, “to make arrangements for the establishment of post offices, and for the transmission, receipt, and conveyance of letters in Oregon and California."
The President congratulates the citizens of California on the annexation of their fine province to the United States. On the 30th of May, 1848, the day on which the ratifications of our late treaty with Mexico were exchanged, California finally became an integral portion of this great and glorious republic; and the act of Congress to which I have already referred, in express terms recognises it to be “ within the territory of the United States."
May this union be perpetual!
The people of California may feel the firmest conviction that the government and people of the United States will never abandon them or prove unmindful of their prosperity. Their fate and their fortunes are now indissolubly united with that of their brethren on this side of the Rocky mountains. How propitions this event both for them and for us! Whilst the other nations of the world are distracted by domestic dissensions, and are involved in a struggle between the privileges of the few and the rights of the many, Heaven has blessed our happy land with a government which secures equal rights to all our citizens, and has produced peace, happiness, and contentment throughout our borders. It has combined liberty with order, and all the sacred and indefeasible rights of the citizens with the strictest observance of law. Satisfied with the institutions under which we live, each iudividual is therefore left free to promote his own prosperity and happiness in the manner most in accordance with his own judgment.
Under such a constitution and such laws, the prospects of California are truly encouraging. Blessed with a mild and salubrious climate and a fertile soil, rich in mineral resources, and extending over nearly ten degrees of latitude along the coast of the Pacific, with some of the finest har
bors in the world, the imagination can scarcely fix a limit to its future wealth and prosperity.
We can behold in the not distant future one or more glorious States of this confederacy springing into existence in California, governed by institutions similar to our own, and extending the blessings of religion, liberty, and law over that vast region. Their free and unrestricted commerce and intercourse with the other States of the Union will confer mutual benefits and blessings on all parties concerned, and will bind us all together by the strongest ties of reciprocal affection and interest. Their foreign trade with the west coast of America, with Asia, and the isles of the Pacific, will be protected by our common flag, and cannot fail to bear back to their shores the rich rewards of enterprise and industry.
After all, however, the speedy realization of these bright prospects depends much upon the wise and prudent conduct of the citizens of Califurnia in the present emergency. If they commence their career under proper auspices, their advance will be rapid and certain; but should they become entangled in difficulties and dissensions at the start, their progress will be greatly retarded.
The President deeply regrets that Congress did not at their late session establish a territorial government for California. It would now be vain to enter into the reasons for this omission. Whatever these may have been, he is firinly convinced that Congress feel a deep interest in the welfare of California and its people, and will at an early period of the next session provide for them a territorial government suited to their wants. Our laws relating to trade and intercourse with the Indians will then be extended over them, custom-houses will be established for the collection of the revenue, and liberal grants of land will be made to those bold and patriotic citizens who amidst privations and dangers have emigrated or shall emigrate to that Territory from the States on this side of the Rocky mountains.
The President, in his annual message, at the commencement of the next session, will recommend all these great measures to Congress in the strongest terms, and will use every effort, consistently with his duty, to insure their accomplishment.
In the mean time, the condition of the people of California is anomalous, and will require, on their part, the exercise of great prudence and discre. tion. By the conclusion of the treaty of peace, the military government which was established over them under the laws of war, as recognised by the practice of all civilized nations, has ceased to derive its authority from this source of power. But is there, for this reason, no government in California? Are life, liberty, and property under the protection of no existing authorities? This would be a singular phenomenon in the face of the world, and especially among American citizens, distinguished as they are above all other people for their law abiding character. Fortunately, they are not reduced to this sad condition. The termination of the war: left an existing government, a government de facto, in full operation; and this will continue, with the presumed consent of the people, until Congress shall provide for them a territorial government. The great law of necessity justifies this conclusion. The consent of the people is irresistibly in-ferred from the fact that no civilized community could possibly desire to abrogate an existing government, when the alternative presented would be to place themselves in a state of anarchy, beyond the protection of all laws, and reduce them to the unhappy necessity of submitting to the dominion of the strongest.