Z. TAYLOR.

WASHINGTON, _January 23, 1850_.

_To the Senate of the United States:_

I transmit to the Senate, in answer to a resolution of that body

passed on the 17th instant, the accompanying reports of heads of

Departments, which contain all the official information in the

possession of the Executive asked for by the resolution.

On coming into office I found the military commandant of the Department

of California exercising the functions of civil governor in that

Territory, and left, as I was, to act under the treaty of Guadalupe

Hidalgo, without the aid of any legislative provision establishing a

government in that Territory, I thought it best not to disturb that

arrangement, made under my predecessor, until Congress should take some

action on that subject. I therefore did not interfere with the powers of

the military commandant, who continued to exercise the functions of

civil governor as before; but I made no such appointment, conferred no

such authority, and have allowed no increased compensation to the

commandant for his services.

With a view to the faithful execution of the treaty so far as lay in the

power of the Executive, and to enable Congress to act at the present

session with as full knowledge and as little difficulty as possible on

all matters of interest in these Territories, I sent the Hon. Thomas

Butler King as bearer of dispatches to California, and certain officers

to California and New Mexico, whose duties are particularly defined in

the accompanying letters of instruction addressed to them severally by

the proper Departments.

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 of 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 I 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 making 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 be at the proper time submitted to

Congress, yet it was to 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 am unable to give any information as to laws passed by any supposed

government in California or of any census taken in either of the

Territories mentioned in the resolution, as I have no information on

those subjects.

As already stated, I have not disturbed the arrangements which I found

had existed under my predecessor.

In advising an early application by the people of these Territories for

admission as States I was actuated principally by an earnest desire to

afford to the wisdom and patriotism of Congress the opportunity of

avoiding occasions of bitter and angry dissensions among the people of

the United States.

Under the Constitution every State has the right of establishing and

from time to time altering its municipal laws and domestic institutions

independently of every other State and of the General Government,

subject only to the prohibitions and guaranties expressly set forth in

the Constitution of the United States. The subjects thus left

exclusively to the respective States were not designed or expected to

become topics of national agitation. Still, as under the Constitution

Congress has power to make all needful rules and regulations respecting

the Territories of the United States, every new acquisition of territory

has led to discussions on the question whether the system of involuntary

servitude which prevails in many of the States should or should not be

prohibited in that territory. The periods of excitement from this cause

which have heretofore occurred have been safely passed, but during the

interval, of whatever length, which may elapse before the admission of

the Territories ceded by Mexico as States it appears probable that

similar excitement will prevail to an undue extent.

Under these circumstances I thought, and still think, that it was my

duty to endeavor to put it in the power of Congress, by the admission of

California and New Mexico as States, to remove all occasion for the

unnecessary agitation of the public mind.

It is understood that the people of the western part of California have

formed a plan of a State constitution and will soon submit the same to

the judgment of Congress and apply for admission as a State. This course

on their part, though in accordance with, was not adopted exclusively in

consequence of, any expression of my wishes, inasmuch as measures

tending to this end had been promoted by the officers sent there by my

predecessor, and were already in active progress of execution before any

communication 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 incorporation

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

self-government 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 as a State submit 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

guaranteed 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 settle all questions of

domestic policy to suit themselves.

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 very 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.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 1: Presidents Taylor and Fillmore · 第 34 / 335 题