Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1850-03-20

pl"puSS0 Wy llS AShd o' o'A t'o>>S"
directly 10 the consideration of that OF the
Administration. however assure the
dislins uished aud able Senator. that in
taking this course, no disrespecl whatever
is intended to hin or his plan. ! have
adopIed it because so many Senators Of
distinguished abilities. who were present
when he delivered his speech and explain.
ed his plan, aud who were fully capable
to dojus,ice to The side they support, have
replied 10 him.
The plan of The Administration cannot
save 10 The Union, because it can have no
eHec, whatever towards sa,ifyins The
States composing the Southern section of
the Union. that they eau, consistently with
safety and honor, remain IN the Union.
1t is in fact bu modification Of the Viii.
mol Proviso. 1t proposes to effect the
same ohjecl-to exclude The South from
all territory acquired by the Mexiran
treaty. Itis well known that the South
is united against The Wilmot Proviso. and
hascommtled irselfby solemn resolutions,
to resist, should il he adopted. LIS OPP
position is not to The name. butte that
which il proposes to Effect. That. The
Southern States mold TO he demonstrations
al, unjust. inconsisen, with their equality
as members Of the common Union, aud
calculated to dcstory irre.rievably The
equilibrium between the two sections
These objections equally apply n what.
viso. There is no difference between it
and The Wilmol, excep, in the mode of
effectiug the object, and in that respect
must say, that The latter is much the least
Objectionable. i goes to lis object. open
ly, boldly, and distinctly. Ii claims for
Congress unlimited power over the Ter
rirories acquired from Mexico, by posi-
live prohibition Of slavery. Not so the
Executive Pruviso. !, lakes an Indirect
course, and in order 10 elude the Wilnnl
Pr0viso, aud thereby avoid eucOuntering
the united aud determined resistance Of
the South. il denies, by implication, the
authority of Congress 10 legisla,e for The
Territories. and claims lhe right as be-
longing exclusively 10 the inhabitants Of
The Terriluries. But TO effect The object
of excluding The South, it takes care, in
the mean lime, of letting in emisranis
freely, from the Northern States and all
others quarters, except from the South,
which i, takes special care 10 exclude, by
hol'lius by them The danger Of having
their slaves liberated under the Mexican
laws. The necessary consequence is to
exclude the South from the Territory,
just as efIactually as would The Wilmol
Proviso. The only difference in this res.
pect is, that what one proposes to effect
directly aud openly, tho other proposes 10
effect indirectly and cover'y.
But the Executive Proviso, is more OBJ
jeciionahlc than The Wilmot. in another
and more important particular. The lat
ter, To effect i,s object. inhicls dangerous
wound upon The Constitution, by depriv-
ing the Southern States as joint partners
and owners of the Territories, Of their
rights in them; but it inn:cts no greater
wound than is absolutely necessary tv ef.
feet its ohjucr. The former. on the cnn.
trary, while il inllicls The same wound,
inflicts others equally great, and, it posi-
BILE, greater, as shall mex, proceed to ex
plain.
In claiming the right for the inhabitants,
instead of Congress, to lesislaie for The
Territories. in the Executive Proriso, it
assumes that the sovereignty of tho Ter
rilories is vested in the former, or to ex.
press il in the language used in a resolution
offered by one Of The Senators from Texas.
(Gen. Houston, now absen,) they have
"lhe same inherent right Of self.goverDmeul
as he people in the StaIes.' The assump-
tiun is utterly unrounded, unconsIilution-
al, without example, and contrary to the
entire practice ol the Government from
its commencement TO the present lime, as
shall proceed to show.
The recent movement Of individuals in
California 10 furm Constitution and
State Government, and to appoint Sena-
tors and Representatives, is the first fruit
Of this monstrous assumption. II the in
Jividnals. who made this movement, had
gone into California as adyenturers, aud
if, as such, they had conquered the Terri,
tory and established their independence,
The sovereignty Of the country would be
vested in them, as seperate and inte-
pendent community. Ia That case, they
would have had the right to form Con-
slitulion, and to establish government
for themselves, and, if afterwards, they
thought proper to apply TO Congress for
admission into the Union as "A sovereign
and independent State. all ihi, would have
been regular, aud according to established
principles. But such is not The case. IL
was the United States who conquered
California. and finally acquired it by
treaty. The sovereignty, Of course. is
vested IN them, and not in tho individuals
who have attempted TO firm Constitution
and Stale, without their consent. All
this is clear. beyond controversy. except
i, caa be shown that they have since los,
or heen ,livesIed Of their sovereignty.
Nor is it less clear, that the power of
legislating over the acquired territory is
vested in Congress, aud uoi, assumed, in
The Inhabitants ofthe Territories. None
can deny that the Government of The Uni
ted States have The power to acquire Ter
ritnries, either by war Of treaty; but If The
power TO acquire exists, ii belongs to Con-
gross to carry it into execution. On this
point there can be no doubt, for the Cons
stiuti"u expressly provides. that Congress
shall have power 40 nuke all laws which
shall he necessary and proper 70 carry into
execution the foregoing powers" (hose
| vested ju Congress,) land all other pnw-