The southern press., 1850-09-03
AS soon as the scheme of the Administration

| was invaded, the Constitution of the United
States and the laws of one of the States of this
Confederacy were violated, in selecting the agent
to carry it out. The Constitution of tbs United
States declares that "no person holding any
office under the United States shall be mem.
ber OF either House during his continuance in
office" Now, sir, the object of this provision
OF the Constitution is very evident BY the
Constitution the appointment Of all officers OF
the United States, except some inferior ones, is
conferred on the President; and it was to ex-
empt the legislative department from the control
of the Executive that the provision was designed
The penalty for uniting an executive with the
legislative office is The forfeiture of the latter
which the trainers of the Constitution, who so
highly priced the honor of being a representative
of the people, supposed was the severest penalty
which the ease admitted Of The laws Of Geor-
gia declare, in the most explicit terms, "That no
person shall be elected Representative in Con
gress who has not been an .inhabitant OF this
State three years next preceding his election,
and paid his tax regularly during that time; nor
shaA he hold any office Of pre6 under this State
or The Unied StatsS during the time f0r Which he
may be elected a Representative" And they re-
quire these members Of Congress, within twenty
days from their election to accept or decline the
Office Of Representative, and provide for new
election in the event of their failing to do so.--
Il. Butler King had accepted the Office Of Il
Representative of the State of Georgia; had
become a member of the House of Representa-
tives, and enjoyed I'LL of its prvieges-the frank
ing privilege, the exemption from militia duty,
and from arrest in coming to the seat of Gov
ernmcnt. Notwithstanding, he was despatched
by the Executive to California under the pay OF
the Government.
\Nhu b,, tad f,,r hat Ia,
ference to tens of thousands of others as well
qualified, who could have been sent upon it
without the violation Of the laws to which have
referred? He was selected because he was a
member of Congress, and especially because he
was member from Il Southern State. The
transaction itself makes this perfectly evident.
The object uf the Administration was to avoid
the issue Of the Witmot Proviso. The ready
mode to do this, it was thought was to induce
the people Of California to adopt State consti-
tuition, and apply for admission into the Union.
But it was not without its difficulties. There
was no law to authorize it, and to convene II
convention under military authority by which
the mode Of elccting its members and the quail
ication Of voters was prescribed, was extremely
irregular, and at war with the spirit of our free
institutions; and it was to- have been antici-
pated, would be resisted by Congress, by whom
these prerogatives had heretofore been exer-
ciscd. And then, if they formed a constitution
without n clause prohibiting slavery, it was
known that the North would either resist her
admission and insist upon territorial govern
ment with the Wilmot Proviso, or do as they
had done in the case of Mr.. Prcston's bill, ngratt
it on the State constitution, and thus compel the
Executive, in either event, to meet the issue.
And on the other hand, it was supposed that if
they excluded slavery, they would meet with
difficulties mt the South, who would thereby be
us eitectually excluded from the Territories as
by the Wilmot Proviso.*
In the California Convention Mr.. SHANNON
said
"When this proposition comes before them,
Southern manifestations from the savehoding
States-will see that it strikes from beneath their
feet an enormous tract of country into which they
desire to introduce slavery hereafter Add to that
the further argument OF the enormously extensive
territory that it includes and then add to that the
further argument, that large portion of that ter
ritory has not been represented in this body-that
the feelings and wishes of the population are not
known-and | think you leave open ground
enough for them to build an argument upon that
will defeat your co Institution; that you at least
bring all those difficulties which gentlemen hope
ITO avoid directly to bear against ia result which
every gentleman here, have no doubt, honestly
seems W u|Oiu. llcSc are SuliltillS Which you
cannot get over"
In this dilemma, q member of Congress from
Il Southern State, if he was willing to do so,
could cooperate most effectively with the
Executive. AS Il member Of Congress Of long
standing, and who could speak with some show
of authority, he could do much to remove ap-
prehensions on the first point, and rs South
ern member also, he could do much to remove
them on the last; and thus secure the adop-
ton of Il constitution acceI t.blc to the Northern
majority, by whom California would ut once be
rs a State BY this scheme the issue
of the Wmot Proviso would be evnded, and
although the South would be MS ctectually en-
cluded from the Territory as if the proviso had
been applied, it was hoped her people could be
quieted by being told that what had been done
was the result of her own doctrine Of non. inter
vention, and the right Of the people upon whom
they were to operate, to frame for themselves
their own Institutions But that doctrinc pre-
cudes the Intervention of any authority Of the
Executive, even more emphaticalIy than Of Con
gress; and that right is Il mockery if it be cxcr-
ciscd under constraint ofany kind.
But other causes, besides the anxiety of the
people of California for IL government, which
had been. refused them by those now protesting
to be their especial friends because it was not
coupled with the unconstitutional proviso, pow
erfuly contributed to the result which we now
have in her constitution the most prominent of
which is, the state of society there. The slave
holder being kept out Of California by the
threat of the Wilmot Proviso, which has been
constantly held over him, most of her popua-
ton are men without capital, who have been
eatced there by the prospect Of sudden gain.
Few have gone there with the view of 4 pcrinl-
nent residence On the contrary, most Of them
with the hope of fspcedy getting riches and re-
turaing to the Atlantic shore to enjoy them.
But little land is appropriated in the gold region,
and the business ofmining has not assumed the
character of regular pursuit, to be carried on
Systematically and by the organization of capital
md labor On the contrary, to use Il homely
but expressive phrase, every man is working on
his own hook" In this condition of things, the
fewer competitors they have the better for them.
Such people, under such circumstances, would
of cource exclude slaves, however desirable they
might be to them under other circumstances.
1t is for the same reason that the people of Cal
itOrnil are now attcmOtiDp to eXpcl forcioncrS