The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-06


gress have right oregulaie or impose conditions
upon sovereign State, to the provisions OF its
constitution but Il is equally true that there may
be provisions which would render it proper for Con-
gress to refuse admission into the Union Of the State
which adopted them. The right to form govern
ment is one thing, but the right to come into this
confederation 10 another that do not hold
trustees for the inhabitants of the Territories alone
neither have they a right to demand admission I'M
conditionally into the Union as a matter of right
We learn much from contemporaneous history
The ordinance of 1883 provided that the States to
be formed out OF the northwest territory should
adopt republican constitutions-a provision which
enables US TO understand what 10 meant by that
provision in the Constitution which guarantees a
republican form of government TO each Of the States
The people who form must be able to understand
and create republican form of government, be-
foro Congress could exercise sound discretion in
the admission of such State. The substitute of
the gentleman from Virginia Mr. PREsToN) con-
templates the admission Of the State OF California
without any review Of its constitution, on given
day, upon the announcement OF the organization Of
State governments government which might
establish religion, contain many provisions
which conflict with the spirit of our institutions.
The article Of the Constitution which provides
that new States may be admitted into the Union,
certainly contemplated the existence Of those
States, composed Of such elements as were congo
NAL to those States which already composed the
Confcderacy. The power is one of discretion, and
should be soundly and discreetly exercised.
State is sovereign, and votes equally in the Sen
ate; and the substitute proposes to give two MEM
bers in the House of Representatives. This is evil
IDENTIFY and conclusively unconstitutional, as repre-
sentaton is to be apporoned TO population, except
that no State shall have less than one representa-
tive. The population of the whole territory Of New
Mexico, excluding savages, does not amount TO
and if this arbitrary apportionment Of representa-
tives be allowed in the formation of States, there
would be no limit to the abuse. But the radical
defect is that State is created by the consent of
C,,,nr and do rtatn Vuith
reference to the character of the government which
she may adopt, or the fitness of the population to
form or appreciate republican institutions Sir,
why this expedcnt to settle this territorial difficult
ty? Did not almost all the southern representa-
tives VOTE in the last session, for the Missouri
promise and the Clayton compromise bills! Was
not the last bill objected to by the extreme Free
Sellers, yielding too much to their southern fell
low-citizens in giving them barely chance in the
courts; and by some southern gentlemen, because
they believed that it abandoned all to the North3
:, And what do we gain, sir, BY this expedienti
multitude, with none of the elements Of Statesman
ship or political experience, ought to be intrusted
with the great task of fixing the foundations of po
tical institutions for posterity? Ought we to
clude that this scheme win secure protect south
citizens in emigratng with their property into
these Territories? Sir, It is but another form
of the Wilmot proviso, with this difference--it is
equally effectual in excluding us, by admitting the
territorial sovereignty to be exercised by popu-
lation averse to our peculiar institution, embit-
tered, however, by the reflection that we fix it on
majority it is an affair sir which power imposes;
if we vote for State government before emigra-
ton has given the southern States chance, we
fix it upon ourselves. Believe me, sir, that this
expedent will never satisfy thinking men of the
South. We all must know, that, if the formation
Of State government be hurried now, slavery
must be excluded
To vote for this bill is to seal forever this ques-
ton against the South. was much pleased to
find my friend from Kentucky (Mr. MoREHEAD)
still conding in the conservative veto of the Presi
dent. ] listened with pleasure and with profit to
his remarks. am for resisting this policy BY the
sured that the adoption of the Wilmot proviso,
either in its terms in its spirit, must be produc
tive of fatal results.
Sir, use no language of menace-it is both
manly and unbecomingi but when every legisla
ture from Virginia to Florida, has spoken out in
resolutions which manifest deep sense of injus-
tce, and purpose Of resistance, it becomes US TO
pause. Ihave heard with pain several gentlemen
speak with but small respect of the revolutions of
legislatures. In the best days of republic il
not Congress listened with respect, and
received with courtesy their communications, and
they were usually regarded safe indications of
the popular mind But sir, those days have passed.
The magnifcence of this central Government has
ecpsed the modest pretensions of the State insti-
tutions; and those sovereign States to which we
owe our allegiance are sneered as Insignificant,
and their voice disregarded. II is not the least
distressing indication of the times that all State
rights politicians considered abstractionists,
and that the commanding power OF great central
Government threatens to absorb all rival authority.
Those State sovercignties whose original light was
intended to give lustre TO the federal power, are
rapidly becoming rehectors, instead Of genera
tors their governments, at first seeming TO revolve
around this centre, were, in fact, within the inlu-
of great political whirlpool each successive
revolution makes the heads OF statesmen more
giddy and comes nearer and nearer TO the centre,
until all will be overwhelmed in the vortex Of con-
solicitation. Congress, who, under the Constitu-
ton, was authorized to admit new States, is now
supposed TO have the power to create them and
fear il will next be discovered that the power
which create has the ability to obiterate from
existence a refractory member of the Confederacy.
Sir, fully appreciate the patriotic motives of
the gentleman from Virginia (Mr. PREsroN,) in
the substitute before US. ] sympathize most sim
cerely in his deep anxiety to give repose and
final adjustment to this disturbing question. But,
sir. his bill cannot effect that object. Should
State government be formed excluding slavery,
the South will not be satisfied, because surface
equal to one fourth of the United States has been
taken from them by the population of conquered
the WORLD the mineral wealth of these regions for
ever lost 10 them by the vote Of those who have
been conquered by their valor, and all the advan-
ages Of position and OF prosperity at once secured
TO favored portion Of their fellow citizens Should
they fail TO make government within the limited
time, IAN event almost absolutely certain) then
the question comes back TO us, combining more com
plicated elements of strife and of difficulty An
navy, who, until the last of October, acted as col
lector of the port of Monterey the Pacific, i'm
formed me that the combined population Of Califor-
mia proper, west Of the Sierra Nevada did not ex-
coed fifteen thousand-a population less than that
of either Of three counties in my own district;
that such the intense interest for gold hunting,
that il was impossible for him TO get the citizens
there TO elect the alcade or judge; and that he
actually was compelled TO keep open the polls for
several days, without precedent law, 70 effect
an election. He promptly affirmed that he did not
believe that the occupation Of gold digging would
be abandoned for length of time sufficient TO
stitute the elements OF government according TO
the provisions of any law. The people Of Califor-
MIA think themselves, and in a communication
have before me ask territorial government ms
the one best suited TO the
Sir, feel assured, in supporting a territorial
government in California, am carrying out the
expressed wishes Of the Executive, who, with much
wisdom, has decided that this ia the government
which they need. II he had changed his opinion,
he would doubtless have communicated the same
TO Congress in message.
1 am profpundlv conscio,is ar. of the dutv which