The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-03-12

census. That being done, and the number
proving sufficient permission was granted
The act granting it fixed all the preliminaries
| the time and place of holding the convention,
the qualification of the voters establishment of
Tits boundaries, and all other measures necessa.
Try to be settled previous to admission. TheI
act giving permission necessarily withdraws the|
Sovereignty of the United States, and leaves the
inhabitants of the incipent State as free to form
] their Constitution and Government, as were the'
loriginal States of the Union after thew had de.
lclared their independence At this stage. the,
Inhabitants Of the Territory became for the first
time people, in legal and constitutional lam!
guage. Prior to this, they were, by the old|
1acts of Congress, called inhabitants, and not,
people. All this is perfectly consistent with the;
s,vercignty of the United States, with the pow.
ers of Congress, and with the right of people
| to selEgovernmcnt.
Michigan Was the first case in which there
was any departure from the uniform rule of
acting. Hers was a very slight departure
from established usage The ordinance of 's7
secured to her the right of becoming State,
when she should have 10000 Inhabitants
Owing to some neglect Congress delayed I'M
liking the census In the meantime her pop.
alatirn increased, until it clearly exceeded more
3than twice the number which entitled her to
: admission At this stage she formed Con.
stitution and Government without tile census
: being taken by the United States, and Congress
waived the omission, as there was no doubt
she had more than a sufficient number to entitlc
: her to admission. She was not admitted at
( he first session she applied, owing to some
i difficulty respecting the boundary between her
sand Ohio. The great irregularty, as to her
/ .dmi ssion, took place at the next session, but
! m point which can have no possible connec-
siion with the case of California.
The Irregularities in all other cases that have
since occurred are of similar nature. In all
There existed Territorial Government, establish
{ led by Congress, with officers appointed by the
United States. In all, the Territorial Govern
ment took tie lead in calling Conventions, and
fixing tn prcliminaries preparatory to the for
nation OF a Constitution and admission into the
Union. They all recognized the sovereignty of
j the United States, and the authority of Con
I gress over the Territories; and wherever there
! was any departure from established usage, il
Z twas done on the presumed consent of Congress,
land net in defiance of its authority, or the SOW.
Seregnty Of the United States over the Terrific.
! ries In this respect California stands alone
without usage, or single example to cover heI
! case.
1t belongs now, Senators, for you to decide
9what part you will act in reference to this un
precedented transaction. The Executive has
slaid the paper purporting to be the Constitution
3of California before you, and asks you to ad
init her into the Union as a State; and the
question is: will you or will you not admi: her!
tit is grave question, and there rests upon You
! a heavy responsibility. Much, very much, will
depend upon your decision Ifyou admit her,
/ you endorse and give your sanction to all that
has been DONE Are you prepared to do so!-
Arc you prepared to surrender your power OF
Legislation for the Territories; power ex-
kprcssly vested in Congress by the Constitution,
! is has been fully established9 Cam you, con-
I sisteatly with your oath to support the Consti-
Stution, surrender the powers Are you pre7ared
Ito admit that the inhabitants of the Territories
possess the sovereignty over them, and that any
: number, more or less, may claim any extent Of
territory they please; may form Constitution
: md Government, and erect it into State, with
/ nut asking your permission! Are you prepar-
ed to surrender the sovereignty of the United
States over whatever territory may be hereafter
acquired to the first adventurers who may rush
8into it? Are you prepared to surrender virtu-
ally to the Executive Department, all the pow
: ers which you have heretofore exercised over
: the Territories If not, how can you con<is-
tenty with your duty and your oaths to sup
port the Constitution, give your assent to the
) admission of California as State, nnder pre-
tended Constitution and Government? Again:
can you believe that the project of a Consttu-
= ion which they have adopted, has the least va
lidity9 Can you believe that there is such a
State in reality as the State of California; No;
there is no such State. 1t has no legal or con-
! gstitutonal existence. 1t has no validity, and
lean have none, without your sanction. How,
ithcn, can you admit it as State, when, accord
ling to the provision of the Constitution, your
power is limited to admitting new States. To
! bo admitted, it must be Il State, an existing
State, independent of your sanction, before you
can admit it. When YOU give your permission
: to the inhabitants ola Territory to form Con-
stituton and State, the Constitution and State
they form, derive their authority form the peo-
kple, and not from You. The State before ad-
Emitted is actually State, and does not become
so by the act Of admission, as would be the case
with California, should You admit her contrary