The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-28
THE ADMISSION OF CALIFORNIA.

The opponents of the admission of California,
to extraordinary devices to give show of reason
to their opposition. They object that the people
of a Territory have no right to organize them
selves into State without an act Of Congress
authorizing the measure True-for in our sys-
TEN State is political community, which is en-
titled to two Senator'S in Congress, and Repre-
sentatives according to the ratio established in
the Federal Constitution No one pretends that
this right can be obtained without an act Of Con-
gress, which certainly has the power to accept or
reject the application of any community for adj
mission to the rank, title and privileges of State
stituton is ineligible enough Mem States may
Be admitted by Congress m,o the UaoH." By the
action of Congress alone can they obtain admis-
sion, and this action is left entirely to the dis
erection of that body. 1t may admit or deny ad-
mission, according to its own judgment of what
is right and proper.
But Congress is not bound to prescribe the
mole in which the People of a Territory shall
signify their desire to be admitted as State
There is no rule in the Constitution on this sub
ject The people of a foreign State, who have
maintained the rights of an independent sover-
eighty, may apply for admission to our Union, and
it is for Congress to decide upon the claim. The
application of Texas is case in point. 1t was
an independent, foreign State, with institutions
and a Constitution of its own. When it asked
admission to our Union, Congress did not go back
of the application, treat Texas as if it were
unorganized, prescribe how the People thereof
should form State Constitution, and in what
way present themselves for admission. The ap-,
plicaton was at once entertained, and decided
upon affirmativey.
Again: The People of a Territory, with Ter
ritorial Government organized by act of Con-
gress may assemble in Convention, agree upon
the form of State Constitution, and ask adms-
sion as State into the Union. Nothing in the
Constitution forbids the act, which, after ALL is
but an expression of their own will, not emitting
them to the rank of State until it shall be rati-
fed by act of Congress The People of the Ter
ritorics of Michigan and Florida, it is stated
thus organized respectively their forms of State
Government and asked Congress to admit them
as States
In other cases. Congress has taken the lead in
the passage of acts authorizing the People of Ter
rtories to organize the forms Of State Govern
ments.
Ii is manifest from this brief review, that,
so far as the Constitution is concerned, there is
no rule whatever prescribing the d@eeedents or
prelia,maries of an application by any political
community for admission into our Union as a
State-no rule making the validity OF its APP
plication dependent upon prior act OF Congress
authorizing the application-that no inference
can be drawn from precedent against the right Of
people to organize the form of a State Govern
ment, and seek its recognition by Congress, with
out any antecedent act by that body on the sub
ject because, while there are prSVedents in favor
of the exercise of this right none conflicts with
it,
The case of California is somewhat peculiar.
Unlike Texas, it is not an independent a foreign
State; and unlike Michigan or Florida 1t has
been provided with no Territorial Government by
Congress The Territory was under the sover.
eighty of the United States, while the Govern
ment was a de facto Government, existing from
the necessity Of the case and by the liberation Of
the People But it is obvious that this differ
euce, 80 far from initiating against the action OF
the People of California, corroborates its pro-
priety. Fer, If the citizens Of a Foreign Sover-
eighty, without prior action on the part of Con-
gress, may take preliminary measures, and make
application for admission to our Union, much
moro may the citizens Of portion of territory
under our own sovereignty. And, If the People
of Territory, under Territorial Government
provided for them by Congress, may, without
prior act by that body, and in disregard Of the
presumption thata Territorial Government is all
that Is needed in the judgment Of that body,
assemble in Convention, form the plan Of a
State Constitution, and ask admission as State,
as did the People Of Michigan and Florida, with
much greater reason may the People Of Terri