The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-11-09

or would snc stlll tensan 10 tho Union With1
out expressing any opinion on this point, may
assume that unless such would be the result,
the ballot box is no remedy for the abuse of
power by Congress in the admission of new
State into The Union. Where, then, is it TO be
found, if not in the Judiciary, the Balot-box or
Congress for no one supposes it to rest with
the Executive. Congress is absolute its will,
once pronounced, is irrevocable, however cor
rupt, illegal and oppressive, or the remedy is to
be found outside of the Constitution. To sup
pose any department of this Government is abb
solute, or to speak more correctly, to admit the
doctrine that Congress enn pass laws only limit
ed by its discretion, which, approved by the Pre-
sident, are unalterabeani Interchangeable through
all time, and which are binding aud obligatory
upon all the people ofthe several States, clearly
comedies that the trainers of the Constitution
have fastened upon the country that the intended
TO be free, despotism far more hateful than
the absolute will OF a monarch. What tyran-
ny is so oppressive as that imposed by majorities
with no limit or restriction? Where rests the
remedy, for the abuse of power by Congress, in
the admission Of new States into the Union
The answer is, ii il cannot be found in either
the Legislative, Executive or Judicial Depart
ments Of the Government, or the Ballot-box, it
rest with the people of the several States, pre-
cisely TO the same extent they enjoyed the right
TO change and repeal unjust and oppressive laws
us States, before the Constitution was formed.
Either this is so, or the right by people To re-
dress wrongs ilseparable from all good Govern
ment, was banished by the adoption of the Con-
siitution. 1t either rests with the people Of the
several States, in the capacity OF States, or it
does not exist; and it would be worse than
idle to say, that any people are, or can be free.
except in name, who are bound in all coming
time, by the unalterable enactments of Congress,
with no other limitation on its powers than its
discretion. ..... s .....-.-# a.s .
Look to the facts and circumstances which have
become part of the congressional history OF this
country, connected with the admission of Callfor-
nls State into the Union, and let us see from
that record of passing events, what security for
rights is to be found in the unbridled discretion
commended for by some 10 exist in Congress IN the
admission OF new States. The language of the
Constitution is :" new States may be admitted by
Congress into the Union" Under this provision
Congress claimed and exercised the discretionary
power to decide, first, that the territory of Califor
MIA State and secondly, under the
constitution she presented, should be admitted
into the Union. And this, it is urged, is perfectly
consistent and within the legitimate range of sal
utary, unavoidable, and indispensable discretion
over this matter by Congress, and cannot he in
quired into, questioned or remeded in any form
whatsoever. How did Congress arrive at the con-
cluson that Californla was State? What clause
of the Constitution gives Congress discretion over
this question 1t is nowhere to be found. But 1t
is commended, that the Congress may admit new
States into this Union upon its discretion. Con-
gress is vested with like powers of discretion In
determining for itself what constitutes new Sta e;
and this is claimed as nece, sary and proper IN
ctdent OF the power to admit new States. 1t was
by means OF these most unwarrantabe ossump-
tons of discretionary power, that the f,granL
w, RIGHTS am the riubts oP The
people of the saveheding States has been perpe-
trated.
Bear in mind there is a clear distinction be-
tween the constitutional power Of Congress to Gre
ate or make, and the power to admit new State
when it is made The citizens of the States NOV
ing to and residing in territory of the United
States, acquiring interest in the soil, or perma-
nently located, in sufficient numbers, by the per-
mission and sanction of Congress, can organize
State government, and such people, 1t would be
competent for Congress 10 admit into the Union.
But the power to admit into the Union an unor-
ganzed body of trespassers upon the public do
main, were the people of California, is not to
be found in the Constitution, In express terms
by necessary implication.
Now, was California State, in point of fac,
at the time it was admitted into the Union /? Mr..
Clay, in the debate on the bill for the admission
Of California, asks tue question " What is State?
What makes State?" and he answers his own
question :. Go to the elementary writers, and
they " i'll tell you people, territory, certain land
marks of qualifications, which are defined IN all
the books" This was the answer Of Mr. Clay,
and the best he could give to Senator on the
floor Of the Senate, who denied that California
was a State. But for one moment let IS if
people and territory alone constitute State
in the meaning OF the Constitution, and if Con-
gress is competent to admit them into the Union,
it, in the exercise of tina. power, no regard is to
be paid to the number of the people, or the extent
of territory constituting the State. Suppose one
thousand Peruvians, like number from the
islands of the Pacific, had landed in California,
taken possession of the public lands, called con-
vention, formed constitution, eet ted their sena-
tors and representatives, and demanded admission
into this Union, would it have been competent for
Congress to have admitted them as State p
Would the South have submitted to gross an
abuse of power? Let Mr.. Clay answer this ques-
tiOn.
In the same debate and in the same speech of
Mr.. Clay to which have referred, he says: 81
contend, if people form constitution, do mol
iohat sort Of people they are, Of arhat color they
are, cha right they haze TO the soil, hop they
there, ,oheiher for temporary or permanent purposes,
and if Congress chooses, upon the presentation Of
the constitution framed by such people, to admit,
Congress has the power TO do so. -, Here then
we have bold and undisguised avowal of the
principles upon which the majority in the Senate
acted in the admission of California. So irregular
ard so incomplete was its claim to admission, that
the great leader and chairman of the committee, in
defer ding the measure against the unanswerable
arguments delivered on the occasion by your own
distinguished senator, Mr.. Berrien, and Judge
Butler, of South Carolina, and others, was forced
to assume ground that should arouse every man
in the South. For one moment think of I. That
it matters not ,vhat sort Of people, whether bond
free, g ,chat color they are. Mark this, for he
embraces the African slave with the white man,
as well as all othermrermedate shades, colors and
conditions of the human family. He cares not
,chat right they hare TO the soil, how they came,
whether for temporary or permanent purposes, II
Congress " chooses it has the powsr to admit
them into the Union upon the presentation of
constitution. These the powers claimed for
Congress, in the admission of new States. -
Let us follow out some Of the consequences Of
the principles involved in the admission of Cali
forEa. Suppose there colony Of fugitive
slaves to take possession of the public domain in
a territory of the United States, and having gone
through the formula that California has, (for MIR.
Clay says it matters not " what sort of people
they are, -" or what color they are,'if Congress
chooses, upon the presentation OF the constitution
formed by such people, Congress has the pow err
to admit them,) would you submit to it, And if