The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-05

the United States, and is calculated to avoid the
/ Innumerable evils which must necessarily result
from any attempt at illegal local legislation. II
Is therefore hoped it will meet the appreciation OF
the people of California, and that all good citi-
zens will unite in carrying it into executionn
To what President, and to what Secretaries of
State and War, does General Riley allude in this
paragraph! Certainly not to Mr.. Polk and his
Secretaries. He was not then President--had re-
tired from that Office three months before this
proclamation was issued. He could not, there
fore, have alluded to him, or his secretaries, but
10 General Taylor and his Cabinet, who were
then, and had been, in Office for three months
i What, TOOLS meant, Mr.. Chairman, by the fol-
lowing language, which occurs in the letter of in
structons from Mr.. Clayton, the present Secre-
tary of State, to Mr.. King, the Government agent,
dated April 3D., 1892 "You are fully possessed
o. the Presidents views, and can, with propriety,
suggest to the people Of California the adoption Of
measures best calculated to give them effect. y
Il What, Mr.. Chairman, Were those views and
what the suggestions made BY Mr.. King. TO. gixs
them effect To this question, ! have no doubt,
an answer, entirely satisfactory to the country,
| transpired there, when connected with the late
special message Of the Executive. The respon-
sibllity of this measure being clearly fixed upon
the present Executive, what is to be the result of
this pollcy--what its practical efects' California
is to be admitted now; no territorial government
\ o.,
is 10 be admitted as State, as soon as her sparse
| population has gone through the mere formality
OF holding convention. Thus, without any au-
thority from Congress, without any territorial
government, without any regular officers, without
census, without determining the qualification Of
voters, Is conceded to the people who may be found
there--foreigners although the larger portion of
i them may be--the right, at any time, to form
State overnments--establish organic laws, by
! which millions who follow them, are to be gov
| erned, and who are to receive cordial welcome
into the Union States. The result of this poll
cy must be, the exclusion OF the South from these
:. territories, effectually as the Wimot Proviso
possibly could. No portion of the North pre-
| sumo will oppose it the gentleman from Ohio,
| MIR. Giddings, will give it his sanction; the Will
mot Proviso presume, will be no longer urged
upon Congress, but this plan of the Executive
which will accomplish the same object, will be
adopted in Its stead. st%'@a ~
! Time will not permit me to pursue this branch
! of the subject further 'sEaaf
! Mr. CARTIER, of Ohio, interposed and
asked, what the South demanded in the terrific
4 ries a.a..s a. II.
Mr.. FEATHERsToN responded, that the
South regarded the territories the common prop
erty of all the States, acquired by their common
blood and treasure; that Southern men-slave-
hoders--had the same constitutional right to enter
occupy, and enjoy them, that Northern men had
| that Southern men had the right to carry with
them their slaves, or any other species of property
they might desire, and that Congress had no pow
er to exclude them. This right is conferred on
them by the Constitutions and after entering the
territories with their slaves, they entitled to all
its guarantees, and to all the protection that may
be necessary to secure them in the use and enjoy
ment of this species of property. He denied that
the people of the territory had right to settle
the question of slavery, at any time, before they
were prepared under the Constitution to clotht
themselves with the attributes of sovereignty
and assume the position of State in the Union
This he understood to be the demands ofthe South
in the territories-this he understood to be doc
trne OF non-inervention; and was certain that the
Democracy of his State knew and would subscribe
/ TO no other doctrine OF non-ntervention. H
/ shall now endeavor to show, Mr. Chairman,
that it would be violation of all precedent, and
contrary to the established practice of this Gov
| eminent, to admit California at this time What
has that practice been' Congress has generally
passed a law authorizing the people of territory
| to hold a convention, and form a constitution,
preparatory to admission into the Union. This
has not been done in every instance-t was not in
the case of Michigan, Arkansas, Florida or Ten
nessee. ll HII g..fi - at#
These are the only exceptions; for these terrific
rial governments were established by Congress,
and Michigan underwent territorial pupilage oil
thirty-two years; Florida of twenty-three; Ark
ansas, seventeen; and Tennessee six. When they
were admitted into the Union, they passed from
|
gress. A census had been taken; the qualifca-
tons of their voters had been ascertained by law;
the General Government had its regular officers
there; its governors Judges, marshals, &C., whose
4 acts could be recognized, and whose proceedings
were conducted according olaw. This, however,
is not case with California; and she can take no
shelter under such precedents as these. Vermont,
Kentucky, and Maine were all formed Of the ter
ritory of the old States and constitute prece-
dent for the admission of California. Vermont
| was formed out of the territory OF New York,
Kentucky out of that OF Virginia, and Maine out
of Massachusetts Vermont was but a part Of
the territory and population of New York; and if
New York was entitled to position in the Union,
as State, so was Vermont. The same reasoning
applies to Kentucky and Maine, and they were all
admitted under the Sd section of the 4th article of
the Constitution, which is as follows: a#
"SEc. 3. New States may be admitted by Con-
! gress into this Union; but no new State shall be
| formed or erected within the jurisdiction of any
other State; nor any State be formed by the juno
!, ton OF two or more States or parts of States,
without the consent Of the legislatures of the
States concerned, as well as of the Congress-"
There is not, therefore, a precedent ip the his
tory Of this Government, for the admission Of
California. Congress has passed no act authoriz-
ing her to hold convention; no territorial Gov
eminent has been established; no census has been
taken, the number and qualifications of her voting
population has not been ascerained; this Govern
ment has no civil officers there, known to our
laws. Why should the practice of the Govern
ment be departed from in this nstance' What is
the emergency' what the necessity If the adj
mission were the measure of compromise, calcu-
| lated to heal all breaches between the North and
the South, TO settle all questions Of difference,
and restore harmony and good feeling, it could not
be pressed with more zeal at this time. When,
however, it is known to be the turning point, the
apple Of discord the great battle-ground, on which
the whole question Of slavery in the territories is
to be met--and believe finally decded--what rea-
sons be assigned for this extraordinary coursei
| All experience has shown that established prece-
dents should not be abandoned for lighta trivial
causes. Let us adhere to them in this case t
| Again, MIR. Chairman, to whom do these tert
tories belongs Not to the people who now occu-
ply them, but to the States Of this Union, or the
people of those States. The sovereignty over
them is vested here, and not in the people of the
territories. Political power, therefore, cannot be
exercised by any in the territories, unless au-
thorized by the States. That authority can be
given through the Congress, as the agent or trus-
| tee of the States; but such power has not been
| given, and therefore the proceedings which have