The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-03

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the Wilmot Proyiso, yet in both these cases the
majority in Congress expressly refused to repeal
| or suspend the Mexican laws, which were sup
posed to interdict the introduction OF slavery into
these regions. The doubt and danger, therefore,
which surround its introduction into these terrific
ries amount to an actual prohibition, and SO twas
considered BY the majority in Congress, who
stood ready, had the emergency required it, to
stop the extension of slavery by positive prohi-
bition.
May not, then, be justified in asserting that bv
these measures the slave holding States have been
virtually excluded from the use and enjoyment of
every acre Of the vast public domain acquired
from Mexico. @'@
Even this is not all we have to complain Of By
one OF the bills Of the series, ten millions of dollars
of the public moneys, raised by taxation from the
industry of the country, have been voted to pur-
chase from Texas portion Of her soil, for no
other apparent object than to convert it to Free
| soil purposes" Would it be greater stretch OF
power to apply the Federal treasury to the pur-
chase Of their slaves, to make them free'
will not, however, dwell upon these incidents.
My purpose leads me to examine the act of Con-
gress admitting California, with reference to its
character, its bearing upon the political destiny of
| the country, and its effects upon the Southern
States in pecuniary point of view. To COM
mence with the last. The value Of slaves depends
upon the demand for their labor. The history of
the cultivation Of our great staples shows, that
this value is permanently enhanced by the open
ing of new fields Of labor. The immense profits
| which have and still continue to reward well di-
rected industry in the gold mines Of California,
exceeding those which have ever flowed from
mere labor, unmixed with capital, or mechanical
skill, would have furnished demand for the an
plicaon Of slave labor, inexhaustibIe in extent,
and infinite in duration Had this wide field for
investment been open to the slave labor of the
| Southern States, wages would have risen, and
consequently the value Of slaves at home would
have been greatly enhanced. Many hundred mil
lions of dollars would have been added to the
capital ofthe Southern States, had they been merely
permitted to avail themselves Of the benefits to
which they were entitled under the Constitution
of the United States. Had the common territory
acquired by joint valor, and purchased by Joint
treasure, been honestly and fairly open to their
use and occupation as joint propretors had equal
even handed justice been extended to them, they
would now be rejoicing and exutant in the activ-
lty, energy, general prosperity, and, above all,
confidence in the future, which would have been
impaired by such expansion. To this estimate of
the pecuniary interest, lost to the South by the
unauthorized interference Of Congress, NAV prop
erly be added the probable enhanced price OF our
great staples, caused by the Abstraction Of por-
ton OF the labor, now employed in their growth,
and threatening in time over production Had
these profitable and permanent fields Of labor been
left open to US, all fears Of such results would
have been forever dissipated.
These estimates Of pecuniary interest are fair
and just. They are founded upon the fixed opin-
ion of almost every well informed person among
US, that had the Government dealt Justly, and left
these territories free and open to the people of the
slave-holdlns States, for reasonable time, large
portion OF them would have eventually come into
the Union as slaveholding States. But deeply as
this measure may have affected our pecuniary in
teress, 1t IS far more important when regarded in
its political aspect. The admission of California
has furnished for all time to come, a most danger
Gus precedent of Executive interference, in the
creation of States. BY its admission, it is now
conceded, that the first body of adventures who
may chance to assemble on the public domain,
may usurp absolute dominion over it, and appro-
pirate 1t to themselves, regardless Of the rights of
the people OF the sovereign States Of this Union.
| The precedent is now set that no legal authority,
civil organization, enumeration Of inhabitants
qualifications Of electors, or other formalltes are
necessary to constitute State, or to admit her
into the Union, provided the institution of domes-
tic slavery be excluded.
Who cannot see in this violent, hasty, and un-
precedented act Of ushering State into this Union
the purpose of unsetllng the equilibrium between
the sIaveholding and on-savehoding States
And how long will it be, before this monstrous
precedent will be resored to- to create and intro
duce other new States for the purpose of attaining
other antl-savery objects. The whole character
and structure of our Government has been changed
by this act, and the principle admitted that new
free States may be created ad ibitum. And how
has this been done' | assert, by a most fragrant
violation not only Of the principles of Justice and
equality but also by breach OF the constitutions
compact between the States. mean to say, tina
! the act of Congress admitting California, although
not question cognizable by the judicial depart
ment, was Irregular, unconstitutional and void, as
to the other States.
The power granted to Congress over the terri
tory, or other property belonging to the United
States, necessarily excludes the assumption that
| riuht Of nr Of -
the inhabitants Of the territory while SUCH because
the authority delegated to Congress is utterly in
consistent with the existence Of such sovereign
power in the inhabitants. This right of sover,
eighty over the territory, not resting in the inhab
itants under the Constitution, must reside in tn.
States, the people Of the several States of thu
Confederacy. Their ownership Of the soil, RICH
of eminent domain, and sovereignty, are joint ant
equal.
The Constitution of the United States confers
upon Congress the right to admit into the Union,
'new States, not territories, and as they are to be
admitted on an equal footing with the original
States, they must be necessarily at the time OF
their admission political communities, possessing
all the rights and attributes Of sovereignty. As
the inhabitants Of the territories do not possess
sovereign power, there must be some act on the
part Of the States, who do possess it, equivalent
to a grant, by which that power, before residing
in the States, becomes vested in the inhabitants
OF the territory. This act must be performed by
Congress, the constituted agent of the States and
the power to do ii is included in the delegation OF
athority TO ''admit new States
The act of California, erecting herself into a
State, and assuming the attributes Of sovereignty,
being without such authority, was not predicated
on her territorial relation to the United States nor
by virtue ofauthority derived from the Constitu
ton. 1t was in fact revolution, a seizure Of so
ereignty and a confscation of the right Of soil
which belonged to the States.
| am aware that it is claimed, that as, Congress
possesses the right to admit new States, and nc
specific limitations are placed upon the exercise o.
that power, they may at option overlook any ir
regularity which may have occurred in the pre-
pnration for admission. But this right must neces
sarly be governed and limited in its exercise, by
the spirit Of the Constitution. The assumption
ofthe right Of Congress to admit new States with
out limitation, and without reference to other pro-
visions Of the Constitution, would imply the pow.
err in Congress, in the case Of California, to give
validity to an act, which by the Constitution is
not only irregular, but absolutely void. This in
wolves palpable absurdity. The assumption i'm
plies the ability on the part Of Congress, to adopt
as their own, an act void and forbidden by the
instrument, from which they derive their whole
mower over the subject.