The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-10-22
protection of the right. Of property Of its coastl

tuents.
It provided puuishnents for the burglar, in
Ieendiary, kidnapper, the seditious Abolitionist,
and all others who may invade property; yet
never supposed it had power to alter the title Of
the humblest citizen to the most insignificant
item. except for public use" and on payment Of
its rdltlens
Itproclaimed the same limitation as resting
upon the Federal Government. Ample as the
powers Of the Federal Government are for the
protection of the rights of the master on the
common ground Of the Confederacy, it is power
less to impair or 10 authorize Others to impair
those rights. In my Judgment the resolves of
the State in 1913 contain just exposition of
the rights of our citizens and the duties Of the
Federal Government. ~....
The question now occurs, have these rights
been respected and those duties performed by
that Government? The history of the admis-
sion of California to the Union is known to you.
A prominent and influential Senator who gave
cordial support to the bill for her admission,
(Afr. Smith, of Conn., bears this testimony on
the subject: "The convention which framed the
constitution of California was held without
authority of law II is said there are prece-
dents for California. But this deny. In all
other cases there were organized governments.
But not so in California. Society was there in
a chaotic state There was no law fixing the
limits to be represented in the convention, laying
off those limits into elective districts, declaring
the time, place, and manner Of choosing dele
gates, establishing the qualifications of electors,
or the right OF suffrage, or determining the place
OF holding the convention. In these respects
the case Of California is wholly unprecedented.
and the constitution in point of validity little
better than waste paper" . ...... ..
/ have been told, sir, with great confidence,
that the constitution was written in the United
States and carried to California. The conven-
ton was called by a military commander, acting
in a capacity not warranted by laws, who pre-
scribed the form Of election and the number of
delegates. His proclamation, it is understood,
was proposed by a cabinet officer, and contains
opinions of a character so significant that direct
your attention to them ..
"The situation of California is almost identi-
cal with that of Louisiana, and the decisions of
the Supreme Court, in recognizing the validity
of the laws which existed in that country pre-.
vious to its annexation to the United States,
were not inconsistent with the Constitution and
laws of the United States, or repealed by legili-
mate legislative enactments, furnish us clear
and safe guide in our present situation. IL is
important that citizens should understand this fact
SO US HOt ~ eNuuHyT WeH properly, dHb HUOtDe
Aemslpes in useless and expensive Legislation by
giving countenance 10 persons claiming authority
| Dhich is not giuen them by lao, and by putting
faith in laos aohich neuer can be recognized by
| legitimate courts"
| suppose that no mar can misunderstood the
cautionary allusion in the last sentences. ! in
terpret that clause, as advising the inhabitants
of California that SLAVE property could not be
safely introduced or purchased by them. With
| the potential declaration of the only authority
affecting to be legitimate, that slave property
was excluded by laws in force, and convinced
AS they were that the success Of their scheme
depended upon the perpetuation of those laws,
it is not strange the caucus arrayed itself against
| the Southern States.
The constitution thus formed, was submitted
to Congress. Grave men could hardly maintain
their countenance, in discussing it; all were
bound to acknowledge it was "waste paper"
1t is acknowledged that violations of American
principles occurred in the adoption of it, such
never before received liberation. This made no
barrier to the admission.
Heretofore, some thought has been bestowed
upon the quality of the population of the State,
and their fitness to perform the functions of self
government, before .the unjust privilege is con-
ferred. There were no domestic relations in
California. The sottening and civilizing influ-
ence of family schools, worship, diversified pur-
suit, stable settlement and permanent abodes
have not reached there. Men of every nation,
kindred, people and tongue have fastened to its
coasts aud mines under one domineering appe-
tite. "Society is in q chaotic state" Thus with
constitution prepared in mockery of the sober
notions and orderly habits of our country, and
| put in force in such tumultuous and uniformed
| community, senators and representatives APP
peared before Congress and demanded to WELD
the sceptre of the Federal Government. 1t has
been usual to obtain some authentic and official
statements Of population in order to settle the
ratio of representation, and grave doubts were
entertained whether, of such population as Cali
fornia had then, there were numbers to warrant
true representatives. There was, however, in
the waste paper" sent forward by California, a
panacea of al-healing virtue for these or greater
disorders. This was the Wilmot Proviso. Cali
fornia was received with open arms.
The question is, have we any redress! The
| judiciary furnishes none. The courts of Cali
farnid hold their offices by that Constitution and
the Supreme Court of the United States has no
Jurisdiction to enquire of its validity. In the
language of one of the ablest of the judges
who has graced that court, "when constitutions
and laws are made, and put in force by Others
then the courts, rs empowered by the State or
| Union, commence their functions, and may de-
eide on the rights which conflicting parties can
legally set up under them, rather than about
their formation itself. Our power begins after
theirs ends Constitutions and laws precede
the Judiciary, and we act under and after them,
and as to disputed rights beneath them, rather
than in disputed points in making them. We
speak what is the law jus dicera. We speak or
construe what is the Constitution after both are
made but we make, raise, or control neither"
The admission of Austria or Naples into the
Federal Union could not be revised in the Su-
preme Court. Neither is there chance of re-
dress from Congress, even if Congress had not
exhausted its power in the consummation Of the
1 act. Congress is the perpetrator of the wrong,
4 and is much more disposed to its repetition than
redress. The plain result, then, comes to this
That it is case in which there is no redress,
save from the action Of the aggrieved States
They may refuse to confederate with the in
| truder This 10 their only remedv