The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-10


spires, the patriotism which attaches them to the
Constitution and the spirit which will emboden
them to maintain it. -
- CHARLES J. M'DONALD.
MARIETTA, I'd December, 1850
From The Cherokee (.liarielia) .4dpocate.
ADMISSION OF CALFoRNIA.--Itis frequently said
by those who defend the late measures Of Con-
gress that there "sone 1eguLartes IN The ad-
mission Of California ,chtch Congress had right TO
,caire." Have those who say this, ever consld-
cred seriously what these little Irregularities
really arei Or do members of Congress, by a
long course Of political trickery and traffic, and
party maneuvring to secure the " spOils," at last
gain that same accommodating cast or conscience,
which among horde orbanditti, regards robbery
and murder as petty peccadl,ios, hardly worth
thought Let us recur briefly to some Of these
improprietes' and " Irregularities A terri
tory is presented for admission as a State, as
| large the eleven States of Maine, New Hamp-
shire, Vermont, Massachusetts,, Rhode Island,
Connecticut, New York, New Jersey, Pennsylva-
MIA, Delaware, and Mary and, with sea coast on
the Pacific as great in extent as that or the Attain
tic States, South Carolina, North Carolina, Vir-
GINA, Maryland Delaware, New Jersey, New
York, Rhode Island and Connecticut. What is
its pepulation? Not more than that of the 9th
Congressional district Of Georgia, whether we re-
gard the actual vote given in or the supposed
population.
Now let us bear in mind that this vast territory
was the common property OF the States OF the
Union, purchased by the common blood and trea-
sure, and that its inhabitants were mainly for
egners, intruders and squatters. Yet, this pop
ulaton under the pressure ofinfuences from with
out, assumes to enstamp the Wilmot Provlso up
on the whole immense domain, over hundreds and
| thousands of square miles, on which no foot, but
that of the wild Indian, had ever trod. The Ex-
ecutive and Congress first made this course una
vodable, and then adopted and legalised it. In
the language Of Secretary Clayton, they suggested
these measures originating with the people OF Cali
fornia. Congress had refused Territorial gov
| eminent, until slavery should be excluded. 1.-The
President could not meet the question of the Will
mot Provso. The South lrould not submit to this,
and the North would not be satisfied without it.
The result was, that u State Constitution was
vamped up through the instrumentality of Militia
ry officers of the government, and few ambiti-
Gus individuals in California, who longed for the
high Offices in the gift Of the State.
Let US recur briefly to some OF the documentary
evidence connected with this monstrous combna-
ton Of trickery, fraud and usurpation. General
Riley called the Contention, and not the people OF
California In his proclamation, calling It, he not
only usuped the authority to name the Districts,
fix their limits the quail fcations Of poters and the
number of delegates, but dictated what the
ton should do. And in that proclamation, contain
ing such monstrous usurpation, he declared that
This ras The advised by the President and by
| the Secretaries Of State and OF Var Of the United
Siates." Mr. Buchanan and Mr.. Marcy have
both cmphatcally denied that they or MIR. Polk
ever advised this. But President Taylor said in
his message i did not hesitate 10 cypress TO The
people Of those Territories nay desire that each Terri
tory should, prepuredto comply acith The acquisitions
Of the Constitution Of the United States, form plan
of Stale Constitution, and submit The same 10 Con-
greSS icih prayer for admission into The Union as
State"
| Mr.. Clayton, Secretary Of State, in his nstruc-
tons to Thomas Butler King, after reminding him
that he fully possessed Of the Presidents
views, tells him to assure the people Of California
of The sincere desire of the Erectipe Of The United
States TO protect and defend them IN the formation Of
any government republican in its character hereafter
10 be submitted 10 Congress-" What else could be
referred to in this, but State Government?
Gen. Riley in lis despatch of June 80, l849, af-
ter stating that he had postponed all action on this
subject till he could ascertain what had been done
by Congress, says that after ascertaining that
Congress had ad ourned without organizing a
territorial government for California, he had is
sued his proclamation the Sd OF that month. In
this despatch he says, "Ihe course indicated IN my
proclamation ,r be adopted by the people almost uan
imo,,sy and there is no,c little doubt thai the
convention ilt meet the LIST Of September, and form
State constitution TO be submitted TO Congress in The
early part Of The coming session. n tso prefer ter
ritorial government, but think majority toH be in
aror oa State organization, so as to Avoid all trh-
| or difficulties respecting the question Of Slarery.'
Mr.. Crawford, Secretary of War, in despatch
of August Oath, distinctly approved Gen. Riley's
course, and said regarding his proclamation of
the 81 of June, H is seen rih great sotifac"a thai
uo,tr propositions haze been accepted ri great cheer
rireSs aud alacriy, ercept in eic instances ,chere
it supposed selfish and unpatrotic motres prevailed
IL our space would allow, we could adduce further
documentary evidence, gong with the above, TO
show conclusively that the application Of Caifor-
MIA for admission State, had its origin in the
usurpations of Gen. Riley, with the consent and
| lr>ft ha 'ha yhn1a good
ing was Executive measure. The President
and Cabinet had no authority to direct sanction
the formation of State Constitution. They ex-
ereised usurped legislative power And Con
gress by the admission Of California, gave validi-
ty and effect to a tissue Of wrongs and fraud which
had, and could have no force till so sanctioned.
In SO doing, Congress virtually enacted the Will
mot Proviso, which was incorporated into the
Constitution to secure its adoption. The inhabi-
tants who merely obeyed the orders and carried
out the suggestions Of the Executive officers had
no valid right or legal authority to constitute
State. The whole proceeding was vioatve of the
rights Of the South well the principles Of
Justice. For the application so gotten up did not
constitute California State. 1t was, as consid-
cred by the Georgia legislature, pretended State.
And when it is argued by the apoogists for the
late act of admission, that as Congress may admit
new States, therefore the grant of such power
covers the whole ground, the fact should be clear
ly established that California was State in the
sense Of the Constitution. On the defenders Of
Congress rests the burden Of proof. They are
und to show that she was State as contemp plat
ed by the Constitution. If they fail to do this, they
leave Congress in the attitude Of stretching dele
gated power, and creating State at the time Of
admission.
The Legislature of Georgia might well take de
cided and almost unanimous stand against the re-
cOgntion by Congress of the pretended organiza-
ton of that "sparsely reopled territory" as be.
ing bona fde State. Why, but few months
previous, when motion was made in Congress
10 authorize the formation of State constitution
in California, the proposition did not get a single
role. And any one will admit that but for the
hostility of the North to the institution of slavery
her admission would have been regarded simply
ridiculous, and would have found no favor with
any party or clique. And now, when the deed
has been done, and the South excluded from all
participation in that portion Of the territory, are
we to be told that the South has no reason to
complain because the admission is conattutonal
As if the Constitution, designed as Il safeguard
and protection, compact Of equal rights and pr-
vieges, could be so perverted to authorize and
sane ton the penetration Of such an outrage and