The southern press., 1850-11-05


to get possession Of any part Of the territory
rightfully belonging to Texas, for the purpose
OF excluding therefrom the people Of the South,
and especially the Texans themselves"
Resolved, That whilst the-position of Texas,
in the very breach through which this assault
may be made on the constitutional rights Of the
South, entities her to the assurance of cordial
and resolute support from every slayeholding
State, these States have like right 10 erpect
that she a0iil not be so false 10 herself and regard
less Of their interest, as 10 accept any sum Of
money as consideration for admitting an enemy
,otthin her gates, aud establishing there strong
hold Of Abolition, and a harbor for fugitive
sldres.n
Now, when Congress was last in session the
Inhabitants of the territory of California sent on
what they called State Constitution, and asked
admission as a State. They had no constitu-
tional right to admission-but Congress had
the constitutional poloer TO admit new States
The people of the slaveholding States had at
the same time, according to the Mississippi and
Nashville Conventions and Judge SHARKEY, a
right to emigrate into that territory with slaves.
As the constitution of California had no validity
until she was admitted by Congress, the ques-
ton was, first, whether the po,oer of Congress
could be exercised at all in that case, second,
whether it should be exercised at that time, and
third, whether it should be so ererted as to ter
inmate the right of the South to colonize that
territory. 1t was held by Southern men that
the power of Congress to admit State could
not be exercised in admitting California, as she
was not a State, having had no authority con-
ferred on her by Congress to form State con-
stitution, as is usual, and this Mr. CLAY himself
admitted. He said she was not State, but was
legally territory. g.l ssH@4Eh zt
1t was also held that as territory she ought
to have territorial government that would not
be hostile to the rights of the South, and that
it was unusual and improper 10 admit her so
soon on other grounds, besides the exclusion of
slavery that would thereby be effected from that
territory. And lastly, it was held by the South
that the power of Congress, if it could be exerted
at the time and in that case, to admit State,
could be SO exercised by giving her reasonable
the South in part of California, the part to be
left out Of her boundary. But Congress deter
mined otherwise. And by an act to admit as a
State what was not State, at time and with
boundary that had the effect of violating the
territorial rights of the South, Congress usurped
power, and crushed the rights Of the South.
So far as the South is concerned, the effect is
precisely the same, and no man of common
sense, including Judge SHARKEY, doubts the
design was the same, as if Congress had given
California territorial government with the
Wilmot Proviso. ts.....s7. h ~.
Now, when Congress exercises any power so
as to destroy right, the Constitution is violated,
is violated as much as if the act were done by a
naked usurpation without pretence of authority.
All powers Of government may be SO exercised
as to violate rights, and such powers so exer-
cised are as much to be resisted us any other
wrongs .-,'.s.. ........ t.. ,...,..
Judge SHARKEY tells us that the admission of
California was not made case Of resistance by
the Convention of Mississippi. No, because
fornia had not even applied. There was only a
rumor that she might do it. No Convention
would have the folly to level resolution at a
rumor. But when the Nashville Convention
met, California had applied and the Committee
of Thirteen had reported in favor of her admis-
sion. And that Convention met the issue, and
resolved that the extreme concession of terri
tory from which the South would consent that
slavery should be excluded, was that north of
$500 to the Pacific ocean. '-F '
Judge SHARKEY tells us this was no ulti-
nahum. We should like to know from that
profound jurist what ultimatum means if it be
not extreme conccsson?" The Convention
did make an ultimatuna, and made it in plain
English. And it betrays nothing but the total
destitution of Judge SHARKEY's case, for him,
when thus confronted with resolutions to which
he is compelled to admit he gave his sanction,
to be able to do nothing better than to deny
the meaning of the plainest words in the Ian
guage r.g ~. ,........ s.. ssaam.a.g
THERE'S nothing in the pettifogging of courts,
ridiculous, as the argument that after the legis-
latures and conventions Of Sovereign States
have met, and deliberated and resolved on the
assertion of rights, the most vital to persons, to
property, to institutions, to society, to empire,
against aggressions attempted under one clause
of a constitutions they are to be tolerated
and submitted to if perpetrated under another
If the South is invaded by the Wilmot Proviso,
under pretence of the power of Congress over
territories, then conventions, resistance, seces-
sion and disunion are proclaimed, but if the
Thing is done under pretence Of the power to
admit States then submission, apology and re-
joicing are to ratify the wrong. H..
Judge SHARKEY has found it necessary to
adopt and assert the doctrine of General CAss,
that Congress is not sovereign, or is not vested
with any powers of sovereignty over the people
of an unorganized territory. He says: ga (. .,