Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1850-03-20

and wherever there was any departure
from established usage. it was done on The
presumed consent Of Congress. and not in
defiance of its authority. or the sovereign
~ Of Tie Uniled States over The Terrific.
res. In this respect California stands
alone, without usage. or a single example
~ cover her case.
1t helunSs now, Senaiors, for you to de-
eide what part you will act in reference TO
this unprecedented transaction. The Ex-
ecutve has laiL the paper purporIing 10 be
The Constitution Of California before you.
and asks you to admit her iuto the Union
as State, and The Iquestion is: will you
or will you not admit her? 1t is a grave
question. and there rests upon you heavy
responsibility. Much, very much, will
depend upon your decision. II you admit
her, you endorse aud give your sanclinn
TO all that has been doue. Are you pre-.
pared to do so! Are you prepared 10 sur
render your power Of legislation for The
Territories; power expressly vested in
Congress by The Constitution, as has heen
fully established Can you, consistently
with your oath to support the Consti,u
lion, surrender the power! Are you pre-.
pared 10 admit that The Inhabitants Of the
Territories possess the sovereignty over
them, aud that any number more or less,
may claim any extent Of territory they
please may form Constitution and Gov
ernmeni, and erect il into State, without
asking your permission Are you pre-
pared 10 surrender the sovereignty of The
United States over whatever territory may
he hereafter acquired, 10 The irs! adyentus
rers who may rush into il? Are you pre-
pared to surrender virtually to the Execu-
tive Department, all the powers which you
hnve heretofore exercised over Territories ?
lf moi, low can you consistently with your
duty and your oalhs TO support the Con-
sIiuiion, give your assent 10 The admission
of California as State, under preIsndet
Constitution and Government Again {;
can you believe lhatthe projecr Of Cons'i.
rulion which they have adopted, has the
least validity? Can you believe hat here
is such Stale in reality as The Slate of
California No; there is no such State.
1t has no legal or constitutional existence.
1t has no validity and can have none.
without your sanction. How, then, can
you admit il as q Stale when, according
10 ,he provision of Tho Constitution. your
power is limited 10 admitting new States
TO be admilred it must be a Stale, All ex.
isling Stale, independent of your sanction.
before you can admit il. When you give
your permission to the inhabitants Of
Territory 10 form Constitution and a
Stale, the! Constitution and State they
form, derive their authority from the peo.
pie. and mol from yuu.
The State before admitted is actually a
State, and does not becnme so by The act
of admission. as would be The case with
California, saond ,ou admit her contrary
10 constitutional provisions aud established
usage heretofore.
The Senators m The other side of the
Chamber must permit me TO make few
remarks, in lhis connection particularly ap.
piirahle 10 Ihfm. with ahe exception Of q
few Scnalnrs from the South, sitting on
that side of the Chamber. When the
Oregon question was before This body, no,
two wears since. you took (if ] mistake noI
universally The ground. that Congress had
the sole aud absolute power Of lcsisaiing
for the Territories. How. then, can you
now, after The short interval which has
elapsed, abandon The ground which YOU
took, and thereby virtually admit that the
power Of lesislaline instead Of being i'll
Congress. is in tho inhahilanrs of the Ter
rilories? How can you justify and sane
tion by your votes, tho acIs of The Execu-
live, which are in direct derogal!on 10
what you then couIcnded for? Butlo ap.
proach still nearer to The present lime. how
can you. after cun'lemning. It'le more than
year since, the grounds taken by the
party which you defeated nj the Hast cleo.
ton wheel round anh support by your
votes The grounds which, as explained re-
Gently on this h,or by the candidate of the
party in the last election, arc identical with
those on which The Executive has acted in
reference 10 California a? What are We
10 understand by all this? Must we con.
cIude that there is no sincerity, no faith, in
acts and declarations of public men, aud
that oil is mere acting or hollow profess
sion? Or are we to conclude that The
exclusion of the Snuh from the Territory
acquired from Mexico is an object Of sn
paramount character in your estimation.
Iha, Right, Justice, Cons'iIuIion, and Gun.
sislency, must yield. when they stand in
the way of our exclusion?
Bur. il may be asked, what is TO he dnne
with California. should she not he admit
ted I! answer, remand her hack 10 the
Territorial condition. as was done in the
case of Tennessee, in the early state u' the
Government. Congress. in her case, had
established Territorial Governments in
the usual firm, with Governor. Judges.
and other officers, appointed by the United
States. She was entitled under The deed
of cession, to be admitted into the Union
as Stale as soon as she had sixty thou
sand inhabitants. The Territorial Gov.
ernmen', believing i. had that number, looS
census. by which it Appeared it exceeded
it. She then formed Constitution, and
applied for admission. Congress refused
to admit her, OH The ground that The census
should be taken by the United States, aud
that Congress had no, determined whether
the Territory should be formed ino one
or two States, as il was authorized 10 90
under The ccsson. She returned quietly
to her Territorial condition. An act was
passed To lake census by The United
States, containing provision that the