The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-26
Washinston, Friday, july &c, 1850.

seperate sovereign Statei Has she not already
exercised the highest functions of State' She
has sent forward her prayer for admission as a
State, and we daily expect her knock at our door.
She has elected members of Congress-nay, Sena-
tors. Can Territory elect Senators, or be admit
ted to this Union' The Constitution says States,
States only. But, as has been justly remarked
/" If the Constitution were silent, he would be
ignorant indeed Of the character of our political
system who did not see that State--sovereign,
independent communties-and not Territories,
can only be admitted Ours is a Union of States
Ia Federal Republic" Each State comes into
noble fraternity Of equal sovereignties, in every
respect coequal. She pledges to the great con-
stitutional compact faith which should be ever
sacred Such act implies option, and requires free
dom from territorial subordination, and indepen-
dence of action. State that is free to come in
is likewise at liberty to stay out. The privileges
Of the Union must be the inducement to admission.
A State cannot be coerced into this Union. That
would be utterly at war with the whole character
Of our system, and would destroy the very basis
of the constitutional compact--the assent of the
States as parties This exactly constituted the
| great vantage ground of Missouri on her memora-
! BILE application for admission, Under the authori-
] ty, and with the assent Of Congress, the people
Of previously reconstructed Territory had met in
convention, adopted constitution, and formed a
State. If Congress refused to admit her, she
would no longer be Territory Of the Union, but
an independent State out Of it. Il If Congress inn
posed conditions, as was at one time designed,
which herpeople were resolved not to receive, she
was free to refuse them, and to prefer indepen-
dence out of the Union to entrance on such terms.
Congress was constrained to elect between her total
loss and seperate sovereignty, and her admission
on terms she would accept Rightfally Congress
could do no more. 1t could not remand her into a
territorial condition, for it had given assent to-,
and authorized the formation of a State govern
ment. sya, t fs.f @
We are now prepared to appreciate the results
of the unconstitutional action of the Executive, in
inviting California to the formation of State gov
| eminent, with a view to admission. In what O
different position for legislation is Congress placed
when, instead of territory, in confessed subor
dination, under mere de tacto government, liable
to be at Its pleasure remodeled or annued, it finds
State, with all the features and attributes of
ereignty, applying for admission. 1t was CAPT.
tai blunder, to say the least Of it, in the Admins
traton to suppose, that because admission was re-
ferred to the future assent Of Congress- all the pre-
vious action which il invited and encouraged
would be justified and innocuous. Congress is
necessarily by it involved in the gravest embar-
rassment and difficulty. Weof the Federal Legis-
lature in strait between the admission OF
California, just as she is, State, with all her
| great proportions, and thereby implicitly giving
our assent and ratification to the gross violations OF
have marked the whole action Of the Executive
and people there or, to annul the whole proceed
ing, and remand California again to her rightfu
position Of territorial subordination. To undo
thing done is always difficult, and widely differen
from permitting it to be done. To dethrone Cali
fornia from its assumed sovereignty, to annul III
Constitution and strip all its functionaries of the
| high powers, to set aside the whole unconsttu
tional usurpation and revolutionary proceedings
and restore her to her rightful position Of Deepen
dence, are very grave acts. She may refuse to
submit, and there will be imminent danger of col,
lison and defiance, resulting in war, or perpetual
separation. Should we even attempt to correc
some of the most glazing evils of her action--such
/ for instance, as her extravagant pretensons Il
| limts-by imposing conditions on her admission
we hereby recognize and treat with her as State
We implicitly ratify the usurpations and unconsti
tutional action of the Executive, and egalize tn
understandable revolutionary proceedings of he
| people. Once thus recognized, she may refuse ac
| ceptance Of your conditions, withdraw her appli
cation for admission, and stand alone an ndepen
dent State, the greatest on the Pacific coast. II
that contingency having given assent to her po
sition State, we could not rghtfutiy coerce hel
into the Union, or to subsection. gj aG1 81
Embarrassing and difficult as is the position ir
which the unauthorized action of the Executive
has placed us, our duty, Mr.. Speaker, seems tc
me plain. We ought al once to remand California
10 her rghtfd position of territorial dependence. WI
ought to annul or greatly modify the unconstltu
tiona and revolutionary proceedings which he
people have taken under the invitation and en-
enlargement of the Executive. As Representa-
tives Of the States of this Confedracy, we cal
never tolerate, without their previous consent, tn
divestng of the sovereignty and rights of eminen
domain coded to and invested in them. AS co-ord
inate department Of this government, Congress
should never suffer or sanction the engrossnlen
by the Executive, and the abnegation to itself O.
he oh IN, dir,o
ton to the Constitution and the rights of the
States, pertancd exclusively to it over this Terri
! tory of the Union. 1t can never endure that the
delicate andall-important discretion OF determining
when the people ola Territory have passed pre-
paratory pupilage, and attained a growth and ma
turity BETTING sovereign State and member Of
this Confederacy; who shall constitute such peo-
pie and enjoy the elective franchise in the prime
measure Of devisng and establishing their organic
law; within what limits they shall act and be con
| fined; and, in brief, of deciding all the important
| preliminares to the call and assembling of con
! vention to form constitution and adopt Stat,
government, should be assumed and exercised by
the Executive alone. We are under the highes
| obligations to rebuke and condemn the unwarrant
| able derection of the Executive in the discharg
of his executive duties, in inviting and connivins
at the subverson of the existing de facto govern
ment he WINS bound to maintain, in the substtu
ton and REIMBURSEMENT TO another radically diff
leTeIt, vi uil IT'S poWeTS. III
highest necessity would hardly have justified sucf
action. Such, submit, there certainly was not
What the President himself says in relation to
New Mexico at this time, would, insist, have
applied with equal force to California under its d.
facto government. He says:
g The people of this Territory New Mexico
enjoy the benefit and protection of their munici
pal laws, originally derived from Mexico, ant
have military force stationed there to protec
them from the Indians. II is undoubtedly true tha
the property, iipes liberties, and religion IF the PEG
pie of Ne,o erico, better protected Hid they
| icere before the treaty Of cession. -
Inconvenience, doubtless, were experienced
| from the imperfect nature and underlined power.
of the dc tacio government; but the correction o.
them belonged exclusively to Congress.
/ What makes the action ofthe Executive in thi.
matter the more extraordinary and unjustifable is
that its invitation to and connivance at the estab
lishment of State government, and of the steps
taken for the admission Of California as State
were directly in the teeth of the recent action o
Congress. By whatever unhappy divisions in
! Auenced it was undoubtedly true, that at the las
session Congress had directly refused TO authorize
such measures, or to admit California as State
A bill for the latter purpose, my colleague befor