The Madisonian. (Canton, Miss.) 1850-1855, 1850-11-28

uncOnStlCuuonaI ana VOtui as 10 tue
other States.
The power granted TO Congress over
the territory, or other property belong
ing to the United States, necessarily
excludes the assumption tha, The right
Of empire or Of sovereignty resides in
the inhabitants Of the Territory while
such, because the authority delegated
to Congress is utterly inconsisi ent with
the existence of such sovereign power
in the inhabitants. This right ofsov-
ereignty over the territory, not resting
in the inhabitants, under the Constitu~
ton, must reside in the States or the
people of the several States of the
Confederacy Their ownership of the
soil, right of feminent domain, and soy
ereignty, are joint and equal.
The Constitution Of the United States
confers uponlC nlCongress the right to ad-
NIT into the Union, "new states" not
territories, andlas they are to be admit
ted on an equal footing with the origi.
nal States, they must be necessarily at
the time Of their admission political com
munities, possessing all the rights and
attributes Of sovereignty AS the inha.
bltants of the territories do not possess
sovereign power, there must be some
act on the part of the States, who do
possess it, equivalent to grant, by
which that power, before residing in
the States, becomes vested in the inha-
bitants Of the territory. This act must
be performed by Congress, the consti-
tuted agent Of the States"
The act cf California, erecting her
self into State, and assuming the at
tributes of sovereignty, being without
such authority, was not predicated on
her territorial relation TO the U. States,
nor by virtue of authority derived from
the Constitution. 1t was in fact rev
olution, seizure Of sovereignty and a
confscation of the right Of soil, which
belonged to the States.
: am aware that it is claimed, that
as Congress possesses the right to adj
nit new States, aud as no specific lin.
itations are placed upon the exercise
of that power, they may at option over
look any irregularity which may have
occurred in the preparation for admis-
sion. But this right mnst necessarily
be governed and limited in IS exercise,
by the spirit ofthe Constitution. The
assumption Of the right Of Congress to
admit new States without limitation,
and without reference to other pTovlsi.
ons of The Constitution, would imply
the power in Congress, in the case OF
California. to give validity to an act,
which by the Constitution is not only
irregular, but absolutely void. This
involves palpable absurdity. Tie as
sumption implies the ability on the part
of Congress, TO adopt as their own, an
act void and forbidden by the instru.
ment, from which they derive their
whole power over the subject.
i 1t seems, then, too evident to admit
of dispute, that all the acts of Calltorli-
a, the assumption Of sovereign power,
the creation ola State, the fixing other
extensive boundaries, and the exclI-
sion of slavery therein, if valid, derive
their validity solely from the action Of
Congress. In fact they are the acts Of
Congress; and, as Congress haveno
power to create States, or to prohibit
slavery either IN the Territories or tho
States, the acts ale unconstitutional and
void, and as such, should forever be re-
sisted by the aggrieved States.
The great purposes sought to be at>
tained by these acts, are but too appa.
rent. Independently Of The cogen1
reason arising from her enormous ter>
ritoraI extent, the motive avowed 10
the California convention for including
| within her limits the whole extent Of
territory, laying between Mexico and
Oregon on the sea board, rendered u
impressive on Congress to interf- re-
That motive was, by the exclusion Of
African slavery, to settle the question
Of the Wimot Provlso as to that terri
tory, Morris the motive of Congress-
in ratifying the acts ofCalifornia sub
lect Of doubt. Ii was 10 prevent the
extension Of the institution Of slavery.
The indireclion Of the process cannot
conceal its characteg. 1t was an ex-
clusion by the action Of Congress of tho
people Of the slave holding States, from
an eqnal enjoyment Of The commoh
property ofthe States. L was, N fact,
! the application Of the Wilmot Proviso'
10 this territory. aas aG
Bef'rs ] pass To other subjects, |
must not omit to call your attention to
another act of thoslast session Ut Cons
gress, passed since the adjournment Of
the Legislature, which, though not SO
yitally important as that last comment
ed on, has been properly regarded by
tpe Legislature, as one oftbe evidences
of design by Congress furtherto ins
A. - IL