The North-Carolina standard., 1850-02-20
RAEcH oARoLA WEDNESDAY MoRNNe FEBRuARY 20


.UAR 20, 1850. -, sa* ~,.*., % = ''...- gaar
.!L. s9es 5Gs. h.a .ssa4t @rfiss.aiI X ai2s395
mere de aeto government liable TO be at its pleasure
nemodelled or annued, it finds State, with all the
features and attributes of sovereignty, applying for
admission. wss capital blunder, to say the least
of it, in the Administration to- suppose, that because
admission was referred to the future assent of Con-
gress, all the previous action which itinvted and
! encouraged would be justified and innocuous. Con-
gress IS necessarily by it involved in the gravest en-
barrassment and difficulty. We of the Federal Leg
isature in strait between the admission of CAL
portions, and thereby implicitly giving assent and
ratification to the gross violations Of the Constitution
and usnrpations of power which have Marked the
whole action Of the Executive and people there; or
to annul the whole proceeding, and remand California
again to her rghtf position of territorial subordin-
tion. To undo thing done is always difficult, and
widely different from permitting it to be done. To
dethrone California from its assumed sovereignty,
annul its constitution and strip all its fanctionaries of
their high powers, to set aside the whole unconstu-
restore her to her rightfu position Of dependence,
are very grave acts. She may refuse to submit, and
there will be imminent danger of collision and def
ance, resulting in war or perpetual separation. Should
we even attempt to correct some of the most glang
evils of her acon-such, for instance as her extrav
agant pretensons to limts-by imposing conditions
on her admission. thereby recognize and treat with
her as a State. We impliedy ratify the usurpation
and unconstitutional action of the Executive, and le
galize the unwarrantabe revolutionary proceedings
Of her people, Once thus recognized, she may refuse
acceptance of your conditions, withdraw her applica
tion for admission, and stand alone independent
State, the greatest the Pacific coast. In that
tingency, having given assent to her position as
State, we could not eoerce her into the Union
| or to subjection. - ~
Embarrassing and difficult as is the position in.
which the unauthorized action Of the Executive has
placed US, our duty, Mr. Speaker, seems to plain.
We ought at once to remand California to-her righyul
position Of terrtorial dependence. We ought annul
ary proceedings which her people have taken under
the invitation and encouragement of the Executive
AS Representatives of the States of this Confedeacy
we can never tolerate, without their previous consent
the divestng Of the sovereignty and rights of eminent
domain ceded to and vested in them. AS coord-
nate department of this Government Congress shoad
suffer OF sanction the engrossment by the Ex
ecutive, and the abnegaon to ITSELF of the high leg
islatve functions which, in subordinaton to the Con-
stituton and the rights Of the States, pertained
cusively to it over this Territory of the Union. 1t
endure that the delicate and all-imporant
discretion of determining when the people of Ter
ritory have passed preparatory pupiage, and attain
ed asgrowth and maturity betting sovereign State
and member of this Confederacy; who shall con-
sttute such people and enjoy the elective fancse in
the prime measure of devsing and establishing their
organic law; within what limits they shall act and
be confined and, in Brief Of deciding all the impor-
tant preminaries to the call and assembling of con-
venton to form constitution and ADOPT State gov
ernment,-should be assumed and exercised by the
Executive alone. We are under the highest obliga-
tions to rebuke and condemn the unwarrantable der
ELECTION of the Executive in the discharge of his ex-
ecutive duties; in inviting and conniving at the SUBJ
version of the existing dc tacto government he was
bound to mantain in the substitution and relinqush-
ment to another radically different. Of all its functions
and powers. The highest necessity wonld hardly
have justified such action. Such, submit, there
certainly 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 de faeto government. He says: ...r
| tsThe people Of this Territory New Mexico) enjoy
the benefit and protection Of their municipal laws,
originally derived from Mexico, and have military
force stationed there protect them from the Indians.
1t is undoubtedly true that the property. lives, lber
ties, and religion of the people of New Mexico, are
better protected than they ever were before the treaty
of cession.'' ~ --.
Inconveniences, doubtless, were experienced from
the imperfect nature and underlined powers of the de
acto government but the correction of them belonged
exclusively to Congress.
! What makes the action of the Executive in this
matter the more extraordinary and unjust6able is.
that its invitation to and connivance at the establish
ment of State government, and Of the steps taken
for the admission Of California State, were di-
recty in the teeth of the recent action of Congress.
By whatever unhappy divisions Influenced, it was
undoubtedly true, that at the last session Congress
had directly refused to authorize snch measures,
to admit California as State. bill for the latter
purpose, my colleague before me Judge Bayly] in
terrupts to say, introduced into this House.
and did not receive single vote Now, is it to be
! endured, that what Congress denies the President
shall practically grant !-when Congress determines
Territory not prepared for admission, the Executive
shall decide it to be, and originate measures to induce
and almost enforce such admission!
i We further bound, Mr.. Speaker. to remand CAL
iornia, to rebuke bad very bad, precedent. and a
most unwarrantabe assumption both Of powers and
extent of limits by her people. Their proceedings
ganizing, of dangerous tendency, as we'll practi-
calIy mschevous. l wish, sir, had time to enter
here into full exposition of this point for upon it,
in country, the most vague and erroneous opinions
are but too prevalent. 1t would, however. consume
my entire hour. l can only glance at it. hold an
existing government, even de faeto one. can only
egitinaely be subvered and substituted by another
through the inerucnti0n the inhalation Of the leg
ishare po,oer. convention Of the people, to esab
lsh organic law, only, conormabiy to the prin-
ciples of civil government, be summoned by a,o. Ii
otherwise, it is revolutionary and disorganizing, and
may if necessary be suppressed by the strong hand.
Mark, do not say it would be morally wrong. /
recognize the right of revolution, and the OF
revolationlsts often that of honor and justice. Blu,
in such action there be pretence of legality
regular constitutional procedure. Sir, the people oil
California, foppressed if even from the neglect o
greved and injured to find their condition intoer-
able, might have been morally justified in dssolvine
the bonds that united them the people Of terrific
n in suhvertin0 the UOvernnnenf