The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-02-27

CIRCUMSTANCES unprecedented IN The hlsf0-
~ Of This country. 0lhfr Territories. II
is true. have frsl moved in The matter ol
their admission into The Union; ard. with
ops being authorized by previous scl Of
Congress. hare formed constitution. and
applied for such sdmifsion. Bun the cir
eumslanees were altogether different in
many respects. TO iske single exam.
ple-lhe State of Michigan. That State
belonged 10 Territory which had right
10 admission. II formed a portion Of ter
Iiiory ~hirh became the properly az The
Uniled States npon the express condition
thai il should be sdmiiIed into this Union.
In The next place. that was an organised
Territory. and had Territorial Govern
meni; and that. in my view. is q msiier
Of vast importance in This question.
What is a Territorial Government !!
What is amy Government Il is an or
ganizaIion Of an Otherwise unorgsnized
populai on into a political community.
II is thai which makes Of such popula-
iion an organized body. enabling il 10 act
as one Whole. and bringing lis several in
dividual members. before an uniformed
mass. into one political association. State.
OF body polite. Il asceriains what per-
sons among that people represent and shall
have right 10 speak The voice Of The
whole. Merely being npon a Territory
gives not necessarily right 10 be consult
ed in the dispositions 10 be made affecting
The desIinies Of The population. The
Fundamental law Of every country. how
ever adopted, settles in whom ihe power
10 represent lhc community shall reside
who shall speak the voice Of The commu-
nifty. and say that this STATE. or this po-
liiical association. wills that such and such
things shall be done. by collecting and
declaring. in due form. the rublic senii-
meni Of The whrle.
Now. sir. every Territorial Government
established by Congress eminaies from
the sovereign power. and receives an au.
thorily over the Territory. That sove.
reign power has right TO prescribe the
form and manner, and The only form and
manner. in which il shall be recognised as
any other than mere mass Of human te-
ings together. BY this form OF govern.
ment. proceeding from this sovereignty,
is first defined who has a right 70 speak
The voice Of the Territory what portion
Of The inhabitants shall have The elective
franchise, shall choose representatives,
who. when chosen by that portion, repre-.
sent the whole community and speak its
voice. In California we have nothing Of
shi~s Who chose the representatives !
Whence did those who chose them de-.
rive The power TO authorize these repre-
senialives to speak the voice Of the peo-
pie Of California as such Why, sir.
without an act OF Congress authorizing il,
can conceive OF bur one way in which
such form can be given TO the inhabi.
tanls Of this Territory, and that is by an
act { revolution. in which, throwing off
the allegiance OF their sovereign, the Uni
ted Siales, they think proper TO meet TO-
gelher, in their original and primal char
acier Of human beings, and say ,ha, they
will be an organised body with such a
form as they think proper. Bu, the pre-
sent proceedings lie moi of that character.
The very movement shows that they were
throwing themselves upon no such right.
Bntlhey come here, having formed con.
siiIuiion which they say embodies the
public will of California, and ask that,
as Stale. that may be admitted into this
Union.
Now. sir, the business Of my life as
lawyer has. inclined me TO respect and
follow precedenis. and | always feel re-
gret when, either needlessly or for even a
sufficient cause, il becomes necessary in
any particular instance 10 depart from
what has been the established usage Of
the nation. | think that i. is 10 be regret.
ted that the Congress Of The United States
should ever have departed from The safe
position, that in such matters territorial
should follow and not lead
the movement Of Congress, and, under
any pressure here tofore Of circumstances,
should have yielded their sanction 10 an
act by which Territory assumed to IL
self, without their previous warrant or
invitation, to form itself into sovereign
State. But, he that as it may, | feel a
strong repugnance TO go sill furlher 10 in
troduce new example, and say that, not
only wilhou, the previous sanction Of Con-
gress for such proceeding. but without
the previous authority from Congress Tor
forming The inhabitants Of any particular
district into a territorial community, for
any purpose ofgovemment hatever. they
may voluntarily associate themselves into
a political Stale, adopt whatever rules in
their organization they may think proper
and then apply TO US to recognise them as
an existing political community--a Stale
- and, as such, receive them into this
Union.
This. Mr.. President, is the first difficul.
" ! have. There is another that no gen.
tleman has set alluded 10. When this
Mexican treaty was first submitted TO the
.io ..r IL