The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-23

decatur, Hancock, Scriven, Meriwether, and
Richmond, have spoken out in plain and emphat-
&c language. All these counties have strongly
condemned the scheme Of the Senate. Pike,
Crawford, Pulaski, Dooly, Burke and Washing
ton, are moving up handsomely. and will, in a
few days take their stand by the side of the coun-
ties first named We trust that every other
county in the State will fall into column, and pre-
sent and undivided front to the enemies Of South
ern Rights. Et d
Georgia is righting herself All honor to the
people, and God blessthe noble land"
CONCLUDING PORTION OF
GOVERNOR MoDoNALD's ADDRESS
% TO THE PEOPLE OF GEORGIA.
beg to consider, little more at large, the pro-
visions of the bill in respect TO the admission of
California as State; and deny that Congress
can admit California, under the circumstances in
which she presents herself, to membership in the
Confederacy, without violation Of the Consi-
tuition tbs true that Congress may admit new
States into the Union, but if in doing this, it vo-
lates the constitutional rights Of people Of any
Of the States, sanctions their violation, it is an
Infraction of the fundamental principles on which
the Constitution is based, and therefore breach
of the Constitution itself. The Government of
the United States, to the extent of its powers, is
based on the same principles Of other Govern
ments, to wit: that the Government should pro-
tect the rights Of each individual member" that
in the act of association each individual has en-
tered into engagements with all, to procure the
common welfare, and all have entered into engage
ments with each individual to facilitate for him,
the means Of supplying his necessities and topro-
tect and defend him." The end of all govern
ment then, is the welfare and happiness, the pro-
lection and defence Of the members which COM
pose it, and no poweris given to any constitutional
government for any other purpose. The power
to admit new States was not conferred on Con-
gress as means of annoyance to the original
States Of the Union, but, that neighboring sover-
eighties might be admitted to our political frater-
nifty for the peace and welfare Of ALL The term
States . in the Constitution, means perfect SOW
ereignties, such as they were before they adopted
the Constitutions: 1t is only by coming into the
Confederacy that they lose portions Of their SOW
ereignty. alitFsg
A people who, of themselves, erect govern
ment, no matter where, by the act assume the
power of sovereigns. 1t they erect it on terri
tory belonging to another sovereign without con-
sent, 1t is an act Of aggression 1t makes differ
ence that they intend to offer themselves as men,
bers of the sovereignty TO which the territory be-
longs, or to place themselves under its dominion,
partially absolutely, for il they should not be
thus Incorporated, they remain as they made them
selves an independent sovereignty, and are bound
to sustain themselves, if they can, against the
sovereign on whose territory they have encroach-
ed, and over which they have usurped authority.
Hence, will be seen, the wisdom of the provision
of the Constitution which prohibits people, who
own both theterritory and Jurisdiction, from form
ing IA State, without the consent Of Congress pre-
viously obtained. Congress-, in yielding its con-
sent, may prescribe the conditions on which it is
given, and protect the Government and the States,
against the erection Of an independent sovereignty
within their limits, by declaring that if it was done,
the people should relapse into their former cond-
ton, in the event of their not being admitted into
the Union. m
Ifpeople inhabiting one or more States Of the
Union were to form new State, with the consent
of the Legislatures of the States interested, but
without the consent Of Congress, it would be a
violation of the Constitution, and to admit State
thus erected would be the sanction of an unconst-
tutional act, and would itself be breach of the
fundamental principles Of the Constitution. If
then, people owning both the soil and jurisdic-
ton, cannot form State, without the consent Of
Congress, can people, who own neither, exer-
else the power and create State on the territory
Of the United States, without such consent! 1t
may be done on the territory covered by the Or
dinance Of 1887, but on no other. The validity Of
that Ordinance is recognized by the Constitution,
and the right of the people inhabiting the territory
to which it applies, to erect State governments
and be admitted into the Union, is Constitutional
right and the States erected thereon and admitted,
have, in their constitutions, placed their right on
that compact There was no discretion in Con-
gress. There was no compact extending to other
territory In fact further acquisition of territory
by purchase or conquest was not looked to and
the constitutional provision for the admission of
States into the Union, though it is general in it's
terms, was strictly applicable to States erected on
territory beyond the limits of, and not belonging
to the United States territory covered by the Or
dinance of 1857, and on territory embraced within
the limits of one or more Of the States. ass
In the first case, the consent of Congress could
L a. al n.J..
1887 settled the right-it is stipulated for in that
compact, and in the third and last case, the con-
sent is necessary by the express terms of the Con-
stitution. The people of California, then, had no
right to enter on the public territory of the United
States and erect government thereon, whether
the right be tested by the law Of nations or the
Constitution. 6
But, if Congress had given its consent to the
erection of the government, the power thus given
could not be exercised to the prejudice of the
rights of the people of the States and Congress
could not sanction the exercise of the power, in
such manner without making itself party to
the aggression and violating the essential principle
Of the intrument from which it derives its auhori-
ty. From the nature of our Government, all the
people of all the States have equal right of in
gress into the public territory. They all have an
equal right to go thither with any property which
by the laws of any Of the States, they are
entitled to hold, and if the Constitution and the
government are of any value to the citizen, they
give him efectua protection there. No law is
necessary to establish any kind Of property. The
title and the right attach themselves to the person
and the Constitution protects all. This right OF
property and right of protection lies at the founda
ton of the State and Federal Constitutions An
infraction of them, with or without the sanction
Of Congress, or by Congress itself, is violation
of the Constitution. Y}93 ilEBQld ll1,faw
1t is fashionable to say that the people inhabit-
ing the territory may form a government, and
provided it be republican, Congress is bound to adj
nit it. This has been said without due reflection.
Congress is bound to admit State. 1t may do it.
The Constitution Of the United States declares
that Congress shall pass no law respecting the
establishment Of religion. The prohibition is to
Congress and not to the States. But the people
of the States have looked to this matter for them
selves, and when State has adopted Constitu-
ton, they have taken care to protect the freedom
of conscience. But if a State were to think pro-
per- il might change it's Constitution in this respect
But because State, as a sovereign, may establish
religion, and bring that course into its political
system, would Congress so far forget its duty to
the people Of all the States, as to admit new