The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-11
DAILY.
SPEECH OF
MR.. T. H. AvERETT. of Virginia,

IuIt i. u. "A SIINhA -, "a virginia.
On the proposition to admit California as a
State into The Union, delirered in The House
Of Representatives, March 81, 1850.
The House being in Committee of the Whole
on the state of the Union, on the Presidents
Message communicating the Constitution of
California,
Mr.. AVERETT said: ,ss ss.
Mr.. CHAIRMAN: engage in this discussion,
painfully embarrassed by dstrust of myself,
and with but faint hopes of efiecting any good
by anything that l can say. have seen the
habitual restlessness and inattention of large
portion of the House during the delivery of
much more impressive appeals than amy which !
can make--much more able arguments than any
which | feel able TO addnce., From these con-
siderations, have hitherto imposed silence upon
myself, determining merely to rote in conformity
to constitutional and representative obligations,
and so to cast my votes as to protect and defend
the Constitution as it is written, and the rights
and interests ofthe people whoml serve. But
faint as are my hopes of influencing any portion
of this House, by anything that can UTTER
yet feel impelled to take part in this discussion,
under conviction that all has not been said
that ought to be said, and that there are wephty
| considerations connected with the questions I'M
der debate, which have been buried under the all
absorbing question of slavery, and the mere
sectional prejudces and collisions which it has
engendered
The question whether slavery shall or shall
not be admitted into California, overrides all
other questions Amid the turmoil and coils
ions which have resulted from its discussion,
we have lost sight Of the plain line of our duty.
The rights and interests of the United States,
in our newl y-acquired territory, our right of
property therein, and the true functions of Con-
gress in regard to it, are neglected and repudia-
ted. | desire to direct the attention of this
House and the country, to true reading of that
clause of the Constitution, which declares that
"the Congress shall have power to dispose of,
and make all needful rules and regulations re-
specting the territory or other property of the
United States" Now, my friend and colleague,
Mr.. MILLsoN, and others, have exposed the
error, in converting the word territory Gland,
property into the plural " Territories" begin
ming with capital IT, not to be found in that
part of the Constitution, conveying the idea of
organized communities of persons with prop
erty. No further exposition of that Executive
mistake, or Cabinet trick, is necessary but it is
necessary, that when we 50 clearly perceive the
we begin to think of the duties and obligations
which it imposes upon us.
Are we dischargng those duties are we con-
forming to those obligations? No, MIR. Chair.
man; no, sir; we have scarcely turned our
thoughts to them The President has melted
and urged the Adventures, mixed breeds, and
alien sojourners in California, to form for them
selves State government, and assume jurisdic-
! ION over the country, and now urges us to
sanction that assumption. Now, sir, | maintain
that we cannot do this, without Il culpable ne
glect of duty, and imminent hazard to, if not
total sacrifice of, the rights and interests of the
United States. To secure the rights Of all, this
Government, as trustee for ALL must exercise
the rights and functions Of Il property holder il
California and New Mexico. Those rights can
not be secure, if we erect 4 separate State gov.
eminent out of the materials now there, with all
of the attributes Of State sovereignty We
must keep the reins of Government in our owr
hands, in conformity to "the general provisions
Of the Constitution" and the uniform usages il
regard to newly-settled territory. We know
nothing Of the land titles in that country.
State government, organized there in the presen
condition Of things, will unquestionably assume
jurisdiction in all disputed cases, and brute force
if organized, however lawessy, will sway the
dcstinies of our modern Ophr. Look to the de-
bates in the California convention, and you see
the incipient symptoms Of disaflection to this
Government already-look to the scrmbles
and assassnatons about the gold mines, and
you perceive the imperous necessity for the
controlling power of this Government, and that
too, exerted in some simple, practical form which
while it shall give peace and security to our own
entcrprising adventures, shall make all, wheth.
| or ajapS or Of uh of
ever kind or complexion, feel and acknowledge
that to this Government are they to look for
governmental authority and protection, and that
this Government holds in trust the territory as
the property of the United States. A simple
efficient territorial government, backed, if neces-
sary, by military force, seems Indispensable; and
sir much as | distrust "the powers that be-" and
deeply as | deprecate the tissue of usurpations
and intrigues, sanctioned by the signature OF
General Taylor, by which it is attempted to
smugge California into the Union as a State,
would be willing-as, indeed, the most of my
party were willing last winter-to arm him with
the power of carrying into practical operation in
those countries, the Constitution and laws OF
this Union and venture the confident opinion
that if we do this, the great majority Of our own
citizens, who have settled about the gold mines
and commercial marts of the Pacific coast, will
not only acquiesce in the measure, but will
tender their services, as minute men, to back
the Executive with force and arms, if necessary
in enforcing the laws. Sir the immense mining
and commercial interests in California, demand
the guardianship of this Government, unembar,
raised by the conflicting claims to sovereignty
of any rareripe State government, such as would
be that of California, if now acknowledged and
admitted as State Of this Union Unembar.
raised by any such conflict of authority, and d.
vested of the extraneous slavery question, we
should still find need for the best exertions of
our united councils, under the purest impulses
of patriotism that regards the rights and III
terests of the whole Union, properly to dis
charge the duties incumbent upon us. Must
we go back to our constituents, and tell them
that their highest interests have been neglected
our constitutional obligations disregarded, and
that the slavery question has engrossed all OF
our attention?
| In our discussions here, it has been clearly
proved, and by nobody more clearly than by
General CAss that Congress has no constitu-
tional power to interfere with that question, in
lepislatinp i'm reoard TO the TERRITORY of the Uni