The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-05

admit that the inhabitants of the Territories pos
sess the sovereignty over them, and that any num-
Der, more or less, may claim any extent Of Terri
tory they please; may form constitution and gov
ernment, and erect IL into State, without asking
your permissionl Are you prepared 10 surrender
the sovereignty Of the United States over whatever
territory may be hereafter acquired TO the first ad-
yenturers who may rush into iR Are you prepared
to surrender virtually to the Executive Department
all the powers which you have heretofore exercised
over the Territories9 If not, how you, consist
emily with your duty and your oaths to support the
Constitution, give your assent TO the admission OF
California as State, under pretended constitu-
ton and government
Again, can you believe that the project of con-
stituton which they have adopted has the least va
lidity? Can you believe that there is such State
in reality the State of California; Mo- there is
no such State. 1t has legal constitutional ex
Istence. II has no validity, and can have none,
without your sanction. How, then, can you admit
1T as State, when, according TO the provision Of
the Constitution, your power is limited TO admit
ting new States. To be admitted, it must be a
State, an existing State, independent Of your sane
ton, before you can admit it. When you give
your permission to the inhabitants Of Territory
TO form constitution and State, the constitution
and State they form derive their authority from the
people, and not from you. The State before adj
1hitted is actually State, and does not become 80
by the act Of admission, would be the case with
California, should you admit her contrary to con-
sttutiona provisions and established usage hereto
fore.
The Senators on the other side of the chamber
must permit me to make few remarks in this
connexion particularly applicable to them, with
the exception of few Senators from the South, sit
ting on that side of the chamber, when the Oregon
question was before this body, not two years since
You took (if mistake not) universally the ground
that Congress had the sole and absolute power Of
legisating for the Territories. How then can you
now, after the short interval which has elapsed,
abandon the ground which you took, and there
hxrr sL.4t &c
instead of being in Congress- is in the inhabitants
OF the Territories! How can you justify and sane
ton by your votes the acts of the Executive which
are in direct derogation Of what you then Sontend
ed for! But to approach still TO the present
time, how can you, after condemning, little more
than a year since, the grounds taken by the party
which you defeated at the last election, wheel round
and support by your votes the grounds which, as
explained recently this floor by the candidate of
the party in the last election, are identical with
those on which the Executive has acted in refer
ence to California? What are we to understand
by all this? Must conclude that there ia no sim
cerlty no faith in the acts and declarations of pub
lie men, and that all is mere acting or hollow pro-
fesson! Or are we to conclude that the exclusion
OF the South from the territory acquired from Mex
leo Is an object of paramount character in
your estimation, that Right, Justice, Constitution,
and Consistency, must all yield, when they stand
In the way OF our exclusion!
But, 1t may be asked, what is to be done with
California, should she not be admitted? / answer,
remand her back TO the territorial condition, as
was done in the of Tennessee in the early stage
OF the Government. Congress, in her case, had es-
tablished territorial government in the usual
form, with governor, judges, and other officers,
appointed by the United States. She was entitled,
under the deed of cession, to be admitted into the
Unien as State as soon as she had sixty thousand
inhabitants. The Territorial Government, believ-
ing it had that number, took census, by which it
appeared it exceeded it. She then formed consti-
tuition, and applied for admission. Congress
fused to admit her, on the ground that the census
should be taken by the United States, and that
Congress had not determined whether the territory
should be formed into one or two States, as it
authorized to dc under the ccssion. She returned
quietly to her territorial condition An act
passed to take census by the United States, con-
tanning provision that the territory should form
one State. All afterwards was regularly conduct
ed, and the territory admitted as a State in due
form. The Irregularities in the case of California
are UNNECESSARILY greater, and offer much stronger
reasons for pursuing ike same course. But, it may
be said, California may not submit. That is not
probable; but If she should not when she refuses it
will then be time for US To decide what is to be
done.
Having now shown what cannot save the Union,
return to the question with which commenced,
How can the Union be saved? There is but
way by which it can with any certainty, and that
Is, by full and final settlement on the principle
OF justice, OF all the questions at issue between the
two sections. The South asks for Justice, simple
justice, and less che ought not to take. She has
compromise to offer, but the Constitution; and no
concession or surrender TO make. She has already
surrendered much that she has little left to
render. Such settlement would go TO the root of
the evil, and remove all cause Of discomfort. By
satisfying the South, she could remain honorably
and safely in the Union, and thereby restore the
harmony and fraternal feelings between the Sec
tons, which existed anterior TO the Missouri agta
ton. Nothing else can, with any certainty, finally
and for settle the questions at Issue, terminate
agitation, and save the Union.
But can this be done? Yes, easily; not by the
weaker party, for IL can of itself do nothing-not
even protect itself-but by the stronger The North
has only TO will IL TO accomplish ito do justice by
conceding 10 the South an equal right In the ac-
CURED Territory, and 10 do her duty by causing the
stpunons relative 10 fugitive slaves 10 be faithfully
fulflledto the agitation of the slave question,
and to provide for the insertion OF provis IN
the Constitution, by an amendment which will re-
store TO the South In substance the power she pos
sessed of protecting herself before the equilibrium
between the sections was destroyed by the action
of this Government. There win be no difficulty in
the South, and which, at the same time, will i'm.
prove and strengthen the Government instead Of
impairing and weakening IL.
But will the North agree to do this II is for her
10 answer this question. But, ! will say, she can
not refuse, IL she has half the love Of the Union
which she Processes 10 have, without justly ex-
posing herself 10 the charge that her love OF power
and ACKNOWLEDGMENT Is far greater than her love Of
the Union. At all events, the responsibility Of
ing the Union the North, and not the South
The South cannot save il by any act of hers, and
the North may save IL without any sncrihcc what
ever, unless TO do justice, and TO perform her duties
under the Constitution, should be regarded by her
as a sacrifice.
IL is time, Senators, that there should be an open
and manly avowal on all sides, as 10 what is in
tended TO be done. II the question Is not set
tied, II Is uncertain whether II ever hereafter
be and we, the representatives Of the States Of
this Union, regarded as governments, should come
10 n distinct understanding as TO our respective
views, in order to ascertain whether the great qucs
tons at issue be settled or not. II you, who
represent the stronger portion, cannot agree TO set
tic them on the broad principle Of justice and duty
say 90; and let the States beth represent agree
10 separate and part in peace Ifyou are unwilling
we should part in peace, tell US 20, and we shall
know what to do, when you reduce the question 10
submission resistance. II you remain silent,
you will compel 10 infer what you intend. In
that case California will become the test question.
IL you admit her, under all the difficulties that OPP
pose her admission, you compel 10 infer that you
intend 10 exclude from the whole Of the acquired
Territories, with the intention Of destroying IRE
trievaby the equilibrium between the two sections
We would be blind not 10 perceive in that case that
your real objects arc power and aggrandizement,
and infatuated MOTTO act accordingly
have now, Senator's, done my duty in express
ing my opinions fully, freely, and candidly, this