The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-29
PROTEST. OF SOUTHERN SENATOR'S.

We, the undersigned Senators, deeply impressed
with the Importance Of the OCCASION and with
solemn sense Of the responsibility under which
we are acting, respectfully submit the following
protest against the bill admitting California as a
State into this Union, and request that it may be
entered upon the Journal of the Senate. We feel
that it is not enough to have resisted in debate
alone bill so fraught with mischief TO the Union,
and the States which we represent, with all the
resources of argument which we possessed, but
that it is also due TO ourselves the people whose
interests have been intrusted TO our care, and to
posterity, which even in its most distant genera
tions may feel its consequences TO leave in what
ever form may be most solemn and enduring, a
memorial Of the opposition which we have made
TO this measure, and Of the reasons by which we
have been governed. Upon the pages ola Journal
which the Constitution requires to be kept so long
az the Senate may have an existence, we desire TO
place the reasons, upon which we are willing TO be
judged by generations living and yet to come, for
our opposition to n bill whose consequences may
be so durable and portentous as TO make it an
object of deep interest TO all who may come after
us
We have dissented from this bill because it gives
the sanction of law, and thus imparts validity
to the unauthorized action of portion Of the in
habitants of California, by which an odious dis
elimination is made against the property of the
fifteen slaveholding States of the Union, who are
thus deprived Of that position of equality which
the Constitution so manifestly designs, and which
constitutes the only sure and stable foundation on
which this Union can repose.
Because the right of the slaveholding States to
common and equal enjoyment of the territory
of the Union has been defeated by a system of
measures which, without the authority of prece-
dent Of law or Of the Constitution, were mani
testify contrived for that purpose, and which
(,Onurpeq mi nd oHn oh Al
bill become law 10 sanctioning this sys-
TEN Of measures, this Government will admit
that the inhabitants Of its territories whether per-
manent or transient, whether lawfully or unlaw-
fully occupying the same, may form q State with
out the previous authority of law, without even
the partial security Of territorial organization
formed by Congress, without any legal census or
other efficient evidence of their possessing the
number of citizens necessary to authorize the rep
resentation which they may claim, and without
any of those safeguards about the ballot.box,
which can only be provided by law, and which are
necessary to ascertain the true sense Of people.
IL will admit, too, that Congress having refused
10 provide Government except upon the cond-
ton Of excluding slavery by law, the Executive
branch of this Government may, at its own dis
erection, invite such inhabitants to meet in con-
yention under such rules as it or It's agents may
prescribe, and TO form a constitution affecting not
States Of the Confederacy, by including territory
with the purpose of excluding those States from
its enjoyment, and without regard to the natural
htness OF boundary on any of the considerations
which should properly determine the limits Of
State. il will also admit that the convention,
thus called hAIO existence by the Executive, may
be paid by him out of the funds Of the United
States without the sanction Of Congress in viola
ton not only Of the plain provisions Of the Con-
utst IL -
priety which would forbid any act calculated
to make that convention dependent upon IT. and
last but not least in the series Of measures which
this Government must adopt and sanction in
passing this bill is the release Of the authority Of
the United States by the Executive alone to a
Government thus formed and not presenting even
sufficient evidence of its having the assent Of
majority Of the people for whom II was designed
with view Of all these considerations, the under
signed are constrained to believe that this Gov
eminent could never be brought to admit State
presenting itself under such circumstances, if il
were not for the purpose Of excluding the people
Of the slayeholding States from all opportunity
OF settling with their property in that Terri
tory.
Because to vote for bill passed under such
circumstances would be to agree to "A principle
which may exclude forever hereafter, as it does
now the States which we represent from all en-
joyment Of the common territory Of the Union;
a principle which destroys the equal rights of
their constituents the equality of their States In
the Confederacy, the equal dignity Of those
whom they represent as men and as citizens in
the eye Of the law, and their equal title to the
protection Of the Government and the Consti-
tuition.
Because all the propositions have been rejected
which have been made TO obtain either a recOgni-
ton of the right Of the slaveholdiDg States to
common enjoyment Of all the territory OF the
United States, or TO fair division of that terri
tory between the slsyehoding and non-slavehold-
ng States Of the Union; every effort having
allied which has been made to obtain fair d.