The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-14

sign would nave been, In TACT, actual rebellion
but such Is not the case. The blame lies much less
upon them Il an upon those who have induced them
10 take course so unconstitutional and dangerous
They have been led into IL by language held here
and the course pursued by the Executive branch of
the Government.
| have not seen the answer of the Executive IN
| the calls made by the Two Houses of Compress for
| information as TO the course which il took or the
part which IL acted, in reference 10 what was done
| in California. ! Understand the answers haye moi
| yet been printed But there is enough known TO
justify the assertion that those who profess 10 repre-
seLt and act under the authority OF the Executive
| have advised, aided and encouraged the movement
1 which terminated in forming what they call Con
sitution and State. General Riley who professed
to act civil Governor, called The Convention de-
| termined on the number and distribution of the del
egates, appointed the time and place of It's meeting
was present during the session, and gave its pro-
| ceedings his appreciation and sanction IL he acted
without authority, he ought TO have been tried or at
| least reprimanded and dsavOwed Neither having
been done, the presumption is, that his course has
been approved. This OF itself is sufficient To identi-
~ the Executive with his acts, and to make 1t
| sponsibIe for them | touch not the question
| whether General Riley was appointed or received
| the Instructions under which he professed 10 act
from the present Executive or its predecessor. If
from the former, il won impcaie the preceding as
well as the present Administration If not the re-
sponsiblty rests exclusively on the present.
III ls manifest from this statement, that the Execu-
tive Department has undertaken perform acts pre-
| 10 the meeting OIL the individuals 10 form
their so-called Constitution and Government which
APP ertan exclusively to Congress. Indeed, they
| Identical in many repects, with the provisions
adopted by Congress, when it gives permission 10
Territory to form Constitution and Government,
| in order 10 be admitted a State into the Union.
Having now shown that the assumption upon
which the Executive and the individuals in Caliior-
MIA acted throughout this whole affair is unounded
| unconstitutional and dangerous, il remains to make
few remarks In order 10 show that what has been
done is contrary to the entire practice of the Govern
ment from its commencement 10 the present time.
From its commencement until the time that Mich
igan was admitted the practice was uniform. Ter
rtonal Governments were first organized by Con-
/ gress. The Government OF the NnosSt sStaies
appointed the Governors, Judges, Secretaries, Mar
shals, and other officers, and the inhabitants vi the
Territory were represented by legislative bodies,
whose acts were subject TO the revisions of Con-
gross. This state of things continued until the
Government Of a Territory applied 10 Congress
to permit its inhabitants 10 form Constitution and
Government, preparatory TO admission into the
Union. The preliminary act 10 giving permission
was to ascertain whether the inhabitants were suf-
fciently numerous to authorize them to be formed
into State This was done by taking census.
That being done, and the number proving sufficient,
permission was granted. The act granting II fixed
all the preiminaries-the time and place of holding
the Convention; the qualification of the voters;
establishment of its boundaries, and all other meas
necessary TO be settled previous 10 admission.
The act giving permission necessarily withdiaws
the sovereignty OF the United States and leaves the
Inhabitants OF the incipent State as free TO form
their Constitution and Government as were the
original States of the Union after they had declared
their independence. At this sta the inhabitants
of the Territory become for the first time people,
in legal and constitutional language, Prior TO this,
they were, by the old acts OF Congress, called nhab
itants and not people. All this Is perfectly consist
ent with the sovereignty of The United States, with
the powers OF Congress, and with the right OF
people to sclf-government.
ich wa he FIRST in which here Va as
any departure from the uniform rule of acting.
Hers was a very slight departure from established
usage. The Ordinance of 1887 secured to her the
right of becoming State, when she should have
~, 600 inhabitants. Owing TO some neglect, Con-
gress delayed taking the census. In the mean time
her population increased, until II clearly exceeded
more than twice the number which entitled her 10
admission. AT this stage she formed a Consttu-
ton and Government without the census being taken
by the United States, and Congress waived tie
omission as there doubt she had more than
safnca--. ,.s.aher to e",le her to admission She
owing to some diiiicuiiy respecting inc boundary
between her and Ohio The great irregularty, as to
her admission took place at the next session. but on
a point which can have no possible connection with
the case of California.
The irregularities in all other that have since
occurred are of a similar nature. In all, there
listed IT, rritoria Governments established by Con-
gress, with officers appointed by the United States.
In all the Territorial Government took the lead in
calling conventions, and fixing the preliminaries
preparatory 10 the formation of Constitution and
admission into the Union They oil recognised the
soyereitnty of the United States and the authority
of Congress over the Territories; and wherever
there was any departure from established usage II
was done the presumed consent of Congress, and
not in defiance of its authority or the sovereignty
of the United States over the Territories. In this
respect California stands alone, without usage, or
single example to cover her case,
1t belongs, now, Senators, for you to decide what
part you will act in reference TO this unprecedented
l.fS ha
porting to be the Constitution of California before
YOU and asks you to admit her into the Union as a
Stale and the question lie. will you or will you not
admit her Ii Is a grave question, and there rests
upon you a heavy responsibility. Much, very much,
will depend upon your decision. If you admit her,
you endorse and give your sanction TO all that has
been done, Are You prepared TO do SO Are you
prepared TO surrender your power OF legislation for
the Terrores-a power expressly vested in Congress
by the Constitution, has been fully established 7
Can yon consistently with your oath to support the
Constitution surrender the power? Are you pre-
pared admit that the Inhabitants of the Territories
possess the sovereignty over them, and that any
number more less, may claim any extent of ter
ritory they please; may form Constitution and
Government and erect ii into State, without; ask
ing your permission Are you prepared TO surrender
the sovereignty OF the United States over whatever
territory may be hereafter acquired, to the first adj
venurers who may rush into il 2 Are you prepared
to surrender virtually TO the Executive Department
all the powers which you have heretofore exercised
over the Territories III nor now you, CONSIST
emily with your duty and your oaths TO support the
Constitution give your assent 10 the admission OF
California State, under pretended Constitution
and Government Again: can you believe that the
project of q Constitution which they have adopted
has the least validity Can you believe that there
Is such q State In reality as the State of California
No; there Is no such State. Ii has no legal or con-
stitutional existence. Ii has no validity, and can
have none, without your sanction. How, then, can
you admit IL State, when, according TO the pro-
vision of the Constitution, your power is limited TO
admitting new States. To be admitted IL must be
State, existing State, independent of your sane
tion before you can admit IT, When you give your
permission TO the inhabitants of Territory to form
a Constitution and a State, the Constitution and
State they form derive their authority from the peo-
Pl0, and no. from yon, The State before admitted is
actually State, and does not become 10 oy the dc'
of admission as would be the with California,
should you admit her contrary 10 constitutional pro-
visions and established usage heretofore.
The Senators the other side Of The Chamber
must permit me TO make few remarks In this con
necion particularly applicable 10 them, with the ex-
cepton of few Senators from the South, sitting on
! that side Of the Chamber when the Oregon question
was before this body not two years since on took
Qf mistake mott universally the ground, that Con-
Qress had the sole and absolute power OF egslatng
| Tor the Territories. How, then, can you now, after
| the short interval which has elapsed abandon the
ground which you took, and thereby virtually admit
that the power of legislatng, instead Of being In
| Congress, Is In The Inhabitants OF the Territories
How can you Justify and sanction by your votes the
acts OF the Executive which In direct derogaiion
of what you then contended for But, TO approach
still nearer the present time how can YOU alter con-
demning little more than 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, explained recently on this hoor by
the candidate OF the party In the last election, are
identical with those on which the Executive has
acted IN reference 10 California What are we 10
understand by oil this Must we conclude that
there il no sincerity faith in the acts and decara
lions of public men, and that all Is mere acting or
hollow nrofession? Or are we TO conclude that the
exclusion of ths South from the territory acquired
from Mexico Is an object Of so paramount charac-
Ter in your estimation that Right, Justice consti.