The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-03-20
no possible connection with the case Of
California.

California.
The Irregularities in oil other cases
have since occurred are of similar ma
ture. In ell, there existed Territorial
Governments, established by Congress,
with officers appointed by the United
States. In all, the Territorial Govern
ment took the lead iii calling Conven-
tions, and fixing the preliminarics pre-.
paratory to the formation ola Constitu.
ton and admission into the Union.-
They all recognized the sovereignty of
the United States, and the authority of
Congress over the Territories; and
whether there was any departure from
established usage, it was done on the
presumed consent Of Congress, and not
in defiance of its authority, or the sover.
eighty ofthe 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 refer.
ence, to this unprecedented transaction.
The Executive has LAID the paper pur-
porting to be the Constitution Of Cali
fornia before you, and asks you to ad-
NIT her into the Union as State; and
the question is: will you or will you not
admit her :? 1t is grave question,
and there rests upon you heavy re-
sponsihilty. Much, very much, will
depend upon your decision. II you
admit her, you endorse and give YOUR
sanction to oil that has been doue. Are
you prepared to surrender your power
of legislation for the Territories; pow
} CT expressly vested in Congress by the
Constitution: as has been fully cstah-
lished Can you, consistently with
your oath to support the Constitution,
surrender the power? Are gonS pres
siared to admit that the inhabitaitta ofi'
!. the Territories possess tlse soyeisss asflty
lover them, aud that any number more
or less, u1oy claim any extent of tsi: ters {.
: tory ,they please; may form d Goilsfiisp
/ slea geatp md eEs EsEaral.t I'D ca ssss
; permission? Are you ~ prenareS Al s: /:
surrender the sovereignty Of the IIn;tsJ
States over whatever territory may be
hereafter acquired to the first adyentor.
ers who may rush into it? Are YOU
prepared to surrender virtually to the
Executive Department, al! tho powers
which you have heretofore exercise,
over the Territories ? If not, how can
YOU consistently with your duty yonr
oaths to support the Constitution, give
yonr assent to the admission of Califor.
ma as State, under pretented Con
stltution and Government? Again: can
You believe that the project ola Con.
stltution which they have adoptcd has
the least validity +? Can you believe
that there IS such State in reality as
the State of California No; there is
no such ate. 1t has no legal or con.
stltutlona. existence. 1t has no validity.
and can hav" me, without your sane.
ton. How, then, can you admit it as
State, when, according to the proyis-
ION OF the Constitution, your power is
limited to admitting new States. TO
be admitted, 1t must be State. an cy;s-
ting State, independent of your sane.
ton, before you can admit it. When
you give your permission to the inhabi
tants of Territory to form Cons,itu-
ton and State, the Constitution and
State they form, derive their authority
from the people, and not from you. The
State before admitted is actually
State, add does not become SO by the
act of admission, rs would be the case
with California, should you admit her
contrary to constitutional provisions and
established usage heretofore.
The Senators on the other side of
the Chamber must permit me to make
few remarks, in this connection par
tlcularly applicable to them, with the
exception of a few Senators from the
South, sitting on that side of the Cham.
Der. When the Oregon question was
before this body not two years since.
you took Gf mistake not) universally
tic ground, that Congress had the sole
and absolute power Of legslating for
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 poser of legislating, instead of be-
ing in Congress, is in the inhabitants
OF the Territories? How cnn you JUS
tty and sanction by your votes, the acts
of the Executive, which arc in direct
dcrogation to what you then contented
for But TO approach still nearer to
the present time, how car you, after
conlcmnIng, little moro than year
since, the grounds taken by the party
which you defeated at the last election
wheel round and support by your votes
tho grounds which, ns explained recent.
ly on this floor by the candidate Of the