Columbus Democrat., 1851-01-18

gains, the STEPS proposed In be taken 10y the Con
vealioa in opposition Ia California. was that The
South, upon this Saheci ccald not be harm 'aR'
ed in opinion, and therefore e0sht not to be Ia
troInccd This view, aiier some discuss'onpIe'
vailed, and the resolu,icss against California
were withdrawn, aud SO, also was 'he minority
report, Rut the legislature farther "admlI the
Unlimited right Of the citizens otany mrnlory ~
framing State Constitution 10 engrah uPan II
ANY principle whatever, provided the form OF sfT'
ernnsut i. republican aud in Ne,hng conflicts
wi,h the constitution Of the United States, and
deny the right oi Congress TO reject a State ap'
plying Tor admission into the Union, eccan" ne
constitution either rejects o. Ioeratts the lns'ih
ton Of slavery" Nor has the Legislature raised
The objection, or given the least inIimAtoa, Mat
they regard che omis ion of an act ol Congress,
giving he people Of California, the right to call
convention. and firm a constitution anj State
government, as having the leas, influence upoN
the validity ot the acts ol their con'entIan. The
total silence OF our legislature on this point, when
they We're urging every possible argument a.
gainsl The Introduction OF California into the Un.
ion mus, surely now be regarded, as powerful
" signillcan, fact.
Ii now becomes us we think. az candid m"n,
To examine the acts Of Congress, not us being
predetermined To seek nut evidence TO artaign
Congress for "A violation Of our rght. but to ex'
amino the facts frankly and honestly. and en-
deavor 10 discover Il toar rights AS assumed and
proclaimed by ourselves have been violated or
respected by the late ACTS of Congress.
What then has Congress done, in relation to
California; Have they passed the Wlmot rroSi'
so, or in any way Akclujed slavery tom this new
State Certainly not. Congress ha. only pro.
nounsed the constitution Of Cal(1rnia republican
in lis character, recognized its validity, and all,
nitted the State into the Union and nth the
legislature # Mississippi, admitted tho unim
| tied right of her citizens 10 en- raft upon their
con hstitulion, any principles, whatever, provided
the form OF government was republican, and con
sistent with the consluu,ioO ot the Untcd States.
Who "eugra.ted' the restriction or prohibition
Of slavery upon the constitution Of Callloni, -
Not Congress, but those who had an 'nnmtcd
right to do so, and in the language NJ our own
legislature "Congfess had no tight ~ reject hN
for this exclusion Of slavery But suppose thai
Congress had passed an act authorizing the pco.
! pie of California TO cali convention tor the par,
pose of forming State Government. would hi'
act. necessarily have Rendered valid the eonsitu
ton thus t,rmcd Wou'd not Congress have
been compelled t., look into that constitution Ia
ascertain its re, ubcan character aud its con-
, fnrm,y 10 the constitution Of the United States
Just as carefully A. If no assent had been given
to California, for the institution OF Il State govern
! a. Is La.
one answer can be gwen II these view.
true, and we caunnt see how they are TO he sue
ccssiully controyerled, il necessarily follows that
the act OF Congress recognizing the constitution
and State government. thus formed hy the Cit.
zans Of II Territory, is that which gives ali the al.
thority aud validity 10 the Governments So form
ed. which Congress can confer aud not the act
granting permission to the people OF the territory
to cali a convention tor this purpose. And fur
ther, this act Of recognition, and admission, on
the part o Congress, il just AS necessary and 'm
perative, where previous permission had been
given, or the call Of convention, az where that
act Of assent had been totally omitted, as in hr
California case But we hold asa truth, that all
the validity and authority oi the State govern
ment, are directly derived from the Inherent rqh
Of The people Of the territory, to self government
---or the inherent righl Of soycreigniy--a right
in ITSELF ncommuncahla uGd inairnabe, and
the binh.right Of every Amesican citizen. We
also equally hold, that every American citizen
whether resden, IN Il State or territory, pos.
srsscs The same qIanum or amount OF inherent
sovereignty, aud that Congress, cannot, BY any
exercise ot authority, ever increase, diminish .pI
impair, hi, sovereign right. \
la relation TO the establishment of Territorial
governments ~ Congress, the October Conven-
ton and the Mississippi Legislature, speak one
language, and thai is, that il is the duty Of Con-
grpss to provide territorial governments for ths
territories and to secure the guarantees, in sa1
territories, which The federal governments rec
ognizes, for the protection Oi all kinds o property
therein. Let us now examine what Congress
has done. First, territorial governments Rave
been estahlishcd-accortng to the requirements
of M,sissippi--ior Utah and New Mexico. BD'
do these laws establishing territorial govern
ments contain lae " lin. Proviso1 Let the
following extract speak Tor Itself "And provided
further, thrt when admitted as a State. the said
territory. New Mexlco,) or any portion Of the
same, shall be received into the Union with OF
without slavery, as their constitution may pfe
scribe at the time n( their adm ssi0n." The came
language is to be found IN the law establishing
OF territorial government for Utah. But these act:
Congress q further, and recognize dlrectlythe
existence OF slavery in the territories, as will be
seen by the following extract, which may be
found in both acts speaking oil the right OF appea
from the Territorial Courts to ihc Supreme Cour
OF the U. s., il is provided: "Taat, IN all cases
inroping the tile 10 sidres. the said "rs of error
o. appesls shall be allowed aud decided by the
said Supreme Coun, without regard to the value
Of the matter, property or title in controversy -
"That writ Of error Of appeal shall also be al.
lowed TO the Supreme Court Of the United States,
from the decision Of The said Supreme court, ere.
ated this act, or Of any Judge thereof or Of the
district courts created by this act, OF Of any Judge
thereof upon any writ OF habeas corpus, involving
the question: Of PERSONAL FREEDOM"
Can titles to slaves, and question Of personal