The daily union., 1852-02-14
CSassA& y &SA

upon one OF two propositions. II depends nfst upon
the fact whether the people OF the Territory themselves
had right 10 exclude when Congress had not the
power Second, IL the people OF the Territory DID not
nave me night TO exclude US, then did Congress nave
the right TO waive the inegularity, and thus give valid
ny 70 this Unauthorized act OF the people oil California
II depends, say, upon one oil these 1--WE pfoposluons
Congress had no power 10 exclude u.s. Had the people
Of the Territory, acting outside OF the government and
the authority oil Congress- right 10 exclude us And
they had not had the Congress OF the United States
right to waive the iegaarily IN the admission OF Cali
fornia
will read the opinion OF an eminent senator who was
here when the discussion the admission OF California
first took place, Mr.. Webster,l but who is con-
nected with another department OF the government, with
reference 10 the powers OF the people Of the Territories
IN their territorial condition:
1T has been advanced that these people, while Terri
tory have right 10 do anything and everything that be-
longs 10 the rights of man. cannot conceive that they
have understand something hope, abont the rights Of
they exist before and without govern
nen and before there s social s,ate and before there is
sons-when we speak Of their rg6ts~ suppose we must
mean her rights as they exist as social Iqhts and he
political rights more especially as they exist in the state
We have always gone upon the ground that these ter
rtoria governments ia state OF pupiage, under the
protection patronage OF the general government The
territorial legislature has constitution prescribed by
Congress They have power not given by that Con-
gress They must act within tie limits Of the constitution
granted them by Congress, else their acts become void
eregnty they do constitute sovereignty and do
possess Of the rights incident TO sovereignty They
are you so please TO demon nate H. In state OF nchoae
government and sovereignty IL we we'll consider this
question upon the ground Of our practice during the last
IT, Is duty to provide for the people of the territory
to assign to them subordinate legislative authority 10 as.
sign to them subordinate judicial authony 70 see
property all regularly provided fort and maintain
them in that state until they grow into sufficient import
ance in point OF population, TO be admitted into the
Union State upon the same footing whthe original
Statesn
will read also the opinion of Mr. Calhoun on this
subject; and these two the most able senators
gagged in the discussion of this question, admitted by
the Senate and by the country know il is said that the
people OF California were authorized 10 do what they did
under the principles OF resolution introduced into the
Senate by Mr. Calhoun in lS47the resolution referred
to the other day by the honorable senator from Massa
chusetts. Mr., DAvrsl It as follows:
.Rssovsd That fundamental principle in our politi-
unconditional right form and adopt the government
which they may think best calculated to their lib
ery, prosperity, and happiness and hat in conformity
thereto no other condition is imposed by the federal
Union. except that its constellation shall be rspubeam and
the imposition OF any other condition by Coagr would
not only be in piodtion OF toe constitution but in direct
rests" ,,t'
Well, sir, 10 show that this resolution of Mr. Cal.
boun did not refer to such case this of California,
have only to read extract from the great speech made
by that senatoT-the last which was made by him in the
Senate OF the United Stateswith direct reference the
admission OF California hersefa speech not spoken by
him. his health being too nrm at the time admit OF
his doing but which read for him by the honora
BILE senator from Virginia [Mr. MAsoNl-a speech writ
States, at time when that great Stood il were
with one foot upon earth and the other o,teng to the
gravewhen he had one eye looking back the events
OF long and useful life spent the service oil his coun-
try and the other resting upon the interests which
We're before him in futurity and when he had motive
say anything to the people OF the country except that
which emanated from the purity OF his heart This is
what he says his last great appeal TO the Senate of the
United States not 10 commit such violence against the
South and the constitution OF the United States would
be done IN the admission OF California He says, in ref
erence TO the irregularities attending the formation OF the
State government IN California:
In this respect California stands aqne without usage
; or single example TO cover her case"
1t belongs now, senators, you decide what par,
you will in reference this Unprecedented transaction
sttuon of California before you aud asks YOU TO admi, her
into the Union State and the question is, will you
rests upon you heavy respsnsblily Much, very much
will depend upon decision you admit her, you
Are you prepared to do Are you prepared surrender
your power o. legislation or me IeTones-a power en
fully established Can you, consistently with your oath
PREPARED 70 admit that The nhs5itauts ohe Territories pos
the sovereignty them, and that number,
form constitution and government and erect 1t into
State, without asking your permission Are you prepared
10 surrender the sovereignty of the United States what
territory be hereafter acquired the first adven
ters who may rush into itl Are prepared TO
der, virtually 10 the executive all the powers
which yon have heretofore exercised the Territories
II not how you consistently with your duty and your
admission Of caornia as satc under pretended con.
sttuion and government Again. can you believe that the
project OF constitution which they have adopted has the
least validity Can you believe that there such State
In reality the State Of California No, there such
State II has no legal constitutional existence. Il has
validity and can have without your sanction How
then can admit IL State, when, according 20 tho
provisions OF the constitution your power limited adj
mitting States To admit IL Il must be a Sate-an
existing State independent OF your sancton before you
admit H. When You give your permission 70 the inhab
ants OF Territory form constitution and State, the
constitution and the State which they form derive their
authority from the people, and not from you The State
before admitted Is actually State, and does become
by the act Of ddrlissoH would be the with Csifo
MA should you admit her contrary constitutional proy
ions and established usnge heretofore"
have now shown, by the opinions OF Mr. Calhoun
and Mr. Webster, that e people OF the Territories their
territorial state had political powers except such as
were granted TO them, authorized be exercised by
them by Congress The whole South assumed the posi-.
ton that Congress had no power 10 exclude us with our
property from this Territory Chief Justice Sharkey said
such power was not possessed by government pos
sessing sovereignty Il could not be rghtully exercised
even by monarchy" Had these people, then in Cali.
government possessing sovereignty-more power than
could be rghtfuly exercised by a monarchy9 Had
they the power and the right TO exclude from the Ter
ritoy They had NOT
The resolution OF Mr. Calhoun introduced in the year
lSi1 was never intended 10 apply such a case as that
OF ,aliorna II was only intended 10 apply TO a case
where there was people properly authorized by the
suoh ana laws OF The government, Of which they
part and to which they owed their allepiance OF 10
people who, in consequence Of their own independen
existence were authorized establish such form Of gov
eminent as they might deem best And lei Il not be said
that MIR. calhoun intended TO embrace surh n ease az
Caona when IN direct reference 10 the admission OF
California herself he repudiated all such idea
know lhe doctrine has been asserted here that Ter.