The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-02-17

subordinate Legislative arthofity; TO assign L
them subordinate judicial authority !; to see tina
the protection of their persons and the security
their property are all regularly provided for ant
to maintain them in that state until they grow
into sufficient importance, in point of population
TO be admitted into the Union as n State upOr
the same footing with the original States"
| will read also the opinion of Mr.. Calhoun
on this subject, and these two were the most
able senators engaged in the discussion of this
question, so admitted by the Senate and by the
country. know it is said, that the people oil
California were authorized to do what they did
under the principles of a resolution introduced
into the Senate by Mr.. Calhoun in lS47, the re-
solution referred to the other day by the honora.
bile Senator from Massachusetts,, Mr.. Davis.
II is as follows:
"ReSolped,' That as fundamental principle in
our political creed, people, in forming con.
stitution, have the unconditional right to form
and adopt the government which they may think
best calculated to secure their liberty, prosperity
and happiness and that, in conformity thereto
no other condition is imposed by the federal Con-
stitution on State, in order to be admitted into
the Union, except that lis consultation shall be
republican; and the imposition Of any other
condition by Congress would not only be in
| Dioldti0n of the Constitution, but in direct con.
fict with The principles on which our political
system rests"
Well, sir, to show that this resolution Of Mr..
Calhoun's did not refer to such case as this of
California, | have only TO read an extract from
the great speech made by that Senator--the last
which was made by him in the Senate Of the
/ LIT St.,tn. ~ . n
mission OF California herself; a speech not
| spoken by him, his health being too infirm at the
time to admit of his doing so, but which was
read for him by the honorable Senator from Vir-
GINA, Mr. Mason IA speech written by him
and read for him in the Senate of the United
States at a time when that great man stood, as II
were, with one foot upon earth and the other
lettering to the lgrave--when he had one eye
looking back on the events Of a long and useful
life spent in the service Of his country, and the
other resting upon the vast interests which were
before him in futurity, and when he had no mo-
tive to say anything to the people of the country
| except that which emanated from the purity Of
| his heart This is what he says in his last great
appeal to the Senate of the United States, no:
to commit such violence against the South and
the Constitution of the United States as would
be done in the admission of California He
says, in reference to the Irregularities attending
| the formation of the State government in Cali
! fornia:
sin this respect California stands alone, with
out usage or asingle example to cover her case"
I" 1t belongs now, senators, for you to decide
what part you will act in reference to this unpre-
cedented transactions The Executive has laid the
paper purporting to be the constitution of Cali
fornia before you, and asks you to admit her into
the Union as State; and the question is, will
you or will you not admit her! II is grave
question, and there rests upon you heavy re-
sponsibty. Much, very much, will depend
upon your decision. If you admit her, you en-
dorse 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 territories, power expressly vested in
Congress by the Constitution, as has been fully
established! Can you, consistently with your
oath 10 support the Constitution, surrender the
power! Ars you prepared to admit that the
inhabitants OF the territories possess the soyer.
eighty over them, and that any number, more
or less, may claim any extent.of territory they
please, may form constitution and government,
and erect it into State, without asking your
permission Are you prepared to surrender
the sovereignty Of the United States over what
ever territory may be hereafte- acquired, 10 the
first adventures who may rush into it!" Are
you prepared to surrender virtually to the Ex.
ecutive department all the powers which you
have heretofore exercised over the territories
IL not, how can you, consistently with your duty
and your oaths 10 support the Constitution, give
your assent to the admission Of California as a
State under a pretended constitution and gov.
eminent! Again, can you believe that the pro-
ject of constitution which they have adopted
has the least validity Can you believe that
there is such State in reality ms the State OF
California! No, there is no such State II has
no legal constitutional existence II has no
validity, and can have none without your sane
ton. How, then, can you admit il as State
when, according, 10 the provisions of the Consti.
tuition, your power is limited 10 admitting new
States To admit it, il must be State, an ex.
isting State, independent Of your sanction, be.
fore you can admit II. When you give your
permission TO the inhabitants Of territory to
form constitution and State, the constitution
and the State which they form derive their au
thority from the people, and not from you.
The State before admitted is actually State
and does not become so by the net of admission
as would be the case with California, should
you admit her contrary 10 constitutional pro.
sions and established usage heretofore"
| bAfb INV oNOWHt Wy DplUiOUb OI DIT,
Calhoun and Mr.. Webster, that the people Of
the territories, in their territorial state hsd no
political powers except such as were granted to
them, or authorized to be exercised by them, by
Congress. The whole South assumed the po.
sition, 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 possessing soy.
ereignty ;,it could not be righifulJy exercised
even by monarchy" Had these people, then
in California, more power than Congress
more power than a government possessing
sovereignty-more power than could be right
fully exerci.e even by a monarchy Had they
the power and the right to exclude us from the
7 territory Theyhad moi.
/ The resolution Of Mr.. Calhoun, introduced IL
the year lS47, was never intended 10 apply IA
such case AS that Of California. Il was only
intended to apply TO a case where there was
people properly authorized by the Constitution
and laws Of the government, Of which they
l - Al n a.