Daily national Democrat., 1860-01-17
9ailg NatiOuaI democrat.
Division of the State.


Mr.. Latham elected Governor by the peo-
pie and qualifying himself as such, commence
ing his duties as such, but, as Mr. Watson ex-
pressed it some days ago, by fraud of the
Lecompton party in the legislature appointed
as Senator in Congress, has before he goes to
work there, in a letter to President Buchanan
of the 18th January, advocated the above
mentioned transformation as legal, upon the
ground, that provision in the U. s. Consti-
tuition permits Congress to admit new States
into the Union, but prohibited Congress to
erect new States within State, or of parts of
States, etc, without the consent of the con-
cerned States; and the Constitution here in
the place of "Stales" uses the expression
without the cCnsent of the legislatures" of
the concerned States That this expression
Legislature is very considerably and prop
erly chosen is obvious. Then Congress has
neither power nor means to be informed of
the will of the people in State but through
the legislature, which have both the power
and the duty to hear the people first. Let
the majority of the whole people first decide
whether the State shall be divided or not
and when the majority votes for it, give the
consent in the name of the State, and let Con-
gress decide whether it is acceptable to the
Nation or not The Constitution of the Uni
ted States, therefore, pre- supposes that when
the legislature gives the consent, that said
Legislature has acted within the limits of the
power which the constitution of the concern
ed State prescribes. And common sense pro-
hibits any sane man. bona fide, to maintain
that the U. S. constitution by the very prop
erly used expression Legislature" had confer.
red or would confer power upon the men,
bers of a legislature of State, first to vio-
late the constitution of the State, prescribing
them, first, TO hear the people,) second: to
commit perjury, when they have solemnly
sworn to exercise the Legislative powers con-
fided upon them, in accordance with the cons.
titution and the welfare of the country and
third, to disregard the will of their Sover-
eign, the people
Not only in California, but in every State
of the Union, in every Republic on earth the
constitution of the State reserves some of the
supposed rights of sovereignty to the people
themselves to their immediate exercise. Es
pecially, lst disposition OF the territory of
the State; ID, change of constitution Sd,
amendment of a single article, section, sen
tence, or word in the State constitution: and
the California constitution resers es expressly
to the people themselves, and prohibits to the
legislature without the consent of the people,
4th, to create debts, which singly or in the
aggregate exceed three hundred thousand
dollars ; 5th, to loan the credit of the State to
some enterprise, etc., etc. The 18th article
of the constitution fixes the boundaries of the
State. A considerable amendment of this
article would it he to take the half part, or a
single county out of these boundaries and
article prescrbes, that slavery shall never
exist on the soil included within these boun-
daries; The half part of California would,
altered into National territory, have to
open its doors to slavery according to the
principle which at present has the supremacy
in the Union, towit: Popular Sovereignty.
All these supreme powers of sovereignty
placed by the constitution of Republic in
the hands of the people themselves, are not
transferable to their legislative, executive or
judicial servants, whether President and Con-
gress, or Governor and State legislature
Then in such case has the Republic an end
and an Oligarchy has taken place, where the
supreme powers are placed in the hands of n
few. Andth only distinction between an
Oligarchy and Despotic Monarchy is this,
that in the latter is alone one despot; in the
Oligarchy are many of them, No Monarchy
and no Oligarchy can be members of the
Union, but alone Republic.
The provision of the constitution of the
United States must, therefore, be understood
so, that the legislatures first have obtained
the consent of the people in their respective
States to divide the State, to join the part of
another State to an existing State, or to make
new State Of parts of two States ETC. The
Federal Constitution has no provision for the
case of Transforming part of a State back
again to a National territory. Mr.. Latham
thinks it can be done, but he has here altered
the expression of legislature to that of State,
and then have no objection to agree with
him. lie says:
THE question arises can Congress assent
"to the division of State not for the purpose
"of forming a new State, but to organize a
Territorial Government preparatory to a
"new Styte at some future time And
''if State consent that portion of its terri
story be severed, l see no reason why Con-
4'gress may not permit that territory to be
Aerected into territorial government if its
inhabitants desire"
Mr.. Latham eonfesses himself to know that
the people of California at large are against
the transformation of part of the State
larger than seven Atlantic States) to Ma
tionGl territory He says; GAS to the senti-
ment of the people Of the State at large,
have no doubt is very largely against it"
And how can it be otherwise? The hall
part of the State transformed to a Nationa
territory must open its doors to slavery anc
its horrible attendent curse the slavery qacS
tion, with its terrors, and frauds, and devas-
ders and an unreasonable train of the mos
horrible crimes, great evils to individuals AM
truly immense calamities to the people a
large. A. "