Keowee courier. (Pickens Court House, S.C.) 1849-current, March 16, 1850, Image 2
A
'?! I *
I , The cords that b?< d the ?> tales togeth"
??r aro not only many, but various in char*cter.
Some are spiritual or ccclesiasti,
eal; some political; others social. Somt
M appertain to the benefit conf -rred by th<
" Union, and others to the feeling of dutj
j aad obi gation.
, L The strongest of those of a spiritual nnc
|Jf ecclesiastical nature, ( insisted in the un;
| ty of the great religious denominations, al
W?: of which originally etnl raced the wliol<
By Union, All these denominations, witl
W ? *'
? v?c cxccptton, perhapa^JT the Catholics
V; w?r? organized verymucli upon the prin
%ijple ofour political institution**, b'jgin
tring with smaller meetings, correspond
Ing with the political divisions of the coun
try; their organization teiminntcd in on<
great central assemblage, corresponding
cry much with the character of (-ongres:
At those meetings the principal clercv
men and lay members of the respect iv<
denominations from all part of the Unioi
. met, to transact business relating to thci
| common concerns. It was not confinet
to what appertained to the doctrines an*
* j discipline of the respective denominations
but. extended to plans for dissemina'.inj
the Bible, sending out missionaries, dis
tributing tract*, and establishing prcsse
for the publication of tracts^
(religious inform ation, and i
$ ' *fiMion. nod, contribute*
-eatly J^WF^jen the bonds of th
k- - gt? tich winch held end
Union.'-*>? <k-e*wgfether formed ti stronj
denomination ><*>vS/iole Union together
cord to h(rt<J the w*' 0t 7,ere, they lmv.
but, ns powerful ns they m^vo clTec
not been able to resist the expiosi.u..., cn
of the slavery agitation.
The first of these cords which ennppet
under its explosive force, was that of th
powerful Methodist Episcopal Churcl
The numerous and strong ties which hel
it together are all broke, and its unit
gone. They now form separate churclu
and, instea I of that feeling of attachmei
and devotion to the interest of the who'
Church which was formerly felt, the
nro now arrayed into two hostile bodi<
engaged In liti 'ation about what was fo
merly their common property.
The next oord that snapped was tin
of the Baptists, one of the largest an
most respectable of the denomination
That of the Presbyterian is not entfrel
snapped, but some of il? str.nds ha\
given avav. That ?ef the Episcop;
Church is the only one of the four grei
Protestant denominations which reman
unbroken and entire.
The stronjaji'st cord of a political cha
notor, ? vnoiato of many fluwl strong tl<
that have held together the two grei
parties which have, with some modiflici
tions, existed from the beginning of tl
Government. They both extended
every portion of the Union. * nd strontr'
. t , ' (9
contributed to hold all 1's parts lonrefbe
But this powerful cord ha9 fared no he
ter than the spiritual. It resisted for
long time the explosive tendency of tl
agitation, but has finally snapped und(
its force?if not entirely, in a great men
ure. Nor is there one of the romainir
cords which have not been greatly weal
ened. To this extent the Union has a
ready been destroyed by agitational) i1
only way it can be, by snapping nsund<
and weakening the cords which bind it t<
gcther.
If the ngitation goes on, the same fore
nntinff nil.ti in(<raaui'l infflncitir ?
a ...VV.W.VJ, r.D 111
been shown, will finally snap every cor<
when nothing will He left to hold tl
-?? ?n ?- ?? }yf
that can, with no propriety of Jm
guage, he c?ll?d a Union, wheu the on1
means by wlvch the weaker is held coi
nected with the stronger portion is fore
It may, indeed, keep them connects
but the connection will partake muc
more of the character of subjugation, c
the part of the weaker to the sironge
than the union of free, independent ar
sovereign States, in one Federal Unioi
as the}' stood in the early stages of tl:
Government, and which only is worth
of the sacred nnme of Union.
Having now, Senators, explained wh>
it is that endangers the Union, and trace
it to its cause, and explained its natm
nnd character, the question again recuri
How can the Union be saved? To this
nnswer. there h but one way bv which
cnn ho. nnd that i?. by^dgjiUpcf sue
nvmuros ah will satisfy tiflHWbelnr.<j
remain in ihifeJInlonjJpn?w*nt1v wit
their honor t|M lb**"" ?wf<?t<v. There!
nor tin, onlvfioc. wiv bv whirl) thnt. can ti
effected, ?nd that. h hv removing thj^au*
es by which tin* belief h<v* beoii lBxlci
cod. Doth it, r??id diaonntent will'<?en*?
barman v nnd kind feelingr* botwoon th
flection* he ron??r#>d. nnd every npnrehnr
nion of d rn^er to ?he TTnion ho remove"5
The question, then, i*. by what enn thi
be done? Rut, before I undertake L" tw
utrer thin question. T propose to show b
whnt the Uniort ennnof. bo snved.
Tt. cannot,, thon, be Raved bv eulojQfio
on the Union, however, nplondid or mi
MAmn? Tim ??H a# /itT.J-.- 1T_: ?
I I y VI \H?nvily UlllWII:
!' ;/ W.' : ; . : M.;; ... ' .' Av, lb;
mm**1*PpML>
* .
I not much less than a majority of the
i States, it will be In vain to attempt to con
ciliate them by pronouncing eulogies on
i it.
> Besides, this cry of Union comes com*
' monly from those whom we cannot believe
to be sincere. It usually comes
I from ou assailants. But we cannot be
hove them to be sincere; for, if they
1 i loved the Union, they would necessarily
i I be devoted to the Co?mtS?ntin? i> I
. . ~ Av fiioui;
i the Union, and to destroy the ConstUu,
tion would be to destroy the Union. But
- the only reliable and certain evidence of
- | devotion to the Constitution, is, to nb
; stain, on the one hand, fiom violating it,
- : nnd to repel, on the other, all attempts to
3 I vjolat it. It is only by faithfully pcr*
i forming these high duties v. . the Constis
tution can be preserved, and with it the
Union.
e But how stands the profession of dci
votion to the Union by our assailants,
r when brought to the test? Have they
1 abstained from violating the Constitution?
1 Let the many ac s passed by the Northi,
' ern States to set aside and annul the '
5 emus** oj tlie Constitution providing for
- tlve delivering up of fugitive Jnves, ans
swer. I cite this, not that it is the only
9 kttfetnnce, (for there art- many other?,) hut
?8ilicause the violation, in this particular,
of the Constitn.ion is tuo notoiiousand j
palpable to be denied. -/Jcjain. have th?y ,
i stood forth faithfully to ?pe< violations j
e of the Constitution? L$t their course in j
li , reference to the agitti$bn of the slavery 1
r question, which was commenced mid car- '
; /ted on for fifteen years, avowedly for
s die purpose of abolishing slavery in tfce
t ?:m object nil i vvuneoiv ,
o; , [ pitiftrt'Ttr, Trv-mtrfold, is nol nt Hi! w ,
i Stitutioniil?answer, 1-el them show a ,
1, single instance, during this U)ng period,
e in which thev have denounced ilu> nir
?~~ "<5 i
i. ltntors or tneir attempts to effect what is
d admitted to be unconstitutional, or a sin- j
v gle mfensure which they have brought for- .
% ward for that purpose. How can we,
it with all these facts bvf ?re up. believe that;
lo : tHey are sincere?? thctfr profession (( dey
votion to the 'Jnion, or avoid believing !
?V' their profes^.on is but intended to inr
J crease the vigor of their assaults, and to i
| weaken the force of our resistance?
it I Nor can we regard the profession of |
id devotion to the Union, on part of those i
s, I #rJ\o are not our a?sadanU-.. as sincere, I
I ? il ? ?
y wuvji tncy pro?ow?ce euiogies upon tne j
e Unioo, widen Uy with the intent of charg- |
al ing ua *4tl? disunion, without uttering !
\t one word of denunciation against our asis
SHiliinta. If friends of the Union, their
.course should be to unite with us in rer
pelling these assaults, nnd denoun;ing
js . the authors as enemies to the Un on.?
i\t | Why they avoid tlus, and pursue the
n- course they do, it is for them to explain, j
ie j Nor can the Union he saved by invoto
i king the nan>e of the illustrious Soutlyn-'
|y ner whose mortal remains repose on the
* , western bank of the Potomac. Ite was
t- one of us?a slaveJiolder and a jjjanter.
a Wo have studied his histoiy, and find
ie nothing In it to justify submisojr.n to
sr wrorg. On tlie contrary, his great fame
s- resin on ino hoim lounuauon, mat, while
ig ho was careful to avoid doing wrong to
k- others, ho was prompt ?nd decided in re1
pcJling wroog. I itr^st that, in tihis resve
nect, we have profited by his example,
ar Mor?an we find anything in his history
j. to deter ue from seceding from the Union,
iihoirid it fail to fulfil the (Objects for which
c, it was instituted, by being permanently
is wad hopelessly converted into the means
rl, of oppressing instend of protecting us.
je Un the contrary, we find much 111 Im e*
%- L-.-l J
a- forced totiie extremity of decjdiog be|y
twoen submission And disunion. There
i- existed then, as well as now, a union?
c. that between the parent country and her
tl; then colonies. It was a union that had
ih much to endear it to the people of the col
>n onies. Under its protecting and s-uperr,
intending care, the colonies wore planted
id and grew up ftrrd prospered through a
n, long series of years, uu?il they became
K) populous and wealthy- Its benefits were
iy not tomited to them. Tlwiir -extensive agricultural
and other proiluotions, g>*ve
lf birth to a ftonish commerce, winch riclij
ly rewarded ibe parent country for llic j
,e trouble and expense of establishing and ,
protecting them. Wasn.ngton was born,
T and a^ew up to manhood fcnder that !
j"t utiioft, He rteqrsrrod tfe earty distinch
Hon in its *<6rvire, and tfeere ?-every reafm
son to believe Unit he *rm devotedly ntn
tnchedtoit. But his devotion *rna aim-!
I( liontd one. He w is attached, net a? nn |
end. but as a means to nn end. When it,
^ failed to fulfil its end, And instead of |
ntT<irdtio^ protection, was converted into j
h the means of oppressing the colonies; he j
, did not heflit xte to draw his swoTd, and
head the great movement, "by twhich that
' union wa? forever severed, and the inde- |
? pendence of the.?o States established. ;
^ rli'w was the great arid crow nine; glory of !
his life, which h*is sprend his fame over
the vrho4e, and witt transmit it 10 the latest
posterity.
a Nor can 'ho plan proposed by the <Hs1
tipguiahed Senator from Kerrtna&ky, j?or
? that ofikeJUlimriistrationsave the union,
t, I shall pass by, without remark, the plan
gj Hurraed by ,tho Senator, and proceed -ji j
if ffiHy to the -consideration of tha? of .the
,, ;fl&i?ustmtion. I however assure the ;
, distinguished and ablo Senator, that in
\ tR^in^ this course, no disrespect whatev- .
y ^r w intended to him or his plan. I hare j
adopted it facause so many Senators of
distinguished abilities, who were present
when he delivered his speech and explain
ed hjs plan, and who were fully capable
to do justice to the side they support,
have replied to him.
The plan of the Administration cannot
save the Union, because it can have no
effect whatever towards satisfying the
States composing the Southern section of
the Union, that they can, consistently
w?u? sr.iety and honor, remain in the Union.
It is in fact but a modification of
tho Wihnot Proviso. It proposes to
effect the same object?to exclude the
South from nil territory acquired by the
Mexicnn treaty. It is* well known that
the South is united ngninst the Wiimot
Proviso, nnd has committed itself by solemn
resolutions, to resist should it be
ndopted. Its opposition is not to the
name, but to that which it proposes to
effect. That, the Southern State hold
to be unconstitutional, unjust, incon
sistent with their equality as members of
the common Union, and calculMcd to
destroy irretrievably the eqUilibiium between
the two sections. These objections
equally apply to what, for brevity,
I will call the Executive Proviso. There
is no difference between it nnd the Wilmnt
P*cPnl in tlin '
, iiiv mum; ui eiux;ijlig llie
object, *md in tb?t respect, I must any,
that the hitter is much the least objectionable.
It goes to its object, openly,
boldly nnd distinctly. It claims for Con
gi ess unlimited power over the Territories,
.awl proposes to assert Hover the
territories acquired from jVoxico, by a
positive prohibition of slavery. Not so ^he
r" t PrtM'ic-n. J* tjiVpn r.? j? - '
jjxOibuuvc a iei#viau^ yuvA.o till indirect
course, nnd in order to elude the Wihnot
Proviso, nnd thereby ivotd encountering
the united and determined resi^micc c?f
the South, it denies, by impli^lfiWfejtWk
authority of Congress to legisimC^or Xhe
territories, nnd claims right as l^ong
intr exclusively to the
territories. But to effect ?**h0 obje?#*>f
excluding the bouth, it takes'tiare, iii tho
meantime, of letting in eniJ{A{$its freely,
from the Northern Slates ana j,ll ohter
qnarters except the South, whleh it takes
especial care to exclude, by hftWiVlg up to
them the danger of having flfcir '.'^lAves
liberated under the Mexican lcvjiyV. .'fhe
necessary consenucr.ce is^o exclude the
South from tho Territorwjust as eft'octu*
ally as would the Wilmot Proviso. The
only difference in this res|$|tf, is, thnt
what one proposes to effect. directly and
onenlv. tho other nrnnrvs.AR to
rectly and covertly*
Rut the Executive Proviso is more
objectionable thiia the Wilmot, in another
And more important particular.* The latter,
to effect its object, inflicts a dangerous
wound upon the Constitution, by depriving
the Southern Stales as joint, part
ners and owners of the Territories, of tlwii
: rights in them; but it inflicts no greater
wound than is absolutely necessary to effect
its object The former, on the con
tiry, while U inflicts the same wound,
inflicts others equaJly great, and, if possible;
greater, as I shall next proceed tc
explain.
I In claiming the right 1V>r the inhabit'
nuts, instead of Congress, to legislate foi
the Territories, in the Executive Proviso
it assumes that tho sovereignty of the
Territories is vested in the fo. mer, or tc
express it in the language used in a reso
lution offered by one of the Senators froir
Texas, (Gen, ILouston, now absent) "iIk
same inherent liglit of self-government rn
live people in the State*.M ^lujnpdmp
i- unconstitutional,
without example, and contrary to the
entire practicc w the Government, froir
ita commencement to the present time, n?
| I shall proceed to show.
| The recent movement of individuals in Calif?
rniiv to form a Constitution and a 8 til to Govj
emment, and to appoint Senators and Jtepre'
eonlativcs,is the rfrslfruit of ftliB monstrous
assumption. If the individuals, who made thi>
movement, had gone into Calfoinia as advcutu
i rers, and if, as such, they had conquered the
Territroy and established their independence,
jlio sovereignty of tho country would have
i been vested in them, as a separate and inde(undent
community, hi that case, they would
ave had -flic right to form a Constitution, and
i to establish a govornment for themselves, and
if, afterwards, they thought proper to apply to
Congress (or admission into ine Union as a
8<rvweigw mid J?jdependci>t St Ate, all this
wouUi iiu-ve to i>?taljliJied
principles. not (he
case. It was flic United States who coWfjiu r
ed California," and Anally ncuqircd It by lirettty.
The sovereignty, oi" course, is vested in them,
and not in the individuals who have attempted
to form a Constitution and a State, without
tlinii* rnn<pnf All #lii- ! ? j_-_
. ? ...... 10 vuuai, mynt ii controversy,
except it enn tw t<howii they have
fiinco lost or been divested of Their sovereignty.
Nor ih it less olear, tha', the pow6r of legislating
over tho acquired territory is vtated in
Congress, and not; ?B assumed, in the inhabitants
of the Territories. None can deny that
the Government of tho Uniied Stateh have tho
power 1o ncoiiire Territories, either by war or
treaty; but ,1 the power to acquire exists, it belongs
to Congrosa to ca ry it into execution.
On this point there can be no doubt, for tho
Constitution expressly j>rovides, that Congress
shall have power 'to make all lawt which shall
be necessary and proper to carry into execution
tho foregoing powers, (those vested in
Congress,) 'and all oU?er powers -vested .by this
constitution in the Government of the United
Mtatc*. or in any department or officer tfuircof.'
It matters not. then: where irfie ?
for, if vented At nil in the Government of the
United ?taU\ of any of it* department*, or
officer*, tho power of o&rrving it into oxebution
i? clearly vo*tod in Ctmgrow. Ilut this
important provisitm, while H flivmtto CongreM,
the power of legiid&tiag .over tho Territories]
impose# important reutrictiosn upon its e?to?P^
/
aise.by restricting Congress to posnlng lavro
necessary and proper for carrying the iwwer
into execution. The prohibition extend*. not
only to all laws not suitable or appropriate to
the object of the power, but also to all that ate
unjust, tmotjual, or unfair, for all *uch lawa
would be unnecamiry and h?ty>ropcr, and
therefore, unconstitutional
llaring now established. beyond conir"v?*rsy,
that the Korereignty over the 7*crtitoric- is
verted in the United States?that is, in the
voirctal States composing tlic Union?and that
the power of legislating ovor th?mii c*i?ro*?lw
vested in Congre<w, it follow.-", that the individuals
in California who hare undertaken to form
a constitution and a State, and to exercise tho
power of legislating without the cotu^nl of
Congress, have usurped the sovereignty of the
States and the authority of Congrese, and have
acted iu open defiance of both. In other
words \?hat they have done is revolutionary
pndrelol ious in its character, anarchical in Sta
tendency, and calculated to lead to the most
dangerous consequences. Had they acted
from premeditation and design, it would have
been, in fact, actual rebellion, but such is not
the case. 2'he blame lies much less upon
them than upon those who havu induced them
to take a course so unconstitutional and dam
gcrous. Z'hey have been led into it by language
held hero, nnd tho course pursued by
the Executive branch of tho Government.
I have not seen the an- -er of the Executive
| to the calls mad? by Uwj to Houses of Con* j
, gross, for information as to the course which it
' took, or the part which it acted, in reference to
' what was done in California* 1 understand tho
answers have not yet b en printed. But there
, is enough known to justify tlie assertion, that
uiusu >11hi proies* to represent and under
the authority of tlio Executive, have advised,
! aided and encouraged the movement, which
terminated in forming what they called a con- i
st'itution and a State. Ucncral kiley, who pro !
fessed to act as civil Governor, called the convention,
determined on the number and distribution
of the delegates, appoiutcd tune #ud
place of its nn*?tjng, was present during the
bOShion, and gave itn proceedings his approba- |
tion OTSaS^- \tt?yJfife?^WLUujhw- |
ity.h.e ought to *. been tried, or at least re
p1 ""muled an I ...-avowed. Neither having
Jone, the presumption is that Ins ppiturse Ufts
gecn approved, This,jof itself, is suJEcieut to
Idintify the Executive with him, ntuUo make it
rcspon.-ible for them. I touch not the question
whether General ltiley was appointed, or rothe
instructions under which ho proj
tweed to act,from the pi'Aseut Executive or its
predecessor. If from tin? former, it would implicate
the preceding as well as the present
- ldnunistrntiun. 1/uot, the responsibility rests
exclusively on the prcfent.
I It is manifest from Una statement, that the
! Executiva Department has undertaken to per!
form acts preparatory to the meeting of the inI
dividuals to form their so-called constitution
, and Government, which appertaiu exclusively
I to Congress. IndecJ, they are identical in
' many rospects, with the provisions adopted by
i Congress, when it gives permission to n territory
to form a constitution ami jQovermneut, in
, order to be admit ted as a -State- into the JJwion.
((?>!><. ?/l<u clw..vn (I At 4lw> ..
? |? .. PUXMIII ?l.Mk ???v vvumpuvw 1IJ/W1I
which the Executive and the individuals in
California ncted throughout this whole affair, is
unfounded, unconstitutional, mid da'^erous, it
! remains to make a few remarks, in order to
' show that what has been done ia contrary to
' the/entire practise of tho Government frojuiita
i cuawncQcevie&t to the present tim?.
Fr<W its commencement until the time tfiat
Miehigaju was admitted, the practice was miii
form. 'JVJvritorial GovejjAuU'Utu wei<u first or'
: gonised by Congress. rlMv? Government^ the
Uuited States appointed the Governors, J udg,
' en, Secret-oriee, Marshals, and other ofiicej-s, uud
the inhabitants of the 7erjituries were r^tusented
by legislative bodies, wlvosc acts wore
subjected to tho revisions of Congress. This
statu of things continued until tho Government
( ! of a Territory applied to Congress to permit its
I inhabitants to form a constitution and Govern
I - ... -.1 - "
uicm, pii |>iuiiiurj li? UUIIil^IDIl llllO 1110 union,
The preliminary act to giving permission ww,
" to ascertain whether thu inhubiU were suflici,
ently numerous to authorize them to be formed
, into a (S'Uxic. This was done by taking a census.
That being done, and proving su&pi
cicnt, perniiss on was gnsutod. J'he act grant2it
fixed aU tltf jKcluniuaries?tho time and
cciuf holding the couvcutiou, Ui.e quaUCoa?
! tion of thu voNys-estubliahmont of its houndaj
rfc*. mid all other measure.-* necossary to be
' | oottied previous to admift ion. 7'lio act giv
" | ing permission necessarily withdraws tho bov
| nrni(mty uf Uio United States, and leaves tlu
> inhabitant? ot tho iiiuijjtm.* ot?i? as free tc
i form their constitution and Government, a?
were tho original ?tat<j#.nf the Union after
they had declared their independence. Ai
this stntre. tluvinluiKllnnli <>?' i-?
came for the lir>t time a people, in legal anJ
J constitutional language. Pjw to <hfr, they
were, "by the old iw?t.s>uf OcHWjiress, called iuhab1
! itnntx, and not people. All thin is perfectly
1 . consistent with the tovereignty of the Unit?J
i ; States, with the powers of 6'ongres*, ami with
1 j tho right of a people to self guvermnent.
> I Michigan WAS tnf firnt case in which t'.cre
1 | was any departure from the uniform ruin ol
acting. Iter's was a very slight departure
from established ueago. Tiie ordinance of '87
secured to-her theiight of bectumng n SUite,
when *lio should havo (10,000 inhabitants. Owing
to xome neglect Congress delayed taking
uiu ccnxu*. Jn tlio meantime )?? 'population
increased, until it clvAjr'.y exceeded moro tbaii
twjo" t-hu .uuinbur wliioli entitled hot* to admix fsion.
At this stage ?he formed n constitution
and Government without tho census being taV.-nhy
tin- United States, ami 6'ongrwa waived
tlie onnsoum, ftii there was no doubt eho had
moro than a sufficient Jiuiolier 11 entitle ,hor to
admission. Mm wfltf-nui Jidtyittod at the first
tvessioti nhc ^ppUot^H^^^^Eeoine difficulty
rexitcctiug Uic boundary helv/o?)i her ami
Ohio. The great ii regularity, jH9|Mfl|
bion, took place at tho ne\t coknuio
point which can have no possible con
with the case of California. . V
The irregularities in all other caao^ifttJmvc
winco occurred are of a similar natf> e. In all,
there existed Territorial Government*, established
by Congress, with ofliooor appointed V
tho United States. Jn ^U, Uw^urritiMfia'
enunent took the lead in ciJAng cop? eniions,
and fixing tins prelinii;:arii/Tr*'Pi,r,,?r^
formation ef a conatitutiir ,H, 1"fl,on !?U)
the Union. Thoy th?
tynftl.oUjjiUjdWnJ#*^11. w>? <?f
(Jounce**oyi?(^'V?^'/itor'e;<' nm' vheiwvar
Utero was 'wjW''rt[,re frorn Crftablit-hcd
usage presumed consent of
tVmur^H nBf"ot m 'kfmoco of jt? authority,
^ "K^'ty oftbo UaiIUU Mat** ovar
tbe W *?* California
Bj/tjiJ^ouOtwUliOHi u< iyj<?,?v * single exam
yfi bf/ong# jttpiMlora, for you to decido
>mhat part you will aoHn rcforenco to thin iuipr?v?4?ot<jd
Uauwujuou. The Executive- ltaa
A%*
laid &e psjxr purporting to be (lie ConatitutiwJ
of California lx'f<rru yon, nud a-*k* you to ndmit
her ioto tho Union n? a State; nod the quwtioo
k: will you or will you not admit her! It U a
grave question, nud there rest* upon you *
heavy responsibility. Unto very much, will
depend upon your decision If you admit her.
t vou endonn nn.f ir(v.i ?"< " *' 4r"'
J XIKVIIV1I **? UU IrliRV
Iwm been done. Arc you prepared lo do d? F
i Are you pro pared lo furrendor your power of
legiflaUMV for the Territories; n power exprensIy
vested i'ii CoiHjro.ia by tlw Constitution, a?
has been fully established? Ci'-n you, coihUtently
with your oath to supiwrt flie Constitution,
dummuer the power? Are vou prepared
to admit that the inhabitants of tlic Territories
possess the sovereignty over tlioin, and that
any number, more or leu, may claim nny extent
of territory they phase; inn^ tain a Constitution
and tiovernment, and erect it into a
Htate, without arcing your permi.?i<ionf Aroyou
inrcpared to surrender the vovcrvigkty of
the United State* over whatever territory may
be hereafter acquired to the timt -.ulyentut era
who may rush into rtf Arc; y.ou prepaied to
Burrcudcr virtimlly to Hjjjr*jS^cci^jvc Dispartnicnt,
nil the powen wMicti wi have heretofore
exercised over tlie Territ.0r.ip4f If nut, how can
you consistently with your <U]Ljf jyid your oaths
to support li e Constitution, i;i\'tfyourassent to
the ndnuMfUgflf CaliforniaMa State, undir a
pretondc 1 Const i ll', ion and Government!?
ngnui: can you believe tlmt the pro'.cct of a
Constitution \v)ijcl> they have adopted, lias the
Jewt validity? Can you beliuve that (hero hi
sucty (i Stnto m veality as the State of Oaliforuia?
?o; therD Istio such State. It lias no Ifgal
or edJfstitutionaT existence. It has 110 validity,
&u0l4&&havc none, without your sanction?-.
^ Hfecn" you admit it as a State, when
accWdfng^o the provision of tho Constitution,
your power is limited to admitting new Slates.
To be admitted, it mint be a State, an existing
State, independent of your sanction, before you
eon admit jt, YV)ien you give y ur penni sicrv
to the inhnbi nt<* bf a Territory to form a Constitution
and a Stato, tho Constitution and Sta'e
they /oru), derive tlieir authority from the people,
and not from you. The State before admitted]*
octviallv a S'?JJ?vmd does not become
| eo bn the act of admission, ns woiM he the
' case with California, shiutd you admit her um
! . - ...
trary to constitutional provisions and established
usage heretofore.
The Senators on the other side of the Chamber
must permit me to make a few remarks, in
this connection particularly Applicable lotliem,
with the exception of a few Senators from t'io
South, sitting on that fide of the Chamber.
When the Oregon question was beforo this
' body, not two year? sipce, you took (if I mis'
take not) universally the ground, a at Congress
( had the sole and absolute power of leg.slating
j for the Territories. IIow, then, canyon now,
: after t)ie short interval which has elapsed,
i abandon the groi n 1 which you tork, and tnere,
by thu cby virtually admit that the fflfflcr of
legislating, instead of being in Congress, is in
the inhabitants o/tho Territoiies ? How can
I you justify and ?nncti<nby your votes, the nets
i of tne Executive, which aru In direct dcroga|
tion to what you then contend for/ But to approach
{ till nearer to the pre?Ant time, how
can you, after Cond.Mmjijig, little more than'a
I year since, tlio grounds taken hy the party
J which you defeated at the last election, wheel
i round and support hy ypui vo'oi tlio grounds
which, us explained r*>c.cn.tl y on this floor by tho
candidate of the party iutbo last election, arc
identical with those ou w.ich the Executive
luw acted in reference to California? What arc
| wo to understand hy ull this? Must we con;
elude that there is no sincerity, no faith, in tho
, acts and declarations of public soon, and that
' all is mere acting or hollow pr? fessiont Or aro
we to conclude that the exclusion of the South
from tlie il-rritcry acquired from Mexico is an
i/bject of so pntamount a character in yoar estimation,
that lviglit, Justice, Constitution, and
i Consistency, mu?t all yield, when they stand
| in the way of our cxclu-iou?
i | But it may be asked, what is to bo done with
I California, should she not bo admitted? I iuv
j awcr, remand her baek to tho Territorial condi,
! tion, as was done in tho case of Tennessee, in
' flie early stage of the Government, CongiOs.%
i in lier oa>e, had established a Territorial Government
in the usual form, with a Governor,
Judge*, niul other officer*, appointed by tho
Unite State#. .She w .entitled, under the
I deed o/ ccssjou, to bo adiu.itt^d into the Union
a? aState as room as shohud sixty thousand in*
habitant*. The Territorial Government, ho
> Moving it had that number, took a cen up, by
which it npponrod it exceotled if. Shu then
formed a Constitution, and npplied for admis- :
) atop. Ooygress refused to jadmit her, on tho
? ground that tho census should be taken by tlio
> United States, and that Congress had not de*
termincd whether the Territory should bo
formed iuto uuo or twoStates, as it was autnorijocl
4.0 <Jo umler the ce;,-iou. She ro tunic J
quietly to bur Territo.rii?l condition. A)\ uct
was passed to take.? }>y the U. State*,
containing Ji pwvj&ioiv that the Territory t-hould
form one Stat?. All afterwar swne regularly
i j conducted, oud the Territory admitted as a
i State in due ibru\. Th? irregularities in. the
I cn^ of California are immoaHU.iab'y lt atcr,
' nlid offer much stronger reasons for pursuing
the same cojre-e. But, it may bo sai I, Califor
nia may notnubmiL That h not probable;4but
| if fcho should not, wjien she jrcfujw, it will then
i bo time fur us to decide whaj. is to be done.
Having now shown what cannot save t)io
! Union, I return to the quorum with wliifch I
commenced : How can ttlio Uhipn bo faved f
There 4* but one way by which it can with any
certainty, and that u, by ti full and finalscttlotueiit,
on the principle of justice, -of idl questions
at issite two Bccflon^. * 'Itic
South vVspttjustice. ni?iplo justice, and less
M?t to take. Shu hut no compromise
the Constitution; aiul 110 concession
r to tuake. jSjm |tas already surrenuqh
that has little left to $urren.&
settlement wOUld go to the root
tor mc evil, anil rtfnlovp all cause of diAContdnt.
Py >fttinfvinflT thti /S'outh. *h<> rtoiilS rama;..
I
safely in tho Union. iiivl l'nn.-lv, i.- I
hnfniohy a lid /raternid fecBbfc bctwemitife
section-', which nxi-tc<j anterior (o
tjxj Jfug$Pw imitation. JNofhing olao can, with
any <%f|inty. ^od forever, ncttio tho
terminate Agitation, ptul wave
Hut c n thi> b^4agVt tw, rtisily : not by
the weaV.tr >>f itself do nothfn^
~~i<ot o,ueii protecfTTOlfebut by t|n^ Wronger.
The North ha* only W;Will it to?"comj)li.-h itr-^
to doj?iHtic? hy conceding ,tAtbo South an
her duty bv causing the >< t ii >nj#?on.srol; >' i ^9 f o
fugitive claves to bo faithfully fulfilled?(o
con^o tho writation of a** ?
priMrid? for {ho in-< i t i i
Constitution. l>y an |
ill bllUtUIHK! till' J <wWHMWMgS
protecting licrsolft bolero the eqinlJhrlnm between
the ncctions yi1 ' l,y f!"'
t ion of tiii-4 UovcrnAv! be no difficulty
indpfkiiypVtfK ft provision. <