The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-26
THE UNION.


principle like this fear extend the constitution to the
Territories dislike give the South the benefits of The
constitution. will give 10 the South every benefit of the
constitution which the constitution itself entities them
but when they ask extend that a region
of country where do not believe belongs, and when
they tell in the breath that will give them
rights which they do not conceive themselves, WHICH
do conceive that they hold then beg leave to
stop-hen beg to say will go further am dis
posed give law California, but disposed
alter the condition of parties upon this slave question
this country this period And entertaining that opinion
am bold enough to express IT, and enabled think to main
tain its propriety.
ground which has been fully and amply sustained by
the senator from Massachusetts, GMr WEBsrER.l The
from South Carolina that have been endorsed
in full by the senator from New Hampshire, Mr. HALE
and in part by the senator from Massachusetts, have
been endorsed in full by both have at no time qualified
my original proposition II was based upon an amendment
offered by the senator from Wisconsin That amendment
that the constitution Of the United States be extended
and my position that you could not extend the cons
tuition of the United States. did say that you could
law giving them trial by jury the right of ha
beas corpus any other commonplace principles which
protect in the enjoyment of civil liberty; but said
that could not this way, erlend the constitution of
the United States That my original proposition
And now, will the senator's, either the the 9th
er pretend that you can, with this amendment extend
the Of the United States Why the senator
from South Carolina does pretend that you extend
that part of it which is eaguea compact. How much
of it, then As the amendment stands here, you extend
| it in whole, not in part.
But sir, it is part of my purpose consume time, and
only answered this proposition because dd not wish to
be put wrong position in reference to my legal PROPOSE
ZION originally taken upon this bill
Mr.. BADGER moved adjournment which was lost
on dvision--ayes 20, D.
| Mr.. DOUGLAS was very unwilling to enter INTO any
discussion Of this matter amendment To this bill pre-
ferng take up the subject Of the organization of gov
eminent for California in bill by itself there being bill
before the Senate for that purpose When that bill is taken
up if such should be the pleasure of the Senate, twill be
omen amendment and State bill can be adopted,
Territorial BILL the Senate might prefer And should
| not n but for he
disposition take tonight and for the further fact that
whilst the Senate have refused to consider bill separate
shape they complain that the matter put upon this
bill. When appeal to the Senate take up this bill ITSELF and
have the subject before them regular FORM they vote No.
and refuse allow consider the subject at all Then
when come to bring an amendment to the civil
and diplomatic BILL they eprove for violating the rules of
legislation and ask why did not offer 1t as an amend
men the other bill ask them why they did not give
bll' When the senator from New Hampshire Mr.. HALE
reproves for not being willing meet this question bold
ly, ask kim why he did not allow ns to meet boldly
believe he has been willing upon one, and but
son to do
! Mr. HALE (interposng) That was the only vote l
gave upon the question. | voted to take it up.
| Mr.. DOUGLAS. am happy to hear it. Again find
that persist in arguing the State bill although they
would allow be taken up. The senator from New
Jersey Mr. DAYTON who made very able speech against
the proposition for the admission of California State
refuses allow opportunity to consider the PROPOSE
ton at ALL and complains that is very irregular upon this
Mr. DAYTON (nterposing) said that he had minated
his willingness to take up the State BILL if all the amend
ments to the civil and diplomatic bill were withdrawn
Mr.. DOUGLAS That may be at very late
period but upon every vote to take up the California
bill, his vote has been in the negative. And my
friend from South Carolina in, and attacks the
State bill, and refuses to let it be considered will
ling nowif the Senate agree willing to stop here,
and think every member willing to stop this moment,
and dispose Of the present BILL if then have the sub
ect of giving government California considered the
State bill Cres of agreed" "agreed," from both sides
of the chamber hear them say agreed" will repeat
the proposition is, provided the Senate by unanimous
consent, wi agree take up the California State bill
with view to action thereon by passing State Terrific.
RIAL any other form of government that the majority shall
prefer as this bill Is over that all these propositions
be withdrawn and the appropriation bill be allowed to pass
| Mr. TURNEY. ! shalt oppose any such bargain.
Others may make if they choose but shall oppose any
| such proposition.
Mr. JOHNSON of Louisiana moved that the Senate
take a until 6 o'clock.
I Mr. KING. am decidedly opposed to taking recess.
think experience of last session shows that is best
for us here until late hour necessary for
the transaction Of business; and when adjourn, not to
the evening" until the very last of the session.
when it may be absolutely required think we gain
nothing but really lose much think such scenes were
Inhibited during the last calculated to relieve
the Senate very much. trust we will not take
The question being taken upon the notion II was mega
lived.
! Mr. DOUGLAS. l have not many words to say upon
this question: which has been occupying the attention of the
Senate regard the power of Congress extend the
constitution over the territory of California shall vote for
the proposition to extend the constitution over the country
believe have the power to extend 1t In all It's parts
constitution a country that have to bring country
inside Of it, believe the effect of extending the
ton over its make California State of the Unon with
two senator's and representatives IN the Congress OF the
United States and authorize them to form a constu-
on and State government they please. Believing that,
sir am for the amendment of the senator from Wisconsin
1t extends the laws the judiciary act, the land
laws the Indian laws and all other general laws of Con-
gress it and by extending the constitution of the
United States it, constitution, in 50 many words,
il State with right of representation in the
Union. And, sir, am sorry that the senator from
Massachusetts in his to be able say whether
that the legal effect of it, 1t is true, that
State would be nchoate condition until organized
state elected its legislature-unl the
legislature elected it's senator's; but the that that
DONE would be State of the Union with hs right of
representation herea State with all its laws complete. Ii
would be the most summary mode by which we could
dispose of this question. DO not think it would be
the best mode. | think if going to make them
q State we had better make them by passing a bill
purporing to be State bilby authorizing them to form
constitution, and that in due form-by prescribing who
may be legal voters and by prescribing the mode in which
they may assemble in convention Such, sir, think would
be the proper of proceeding And to the power
of Congress do entertain doubt, although
press ii with great Difference the Judiciary Committee,
upon this subject.
do not think the senator from New Jersey (Mr. DAY.
TONI has treated the subject with quite that will not
fairness butt lbealy that he ought have done. He
speaks of the bill proposing 10 create State Now,
| not going into any metaphysical discussion as
to the power to State. do not believe the bill
have proposed does create a State. l do not think
the senator would think no examined it, The bill pro-
vdes that the people of California be authorized
for themselves constitution and State government and that
when they shall have erected State for them
Selves they shall be State Of this Union 1t does
raise question Of the of State. The only