The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-10

convention may be assembled and constitution may be
formed seems obvious reply that this difficulty, If 1t be
insumoptabie only more dsncty 10 provethe In
congriy OF an act OF legislation which proposes to create
sovereign State whose sovereignty necessarily excludes all
foreign interference IN its Internal concerns and which
has, al the tme gencies of its by which It's
sovereign powers may be exercised
The commitiee have deemed it their duty TO submit TO
The Senate one further suggestion in relation to the bill
which has been referred to them proposes TO admit as
State the whole territory acquired by The United States
Of New Mexico 1t is known that the State OF Texas
ella ms the Rio Grande boundary which
claim embraces considerable portion Of that territory
The effect of tbs proposed bill would therefore.
rily he 10 lay the foundation of litigation between the
pfeme Court, with the delay ncden'to such an Invest
gaton So long as II retains its Territorial iorn Is sub
the Territory concerned, and without looking the
terms OF the resolution for the annexation oil Texas, or
equltabe and more speedy adjustment of the boundary
ritoy and without expressing opinion OF the validity
iuvadly Of the claim Of that State the opinion OF the
be determined before State is created whose linz
It's would be affected by it.
portance OF providing for each OF these terr
tories, well from us regard the welfare the
pie who nhabit ihen to the interests of the United
States and OF treaty srpntations with Mexico; and
without entering into details this subject which are IA
miar 10 ali, and awaiting The further instructions OF the
Senate the committee ask leave to submit the following
olutons
"a bill for the admission Of California nlo the Union as
State"
ton OF she following resolution:
Rso'red, That it proper organz territorial govern
lies Of the Sierra Neyada % California moun,aias
aud for the territory Of New Mexico lying west OF the
western boundary OF the State OF Texas
MIR. MASON. The report which has just been read,
sir, subject not only deeply interesting to the Senate
but to the whole American people. have listened to
with great pleasure, and | apprehend shall not be
doing Justice to that which is not only the great subject
of the session, but the great subject before the naton
without bringing this document before the American peo
MA axtny ,,,.Ixr hlo
therefore move, that in addition to the usual number
of COPIES there be printed ten thousand extra copies
for the OF the Senate
Mr. DOUGLAS. do not know, sir as shall oppose
the motion, against the printing extra number
of this document should have been glad however, If
an opportunity had been given to the author OF the bill
have placed his view of the subject before the Senate
prior the making OF this report against it, should be
glad it, before that document to the country with Its
of the Question might be also set forth, and allowed
accompany it, in order that the country might get the
benefit OF both sides, and judge for themselves.
am not welded, SIR, 10 the BILL in the precise form in
which it went the committee. 1t is well known to
senators with whom have conversed upon the subject,
that was willing TO make very important amendments,
and change the character of the bill materially, provided
the principle was retained of admitting California into the
Union this session of Congress- The question OF bound
aryl willing TO give up. The question of division
would have fallen with 1t.
understand there are three objections made to the
bin First, that il unprecedented, perhaps unconstItu
uonal Tor Congress TO admit State before she has pre-
section OF the bill unconstitutional because
in that provisot stipulated that the said territory may
be divided; and third, it raises the question OF
the Texas boundary be decided by the Supreme Court
of the United States
This objection is of the merits OF the BILL in
my estimation Think the Supreme Court OF the United
States only the true tribunal but the only consttu
uona tribunal, for the settlement OF this que son Many
think that this question ought to be settled by Congress.
and say that Congress has the full power of settling it.
So far the rights of the Territory concerned, this
Is very true SIR but has Congress the right OF settling IT.
far the rights OF the State of Texas concerned
Texas sets up claim to that country up to the Rlo
Grande Can Congress decide whether that claim OF
Texas be valid not' II that claim of Texas be valid,
can Congress take away an inch OF II Has the con,
s,utiUn said that Congress shall decide question Of
boundary with sovereign Stae' But the constitu-
ton has given to the Supreme Court OF the United States
jurisdiction over such questions The effect therefore, OF
preme Court of the United States and vesting it in Con-
gress, to declare that this question shall be decided
against the Territory, by yielding the claims of the Ter
ritoy without reference to the question whether they
valid or not DESIRE Sir, 10 have just decision
upon this question: desire have decision made by
tribunal competent to alndlcate i'll desire TO have
the dcision made according to the laws and the facts
applicable 10 those laws, and then to do justice to both
parties.
My objection is to abandoning the rights OF the Terri
tory to decide in advance that they shall be surrendered
and surrendered whether those rights well founded
not This, sir, one OF my objections; but it was
one that might overcome in favor OF bill that would
tend TO ad just this boundary question Bat do not in
tend 10 discuss it now but merely to suggest as an OBJ
lection.
As to the second objections (for am taking them in
order from the commlttee) that the provso in
one section of the bill in relation to the subdivision OF
the territory prescrbes power which 1t is not compe-
tent for the government of the United States to exercise
l suppose that If the senator would have put In two
words as amendment, il would have been clearly
constitutional Ii reserves the power TO Congress to d.
vide this territory, with the of the States; and
should not have objected if the senator had inserted
those two words. Senators may say that the proviso
would have been void and of effect with the words
because could not have been afterwards decided by
the States. Be it so but it would be notice 10 the
world that this territory expected to be divided 1t
would have been notice to the people OF that territory
that the State expected to be afterwards divided
would have been notice that the State too large for
single State by itself, and notice OF that kind, it
would have had great import.
But, sir, am not willing to yield the point that it
would not have effect without those words MAINTAIN the
proposition that Congress can put no clause into It's law
Tor the ad mission of State which shall interfere in the
sill shest degree with the sovereignty OF Ae State; and in
reseving the power OF subdivision, merely regulating It's
boundaries is there involved necessarily the right OF Inn
ltlng the sovereignty of the State' Clearly not The
State would have the sovereignty with the small
boundaries as with the large boundaries. The question
OF sovereignty does not depend upon the size OF State,
whether ii be large small II you attempt to limit the
rights OF State IN banking, in finance, in currency, in
taxation, the question whether not viola
ting the State sovereignty. But if the only change is
OF boundary as to the Particular limits to which the State
shali Extend am not willing 10 admit that IT limits the
sovereignty OF the State because is the sovereign
fullest extent that 1t would have possessed II had the
boundaries renamed unchanged do not intend TO yield
that point by any means
Ihen SUI as to the main proposition, and the only
mat elt To be beyond compromise, and that am
not willing TO yield--(o course shalt bow in Difference
notc nmn ipnt for