The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28


they may think proper to adopt acqesce nthat Sia
in this requires distinct by the adoption
OF tcran constitution 1t may exist separate society
or State under customary unwrtten laws The execn
tive ard legislative powers may be assigned by common
to the senior members of the society the elders
generally, the judicial missionaries That
scntiaI to this idea of State that its political
shall be either wise, energetic effective for all the pur
Of good government may be very defective,
feeble but it is sufficient to maintain separate existence
independent Of all foreign control its affairs foreign
and domestic, it is a State-a onwealih.
maintained that If the present inhabitants of California,
with their present laws and imperfect civil organz,ioa
the uipuisd possessors of that territory holding
exclusive control and dominion it, they would be
State nation sovereign free and to
be regarded OF the community Of nations and as such
subject TO the law Of nations.
further maintained that State of this Union al
together deren that for its definition must look to the
constitution that Congress alone State in the
sense in which that employed in the constitution
and that Congress always State in this when
one ID admitted into the Union.
further maintained that the inhabitants of California while
the United States asserted sovereignty that terri
tory neither with their present imperfect form of civil so
ciety, nos ia the most perfect form which they devise
can become Stale until they admitted into the Union
such. .a.-. a.t .,.+-
maintained that there is nothing in that clause of the
constitution giving Congress- the power of admitting
States, prescribing condition that any particular FORM
or any form whatever, of civil political orsanizaon
shall exist the Territory admitted State of the
Union prior its admission and consequently that there
impeachment in the constitution the admission Of the
Inhabitants and territories Of California and New Mexico
Ofthwith into the Union State, if think it exped-
emit IN the present exisency, to do Or If it is thought
more advisable pass for the admission of these
territories at some future dayalowng time to the nhab
tants settle upon the form of State government in the
time, take effect the day provided for their ad
mission into the Unionthc constitution docs prohibit
such
further maintained that no State can exist in any the
territories which the United States continue
their sovereignty and urlsdcton except by the of
Congress declared by act admitting such territory into the
Union State That the of Congress given to
the inhabitants of territory hold convention and
form State CONSTITUTIONS does not thereby authorize the
carrying such form OF government into effect and that
constitution formed and agreed upon exists only
form and upon paper until Congress gives vitality by adj
hitting such territory into the Union State, by act
either precedent or subsequent
further maintained that the clause of the constitution
which guarantees republican form Of government the
States of the Union, applies only to States the Union
and that this power of the federal only be
exercised States already in the Union being
State known to the constitution, but already admitted
into the Union
(NorEMr. BELL desires to say that upon a more care.
ul review OF the remarks of the from New Jersey
(Mr DAYroN,) he is satisfied that he did that in
Justice in supposng that ha had treated his (Mr B)
gument unfairly; and although his tMG B'D remarks
the speech Of he PERFECTLY respectful
ye, he regrets IN wing made them
Mr.. BERRlEN. am very sorry, sir that the recolec-
ton of the dscussion the other day. with the from
Tennessee Mr. BELL] has rested upeasany upon his
mind as TO have induced him make these observations.
He perfectly that could have had the smallest
disposition misconceivc, and certainly msrep
resent him. The to which he has referred was in
vindcaon of the report of the Judiciary Committee for
which was individually responsible. II pronounced
the presence Of the honorable in respect the
argument which he had addressed to the Senate If he
supposed had misconceved his argument, would have
been appropriate to make his correction the
have listened the SENATOR and find myself still unable to
discover how it and what particular have mlscon
ceived the argument he has submitted the Senate. Sir
really CONSENT having made this disclaimer of any
intention msrepresen the SENATOR occupy any portion
ofhe little OF time which is allowed by
deavoring TO explain TO the what did the
speech delivered the other day The has occupied
very considerable portion of the time of the Senate
manner very interesting to us all, in explaining his views
These views have been published in the ordinary mode.
With my reply the same course of publication has
/ taken place. Now, sir, | willing at leave it to
the Senate and the community to look at his argument
reported, and look at mne say whether have
ceived correctly or isconceved the senator If have in
any particular, msconceived him, should regret much
the honorable will stand acquitted for the udg
ment of the public will be with him. In respect to the
remark reported which he styles Interpolation,
only say that have Of responsibility for that
believed the senator did the reporter has stated
and made my commentary accordingly. Ii he did not,
mlsconceved the of the SENATOR we'll the
reporter. replied under the impression which the
swer of the made upon me, and l think it
would be unjust the Senate occupy any further time
in this explanation. repeat, simply, that had the
slightest ntenton msrepresent the SENATOR and doubt
whether in the judgment OF the Senate did misconceve
him. If the wishes to make any observation now,
will yield to him. because desire to speak another
subject. aas
Having been thus called to the floor, Mr.. President,
avail myself OF the the entertain
upon the amendment offered by the from New
sey, Mr. DArroN am sincerely and conscenously dis
posed to termination brought to this atang ques
ton. My first impression that would be enabled
to accept the amendment proposed by the from New
Jersey with that modification which he has acuuesced
namely extending the time of the operation of the act
as relieve from the necessity of the certain recur
of this asitang question at the session
Congress. suggested to the honorable anothe
modification, which it not his pleasure accept
and not in my power to offer to the consideration oil
the Senate, because have attained to the last stage
to which we can proceed by way of amendment My
Jersey. with the modification which is proposed is that
in my Judgment exercise power beyond the
constitution of the United States If it be said that thu
legislation regard to Florida and Louisiana has gone te
the whole with that which adopted by the
from New Jersey, answer that, in my humble judgment
that is loose legislation to be honoed in breach
than in the observance.
The modification which suggested to the senator from
New Jersey--and his statement of it will explain once
why did -proposes to adopt the laws of the Mexican
rcpublc those existing in California and New Mexico an
terror 10 the cession. suggested to him this modification
also-"s 80 far the consistent with the
ton of the United States" The senator declined accepting
that modification, and therefore decline support the
amendment.
Now, sir, that brings very brief consideration Of
the question which discussed here the other daythe
question whether the constitution of the United States
atcs within the territories of the United States and If
operates in quo mode, whether by it's force by the
legislation of Congress- When the honorable senator from
Mas sachuses, (Mr. WEssrER who is called attend
to other duties believe, todaysuggcsed to the pro
prcy of having comprehension Of terms, pre-
sumed from my brief remarks, that was included in thai
admoniOn. accept and upon all subjects OF this
believe it to be Of the utmost importance: but there
other admouiton and that thsnot merely have cca
conception OF the which proposition expressed
-. of, io