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

So the committee seems to have come back to the ques
ton OF expeieney think then, Is clear that II Is com
petent for Congress admit State under such ccumstan
ces The expediency of this act is another question.
There are some other of the remarks OF the gentleman
upon this branch of the subject which require notice lie
says:
again why should oversep that system of lcgjsla-
ton which have acted upon heretofore all and
occasion FIRST porary government then the loves
grade Territorial then the second in degree
then nd niting the Territory into the Union State"
Mr. President, although this general statement may be
correct in many cases, is correct in detail There
has been uniform practice which has been adopted in
every The senator says, First, every tenn
porary government" This mistake; there tenn
porary government the the understands il
that authorized by Congress- in Vermont and in
other And it fact that in any terito
rial government established and the State admitted
after she had formed constitution. In the authorizing
Louisiana to form constitutions provided that she
should submit her constitution to Congress- and if ii was
dsappoved during tho session OF Congress- she
should be State the Union Congress did approve of
if this had been done, Louisiana would have
been in the Union under the previous act.
Mr.. DAYTON Gnterposing) The honorable gentleman
will please ccoect that applied that remark altogether to
the States acquired from foreign governments and not to
States constructed from original territory from parts
of other States
| Mr.. DOWNS. Perhaps the gentleman did confne his
remarks TO that class of but for cannot
the least difference between the consider that when
any territory acquired from foreign country becomes
part of the United States We have the control
as we have over territory transferred by State The
ton of power the both The question OF
pedency may be very different Ii may not be expedient to
bring people into the Union once whereas may be
expeden give the people of State formed from
other State instant admission into the Union. In the
of foreign country you must obtain the consent of the
foreign government, and in the of State must OBJ
tain the consent of the State And whenever
that gained, all difference power
exist. In the of Kentucky we could until
obtained the consent Of Virginia. and in the of Louis
could until obtained the Of the
foreign power which she belonged but the that
obtained all difference the power Of Con-
gress to admit those the Union States
| ceas fact la, "
the senator from New Jersey has been followed every
instance Of the acquisition of foreign country 1t
adopted in the of Texas. Texas had preliminary
government Of that kind She had government of her
Now, Mr.. President the gentleman has admitted at last
that Kentucky exception. That is question that
much mooted at the time this question first brought
before the Senate The gentleman admits that Ken
lucky brought the Union before she had formed
State constitution. The facts clear that it cannot be
doubted. But the gentleman says that the case of Ken
lucky rule this subject because has not been fol-
lowed in other that precedent And he says in
direct and strong language that sit is which the
duct of the government for fifty years has repudated 1t
stands alone"
Mr. President however high the authority of the gentle
this subject may he, and however disposed he may
be repuiate the precedent of Kentucky present
the Senate an authority which think the senator from
New Jersey will not repudiate when he shall
fleet upon it, 1t is not idea of my own it is the author
y of the Father of his Country The very opinion which
the committee has been sanctioned by the very highest
authority, by Washington himself, in very similar
to this In 1890, when this question opening in
Kentucky when Virginia had given her that Ken
lucky shoud form separate State but when there
State government there organization of any kind,
cept the convention which assembled decide whether
they would agree to accept the terms Of Virginia not
that convention did assemble merely for the purpose Of
pressing the opinion Of the people of that district that they
would become Slatewhen having obtained the consent
of Virginia, they memorial Congress and to the
President of the United States Washington requesting
that this proceeding might be sanctioned, and that they
might permitted into the Union State. On
under these WASHINGTON,
his annual address Congress, used the following IAN
gusge:
'ince your last have received communications
by which that the district OF Kentucky at pres
part of Virginia, has concurred in certain PROPOSE
| which the district become distinct member of the
Unon in the requisite sanction OF Congress be added
For this sanction application is now made shall can sc
life pers ths very be laid be
fore you. Tie ber ,ty and harmony with which i hes
conducted will be found do great honor to both the
parties and the sentiments of attachment to the
Union and lis present government expressed by our fellow
citizens sntucky, cannot fail to add aectonate con
Germ particular welfare to the great national in
pesson under which you will decide the case submit
This is the authority of whose opinions not offer
doubted and whose authority is seldom questioned that
not stronger than the one now before u.s. 1t no
ONLY for Congress admit State into the Union
but he recommended high national considerations, as
well as peculiar considerations applicable to that country
This case is analogous many respects to that OF Ken
ncky THE settlement of kentucky at that time was Thu
first step the United States making west OF the Aesha
nv mountains. The great national considerations ther
connected II were very slhiiar W 'iosc III"
to Cuonathe great emigration TO that country the set
Element of that mighty region shall not dwell on TINS
poin but if necessary to go through all the cases
of the admission of States into the Union, senators wou
find that there has been uniformity upon the SUBJECT
Perhaps there have been cases where Territories ha
been first organized Territories and then admitted in
the Unon than other but there has been no RUE upo
the subjec whatever.
do not wish the honorable senator from New Jersey,
ANYBODY to suppose that by the admission OF State
understand the creation of State. | have taken NJ
such ground. il is only necessary that Congress- should
give their consent, and that they can do before tn
constitution formed well as after it, But the senate
seems to think that there will be great difficulty IN al
hitting a State 1t not the idea or intention
of thos, who advanced the opinion that a State cou
be admitted that she could be brought into the Union by
Congress and put into full operation at once Qh the con
rary, they expressly d'scamed all sch iIea ana n'en
ton She cannot DO brought in at once She must hav
Stale organization before ahe elect her senators an
conservatives and until they elected she cannot 10
n,actcallv in the Union. The position ] assumed was
the consent Of Congress might be gwen before her con
,u,on and State government formed ana IN the yer
hin which the minority of the committee reported pro''so
rada that Congress should in the first instance, CIV
ha; consent to the formation Of conslItpuon and Stat
government and that when they had formed 'hsr cp"eeu
lion and government they should be admitted pl"V'a'
nothing out what usual in such cases.
u Mr. President before leaving this subject, would stat
that Notwithstanding the doubts which gentlemen have
not vhsanding aversion they may have to giving IN
people of California government al the prcse" SESSION,
hink that that people will form constitution and presen
here that will become proper for Congress 70 ACT uPo
il and think they will act upon It, VIII not enter 'u
Their into the question of expediency.
believe that the grounl taken by senator's concerhn
the character and number of the population OF Ca'orn'a
is altogether wrong. believe that the popu'aon o' wa
country in wear hence will astonish the senator from AZ
| ILL ~ urOO