The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-17
SENATE OF THE UNITED STATES.
Ictn

pending, but nothing conclusive was arrived at.
The Committee rose, and the House adjourned.
SENATE OF THE UNITED STATES.
January 9, 1879.
ADMISSION OF cALiroRsIA.
Mr. Berrien, from the Committee on the judiciary,
10 whom was referred the bill for the admission of
California into the Union as State, reported the
| same back without amendment, and submitted re-
port in writing.
| The report was read by the Secretary as follows:
The Committee on tho Judiciary, to whom was
referred the bill for the admission OF California into
the Union State, ask leave to submit the flllow.
ing report; "
The bill proposes to declare that all that portion Of
the territory of the United States which was nc
quired by the treaty OF peace with Mexico shall be
one State. S"
Tnat the said territory shall be declared to be at
once (by force of this billy one of the United States
| of America.
That such State shall be on an equal footing with
the original States in all respects whatsoever by the
name and title of the State of California. r.
| With proviso which declares
That Congress reserves to itself the right, at any
time il may choose to execute the same OF forming
and admitting States out Of any portion Of said
territory which lies OF the summit of the range
known as the Sierra Nevada, or California Noun
tains and with certain other reservations for the
protection OF the public property OF the United States
In the said State
II provides for the establishment of district courts
of the United States and the appointment Of the
qulse as III the OtDef states OF the Union,
and for The representation of the said State In the
Congress OF the United States. al t
The proposed amendments which have been laid
Oh the table of the Senate and printed by its order
and which accompany the bill referred TO the com
miee provide for the election Of delegates 10 con-
vention 10 form constitution for the State of Cali
forna, prescribe the number Of those delegates and
authorize the Judges, attorneys, and marshss prov
ded for by the BILL 10 lay off the Territory into cleo
ton Districts to appoItion the delegates 10 prescribe
the time and place of holding the elections; to desig
nate the persons who shall conduct the same; and TO
prescribe the time and place for assembling Of the
convention. The last amendment proposed declares
who shall be entitled vote for delegates to the
yention
The actual condition OF the Territory OF California
as stated in letter from the Department Of State
recently laid before Congress, is this: The military
government established in that territory ceased BY
the conclusion Of the treaty of peace 10 derive Its
authority from that source Of power. But the Sec
rotary thinks that the termination Of the war left
government de faeto In full operation, which will
continue, with the presumed consent Of the people,
until Congress shall provide for them territorial
government. The great law Of necessity, he says
ustihes this conclusion; and the consent of the peo
pie is inferred from the fact that the only alternative
would be state Of anarchy, beyond the protection
of all laws. The substance and import OF the letter
are given, not its language The political condition
of New Mexico Ia the same. According to this
view there Is then no Legitimate government existing
in these territories Mexican rule over them
superseded by the military government established
during the war and In every event. by their transfer
the United States by the treaty of peace, on the
occurrence of which that temporary government
ceased llso 20 have a legal existence government
de fdcto, resting on the presumed assent of the peo
pie s all therefore, that projects them from anarchy
In view of this state of things, the President, in
his annual message nj the commencement Of the
present session, declared II 10 be the duty Of Con
press 10 provide, with the least possible delay flor
New Mexico and California regularly organized ter.
fitorial governments Adherng 10 the isages Of
orr predecessors in relation ioterrorcs which have
been acquired by the United States by treaties with
foreign nations, the President recommends the es.
! Enlistment Of territorial governments. The bill
which has been referred TO the committee, departing
from this settled and uniform policy, proposes TO
create a State to unite the territories Of New Mexi
and California, very large in extent spnrsey pop
nlaed, and inhabited by people the greater portion
of whom are strangers to our constitution and laws
and, IN the Judgment Of the committee untitled, in
their present condition. to be incorporated into this
Union terms Of political equality with the people
of the United States. Such, II Will be recollected
was the view taken by the Senate when the treaty
with Mexico was under consideration. The ninth
article Of this treaty was in consequence amended,
| so as TO give notice to the Mexican Government
and 20 those Mexicans who chose 10 transfer their
| allegiance TO the United Suites, Of the terms on
/ which they would be incorporated into the Union,
and be admitted TO all the rights Of citizens of the
United States; that this would be DONE not Instant
y, as Is proposed by this bill, but sat the proper
time 10 be judged Of by the Congress of the United
/ State; that is 10 say when by territorial pupi-
lage, they had become acquainted with our const-
tuition and laws, conversant with the operations Of
| the government and had acquired in some degree
] that similarity Of character which can alone fit men
| for the intimate political association which exists
I between the several States Of this Union. Without
doubt the power thus reserved 10 Congress, by the
amendment which has been spoken of, would have
existed without thsimpress reservation, unless the
contrary had been stipulated in the treaty; but il
was III, in treating with strangers TO peculiar in.
stituiions, 10 advise them Of the existence of the
power, and of the determination Of Congress to en-
ercise III and II Is as an expression of the views Of
The Senate eyineive OF that determination, that it
/ IL now referred to-
| But, independently Of these considerations which
they think would render 1t inexpedient to pass this
Pill there's in the opinion of the committee ques
| Sent
The third section Of the fourth article of the con-
stitution provides that "new States may be admitted
by Congess into this Union;n and the last nara
graph Of the same section declares that 'the Con.
gress shall have power to dispose Of and make all
needu rules and regulations respecting the territory
or other property belonging 10 the United Statesb
Under this last clause, under the power to poy.
ern, which is necessarily implied in the right TO nc.
quire territory Congress has pas5ed laws TO organise
! the various territorial governments which have from
lime TO time existed within the limits of the United
States while under the first they have admitted the
people OF those territories into the Union when in
process OF time, they had become States duly organic.
edas such The States SO admitted have been either
!. such as formed part OF some of the States
OF the Union and We're formed out Of territories ced.
ed to the United Statts by Of the States, or by
foreign Government.
Those OF the first class were promptly admitted
into the Union az Sthtes having previously organiz
ed governments composed OF a people familiar with
our institutions, and sufficiently numerous 10 enti.
tie them TO this privilege Vermont and Kentucky
are examples of this class The States which have
been formed out the territories ceded TO the United
States BY some one OF the States, have been uniform
ly subjected 10 the rst instance to territorial govern
nienis, and have been subsequently admitted a.
States, when they Rad attained tho requisite nun
bcrs and on The eNti litjon 10 Congress- of a conal
tuition establishing republican form Of government
which, by the fourth section Of the fonrth article OF
the constitution, the United States were bound 10
gutraoiy,o every State, Tennessee and Ohio ere