Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-01-19

bill. entitled bill, for the admission OF Cali.
forn;a into the Union as State !.
A majority of the committee recommended
the adoption OF the following resolution: ~.
RESOLVED. That it Is proper 10 organize tiers
rltorlai governments for that portion, of tha
territory OF California which lies west of the
Sierra Nevada, or California Mountains ;:and
ior the territory of New Mexico, living west
OF the western boundary of the State of Texas.
MT Mason referred 10 the importance of the
report, and the importance also of having the
report spread before the country as extensive
ly as possible. He therefore moved the print
ing of fen thousand extra copies %
Mr. Douglass did not know that he should
make any objection to the printing of the
extra number, but he wished that, his own
views in opposition TO the report should go TO
The public with il. As he understood the re-.
port, the first objection to the bill is that il is
unprecedented 10 admit as State before there
is previously organized government; I'd,
that the proviso in the bill is unconstitutional
because no sovereign State can be divided
without the consent of the people thereof; and,
Sd, that IT leaves the settlement of the Gaes--
ton ofTexan boundary to the Supreme court.
The last he considered one OF the best fea-
lures of the bill; because the Supreme Court.
constitution, for the settlement of that uues-
ton. He desired to have decision in conso4
nance with the constitution and laws, and
then to do strict justice to Texas. 4..,r., :.
In regard TO the proviso, he had been will
ling to insert the words "with the consent OF
the people of the State" though he was not
willing to yield the point. that Congress had
not the power to divide the State. He was
ready to yield the point of the sovereignty of
the State, but the reservation of power to sub!
divide, was not depriving State of any poE-
ton of her sovereignty. !. Is
In regard to the other point, that it was un4
constitutional to admit territory as State, in
the first instance, the precedents were against
the assumption. 1t was never contemplated.
by the trainers of the constitution of the Unia
ted States, that State constitutions should first
be presented to Congress He cited cases.
Kentucky among the rest,-to shew that
States had been repeatedly admitted without
first presenting constitutions. :, s
When admitted, Kentucky was a part. of
Virginia, without any organized government.
or any constitution emitting her to the char.
acter of State Her constitution has never
been presented, even to this day. p.
So IN regard to the next States admitteds
Vermont and Tennessee, neither presented,
constitutions previous to their admission into
the Union. Neither furnished constitution
for inspection in the first instance. .s :,
Ohio was the first State admitted, which
was required to pr sent in the first instance a
constitution, and she was so required because
her territory was covered by the ordinance of
1887. She was so required, not that il might
be seen whether that constitution conformed
| to the constitution of the United States, but
whether it complied with the requirements of
the ordnance of 1887. -, i.
IN regard TO the State of Maine, the State
OF Massachusetts passed law that "Maine is
Stale OF the Union," and neither did she
| present constitution previous 10 admission,
MI Butter here remarked that 10 such prin,
ciple was contended for in the report, as that
! II was necessary to present constitution II
was necessary, however, that some sort of 60,
vernment should exist, and that application
| for admission should be made by the people
| themselves.
Mr. Douglass was glad to hear that such
pruciple was not to be contended for, as it
removed the only possible obstacle TO the adj
mission OF California as State at this session.
| About the details of the bill he cared nothing.
Ihere was government de facto in Gale
fornia and New Mexico, though moi good
| one, and there could, therefore. he no cnnsti.
tulonal objection TO such admissions He,con
| sltfered a State government now far more de-
| sirable than Territorial government, and he
| trusted they wonld not he permitted to remain
under that de Jdcto government for two years
longer, with no other protection than that de-
rived from Colts Revolvers, &c. SC.
Mr. Downs rose to request that the report
| might be so amended as to have il appear that
| the first as well as the second resolution EN-
bodied the opinion OF the majority OF the COM
mittee. Fl
Mr. Douglass Inquired whether the report
should not also be so modified as TO have II
appear that it expressed only the opinion Of
| the majority of the committee, He inquired
| further, whether the Senator from Louisiana
did no, dissent from the report
| Mr. Downs replied IN the affirmative, and
further stated that the report had not been pre-
sentea to the committee until l. o'clock this
morning-then was the first time he had seen
it, and as be had no opportunity to present a
counter report, he should take the opportunity
10 do SO hereafter.
In the case of Louisiana, law had passed
Congress, Immediately after the flag of the
United States had been raised. to admit her as
a State so soon as her population should A.
mount 10 10000. And be saw no reason why
the same authority should not be exercised ID
regard TO California and New Mexico
He did not dissent from all the points in the
report Some of them he concurred in. But
be was not in favor of rejecting the bill. He
had preferred rather that it should be amended
He proposed, in conclusion, a resolution, as a
substitute for those proposed by majority of
the committee, declaring that il is competent
and not inexpedient to admit California as a
State into the Union, on the same terms as the
original States, and (f rightly understood, y for
the appointment of committee to inquire and
report in regard to that portion Of California
lying west of the Sierra Nevada or California
mountains.
He had agreed at the last session that a state
OF probation was necessary, but state Of
things had since arisen, which would give %
California the population necessary for admis=
sion. and such a population too as might rem.
der imminent the danger OF anarchy, and per.
haps the formation of a government indepenf
dent of the United States. He further referred
TO forebodiDgs of evil in regard TO the heTma-
nency of the Union. but this portion Of his re-
marks was moi clearly understood. s &
Mr. Butler considered tEa debate entiFelYout
of order but he wished to stale that 10 no re-
port ever made by the judiciary committee had
more deliberate artentioa ever been given.
the least intimation of decree, on The paft Of
the Senator from Louisiana, 10 make coun7
Il L.. AZ L