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

IA Pl4tttit1S tAAG tdt@ Il
gest number OF the report. He, however, was
not fully satisfied that the project suggested !
by him at the close of the last session, and
now embodied in this bill with some modifea. |
lions by the Senator from Illinois, was obnox- |
lous to all the objections which had been so
lngenlonsly urged against it in the report He
was for doing something at the present ses-
s sion, to save California from the evils appre
hended from the present state of things in that
far distant territory.
MIR +. said he should have been disposed 10
bring forward some measure himself, had it
mol been Tor the apathy manifested here to the
subject. He thought there was serious dan.
ger that we should lose California, if some
thing was notdone at the present session, and
did not yet despair of doing something. In
regard 10 dissolution of the Union. about
which fears had been expressed that, he con-
ceived. depended upon the course pursued by
mad fanatics who were agitating the country
All the points had been discussed and set
tied at a meeting anterior TO the adoption of
the Report. f..
In regard TO the Senator from Illinois, no
disposition existed to exclude that Senator
from the deliberations OF the committee, and
the only reason why he had not appeared be.
fore them was that the Senator himself had
expressed an unwillingness 10 do so.
Mr Berren said the position in which he
STOOD might seem TO require that he should
say something, after the remarks which had
been made here to-day His position on the
committee had not been sought by him, and
he had simply endeavored to perform his duty
IN the committee.
10 the statement of the Senator from Loui-
siana, that he had never seen the report until
TINS morning, and was therefore unprepared to
L.. L n
the propositions of the report had been discus
sed at previous meeting of the committee,
and all had there received the deliberate vote
of each member
The committee, in the report, have merely
asserted that Congress has never exercised the
authority to declare any unorganiZed territory,
without government, to be State of this
Union. In the case of Kentucky, the Legis-
iature OF Virginia had expressly provided for
the case, and from that act of separation in
1870, up to 1902, when Congress Iegislaed
tor her admission into the Union, there had
been an actual government in Kentucky So
also in regard to Vermont and Tennessee, &C
tual territorial governments existed at the time
OF their admission. In the case of the latter
that territorial government was in existence
from 1890 TO 1896, when she formed con-
sttutIon and applied for admission into the u
States.
He had, in concurring in the report been
firmly impressed with the opinion that Con-
gress does not possess the power TO admit
California in the manner proposed. His views
he should state at length at proper time.
Mr. Doug lass insisted that he vas not wrong
in the statement which he had made, the facts
which he had produced as precedents, on the
constitutional power of Congress. And when
the time came, to which the Senator from
Georgia had referred, he should make ii SC
clearly appear He proceeded TO repeat and
explain the several acts in reference 10 the al
mission of Kentucky, Tennessee, Vermont
&c, to prove that he had been correct in his
statement of facts, reserving the remainder OF
the argument for the "proper season.
Mr. Westcott argued against the power to
admit California and New Mexico as State
so long as they were in state of dsorganiza-
ton, though he admitted that the presentation
Of a written constitution in the first instance
was necessary to such admission The con-
dition of California and New Mexico was,
however, very different from the state of things
which existed in Vermont Kentucky and Ten
nessee, when those States were admitted into
the Union.
Mr.. Dayton had been very much surprised
at the course which this debate had TAKEN
AS a member of the committee, his position
was somewhat peculiar, for he had concurreC
in the main propostons-frstly, that Con
gress had not the constitutional power now tc
admit California as a State; and, secondly
that it is expedent now TO embrace within thu
territorial limits of New Mexico territory ly
ing east of the boundary OF the State of Tex
as.
The statement OF the opinion OF the Su
preme Court, in the Rhode Island case, as /
appears in several of the public journals, Ii
inaccurate in some important particulars TIT
court did not decide that Dorr did or did no
improperly set up the new constitution, no
that he could not rightfully support it, blu
held that they had no power or Jurisdiction
as Judges, TO decide these questlons-that the.
were political questions, which must be set
tied by political tribunals, and, when so set
tied, it was the duty of the court TO take tn
decision of these tribunals for their guide
and that, in this case, the political auhoritie
of the State having decided in favor of tn
old charter the court must sustain it.
Upon one point Judge Woodbury. descant
ed. He was of opinion that in such civi
strife, among its citizens, as was proved t
have existed in this case, the State possesse
no constitutional power to declare martial law
He held that the General Government alone il
by the constitution, empowered to declare wal
and to resort TO tUdr measures, to suppress IN
surrection, and put down domestic violence
that a State should first use its civil power t
suppress them, and if this be insufficient. ne'
call out it's militia 10 aid IFS municipal Officer
and if these should fail, then call on tn
General Government for further aid-that
would be dangerous, for many reasons, TO a.
low State to resort TO war measures, undo
the circumstances which existed in Rhode L
land.
This point is SO important 10 the people
this country, that. it seems to me- the write
opinions of the judges should be given 10 Il
public, in the first instance, through some mo
familiar channel than the usual reports OF Il
Supreme Court. ....
WEDNESDAY, Jan. 10.
SENATE.
After the presentation of memorials and p
titions, Mr. Fitzpatrick reported resolutit
from the committee on -, for purchasin
for the use of tie Senate, 5000 copies of &c
ofH California Ryc chowinr tho