The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-21
Mr.. WALKER. They had a constitution, and were

Mr.. WALKER. They had constitution, and were
Stale before admitted into the Union
| Mr. BELL They State out of the Union
then. Did they do this without authority of Congress
Did they then do in violation OF their allegiance to
the United States Was it not violation OF the sover-
eighty of the United States, have examined the sinh
ect OF admission into the Union and with great respect
for the learning, and ability. and honor of distinguished
senators, must say that whatever proceedings OF that
kind were undertaken byAWisconsin were revolutionary
and not IN accordance with the constitution OF the United
States
do not mean 10 say that the people have not revo-
lutionary right They have such a right but | must
be permitted 10 say, and make the assertion with con
hdence, that no State exist independent sover-
eignly where power may be exercised by separate
sovereignty though II may have government and lin
ited sovereignty as dependent province For example,
Ireland was once sovereignty but not Independent
what nation sent ambassadors 10 Ireland to Scotland
before the Unions No such thing is known in the prac-
uce OF nations sending envoy to dependent SOW
ereignty. Any namber OF civilized human beings may
assemble, and, by common consent institute any form of
government or civil control whatever They may make
the elder OF the community the presiding officer and
the next IN seniority to him may constitute his
cif, or by whatever form they choose 10 prescribe,
they may exercise the rights OF sovereignty The
little Italian republic that is perched the top of the
Alps is an example of this But senators say that there
must be a republican form of government in order to
constitute State | care not what form of government
they adopt, provided II is community that is free from
The control the exercise Of jurisdiction of any foreign
of the United States, that such State exist Cali
lorna until she has thrown of the sovereignty of the
United States There can be no such independent SOW
eregnty will constitute State, unless il be in of
revolution senator near me reminds me that under
the ordinance OF 1887, form OF government pre-
scrbed for the northwest territory, and it made
And when you show that California stands in the same
relationship then you show parallel case; but until
them there be no State in California until you admit her
into the Union. Instead of having power to cre
ate State at ALL and that there must be pre- existing
State, the very act for the admission is the creation of
State There can be no State until its admission into the
Tho tnF CON
that brings State into existence.
Mr.. WESTCOrT. Will the senator permit me to re-
mind him that the constitution of my State founded
the authority of Congress- but on the authority of
an act of the Territorial Legislature
Mr. DAYTON Many of the States were admitted in
Mr. BELL will inquire whether, in the case of
Florida, the Territorial officers displaced and State
officers substituted under the authority Of that act
Mr. WESTCOTT. The act provided for State officers
when It's government as State should go into operation
Mr. BELL. | will ask and the senator can answer
simply or no. whether the territorial government
abolished by that act ?
Mr. WESTCOrT. 1t was not
Mr. BELL If it had been, it would have been
lutionary proceeding.
much longer refused to INIT Florida State there
no question but that her territorial form of government
would have been changed into that OF a State.
Mr. BELL | do not mean to say that people may
not be justified in exercising revolutionary power but
what mean to say is, that there be State until
the sovereignty tina, claims the territory permits them
admission into the Union not State, and this is
confrmatory of my argument Sir, State only ex-
ist propro vgo1, where there can be no other power
which has right to exercise jurisdiction her.
There is proposition clear than that there
be State until it is made State by admission into the
Union. There can be no State, properly called when
other government sovereignty
y Mr.. BUTLER. | wish to understand the senator's
Mr. BELL 1t is that no State can exist in territory
which any other power exercises sovereignty and
although the people of territory belonging the United
States should form to themselves State constitution
is not State in any sense of the word an it is admit
ted into the Union have high respect for the opin-
ions OF distinguished senators here, but am satisfied
that when they to investigate the matter they will
give the credit OF having been right in regard to this
point 1t becomes State when admitted into the Union
not according to the common acceptation of the term,
but in the prescribed by our constitution is
State with all the powers of sovereignty except those
which are reserved to the general government What
say is, that if the people of California assemble and
adopt form OF government and elect their officers,
that does not constitute State. No power
lst there except hy our consent: and instead OF its
being true, according to the report OF the Judiciary
Committee, that Congress cannot create State
affirm directly the opposite proposition that State can
exist except by act of Congress 1t is Congress that
breahes life into and makes it virtually State The
Judiciary Committee has said that there is organized
system of law in existence there But is that consttu
tonaI objection There is government there. The
Mexican government still exists. They have their Span
sh CODE their statutory and common law, their civil
officers, their alcalde their rights OF property and personal
rights are protected
Mr. CLARKE If the senator will give way, as the
hour is late, will move an adjournment.
Mr.. BELL understand the condition upon which
such indulgences ordinarily granted
Mr.. FOOFE If the senator desires that indulgence
will vote for it,
Mr. BELL Not in the least
Mr.. YULEE. Although the senator does not claim
the indulgence yet II must be evident every senator
that the gentleman from Tennessee is somewhat ex.
hausted. will therefore take it upon myself to move
adjournment.
Mr.. BELL My honorable friend will oblge me by
withdrawing that motion.
Mr. YULEE. Certainly, if the senator desires to pro.
ceel.
Mr.. BELL Now the other question with regard to
there being civil organization there, say there is
organization but with regard to the sort OF government
that is organized there, and the of that
must be organized before admit territory into the
Union as State ask what is the direction contained in
the constitution 1t is only that must guaranty them
in which the people, the whole community, have
voice. That is commonwealth and it is to all in
tents and purposes republic. To constitute repub-
lie is requisite that there should be every minute
form that is observed in the States of this confeder
acy. Every form OF government is republic where
the people select their rulers and it does not matter
what form they may find it expedent to adopt There
to the proposition which have submitted 1t is ques
ton of expediency and have admitted already that we
do nothing out OF the usual practice of the govern
ment which is not expedient. And suppose they
should not send representatives here for forty years.
would like to know from the Judiciary Committee what
would be lost Nothing, undoubtedly. Have not some
of the States of this Union refused for wears send
senators to Congress?
Mr. FOOrE Does the honorable senator recolIect
thai DISTINGUISHED Inns