The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-22

the same fees to which the clerk of the district OF Ken
lucky is entitled for similar Sc rvices.
SEC Ind be it farther enacted That there shall be
appointed marshal and district attorney for each OF said
districts The narhals shall perform the same duties, be
entitled the fees as are provided and prescribed by
the m trshas OF other districts and shall in addition be enti
services and district attorneys SHALL in addition to
their stated lees as now prescribed by law to other district
SEC AHd be II further enacted, That the said State
OF Otornla until the next census and appor'lonmen',
the United States
Mr.. BELL holding the floor from yesterday, resumed
his remarks, as follows:
Mr. President. | will scarcely spend moment in
recapiluating some one or two propositions which
have assumed, and which was discussing when the
Senate did me the favor to adjourn on Saturday
had land down the proposition that considered expe
dent upon every ground upon which the question OF ex
pdency could be placed to enact law IN reference to
tue organzaon OF territory IN California and New
Mexico which was not final and iryevocable and upon
an the questions connected with IT, had, SIR assumed
that the only practical mode of terminating this trou
blesome question forever, was to admit those terri
tories into the Union States or as one State
of two, according to the discretion and judgment
of Congresseither forthwith, to take date from The pas
sage OF the act of Congress SO admitting them, or at
early day. before this country shall have been
run with such great number OF Adventures from all
parts OF the world that we should probably find it
remey difficult to establish our rights OF sovereignty
over it.
In opposition however, to stich proposition as this
find the principles laid down in the report OF the Com
mlltee on the Judiciary. That may not be misunder
stood, beg leave to refer to passage or two IN that
report to show why have occupied any portion OF time
in referring to il.
The objection stands at the threshold of my proposition
and my argument. | read from the report OF the Judi
CARY Committee:
But independently of these considerations which they
think would render inexpeden to pass this BILL there s
In the opinion OF the committee, question OF power which
deserves the attention OF the Senate"
After reciting what has been done in various oher
cases OF the kind, the committee proceed thus:
"The same proceeding has been adopted in
aton territories acquired by cession from foreign pow
subsequently admitted as States louisiana and Florida
are instances OF this In no CASE has the power conferred
behalf unoganzed body Of people having no consi
tuition laws oreglima,e bond Of union by the creation
Union the sovereign States of the conledeacy
independently OF the inexpedency Of such COURSE in the
opinion OF the committee, Congress has no power to ADOPT
The power conferred by the constitution Congress is,
to admit new Staesno 10 create them According 10 the
theory OF car government the creation OF oae an ac'
Of popular sovereignty, not OF ordinary LEGISLATION. Is
assembled in convention, tha, it is created Congress may
provide for the assembling Of convention; hut 1t Is the
alone the State and until that is done, the power
conferred by the constitution on Congress ITO adm new
is nothing upon which It operate In the opinion o.
the Committee, then, this bill ought not to pass, because
by the constitution the National Lessature--namey.
the CREATION Of a nen Stale"
The PROPOSITION that | laid down, cir, was, that the
committee had mistaken the power conferred upon them
by the constitution and that there no impeachment IN
the constitution itself forbddng Congress to exercise
this power in this particular case assumed me posi-
ton that Congress the only power that could create
State instead of It's not having the power to create IT.
No such absurdy s of to be understood as that
the government can create the territory or population
mean that it create that moral body that moral cor.
poation which Is called State By the constitution OF
the United States Congress alone can create State.
But the argument of the Judiciary Committee proceeds
further upon the ground that there must be an existing
State before Congress admit State into the Union.
That is the substance of the argument This Sir, de-
MED There is no necessity that there should be State
any form and with regard to the Territories, take
the position that no State can exist whether legal or
constitutional, while it is Territory OF the United
States While TINS m mas s o. tha
according TO the idea OF State, In the general accept
of the term in treaties and International law, there
be no State which is not absolutely Independent OF
all foreign control. Ii there pre- existing State in
California in New Mexico. they had right TO dis
pose of their own SOIL and regulate foreign affairs
well domestic affairs. There can be no State in the
domain the regulation oil their personal rights l
therefore insist that. instead OF Its not being constr
States Of the territories Congress has the only
power that can create State But, say gentlemen we
never have proceeded to admit State unless there was
existing State preoganzed Except in regard to the
old States, and except partially the State of Michigan
which SUI generis-nO such thing mas occurred
There was never moment of time, either in isconsn
or in Iowa. when State in existence before Their
admission into the Union No sir, not in regard to
Florida as the honorable gentleman suggested yesterday
He admitted that the Territorial rights under the federal
government permitted to stand and exist until the
moment when il made State by the power OF
| Congress. =
| Mr. WESTCOTT. The senator will pardon me. He
misook me- have admitted, but have always
denied that at any time the federal government, or Con.
ges possessed the political sovereignty OF the people OF
Territory 1t is in such people alone; and 1t was be-
held that they and they alone possessed the full
sovereignty lin allegiance till they exercised IT'D that SAID
on yesterday such people have the right to form and es
tablsh and put into operation their State government
when they pleased, without the previous Legislation or
leave of Congress.
| MIR. BELL That is different question, sir. did
not intend touch upon the question how far the States
conceded their rights of sovereignty do not mean to
moot the question whether Stale IS so far sovereign and
independent that she withdraw herself from the con-
fed eracy That is different question.
Mr. BUTLER. Did understand the gentleman, in
the of Wisconsin and Iowa. to say that they were
vested with the legislative function of selfgovern-
ment before admission into the Union'
Mr. BELL No, sir but meant to say that it was
not State until it admitted; while the ground OF
the report s that there could have been exercise OF
power the part of Congress, unless there had been
previous State organized and in existence before they
were admitted into the Union. With regard to the terri
tories understand the report Of the committee which
have just read ii is the sovereignty OF the people OF the
territory which creates the State in convention. They
create State and not Congress was speaking OF ouI
own territory which have the rights OF sover-
eighty and jurisdiction They cannot, without exercising
the right OF revolution, create a State at all.
The people permitted BY Congress to form State
constitution they are authorized to assemble, ana the
mode of proceeding pointed out, in order to be ad,