The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-11

into . deliberate defe nee Of their report.
day and this is the first time have seen it. / differ
with the FIRST resolution Of the committee, and also
uron other points. 1t is my desire to draw up q
counter report. From the vast Importance Of this
question: and because Of the large extra number Of the
report proposed to be printed deem 1t of great I'm
stood.
Mr. BvrLrRws can lay this report on the table till
you produce Jour counter report.
Mr. FoorE-l desire to discuss this question in all
It's bearings should prefer therefore, to lay this
port over until the counter report presented; and
that then we shonld take up the whole subject
Mr.. DowNs-l hope that Senators will hear me- to
know how We stand upon this question There are
some points upon which wish to be rightly Under
stood ! am in Q minority of one the com mittee;
do not whh hsrefore. to be misundsrstood on the
questions of difference between u.s. Mr. Downs then
stated his views Of the bill and tho report ooucurrng
ON tie main question Of the ooustttutionaty OF al
uniting California rs State, with Mr. Douglass. He
be made out Of the bill that would settle this vexed
question He wi'hsd to make something out Of It, II
every means Of noiation before bling driven to
the last alternative. He spoke with much aoasgy In
bill but said he .hould not dcuss the qusssasa now,
but would CGer the following resolution, which he
moved BE- laid on the table and printed =
" solved That II 10 competent and and
,ert Nth the practice government in "a
INN into the uSon on With hd ose
ssIs that the Con on instructed to report
ss Ss ssan Of which lies
the bin Of Mr. Douglas He 81
on this subject 1t difficult despair Of the re-
public but his msgvings were strens ming every
day He saw the clouds tbickeripg the gloom in
creasipg around u.s. and he that when the neces-
sity does the South will be united as one man
be so illuminated that it might DO read in the
Heavens that they win not be driven to the
is exhausted Ii. ssrs-d with the S.n.tor from iii
nofs. that there danger in deaydanqer Of losing
the territory Of California entirely from the rapid in
fux of population and the necessity Of Cover msnt
live delay, they may make . govern mt for them.
selves and they may not come back to II neglect
FORE In danger Of losing the territory entirely by de-
lay. For these reasons he could not agree with the
report Of the committee He would present hts coun-
ter report a. soon as made out, and move in the
meantime that his resolution be printed.
conversation followed between Mr. Butler. In
that their report bad been prsciptateiy made, ana
ME- Downs in disclamirg any intention OF such a
MIR. BUTLER and Mr. DOUGLASS, next ent.rea into
some mutual explanations upon implied aer Of
the latter that he had been trestsd with some dis
treated him with the most marked respect and eour-
tesy, inviting him to all their deliberations. Mr.
that he had been treated with di.respect
Mr. FooTE was In favor Of printing che ten thousand
the public mind may be more thoroughly iismina.ed
on the subject He had not heard the reading OF the
report distinctly, but had no doubt it an able
Douglass, - one Of the last hopes Of . compromise
He had himself - compromise, proposed this plan at
q
State From the dir cords pref udicss this oues
tionfrom the perlls which Threatened the Union-hs
hoped that something would be done this session. In
this bill there was at least, some ground which to
rest our feet-some hope Of o compromise consistent
with the constitution and which might secure ali our
vast interests involved In the serious
Mr. BERHIEN from his poaitien on the committee AZ
the orgsn Of s pert felt his duty to say somshns
sion At this time After personal explanation With
MI Downs, upon remark.by him. leading to the In
th 1T the repor. had b.:n
spprised Of the opinions the committee and their de-
eisons, he had not, till this morning when the report
report Mr. Berrien proceeded to reply Mr. Douglas
first defending the committee rom any Intention OF
to oil the sttiDgs Of the committee Mr. Berrien then
undertook a. brief defence Of the report The first
ground Of the committee s that Congress has not the
power to create State and In support OF It, argue
nom the constitution itself.
Mr.. DOUGLASS did not wish to be misunderstood He
dd not assume that Congress has the power to
State He proposed to declare Californis State and
to leaveit to the people to decide for themrslves
ME- BEERIEN-He proposes to declare California
MIR DoueLAss-Asa State In this Union; ana thur
ne creates State of the territory of CafoI MA The
committee never have asserted that Congress cannot
admit state without . constitution in advance.
There Is no such thing in the report They declare
that the power cannot ss exerted unorsanzed
niEed government, as in California eyr-s,s a,rseJ
Mr. BERRiEN then proceeded to show that Of ali the
case. Of admission Of States cited by the Senator from
Illinois there we're none Of them analogous to the case
OF the bill They oil had an organized government,
ana code Cf laws In discussing the of Sta -
peoiay the case Of KENTUCKY NJ ssrrisu differed
with him % to the precise hstorca facts
ever the general accuracy Of his opponent unim-
Mr. DOUGLAS, in the course Of The debate. ,.id he
vas srack WIN the repeated assurances Of respect
rendered to him In behalf Of the committee lie had
never entertained other opinion and he
could a. readily accept these as they were
given
MIR BERRIEN replied, that from q remark OF thu
Senator in the debate he had deemed it necessary to
exonerate the committee from the slightest SUPPOSE
ton Of ditrespect.
Mr. wnsTcorI, Of the committee, concurred fully in
the report Congress had no power to create
SAte-that New Mexico and Californ MIA must be or.
gsnxed a. territories before they can be admitted Al
State er States.that the creation Of Of
some sort Is FIRST required The causes cited to
the support Of the bill were not applicable to
California. He agreed with tho report that Con.
eres', after forming California and New Mexico
INTO one state, had no power TO divide It, He
went further. The amalg amation Of these two
territories int one State would be Injurious and
were dss'nisr. From their different localities they
required different municipal laws; and which system
would you He denied I th. r PEOPLE which
these territories territory or as State These
objections he had urged in the committee They de-
rived the more force from the lending East West
Florida an alliance unnatural that they must uti
mntey be divided into two new States. He agreed
The Senator from Illinois aid not take it's fun meaning
am in favor OF yielding to Texas all that shs
claims. 1t would be iwpoitic aod unjust to enter
about few fqusre leagues Of land an In favor
at once OF yielding all that Texas claims I was in
Congress had no right to Interfere with the bonn.
derite Of sovereign State; and the Senator from
inoi cannot sustain himsef instbs, that the report
is objection oecsu,e IL does not refer the bcundsyv
OF Texas to the Supreme Court was In favor of Jiyd
ing these territories into three territories. frat Timer
California, upper to US, lying east Of the Sierra
Nevada second, Lover California. or that on the
west OF tic Sierra and third, the territory Of New
Mexico hereafter he would state his reasons He
majority. Cons hal
power to admit these dsorganizad territor,es az a
state With these explanations for the present. he
had no more to say '
kr. DAYroS lsf the committee) concurred In tbs
Ain proposition. that 1t not competent at this
lime TO admit Californis as state into the Union
,eSIent now to exercise It, At the oroper time h.
would undertake bis part Of the defence this branch
OF the report As to the last eutou that we shall
now proceed to give California Territorial govern
ment he had NO opinion to give IL was eztra indi.
cal and opinion upon 1t would be an opinion upon
L. 49, Lit ~ - -i.A-.