The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-17

IN relation to territories acquired by cesson from
foreign Powers. They have first been organized as
territories, and subsequently admitted as States
Louisiana and Florida instances of this. In no
case has the power conferred by the constitution TO
admit new States been exercised in behalf OF an un-
organized body of people having no constitution or
laws, legitimate bond of union, by the creation ny
Congress Of State, and its instant admission into
the Onion OF the sovereign States oil the con-
federacy. Independently ofihenexpediencyo OF such
course, in the opinion OF thccommltttee, congress
has no power TO adopt II.
The power conferred by the Constitution on Con-
gress is TO admit new States, not 10 create them
According 10 the theory OF our Government, tue
creation OF State is an actof popular sovereignty
not OF ordinary legislation IL is by the VIII OF the
people of whom the Stale Is composed, assembled IN
! convention, that IL Is created. Congress may pro-
vide for the assembling of u convehoni but Il IL
The will OF the people, expressed IN inat convention
which alone creates the State; and, until that Is
| done the power conferred by the constitution on
Congress ''to admit new .Stdtea" into the Union, Is
not called into exercise. There Is nothing upon
| which il can operate. In the opinion OF the com
milee then this bill ought not 10 pass, because II
proposes the exercise by Congress OF power not
vested by tie constitution in the National Legsia-
lule, namely, lhecrcatan Of dnfr State.
| But there are other aud, as the committee think,
valid objections TO this bill II proposes 10 unite all
the territories acquired by the treaty with Mexico,
and with II TO constitute one STATE inns territory,
extending over degrees OF latitude and 49, de-
grees of longitude Ia obviously too large for one OF
the States OF this Union and that such was the view
of the Trainer Of this bill is manifest from the proyso
by which Congress reserves to iiseli the nght, ~
any time Il may choose 10 exercise the same, OF form
ing and admitting States out OF any portion OF
said territory which lies east Of the summit oil the
range known as the Sierra Nevada or California
Mountains" III
In the opinion Of the COMMITTEES, this proyiso would
be simply void, If the pnryew Of the bill would nave
any validity !; and ilit would not, the proyso wonl'!
| have nothing on which TO operate
BY the enactng clause il Is provided that these ter
rories shall be one State, and the same Is thereby
declared to be one of the United States Of America,
on nm equal footing with the original States iIsoA
respects whatsoever, by the name and title of the
State Of California" II this enactment were valid,
the effect would be that, Immediately on the passage
of this bill these united territories wonld become one
of the sovereign States of this Union, on an equal
footing with the original States in all respects what
socver. Now, IL is the privilege of each OF the SOW
ereen States Of this Union not be discovered with
ont its consent; for the same section Of the cons-
| tion on which this bill is founded, provides that
no new Stne shall be formed or erected within the
jurisdiction OF any other state without the consent
Of the Legislature of such State. IT. therefore, under
the enactment Of this bill, these territories We're I'D
mited MS Of the sovereign States Of the Union,
the integrity Of this new State in its whole extent
would be guarantiodby the constitution; and SO long
as that instrument is held sacred ii might safely defy
| the utmost power of the Government or of its CO.
States 10 circumacribe the limits of its jurisdiction.
Again: This bill having created new State, which
is TO spring into existence at the moment of its en-
actmen, clothed with all the powers and invested
with all the rights which belong to the original States,
on equal footing in all respects whatever with each
Of the sovereign States of this Union such State is
thereafter entitled to regulate its own internal CON
Germ, according to its own discretion, and unembar-
rassed by the interference of Congress. The power
which Congress may thereafter exercise within ibis
new but sovereign State is precisely such MS IL exer-
cises within any other State of the Union. To the
State itself belongs exclusively the establishment OF
its own municpal.and domestic regulations. Ii the
people who compose it desire to originate constu-
| ton, or 10 provide new one, the manner IN which
this shall be accomplished the State alone must pre-
scribe. 1t alone can determine upon the assembling
OF convention, the number Of delegates OF which II
shall be composed the qualifications Of voters, and
the time and place at which the convention shall as
sembe. II this Is not so, the new State Is not SOW
ereignit is not on footing in this respect with the
other States of the Union; forno will doubt that
such an exercise OF power by Congress within any of
those States would be absolutely nugatory. Ii this
BILL therefore, effective TO create, as II proposes
to do new and sovereign State, II seems to the
committee that all the provisions which relate to the
convention, the number of the delegates the mode of
their selection, the qualification OF the voters and
the time and place which it shall assemble, are be-
yond the. jurisdiction Of Congress, and exclusively
within that OF the State.
IL il be said that Congress has heretofore exercised
similar powers on the admission Of States into the
Union, the answer s, that they have only been exer
cised over the territories Of tho United States pre-
paratory to their admission rs States, and were 10 be
and were carried into effect before such admission
And if again, it be said thar the people Of this new
State, being without constitution of government,
will be unable to provide the means by which con-
yention may be assembled and a constitution may
be formed II seems obvious to reply that this diff
Guilty, If II be insurmountabe, only more dis
tlncty TO prove The ncongrnity OF aci Of legsla
ton which proposes 10 create sovereign State,
whose sovereignty necessarily excludes oil foreign
interference IN lis internal concerns and Which mas
at the same time no agencies OF its own by which its
sovereign powers may be exercised
The committee have deemed Il their duty to cub
nit to ne Senate one further suggestion in relation
to the bill which has been referred 10 them 1t pro
poses TO admit n State the whole territory acquired
by the United States from Mexico including thus In
its whole extent the territory of New Mexico. 1t Is
known that the State of Texas claims the Rio Grande
as It's western boundary, which claim embraces
considerable portion of that territory The effect Of
the proposed bill would therefore necessarily be to
lay the foundation Of the litigation between the new
State and the State of Texas, to be determined by
the Supreme Court with the delay incident to such
an investigation. So long ms il retains ls territorial
form II Is subject 10 the jurisdiction of Congress- so
far as the rights Of the territory concerned and
without looking 10 The terms of the resolution for the
annexation of Texas or nqirng whether 1t may moi
be considered wholly subject 10 their jurisdiction.
more speedy adjustment of the boundary between
the State Of Texas and this newly acquired territory,
and without expressing an opinion Of the validity or
nvaldy of the claim Of thai State In the opinion OF
| the committee il would be desirable that this bonn-
Diary should be determined before any new State is
created whose limits would be affected by it,
! The committee are, however, very sensible Of the
! Importance Of providing government for each OF
| these territories az well from Just regard TO the
wrlinre Of The people who inhabit them, as 10 the
interests OF the United States and Of treaty stip-
uations with Mexieo and without entering into
details on this sdbect which are familiar to all, and
awaiting the further Instructions OF the Senate the
committee ash leave TO submit the following resolu,
/ lion:
R@solfed That 1t Is expedient 10 pass the bill en-.
titled "a bill for the admission Of California into the
/ Union as n State"
A majority Of the committee also recommend the
adoption OF The following resolution:
! Resoired That IL Is proper 10 organize territorial
governments oyer that portion Of the Territory Of
California which lies west Of the Sierra Neyadn OF
California Mountains and for the territory of New
| Mexico, lying west Of the western boundary Of the
State Of Texas.
Landing OF the Maryland Pilgrims.
/ The I.eonardown (NId.) Beacon say that the land.
ing of the Pilgrims of Maryland will be celebrated
at the original site OF the first settlement in ST. Ma.
rvs county, the 10Th of May next under the aus.
plccs of lhePhilodemic Society Of Georgetown d.
/ C.) College.
| The Georgetown Advocate, in referring to the Gel.
! ebration, says: