The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-28

Stale CONSTITUTION IN regular FORM
now desire the OF the Senate to another pas
sage in the speech Of the honorable senator:
II should regret believe that the people OF the
States Of this unlon could b., led suppose that such power
rs claimed Congress- occasion does in fac
belong to Them, that disposed 10 depart from the
Uniform understanding our predecessors, in the inter
probation the pc yer which senator desires
ercse that TO be enlarged into constructive power
to create of this Union that this age
progress, when il is perhaps impossible TO limit the extern
OF territory which may be acquired by this government
that Congress wond the swer whichit is proposed
now exercise"
WHO'S has claimed such poweri Who has main
aned the argument that Congress has right scribe
to form State constitution for the people of these of
other Territories of the Union Not /, SIR My argu-
ment, repeat went upon the ground that we have the
power 70 ant hese lerfofes ,h,o 'he Union before ey
have any regularly organized State government have
never assumed that Congress, any other authority,
dictate the particular form of their State government,
provitedsrbe republican.
| will now notice another misrepresentation of my argu-
ment found the close Of the printed speech before me
'rhe senator m sintains another proposion or rather
he illustrates his principle by argument OF this sort
that State is not State until it is admitted into this
Union.
that State in Territory of this Unon
j. be created by Congress, until it is admitted into the
Mr.. BEnsrEN will state the proposition in the sena.
tors Words No State can exist in any Territory OF
this Union, unless be created By Congress- until 1t admit
ted into the Union.
''Mr BELL, Tin his seat) Unless renqush OUR
"Mr; BFRRrrN With this limitation, think the argn-
ment Of tn, h ,n' ra5le senator is yielded
Here, may remark have further evidence of the
honorable senator's perseverance in missatng my
could any time have said, either in low loud
voice. that no State can exist in any territory unless be
crGied by Congress- until 1t admitted into the Union "
The words unless it be created by Congress- in
terpoation. maintained that State could exist any
of the territories by whom attempted formed
while they continue to be part of the territorial possess
sons of the United States. l that this inerpo-
laon necessary sustain the position which the
argument of the honorable himself founded
He contends that when the inhabitants of territory form
State constitution, with the of Congress- they be-
State from that time forward-though State of
the Union that intended by the trainers of the
federal constitutions; but when he finds in the constitution
recognition of the idea Of such State he
actually a territory in the period intermediate be-
tween the forming of State constitution and the subsequent
admission of the Union by Congress- he takes shell
under denied proposition there
could be any such Staethst in fact there descrp
of State known recogns I'd by SYSTEM part Of
it, except becomes by being admitted into the Union.
The whole of the senator's argument founded upon
Misrepresentation of the entire drift and tenor of my
marks, in affirming that asserted the proposition that
Congress alone Sa,e,' without the qualification
necessary to give any or consistency to my agu-
ment-that is, State of the Union.
When in the course of my argument stated that Con-
could do anything not prohibited by the constitution
the proposition stated in reference the power gven
to Congress admit States into the Union. My ar
gumcnt vas that the clause of the constitution giving Con-
gress the power admit States contained such
don that there should be pre-exisng State constu-
ton, either in form or in actual operation.
My argument to show that q people living under
any form of civil organization whatever might be admitted
into the Union State and that there prohibit
ton in the constitution to prevent IT, remember that to
illustrate my position, put the supposed Of the
quest of neighborng Kingdom if any such there should
be borders In such event, l contended that
when the monarchy overhrown, and the country
should become part Of possessions Congress might,
if session. insiani admit the Union State
and when thus admitted the guarantee of republican form
of government provided the constitution for the States
of The Union would insure the formation of republican
constitution by the inhabitants of the State. These
the positions assumed and still adhere to them.
Before closing my remarks desire to call the attention
of the from New Jersey Mr. DAYTON to the
sumption made in his speech founded the propo-
ston assumed mine, much harped upon by the
from Georgia. That SENATOR his speech, remarks:
| ssHow can you make California State government
Can Congress create STATE Congress create State
Sir, never thought until heard it here day or Two
since from the from Tennessee, Nj. Bell tha
such proposition could have entered the mind OF u
man being"
That would be wonderful, conception indeed for the
senator from Tennessee to bring forth Create State
Congress Stae-and yet that State not State
of the Union Who, sir repeat, has advanced such
d proposton'
have felt sir that these my course
ofargument demanded apublc correction my hands Both
of the honorable gentlemen who have thus missated my
argument upon question of great importance,
bers of the Judiciary Committee. The opinions of the
senator from Georges especially much deferred to upon
all legal and constitutional questions this body, and in the
country The senator from New Jersey has like defer
paid his opnionshough, perhaps, not to grea
present he may expect at future time
do desire to do dscredt to the legal and consttu
tonal learning of the senator from New Jersey He
is the junior Of the distinguished senator from Georgia
(some remark by the from Georgia> Not much
his JUNIOR either There is great disparity between
them. Laughter
The senator from New Jersey, in another part of his
speech, thus takes off my assumed argument:
elf we had this power create, all would have dc
would be pass law and resolve that California
State, and it wonld become schoolboy
man of a bit of paper and say it is man but is it
man? Has it the blood, bone, and snews OF man ="
Now sir congratulate the honorable senator upon thu
se-complacency which he have felt when he hit upor
this notable illustration 1t is ectous and beautiful in thu
extreme He presents it to show the absurdity Of argu
ment which he hmsef puts into my mouth. There is
other passage the senator's speech in which my argu
men attempted to be refted which cannot put
eye II in relation to the guaranty of the constitution
OF republican orm of government to each of the States
the Union.
. do not know pre- sely how the gentleman conccve
my argument this point. My argument was, that tn
suanec the constitution could only apply States alread
in the Union; and hence that there obligation
implied in the power which gave Congress the authority
admit State into the Union require a condition pre-
ceden that there should be State constitution previously
formed and in operation.
Mr. President, have done with the comments
intended make upon the speech Of the honorable
from Georgia have felt it to be duty which owed L
myself and to the position occupied in relation to
important public question, vndcate It against the mis-
have pointed But, sir cannot clos
my remarks without asking the indulgence Of the Scnat
while state in more distinct FORM some OF the more ma
eral of the propositions attempted to enforce in the
marks had the honor submit to the Senate the othe
day, the proposition to admit the territories Of New
Mexico and California into the Union a State, a
States, taken from original notes. still adhere tn
oonion that by other efectuay hea
the existing dlssensons and others serious which
grow out Of the present condition Of the country reao
e to these territories.
The Committee on the Judiciary in their report the bi
A -