The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-10

The actual condition of the territory Of California, as
stated In letter from the Department OF State, recently
laid before Congress, is this; The military government
abshed in that territory ceased by the conclusion of the
treaty OF peace TO derive It's authority from that OF
power But the Secretary thinks that the termination OF
i've war left government de acto in full operation, which
VIII continue with the presumed consent of the people un
tI Congress shall provide for them territorial government
he great law OF necessity he says Jnsties this concu-
sion and the of the people Is inferred from the
tact that the only alternative would b. state of anarchy
beyond tue protection OF all laws The SUBSTANCE and ~
cal condition Of New Mexico is the According 10
IN these territories Mexican rule over them super
seeded by the military government established daring th
states by the treaty of the occurrence of which
hat Temporal government ceased also to have legal
lstence government de tdeto resting the presumed
assent OF the people, is all therefore, that protects them
from anarchy
In view OF .hs of things, the President, in his
nua message at the commencement OF the present session.
declares It 70 be The duty OF Congress provide with the
larry organized territorial governments Adhering TO the
sages OF our predecessors in relation to territories which
foreign nations, the President mends the establish
nen OF territorial governments. The bill which has been
uniform policy, proposes unite the terri
tories of New Mexico and California, very large in
sparsciy populated, and inhabited by people the greater
portion OF whom strangers constitution and laws,
and in the Judgment of the committee, untitled, in their
present condition, to be into this Union
political equality with the people OF the United States
Such will be recoleced was the view taken by the
Senate when the treaty with Mexico under constde
s'on The ninth article OF that treaty was in consequences
amsnded so as to give notice to the Mexican government,
glance to tho United States OF the terms which they
Would be incorporated INTO the Union and DC admoa 70
would be done not Instantly, as IS proposed by this b but
United a,e. hat IS ~ 10 when Gv ae eoufe Of erro
| rial pupase, they had become acquainted with our con-
government and had acquired, in some degree that SINH
lay OF character which alone liz Tor the intimate
political association which exists between the several States
OF this Union, without do b the power thus reserved to
Congress by the amendment which has been spoken OF
would have existed without this express reservations unless
the contrary had been stipulated the treaty, but 1t
ill., in treating with strangers peculiar institutions TO
advise them OF the existence the power, and of the de-
termination of Congress to exerci il and
preston OF the views OF the Senate evnoivc OF that deter
| minaon that * is now referred 10
But, independently of these considerations which they
think would render nexpedient pass bill, lhe:e is
in the opinion OF the committee, question OF power
which deserves the attention OF the Senate.
The third OF the fourth article OF the constitution
provides thar ''new States be admitted by the Con
gress into this Unions and The last paragraph OF the same
dispose OF and make all needf rules and regulations
snectng the territory or other property belonging to the
Under this last clause, under the power to govern
which is necessarily implied in the right TO acquire terri
Tory Congress has passed laws 70 ogan'zs the various ter
sed within the limits OF the United States; while under
into the Union when process time they had become
States, duly organized as such The States SO admitted,
l. Such as formed part of the States of
this Union, and separated from it by the OF
3 Such as were formed territories coded the
United States by of tn, satss by foreign govern
ment.
Those of the frstc promptly admitted into the
Union Sates having previously organized governments
sufficiently numerous enriiis them his privilege Yer
mont and Kentucky are exam pies OF this class The States
United States by of the States, have been
uniformly subjected in the first instance to te1rto-
rial governments, and have been subsequently admit.
ted States, when they had attained the requisite
numbers, and the exhibition TO Congress oil conutu-
establishing republican form oil government, which,
by fourth section OF the fourth article OF the constitution,
the United States were bound to guaranty to every State
nnHl) ire 81
The course OF proceeding has been adopted IN rea
on 70 rs besn orsnyi as Tore and SUISSE
quenty admitted States Louisiana and FL prlda in
stances Of this In no case has The power by die
constitution admit States exercised in beh iif
of unorganzed body OF people having no constitutions OF
grass ola Slate aud It's instant anis into the Unloa
sovereign States ol the conrderacy. ndepend-
emily of the xpediency of such course the opinion
of tile committee Congress has no power to adopt it,
The power conferred by the constitution on Congress
to admit new Sdtes-not 70 create item According TO the
theory OF government the creation of Satc act
OF popular sovereignty OF ordinary legislation IS by
senbied in convention that it created Congress may
provide for the assembling Of convention; but it is the
will the people, expressed in that convention, which
alone State and until that done, the
conferred by the constitution Congress ito admit new
States" into the Unon is called into exercise There
is nohiugupon which it operate. In the opinion OF
tho committee, them this II ought pass, because
by the constitution in the National
the creation Of a we,o State.
But there other, aud, as the committee think valid
objections to This bill 1t proposes TO unite all the terri
tories acquired by the treaty with Mexico and vita IL 10
constitute State This territory extending over de-
srccs of latitude and degrees OF lonyitnde Is obviously
large for oil the States of this Union and that SUCH
the view the Trainer of this bin is manifest the
povso, by which Congress itself the right at
time choose to exercise the same, OF forming
admitting States any portion of said Terri
tory which lies east of the summit OF the range known as
the Sierra Nevada, or California mountains.
In opinion of the commtee this proviso would be
simply void, il the pnfview OF the bl would have any
validity and if it would not, the proviso would have
nothing on which TO operate
BY the enacng cau.e is provided hat these terrific
shall be State aud the is thereby declared to
zone OF tue United States OF America, quail
ing with the original States in all respects VIII tsovSr, by
and of the State OF Call forpia" Ii s
valid, the effect would be, that Immediately
passage of this bill, these united territories would be-
Of the sovereign States of this Unon equal
footing with original States in all respects whatsoever
Union be discovered whout its for the
same section of the constitution which this bill is
founded, provides that mo new State shall be formed or
erected within the jurisdiction OF any other Sate without
OF the legislature of such State IT, therefore,
uader the of this BILL these territories adj
mitted OF the sovereign States OF the Union the in
of this State ia its hole would be gnfa-
tied by the constitution and long that
held sacred 1t might safely DEFY the utmost power of the
OF ITS coStats, circumscb the limits
of It's jurisdiction Again; This bill having creared
State which to spring into existence at the OF
its enactment, clothed with all powers and invested
all rights which belong the original States
of this Union, State is thereafter
ucd regulate its internal concerns, according
discretion and oarrassed by interference of
Congress. The power which Congress may herca
exercise within This but sovereign is precisely
such as rcsed within any other State of the Union
70 the State itself belongs exclusively the establish
If the people who compose 1t desire 10 originate
constitution, provide one, which
hs shall plished the State alone prescribe IL
alone can determine upon the assembling oil convention
| ,rIi af linII fi.t ,u,As l.