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

found that in the fourth act Virginia gave her assent on
condition that the act should take effect at future pc
rlod and although the act OF Virginia did not take ell
feet until the first day OF June, 1891, or l792--
| Mr.. BERRlEN. II the senator will allow me: the
State was TO be admitted in 1872 but the convention
authorized by the legislature OF Virginia in the year
1889 to assemble, aud did assemble, IN july 1890
and II was that convention which made the application
| for the admission of Kentucky.
! Mr.. DOUGLAS. am coming to that point by the
act Of Virginia, authorizing Kentucky 70 apply for adj
mission INTO the Union, separation OF virginia ana Men,
lucy was TO take place on some day after he hrst OF
June 1871, 1872 the convention in Kentucky agreed
! 10 these terms, and fixed the day the first OF
June, 1892, Kentucky then continued to be part
OF Virginia, and not separate State nor separate gov
enment up to that period the laws OF Virginia remain
ing in full force the courts OF Virginia in operation and
the officers of Virginia performing their dunesi and wnle
that state OF things continued IN Virginia. thus conVenph
applied to Congress for admission into the Union Con
gres the 4h February 1892 had passed an act mat
from and after the first of June, Kentucky should be one
OF the States OF the Union. And undertake. to say 'hat
the day Congress passed the act declaring Kentucky
be OF the States OF the Union, Kentucky was not
separated from Virginia. Kentucky had no government,
no organization, no conneKon OF any KIND, one part
with the other part but the whole belonged TO Virginia,
and the separation was TO take place at future day.
undertake 10 say that the day Congress passed that act
Kentucky State in the in which the SEN
aor contends 1t under the legislative authority ct
Virginia aone had no constitution government, nor OH.
GERS. There was no organization whatever Inc act OF
Congress declared that alter the first OF June they should
be State, and consequently, after that date, between
February and June, the State government was formed
With regard to Vermont, although it had kind OF
constitution long before the time of her admission INTO
the Union, she had not sent that constitution to Con-
gress The message of President Washington sends
to Congress certain papers, being an application Tor adj
mission into the Union. She did not send them here
however Congress did not have the opportunity OF IN
ves!gating and examining them. Congress acted as If
there was no communication with her whatever.
And in regard 10 Tennessee, apprehend that have
not 90 with the matter any further than TO the general
provision, point the error and when the report OF
The committee comes up for consideration, we will settle
the question:
Mr.. WESTCOTT The course of this debate, and the
reference what occurred before the Judiciary Commit
in the consideration of this BILL makes il proper for
me to submit few irks with respect to my conneX
ion with this report The positions maintained in the
report of which the distinguished senator from Georgia
is the author were, before the report drawn, dis
cussed fully in the committee and on each distinct point
majority of the committee, by an ekpfess vote, decided
that the report should them forth and the senator
who wrote that document embodied the decisions OF
that majority in 1t, he instructed. voted IN the
committee with the majority after having failed IN effect
ing the adoption OF somewhat different measures that
had proposed. From the outset concuued fully in the
view that Congress, un Ter the federal constitution has
power but 10 amit State and that cannot create a
State By such admission The term State in its constiiu
tona sense. has definite meaning. Ii is an organized
political community dslict III ~ character. with gov
ernment and laws established The power OF cteaiioD
must be exercised to make California and New Mexico a
State at this time. Without discussing the question, how
far the political governments and political laws existing IN
these countries prior 10 their conquest by are
be considered in force, certainly the two errto-
RES cannot he regarded As ONE State AT this time The
act proposing TO admit them both State is it;
! self the act Of amalgamaton There never has been
any political government over these as one State Civil
and municipal laws regulating the nights OF PROPERTY may
be in force in both, but their political laws are distinct
Therefore TO admit these State, they must FIRST be
created and organized, and eNist ore State, before
such admission Ii Congress does not possess the power
of creating State, 1t has no power TO pass this bill Tor
the exercise Of that power and not the regulation or
admission OF pre-exsng State, or united political com
munity. Even separate Territories now, while their
Old municipal laws may be in iprfe their former political
governments and laws are nuiied by the conquest and
the conrnaory cesson. They without any sepa-
rate organized political governments except the tempo
rary arrangements necessity has created They are
not organized, but dlsorganzed. The senator from
| Illinois mistakes the terms and meaning OF the re-
port this point The objection it advances is not,
1 ton. constitution may exist. and not be written The
constitution OF England IS to be found IN her innumera
Bile customs and ancient statutes, through the writings
and decisions OF her uuss but except in Magma Charta
and other old statutes it is not written The report is in
the alternatives. 1t denies that any people can be
gardel As State in the constitutional ct
the term, unless they have State constitution, or
government or laws, or are an organized political com.
munlty State, or have some legitimate bond OF
union as such State This is not the condition OF either
California New Mexico at this time, separately to-
ge'hcr Ia of the instances that The senator from
Illinois Mr. DoUGLAs] refers to, the doctrine main
tanned by this report controvened by Congress- Vermont
formed and adopted State constitution Ill., during
the revolutionary The Congress of the confedera-
ton recognised her a Stale, and treated her as
a State, before the federal constitution adopt
| ed. Her dele gate TO the continental Congress was
admitted to lis deliberations Tennc had federal
Territorial government before she was State and had
a constitution formed and adopted by her own peo-
pie the State of Franklanl, long before her almls-
SION As to Maine and Kentucky, they both, be-
| fore admission, communities Of American citizens dis
tinctly formed--,he one from Massachusetts, and the
other from Virginia, by the act OF the legislatures of
those States, and by such act made independent and dis
tnct communities. AS TO all the other Of the adj
mission of new States, the State governments were
| fret nfoI ncfn hal al thar
admission. Who were citizens of the United Safes,
was known. They were not as are the conmuni-
| ties of California and New Mexico, population of
NesiCans, at liberty to become citizens not, they
might choose. without any legal regulations by which
they to manifest their electona collection OF Poems,
Cananches, Dygers, and Of people OF all the nations OF
the earthwh emigrants from the United States and its
tuition or political organization. Ii they can be called a
State, any collection OF people may be called State.
have no idea that Congress has any power, as to a
country situated as California and New Mexico are, TO
prescribe any regulations them the foundation of
State government, by eeclng delegates to their con-
ven,ion to form Stale constitution in this, or that. or
the other mode All this belongs to the people them
selves. In organized federal Territories Congress have
in instances done this to signify their assent to the
wishes of the people and the Territorial government but
1t was not necessary and other has such pre-
vous PERMISSION been asked In Florida the people
adopted their State constitution without asking the leave
OF Congress- and in other States and the interference
OF Congress may be had in the of organized Terri
tory with much more propriety than in of this
kind.
Bot sir, had another radical objection to the making
of the two provinces of California and New Mexico one
State which ] urged upon the commitee but as a ma
lOritv did with az the nj al