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

property despair of being able to do al this session
by territorial bill We all know the difficulties and en-
banassmens that exist against territorial bill and sir
if there are constitutional objections in the way L
think there ample reasons why We should admit it
al once
Again, sir, there is a government de faeto in Caior-
MIA | admit 1t is not a good one, and for that
reason ought TO give them better one. | admit
that IT IS not republican one, and not legal one,
although de tactO 1t is government; yet Tor that
reason ought To have legal one there. And sir,
it can be done. Vermont Kentucky, Tennessee, are
instances showing that il be done, without viola
ton OF the consiituton-whout violation OF any prin-
cple OF tins government 1t ought to be done
now, and not postponed for the reason that there are
people enough there to require State governments and
for the further reason that before the end OF another
sion of Congress-the next session being long one,
pospppnsmeni now VIII be pos'ponement Of c two
gress. there will be more than people enough there 10
form three States.
regard the idea of Territorial government as an sob
solee idea" The question: then, is this Will you form
State government now, giving law aud protection to
the people there will You postpone action now, and
wait years. and then do the thing that you
asked to do? Sir, trust that if Congress do net
act at this session, the people there will act for them
selves trust that they will assemble and form con-
stitution and government for themselves trust that
they will not continue under that military government
dc tdcto though it be- Tor another two years trust that
Colts pistols will not be the law OF the land there, in
the place of courts, legislatures, and executive Offices
and If we do not give them government trust they
will give it to themselves.
Sir, think the only question is whether you
will admit California State, or leave them without
government exposed TO all the horrors of anarchy and
violence. The question OF a territorial government
regard being impracticabe, with the present po-
sition of Congress. No one would be more willing TO
adopt than would No one would work with more
assiduty than would 10 accomplish the object at this
session But would regard the attempt as hopeless;
and that either they must be IN state OF anarchy, or
have a Stale government
do trust that the Senate viii consent to pass State
bill at this session of Congress And sir it in conse
quence of entertaining these views, and in consequence
of experimenting that the committee had in some re-
f1,o &c
felt bound TO express these views at this time. should
have postponed the expression of any views upon this
subectun, the question had come upregulary for action
but Tor the proposition to PRINT an extra number OF
this report TO send forth to the cOuntry--a report
which think does great injustice to my opinions,
as the Trainer of this bill, and which would not
plain my for bringing forward the bill in this
Mr.. DOWNS. have few remarks to offer with re-
gard to the report must request the mover OF this res
contained in it. think it was the understanding OF the
committee that the first resolution should also report
ed as from the majority, as well as the other two
find upon reading it, that that change was not made.
Mr. BERRlEN. Ii the senator will allow me to IN
errup him: it not the understanding OF the commits
tee that with reference the first resolution il should
be stated be the report of the majority of the commit
Mr. DOWNS. | SO understood it.
Mr. BERRlEN. That agreement was confined to the
last resolution; but have objection to stating in the
report that such was the fact. -
Mr. DOWNS. hope the chairman will allow that
alteration TO be made, Tor understood lbecause,
otherwise there will appear TO be some inconsistency
Mr. DOUGLAS Allow me to ask the senator whether
he in the report OF the majority OF the commit
Mr. DOWNS wish TO state my why the
resolution should be amended to state that the first
resolution reported by majority of the committee.
The other said to be reported by the majority of
the committees and would wish that the report should
be altered express that the first resolution
also by majority OF the committee, to avoid the neon
ssency which would otherwise appear in the report.
Mr.. BUTLER. AZ the chairman of the committee
perhaps oug TO make one word of explanation There
me m. mbe q
unnecessary to offer any resolution at all and who
thought that we had discharged our duty in reporting
upon OF the propositions; Others my friend from
Louisiana differed from the rest of the committee. SO
far regards the last resolution, there was major
ity in its favor, and it agreed that 1t should be
stated in the report, though i rather think 1t was not
understood that that agreement should apply except to
the last resolution. | have objection, however, to
having il appear in the report that II was by majority
with this explanation.
Mr.. DOWNS. 1t is not very material, sir, except 10
prevent the appearance of Inconsistency on my part
differ from the conclusion OF the majority of the commit
upon the first resolutions and differ with them in
to IN TeE9f on a ssye ,h onfs tho senator
feels bound go and if this debate goes on stall
feel called upon to say word or two myself in defence
Mr. DOWNS will merely state the course which
wish TO pursue. The repor; made 10 the committee
this morning at II o'clock and never saw before that
time. differed with the majority OF the committee upon
material points, but did not wish them to delay
the report. l knew the anxiety there was TO have 1t
brought up, and therefore did not press the objection
but rise state that differ from the resolutions
and from the report; and that | shall, as time
permits, draw up counter report, exposing what con-
slider to be in parts OF the arguments OF that
repor--nolhing more.
Think, important matter as this is, where 1t is
proposed that number OF copies SHOULD go out TO
the countryfor all admit the immense Importance OF the
question nvo vcdit is well enough that we should un
dersand ourselves. and that the position OF every
should be understood as we proceed upon this matter
Mr. FOOTE remarked, that many OF the senator's
would like 10 hear the resolution discussed in all its bear
ings aud he would not wish the remarks OF the senator
from Louisiana to be curtaled but, the contrary, he
hoped that the would present counter report.
that the opposite side could be fairly presented But
under the proposition for printing now up he thought
that discussion might be postponed. -
Mr. DOWNS. If the gentleman will allow me to
proceed he will find that am not proceeding 10 discus
SION did here now to argue the merits of the
bill | am not at present prepared to argue it, but
thought it Justice to myself speak on some points
in which differed from the committee; and think, upon
important matter, 1t is right holding the position
that do upon the committee, minority of one--tha
the reasons which influenced me should be known. |
shall therefore, merely state few OF these points, which
will take but a short time.
The first ground, then, which take in opposition to
the first resolution is. that although did agree with
every provision of that bill, still thought could
very clearly that bill might be made of the pre-
sened which would all constitutional objections
Ii the committee had taken that course if they had urged
that Il was incompetent or improper to bring California
into The Union at once State on the terms OF the
bill then it would most certainly have been com
petent for them so TO modify the bill 10 make 1t
prospective, and to have California come IN upon the
same terms with the other States We might say That,
upon the formation OF constitution, California should
come into the Union State. II is very easy mat