The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-11

that uey have only been exercised tho OF the
Be and into effect before such admission And II
ss,.rshsDs VIII Be- unable to provide II:
L ss Be 70 s1S ss
!. 10 table ONLY serves distinctly prove the
;o,s ssn State whose =. lor.,sn
time agencies BY which its sovereign powers may
qks committee have deemed their duty to submit. to the So
nate one further sussst9n in relation the BAL witch has
Who'll. territory acquired By Tie Tnsd States from ssxieo
IL ~ the s.%y Of Ne NM.
s Western boundary which claim smbra
S:siors sses.sIy tie ieansssioS Itis. atom
sew ans s ssa sxas to Be-
n7essaton. 30 org retains It's territorial FORM is
81: nS e LOOKING * t.; s
s tor shs % q s aaas
dcnon In every event with view to tho equitable and
:sss!.s ,s.sss:y s.sss.:s 's
Of II would sh' Be- thu. h
Hls sssI1i1ss before State created
s g so%yis,ss however sensible Of the i@po
we'll from just regard to the welfare Of the psops VINE ia
ia them a. to the interests Of the United st. and Of our
tai on t. subject which are familiar to ALL and awaiting the
submit the oowips rssou'ien e '' ''D'"'' ''' 'A'' "
m 9 ss d to ss h @
majority Of the committee also recommend the adoption Of
proper t. organize territorial
the Sierra Nevada or California as and for the eToy
Mexico yrsweSt Of the western boundary Of the State
| EXTRA COPIES PROPOSED.
Mr. MAsoN Of Va in view OF the i'm sortauce Of this
report and with view to secure 1t extensive cir
custion possible, moved that ten extra
pies be printed, for the use Of the Senate
| MIR, DoUGLAss-I am against the extra number At
this tme but know, II the motion we're pressed
that shall oppose It, should have been glad, howsv
explain previously submitting it to the Sc.
nate and should prefer before this report goes
the country that the arguments Of tn. other side Of
ha ahnyllA and fhsff thn
not welded to the bill which The committee reject I
the passage Of act admitting California State
into the Union at this se.sion Of Congress. The COM
mtee, rs understood the reading Of the report pre-
rent three principal objections to the bill
J. That It is unprecedented and unconstitutional
the part Of Congress to admit territory State into
the Union, before It has formed . constitution
2 That the provision is .sttutiopal which as.
sunes inc power Tor Congress Of dividing sovereign
State into two more States the bill provides for
the future division Of the proposed State Of California
3 That the bill raises the question Of the title Of
Texas to her western boundary by proposing to sub
nit its determination to the Supreme Court Of the
This last objection hold to be one Of the principal
reconme dstions OF the bill. The Supreme Court IL
the only tribunal for settling the question Of this dis
| puted boundary The committee, In assuming to Con-
gress the right Of dsposng Of the boundary Of
reign State, do not deny the power to the Supreme
from the Supreme Court and the assumption Of autho-
rity BY Congress, IL equivalent to an abandon
| TO-,
and decides at once In favor Of the State Of Texas
The only tribunal for the adjudication of q disputed
boundary hkethis Is the Supreme Court and is was
with the view to just decision that the bill contem
plated the reference to the court In this With the
second objection Of the committees that have
nopower to dismember sovereign State hence
the provision proposing future partition Of the State
Of California is unconstitutional, not disposed
not intended to sess s.ss 1sse sns
tho a"ent OF the people. 1t 10 merely designed
| % notice to the State that We expect IL to be
| all Il a
notice for Partition whent sfound that the State
10 too arge-that when the necessity shall for
division, expectit to be made and the people will
be prepared to act upon this expectation yield the
point that Congress have power the territory
interfere With the sovereignty OF tho State whether
State be large or small her boundary, question
ana not .s
Wit that 1t Is not competent for Congress to admit
Csliforni. a. Stat: a. this time maintain the op-
tain that all the prseedsDts are in favor of
it, and are not against it. The clause in the
to every State republican form Of government not
that State ba produce its constitution before it is
admitted. None Of the original States urnished their
constitutions at the time Of their admission into the
Union Here MIR Douglass gave the admission Of Rhode
nTao9 IT. X. and
Ct Virginia when the act admitting her . State
was pa.ed She produced constitution at the time
act separating Kentucky into . new State-Kentucky
acted in conformity thereto and after the act Of Con-
|
gress never saw the constitution of Kentucky
! Vermont was also admitted without Congress having
,esn her consttution j ana % iar as ! know 1t has
Tennestee The frat three States admitted, ad-
mitted then without either Of them having produced
it's constitution in advance Ohio the arst State
tdmittsd on which 1t required that she should
produce her constitution! why so Ohio wa. a part
the territory, which the articles
| Of compact Of the ordinance Of 1887 had been OK.
| tended and on which there an important
principle Of liberty involved and it was binding
Gee fhAI fhoaa arfir nfCo
pact were faithfully carried out. All the
ssssnepts Of the old confederation were bind.
ipg upon the United States Hence the necessity
that Ohio should produce her constitution, before
CoDgress could act upon her sdmi,sion state 1t
was the fsme With Indiana and illinois and the other
States OF the Northwestern territory Referring back
to the State Of Maine he showed that she admitted
without constitution but simply with the assent of
Msacbustts TO the act Of division Of her territory.
does speak Of constitution, for the principle is diff
ferent.
MIR. BUrLrR BALD that there was nothing in the re-
port assuming that territory must produce consti
tuition before It can be admitted State. The report
only contends that is incompetent in Congress to
aemit territory without organization and without
laws, as state.
Mr. DOUGLASS was glad to hear It, II the principle,
then. IL not conten ded for there be objection
10 admit California at He had been drawn into
there remarks from TIE reading Of the report The
western States and requiring that each Of them should
have constitution sereeiDg with its provisions,
fore their admission into the Union. The State Of
Maine, to which 1t did not apply was admitted without
requsit10n OF the Other states which he had
cited. The Louisiana treaty perhaps made 1t ne
ce,ssry that the States admitted from that ter
ritory .houd produce their constitutions, to see
that they conformed with its provisions. In
the earliest cates Of the admission Of States
into the Union, the practice was precisely ac-
cording TO the principle OF this bill cannot there
fore recog Mise the constitutional objection to the
port. see then no objection here to the bill do
not care for the details wish to stop the eternal sg
taton Of this subject on this floor with to give
govern ment to these people. wish to avoid the diff
eutie' Of territorial bill therefore no objection
to adm 1t California . State at nee. Az TO there
Being no laws organization there, | would say
that there Is government in California, not
exactly republican, according to my notion, nor
exactly legal, but that only strengthens tho
certify. tor = bettsg Ppe We eaa give It,
be done II ought to be done, Before sne e-1 ~
the next resson, there will be people enough In Cali
fornia for three Slater Tbs idea of territorial 60.
vtrDme mt will then be obsolete idea The question
then is, shsll we give them State government now
or wait one or two years and then do the thing
he IfaLo fha