The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-22


we be caviling upon points of expediency before they
have had any form of governments territorial govern
ment, other'
Mr. BUTLER. Do you assume that all these citizens
would have the wish 10 vote and form government!
| Mr. BELL No. sir but there are thousands and tens
of thousands there who go reuertend Independent
of that there will be tens of thousands that go to make
it permanent home and residence They go with their
families perhaps requiring only the canes TO make
large in this country similar TO those in Asiahc
countries They are going in large throngs with Their
families as well as those who are going on shiFboard
Emigratng societies. my friend informs me- are formed
in the western States, in every town on the Missls
sippi. My idea. then. is, sir, that Congress alone
has the power to Slate that the constitution
prescribes no pre- existing form OF government Even
! if yon should conquer Kingdom it might be admitted
at once, In itself, as State; you might dethrone the
sovereign and the only why the practice OF this
government has been different the general tranquility
Congress in relation TO the establishment of govern
men because they under protection already. II is
very different thing when we come , to an eyge1cy like
whether State government would be free from obec
ton free from Inconvenience TO them ourselves That
is not the question whether the evils of omission to
act may not be greater than acting upon principles which
go beyond the practices of the government if
If we conhne ourselves to the constitution and do not
| transcend that
want TO observe, in confirmation of what have said
the force of the act OF Congress admitting the State
of Kentucky into this Union one OF the States. In
the LIST volume of United States Statutes at large, page
1879, we find il recorded that
sWhereas the legislature of the Commonwealth of Vir-
ginia, by enled AN concerning the erection of
the district of Kentucky into independent State passed
the eighteenth day OF December thousand hum
ded and eghynne have consented that the district of
Kentucky within the Jurisdiction of the said Common
wealth. and according its actual boundaries at the time
Of passing the aforesaid, should be formed
Sate and whereas convention OF delegates chosen by
the people of the said district OF Kentucky, have petioncd
thousand hundred and ninety the said district
Union by the name of 'rhe State of Kentucky"
ask you, sir, there is any mention of State cons
tuition being formed there This the recital OF the pc
tton of the delegates of the convention assembled for
the purpose OF pettoning Congress to consent to their
formation into new State:
That Congress doth that the said district of
Kentucky, within the jurisdiction of the of
Virginia, and according to its actual boundaries on the
thousand hundred and ninety-wo be iorod into
new State, separate FROM and independent OIL the said
Commonwealth OF Virginia."
AT the date of this act this district still subject to
Virginia, not separate independent government or
State. The last section is as follows:
That upon the aforesaid first day Of June thousand
hu1d and % me said new She by s1
and admitted into this Union as new and entire member
OF the United States of America"
Not only there State, but there was no State
constitution upon parchment at the time OF the pas
sage of that act They had not even upon paper much
less living constitution operating IN the State OF Ken
lucky They did not require the protection Of consi-
tuition They agree that it shall become State of this
Union For anything that Congress knew, there was to
be no constitution aud government better than that
adopted under the jurisdiction of Virginia The cons
tuition not submitted to Congress until the fall of
that year, after she had according to the terms imposed
her by the constitution of the United States, become
independent State And, sir, this is the only fiat of
Congress in relation the erection of the district OF Ken
lucky as a State of this Union Kentucky admitted
without constitution in facts for that is the history of
it. There State constitution. and we did not
qure that there should be State constitution.
1t is said that Kentucky had civil organization
under the jurisdiction and sovereignty of Virginia, and
ss part to and ne Of
sir; they had their civil government but it all
prepared to their hands, and what does all that amount to!
Il made it more convenient for them to send and they
formed constitution readily. What is the true
history of it? cannot find il upon record In fact,
the day on which they were admitted they had constu
ton, but before friend informs me that it was
fourteen months before the convention assembled and
formed that constitution. Now, what will my learned
power OF Congress to create State Was Kentucky
State before the adoption OF State constitution in form.
or was she not State!
is necessary to have written constitution.
Mr. BELL No sir They had republican form
Of government except that which they had while
belonging to Virginia. Noterrory had any government
in any form except by the permission of Congress
They exercised delegated authority they could only act
under the United States. They were their sovereign
They the paramount jurisdiction. There could be
idea of State and no foreign power had right to
control their interests whether local or national There
can be no such idea II cannot be found in any truth
doctrine, dctum, of any writer upon pubic law that
have been able to lay my hands upon and have never
heard sach doctrine. say they have power to do
everything except what is prohibited, in relation to the
admission of new State.
My learned friend of the committee went on TO say
there other objections to the admitting this as
State deserving of consideration excluding the bill OF
my learned friend from Illinois The proposition of the
gentleman from Illinois to admit the whole OF thus
territory State, with the condition that they con-
sent to the formation Of other States The argument OF
my learned friend of the committee was that that is OBJ
ectonabe, because when admitted State, cannot
be divided, it should not choose to submit to the
division.
Now state to my friends of the South in relation to
this question: that did not know the particular interest
and policy which they have IN view OF making more
than one State of that section of the country For myself
IT would grieve exceedingly IT we were to erect
this into State, and they should never consent to the
formation of another one 1t would give me unhap-
pness 1t would at least to lose no sleeps be-
eving do, that it would probably come IN as Tree
State and care to have than one Tree State
there Them | say to my northern friends who are
desire that slavery should be thee-athough it is proba
bic that slave labor cannot be employed there TO advan
tage-hey could change their constitution and admit
slaves and so say to my northern friends II 1t is to be
slave State do you want more than slave State IN
that quarters Do you care about it And would you
make mpediment TO its admission at the present
session. But there is a formidable objection
than these to the admitting this whole territory one
State beg leave to refer to the report OF the com
m,tee regard to the enormous, disproportonate
territory to be made into State. see by the re-
port of the officer of the government that the dspropor-
lion is not great had imagined it. find that me
square miles, while that of California is five hundred
housand-not SO very great dsproportion Let us see
whether, either AT some future time, ueIe o"sn'
tn he really anv substantial objection to making the