The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-01
THE UNION.


property, therefore il il an unequal law with regard
% them Their right to this peculiar property Is local
founded upon State institutions They own only I'M
der the laws OF their States and their title exists
alone BY virtue OF State laws The moment they carry
slave beyond the jurisdiction OF slave State into
free State their ute ceases % exist H. therefore, in the
establishment OF territorial government we exclude
species OF property which only exists by virtue OF local
laws in some Of the States, il canno. be Justly called an
UNEQUAL law la establishing territorial government.
we have regard to the interests OF the people OF the
Territory; to the community political and social. which
is grow up and become State in that Territory and
q i've re
the Territory to prohibit the establishment there OF
local institution which exists in South Carolina, il can
not pc considered an aggression upon the rights of any
portion OF the people Of the Union.
Sir, too much in the habit OF thinking, when
we make territorial governments that we are egislaing
for the people OF the old States and with reference 10 the
local institutions oil the different States OF the Union il
should not be So We establish the government for the
purpose Of training and bringing up community through
comes State. when the people take The government into
their hands and establish their institutions for them
selves During that time il is under our care main
tain and believe it to be the general sentiment of the
North that Congress has the power TO exclude slavery,
and that thai exclusion no aggression whatever upon
the equal rights OF the South.
But sir, the question now presents itself in much
direct and pointed manner upon the admission Of
California State Into the Union II is said, in adj
vance, that il we admit California State with her
present constitution formed 10 the in which il
said 10 have been formed il will be another aggres.
sion by the North upon the rights Of the South Cali
fona was brought under the control OF our sovereign
power by the treaty with Mexico BY that treaty we
engaged to receive the people Of California as citizens OF
the United States, and Congress thought proper
to admit them into the Union upon equality with the
other States Last session, or the session before 1t was
proposed togye government TO California Various bills
introduced Tor that purpose, and bill passed the
other House creating territorial government Il came
here and defeated VarioSs other projects were Of
fered BY different senator's for the purpose Of giving CAL
fona some kind OF governments but they all failed, and
California to this hour has been left without govern
ment The difficulty was this very question o slavery
prohibition OF slavery the prohibition Of in the
Territories One gentleman conended that Congress had
not the constitutional power another commended that the
people OF the Territory had the power, and that 1t must
be left to them; and other gentlemen commended that the
question could only be settled BY the people Of Caor
MIA in the formation OF State constitutions. when II was
admitted by all they had the right to settle this question
WE'LL sir il has so turned out that California has set
tied the question: and settled il too, precisely in the way
in which all agreed she had the right to settle by
the formation OF State constitution, in which her people
had the right TO admit prohibit slavery She has taken
this question: gentlemen say into her own hands, and
has settled it forever She has taken the Wmot Poviso
in her hands, and relieved Congress from the diff
Guilty which prevented action the subject during the
two last sessions She now comes here and pre-
sents her constitution and what is said Why, gentle
men tell us that this constitution is illega-rauduent
the result of trick and management that there has been
an interference the part Of the government; and it is
gravely charged that the Executive coerced or, to
moderate terms, persuaded the people OF California
to put in their constitution the prohibition OF slavery
Now Is hardly necessary Tor me to stop for the pur-
ngnshed patriot who is at the head OF the executive de.
partmen Of this government; for no man who knows
him would believe that he would be party any
attempt TO persuade the people Of California
TO do what is here charged Sir the character of that
distinguished man, personal and Official IL before the
country and before the world Everything that he does
is done in an open and direct manner In ali his former
official life, all his administration OF the affairs of this
government there is no trick, no intrigue. no conceal
lodging either in the field or the cabinets but all
Direct opens and aboveboard and all that be has done
upon this subject is before the country and before Con-
gress
What has he said and done upon the subject Why,
sir, he sent commissioner to California with nsruc-
tons But what were those instructions! Simply to re-
commend TO the people OF California 10 form constitution
for themselves. That the amount Of those nsruc.
lions, sir; and in doing that not only did his duty to
the country, but at the same time, complied with the
opposing his conduct Why, at the last session OF
Congress- il proposed by gentlemen from the South
10 do the very thing which the President in his good
They went further; for they willing that time
put this question, with all its influences and responsible
ties, under the sole control OF the Executive The Pres
dent has merely carried out the idea OF Congress ITSELF in
saying the people of California. II is the desire OF Con.
gress, il is my desre and II is the desire OF the country
that youadopt constitution Tor yourselves, and send il
people who formed this constitution had authority OF
law TO do There is doubt, sir that this action OF
the people OF California without law
passed by Congress authorizing convention TO be held
but they acted for themselves, trusting that Congress
would, has been done in similar cases. sanction their
proceedings
Mr. B0RLAND. will the senator allow me to ask
him question! Do understand the senator TO take the
position that, inasmuch as proposition was made here
during the last Congress to exercise the power of Con-
gress 10 authorize the President OF the United States
establish territorial government in California, fol-
lows that, nasmuch Congress refused TO exercise that
power, the President, after the adjournment OF Con-
gress, had The constitutional power to authorize Cafo-
MIA 10 establish State government Does the senator
mean 10 be thus understood
Mr.. MILLER No, sir; have not said that the Pres.
dent had any constitutional power TO authorize Calor
MA 10 form State government; has he done any
such thing said that the President, in his advice TO
the people OF California 10 form constitution, carry
ing out the idea Of gentlemen OF the South, expressed
here during the debate upon the bill referred by the
senator from Arkansas. The instructions 10 the com
missioner not give power the people Of Caiior.
MIA to form constitution, but 10 say 10 them, II you
form constitution and send il here, will recommend
to Congress to admit you into the Union That all
sir.
But sir, il is said that this proceeding on the part OF
California is without precedent and that II admit her
State now il will be contrary 10 all former action on
the part OF this government II California be now adj
mitted by Congress- she will be admitted under the gem
eral power given to congress TO admit States.
look, sir, upon the application presented to us as
petition, the part oil the people OF California, to be adj
mitied into the Union State, with the coHsttu.
ton which they present here This Iconsder TO be the
nature OF her application that instead OF applying Tor
a territorial government, they ask us, Under that
clause OF the constitution authorizing Congress 10 admit
STATES IN he admitted fnion Tharo