The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17

not in the records Of this government find an instance in
which State has been created out OF the public domain
OF the United States by the action o un0Tganized body
of people, and them without further action, admitted by
Congress into the Union have said that il any senator
disposed e contradict this proposition as question Of
fact, viii yield the foor to him for that purpose
have right to assume from the silence of every sen.
ator that the proposition which state is indisputable in
Mr.. DOUGLAS. do not intend 10 engage in any dis
cusson on this point; and would only say that, in the
precise words OF this proposition am not prepared TO
deny IT, and 70 assert that there has been in which
all these irregularities have occurred n the instance
But there 10 moi irregulay in the OF California
which has no, occurred and been waived in the adms-
sion OF some State into the Union II the senator
forna. will point him 10 corresponding in the case
Of some other State which has been received into the
Mr.. BERRIEN. acqniesce cheerfully in The sugges.
ton OF the chairman OF the Committee Territories but
think il be had given me his attention, his inquiry
propose this question What State Of this Union,
formed ou OF the public domain, resting upon constlu-
ton made by an unorganized body OF people, has ever
been admitted into this Union",
Mr. DOUGLAS. There is great potency in the words
formed out OF the public domain 7; but il appears TO
that they have nothing 70 do with the question. Ken
lucky was received into the Union with constitution
formed by an unorganized body OF menwith organi
zation except hpt which existed framing the constilu
ton and even was framed alter the date OF her ads
Mr.. BERRIEN. Mr. President, il the senator should
not be more fortunate in the which he shall give
IN ne luTtneT progress oil THIS deDdte, IL W lnk, ne
discreet to abandon the attempt The to which the
senator refers does not belong the class OF whch
we are considering There was organized body Of
by the assent OF that State of which they formed part
That was not case of the formation OF State out OF
the public domain was the exercise OF power reserved
in the constitution OF the United States, which author
lied the formation of States out Of the States existing.
but not without the consent Of those States The
Of the legislature Of Virginia had been given 10 the
formation OF the State of Kentucky; and the attempt is
10 put the people who framed the constitution under
which Kentucky came into the Union upon footing with
an unoganzed body Of adyenturers, resting upon the
public domain OF the United States which they assumed
the authority to govern without the assent OF the lawful
pfoprletors.
Irepeat, then Mr. President that there is no instance
in which State formed out OF the public domain by
unoganized body at men has ever been admitted into this
Union, and that the example cannot be produced. do
not stop here at ID 10 moment W il does not escape me-
will do before sit down. to inquire what the
which influence honorable senator's to this do
not stop here to deliver to the Senate argument upon
the importance OF maintaining the usages OF the gov
rrnment-especally IN government like ours-those
usages which were established in the early period OF It's
history.
Sir the Indispensable necessity of concentrating pub
opinion in the different States in support OF the action Of
this government renders the observance Of these early
and established usages Infinitely more important than un
der any other government upon earth The usages OF
the government rest upon the early Interpretation OF the
consttuon-upon tie interpretations of that sacred IN
strument which were made by those who had shared IN
the labor OF forming H. and who were yet spared TO take
their part in the publ councils The ordinance OF l7s7
frequently appealed to- and framed coemporaneously
with the cQpsuulon mbodied the principles on which
new States were 10 be admitted into the Union but from
the time ot that celebrated ordinance down to the present
moment maintain that the principle which this usage
rests has never been departed from.
Now state the fact OF its existence rather for the
purpose OF nqurDg, "Wbat is the principle on which II
resist Why il that the Congress OF the United States
in admitting new States the Union has adopted
principle which is consecrated by the uninterrupted
usage of the government I" Sir think may be briefly
stated believe that with the exception OF the honora
BILE senator from Michigan, whose opinions upon this
subject do not intend to discuss or TO call in question
believe that, with the exception OF that honorable sena
tor, there il universal concurrence OF opinion IN this
chamber-and had almost said beyond lt-tha the SOW
ereign power the territory OF the United States
sides in Congress- under provision oil The constitution
and that under that provision by which we are required
to make needfu rules and regulations for the
OF that Territory, under the treaty making power
this power is conferred upon that body Sir, this right
of self-government, OF which hear much. is not
thing which man can carry in his pocket like pass
port certificate OF citizenship, 10 be used and exer-
cised upon any spot of earth on which he may tread
The inhabitants OF Territory do not possess the right OF
self government, except as IL is given TO them by the
transfer OF the sovereignty the United States, and only
TO the extent to which that sovereignty transferred
This is principle which this usage rests. This
the principle which has regulated the action OF the gov
eInnieni from its commencement TO the present day
Sovereign jurisdiction the Territories is vested in
the United States, whdare propreors oil the so TO be
exercised BY Congress in conformity TO the constitution
territorial government is cIeaed aud the power vested
in IL may be exercised not in virtue OF its inherent right
Ol government, Uy uttsauon VI pUWfI
the constitutional depository OF 1.-THE Congress OF the
United States Now, after these governments have been
formed the has been 10 invest them with power 10
frame constitutions, and TO be admitted as States into the
Unon This assent OF Congress-lbis REIMBURSEMENT o
the sovereignty OF the United States over the territory by
their assent 10 the formation oil State constitution
gives power which has been exercised every one OF the
states OF the Union. agree that II has been sometimes
before and sometimes after; but that which
this from every other Is, that neither before nor al
ter has IL been given to constitution framed by an
i unorganzed body OF men, entering without authority
upon the public domain by admitting such people as
State into the Union.
SIR beg the Senate 10 observe address myself espe-
ciay to the advocates OF the late Compromise bill ask
Them 10 observe that hs s the exyIess doctrine which s
maintained in the report OF the Committee oil Thirteen or
il necessarily and inevitably results from il: Tor, by that
report Il is declared that California still constitutes Ter
riioy that neither legally constutionally she
be considered otherwise than as Territory.
i And now sir will lay before you the second objec-
lion which presented BY the State which, with my col
league represent here. II California be Territory
il an unorgdn,zed body OF the people OF that Territory
be incompetent 20 form constitution uitoyf the precious
assent of ngres that assent 10 be given 10 an act
which upon this principle, is in self mere nudity
then sir the State which is to be admitted into lnis
Union by this act State which Is 10 be cre1ed by ntis
act !.
have some difficulty in demonstrating proposition
which appcas 10 be 80 undenably clear a. th,s y =
admitted BY tie report OF the Committee OF Thirteen that
California is not State-bai she cannot be consitu
tonay and legally considered That Is the doctrine
which s contained In The message OF the PftsideDt e
Gently delivered in relation 10 New Mexico. H. men
California be State, ard II she ~ TO become oate
aud TO be admitted into this Union By this ACT both these
consequences result from the act ITSELF and not from The