Weekly national intelligencer., 1850-02-23

fornia into this Union this and under present
stances, and which must conan me 70 vote against hen
sructions moved by the honorable Senator from Missouri
(Mr BEsToS.)
In the first place, sir be denied that this appica-
ton before under circumstances unprecedented IN
the history Of this country Other Territories is true have
first moved in the matter Of their admission into the Union
and without being authorized by previous act Of Congress-
have formed constitution, and applied for such admission
But the circumstances altogether different In many c-
spects To take spge example-he State Of Michigan.
That State belonged Territory which bad right admis
sion II formed portion Of territory which became the pro-
pery the United States upon the express condition that
should be admitted into this Union. In the next place. that
organized Territory, and had Territorial Govern
ment and that in my view is matter Of vast importance IN
this question. Ess5 t
What is Territorial Government What is amy Gov
eminent organization Of otherwise unoganized
population into political community II that which makes
Of such population organized body, enabling to act as
one whole, and bringing its several individual members be-
fore uniformed mass, into political associanon Sae
body polite ascerans what persons among that people
represent and shall have right speak the voice Of the
whole Merely being upon territory gives not necessarily
right be consulted in the dispositions to De made Affecting
the desnies of the population The fundamental law OF
every country, however adopted, settles IN whom the power
represent the community shall resdewho shalt speak the
voice of the community say that this State this political
association wills that such and such things shall be cone b
collecting and decarng in due for the public sentiment OF
the whole.
Now sir every Territorial Government established by
Congress from the sovereign power and receives
authority the Territory That sovereign power has
right to fix laws for its government has right TO prescribe
the form and manners the only firm and MANNER IN which
shall be recognised any other than mere mass OF hui
beings together BY this form Of government proceed
ing from this sovereignty is first defined who has right TO
speak the voice Of the Tentoy what portion OF the inhabI
anis shall have the elective franchise shall choose repesen
aves who when chosen by that poron represent the whole
community and speak its voice. In California we have no
thing Of this. Who chose the representatives Whence
did hose who chose them derive the power to authorize these
representatives speake the voice Of the people Of California
such Why sir without an act OF Congress authorizing
it, can conceive Of but way in which such form can
be given to the inhabitants OF this Territory and that by
Of revolution, in which, throwing of the allegiance OF
their sovereign the United Staes they think proper to meet
together in their original and primal character OF human be-
ngs and say that they will be organized body with such
they think proper But the present proceeding is
Of that character The very shows that they
throwing themselves upon such right But they
here having formed constitution which they say en-
bodies the public will Of California; and ask that as State,
they may be admitted into this Union.
Now, sir the business of my life lawyer has inclined
respect and follow precedens and always feel regret
when, either need!es or for even sufficient cause It be-
necessary in any particular instance to depart on
what has been The established usage OF the nation think
that be regretted that the Congress Of the United States
should have departed from the safe positions that in such
matters territorial management should follow and not lead the
of Congress- and under any heretofore OF
should have yielded their sanction on act by
which Territory assumed 10 ITSELF without their previous
invitation, to form itself into sovereign State
But, be that may, feel strong repugnancs to i'll
further introduce example, and that not on'y
without the previous sanction Of Congress for such proc.ed
ing but without the previous authority from Congress fer
forming the inhabitants Of any particular district into terri
tora community, for purpose OF government whatever
they may voluntarily ociae themselves into political
State adopt whatever rules in their organization they may
think proper aud then Apply to to recognise them
exs political commurly-a State-and, such, receive
| them into this Union.
This, Mr.. Presidents is the first difficulty have. There
is another that gentleman has yet alluded to. When
this Mexican treaty first submitted 10 the consideration Of
the Senate it contained ceihe ninth ariic epIo-
yidng for the admission Of these Territories into the Union
States as, by the form of the constitution Of the
United States that object could he accomplished was, IN
other words exact, or nearly exact transcript OF the pro-
visions made in the treaties by which acquired Louisiana
and Florida Thee has scarcely been instance lmagne
where there any difference al in which the Senate
nearly unanimous against adopting any such pro-
vision. Allow me- order that the matter may be under
Stood 10 call attention the original article, and TO the sub
itu,e adopted by the Senate.
The words of the original article, far relates 10 this
matter, are these
The Mexicans who, the Territories aforesaid, shall
preserve the character of citizens of the Mexican republic
conormaby with what is stipulated in the preceding article
be into the Union Of the United States and
admitted possible, according 70 The PRINCIPLES Of
the federal constitution, to the enjoyment Of all the rights OF
citizens OF the United States"
The amendment made by the Senate is in these words:
Who the Territories aforesaid shall preserve the
character citizens of the Mexican republic, coniormably
with what is stipulated the preceding article shall be incor-
the Union OF the United Satcs and be amted
the proper me Ito ejndedo by the Congress oc I'M.
ted tate to enjoyment of all the rights of citizens OF the
United Sates according to the principles OF the
Now, what the meaning Of this amendment am
very well that certain document which excited some
attention here, called the PROTOCOL informed Mexican
funconares that, in TRUTH the Senate of the United States
nothing by it that they had particular choice
Of phraseoogy, preference for their mode OF
preston; but the notion that they intended to make
any essential alteration in the article, that all mistake
that far that concerned they not in earnest
and that the words inserted by the Senate to have the
meaning those words that had been stricken out Of
the original article.
Mr.. FOOTE. would remind the Senator that no such
words used by the and he surely would
reflect upon themone Of them is dead the other absent
Mr.. BADGER. am that such expressions
used by them stating undertaking 10 state
what they said, but the inevitable result Of what said
However not cast any reflection upon either OF
the gentemen-nonc all merely wanted TO state what
would be the result Of holding the provisions identical in
meaning But independently of that the alteration
real and substantial one aud understood by the Sem
The idea that the people Of these Territories should be
admitted into the Union with all the rapdiy consistent with
constitutional forms, shocking the minds Of Senator'S
It was so stated this floor and while the Senate will
ling that future time such admission might take place,
there decided repugnance to tying up the unfetteed
judgment and discretion Of Congress.
have said that this amendment made with remarkable
unanimity. When the vote taken, there i9 Sena-
present. and the amendment received vote Of Al out OF
the 40 and Of those who voted against even
this amendment for the honorable Senator from Missis-
spp (Mr FoorE) remembers WELL and other gentlemen here,
opposed any spuaons which might he presumed 10
imply imperfect obligation to Admit at any time
do not know how the four gentlemen influenced who
voted upon this question with The real OF the
Senate then As to against immediate admission The