The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-07
DEBATE ON
The Omnibus Bill-Continued.
THE ADMISSION OF CALIFORNIA.

the order of the day, being bill for the admis-
sion of the State of California into the Union.
The PRESIDENT stated the question to be
on the amendment proposed by Mr.. FooTE- to
Inc amendment of Mr.. DOUGLAS.
Mr. FooTE's amendment was read as follows
to be added at the end of the section:
sand that the said State of California shall
never hereafter claim as within her boundaries
nor attempt to exercise jurdiction over any por
ton of the territory at present claimed by her
except that which is embraced within the follow
ing boundaries, to wit: commencing in the Pa
cifc ocean, three English miles from the shore
at the forty-second degree Of north latitude
thence with the southern boundary line of the
Territory of Oregon, to the summit of the Sierrs
Nevada thence along the crest of that noun
tain to the point where it intersects the parable
of latitude Of thirty-five degrees thirty minutes
thence, with said parallel of latitude to point
in the Pacific ocean, three English miles from
the shore; and thence to the beginning, includ-
ing all islands, bays and harbors adjacent to or
included within the limits hereby assigned to
said State. And new territory is hereby es-
tablshed, to be called Colorado, to consist of
the residue of the territory embraced within the
limits Of the said State of California MS specified
in the constitution heretofore adopted by the
people of California for the government of
which territory SO established, all the provisions
of the act relating to the territory of Utah, ex-
cept the name and boundaries therein specified,
are hereby declared to be in force in said terri
tory of Colorado, from and after the day when
the consent of the State of California shall have
been expressed in some formal manner to the
modification of her boundaries above described .
SEVERAL SENATORS "Question, question"
Mr. BERRIEN Mr.. President, am very
reluctant to trespass, even for brief moment,
upon the time of the Senate, or to attempt to
stay the action Of the majority in relation to the
subject which is now under consideration. But
cannot feel that it is consistent with the duty
which owe to my own State, nor to the equal
ly imperative obligation which owe to the
Union Mt large, not to make the brief suggestion
which propose to offer to the Senate. This is
proposition to restrict the boundary of the pro-
posed State of California in the mode specified
in the amendment, and to make that restriction
one of the conditions upon which California is
to be admitted into the Union. Now, sir, my
colleague stated yesterday to the Senate the po-
sition which has been assumed by that State of
which we are both representatives. 1t is not
my purpose in this chamber to discuss the ques-
ton of its propriety.
present merely to the consideration of the
Senate, the fact that it has been assumed that
the obligation imposed by the Legislature of
that State upon the Executive is imperative, and
that the call of convention to consider the
state and condition in which the United States
will be left by the passage of this act, must be
the inevitable result of its becoming a law, with
the boundaries prescribed by the Constitution
formed by the people Of California Sir, ! do
not mean to enter into discussion of the ques-
tions which were debated here yesterday. It
does not appear to mel submit with great re-
spect to gentlemen who entertain different opin-.
Ions, and meaning to express mine merely as the
rule by which shall regulate my own conduct
1t does not appear to me that this is the proper
theatre on which to discuss the question of the
rights which the States of this Union may ex-
ercise in the event of any legislation by Con
gress, which they shall consider Inconsistent
with their constitutional rights. That question
will be decided by the people of each State,
not by their representatives here. / have no
authority, in the commission which they have
entrusted to me, to enter into such discussion
OH such a theatre When-which hope may
never occur--when the Congress of the United
States shall pass any act which the people OF
any of the States Of this Union shall consider
rs violating their constitutional rights, my own
view of the subject is, that the proper theatre
for such discussion is within the limits Of such
State.
do not entertain doubt that upon the pas
sage of this bill in the form in which it is pre-
scented, the governor of the State of Georgia,
acting i'm obedience to the resolution of her Le-
gislature, must convene convention, and that
the people of Georgia. assembled in convention,
will then deliberate what are their rights and
duties consequent upon such Legislation. To
Al "a. 10 karo nff bof
ventiOn, it will be competent to express the
opinions entertained by them, as to the obliga-
tons imposed upon the people of that State,
the rights which they may exercise, and the du-
ties which they are required to perform. Until
that time arrives-and pray that it may be
averted-I desire to avoid the discussion of the
subject, expressing only my opinion that the
people of that State, If they shall so convene,
and if they shall decide that their constitutional
rights have been violated, will fulfil the duties
devolved upon them by that state of facts, in
such a manner as may become freemen and pa
triots, with a full sense of their obligations, and
of the responsibility consequent upon their de-
cision
But, sir, the consideration which / desire to
present to the Senate of the United States is
this Ii it be believed that the governor of any
State of this Union acting in obedience to legis-
lative resolutions of such State will feel himself
obliged to assemble her people in convention,
for the consideration of the grave and exciting
question which now agitates and disturbs the
Union, and which we for the last eight months
have been endeay oring in vain to settle-if it be
simply believed that such a consequence will
follow ask senators to consider how much the
assemblage Of such body, under such circum-
stances, vi !. Q calculated to increase the excite
ment and calmly to determine whether this is
not sufficient reason for endeavoring to avoid
that necessity! 1t is unnecessary for me to
discuss the right of secession; the right of a
State to withdraw from the Union. What
desire to say is, that the people of one of those
States will be assembled in convention, for the
purpose of considering the grave questions pre-
scented by this and other acts of Congress, which
they may regard as violating their constitutional
rights. ask you to consider whether the as
semblng of that convention will probably be
confined to the people of that particular State
whether the effect will not be to increase the ex.
citement which now agitates and disturbs the
Union; and whether, in fact, it may not lead te
consequences which we shall all deplore? Ii