Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-04-13

tempt of the committee take cognzance OF the subject
California question Of order may not be made to ascertain
whether not under the words Of this resolution, Cslrp
is Referred and that without any debate the subject Sir
would have to be shown that the State Government of Ca
iornia, her constitution is something that has grown
the institution of slavery in the United States in order
give the committee jurisdiction Ideny that 1t has grown
of the institution of slavery in the United States where
else II has no connexion with it at all and be forced
into violent conjunction with it, to be treated having
been born Of slavery, is thing which undertake to say viii
be resisted to the last.
WISH sir TO say to the honorable Senator from Kentucky
70 whom we are all much indebted for the admission
Missouri that the which he quotesis bill for her ad
mission State but territorial bill Missouri terri
tory the time when the compromise act OF 1920 pass
ed. 1t was as territory that that act made applicable
to IT, And what has taken place has illustrated the truth
and of the decision made by President Monroes
Cabinet the tme when OF these questions submit
ted their decson whether Congress had jurisdiction
slavery within the territories outside OF the limits OF the States,
and 10 what the word foreve applied whether it applied
the territory while it continued territory, whether APP
piled TO the State after State was formed Their opinion,
informed, that the word :" forever" applied
only the territory and had application to State ell
and that sir has been The decision the part this iden
territory remarked to the Senate days ago. thus
lett outside by the compromise act OF 1890 when xed
the State of Missouri From Territorial soil, from which
slavery excluded became State SOIL and subject
to State authority and slavery into instanter and
has been there since This full and practical illustration
Of the principle have affirmed is the decision Of Mr. Mon
roes Cabinet Yes sir it the Territory of Louisiana
which the applied which the Senator from Kentucky has
quoted, and which is called the compromise act.
But the act of admission ITSELF and for which,
again repeat much indebted to the Senator from
MISUNDERSTANDING that Missouri should be admitted into the
Union upon equal footing with the original States in all
respects and with respect the fundamental condition. it is
contained the fourth clause of the twenty section of
the third article Of the constitution submitted The part Of
said State Congress- the following effect 1t shall not be
construed authorize the passing Of any laws and that no law
he in
citizens of the other States shall be excluded from the enjoy
ment Of any of the privileges and mmunie to which such
citizens entitled under the constitutions of the United
States provided that the Legislature of said STATE by
solemn public act shall declare the assent said State, and
shall transmit the President of the Une States, be-
fore the fourth Monday Of November nex authenticated
copy Of said whereupon, and wthoutfrher proceeding
the part of Congress- the admission said State into the
Union shall be considered complete the substance
of the provision OF the act sir. was here at the time
contemporary with these proceedings and had occasion
10 admire the which superior minds could remove
apparent obstacles II was be sure ike the Of Co
umbus making the egg stand its END The admission Of
the State Of Missouri esistedgre resistance was made
her admission which seemed dvd the whole Union, and
from which fearful consequences apprehended. At that
time the point Of admission hung upon this that by the
clause in the Missouri constitution which is here paricuarzed
free negroes prohibited from coming into the State.
That the clause The objection that would inter
ere with the constitution of the United States ard be the
of difficulty between the Sta because in many of the
the privileges of citizens. That the objection The
to that was that if there provision in the
stution Of Missouri that would into opposition to the
constitution of the United States upon that point would be
null and void; and every authority in the Staeevery judge
in the Stae-every executive officer under oath to dis
regard whatever epgnant TO the constitution OF the
United States 1t clear sir and represented
and argued at the time, but it was not satisfactory.
On the motion of the Senator from Kentucky the
referred to committee, which committee brought in decar
ation-t nothing in the world but decaration-that
gave the General Assembly Of Missouri, and all the
thories of Missouri who have the execution Of the laws in
their hands, that they should permit any constitutional
provision of Missouri to interfere with the Constitution of the
United States Or in other words, that they would perform
their duty under the oath which they had taken sup
port the Constitution Of the United States and they found
any thing in the State constitution epugnan to the Const
tuition of the United States they would hold to be mpea
tive upon them to maintain the atter in that
they would violate the Constitution Of the United States
That ALL Now this Of Missouri is affirmed by the
practice Of sixty years legislation in regard to the SUBJ
ect But do not rest upon precedent alone that is law
yer business 1t belongs to FORM 1t belongs to hunt
ing lawyer search the files for precedens do not 60 by
precedent, except illustrates the in hand go by
rather than precedent require these things have
separate considerations and refer to sixty years Of
legislation, not precedent to this body but
example to show What has been deemed by every Con
gress that has preceded US. That is what want.
Mr. DAYTON. am opposed, Mr. President, 10 the
proposition, and though intending 10 discuss at all yet
this proposition has had very little discussion as compared
with the general questions which have been discussed by the
Senate and the country, feel constrained to few words
The distinct question refer California in
with other matters, to this committee, in the hope that they
may unite in satisfactory adjustment for the compromise
of all the pending questions in regard to slavery Now Mr.
President beg leave to ask the Senate and to submit it to the
country, whether in his matter Of referring California is
not act of ndgniy 10 her whether you not doing
act of injustice to her submit to the members of this body
now whether there is the slightest doubt that California will
come into the Union State standing alone Has not
been said again and again. all sides Of this chamber and
the representatives of all shades of political opinion that
California will into this Union that she has right to
here and that she will be admitted by large majority
Why them it, ask again. that she is to be sent back to
this committee OF conference except for the purpose OF using
her with view to making paatabe more obec
tonable proposition You take hazard by referring Ca
orna of defeating her admission in the hope that you may
bring something in along with her-she serving as
plum sweeten the dose, that you may swallow them
all together ask now with very great respect 10 gentlemen
Of all opinions in this chamber whether just TO California
place her in this peculiar position She has certain class
Of gh not legal perhaps which bound to recognise
advantage, but simply for the purpose Of subscribing the ne
rests of party, submit with great respect. that commit
an injustice upon her. Can any doubt that this
ference Of California this committee and bringing her back
here connected with bills for territorial governments and the
settlement Of the Texan boundary, viii tend to hazard to
extent her admissions not to hazard her admissions at
least TO decrease the amount Of which would be given
for that admission Is she not now, submit kept back sim
ply for the purpose Of sweeenng the dose and making more
palatabie majority of this body This submit very
speculy l. what strikes obvious the face of this
matter If it unjust California is it equally unjust
to who desire to vote for the admission Of California, that
you send her to your committee Of conference They will take
the question of her admission consideration, and connect
with other matters making the whole bill obnoxious us
would be any bill Of such character, whereby