The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-18

duVtTSt 10 Tue ADMISSION Oh CdliiOTLid al
that time. Mr.. BERRIEN then argued
that the power of Congress on this subject
was limited to the admission merely OF
the State. Congress might direct the call
Of convention, but could do nothing to-
wards the creation of the State. That, in
his judgment and the judgment of the
committee, exhausted the creative power
of Congress. We extract from the Con-
gresSional Globe for the last session, page
1911, so much of the report as bears upon
this subject
"The power conferred by the Constitution on
Congress to admit new States not to create them
According to the theory of our Government. the
creation of State is act popular sovereignty,
not of ordinary legislation. 1t by the will of the
people of whom the State is composed, assembled
in convention, that it is created. Congress may
provide for the assembling of convention, but it
is the will fthe people, expressed in that conven
ton, which alone creates the State and, until
that is done, the power conferred by the Consttu-
ton on Congress 'to admit new States into the
Union is not called into exercise There is no.
Of the committee, then, this bill ought not to
pass, because proposes the exercise by Congress
Of power not vested by the Constitution in the
National Legislature, namely, the creation Of a
ne,c State.''
The ground taken by Mr.. Senator
DOUGLAS, in the debate on this report,
calls for the very action on the part of the
people of California which has taken
place. He fully recognises their right to
create State, and expresses in the
strongest language his hope that they
would exercise it. We quote from the
report of his speech in the Congressional
Globe, page 1873:
again. there is government de faeto in Cali
fornia now. admit that it is not good govern
| ment, and, for that reason, it ought to have
better one. | admit that it is not republican
government, and in fact not legal one; and that
is the reasonSwhy there ought to be a legal gov
eminent there. California can be admitted as
State upon the principle recognised in the admis
sion of Vermont, Kentucky, and Tennessee, with
out violating any of the principles of the Consti-
tuition, without violence to any practice or act of
| this Government. 1t ought to be done now sir,
and not postponed; for the reason that there are
people enough there to create State govern
ment, and for the that, before another
| session of this Congress expires, there will be
more than enough for three States. ut that period
the idea Of territorial government ciH be obsolete
The question, then, is this-Shall we form State
government now, giving law and protection to
| the people Of California or, shall we postpone
action, wait period of two years, and then do
the same thing? Sir, trust that If Congress
doe, not act at this session, the people tciu act for
uernselues. trust they tciH together and form
government for Themselves. trust that they will
not for two years longer consent to live under a
form of military government | trust, sir, that
Colts pistols will not continue to be the common
{ law of that land"
But not only did Mr.. BERRIEN and Mr..
DOUGLAS recognise and enforce this right;
Mr.. Senator Downs, of Louisiana, en-
dorsed the views of the Senator from ILL
nois, and so far differed from the commit
tee as to offer the following resolution,
which recognises in advance the action
that California has taken, and which pro-
poses the very boundary on the Pacific
which California has adopted. We copy
this resolution from page 1874 of the Con-
gressionai Globe:
" Resolved, That il is competent and expedient,
and not inconsistent with the practice of the Gov
eminent in some cases, 10 admit California, or
such portion Of il as Congress may deem proper,
Immediately into the Union on an equal footing
with the other States; and that the Committee on
- be instructed to report bill for that pur-
pose, for that portion Of California which lies west
Of the summit Of the Sierra Nevada mountains"
In February, 1s47, Mr.. CALHOUN, in
the Senate Of the United States, offered a
series Of resolutions, among which we
find the following:
ResoIced, That it i, a fundamental principle in
our political creed, hat people, in forming q
constitution, have the unconditional right 20 form
and adopt the government which they may think
best calculated TO secure their liberty, prosperity
and happiness; and, in conformity thereto, nc
other condition is imposed by the Federal Consti.
tuition State, in oder to be admitted into thi.
, Union, except that ~ constitution shall be ere.
publican;' and that III, imposition Of any ether by
Congress would not ,nly be in violation Of the
Constitution, but in direct conflict with the prin.
, eiple on which our political system rests
In presenting these resolutions, Mr..
( CALHOUN made speech, in which he dis.
! tinctIy re-afhrmed his doctrine, in Ian.
: guage so broad as y cover the entire case
: presented in the application of California.
: "Sir," said Mr.. CALHOUN, 81 hold it to
: be fundamental Principle of our politi-
$ 'cal system that the people have right
: ito establish what government they may
!. think proper for Themselves; that every
Il State ABOUT to become member of this
: Union has a rightto FORM ITS OWN GOV.
: 'ERNMEST As 1T PLEAsEs; and that, in
e 'order TO be admitted, there is but ONE
: qualification, and hat is, that the govern.
e ment shall be republican. There is nc
Is express provisional that effect, but il re.
i suits from that iiportant section which
y guarantees to eveg State in this Union q
h republican form government