Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-29

Protest Against the Admission of California.
| MIR HUNTER. lrlse, not to present petition,
but to address motion TO the courtesy of the SEN
ate-a motion which | am aware cannot make as
matter OF right and parliamentary privilege. 1t
| is to ask that protest, which has been prepared
| and signed by ten members of this body, against
the passage of the bill admitting California into the
Union as State, which pa ssed yesterday, may be
received and spread upon the journals of the SEN
ate. We ask it, because we deem it one of the
| most, If not perhaps the most important measure
that has passed during our experience here, and
we wish to give whatever emphasis we legitimate
ly can to our oHposti on to it. We wish, so far as
! we can, to break the force Of precedent, which
| we regard as mischevous and dangerous for the
admission of States into this Union. ask that it
may he read and spread upon the journals Of the
Senate.
Mr. HALE. Do understand the Senator to ask
that it may be read? 1t ought to he read that the
Senate may understand what it is.
| Mr. HUNTER. Yes. sir.
The Secretary read the protest, as follows:
We, the undersigned Senators, deeply impressed
| with importance of the occasion, and with SOL
emn sense of the responsibility under which we
are acting, respectfully submit the following pro-
test against the bill admitting California as State
into this Union. and request that it NAV be entered
upon the journal Of the Senate. We feel that it is
not enough to have resisted, in debate alone, bill
| so fraught with mischief to the Union and the
States which we represent, with all the resources
of argument which we possessed; but that il is al
| so due to ourselves, the people whose interests
have been entrusted to care. and to posterity.
which even in its most distant generations may
| feel its consequences, to leave whatever form
may be most solemn and enduring, a memorial of
| the opposition which we have made to this meas
ure and of the reasons by which we have been
governed, upon the pages of a journal which the
| constitution requires to be kept long as the
Senate may have an existence. We Gesire to place
the reasons upon which we willing to be judged
BY generations living and yet to come, for our op-
position to a bill whose consequences may be so
1 n M lo 1 ntt t.f
deep interest to all who may come after us.
We have dissented from this bill because it gives
| the sanction of Iaw and thus imparts validity to
the unauthorized action of portion o: the inhabi-
tants of California, by which odious discrimna-
| ton is made against the property of the fifteen
! slaveholding States of the Union, who are thus
| deprived Of that position of equality which the
constitution so manifestly designs, and which con-
| stitutes the only sure and stable foundation on
| which the Union can repose.
Because the right of the saveholGing States to a
common and equal enjoyment of the territory of
the Union has been defeated by system IF meas
ures which, without the authority of precedent of
law, or of the constitution, were m8nifesty con-
trlved for that purpose, and which Congress must
sanction and adopt, should this bill become law.
In sane tioning this system of measures, this Gov
eminent will admit that the Inhabitants Of its Ter
ritories. whether permanent or transient. whether
lawfully or nnlawiully occupy ing the same, may
form State without the previous authority of law
without even the partial security of territorial
organization formed hy Congress WithOu. any le- /
gal census other efficient evidence of their pcs
sessing the number of citizens necessary to au- !
thorise the representation which they may claim;
and without any of those safeguards about the bal
lot box which can only be provided by law, and
which necessary to ascertain the true sense of
people. 1t will admit, too, that Congress, having
refused to provide Government, except upon the
condition of excluding slavery by law. the Execu-
tive branch OF this Governme NAV, at its dis
cretion invite such inhabitants 10 meet in conycn-
ton, under such rules as il or its agent may pre-
scribe, and 10 form a constitution affecting
~ their rights, but those also of fifteen states
of The onfcIeracy. by including teri tory with the
purpose Of excluding those States from its enjoy.
ment, and without regard TO the natural fitness Of
boundary, any Of the considerations which (
should properly determine the limits ofa State. II
will also admit thatthe convention thus called into
existence by the Executive may be paid by him out
of the funds of the United States, without the sane
ton of Congress in violation not only of the plain
provisions of the constitution, but Of those princi-
pies of obvious propTety which would forbid any
act calculated to make that convention Dope ndent
upon il and last, but not least in the series of
measures " hich this government must adopt and
sanction in passing this bill, is the release of the
authority of the United States by the Executive
alone to a Government thus formed, and not pre-
senting even sufficient evidence of its having the
assent of ma jority Of the people for whom it was
designed In view of all these considerations. the
under signed are constrained to believe that this
Government could never be brought to admit A
State presenting itself under such circum stances,
II 1t were not for the purpose OF excluding the peo-
pie of the siavehoding States from all opportunity
OF settling with their property in that Territory.
Because TO vote for a bill! passed under such cir
cumstances would be to agree to principle which
may exclude forever hereafter, it does now, the
States which we represent from all enjoyment of
the common territory of the Union a prinCirle
which destroys the equal rights of their constitu-
ents, the equality of their States in the confedcra-
cy, the equal dignity OF those whom they represent
as men and as citizens in the eye Of the law. and
their equal title to the protection Of The Govern
mcnt aud the constitution.
Because all the propositions have been rejected
which have been made to obtain either rccG mi
ton of the tights of the slayeholdng states TO q
common enjoyment of all the territory ofthe United
States, or to fair division Of that territory be-
tween the slavehotipg and non-slaveholdng
States of the Union-evcry effort having failed
which has been made to obtain fair division of
the territory proposed to be brought in the State
Of California.
But, lastly, we dissent from this bill, and SOL
emily protest against its passage, because. in
sanctioning measures so contrary TO former pre-
Cedent, to obvious policy TO the spirit and intent
of the constitution of the United states. for the
purpose of excluding the slaveholding States from
the territory thus to be erected into State this
Government in effect declares that the exclusion of
slavery from the territory of the United States is
an object high and important to Justify a dis
regard not only of all the principles of sound poll
cy but also of the constitution itself. Against this
conclusion must now and forever prote st, as il
is destructive of the safety and Liberties Of those
whose rights have been committed to our care, ia
tai to the peace and equality of the States which
we represent, and must lead if persisted to the
ofthe confederacy. in which the slave
holding States have never sought more than equal
ity, and in which they will not be content to re-
maj" with less I. n u. MIN =: nSSrER Virginia.
A. p. BUTLER . r,
RIB. BARNWELI, S'C"Fo'na' ,
II. l.. TURNEY. Tennessee.
jEFFERsoN DAVIS. Mss
DAVID r. ATCHsSON, Mo. |
ID. l.. YULEE, i'''"a' .
Senate Chamber Aug. II, 1850.
Hon. JOHN NJ. CLAYroN.-In recent !
number of the National Intellgencer we :
find the following article relative TO this t
distinguished statesman. We transfer it 6
most readl y to our columns:
We learn that on Saturday Mr. CLAYTON, ,
Secretary Of State under General Tay lor,
left this city for his home in Delaware
Before his departure he called personally 7
on all the gentlemen in the State Depart c
nent, and rendered them his thanks for ,
he fidelity with which they had dis a