Weekly national intelligencer., 1850-08-17
] DEBATE EE IN THE SENATE.

DEBATE IN THE SENATE.
ADMISSION OF CALIFORNIA.
MONDAY, AUGUST IL, 1850.
The bill or the admission of California being under con-
sdsraon. and the pending question being the amendment
heretofore offered by Mr. TuRSEr- hs g'
Mr. SOULE. When on last Saturday. the Senate agreed
to postpone the consideration this and 70 into Exc
cutive session, about what ground intended
to occupy with respect to the amendment upon your table
II precisely the ground which stood upon when offered
myself this amendment substitute for much Of the de-
funct compromise related to California. then maintain
ed and now re-asss many incontovertibe truths
First that the useful well the eminent domain s an at
tribute and munment Of sovereignty that passes with
whenever the sovereignty is transferred to sovereignty
unless It be restrained by express reservation and that
cannot be so retained by any stipulation to which the new so
veregn is not apa, he by means be bound by It,
Secondly, that any bill admitting prOri State into the
Union places the public domain beyond the reach and control
Of the federal authority, aud puts its future disposal at the
mercy OF the new State leaves optional with her to
assent to repudate whatever restriction il inserted in in
the guise Of condition otherwise Thirdly that such con-
dion Of effect and validity the State thus admit
ted party to IT, and she could have knowledge
Of its existence until she had become integral part Of the
Union, and sovereign in the highest gnifcation Of the
And fourhly, that Congress- by requiring invariably
from every State which admitted into the Union
either conform her constitution the articles of compact
which, in the ordinance Of 1857 made specific reservation
of the domain for specific purposes or to execute act Of
lnqushment OF all right and preenson to interfere with the
primary disposal of the domain has acknowledged and
toned the doctrine that without such reservation such
reEnguishmeat, the domain would pass to the State.
Now, Mr.. President it viii be remembered how utterly the
honorable Senator from Illinois, (Mr DoUsLAs) sustaned
though be was by the powerful and mighty hand Of the dis
tingushed Senator from Massachusetts, (Mr. WEBsrEH.
longer member Of this body, failed in his attempt to
throw the platform which had erected My argument
msined unanswered and truly sir is unanswerabe.
Were short Of evidence show the lacy Of the suber
ge by which evaded, might dwc with some degree
compacency upon the amendment made to this bill by the
Senator himself and invoke its terms in condemnation Of the
course Of reasoning with which be attempted turn off the
difficulty and shelter his scuples and scupes Of his
coadjotors. The amendment reads as follows:
BE further enacted That said State Of California is ad-
med into the Union upon the express condition that the
people the said State through their Legislature otherwise
shall interfere with the primary disposal Of the public
h & ~ to sod he
pose Of the same shall be impaired or questioned"
Now, I would like to know whether not the dstn-
guhed Senator M DoUeLAs) places such absolute
lance upon saving virtue Of his amendment feel per-
ecy against the danger of California interfering
with the disposal Of ha public domain If recolect Alright
what he said former OCCASION he assumed that the
domain being of the United Sate could not pass to Cali
nia unless expressly transferred her, If that
sumption the amendment by the Senator is nuga
tory. But, sir, the usually serious, grave. and weghy
bearing Of the Senator to exclude the possibility that he
would thus knowingly have INDUCED in thing shallow
and unmesning. Why, then, did be his amendment
motion. He could not have wished you to entertain had
be considered that might operate protection and
shield against oil possible attempts the part of California
to interfere with the public domain.
The amendment therefore, obviously grants that the domain
might DANGER if secured by the reservation which
spulaes. But insist that the amendment is mpotent to
effect that which attempts to accomplish What was there
in the bill that could peril the domsin except that California
intn wi its
previously secured from passing with the sovereignty which
the first section transfers. United States to her Why
did the anxiety with which the pressed its passage
betray vague apprehension, not latent CONSEQUENCES
that unless the domain protected by Legislative
echnicsty it would be gone, and gone forever Sir
may figure Of language which has Of late become Of
much fashion here there must be mysterious sore concealed
under the forms Of this bill that is thus provided with sort
of healing nostrum Yes sir the s there, it no
longer be disguised But the nostrum will not it. What
signify your cypress conditions long they not as
send TO by the party upon whom they are imPosed
be al his entire mercy and will you not have given up
yourselves all pretence complain if they should not be
Piled with California will have been admitted State
the Union, and she will treat they well deserve to be
treated whatever restrictions you may saddle her with
Knowing her rights she will not fail to avail herself OF them
But suppose it o,herwise suppose California should
abide by the conditions you prescribe to her-what then
You have only protected the public lands. But the mines
Have you secured any the least particle Of I'M
bedded in their bowels You have And yet you could
be unndfu of the importance Of that part Of the public
domain absolutely ignorant Of the condition in which 1t
had been left by the laws Of Mexcowhose authority, in the
opinion of your abest counseos and most famed uriscon
Suits be paramount that Of the constitution itself The
mnes therefore, also surrendered What you,
vded they pass the North and thus not only shall the
South have provide for her full proportion Of the purchase
money Of California without being permitted to approach its
borders with her property, but she shall not be allowed to
derive the least compensation from those channels through
which the domain usually flows into the Treasury, and from
thence into the peoples pocket Such will be the operation
Of this bill far the public domain Is concerned will
expand my remarks upon this point any further have
former occasion dwelt so long upon that deem any
further comments altogether unnecessary a 4a
The amendment Of the Senator from Tennessee proposes
further restrict the southern limits Of California to 36 3O
Mr.. President is necessary that should call your sen
ton to the fact that few days ago, in this very chamber
boundaries Of California vastly too extensivel was
hayagant and impoitic. have yet the Senator
who could get up after such admission and what
ground he pedcsted the immediate admission of this State
whose into the Union with her present limits and
constitution threatens seriously shake its very founda
ons the whole Government She has utterly disegarded
the bounds which the mighty hand Of God has set to her
sdction She claims Of territory far beyond the alo
that made any Of the States that were
carved of territory belonging to the United States II
lays the foundation of empire which will either subvert all
balance Of power n the councils Of the naon set ct def
ance your authority those which will hereafter
mand the of the East Yet sir they insisted
on! We have the power in hands to correct the evil
and the majority is unwilling to set itself to work and TO
satisfy such moderate exgences What be the object
The great object to exclude the Southern States from all