The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-20

es. shs can do H. California viii excel her in the amour,
o nsI n;lsi. toIas Of eghdsg men Thee All. 10, me
from Alabsns I'M Kissl coe6nss i.ssf altogether .
ne dlsc!suoa 1nd Of Congress which doc: DO,
either section Of the Union W. run from sxps
dency into constitutional questions, and from consu-
anS aSS h s SsS :Sos !. e., .a:
admiaaion Of California. admitted xs 40 no; cYe Il.
any State contend that the power exists upon the mari
Of Congress- by successive acts OF its authority 10 create
State contend that in admitting her. admi, her
upon the sole condition that her constitution should be
republican in its character. contend we ire
sl,onsble for any other provision in her constitution
Just irresponsible we should be it Indiana WAS To-
introduce slavery into her limits We should
Indiana although il might be contended as u IL now
contended that when you admitted Indiana 10 become a
State Indiana became invested with the power TO admit
slaves Indiana did admit slaves, and therefore you ad
nit slaves That the sort OF argument we have heard
upon the subject because exercised the constitutional
power which we had. The argument is that we exsr-
cised il upon case upon which we have no authority
whatever to exercise ii. Sir, have done.
Mr.. BERRlEN. Mr.. President, let me answer the
inquiry, upon what authority have said the friends OF
this bill consider this as the only measure BY which
peace and harmony DO restored 10 the country be-
gin by saying, sir that have not said that have said
that the friends of this bill have persuaded themselves to
believe that this plan s better calculated than anything
peace and harmony to the country because Is
likely to conciliae the number OF votes necessary
to make law II had suggested that they considered
this as the only means by which peace and harmony
could be restored TO the country, might perhaps have
found in the fact that with regard 70 oil Of these
amendments which have not been considered immaera
by the friends OF the bill they have uniformly opposed
them they have required that the bill should he main
tanned in the actual form in which il was reported and
there is but conclusion to be deduced from the uni
fOTmy and that is they believe that 10 be the only plan
by which the benevolent objects they seek to accomplish
be attained That is the authority upon which have
made this declaration.
Now sir, with respect to one Of The amendments upon
which the senator has made comnentary-the amend
submitted by myself beg 10 say to the honorable
and the Senate that may act undsrstandngIy
upon the subject that that amendment is not 80 unmpor
ant the honorable senator represents BY the bill as
reported there power given to the territorial egsla
ure egslate upon all rghtul objects of legislation,
with the exception of African slavery. What would
have been the consequences OF that it stood
Why, sir, il the right OF southern men 70 carry their
decision there would have remained no power in the
legislature have passed laws for the protection of prop
erty which would have thus been udcay determined
be rghtfu, because such laws would have respected
prohibition of laws establishing Or prohibiting slavery
leaves the territorial legislature The power if should be
determined that slavery rghtfuly exists there. to pass
such laws may be necessary for its protection trust
the amendment stands vndCaed from the charge OF I'M
materially that has been made against it.
But it is asked sir, il Congress cannot create State
how is it that they have repeatedly admitted new
States created out OF the Territories OF the Union The
inquiry is, Whether the act authorizing the creation OF
the State not the creation of State BY Congress!
answer, No. 1t is the REIMBURSEMENT OF the jurisdiction
by Congress the Territory to the people who
the legitimate occupants OF the land aud under the re-
nqushment of this jurisdiction by Congress- they are
armed with the rights Of self government and author
further
fro BE coNrINUsD]