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


sembaDce Of vitality until that force and vitality given
10 il by your enactment The report hich accompanies
his bill admits thai that people ia constitute State
hat ihes aIe subject 10 The oIing power oil Con
,r4ss that their valid invalid Just a. we
,lease to make them and now must 90 home to the
people represent who have declared IN common with ell
he people of The southern States that they will sub
nil 10 this legislative inhibition 81 slavery IN te Terrific
es and must tell them that Congress has not Imposed
his inhbillon.ihs Congress nas caub at-ainea ron
.nacng the Wilmot Proviso-but II Is the people OF
who have done IT, and your own doctrine mas
been that the people OF the Territories when they come
o form State. have the right 10 determine ior them
selves the OF Their Institutions Sr, could not
look the people whom have Tue honor 10 Gepeseht 10
The face and say that this PIovso has been imposed by
the people OF California. Who constitute The people
within The sphere Of the operation OF tina, provision Tor
which we have heretofore contendedf An unorkanxed
body, OF rather unofgsnzed as-enbiase OF ndivd'
uals has mel upon tie pubAc land, violation Of the
law existing the statute books, and assumed 10 them
re yes ihe ny ht prescribe the coanTy
where vast majority did moi foot OF soil and
had no domcil. but while retained their donlcs IN
their States Sic act IL obviously an act VITA
Out force without lie II has effect But the Con
Vess OF the United States, the exercise OF their right
10 admit new States, nave admitted Stale OF California
with this nhibton OF slavery This, iheiL VIII DC
simple nquI, Ia what consists the difference between
The imposition n the Wilmo Pioviso upon territory
by the direct action Of Congress aud the allowance o the
imposition BY people assuming 70 form STATE winch
imposition OF that Proviso could have no 'oice OF eject
without this action of Congress! The people are en-
lirey too intelligent to be deluded by such sophstry
They will feel and they have right to ee M tue exer.
else OF those faculties which God has gwen em lbat
there is no dstnclon-none but that which Is All anr0nt
to their ineiigeucen the direct imposition OF Inc VIII
Proyiso by the legislation OF Congress and IN TINS
indirect imposition OF b, unogahzed ana unau'hor-
lied body OF people !,
| desire, sir. to see this amendment prevail be.
lieve thai il is in the power OF Congress, the rep
resenta yes OF the propretors Of the SOL OF Caif0r
na 10 say to her, You may come into the Union with
this that limit, az we choose to pre-cf'ne u not,
What the proposition TO be contended for the Con.
gress of the United States. when II s about to admits
State out OF territory which belong to the peoples OF the
United Sates whose representatives that Congress s mas
no, the rghtto prescribe limits who has Inc people OF
California; It'll admitted have right but that which you
ing retroactive operation. Welt then # the right Of
the people OF California TO establish the limits OF 'nelr
State is 10 be derived from the authority which you can
give hem then you have that right or else you cannot
give the authority which you contend you possess 10
This proposition that i e % doubled u ": can a.
State which fey to constitute, in the exercise OF
the authority which possess and Il we can delegate
that authority ourselves There can
apprehend be no doubt that it is in tue pow
e Of the Congress of the United States admit Caltor
MIA co Instant, and with such limits Congress may
then is what is to be the effect of such admission.
coupled with the excelsior of the second section Of
the bill 1t will be this You will abstain IRON deci'
ding BIZ this of Legislation the rights OF senators
or take their seats in the respective
branches OF the Legislature; you will relieve those Of
who believe that this provision il unconsifutIonai
from the necessity of voting against The bill can vote
for the bill with the limits OF California restricted and
with the second section expunged. can, under these
vote io me passage OF !ne on' wHSu.
then? Are the senators and representatives placed IN
condition in which they deprived oil their rights
No. sir. When California admitted az State sena-
tors present themselves before this chamber and claim
the rights consequent upon that admission, and then ~
the exercise OF constitutional powers, we Judge OF
their claim those seats Then IT regards represent
aves they like make their appeal 10 the pop.
ular branch of the national legislature armed with slml
lar powers decide upon the election return, and Qual-
,t thar ann 1horn pf1n IN
relieve thus bill incumbrance which weighs
down, the Judgment OF several senators on this hoor
BY inserting this clause restricting these ooundar'es am
relieved from difficulties which indispensable. and the
rights OF the parties to be decided by the appf0
pirate tribunals recognised by senators on this hoor
this bill by the senator from Alabama, briefly express
these views. trust the amendment may prevail snail
gladly be relieved from the that presse:
upon me Al any shall have the consciousness OF
having discharged the duty which owe. in the effort
which have made for its adoption Wheo this bill shell
before the Senate on the question tor It's engros
ment, shall claim the privilege OF stating, at least iof
the benefit of my constituents, the grounds upon which
| have give the vote which intend to give -
Mr.. CLAY. My connexion with this subject imposes
gladly sir have no, been placed in the position in which
ind ii necessary to make some response 10 the agu-
OF the senator who has addressed US this morning.
Mr.. KIEG.1 believe that mortal man has ever be-
lore any deberaye body been placed IN such POSI-
ton have been in c0nnex,on with this subject,
throughout its entire Proxress SIR. am p o.s 70 ae
tered from the open enemies OF this BILL those which
have arisen from gentlemen disposed to be friendly, are
the greatest With the exception OF three or Our eena
TORS members oil the committee who have kindly stepped
forw ard 10 sustain and the II has met
with very little aid, very little countenance from any slde
OF the house, whether that side lnImca disposed
to favor II.
The senator from Alabama. Mr. kINo, this morning.
in a manner perfectly cool, calm and deliberate, an
nounced his desire vote for the except iof
rtan difficulties and his readiness TO do if these dit
hcutes could be obviated. Now, beg the earnest at
enlon OF the senator what have say about these
difficulties OF which he has spoken.
In the first place, must commence by admitting a. IN
the power Of Congress to reject the adm's
rtory, without organization form Of State-to reject
her whole in parto remit the senators and repre-
sentalves who have been depued to this Congress IRON
California entirely, not, Congress may think proper
10 do The power to do not in conestt has never
been contested. .
And now allow 10 proceed TO the question with
which the from Alabama sarts and which ere
ates the difficulty in his mind. That question. ! putt
to his candor not question Of Power-is not consl
gives Congress- the power to admit States
and the power IL penaSy. full, unrestricted, uncondl-
lona II to be exercised II 10 true in the application
any given for admission State into the Union,
by sound discretion, by the application OF all the wisdom
and prudence, and judgment which Congress can apply
the subject; but there limitation upon the power
admit State into the Union.
And whilst upon this part sf the subject, beg leave
reply TO the argument urged by the honorable senator
from South Carolina. Mr. BuTLrR He seemed TO sup.
pose that il constitutional prerequisite that mere
should be formed a territorial government No sucn
hing The existence OF the requirement of a territorial
government, preceding the admission Of state in,o