Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

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did not intend to sude the Senator from Georgia. because
he and discussed the precise point and understood him
take the opposite ground.
Mr. BERRlEN wish merely to say for self protection,
that when urged restrictions upon the limits Of California,
with the entire conviction in my own mind that if the
limits were restricted the constitution presented here would
not be the constitution Of the people Of California then
constituted and We should certainly be Obliged refer the
instrument back to the people for their action upon it,
Mr.. MASON. do not know to what opinion, OF to what
Senator, the Senator from Mississippi alluded, but one
of those who felt DESIRE and frequently expressed
in debate 70 limit the boundaries of California the paa
lei OF go so and never went further, after having done
that than TO declare my willingness allow California be
admitted after Its boundaries had been restricted upon the
proclamation OF the President in order avoid unnecessary
M. FooTE did no, intend 10 rsfsr 10 the Senator
from Virginia Tor have understood that he utterly op
posed to the admission Of California under any
whatsoever Mr. Mason shook his head in dissent Ger
tainy however, his mistake enough, nasmuch
as alluded to the leading and influential gentlemen who OPP
posed the admission NATURAL therefore, that in himself
be should recognise one of those persons to whom al
luded.
Mr.. MASON. can assure the Senator from Mississippi
that so far from looking upon myself individual Of any
great influence, it has been matter Of deep regret with me-
since have bad seat here was not entitled to more
influence than have been able to exercise have never OBJ
uded myself upon the Senate except when thought the
casion impeavey required it in the solemn discharge
duty The Senator is also mistaken in ascribing to me an
opinion adverse the admission Of California any grounds
and if he had listened doubt not he did as matter Of
courtes TO my remarks when addressed the Senate the
admission Of california, he would have known that
pressed myself ready far could, harmonic the diff
fcuies which had arisen the acquisition of this territory,
in any way could, with proper regard to my constitu
tional obligations and that was willing from devotion to
the Union, to agree in order avoid delay admit Cali
fonia on the proclamation Of the President if her constu
should be returned to her for the proper action upon
Mr.. CLAY. Prior to yesterday, California State
de aco out of the Union. Upon the appreciation of the
nf fhoh far haze Iunao
the Union she became and is Of the States Of
the Union having equal and all the privileges which belong
to any State in the Union. Among those privileges is that
Of being represented this floor by two Senator'S She has
presented through her Senators the regular credentials their
election, and she has the privileges Kentucky,
New York. any other State do upon what ground
we treat her differently make any reference Of those
credentials not made in the Of any other State we
do then she does ia all respects whatsoever stand that
equal footing which the constitution has prescribed.
Mr. DAVIS, Of Mississippi. do not consider that Cali
forna State out Of the Union but that it Terri
tory the United Stas-tertoy obtained by conquest and
purchase-over which the United States had full authority
and which Congress failed exercise that authority
from considerations, believe, dscredable to the Govern
ment itself this failure Of the Government take
charge Of this Territory which constituted the best argument
for the action Of the people of California themselves Cali
fonia became State by the action Of Congress- and the
ton the President approving the bill which Congress passed;
and she not State before that action had The
constitution provides that Senators shall be elected by
gsaure Of State, and, if there State there could be
no Legislature Of State do propose to into
gumen upon this Subject and only moved the reference
committee which hough might best judge Of constitu
tonal question, and do not believe that the committee
would have detained than two days. seek
for delay wish the question fairly presented and took
this mode of reaching it. Of those who opposed the
admission of Csina-who sought to restrict its bounda
ries but not of those who time prepared
enter into compact to admit her with reduced boundaries
considered the defect in the whole proceeding be nheren
and radical and beyond any reduction Of the boundaries
am of those who stand here instructed by my State Legis
ature to resist the admission of California by all honorable
and constitutional means. This is taken incident
State existence prior the admission Of California and hi
the ground taken by the Senator from Kentucky IT. then
am under instructions to all honorable and constitutions
means to resist the admission of California State
also necessarily instructed oppose every thing which is
incident to the assertion Of State existence prior to actor
for admission.
did not wish to be drawn into any remarks this subject
and personal considerations rendered very reluctant TO
did wish to consume the time Of the Senate by de
bate. Whatever views have entertained this subec
have been heretofore expressed, and have merely sough
now TO refer the question to that committee to whom we hav
supposed might entru the examination of questions
constitutional law.
Mr.. DOUGLAS. desire to only one Of the ground
upon which base this proceeding. California has been ad
mitted into the Union State and, by the act Of adms
son she becomes State from the day Of the date Of her
situon. The principle Of relation, known the law ap
plying 10 II, when the act is consummated becomes vat
act from the beginning Il upon that principle and tina
ONLY that the Michigan Senators were enabled take th
seats here It upon that principle and that only tina
the Senators from Indiana first elected enabled to take
their seats here And upon that principle, and that only
that the two gentlemen representing Texas this floor
eligible they not having been for nine years citizens
Of the United States at the time Of their election But when
annexed Texas the Union by the principle Of relation,
they having been nine years citizens Of Texas they thereby
became for nine years citizens the United States
this principle Of relating back that the defects the
Of Texas of Indiana and Of Michigan remeded; and
in this case California being State now, she State
from the time she adopted her constitutions She has had
Legislature from that time and all the acts Of that Legislature
from that time relate back, and become valid from the time Of
their adoption. These the grounds upon which place
my vote, and upon which suppose these gentlemen will be
sworn in.
i Mr. FOOTE Twas instructed also to vote against the
admission of California, and have done so and complied
with my instructions and obeyed them to the letter.
not instructed after the admission had taken place. to OPP
pose the admission Senators elect upon the floor Of the
Senate and therefore present such opposition. And
am free 10 say that would have been exceedingly dageea
BILE to me, duty impossible for conscientiousy
perform, obey such instructions if had received them
for according to my Judgment it would be act improper
in ITSELF extremely improper with my views Of constitutional
duty to oppose the admission this floor Of Senators from
sovereign State Of the Union, recognised and already ad
not matter upon which conceived could hesitate de-
lay, and hence and first objected to the proposed
ference
j Mr. BUTLER. Perhaps it is proper as am on the
committee which it proposed to refer this NATTER that
should make single remark My opinion, far regards
the faculty the power Of the people Of California
themselves into State, well KNOWN and in regard this
body of men, said TO be legislature, do believe
that they have the faculty Of being Legislature. They