The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-25

81 the constitution 70 Be respectfully as
sn authoritative decision 10 be submissyey obeyed
The consideration which il Is entitled has seemed
me 10 be diminished by the fact, that decided by
party vote, in moment Of considerable excitement. on
the eve OF presidential election There were consider
atoms also in hs Of Michigan strongly urging her
lied Territory Of the United States. had 40 ample popu
lston, bad repeatedly applied for admission. and had
sS ought y long before 10 have adjusted 80
We are free, then. as apprehend, to consider this
question unembarrassed by that precedent Nay We are
bound 10 consider IT, unless we are prepared 10 admit
thai an act OF Congress protesting interpret the consi
tuition is of higher obligation than the plain provisions OF
the constitution which j nteprets. do not know that
state this proposition in terms more simple, and at
the time Of greater strength than those which find
in the report OF the proceedings the Michigan BILL as
stated BY one Of the honorable senators from Massachu
sets:
State legislature without SIafs, and no anaors without
kgi.asrs There can be Representatives unless elected
the branch lis legislature How, then,
the egsat~s 81 Territory make snato OF ihe people
supersede the constitution Can we make a law that
Wisconsin when TSmto3 'hs have
orbds i i they elect them aud send them here can we
poses to do? Michigan is admitted TO be only Tsvttory
II seems to nae that the proposition cannot be
picy stated But is said that these are Irregularities
which may be by the action Of Congress- in
the admission OF State into the Union. Now, sir, the
want Of census ascertaning the number of inhabi-
ants, and the absence OF previous authority to do
certain acts preliminary to the creation Of State. may
the constitution cannot be dispensed with BY the action
Of Congress- either anteccdent subsequent The con-
stituton is the organic lawhe supreme law The egs-
lation Of Congress operates sub g,auio ege under lat
weightier law which cannot control Your legislation,
whether antecedent or subsequent, cannot change the
condition Of things existing when an act is done which
the constitution required to exist at the time when was
done. Your statute operates prospectiUey You admit
California TO be State, and she becomes State from the
date Of the act but i does not retrospect This principle
OF law is recognised by all the law writers. Chancellor
Kent says Il cannot be admitted that statute shall by
any fiction Or relation have any effect before was actu
ally passed Remedial statutes, which 60 70 confirm
statute to confirm marriages effectively celebrated. or
sale OF lands effectively made or acknowledged. are
exceptions but the cannot be extended beyond
the circumstances which they repose, without putting
~ jeopardy the energy and safety OF the general prnc
The case Of the principal acknowledging and giving
dity to the unauthorized act Of his agents considered
applicable to the present. TO ratify by the pas
sing Of this bill the previously 9nsnIhorzed act Of the
BIZ the principal and the people of California the agent
But it is TO be remembered that they did not assume to
act under the authority Of the United States but in
the alleged neglect OF the United States had devolved
upon them. You may adopt an act done in defiance Of
your authority but then i becomes valid only by your
adoption, by which i becomes your act ~ 70 pc re-
mebered also that this is act Of Legislation, and that
Congress has not the dispensing power which enables
principal dispenses only with his In this case Con-
gess would dispense with the requirements OF the con.
stuton which are beyond its power iisyet further TO
be remembered that this is not remedial statute and
that there existing rghto the people OF California
upon which could operate for surely they had no right
nudng as they Were on the public domain 70 establish
government the property oil another The effect OF
this act would not be remedial OF existing right 1t
would actually confer right which did not at the time
exist b
But in whose behalf is il that we are asked u exercise
these extraordinary powrrsi We said TO be under
obligation to do this because bound BY treaty to
give government 10 the people OF Mexico whose ale
glance was transferred from that republic to u.s. Sir,
agree treaty obligations in their fullest extent and
personally have endeavored though unsuccessfuly to
Of MsrcO, Are they oAo kavs s only real damn under
hs freafyare they the actors the claim which il now
peferedi Is il al their instance that this proceeding has
taken place Is by their ACT and for their benefit that
this government has been formed
Why, sir, look at the proceedings OF the convention,
and you will find the converse distinctly stated Here is
the view taken of this question, BY member ofthat con-
vention. He said:
''It for the native Californians making
this constitution FOR the great American population,
Subsequently the gentleman saids :" He had been
very much misunderstood on this point What he said
WA. o e A@seaa poeuaou whyi Became the
American population the majority IL was for the pro-
situted for the proiec.on Of ninore. The constitution
was TO be formed with view TO the protection OF the mt
muni,y is the party be governed the restrictions OF law
between them and the weaker party They
are 70 be restrained from Infringing on the rights OF the mi
norty."
1t very certain them the convention Of California be-
ing themselves the witnesses this that the gov
eminent which called upon to recognise, was
not formed by al the instance of the native CalIfor
mans, who alone have any claims upon us, under
treaty with Mexico. II | understand the matter,
the whole affair has originated with and been conducted by
American citizenstheir intention, expressed IN the
convention being to nterpose between this government
and their treaty obligations, and TO furnish government
for the native CaorniaDs, which the United States had
neglected 10 do.
II must be obvious then, that when we are asked to
take this State into the Union the condition in
which she presents herself, the ground OF oar treaty
obligations, the plea is urged by those who, by their
own declarations in convention have deprived them
slipulations in behalf OF the native Caifornians.
But. sir. what is the legitimate consequences OF the
failure Of CONGRESS 10 establish territorial government
within the Territories acquired from Mexico III gave
rights, you please to all those who legitlmaley
occupying these Territories that is 10 say, 10 the ma
tive Cafonans. and those who had acquired title under
them; and the rest OF these occupants tres
upon your statute books Is Of no force or effect What
rights did Il give to heml You may, II you will,
overlook the trerpass, which you had no power to
prevent; but you not yet low as 10 be obliged
to acknowledge the right OF those who have CON-
mited il to divest you at OF jurisdiction
the domain which has been the oil their trespass
and this is the claim which is presented The utmost
was to form provisional government competent TO the
protection OF person and property. AZ was done in
Oregon II does not 90 beyond that for right spnging
from necessity Is limited BY IT, provisional govern
ment would have afforded the projection which Con-
gess had neglected TO give and that therefore, the