The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-15
THIRTY-FIRST CONGRESS
FIRST SESSION.
WEDNESDAY,, August Il, 1850.

WEDNESDAY,, August IA, 1850.
SENATE.
Petitions were presented by Messrs. CAss, Downs,
WISTHRor, HALE, NoRRIs, and BADGER.
wAsHiseroS CITY POST OFFICE.
MIR. RUSK presented the petition of William A.
Bradley and others, praying certain repairs IN the
Washington city post Office
THE TARIFF.
Mr.. COOPER presented the petitions of sundry
citizens of Pennsylvania, praying a modification oil
the tariff of 1916.
PROTEST AGAINST THE PASSAGE OF THE CALL
FoRSIA BILL.
Mr. HUNTER said that he rose TO ask leave TO
submit motion, which he well knew he haa no
ri ght to demand, but which he desired to ask OF the
courtesy of the Senate. Ii was that pro'es !,
signed by ten Senators, against the passage OF the
bill to admit California be received read ana spread
upon the Journal
Mr.. HALE asked that the paper might be read.
The paper was read by the SECRETARY, as iol-
lows
We the undersigned Senators, deeply impressed
with the importance of the occasion ana win sol
emn sense of the responsibility under which We are
acting, respectfully submit the following Pfo'es'
against the bill admitting California as state mo
this Union, and requestth II may be entered upon
the Journal Of the Senate. We feel that II Is nor
enough TO have resisted in debate alone DllI 50
fraught with mischief TO the Union and the States
which represent with all the resources OF aISu-
which we possessed, Dul tuat II 10 aieo uuc w
ourselves the people whose interests have oeen en-
trusted TO our care, and TO posteriy, which even IN
its most distant generations may icel It's conse,
ouences, 10 leave, in whatever form may be most
solemn and enduring, memorial oil the opposi'on
which we have made 10 this measure, and OF the
reasons by which have been governed. pom the
pages of journal which the Constitution requires
10 be kept long the Senate may have an exist
ence, desire to place the reasons, upon which We
are willing to be judged by generations living and
yet to come, for opposition TO bill whose CON
sequences may be durable and portentous as to
make it an object of deep interest 10 all who may
come after U.S.
We have dissented from this bill because il gives
the sanction of law and thus imparts validity to
the unauthorized action OF portion OF the lnhap'
itants of California by which an odl9us f
slaveholdpg States of the Union, who are thus de
prived of that position of equality which the Con
stituion manifesty designs, and which consti-
tutes the only sure and stable foundation on which
this Union can repose.
Because the right of the slaveholding States to n
common and equal enjoyment OF the territory OF
the Union has been defeated by system OF mea-
which, without the authority OF precedent, oil
law or of the Constitution, were maniestly con.
trivcd for that purpose, and which Congress must
sanction and adopt should this bill become law.
In sanctionng this system OF measures, this Gov
eminent Will admit that the inhabitants OF us ter
ritories, whether permanent or transient, whether
lawfully unlawfuly occupying the same may
form State without the previous authority OF Law,
without even the partial security OF
ganization formed by Congress, without any legal
other efficient evidence OF their possessing
the number of citizens necessary to authorize the
representation which they may claim, and without
any OF those safeguards about the ballot which
can only be provided by law and which are neces-
sary ascertain the true sense OF people. IL Will
admit, too that Congress having refused to provide
government, except upon the condltlon OF e1clud-
ing sla, cry by law, the Executive branch OF this
Government may, at its own discretion, invite such
inhabitants to meet in convention, under such rules
IT or It's agents may prescribe and 10 form con
stltutlon affecting not only their own nights but
those alec of fifteen States OF the Coniederacy, by
including territory with the purpose of excluding
those States from Its enjoyment and without re-
gard 10 the natural fitness of boundary any of
the considerations which should properly determine
the limits of State. Ii will also admit that the
convention, thus called into existence by the Ex-
ecutive may be paid by him out of the funds OF the
United States without the sanction of Congress- IN vi
olaton not only Of the plain provisions OF the Const
tuition, but Of those principles OF obvious proprlety
which would forbid any act calculated to make
that convention dependent upon II; and last, but
not least in the series of measures which this Gov
eminent must adopt and sanction in passing this
bill, is the release OF the authority OF the United
States by the Executive alone 10 a government
thus formed, and not presenting even sufficient
evidence of Its having the assent OF majority OF
the people for whom it was designed With view
Of all these considerations, the undersigned arc
constrained TO believe that this Government could
never be brought to admit State presenting itseli
under such circumstances, If II were not for the
purpose of excluding the people Of the saveholding
States from all opportunity Of settling with their
property in that Territory.
Because to vote for bal passed under such cir
cumstances would be 10 agree 10 a principle which
may exclude forever hereafter, il docs now, the
States which We represent from all enjoyment Of
the common territory Of the Union; principle
which destroys the equal rights Of their constiiu
ents the equality Of their States IN the Conederacy,
the equal dignity Of those whom they represent az
rnen and Ia the the la and their
equal title to the protection Of the Government
aud the Constitution
Because all the propositions have been rejected
which have been made TO obtain either a recOgni-
ton of the right Of the slayeholding States 20 a
common enjoyment Of all the territory Of tho Uni
ted States 10 fair division Of that territory be-
tween the slavcholding and sayehOlding States
Of the Union; every effort having Jailed which has
been made to obtain fair division Of the territory
proposed 20 be brought in the State Of California
But, lastly we dissent from this BILL and sOlcmnly
protest against its passage because, IN sanctoning
measures - contrary 10 iOrmer precedent, 10 Oby-
Gus policy, 70 the spirit and intent Of the Consu
ton Of the United States for the purpose Of e1clud
ing the slayehodng States from the territory thus
10 be erected into State, this government IN effect
declares that the exclusion Of slavery from the ter
ritory Of the United States Il object % high
and important 10 justify disregard, not only
Of all the principles Of sound policy, bot also Of the
Constitution itsslf Against this conclusion We
must now and Forever protest, as II - destructive Of
the safety and liberties Oi those whose right have
been committed 10 our carc-fatal 20 the peace and
equality Of the States which we represent and
must lead, II persisted in 10 tho dissolution Of that
ConfcderAcy In which the slsyeholding States have
sought more than equality, and In which
they will not be content 20 remain with less.
j. NJ. MASON,
n. NJ. T. HUNTER, Virginia.
A. p. BUTLER,
". y. BARNWELL, South Carolina
~. J.. TURNEY, Tennessee.
PIERRE SOULE, louisiana.
JEFFERSON DAVIS. Mississippi
DAVID r. ATCHlsON, Missouri.
JACKSON MORTON,
ID. l.. YULEE, Florida.
SrrArG CHAsBER, 18Th August, 1850.
Mr. DAVIS, Of Massachusetts,, asked what Oh,
question before the Senate was,
The PRESIDENT said that the question Or
the motion ., receive the paper and have u entered
on the Journal.
dr. DAVIS, Of Massachusetts,, said that there
nothing IN the Constitution which authorize,
such proceeding. There was no precedent for II
At the time when the cHpunging resolution Wal
under consideration, and was passcd, he and hi
oil ufN tod in a fr.t