The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-17


the word usupation Ia its strict legal sense and
woad not wish 10 be understood as referring any of
the parties concerned, or to California; with any feelings
q hostility. or with any purpose TO throw iaciious OBJ
But, Mr. President il the act Of forming government
u wnon, me consent q
OF territorial government. is not usurpation, have
read the constitution ia vain, and do not understand It's
import Tins power IN the constitution IS expressed IN
very few words
.New States may be admitted by the Congress into this
Union; bst States shall be formed erected within
the jurisdiction o. any other Stale nor any Stale DC omed
by The junction Of two o. more States or parts OF States
cerncd. as well as Of the Congress"
There is not word in the constitution with regard 10
the time when Congress shall give her consent whether
before o. after The consent given here evidently y
give for the erection oil State anywhere
By way Of illustration Of the proposition have rather
Will make superstition; Suppose Georgia--and speak
Of that State By way Of illustration, as she is one Of the
largest Of the States q the divide her State
into East and West Georgia, and al the session Of
Congress should send here two additional senators and
three four additional representatives and ask be adj
mitted into this Union because she had exercised the
psashas great inherent knock s at our
door and state that policy required that we should admit
that State formed within her limits into this Union What
done the act BY usurpaon, by palpabe violation OF
the constitution which requires the consent Of Congress"
Ah"th consent Of Congress But cannot the consent
given antecedenilys Why, sir. admit that would be
perfectly competent for Congress to waive the objection
sna s ns a. a
might waive all objection 10 these States coming into the
Union, by adopting the act Of usurpaton. That is not
unusual principle in legal proceedings In the OF the
Mexican treaty after the power Of the agent or the am.
had formed treaty palpabe violation Of his insuc-
contemplation we adopted his act and made our own
bold that no people have right to form themselves
into State without The consent OF Congress expressly
or by implication given. say that il is usurpation OF
the power OF Congress over this subject That has been
my proposition, and the proposition intend to maintain
But, before doing that, will go somewhat into
deta 10 show that California has assumed her present
position towards the federal government in violation OF
al the securities Of the securities of usage
There is nothing like in the history Of the Territories
OF States OF the Union-nothing like Il.
In the first place. the people OF California by their con-
ysnton have appropriated not only Territory 70 them
having consulted Congress one way or another Is there
any such instance be found in the history Of any
tOral government any State government in the Uni-
led States challenge gentlemen to find parallel or
precedent of the kind Now, let not be told that this
thing Of boundary is matter of no essential consequences
The boundary! Why, the boundaries OF Common
wealth, sir Of all Others high political sense, mat
tiers of pubiici juris-matters with which Congress
should deal for they such affect deeply the great
interest of other communities And when any people
undertake to assign boundaries to themseves-to assign
to themselves six hundred miles, up and down upon the
Pacific coast. without having consulted those who are
the proprietors, far there any public domain
without having consulted those who had vested in them
the sovereign dominion the sovereign jurisdiction
the country coded by the treatyit is taking very i'm
portant privilege from Congress- and arrogatng them
selves power at war with the interests and rights OF
other communities
Sir ask the question: as have right TO ask il,
phatcally. have the people Of California conformsd to
the obligations OF the treaty with Mexico. 80 lar
as regards the qualifications Of voters Who voted
Who are these Twelve thirteen thousand voters
Were they free white menu Were they Mexicans OF
Spanish bloodl Were they such Mexicans recog
the wy the Sss ss
descended TO give any information upon that subject
al all Who constituted this government From what
class of voters did this government emanale' Am to
be told that Congress has jurisdiction subject
Of this kind There is instance OF territorial gov
eminent in the organization OF which Congress did not pre-
scribe define the qualifications OF voters There is
other violation, Mr. President know instances will
be quoted in which States have been admitted into this
Uncn where the people did not have the previous as:en,
OF constitution but will answer for il that they
not similar
There is another particular in which California has
violated the usage No State in this Union has come into
IT, without Congress having previously taken a OF
s inhabitants. That was done in Michigan, in Iowa in
Wisconsin, in Florida, and in all the other States Thus
has been the uniform usage and precedent so far as re-
CARDS the admission OF other States. am told, however
that Iowa and Florida into this Union by forming
conventions without the previous leave OF Congress.
Iowa did hold convention, and offered constitution
here, claiming certain boundaries, which Congress
denied She was sent back, and returned, having
into the Union with boundaries. And there
fore think il may be said that Congress had given
its consent by implication for the formation OF a con.
stitution and State government say il not only
implied, but strongly implied, when the boundaries were
given her. that she had the to do So far
CARDS Wisconsin, the same remark may be made Con-
gress gave her the right 10 have two members That
recognition OF the right TO have two members was such
recognition TO give the previous OF Congress
that she might form constitution, and might then apply
for admission into this Union Of the sovereign
States Now, sir with regard 10 the States OF Iowa
and Florida Florida had made application for years.
four or 1--WE years, when Iowa came forward, and they
came in pdri passu-the slave State. and the
other ~ free State. They came in at the time,
and that sir by consent, and have strong to
believe, BY the previous implied oil Congress
that they should form constitutions and into the
Union under their sanction. The remark NAV
Be made with regard TO Michigan. | know she
did form and claim boundaries-not allowed to her
by.the.by- she did form a constitution But
did Michigan form constitution or have any con.
vention, excepting when she was under territorial
relations TO this government Michigan was governed
BY the United States through the agency Of Con-
ge and II she assembled a convention, il was under
The implication the time that Congress had given her
the power of attorney TO decide upon the when she
sh0gld come into the Union. say then, an i'm.
piled consent in the case OF Michigan.
Butp0 far regards California, not single one OF
these condolences exists. She comes here without
having her boundaries fixed without qualifications OF
voters being defined without having any census and
am very much inclined 10 think under suggestive in
huence from the Executive and his cabinet TO evade the
responsibility Of meeting this question IL should have
been met, and II the time when il could have been met