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

TUG oenee 'hai' " the acquisition OF this territory we
Were bringing 6rebrand into the Union. Gentlemen
Will remember A. am sure the senator from MlssIs-
sippi Mr. FooIEl remembers IL then said that, not
wilhstandlng the opinions entertained with regard to
The origin OF the war; believing, as then didbeleying
said itthat in its origin II was unnecessary and in
IT'S purposes unjust, would rather consent to wage
that war Tor ten Years than to end by the acquisition
OF any territory which was TO produce internal dsquiet
and contest through the whole extent OF our country.
have right at all to complain OF any gentleman upon
this floor, who entertained different opinions with regard
to the because he voted against striking out the
QUESTION OF territory, or because he voted for the acquisi
lon OF territory; but surely had some reason 10
be surprised when gentlemen .sympahizing with
me in opinion. looking forward 10 this present
contest, realizing the necessity for such course
as would avoid i. refused at the. moment the sane
ton Of their additional votes. which had they been
gven sir, hazard nothing in saying that the difficulty
we have now to contend with would never have been
upon this Union-at all events not in day The vote
stood upon that amendment 80 10 49, Two votes taken
from the 35 and added 10 the is would have reduced the
majority voting against striking out to less than two
thirds, and have carried the amendment My friend
from Georgia Mr.. BERRIESl did the honor on that
occasion to second and support the views and to adopt
in substance the argument had offered, his first rea
for not being able to vote for the ratification OF the
treaty with this acquisition Of territory
to dwell upon them now and therefore proceed, as
intended when arose, TO state the objections which
iceland strong objections they are srto the admis-
time and under present circumstances and which must
constrain to against the instructions moved BY
the honorable senator from Missouri, lMr. BENTON
In the first place. sir, it cannot be denied that this APP
pcaton comes before us under circumstances anprece-
denied in the history OF this country Other Territories,
is true, have first moved in the matter OF their adms-
sion into the Union; and without being authorized BY
previous act of Congress, have formed constitution,
and applied for such admission. But the circumstances
altogether different in many respects 10 take
single exainple-he State OF Michigan-that State be-
longed TO Territory which had right to admission II
formed portion of territory which became the property
Of the United States upon the express condition that II
49, od .nfpf Iniop In he
an organized Territory and had territorial govern
meat and that in my view, is matter Of vast Importance
What IS a territorial government What is any gov
ernment! 1t lis an organization OF an otherwise
ganized population into political community is that
which makes OF such a population an organized body,
enabling il TO act WHOLE and bringing its several
individual members, before an uniformed mass, into one
political association, State, body polite Il ascerains
what persons among that people represent and shall have
a right TO speak the voice OF the whole Merely being
upon Territory gives not necessarily right to be
suited in the dispositions 10 be made affecting the des-
TIMES OF the population The fundamental law OF every
country however adopted settles in whom the power 10
represent the community shall reslde-who shall speak
the voice OF the community and say that this State, or
this political association, wills that such and such things
shall be DONE by collecting and declaring in due form,
the public sentiment OF the whole.
Now, sir every territorial government established by
Congress emanates from the sovereign power and re-
ceves authority over the Territory. That sovereign
power has right to fix laws for its government, has
right prescribe the form and manner, and the only
form and manner, in which il shall be recognised any
other than mere mass OF human beings together. By
this form OF government, proceeding from this sovereign
y is first defined who has right to speak the of
the Territory what portion OF the inhabitants shall have
the elective franchise shall choose representatives, who,
when chosen by that portion, represent the whole
muny and speak its voice In California we have
nothing of this Who chose the representatives Whence
did those who chose them derive the power TO authorize
these representatives speak the voice OF the people OF
California such Why, sir, without act OF Con-
gress authorizing it, can conceive OF but one way in
ss Teo and s that am act o reVouoa
which, throwing of the allegiance OF their sovereign the
United States, they think proper to together, their
ha ihsy A will Be- an osanssd body W.h sucs form as
they think proper But the present proceeding is not OF
that character The very movement shows that they
come here-having formed constitution which they say
imbodies the public will OF CafoniaTand ask that, as
a State, they may be admitted into this Union.
Now, sir, the business Of my life as lawyer has in.
feel regret when either needlessly, or for even sufficient
cause, becomes necessary in any particular instance
nation think that is to be regretted that the Congress
OF the United States should have departed from the
safe position, that in such matters territorial manag
should follow and not lead the movement OF Congress.
should have yielded their sanction 10 an act by which
Territory assumed TO itself, without their previous
rant or invitation, to form itself into sovereign State
But be that may, feel strong repugnance to 90
still further 10 introduce new example. and say that,
not only without the previous sanction OF Congress for
such proceeding. but without the previous authority
from Congress for forming the inhabitants OF any parcu
lar district into territorial community for any purpose
OF government whatever, they may voluntarily associate
themselves into political state, adopt whatever rules in
their organization they may think proper, and then apply
to recognise them existing political communi
ty-a S:aie-and such, receive them into fhs Union
This, Mr.. President, is the first difficulty ! have
There another that gentleman has as yet alluded TO-
When this Mexican treaty first submitted 10 the
sderation Of the Senate, IL contained artice-the
ninth articeprovidng for the admission OF these Terri
tories into the Union States No by the form OF
the constitution OF the United States that object could be
accomplished Ii was, In other words, an exact or
by which we acquired louisiana and Florida. There
has scarcely been instance, imagine. where there
was any difference at all, in which the Senate
nearly unanimous against adopting any such provis
ion Allow in order that the matter may be ander
STOOD TO call attention to the original article, and TO the
substitute adopted by the Senate
The words OF the original article far relates 10
this matter, are these
The Mexcans who, In the Territories Aforesaid shall
not preserve the character Of citizens OF the Mexican
public comfortably with what stipulated In the prece
ding article, shall be Incorporated into the Union OF the
United States and admitted possible
the principles Of the federal coastior the enjoyment Of
all the rights Of citizens OF the United States"
The amendment made by the Senate is in these words
"Who in the Territories aforesaid shall not preserve the
character Of citizens OF the Mexican republic
Incorporated into he Union OF the United States and be
admitted, al the proper time Ito BE- Judged Of The Congr
Of the Uafed Staf) to The enjoyment OF all tho rights Of
citizens OF the United States according the principles of
the constitution"
Now, what was the meaning Of this amendment am