The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17
THE UNION.


called 70 institute government TO content themselves
with the least possible degree Of liberty compatible with
the actual peace Of society, confess my utter inability
10 discern The rights are their own. not ours and II
compel them 10 act. they must Judge what their inter
ssi requires do not contend that they have actual
clanl 10 admission into the Union do deny that is
rxht and duty 10 look 10 their circumstances and
10 receive reject them their numbers and condition
may Justify, u the number or copdon of The people Of
Cli.Oins V not such ssto justify their admission, ls
be shown and LEI thelf application be refused Bat do
deny that the nature Of their political organization.
bIoaght about By our neglect, furnishes any valid
reason Tor excluding them from this great coniedeacy,
into which they DESTROYS enter But, alter all,
what could they have done but precisely what they did
They hal 10 organize government; that the senator
from Grorgia admits. And how they to organize
territorial government which necessarily Ui termini,
derives its powers from the United States That is the
very essence OF its existence and that existence it could
only acquire By an act Of Congress- and because Con.
cisey the justification for the proceeding. How were
they 10 possess territorial governor Judges, or 70 be
placed under the control OF the federal judiciary by Their
own act And without these bonds OF connexion, and
others like them how their government TO become
territorial ones II could not be, sr--t could not be
Their dc aeo government was necessarily derived from
themselves and depended them Selves their relation
must be defined by the action Of Congress and under these
circumstances, be seriously commended that they
had no right come here and ask admission into the
Union. and that we ought to reject them because they
had not territorial government Why, sir, this 10 no
way to deal with human rights You cannot stand up
before the people of this country and maintain such
position You with those everlasting princi
Piles Of human nature and human freedom which power
can destroy and which. when taken from people, are
taken by force and not by right.
The senator from Georga says is true there have been
delay and neglect in the organization OF government
for The people Of California. but that this has been ow,
ing not 10 her. but you and y6u and you, members Of
this body And pray, Mr.. President, what has this 10
do with the practical effect OF congressional nacton We
not nquirng into the OF the discussion among
senators and representatives which have produced this
unhappy result but into the present condition OF things
and into the effect which this neglect has produced upon
ing to the Just claims of CALIFORNIA; and not to any
spect oil own The senator says that those
associated with him in his views anxious 10 estab
sh governments but that their offers were not accepted
WE'LL sr this just what members opposed 10 his views
say in reiurn You blame for this state OF things
for you would not accept the offers we made Of CO opera
ton | need hardly say that my views coincide with
those Of the senator from Georgia upon this snbect hui
still do not shut my eyes the fact that in the consd
Grafton Of the claims OF California; mutual ecrminahon
here conduces neither to harmony nor to her in
terest Ii we should 60 in this way till doomsday
our labors would be as barren as they have been thus
far during the session, The question is, what
ought to do-not what have left undone and why
have thus left it. The senator denies that California is
State while, for my part consider her as truly State
any the face OF the earth The senator from Mane
Mr. HAMLIN some time since. recalled remark upon
this subject which leaves other TO be desired
He said II was men that made States--and it's so ;
not trees nor lands nor gold mines but men, Tor whose
use all these objects created And entering into
the metaphysics OF this natter and into the solution OF
all the nice questions which ingenuity may rase re-
speeding the transition oil community from one political
condition anotDer, and the precise momentten mn
ues alter twelve o'clock for instancewhen its chrysais
let him pursue these investigations who has taste for
them have none For one, shall deal with the prn
cpies OF our institutions and with the rights OF hui
nature 10 their plain, direct application to the condi-
ton OF American society, wherever may be And doing
in this instance, find the Congress OF the United
States has neglected OF its most imperative and i'm
portant dues-the institution OF government for Cali
forna; and having driven the people TO do for them
selves what ought TO have done for them, have
right to condemn their course and refuse their
application because they did not establish territorial
government, which could alone be established by the
| authority OF Congress
Mr. BERRlEN | regret very much to be under the
necessity OF occupying the time o. the Senate
quence OF casual reference the senator from Mchi
gan, which could by no possibility avoid without ncq,
ding that senator IN general expression which could
with proprety be applied TO him, and which, there
fore, rendered il necessary to exclude him from it,
Mr.. CASS, in his seat From everybody else
my belief that, excluding him, there was general
concurrence Of opinion in this chamber and might al
most say without it. in the proposition which submit
gular misapprehension, that have conlended that all
sovereignty in the Congress OF the United States
not perSer his language for the world The senator said
that Congress possessed sovereignty the Territories
Mr. BERRlEN II is the most singular misconception,
think that could have presented itself to the mind OF
intelligent gentleman the senator from Michigan.
said that these Territories belonged 10 the people of the
United States; in whom the sovereignty was. ! said
nent domain was exercised sovereign power the
Territories, but that they exercised such power only
delegation from the people, who are It's source Transfer
ring the attribute OF sovereignty, them from Congress.
which is the agent to the people, who delegate the power
which the agent exercises the proposition. presume,
will appear sufficiently plain 10 the senator from Mchi.
gan and then, when | said that Congress exercised
sovereign power the Territories, appealed TO the
history Of us action from the foundation OF the govern
ment the present period The ordinance Of 81 pre-
scribed form OF government which entirely incon
sstent with anything like right OF elfgoveTnment in
the people who were subjected TO it, Il was govern
ment constituted OF a governor aud Judges; and the
laws by which they to be governed were not 10 be
made by themselves, but were such were selected
from the neghboring States. Then provision was
made for change OF their condition. by allowing repre-
seniatves when they attained certain population and
when they reached still greater number, Congress, in
the exercise OF its sovereign power admitted them 10 the
privilege OF forming State constitution The senator,
therefore, Will that, understanding my proposition in
the terms in which uttered il, the sovereignty Of which
cising il under delegation IRON that people Of one OF
its sovereign powers and therefore that II not sub
ect TO objection the grounds which he has stated
Congress has uniformly exercised the power from the
foundation OF the government But the senator supposes
that, although they had the right to establish govern
ments, they had moi the right 10 control the individual
concerns Of the governed. Well now, they have the
power TO establish government and TO prescribe the
limit OF its power, or they have usuped power from the
earliest day, the FIRST and second classes OF govern
ments under the ordinance Of 1887 II is only when we
TO the third class that gave tn them plenafy
power; but the well knows that IL coupled
in all cases, with the assertion Of the power OF Congress
10 interfere the individual OF the people gov
erned, and that was ACCOMPLISHED BIZ the reservation of