The North-Carolina standard., 1850-02-27
SPEECH MIR. BADGER,
OF NORTH CAROLINA,


OF NORTH CAROLINA,
Delivered in the Senate of the United States, the
10th instant, on the subject of admitting California
into the Union.
Mr. Badger said desire, sir to state difficult
ties which feel in voting for the instructions moved
by the honorable senator from Missouri, by which
the Committee Territories is to be directed to bring
in bill for the admission of the State of California
into the Union. l say difficulties, which, they
must prevent me from supporting those instruc-
tons must also. unless they can be satisfactorily re-
moved in my mind, prevent me, in any future stage
of this proceeding, from voting for the admission of
that State. What have to state, Mr.. President, has
been in part referred by the honorable senator from
South Carolina, Mr.. Butler. And, although do
not think it at all necessary on this occasion to
into the discussion, he has, of this question OF
slavery, in which almost every subject of discussion
which comes under the consideration of the Senate
either begins ends, yet allow me to remark, that
for the difficulty in which we all feel ourselves to
be involved upon this great and agitatng subject,
which is now shaking this Union from one extremi-
ty to the other-for the serious, almost awful pros
pect which have before US of danger, either from
actual disruption from the severance OF those ties
of mutual affection and confidence which should bind
US into one truly united peoplelet me say, that for
this l am not responsible.
The honorable senator from South Carolina, Mr..
Butler1 says that when this treaty was under consd-
eration he foresaw the difficulty that would grow out
of territorial acquisitions. Now, sir, if that honora
either side of the chamber, foreseeng these same
difficulties and acting under the just and natural in
fuence of that foresight had united in the support of
the amendment which myself moved to that treaty,
by which all acquisitions were to be stricken out,
these troubles would never have been upon us.
Mr.. Butler. did not allude to the discussion or
votes upon the treaty, but just before that hen the
treaty was before u.s. only way to get through it was
to sign the treaty. We had got far enough in before
that. What wanted was to get out. [Laughter.]
Mr.. Badger. Well, Mr.. President, so far as that
matter is concerned stand clear of all responslblll
ty had nothing to do with getting US into the dit.
fculty. had nothing to do with the admission OF
Texas, which resulted in the war; with the acqui-
sition with which the war terminated. The ques-
ton upon the treaty was before the Senate. pro-
posed my amendment, and, with whatever power l
possessed, endeavored to enforce upon the Senate,
that, by the acquisition of this territory, we We're
bringing 6rebrand into the Union. Gentlemen will
remember it. am sure the senator from Misslssip-
p Mr. Foote] remembers it. l then said that, not
withsanding the opinions l entertained with regard
to the origin of the war; believing, as then dld-be-
leving said it-that in its 1t was unnecessa-
ry, and in its purposes unjust, would rather con-
sent to wage that for ten years than to end 1t ny
the acquisition of any territory which was to produce
internal disquiet and contest through the whole
extent of our Country. have no right at all to COM
plain of any gentleman upon this floor, who enter
tained different opinions with regard to the war be-
cause he voted against striking out the acquisition OF
territory, because he voted for the acquisition OF
territory but surely had some reason to be surpns-
ed, when gentlemen sympath;zing with me IN opln-
ion looking forward to this present contest, realizing
the necessity for such course would avoid 1t,
refused the the sanction of their addition
al votes, which had they been given, sir, hazard
nothing in saying that the difficulty we have now to
contend with would have never been upon this Union
-atal events not in ourday The vote stood upon that
amendment, 35 to Is. Two votes taken from the
35 and added to the Is would have reduced the
majority voting against striking out to less than two
thirds, and so have carried the amendment. MY
friend from Georgia Mr.. Berrien] did me the honor
on that occasion to second and support the views and
adopt in substance the argument had offered, as his
first for being able to vote for the ratca.
ton of the treaty with this acquisition OF territory
l have no disposition to refer to matters of that
kind, or to dwell upon them now and l therefore
proceed, as intended when arose, to state the OBJ
jections which l feel-and strong objections they
are, s-to the admission of the State of California
into this Union at this time and under present cir
cumstances, and which must constrain me to vote
against the instructions moved by the honorable sena-
tor from Missouri, Mr.. Benton.
In the first place. sir, it cannot be denied that this
application comes before under circumstances un-
preceden:ed in the history of this country. Other
Territories, it is true, have first moved in the matter
of their admission into the Union sand without being
authorized by previous act of Congress, have form
ed constitution, and applied for such admission.
But the circumstances were altogether different in
many respects. To take a single example-the State
of Michgan-that State belonged to Territory which
had right admission. 1t formed portion of ter
rtory which became the property of the United Staes
upon the express condition that should be admitted
into this Union. In the next place, that an or
ganized Territory, and had territorial government
and that, in my view, is matter of vast importance
in this question.
What is a territorial government! What is any
government! 1t is an organization OF an otherwise
unorganized population into political community.
1t IS that which makes of such population an Or
ganized body, enabling it to act whole, and
bringing its several individual MEMBERS before an
uniformed mass, into political association, State,
or body polite. 1t ascertains what persons among
the people represent and shall have right to speak
the voice of the whole Merely being upon Terri
tory gives not necessarily right to be consulted in
the dispositions be made affecting the destinies of
the population. The fundamental law of every coun-
try, however adopted, settles in whom the power to
represent the community shall reside-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
receives authority the Territory. That Sow
ereign power has right to fix laws for its govern
ment. has right to prescribe the form and manner,
and the only form and manner. in which it shall be
recognised as any other than a mere mass of human
beings together. By this form of government, pro-
ceeding from this sovereignty, is first defined who
has nghtto speak the voice Of the Territory what