The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-20

dI exsrciss Of power by State which has chosen 4
Judge ios Itself q its own insolatons you oonound
asurpaon and legal ENTHUSIASTICALLY and illegally
whA' may BE- done BY Congress and What may b
done BY Sats you discard ali distinctions and NIX "
~ matas together right and wrong. authority and the
sosence OF authority and make them all the ssmehsn,
~ you may establish the position that by the admission
OF The constitution Of California although in no
WY responsible for ls formsen OF its caIscie i re.
sus mat The prohibition OF Slavery acquires legality
which It would not have had otherwise
but come back from this sorry, indeed to have been
ing in condition into discussion, but with the
Intention OF avoiding IT,
II there had been prior territorial government esab
lished IN California with the authority Of Congress. aud
ii authority had also been extended To her TO organize
herself into State for the purpose Of coming into the
Union and she bad gone on under that authority and
made State constitution, she has DONE interdicnx
slavery within her mlls would 1t then be contended aud
urged that Congress endorsed that introduction by the ad
mission OF the state presume not No more can be
maintained that Congress imposes the. inerdct now.
Congress- repeat has the full power 70 adnor relec,
the State Of California, unbound by any constitutional
slricons. Congress has the penary power over tha,
question: and If, in the exercise OF that power Congress
thinks proper TO dispense with certain formulas and pro-
cesdngs, adopted in the instances OF other States there
cannot be doubt about the power, however gentlemen
may question the expediency of doing in the instance
under discussion
Mr. President am as may well be supposed, anxious
Tor the passage OF this measure. do mol think about
myself; do not care about myself. Man nor mankind
have naught OF honors OF Office in their gift which
expec, or which desire. As feel myself in some de-
and earth, my hopes, my faith. and my confidence
towards the former equally desire, while remain up
on esrth-while nger here for few short years, per-
haps-o discharge faithfully the duties and obligations
winch result from my connection with that society Of
which am an humble member These my thoughts
desire no eelat have said il twenty times and will
repeat that do not want especially the adoption of my
own measures; that was willing to take any other
form Of adJusimentyes. sir, willing to take any joint
TORN IN which may be presented these various measures
before the Senac. or any separate iormany mode that
could succeed. have repeatedly declared that
welded to no particular plan OF harmonzing and tran
qullzing this country: il was the end, the obect-the
great, and If might be allowed to use an expression
watch perhaps may appear extravagant-the God-like
purpose OF restoring peace and conentmen and bar
time Of life. do anything to add to the little repua.
ton that may have acquired in my former public
vice IN the councils Of the country. cannot detach
myself from the measure itself regret il exceedingly
would do It with Infinite satisfaction. il ! could. But
sir, when contemplate the benehcen results that to
come from the adoption OF the whole plan OF settlement
feel compelled, until something better ID proposed. to
give il my best exertons II there any personal
benefit could do any sacrifice could undergo for the
benefit Of the senator from Alabama Mr. Ksol and the
senator from Georgia. Mr.. BERRIEN.l nothing would
give greater pleasure; but with the views which
have OF the necessity that these should he
combined, and that their general features should remain
unchanged, have been compelled against several
amendments that have been offered believe that the
success of the measure requires that the whole plan
with each other. Should the whole be rejected, shall
be prepared for il as ! am prepared for whatever
events may be exposed to during the remainder OF my
days. Its fate have known, not absolutely certain
hoped and believed that it would carry perhaps because
of my vivid appreciation OF its benefits. hope and be-
ieve still that it will carry; but il il does not, will still
not despair Of my country will still hope that some
fortunate than myself may bring forward some
great comprehensive measure to reunte the Union OF
our foreathers II the vote is adverse to my wishes.
submit resign myself to it. shall have the
ation OF knowing that have sought most anxously to
acquit myself OF my dutymy whole duty-o my country
shall feel no other regrets connected with the failure OF
Il ms should he fai han
which relate TO the welfare OF the people OF this country
and personal 10 myself-none, sir, none. beg
pardon | came here AS [ said, with expectation OF
saying anything upon the subect but after the remarks
which were made, | thought, chairman of the CON-
mttee which reported this BILL that it incumbent
Mr. BUTLER know, Mr. President that my opinion
upon this subject will be regarded by many Of little
Importance. suppose, too, that any one who has lis
tened to the emarks OF the honorable senator from Ken
lucky, and who has read my speeches, II anybody has
taken the trouble TO do that will have no difficulty in I'M
derstanding what my10Rinions were. ! maintain that
the Union. Now sir. rBu, the question. BY way OF illus
ating my position. if Congress is called upon at this
time TO admi, California. does she admit State! Is Cal
State, Congress has undoubtedly the right TO admit her
into the Union, under the constitution. II she be not
Union! know Of other than the Legislative action OF
Congress; and If she comes IN through the legislative
process OF Congress, il is not Congress admnga State
il is making. moulding. and constituting State OF this
Union Sir deny iha, any sci Of people, that the in
habtans of TenHbry, have the faculty To form them
selves into goverpnen-into a S:aie-so long as the
jurisdiction OF Congress existing the Territory It's
prerequisite that Congress should first withdraw her Jo
sdcon This is, my opinion, ss~entia prerequisite
to the formation OF State without which they have no
right to deliberate upon constitution at all That was
never done in California, and California is not Stale
and, not being STATE Congress cannot admit her unless
they at the same tune make her State
Mr. CLAY Mr.. President, | will answer the senator's
argument II don't do il 10 The satisfaction OF the gen.
uelnan himself and OF every in this room then am
very much mistaken California is State at this
meni, but State OF this Union. That is the answer
What 10 STATE What makes q State Go TO the ele.
meniAry writers, and they will tell you people and ter
rtory"-gfeat and leading landmarks oil definition IN all
the books The OF the honorable senator consists
in this His mind has been directed to the consd
of the fact whether California is State OF this Union
have said she not State OF this Union She -
State Of the Union, asking Tor admission INTO the
Union SO with regard 10 the other argument OF the hon
orabe senator No people have right 10 take posses
son OF any portion OF the public SOIL the domain oil the
United States and erect Themselves into government or
body polite admit they have such right but II
they choose to such right TO organize them
selves into State occupying territory belonging 10 the
come here and apply TO be admitted into the Union ~
State, and all these irregularities upon their
part, the moment the admission made, she u perfect
and complete State. That il the answer
Mr.. BERRlEN. The commentary which has been
made upon the remarks which submitted 10 the Senate
day seems 10 to place IN position IN which
am not willing to stand before tots chamoer, and before
consent 10 occupy differ from the honorable senator
from Kentucky upon grave questions which have
been drawn into discussion here. That il my misfortune
one which no man could feel more sensiby than do