The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-11

do anything that could do with proper regard to my
constitutional obligations. went so lar; and would
have agreed TO avoid delay TO admit California upon the
proclamation OF the President il the constitution could
have been returned and under proper action upon it,
Mr. CLAY Prior 70 Yesterday, Sir. California was
by the President OF the United States OF the bill for her
admission into the Union, she became. and now is.
eges which belong 10 any State IN he Union Among
these privileges is that of being represented upon this
floor by two senators She has presented TO her sena
the privilege with Kentucky Georgia, or any other
State, do not see upon what ground we can treat her
differently, o. make any reference of these CREDENTIALS
which would not be made IN the case OF any other State
do she does not 10 all respects whatever stand upon
that equal footing which the constitution has assigned to
Mr. DAVIS, OF Mississippi. Mr.. President. do not
consider the State OF California having been State
out Of the Union, but that il was Territory OF the Uni
chase over which the United States had full authority
but which Congress failed to exercise that authority
from considerations which believe TO be discreditable TO
nlent to take charge OF the Territory which constituted
the best argument for the action o the people OF Califor
MIA themselves California became State by the action
OF Congress, and by the action OF the President in app
proving the bill which Congress had passed II was not
State before The constitution provides that senators
shall be elected by the legislature Of State there
was State, there could be legislature OF State.
do not propose to into Argument upon this subject
only the reference to the committee which is best
capable o. Judging Of constitutional questions 40 not De-
one or two days | seek for no delay. wished the
question fairly presented, and thought that mode
best adapted for reaching the result.
am one OF those who opposed the admission OF Cali
fornia; ain one oil those who sought 10 restrict her
boundaries ; am not OF those who entered into any
compact that | would admit California with reduced
boundaries. considered the defect in the whole pro.
ceedng inherent and RADICAL and would have objected
to under any reduction OF territory am one OF those
who by their legislatures instructed 10 resist the adj
mission OF California by all honorable and constitutional
means This is taken an incident 10 State existence
prior TO the admission OF California; and ths y the
ground taken by the senator from Kentucky. H. then,
here under Instructions by all constitutional means to
resist the admission Of California a State am here
!, hs 70 q 70
action for admission. do not wish 10 be drawn into any
remarks upon this subject Personal considerations rem
der very reluctant TO do so nor do wish 10 consume
the time OF the Senate by debate The views entertain
upon this subject have been generally heretofore ex-
pressed merely state now, without further remark,
that desire refer the question to that committee which
suppose best qualified to give us information as
to question OF constitutional law.
Mr.. DOUGLAS, desire to state, in one instant the
grounds upon which base this question. California has
been admitted into the Union Stale. By the act OF
admission she becomes State from the day oil the adop-
ton OF her constitution from the date OF her constitution;
the doctrine OF relation, known under the law applying
TO 1.-THE doctrine that when an act Is consummated De-
comes valid act from the beginning j was upon that
principle and that only that the Michigan senator's were
enabled to take their here II was upon that prn-
cipe, and that principle only that the senators from ind
first elected enabled TO take their seats here IL
upon tue principle Oh VI Ohy
that the two gentlemen now representing the State OF
Texas upon this floor are now eligible they not having
been for nine years citizens OF the United States nj the
time OF their election But when you annexed Texas To
the Union, BY the doctrine Of relation they having been
for nine years citizens OF Texas thereby became for nine
years past citizens OF The United States was oy this
principle of relating back that you cured the defect IN the
case OF Texas IS by tue same punclPe. when vas
precisely applicable that you cured the defect IN the State
Of Indiana i was precisely applicable to ihe case ol
Michigan Now here, California being State, she was
Stale from the time she made her constitution. She
has had legislature from that time, and all the acts OF
that legislature valid The admission relates back
and all the action under that constitution valid from
the time il adopted. That is the ground upon which
base my vote, and upon which ask iha, the senators
4 be now sworn in. Ua
/ MIR FOOTE | have been instructed also to vote
against the admission OF California. ! have done so;
have complied with my instructions have oeeyed them
the letter. was not instructed, after the admission Of
California had taken place, to oppose the admission OF
the senators elect upon the floor o tue Senate There
fore present no such opposition am free to say mat u
duty impossible Tor me to perform co,scienously to
obey such instructions. II had received them Accord
ing 10 my Judgment II would be matter improper IN
itself, exceedingly improper, with my views OF conslitn'
tona duly oppose the admission OF senators upon Tits
floor from sovereign State OF the Union, so recognised
and so elected into the confederacy. Such being my
views Of the matter do not conceive that this ques
ton about which we ought to hesitate or delay ls,
therefore. that IRON The rst objected 10 the refer
Mr. BUTLER Perhaps il is proper, as am on the
committee 10 which this is REFERRED that should make
single remark MY opinion, lar regards the power
OF the people OF California to create themselves INTO
State, il well known. do not believe that al the Tune
this body OF men assumed 10 be Legislature they had tne
faculty OF being legislature because they had not me
previous OF Congress but they were sun IN tne
territorial condition. not having the faculty to act as
i State without violating the constitution
The question being then taken upon the moilon SUB
miied by Mr. DAVIS, OF Mississippi was decided IN ihe
! negatve--yeas ~, nays 36-as follows:
4 YEAS-Mcs.rs. Atchison Barnwcl Bsrren, Butler,
DAVIS Of Mississippi, Hunter, Mason Norton PIaii Sebas
Itian, Soue, and Turney-n -,
NAYSMessrs. Badger, Baldwin, Bell, Benton, Bright,
Cass Chase, Clay, Davis Of Massachusetts Diwson Day
ton Dickinson, Dodge o Wsconsn, Dodge Of Iowa. Doug
las, Downs Ewing Fech, Foote, Greene Hamn, ones
King Msngum, Norris, Phelps. Seward, shields smun,
spruance, Surgeon, Underwood, Wales. Walker, whit
1 Mr. GwIs and Mr.. FREmosT then appeared, were
duly qualified, and took their seats in the Senate.
f CLASSIFICATION.
i Mr. BARNWELL submitted the following resolution
| which was adopted:
Roped That the Senate proceed TO ascertain the classes
In which Of the State OF Caorna shall be in
serted IN conformity with the resolution oil the l4h Ma
4 1850, and the constitution requires.
Mr. B. also submitted the following order; which was
| adopted
0dered That the Secretary put into the ballot box three
atos the State OF California shall draw out paper
No II drawn, shall entite the member TO be placed 20
the class OF whose o service VIII expire tue
third day OF March, 1851 No2 In the class whose term
class whose will expire the third day of March, 1855
i Whereupon, three papers, marked No I, No. 2, and
No 3, were by the Secretary, put into the baotbox
and
i No was drawn by the Hon. JoHs c. FREMoSr, who
10 accordingly in the class OF senators whose term VIII