The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-12
4 H L r E ? u BLIC.
SPEECH S
MIR. j. L. JOHNSON, OF KENTUCKY,
ON THE ADMISSION OF CALIFORNIA
Delivered in the House Of Representatives.
of tie limited States, .4priI 8, 1850.

ON THE ADMISSION OF CALIFORNIA.
Delivered in the House Of Representatives.
Of the limited States, .4priI 8, 1850.
Ma. CHAIRMAN: At no period, perhaps, since the
foundation of this Government to the present mo-
ment, has there ever been higher degree of ex-
element, both in this House and throughout the
country than is found to exist at this time in refer
ence to the bill for the admission of California
Of the States of this Union and the passage of
a bill organizing suitable form Of government for
the residue OF the territory recently acquired by the
treaty with Mexico.
In fact, SIR the intense degree of feeling these
subjects, in all portions of the country, admonishes
us that before we take such action in reference TO
| them shall be decisive, should thoroughly
! consider the consequences that may grow out of
| our Legislation, having due regard to the harmo
| NOUS union of these States
Hasty and inconsiderate Legislation, even
important subjects, is at all times, and under all
| circumstances, greatly to be deprecated But
when great questons-afiecting the honor, the po-
itical and pecuniary interests of nearly half of
| the people Of the United States-are thrown upon
the Legislative for consideration, it becomes
matter Of the deepest importance for to bring to
the task that lies before us degree Of calmness
and reflection commensurate with the Importance
| of the duties that devolve upon Passion and
| prejudice both Of which inconsistent with
son, should never enter this hall any occasion,
but more particularly occasion like the pres
| ent The effect of these, here or elsewhere, is to
drive US into extremes; and in the absence of rea
SON they sometimes seduce even the best intellect
into the labyrinths of folly-the purest heart from
its devotion to correct principle. To say the least
of it, such Legislation at present, if it should do
nothing else, would create much discomfort, and
necessarily engender many prejudices wholly in
consistent with the harmony of the States, and
that of equality of right that constitutes the
| bond Of our union.
We, sir, from different portions of this Union
and to some extent represent different interests, but
we all of US bound by the general obliga-
tion to support our common Constitution in all of
| its parts.
| On questions in which neither the letter nor the
spirit of the Constitution involved, there always
has been, and there always will be, found to exist
difference of opinion. In matters of this sort it is
the duty OF each representative to obey the will OF
his constituents, or resign his seat, and give place
to another who will obey the voice OF those who in
| vest him with power. But, sir, when it comes to
| the description of Legislation in which
engaged, when the effort the side ia TO
the rights guaranteed by the spirit of the Constitu
ton, il not by its letter-and on the other side to
| usurp those rights in great measure--I contend
that there should be but voice. there should be
but one great animating principle among US, and
that should be justice to every portion OF the Union
Not that sort of meagre, attenuated justice that
seems 10 be justice, but which really is not Not
mere limited assent to great principle founded in
Justice, but honest, frank, manly surrender of
all that Justice in its fullest sense and the Constitu
ton when fairly interpreted, demand at your hands,
This il what the liberal, the enlightened, the pa
trotic portion Of the American people every where
want-ths is justice-this is in accordance with the
spirit of the Constitution. Do ths and you will do
your duty. Do this and you will restore peace to
the country, you will quiet the angry passions that
are found TO exist, not only in this House, but
throughout this whole country, extending from
ocean TO ocean. iu M
| We have acquired a large district of country by
virtue Of treaty with Mexico at the close Of war
in wh ch the South and the North equally partici-
pated, in which they both displayed equal valor
We now celebrating on the propriety of ad-
mitting California a State, and as to the form Of
government that shall be extended 10 the residue OF
/ 10 ev,lv
| The people of California have formed constitu-
ton for themselves, in which they in many words
inhibt the introduction Of slavery within the him
its Of the proposed State. According TO the uni
form opinion this subject throughout the South,
the people residing in the Territory have the right
to settle this question; they have done SO, and have
sent their constitution here, asking for admission n
into the Union, by their Senators and Representa-
tives who are ready TO take their seats when the
door shall be opened, and California admitted as
one of the States Of this Union. The objection has
been urged by honorable members that there was
no law Of Congress authorizing California to form a
CONSTITUTION preparatory TO admission into the
Union but, il there is any thing in precedent, this
objection have force, for other States Of this
Union have done the same thing, and have been
admitted. Tennessee, Arkansas, Michigan, Flor
ida Iowa, and perhaps other States were admitted
on the formation Of their constitutions, unautbor
ized by any previous law of Congress The prac-
tice of admitting States in this way commenced in
1916, when Tennessee admitted, and has been
acquiesced in, to a greater or less extent, ever
since.
The Constitution declares that "new States may
be admitted by the Congress into this Union," and
this, in fact is the whole power that Congress has
over this subject. Congress can admit States, but
not create them. We have no power to make n
constitution for State. This must be done by the
people residing in the Territory.
But, sir, il has been intimated by honorable men,
bers the other side of this House. that the Pres
dent, through his agent sent 10 California, (Mr.
Thomas Butler King,) procured the formation Of
the present constitution interdicting slavery. This
charge Is not only not sustained by evidence, but
is denied both by the President and MIR. King, and
am advised that the Senators and Represen tatives
from California state, that there such inter
ference. The truth is, sir the people Of California
we're left by the last Congress without govern
ment, and they determined 10 form one for them
selves. As well remarked by my honorable
friend from louisiana (Mr. CoNRAD) the other
day, it would be very strange circumstance If the
President could make the people OF California form
such constitution he wanted, and yet could not
make them send even Whig Senator or Repre-
sentative here 10 support his administration.
But, sir, there are objections that in my judg-
ment may be urged 10 the immediate admission Of
California. In her constitution she has specified
such boundaries az suited her people; but are the
members Of this House prepared 10 say that these
! boundaries such we should approved In the
first article and second section Of the Cor stituton
of the United States IL s declared that Representa-
tves shall be apportoned among the several States
which may be included within the Union accord
ing TO their respective numbers, and provision is
made for the enumeration Of the inhabitants Of the
States having due regard to this apportionment.
No census Of California has been taken, and ina
gine that gentleman is prepared to say that she
has an actual bona fide population sufficient TO
title her 10 admission.
She has cent on here two representatives 10 take
their seats in this House Is she entitled to two
one, or is she entitled to any5 have re
able evidence Of the number Of her actual inhabit
ants. These are, in my judgment, valid objec-
tons TO the immediate admission of California. |
recognise the right Of the people Of that Territory
TO say whether slavery shall exist there not;
but do not recognise their right TO demand adj
mission into this Union before they have shown
themselves entitled TO membership; they should
fret be able to give the password, and when they
do this the door should be opened. But, sir. with
a procipitancy almost unprecedented in the histo-
ry Of this government, we were asked TO open the
door and admit this new State, before we had
time TO read her constitution and see what il con-
| tanned.
As a distinct proposition, cannot say that am
very much in favor Of the admission Of California;
but if in connexion with the bill for her admission
government without the wilmot proviso for the