The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-05-16


previous authority of an act Of Congress ought to
be overlooked in consideration Of the omission by
Congress TO establish any Territorial Government
for the people Of California and the consequent ne
cessity which they were under to create Gov
| eminent for themselves best adapted 10 their own
wants. There are various instances prior To the
case Of California, of the admission OF new States
into the Union without any previous authorize
| ton by Congress. The sole condition REQUIRED
by the Constitution Of the United States in re-
spect to the admission of a new State is that its
Constitution shall be republican in form Cali
fornia presents such Constitution and there is
no doubt Of her having greater population than
that which, according to the practice Of the Gov
eminent, has been heretofore deemed sufficient 10
| receive a new State into the Union
ain regard TO the proposed boundaries Of Cali
| fornia, the committee would have been glad if
there existed more full and accurate geographical
knowledge of the territory which those boundaries
| include. There is reason TO believe that large as
they are, they embrace no very disproportionate
quantity Of land adapted to cultivation. And it
is known that they contain extensive ranges of
| mountains deserts Of sand and much unproduc-
tive soil. It might have been, perhaps better to
| have assigned to California more limited front
on the Pacific but even if there had been reserved
on the shore of that ocean portion of the boun-
dairy which it presents for any other State or
States, it is not very certain that an accessible
interior of sufficient extent could have been given
to them to render an approach TO the ocean
through their own limits of any very great i'm
portance.
"a majority OF the committee think that there
are many and urgent concurring considerations
| in favor Of admitting California with the propos-
ed boundaries and of securing to her at this time
the benefits of State Government IT. hereafter
upon an increase OF her population, more
thorough exploration of her territory and an
ascertainment Of the relations which may arise
between the people occupying its various parts
it should be found conducive to their convenience
and happiness to form new State out of Califor-
nis We have every reason TO believe, from past
experience, that the question of its admission will
be fairly considered and Justly decided.
! A majority Of the committee, therefore recon-
mend to the Senate the passage Of the bill report
ed by the Committee on Territories for the adj
mission Of California rs State into the Union.
To prevent misconception, the committee also
recommend that the amendment reported by the
same committee 10 the bill be adopted, 80 as TO
leave incontestable the right of the United States
to the public domain and other public property in
California
Whilst majority of the committee believe it
to he necessary and proper, under actual circum-
stances, to admit California, they THINK II quite
as necessary and proper TO establish Governments
J for the residue Of the territory derived from
! Mexico, and to bring II WITHIN the pale o. the
Federal authority. The remoteness of that ter
ritory from the seat Of the General Government;
the dispersed state of its population the variety
Of races--pure and mixed--of which it consists
the ignorance Of some of the races of our laws,
language, and habits; their exposure to inroads
and wars of savage tribes aud the solemn stipula-
tons of the treaty by which we acquired do
mnion over them-impose upon the United States
the imperative obligation of extending to them
protection, and of providing for them Government
and laws suited to their condition. Congress will
fail in the performance Of high duty If it does
not give, or attempt to give to them the benefit Of
such protection, Government, and laws. They
are not now, and for long time to come may not
be, prepared for State Government The terrific
rial form, for the present, is best suited to their
condition. A bill has been reported by the Com
mittee on Territories, dividing all the territory
acquired from Mexico, not comprehended within
the limits of California, into two Territories,
under the names of New Mexico and Utah, and
proposing for each Territorial Government
aThe committee recommend to the Senate the
establishment of those Territorial Governments;
and in order more certainly to secure that de-
srable object they also recommend that the bill
for their establhment be incorporated in the bilfor
the admission Of California, and that, united to-
gether they both be passed.
"The combination of the two measures in the
same bill is objected to various grounds. Ii is
said that they are incongruous, and have no ne
cessary connection with each other A majority
Of the committee think otherwise. The object Of
both measures Ii the establishment Of Govern
meut suited to the conditions respectively, Of the
proposed new State and Of the new Territories
Prior to their transfer to the United States, they
both formed part Of Mexico, where they stood
=. ~ - Al L. &c thot
public They were both ceded to the United
States by the same treaty. And in the same
article Of that treaty the United States solemnly
engaged to protect and govern both. Common in
their origin, common in their alienation from one
foreign Government TO another common in their
wants of good government, and conterminous in
some of their boundaries and alike in many par
| ticulars of physical condition, they have nearly
everything in common in the relations in which
they stand to the rest of this Union There is,
then, a general fitness and property in extending
parental care Of Government 10 both in common.
If California by n sudden and extraordinary
augmentation Of population, has advanced SO rap
idly as to mature her for State Government that
furnishes no reason why the less fortunate Ter
ritories of New Mexico and Utah should be aban-
doned and left ungoverned by the United States,
or should be disconnected with California which,
although she has organized for herself State
Government, must be legally and constitutionally
regarded rs a Territory until she is actually adj
mitted as a State in the Union
{" II is further objected, that, by combining the
two measures in the same bill, members who may
be willing TO vote for one and unwilling TO vote
for the other would be placed in an embarrassing
condition. They would be constrained, it is urg-
ed, TO take or reject both. On the other hand
there are other members who would be willing TO
vote for both united, but would feel themselves
constrained 10 vote against the California bill II
it stood alone Each party finds In the bill which
it mvors something which commends IL TO accept
ance and in the other something which 1t disap
proves The true ground, therefore, Of the OBJ
lection 10 the union Of the measures, is not any
want Of affinity between them, but because Of the
favor or dsfavor with which they are respectively
regarded. In this conflict Of opinion, II seems TO
q majority Of the committee that a spirit Of mu-
tual concession eDjons that the two measures
should be connected together; the effect Of which
will be, that neither opinion will exclusively tri-
umph, aud tbat both may find in such amica-
BILE arrangement enough Of good 10 reconcile them
to the acceptance Of the combined measure. And
such course Of Legislation is not at all unusual
Few laws have ever passed in which there were
not parts TO which exception was taken. IL il in
expedient il not impracticable, to separate these
parts, and embody them 10 distinct bills, 80 as to
accommodate the diversity Of opinion which may
exist The Constitution Of the United States con-
tained in it great variety Of provisions, to some
Of which serious objection was made In the Con-
vention which formed it, by different members Of
that body and when II was submitted to the rat
iRcstiou OF the States, some of them objected TO
some parts, and others to other parts OF the same
instrument Had these various parts aud pro-
visions been separately acted on in the Conven-
ton, separately submitted to the People Of the
United States, II Is by no means certain that the
Constitution itself would ever have been adopted
or ratified Those who did not like particular
provisions found compensation in other parts Of