Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-17
ROTEST
AGAINST TEE ADMISSION OF CALIFORNIA.
In SENATE, Aueusr IA, 1850.

In SENATE, AUeUsT IA, 1880
Nh. HUNTER. rise not to present petition, but 70
address motion to the courtesy Of the Senae-a melton
which am aware cannet make matter of right and
parliamentary privilege. is to ask that protest. winch
has been prepared and signed by ten members OF TINS Dody
against the passage Of the bill admitting California INTO the
Union State, which passed yesterday may Do received
and spread uron the journals Of the Senate We ask it. be-
csuse deem one Of the most not perhaps the most
important that has passed during our he
snd wish give whatever emphasis We iegimate can 20
our opposition to it. We wish far we can, to break
the force Of which regard mischevous and
dangerous for the admission Of States into this Union ask
that il m be read and spread upon the journals OF the
Senate
Mr. HALE Do understand the Senator to ask that /.
may be read ought be read that the Senate may un-
derstand what it is.
Mr.. HUNTER Yes, sir.
The SECRETARY resd the Protest as'follows;
We, the undersigned Senator'S deeply impressed with the
importance of the OCCASION and with solemn of the
responsibility under which acting, respectfully submit
the following protest against the bib admitting California as
State into this Union and request that may DO entered upon
the journal of the Senate We feel that II not enough to
have resisted in debate alone bill sught with mischief 10
the Union and the States which represent with all the
Of argument which possesscd but that It is also
due ourselves the people whose interests have been enust
ed care, and poey which in its most distant
generations may feel its consequences to leave in whatever
form may be most solemn and enduring, memorial OF the
opposition which have made TO this measure, and OF the
by which have been governed upon the pages
journal which the constitution requires be kept long
the Senate may have an existence We desire to place the
upon which willing tbe judged by generations
living and yet to come for opposition bill whose con-
sequences may be durable and poenous as to make an
object Of deep interest to all who may after
We have dssented from this bill because gives the
ton Of law and thus mpar,s validity the unauthorized
ton of portion Of the inhabitants Of California by which an
odious discrimination is made against the property OF the nj
teen saveholing States of the Union who thus deprived
nf Of viii
" designs and which constitutes the only and stable
foundation which this Union can repose.
Because the right Of the slavehong States to common
and equal enjoyment of the territory Of the Union has been
defeated by system Of measures which, without the auhor
Of precedent of law, of the constitution, were aniesty
conved for that purpose and which Congress must sanction
and adopt should this bill become law In sanconing this
system of measures this Government will admit that theIn-
habants Of its Territories, whether permanent or transient
whether lawfully unlawfuy occupying the same, nay form
State without the previous authority of law; without even
the partial security Of territorial organization formed by Con-
gress without any legal other efficient evidence Of
their possessing the number Of citizens necessary to authorize
the representation which they may claim; and without any OF
those safeguards about the ballot box which only be
ded by law and which necessary to ascertain the true
Of people, It will admit too that Congress- having
refused provide Government except upon the condition
Of excluding slavery by law the Executive branch Of this
Government may, at its discretion, invite such lnhabt-
meet in conventions under such rules 1t or its agents
may prescribe and to form constitution affecting not only
their own rights but those also Of fifteen States the confede
acy by including territory with the purpose Of excluding
those States from its enjoyment and without regard to the ma
ura fitness of boundary, any of the considerations which
should properly determine the limits Of State. will also
admit that the convention thus called into existence by the
Executive may be paid by him out of the funds OF the United
States without the sanction Of Congress in violation not on
" Of the plain provisions Of the constitution, but of those
principles of obvious propety which would forbid any act
calculated to make that convention dependant upon and
last but least in the series of which this Gov
eminent adopt and sanction in passing this BILL the
of the authority of the United States by the Executive
alone Government thus formed and not presenting
sufficient evidence Of its having the assent Of majority Of the
people for whom it designed. In view Of all these
considerations the undersigned constrained to believe that
this Government could be brought to admit State pre-
sentng itself under such circumstances If not for the
purpose Of excluding the people Of the savehodng States
from all opportunity of settling with their property in that
Territory.
Because for bill passed 1nder such circumstances
would be to agree to principle which may exclude forever
hereafter as does now the States which represent from
all enjoyment Of the territory Of the Union prin
cpe which destroys the equal rights of their constituents the
equality of their States in the confederay the equal dignity
of those whom they represent and citizens in the
eye of the law and their equal title to the protection of the
Government and the constitution.
Because all the propositions have been rejected which have
been made to obtain either recognition Of the rights OF the
slaveholding States enjoyment Of all the territory
Of the United States, fair division Of that territory be
tween the saveholdng and nonsavehodng States OF the
Unionevery effort having failed which has been made to
obtain fair division of the territory proposed to be brought in
as the State Of California
But lastly dissent from this bill, and solemnly protest
against its passage, BECAUSE in sanconing so
ary TO former precedent obvious policy, to the spirit and
intent Of the constitution of the United States for the pur
pose of excluding the savehong States fo, the territory
thus TO be erected into State this Government in effect de-
cares that the exclusion Of slavery from the territory OF the
United States is object high and important as to justify
disregard not only of all the principles Of sound policy, but
also of the constitution itself Against this conclusion
must and forever protest. it is destructive OF the safety
and liberties of those whose rights have been committed to
care fatal the peace and equality Of the States which
that condeacy in which the savehodng States have never
sought than equality and in which they will no. be
content to remain with less
R r. NJ N. T \. Hunter, Virginia.
A. P. BUTLER, % co,;,
r. B. BARNWELL, . o'''""'
H. L. TURNEY, Tennessee.
PIERRE SOULE, Louisiana. |
E. .'... JEFFERSON DAVIS, Mississippi.
DAVID r. ATCHISON, Missouri
JACKSON MORTON, r,,;a.
ID. L. YULEE, "'oa
SENATE CHAMBER AuGUsr l3, 1850.
Mr. DAVIS Of Massachusetts,. inquire il there is any
precedent for proceeding OF this character am not aware
Of any myselE thought that the opinion entertained IN TINS
body hns been that the constitution does not provide for
record made Nd in that form journals, and my me-
moy does not fail this matter the Senate has uniformly
refused 10 receive papers Of that character and record them
on the journals remember very well that when the ex-
punpng resolution as il termed passed. my colleague
who was lately member Of this body, and myself united 10
protest. but if recoect rightly it was not received oy 'ns
BODY Il was permitted to be read here but the oende-
the privilege asked of placing i on the journal wncn
,n1 rpftinU N