The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-21

o9un certainly the opposite pohey OF pfohibng would
anofd equal ground OF complaint against the North We
Ask no advantage OF the Morrill, but desire 10 be placed up
on an equal footing with her, We are opposed 10 all
legislation upon this subject aad contend that the people
OF the Territories, when they ask admission into the
UDlon should be permitted 10 determine for themselves
whether slavery shall shall exist among them Th
Is the only ground upon which this yexed question can Be
settled. and any other policy would be ia direct conflict
with every principle OF right and justice What more,
then, the North ask al our hands unless they intend
that we shall concede everything. and they no'hing'
Another objection 10 this Proviso. and one. to my
mind unanswerabe, ~ that i proposes to legislate for
people who are competent 10 egsae for themselves II
never has been and never can be- the policy Of our gov
eminent to interfere with the local or domestic nstu.
tons OF State or Territory u 10 true that the ordinance
Of 1857 applied TO the Northwestern Territory. but
that Territory was z, the ane gnpe9plsd not so how
They contain large and intelligent population chiefly
emgrans from the States and who are as capable oil
regulating their own local affairs as The people oil any
oria governments Tor all territories not containing sui
hcent population TO warrant their admission into the
Union ou al matters o. private and Local legislation
ainly have better knowledge OF the wants and neces-
sites OF the people than possibly have Our gov
sramsn. y o. Limited Limited powers deriving ~
have entered into compact for their mutual benefit and
protection and il certainly is not and never be- its
policy to exercise any power which the people themselves
Again il is universally acknowledged that after terri
tory Is admitted into the Union Safe, with the
frOVlsO ataCneu me people nave prOnDi OF
roduce slavery their pleasure II this be true, which
one doubs then the effect OF the Proviso s 10 oresta
public opinion BY encouraging emigration from the Tree
States, and excluding from the slave States for il
questonaby amounts to an exclusion il you impose upon
the southern emigrant condition which be
ply with In other words, It is exercising indirectly
power which cannot under the constitution be exercised
directly, and is incompatible with the character and stand
ing of our government But | am happy to say, Mr.
Chairman that believe better feeling is beginning to
prevail among some OF our brethren OF the North Sew
eral OF them have voted with this session
the Wmot Proyso, and manifest disposition TO cult-
vate friendly relations with their brethren OF the South
against northern well as southern fanaticsm and
against the Wimot Provso and all kindred measures,
and evnce determination to put an end to this sectional
strife and discord one in particular, The Pesyfuanm
rendering good service in this respect. and the couHy
will owe debt Of lasting gratitude to its gifted and tai
ented editor, w. Forney, for the noble and patriotic
Much mas been said, Mr.. Chairman. during this dis
cussion regard TO the application OF California for adj
mission into the Union regard the debate al this time
as premature as no bill yet pending Tor such
admission, and probably will not be Tor some time to
come. When, however, the question comes up IN a
tangible form. shall give my upon u at length, and
shall disclose the policy which will govern my vote II
may be well enough, however, the subject Is begin
ming to excite interest, 10 devote few minutes OF
the time allotted 10 under The hour rule TO It's brief ex-
animation
Many objections have been urged to her admission by
gentlemen representing extreme southern States, none OF
which. in my opinion. are entitled 70 much weight Il is
conended, in the first place, that there has been
warranabe interference the part OF the Executive
connected with the mission of Mr. King to that coun.
try This probably srue, and il true subjects the Pres
dent TO censure but it certainly should not operate to
the prejudice OF the people OF California, and dvest
them Of any rights which they would otherwise have
for prelends that Mr. King exercised any influence
in the formation of her constitution. He did not reach
San Francisco until after the issuing OF Reys procama-
ton, and was not within one hundred and thirty miles
OF Monterey during the deliberations OF the convention
Moreover, am informed by gentlemen who were mem
bers OF the convention that the object OF his mission
not KNOWN and that communication either verbal OF
written. passed between them Indeed, il was supposed
by that he had been sent out by the President 10
collect information in regard to the mineral and other
sources OF the country.
With respect to the proclamation OF General Riley,
feel no hesitation in saying that believe il un.
wanantable assumption OF powers and as evidence thai
il was viewed by the people OF California, it is only
necessary the fact that they disegarded all OF his
Recommendations except those relating TO the time and
place OF the meeting OF the convention.
Again il is commended that the people of California had
sent OF Congress In my opinion this power is inherent
in the people, and does not depend upon the will of Con
gress and in this opinion am confirmed by almost
every prominent statesman OF the South We have also
numerous precedents recognising this right Arkansas
Florida Michigan. and many other States, met in conven-
lion, framed their constitutions. and we're admitted with
out any previous legislation on the part oil Congress.
Il is true that this objection raised against the ad.
mission OF Arkansas but upon the final passage OF the
bill, nearly every southern SENATOR including Mr. Cal.
houn voted for her admission. The following was the
vote
YEAS-Me.srs. Benton, Brown, Buchanan, CALHOUN,
Clayton Cuthber, Ewing OF Illinois. Ewing Of Ohio
Grundy Hendrck, Hil Hubbard. King OF Alabama King
Of Georgia, Liam, Mckcan Mangum Moore. Morris, Nich-
oas Niles, Preston, Hives Rohinson, RagRles shipIey,
Tslmsdge Upton. Walker, White, and Wnght-si.
AT the last Congress, Mr. BERRIES, OF Georgia one OF
the sbest constitutional lawyers the country, made
report TO the Senate, n which he assumed the ground
that although Congress may mot that Il is Indispensable
provide for the assembling OF convention, yet IL is the
will OF the people, expressed in that convention, which
alone creates the State. The following is extract
from his report:
The power conferred by the lntniion Congress
admit new Sfates not 10 create them Acc Drdng ths
theory Of our government the creation OF State IL
the Will Of the people OF whom the State Is composed
scmbled In convention that II Is created Congress MA
prords for me assembling OF conventions but the will
Of the people, expressed In that convention, alone
red by the constitution Congress, 10 admit Sfafp
into the Unon Is called There nothing
upon which u operate. In the opinion Of the commit.
tee Them this bill ought not to because proposes
exercise by Congress o vested by the
tnnon IN tbs national legislature namely the Of
State.
Authority upon authority can be adduced, going 10
show that the previous OF Congress has never
constitution preparatory 10 her admission into the Union
~ alleged also, az additional objection that persons
were permitted TO vote upon the adoption Of the consu
ton, who not strictly entitled the exercise OF the
elective franchise do moi know upon what authority
this charge IL made have evidence OF the fact
before US, and would be unreasonable 10 require us TO
the existence Of the fact changed the absence
the population who owed allegiance TO the Mexican gov
eminent prior 10 the war; II is easily answered by refer
ring 10 the treaty of Guadalupe Hidalgo.
BY the eighth article OF the treaty. ! was provided that