Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22
DEBATE IN THE SENATE.
THE COMPROMISE BILL.
TUESDAY, JUNE Is, 1850.

TUESDAY, JUNE Is, 1850.
On motion of Mr. CLAY the Senate proceeded to the con-
sderaon Of the bill for the admission Of California into the
Union, the establishment of Territorial Governments fol-
Utah and New Mexico and making proposals to Texas for
the settlement OF her northern and western boundary.
The question pending was an amendment to the Isl
SECTION, offered by Mr. HALE yesterday, follows
New States not exceeding in number, of convenient
of the said State of California OF the
territory thereof which shall be entitled admission under
the provisions of the Federal constitution"
Mr.. FoorE moved TO amend the amendment by adding
thereto after the word constitution, the following
tsWh without slavery the people of said State ask
ing admission may desire" 49,.
Mr.. BERRIEN. hope the amendment to the amend
men may prevail The original amendment OF the Senator
from New Hampshire only arms constitutional right Il
only reairms that clause of the constitution. gives TO
Congress the power of admitting States with the assent
of the State States out of which the said new State TO
be formed The amendment TO the amendment gives the
people the right determine their Institutions That is
principle which cannot be too often affirmed, and there
fore trust il will be adopted.
Mr.. DOUGLAS. Mr. President presume that it will
not be necessary have vote the amendment to the
amendment presume that the Senator from New Hamp-
shire will accept it. He announced yesterday that he had
offered his amendment in the language of the resolutions for
the annexation Of Texas But on looking over those
lutons lind that the SENATOR his amendment has omit
ted the words proposed be inserted, by accident
presume therefore, that the Senator from New Hampshire
will accept the amendment to make II in the precise
lexaS-ne
having announced yesterday that he had couched his amend
LDent in the words of those resolutions.
Mr.. HALE. Mr. President, am surprised at the sug-
gestioA of the honorable Senator from Georgia. (Mr BER-
RIEN.) He says if understood him. that the amendment
of the Senator from Mississippi (Mr FooTE) is necessary
because it affirmation of right and that mine is
cessary, because the affirmation Of constitutional right
understood yesterday that conceded by those who ad
the amendment Of the honorable Senator from LOU
isana (Mr. SoULE) that it the airmance of
constitutional right. If that the afrmance of
constitutional right should have been Objectionable the
same ground as the amendment which have offered But
think that the honorable Senator from Georgia (Mr. BER
REM will that there is wide difference California, if
she is any thing, if she will be any thing by the time
have got through with this bl-whch, by the way, do
any great prospect Of very soon-w be State of the
Union, Then will not do for the Congress of the United
States to interfere By saying what institutions shall be
joyed within the limits of particular State. This is not
Territory. Here is State and it would to be
work Of supereogaon to say what institutions shall be
joyed within the limits OF organized State. However,
particular about this amendment, and, there be
objection, will withdraw it.
Several SENATORS. 1t cannot be Withdrawn. 49,.
Mr.. CLAY. object to the withdrawal Of the amend
ment and ask for the yeas and nays on it.
Mr.. HALE. Gentlemen to be in rather too great
hurry. did not say that wished to withdraw the amend
men merely said that if there objection would
withdraw it. am certainly at all anxious to withdraw
It, any gentleman thinks be spring trap me by
calling the yeas and nays tell him that he mistaken
am perfectly willing to TO my long the
yeas and nays may be called ~
The VICE PRESIDENT. The Chair would suggest to
the Senator that be desires withdraw the amendment
msjorty can grant the privilege.
Mr. HALE l have not the least desire to withdraw the
amendment.
The question being the amendment the amendment,
the yeas ard nays were ordered.
Mr.. BALDWIN. Mr.. President, rise simply TO state
that am entirely opposed the adoption Of amendment
proposed by the honorable Senator from New Hampshire
to that is the affirmation Of constitutional
right Whenever the people of California chose to apply
for the of Congress form State within
limits, Congress give that assent and the thing be
DONE have the objection to being called upon
IN advance this subject had yesterday the amend
of the honorable Senator from louisiana (Mr. SouLE
therefore, opposed the amendment Of the Senator
from Mssissippi and opposed to ii for the reason
and for other reasons, which urged yesterday.
Mr. BERRIEN. l apprehend that, however unneces-
cary it may be, there be objection 10 the af-
frnance of cons utionai principle The right Of the
people Of the States be formed of California with her
consent to govern themselves cannot be doubted The right
of the people of California form State within their
limits, with the consent Of Congress- cannot be doubted
There be objection, however, asserting the right of
any people frame their local institutions suit them
selves. trust therefore, that the amendment to the amend
msnt will be adopted. $780,, .....~.. 49,.
Mr.. CHASE agree, Mr. President, with what has
been said by the Senator from Georgia. that there be
objection to the armance OF constitutional principle But
am opposed to the amendment Of the Senator from Mssis
sipp, (Mr FooTE and wish to state, briefly, the dis
ncon which appears be obvious between the pro-
position into which his amendment would the amend
men Of the Senator from New Hampshire, and the PROPOSE
ton voted upon yesterday. j.
That proposition related the erection of States of
Territories The proposition of the Senator from New
Hampshire is that Congress shall authorize the erection of
two States out of California after her admission State
into the Union She will come in Free for slavery clearly
prohibited within her limits.
Mr.. BERRIEN. But she may repeal that prohibition
Mr.. CHASE. So she may. And when she does, pro-
position that States to be erected thereafter within her limits
shall be admitted, with without slavery will not be without
precedent. But present, the prohibition stands and
yet the Senator from Mississippi proposes that slave States
be carved out of this free State if the people of the parts
to be created into States elect This is not the pre-
scented to yesterday.
Mr.. President the annexation resolutions contained pro-
vision that States created out of Texas south of SO deg 80
min. may in with without slavery, they may pre-
fer. Why Obviously, because slavery existed in Texas
south of 36 deg 30 min And Congress willing to give
TO future States within those limits option to continue
abolish the system, the free exercise OF which should con
tute no barrier to admission But this amendment would
provide that States created out of free State may come in
with slavery Its adoption would in my Judgment be insult
ing to California What would be thought of proposition
that State should be created within the limits Of Ohio,
or Pennsylvania, New York, with option into
framing its constitution might determine Would it not be
dscredbe to the people Of these States suggest that
they were prepared exchange the institution of freedom for
that of slavery
voted yesterday against the proposition of the Senator
from Louisiana, (Mr. SouLE) did regard sim
pie affirmation Ct constitutional principle Far from it. 1t
went beyond the constitution That instrument declares that
new States may be admitted by Congress into this Union
distinct section provides that "the United States shall
guaranty to every State in this Union republican form Of
government" There no provision in the constitution that
know of, declaring that sbnU admit