The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-29

oner senator's. nom the anxiety which such state of
things a. the one before must necessarily have created
answer to an inquiry which put to him awhile ago
corning this ordinance, and asking II the honorable
TOR would vouch for its authenticity. he says that the
4 Committee on Territories never acted the ordi-
nance Have intimated anything Of the kind By no
means, SIR In the course OF my remarks upon the mat
in my way this very ordinance. Twas merely comment.
Ing upon the strange appearance BORE and upon the
congrny Of the written document when compared with
the printed one; and the honorable senator thinks it
would seem that he has sufficiently answered me by
stating that i was not acted upon by the committee
I Mr. DOUGLAS. With slight change Of expression.
lie wants Us 10 give up will say to the senator,
never urged H. and therefore we cannot give il up II il
he who brings up the ordinance defeating the BILL and
| not We We rely on the bill as Is
1 Mr. SOULE. The honorable senator, / am sure, has
not read lately the bill under debate otherwise, he could
not take i amiss that refer to this ordinance. Will he
allow me to refresh his memory by reading TO him that
Ifollowsi
Nothing herein contained shall be construed as recogn
California articles Of compact in the ordinances adopted
by the convention which formed tho constitution Of
Mr. DOUGLAS. Precisely. wrote that clause, and
ideas ths that the matter of the ordinance for
setting apart school land and seminary land would arise
Immediately after California admitted into the Uni0n
declared in that part Of the bill that nothing should
De construed as rejecting or affirming, thus leaving that
Mr S6ULE. The senator, am sure must feel some.
what inclined to exonerate me from reproach for hav
ing thus commented upon ordinance which he himself
had brought into debate through the reference he made
IN his own BILL But despair not to satisfy him before
am done that for the object which he to have
had view, the ordinance in its present shape would
avail him.
Twas going to remark. when was interrupted that it
strange that while the whole virtue OF this ordinance
consists in the power puports to confer upon Calfo
MAS senators and representatives to make compact with
Congress touching other propositions as reduction
OF boundaries REIMBURSEMENT of title to the public do
main. &c, yet we are, day by day, pressing this bill
TO final vote and not the first movement has been made
IN the Senate, by friends foes evncng either purpose
or desire to enter into compact with these gentlemen
to the United States either Of these very important
Sir, would gladly have taken the initiative in such
movement Tor the accomplishment Of objects important
ded myse that be Syesa pst
agents by this ordinance adequate to bind Caor-
MA definitely In such c0mpact and proceed to give the
reasons Why in my most deliberate Judgment they were
not:
lst The ordinance devolved upon them functions
which constituted them asoficers by constitutional in
tendment, and il may be doubted whether they eli
gble TO appointments to such high trusts under the
sttution OF either California the United States GER
ianly they could exercise other powers, senators
and representatives but those which the constitution of
the latter specially dey0lyed upon them.
I'd. The ordinance comforting these powers was
organic sovereignty oi the people Of California couId Il
or any OF Its provisions be abrogaied modified by any
authority less than that which made it Could the con-
yenon have conferred upon others conventional powersi
Did do So Desgaia poesias non potsst dssgaril Why
one oil the provisions which compact entered into by the
United States with Caliiornas agents might embrace
would probably be reduction oil boundaries: change
IN them would change the constitution OF California
3d. The convention constituted for special pur-
poseto form constitution and State government That
being done It's functions were at an end, and did &C
cordIngly adjourn sine die the OF October, ls4e
from that date II was fuacus eco. Could its powers
functions have survived the adjournment! Not for an
hour! Could II delegate those powers and functions 10
others, so that they could ouiye its political demise
and civil deaths Most obviously, no.
4h Certainly that convention, OF itself, could not have
performed any act OF sovereignty, or any political act
Whatever alter lis final adjournment, and when ii had
been dissolved into its original elements ort,or then,
1t could not have delegated Calfornia's senators
and representatives, conventional powers be exercised
after the convention had ceased possess any powers at
all; nor could It have devolved conventional powers
upon the legislature 10 perform acts OF sovereignty which
were never conferred upon it. Least OF all could The
convention delegate its conventional powers, any por
on OF them TO its agents. 10 be exercised at Washington
agents, to be exercised in California And when you
once adopt such system OF substitution, the monstrous
absordy soon grows into the principle that when the
people have chosen delegates to convention those dele
gates appoint others IN their places and indeed de-
cline themselves acting at ALL and thus leave the people
subjected to system Of government imposed upon them
by men IN whose appointment they had no share.
5th. Admitting that the convention could have dele
gated such powers those which she has actually con-
erred upon her agents are wholly Inadequate TO the
vice for which they purport TO have been bestowed
While these mandatories forbidden 10 modify the first
FIVE sections at ALL and while il authorizes and mpowers
luem 70 entertdH otner pfop0siuOns,f III commands
them 10 nothing They cannot bind California definitely
10 nything beyond acceptance OF the unexampled
grants and donations which the hrs, FIVE articles OF the
ordinances lavishly bestow upon them ALI that they
do IS inchoaie, contingent and in allegiance until ap
proved By the legislature OF California, while all that
Congress slpulaes is to pass into instantaneous
ton.
9Th The ordinance coniers conventional powers upon
the California legislature, which the California constu
ion scrupuously and entirely withholds.
7th But the most important and vital defect OF the
sixth section is yet to be noticed and | specially
call the attention OF senators 10 the language in which
Il IA couched II declares that
Tho legislature is hereby further Authorised TO dseors IN
behalf OF the people OF California; il declaration he
proposed by Congress- that they ,eM iatoere wih The
yiaarg dsposn under the authority OF the United States
OF tho picdHi iaads within the limits OF the STATE.
Now let us point out one by one the absolute neicacy
Of this provision the deep interest OF the Union
the vast and pored domain embraced within the
limits OF California
Ii excludes Calfornas senators and representatives
from all agency in making provision for the protection OF
the pubic domain; IL devolves all the power il confers
on the California legislature exclusively, and limits IFS
action TO tcords which accomplish nothing. because
they bind nobody; IL excludes whatever il authorizes
the legislature 10 do from the obligation OF the compact
suggests between the United States and the State oil
California; II commands the Legislature in nothing but
merely authorizes il to do someting IN reference TO the
public domain and OF leaves TO the leg stature
full and untrammeed discretion TO do that something OF
to let II alone; what il authorizes the Legislature TO de-
clare is mere opinion, which may vary as legIs
atures NAV change and will be OF equal effect whether
ayoabeo contrary that which II intended should be
covered by its sanction But when you have made the
most Of this legislative declaration, that declaration does