The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-20

moi calculated 10 produce ihst sHsct co0csde 10 them
perfect sincerity Of purpose; but EXERCISE NY own
20 sxsmasion Of the detail necessary 70 BE- con-
sidsrsd Tor the purpose Of maintaining the correctness 81
the opinions which have formed ! desaie only. ~
c0nnsxon with the remarks OF the senator from Ken
lucky to say in the hearing Of SENATOR'S and before the
American people, ths ardent ~ doubt not y the De-
sire OF that senator to give 70 The country ~ nnu
entail may b. the course which ne h&s pursued on
this occasion To produce that result and ~ perfectly dis
interested and abandoning all the considerations OF SELL
he has been IN the which he has pursued on
this bull the same feeling, the same dlsinterestedness
and the ardent desire preserve the aud har
mony OF the country. acuate the feelings OF those VINO
have the misfortune 2 differ from hun consider ny e
misfortune; but should lose my own sef-Tespect
were TO sacrifice Tor that reason my judgment and my
judgment deliberately is, that this bill, in this FORM y not
calculated to alay excitement in the country Without
some other check the spirit Of the Wilmot Provso
TO predict that all the efforts and the best nteR
tons OF those most strongly conservative IN feelings and
principles will be required TO be exertednot 10 avert
civil comm0uon; have apprehension OF tha-not 10
prevent dsunOn; have no fear OF tha-but to prevent
that excitement and increased alienation OF feeling which
chambers What. in the providence OF God, will be
the consequences OF the spirit they will engender, do not
venture e. 70 PrsndclZi desire not to look upon
Mr.. FOOIE obtained the floor, but gave way, by re-
quest. To-
The senator from Georgia has made the declaration mat
the friends OF this bill think this tue only measure OF
salvation. We have again and again svowed our desire
10 any measure proposed that would give harmony TO
the Unl0n Anu tnAt thls a06ll Ia-iOI we,
assure you again. sir not SO welded to that we
would not accept with alacy and pleasure any measure
which will secure the obsctif falls, then hope that
the senator will come forward and give us compfehen-
sve measure, and il he can produce what will be
more likely 10 effect tine result and attain the end.
We have rejected amendments, tits true. These gentle
rise here al Moment and that Congress has
power upon The subject OF slavery and when they at
the next moment ask to exercise power over the sub
jec OF slavery we cannot consent to 90 what they ask
We compare their opinions wilh what they solicit IRON
But Congress. il Is maintained, has no power to create
State Why sir all the States of the Union have been
created more or less under the authority OF Congress-.
which has led them up and authorized them TO form
constitution. Would they form constitution but for
that authority! The land is sold to them, and, when
they have settled the land authority given 70 make
constitution aud organize State government IL not all
that done under the power OF Congress-, and quite az
the senator that although inhibited from consd-
eng anything further than the republican character OF
State. yet, it we admit State. we virtually sanction
Blu, this is not ease OF Congress creating State.
There exists State de doto That the language appli-
cable to the public law of the world The State comes
here and asks usto make her State de 1samembe OF
the Union. We have not created i. Did Congress Or
ganize the legislature! Did make the constitution Did
pass the laws for collecting the revenue! Did lido all
those things OF municipal character which are now
,ransactng in the State OF California under the
authority Of their constitutions All these were
matters resulting from the organization which, whether
with or without authority, de faeto existed and
that de act0 State comes here and asks admission into
the Union The Commonwealth OF England, during the
reign of Cromwell, was government de fdcto but was il
Was not the Stale for raising armies
and navies, coming money, making exercising all
the attributes OF sovereign Staea State deteo as the
California Is Staeillegally. if you please, irregular in
its inception and oganzahonbut still State consist
ing OF territory and people, and containing all the ar6
utes OF State not made by Congress- but State il ad-
med into the Union. if admitted by Congress, as pre-
existing, and hxed and irrevocabe fact II we 20 INTO
the history Of constitution, how the Deca-
IRA of lch
State II was done by Congress having no authority
to do it BY any delegated power which they possessed
They did the act and it sanctioned by their consu
ens and the people OF the United States SO with the
existing constitution Of the United States. How came
il into existence Why, it made by convention
in Philadelphia assembled not Tor the purpose OF making
an original constitution, but for the purpose OF amend
ing the ancient articles OF confederation They chose to
put them all aside. and TO make constitution for the
thirteen States, and to submit If TO .he people Then
the ratification OF the people etroactsd and supplied the
original defect OF power, and made that legal and con-
sttutional which originally was not 80.
But another remarkable instance is at handa case
out of which have grown all these acquisitions. What
was the treaty OF Hldalgo! Wasn't not perfectly void
instrument-absouiey and utterly yod-no to resort to
the distinction which jurists take and lawyers make
not TO resort TO the distinction OF void and vodaoie
but an absolutely void &C, Well. cir this VOID treaty
create the treaty between Mexico and this country Just
much did they create that treaty they would create
this constitution, il you admit California de fdtfo
State. inside but outside of the Union, comes here and
asks to be taken into the Union. Now, sir, you
toned the treaty you ratified it, revvifed it, terminated
~ restored IL TO ts original state, and gave II validity
From that day. Sit, instances might be multiplied
without number both in the great transactions OF ma
tons and those of individual character, IL II
were really worth while to multiply them. Mr.
President, what is proposed by the very amendment
itself which the honorable senator vndicates and es
pouses Does that not propose 10 make State! why
yes and the sole difference between our State and his
State 10. he conne his State within the limits
OF the Sierra Nevada, north of IS deg 30 min, and we
contend for the whole The very moment he is contend
ing that there is State 10 legal exstence-hat !, s
mere Terrioy-a band of dsorderly and lcentous men
who have come together-
| Mr. BERRlEN, lin his seat) did not say that,
| Mr. CLAY. No; but that is the consequence OF your
argumentnen settling down upon the public territory
without authority, and forming State. as the senator
himself. and the senator from Alabama Mr. kIkGl hun
self recognises with restricted limits, not quite 40 extern
sve as those contendng for
mean Also 10 call the attenlioa OF the Senate, and the
attention OF the senator from Georgia Mr.. BERRIEEl
particularly the great facility Of making constitutional
questions out oil questions OF mere expectancy we were
told the other day, constitutional question as to
whether should have representatives IN the other
House from California one iihat constitutional
question there in that II is question OF equity
what population they had The constitution says moth
ing about except that State shall have less thanone
member Ii does not limit the Of the discretion
of any power Of Congress to the granting OF any
number beyond one. The question OF California being
entitled to two, members, Is question OF
equity, and not IN the constitution Then there IS the
census. What Ia the ceDsusl There is evidence OF
high character any Of the evidences which satisfy the
human mind. founded upon human Judgment where
discretionary power exists, and just ample and salts
factory the highest kind OF evidence which the
wonld have given Now, with regard 10 the poPua.