The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-14
IN CONGRESS- OF THE U. STATES.


the admission OF the State OF California into the Union
the question pending being upon the amendment submt
ted on Saturday by Mr. TURKEY.
Mr. SOULE When, on last Saturday. the Senate
agreed 10 postpone the consideration OF tins bill, and TO
90 iuto executive session, was about to stale what
ground INTENDED 10 occupy with respect 10 the amend
meat upon your table Ii precisely the ground which
stood upon when ofered myself that amendment as a
substinie for much OF the defnnc compromise
lated to California then maintained, and
ser many incontovetb!e truths First, that the
useful Ms well as the eminent domain is an attribute and
imminent OF sovereignty; that II passes with Il when
the sovereignty Is transferred 10 anew sovereignty
unless il be retained by express reservation, and
thai il cannot be retained by any stipulation 10 which
the sovereign is not party. a. he by means
be bound by it, Secondly that any bill admitting prs
Stale into the Union places the public domain be-
yond the reach and control Of the federal authority, and
puts is future disposal the mercy of the State
il leaves i, optional with her to assent to epndiae
whatever res con is inserted in in the guise Of con-
dition otherwise. Thirdly, that such condition is
OF effect and validity, the State thus admitted is
party to it. and she have no knowledge OF
its existence until she has become an integral part OF the
Union, and sovereign in the highest sgncaion OF the
term And, f0urthiy, that Congress, by requiring nva.
raby from every new State which was ever admitted
into the Union either to conform her constitution 10 The
articles of compact, which, 10 the ordinance OF l7S7
made specific reservation OF the domain Tor specihc
purposes, to execute act OF REIMBURSEMENT OF all
y "
the doctrine that without such rearUoton or such re-
hnquishment, the domain would pass 10 the State.
Now, Mr.. President it will be remembered how utterly
the honorable senator from Illinois, Mr. DouGLAs,l
tanned though he was BY the powerful and msh,y hand
Of the distinguished senator from Massachusetts, Mr.
WEBSTER longer member OF this body, failed in his
attempt to overthrow the platform which had erected
My aTgumen remained unanswered and truly SIR il is
aaaaswsrable Were short q evidence e show ,ae
dwell with degree OF complacency upon the amend
ment made this bill BY the senator himself and invoke
its Terms in condemnation OF the course OF reasoning
with which he attempted to turn off the difficulty and to
shelter his scrues and the scuplcs VI his coaduors
The amendment read as folowsi
BE further enacted That said State Of Cal orna Is ad
mIed Into tho Union upon the express condition that the
leope the said State, through their Legislature or ohe
rauc land, within It's Ihnils and shall pass do
10 whe reby the title OF the United States and the
toned
Now, would like 10 know whether or not the distn-
guished MIR DouGLAsl places such an absolute
reliance upon the saving virtue OF his amendment as 10
ieel perfecHsecure against the danger OF California ever
interfering With the disposal OF the public domain Ii
r,coect Alright what he said on he as
suned thai" domain being OF the United States, could
pass to California unless II was expressly transferred
to her. Ii that assumption was correct the amendment
Of the senator is ngaiofy But sir the usually serious
grave, and weghty beating OF the senator seems to- ex-
clude the possibility that be would thus knowingly have
induged in thing shallow and unmeaning. Why,
then, did he move his amendment SI. can y nsfaiy
He could not have wished you to entertain m had he not
considered that might operate as protection and shield
against all possible attempts on the part OF California to
interfere with the public domain.
The amendment, therefore, obviously grants that the
domain might be in danger, II not secured by the res
inpotent to effect that which it attempts TO accom-
pish. What there in the bill that could pen the
domain except that California was al once admitted INTO
the Union without its having been previously secured
from passing with the sovereignty which the fret section
transfers from the United States TO heri Did notIhe
anxiety with which the mover pressed is passage
beiray vague apprehension, II not latent conscious
ness that unless The domain were protected by some
Legislative techncaliy. II would be gone, and gone Tor
eyeri Sir, IL may use figure OF language which has
NJ late hero nj much ash here there be
mysterious concealed under the forms oil This BILL
thar it is thus provided with sort OF heairng nos
trum Yes, sir, the is there; II can no longer be
disguised But the nostrum will mol cure IT, What
signify your express conditions as long az they are hot as
sented to by lhe party upon whom they are imposed
VIII they not be al his entire mercy! and VIII you not
have given up yourselves all peience 10 complain they
should not be complied wiihl California will have been
admitted State into The Union, and she will treat as
they well deserve be treated whatever restrictions you
may saddle her with. Knowing her rights she will not
is TO avail herself oil them But suppose were other
wse suppose Csiorns should abide by the conditions
iected the public fosds But the mines; have you Sc
cured any, the least particle OF the treasures bedded IN
their fSo mot 81 ha ye, yop ,Ss foua
domain nor absolutely ignorant o the condton IN which
il had been lett Dy the laws OF Meucowhose authority,
in the opinion OF your abest advisers and most aInea
iuriseonsus is 10 De paramount 10 thai OF the >tu
lion itself The mines, therefore, are also surrendered
What you, provided they pass TO The Norlht And
thus not only shall the South have 10 provide Tor her fu
proportion oil the purchase price OF California without
being permitted to approach lis borders with her proper
ty bui she shall not be allowed 10 derive the least CON-
pensaon from those channels through which the domain
Usually flows into the treasury and iron thence into the
peoples pocket Such will be the operation oil this bill,
40 lar as the public DOMAIN Is concerned VIII not ex-
pand my remarks upon this point any further. have ON
former occasion dwelt long upon Il that deem any
ulterior comments altogether unnecessary
The amendment OF the senator IRON Tennessee pro
poses TO restrict the southern limits OF California 10
30 deg 30 min. Mr.. President is II necessary that
should call your attention TO the fact that lew days
ago. this very chamber, there not senator found
but tho admitted that the boundaries of California
vastly too extensvei II was, indeed. admitted all
hands that they unnatural, exiravagan and impolI-
tic have not yet the senator who could get up
after such an admission, and say upon what ground he
enrancs into the Union threatens seriously shake
TO il very foundations the whole government She
has utterly disregarded the bourns which the mighty
hand of God has set TO her jurisdiction She claims
area Of territory far beyond tine alo'menis that
were ever made 10 any OF the new States that
were carved out OF territory belonging to the United
States Il laws the foundation OF an empire which
may either subver all balance of power IN the coun-
cils of1he nation, set at defiance your authority
iho seas which will hereafter command the com
mece Of the East Yet, sir, they are insisted on we
have the power in hands 10 coect the evl ana tne
majority unwilling set ,sclf 10 work and to satisfy
such moderate exgencies What be the objectl The
great object il TO exclude the southern States from All
these Territories, acquired though they were with Their
blood and with their Treasures well as with the blood
and treasure OF The other States That s the great OBJ
c II was found impossible at the two last sessions oi
Congress to inict the Wmo Proviso upon the South
and now called upon to fasien il TO this bill over
the shoulders OF California That is the object Cali.