The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-16


power at with the rights and interests Of ALT the
other States. This one objection which he en-
tertained to the admission of California. There
were others.
Have the people Of California complied with the
requisitions ofthe treaty in regard to the persons
entitled to vote! Whowere the voters on the adop-
ton OF that constitution, and for the members the
convention! Were they whites, blacks or Indians?
From what class of voters did this constitution
emanate There was no instance before in the his
tory OF the States, where Congress did not estab-
lish and define who should be voters in the terrific
res on the adoption Of State government No
State had ever been admitted to the Union, or had
been allowed to form State government, without
first having had census taken This was done in
Michigan, Iowa, Wisconsin, and Florida Never
before was State presented for admission, without
these three prerequisites having first been complied
with.
Iowa, it was true, had no power given to her by
an act Of Congress TO form State constitution
but when she came here with her constitution, she
had assumed certain boundaries, with which Con-
gress would not agree. She was refused admit
lance and sent back But in this very act Of send
ing her back to alter her boundaries in her consti-
tuition there was an implied that she might
sent given to her, but Congress passed an act
allowing her two representatives in Congress, and
this was an implied power to her to form State
government. Florida had applied for several
years for admission, and was finally admitted with
Iowa, under an agreement understanding that
one free and Que slave State should come into the
Union together In the case of Michigan, she had
an express promise to be admitted when certain re-
quisites were complied with
California presents herself for admission into tho
Union without any leave being granted for her to
! form State government without any census of
her inhabitants having been taken, and without
any definition regulation on the subject of vot-
ing; and he greatly feared that this was brought
about by the policy Of the Administration, which
was suggestive of this course. There had been an
effort to avoid the questions which this subject pre-
scented. To avoid the Wimot proyiso, the Terrific
ries had been left in state Of anarchy, and now
hnrA rVp~ ttNtst han
with the Wilmot proviso, for she comes here claim
ing rights and privileges which she has taken to
herself BY an open act of usurpation.
| II was in the power of Congress to adopt this
usurpation by retrospective act; but if you
ufy 1t in one case, you set dangerous precedent,
which will be set up in all times hereafter bind
ing on Congress.
Under such a precedent, Minnesota Nebraska,
Deserct, New Mexico, and several States to be
| formed out of Texas, will set up a convention,
adopt constitution. and claim right for admis
He had heard of kings exercising their power
| by creating new peers when votes were wanted,
but such power was nothing to the one which
such precedent will place in the hands of an Ex
ecutive OF this nation If so disposed Executive
| may, by his policy, create new peers-new sove-
reign States-whenever he may want their votes to
aid his Administration, and Congress will have no
power to check this thing, for the precedent once
set becomes binding.
He had no fears of the two gentlemen chosen
from California; one was a native Of his own State
already been vouched for as worthy of the seat in
this body he had objection to them, personally,
but ne would say to them that, if they do enter the
Senate, they cannotsdo it by breaking down the
barriers of the Constitution.
He had great fears of the temptation which power
afforded. The majority had upon them the respon-
sibility OF the whole matter. They must, in order
to satisfy the people. do something more than ad
hitting new States, presenting patched up COM
promises-they must do something giving greater
security to the minority than is afforded by such
! measures
The whole attempt to exercise the power of ex-
Guiding slavery was measure to obtain dominion
II Is to get the power forever to exclude the South
from office, and to take it all for section. 1t
was, ia effect, il accomplished, the to pass
an act declaring that no stakeholder shall hold
any office of honor or profit, unless he agree to
| terms OF subserviency to other interests.
Suppose war declared tomorrow, and it
was proclaimed that all the territory and other
property obtained by conquest to be given to
the -saveholding States; what man in the slave
States would take a commission to serve in such a
WARP Yet, in point of fact, not the very efforts
and the measures of the North to effect the
thing! But had the North no Interior end to ac
complish! Had the North no doctrine which they
desired to be now established, and which to
bind the Union for all time to come?
II was to establish doctrine that this thing was
persisted in. II was admitted by all that the Will
mot proviso was unnecessary. II was contcnded
that the laws OF nature and Of Mexico excluded
slavery, Why, then, was the .proviso insisted
upon! II was to establish doctrine which was 10
govern all future acquisitions This doctrine was
unjust and yiolative of the great principle of equal
ity. And were the South TO submit quietly when
such a thing was not only proposed. but positively
insisted on? Let the majority reflect upon this,
and say whether they require the South to yield all
ity.
He had opposed the acquisition of any territory;
he had predicted the evil consequences which would
| result from IL. But he hoped, and that sincerely,
that the majority would not force upon them any
thing which would be degradation for them to
accept
Mr.. BADGER said he would state some of the
reasons which would induce him to vote against the
admission OF California, under the present circum
| stances, and why he should vote against the in
structions to the committee. He had opposed the
acquisition OF any territory from Mexico and, when
the treaty was under consideration, had proposed
an amendment TO IL, which, If adopted, would have
| prevented that acquisition, and would have saved
the country from its present confusion and alarm.
II the Senator from South Carolina and one or
two others had voted with him that treaty, the
| acquisition could have been prevented
| Mr.. BUTLER said that when he had opposed the
acquisition OF territory, il before the time of
he thought the country was too far into the diff
Guilty and that the only way to get out was to adopt
the treaty.
Mr.. BADGER said that California presented her.
self here under circumstances vastly different from
any attending the admission Of any other State.
California had territorial government prior 10
the adoption OF her constitution, and this he con-
| sidered an important matter. Congress had the
| sovereignty OF the land. Michigan was admitted
without having had an act of Congress TO authorize
| her TO form a constitution, but Michigan belonged
TO that portion Of territory TO which guaranteed
the right of admission State, under certain cir
| cumstances, which had TRANSFERRED
| But California had no territorial government,
which was necessary in order TO know who was 10
be reprcsented-who was te be admitted into the
Union. The United States having the sovereignty
Of the land the consent OF Congress, the agents Of
the United States, was necessary TO the formation
OF State government by the people Of California.
IL was an act Of revolution their part-a wrcst-
ing Of the sovereignty from the hands Of the power
holding 1t by the Constitution and the provisions
| Of the treaty.
Mr.. b. then examined the different articles of the
treaty Of Guadalupe contcnding that, under it,
ticles, the people of California only to be adj
tted 70 tho rights and privileges Of American cit
liens when Congress should think IL proper 70 do
| So In considering the treaty, 1t had been main
tanned that Congress should retain this privilege Of
exercising its discretion TO the admission OF the
people Of California TO the rights Of the Amer
| lean citizens. The Senate, by very decided vote