The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11
THIRTY-FIRST CONGRESS.
FIRST SESSION.
TUESDAY,, September 10, 1850.
s r N A TIE ,

THE CREDENTIALS OF THE CALIFORNIA SENATORS.
Mr.. DOUGLAS presented the credentials of the
Hon. WIN. NJ GwIS, Senator elect from the State
of California, which read
Mr.. BARNWELL presented the credentials of
the Hon. john c. FREMONT, Senator ele CT from the
State of California
Mr. b said that it was well known that he was
one of those who had strong constitutional objec-
tons to the admission of California. But the ad-
mission OF Col. FREMONT could not be to him any
thing but personally satisfactory.
Mr.. DAVIS, OF Mississippi, said that were he
governed by feelings of courtesy or of party be
would not make the motion he was about 10 sub
nit. But he could not believe that the require
ments Of the Constitution with respect to the cleo
ton Of Senators had been complied with in this
case. He therefore moved the reference OF these
credentials to the Committee the judiciary, with
instructions to report the law and the facts.
MIR. DOUGLAS ssid that all the preccdents were
in favor OF the admission of the Senators.
MIR. FOOrE said that he would vote against the
reference Of these credentials. This subject had
been fully Investigated heretofore. Although he
had the highest respect for the ability and capacity
Of every member Of the Judiciary committee, still
he could not believe that, had the committee ten
times the ability they possessed, and should con
slider the subject for twenty centuries, they could
throw any new light upon IT,
Mr. DOUGLAS remarked that at the end OF the
twenty centuries the report Of the committee would
hardly change a vote.
Mr. TURNEY said that the Constitution express
ly requires that the Senators shall be chosen by the
legislatures of the States. No one would contend
that California a State at the time these Sena-
tors were chosen. lie in favor of the reference.
Mr.. MASON supported the reference.
Mr.FOOTE said that some of those who now OBJ
icct TO the admission of the Senators from Calior-
MIA were willing, i'm case Of restriction OF her
territorial limits TO admit the State with her Sena-
tors.
MIR BERRIEN and Mr. MASON disclaimed hav-
ing ever been in favor Of such a course.
Mr.. CLAY said that, prior to yesterday, Cali
fornia State de facto, out Of the Union. BY
a.. q Of her
into the Union, and it's approval by the Executive,
California was now a State in the Union, and was
entitled TO equal rights and privileges with the
other States. One Of these rights and privileges
was that of being represented by two Senators
lie clearly of opinion that the Senators should
now be admitted.
MIR. DOUGLAS was Of the opinion that the re-
coguiton by Congress Of the State OF California
related back to the time when that State govern
ment was formed
Mr. DAVIS, of Mississippi, modified his motion
so to read as follows:
Resotped, That the credentials Of WILLIAM NJ
GwIN and JOINS &. FREmoST, presenting them
selves az Senators elect from the State of California
be referred TO the Committee on the Judiciary
with instructions 10 report on the law and the
facts.
And the question being taken thereon, the motion
was rejected, as iollowsi
YEAs.-Messrs. Atchison, Barnwcl, Berricn,
Butler, Davis Of Mississippi Hunter, Mason, Nor
ton, Pratt, Sebastian, Soule, and Turney-l2
Bright, Cas-, Chase, Clay, Davis Of Massachusetts
Dawson, Dayton, Dickinson, Dodge of Wisconsin
Dodge Of Iowa, Douglas, Downs, Ewing, Folch
Footc, Greene Hamin, Jones, King, Mangum
Norris, Phelps, Seward, Shields, Smith, Spruance
Sturgeon, Underwood, Wales, Walker, Whitcomb
and Winthrop-3b.
ADMISSION or THE cALIroRNIA SENATORS.
Messrs. Gw1S and FREMosT then appeared, tool
the usual oath, and were assigned seats.
Mr.. BARNWELL submitted the following reso-
lutions, which were adopted.
Resoived, That the Senate proceed to ASCERTAIN
the glasses in which the Senators of the State %
California shall be inserted in conformity with the
resolution Of the l4th May 1859, and as the Consti
tuition requires.
Ordered, That the Secretary put into the ballot
box three papers Of equal size, numbered one, two
three each Of the Senators OF the State Of California
shall draw out one paper. No. ], II drawn, shall
entite the member to be placed in the class Of scna
tors whose Of service will expire the third da
Of March, 1851 No. 2, in the class whose terms
will expire the third day OF March, 1859 and No.
IN the class whose terms will expire the third day
OF March, 1856.
The ballots being prepared as directed under the
last resolution
MIR. CwIN drew the ballot marked no. 8, and
Mr.. FREMONT drew the ballot marked No. ].
So the term Of Mr.. FREaoNr will expire on the
9TH Of March, 1881.
And the term of MIR. GwrN will expire on the 9TH
of March, 1853.
Tue cLAIs or ROBERT L. BLAIR.
Mr.. BELL submitted the following resolution,
which was considered by unanimous consent, and
agreed to-
ResoiUed, That the Committee on Military Az
fairs inquire into the justice and propriety Of pay
ing the claim Of Robert l.. Blair, for the transport
alton Of two companies Of volunteers from Jones'
borough to Knoxville, in the year ls47
POST ROUTES IN CALIFORNIA.
MIR. FREMONT submitted the following resolu-
ton, and asked its immediate consideration. The