The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-25
THE UNION.

one those who believe that the title OF Texas good
the head OF the river they w vote against r. sr HE
does not come % TO FL Paso al all These the two
classes We seemed TO be in the condition yesterday and
The day before and all along 10 argue that I'll Paso rs
The true point We now 20 100 miles above IT, And
then sir, while there was clam on the part OF some
that the country Texas TO the head OF the and
denied BY Others the proposition Tor il
Two al FL Paso Now the proposition is for us 10 go
up miles, aud cut in two there Ii should succeed
think that all those persons who have sent memorials
here, and resolves and petitions, for the acceptance OF
the bill it stood, should be permitted 10 withdraw their
petitions, their memorials, and their resolves, &c
But sir, this way OF dividing puts in mind OF what
happened IN OF the western States in the early
Element OF the States, and when there was statute in
force by which man, woman either, could swear 10
debt high five dollars Then the opposite party
could swear II of high five dollars The law
worked pretty well until this happened A
went before justice and high five dollars
as high he had right To swear and the other
that he owed nothing Then the justice split the differ
ence and gave judgment for two dollars and half
thereby making out that they were foresworn both
sides and that seems to be the way with regard TO
the opinions of both sides in this One says Texas
high the Red river another says she does not
own il at all and then split the difference and make
Out both parties in the wrong voted against taking
vote against adding 10000 TO the 10000 square miles,
including great number of towns and settlements, where
il is the spring on the last day OF February
The following are the remarks made by Mr.. FOOTE,
Friday last during the tendency Of Mr. KINGS amend
ment, and which necessarily omitted in report
Of that days proceedings, published Saturday and
Sunday:
Such is my exalted respect for the Intellectual powers
OF my Tend from Georgia. that have risen 10 PROFOUND
two questions relating 10 two portions OF his speech
which did not perfectly comprehend In the first place,
the honorable senator from Kentucky understands him
saying what must confess | did not hear him say
but as he has remained SILENT think II possible that the
senator from Kentucky was right understood the SEN
aor from Kentucky saying that he understood the SEN
aor from Georgia to be willing to vote tor the admission
OF California into the Union State provided her
boundaries could be restricted such he at
present desires they should be. My first question is,
therefore, whether the senator from Georgia would
be willing vote for the if restrict the bound
aries of California in the manner that he desires they
should be restricted.
| MIR. BERRLEN The senator will proceed to state his
| questions and will answer when he has concluded
Mr.. FOOrE. Then, as the honorable senator is not
willing respond once, feel authorized to take il Tor
granted that he is willing 10 vote for the admission OF
California provided we restrict her boundaries sufficient
Mi. BERRIEN. Not at all. am always willing to
answer any question, bat did concede to the cor
rectness OF that mode of interrogation lie states his
view OF senator's argument, and then makes his own
Mr.. FOOTE. All have TO say is, that have profit
ed badly by the example OF the senator from Georgia
heretofore who is quite in the habit OF propounding in
qures, and having them responded to the mode now
adopted by me- | understand now the senator from
Georgia implicitly admitting the fact that he would be
willing to vote for the admission OF California with re-
strcted boundaries Well, sir, let offer suggestion
two to him He says Congress cannot create State,
and that California is not now State. In this he may
be right not have opinion TO express upon either
point at present But suppose that the senator from
Georgia. cooperating with other senators, able to Sc
the admission Of California with restricted bound
aries, she will notwithstanding be admitted presume,
State OF this confederacy She must have become
State mode other before she could be thus
admitted. Now. would like TO know what would be
the opinion Of the senator from Georgia as TO the time
/ w hpn nj harn Nfafa hQn
such actually occurred Surprising that admission under
the circumstances named, TO have occurred,
let me ASK the gentleman 10 tel me hoo ana tSen
he would suppose this act of creating sovereign
State really took place The honorable gentleman con-
tends that the constitution OF California now null and
| void-not Uoiddbie--but null and void. Now, ii he is
willing 10 admit California with restricted bound
aries, let me ask when does he suppose, IN such a
case, vitality would be impaired TO that constitu-
! lion, to make that valid and operative which
is now a mere bully Can Congress, which has
pswer the gentleman insists to create State, give
lie and energy dead and null instrument, purpotng
| to be State constitution, which very constitution
establishes the State itself SUCH and is the highest
evidence of the of such Stae II Congress. can
thus create that somtuiing which without It's action
would be nothing, and that something - State consti
luton, and that constitution creates State, and De-
the highest evidence OF The existence OF such
State, confess that It seems to me quite reasonable TO
assert in opposition to the senator from Georgia, that
Congress may rghtfuly creGie State. ask, does II
least follow, from the honorable senator's argu-
ment that the very act OF admission iiset would be
equivalent 10 the OF creation Now, must say that
do not exactly with the gentleman in supposng
that the vitality OF the constitution OF State admitted
into the Union any be derived from the action
OF Congress regard The constitution of California as
vodabIe part. but not absolutely VOID III Cali
lorna shall not become State by action IN her be-
half the vitality OF her constitution will be in part de-
rived from the action OF the people of California them.
selves, and in part from action. Without the act OF
admission the constitution would fall to the ground
without the conventional proceedings which have occur
red in California Congress would have nothing upon
which to act with view TO the admission OF new
State
have another question which think the senator from
Georgi will find II still more dithcui 10 answer wish
to ask him whether he conceves that there any
whatsoever in which State may apply for admission
into the Union in which Congress look at all 10 the
question Of slavery that is TO say, whether in perform
ing the act Of admission IN going through the process OF
admitting State into The coniederacy IS competent for
Congress- any imaginable case, 10 al all, directly or
indirectly any shape form, into examination OF
the question OF slavery
Mar. MANGUM And found their action upon such
examination
Mr. FoOrE Yes, sir, and found their action upon it.
maintain the contrary The senator from Georgia, in
his argument understand IT, asserts not only that it
right, but duty to look into The constitution of
California 10 order to whether not she has exclu-
ded slavery from her limits insisting, be does hat II
we admit her she il, make ourselves responsible
for the exclusion Of slavery for which her constitution
has provided shall not attempt 10 this part Of
the speech OF the honorable senator prefer reading
what he said here upon quite memorable occasion,
and what said also By other senators Of equal
spectablity-
| Mr. HALE. call the senator 10 order.
| The PRESIDING OFFICER tMr Dickinson IN the
char) The senator will take his seat and lei the point
of order be stated.