The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-19


leaving them TO grow up Of themselves into futur,
States Now, what are the Senators, cifcuin
stanced. TO do with these bills conjonedy Vote fo
all and call il a compromise! as il oaths. duty
tions were subjects Of compromise. Mo- rejection
Of the whole is the only course and 10 begin anew
each bill by itself, the only remedy.
The conjunction of these bills illustrates all the
evils OF joining incoherent subjects together. i
presents a revolving enormity, Of which all the evils
go TO an innocent party, which has done all in it,
power to avoid them. Bot, not to do the Commit
tee Of Thirteen injustice, must tell that they have
looked somewhat to the interest of California in
this conjunction, and proposed n conpcnsating ad-
vantage to her; Of which kind consideration they
are entitled to the credit in their own words This
then. is what they propose for her;
"As for Californa--far from feeling her sensibil-
ity affected by her being associated with other kin
dred measures-she ought 10 rejoice and be highly
gratfed that, in entering into the Union she may
have contributed to the tranquility and happiness
hoped she may one day DO distinguished member -
This is the compensation proposed 10 California
She is to rejoice, and be highly gratified She is to
contribute to the tranquility and happiness of the
great family OF States, and thereby become tranquil
and happy herself. And she is one day. it is hoped
to become a distinguished member of this Confede-
racy. This is to be her compensation felicity and
glory Prospective felicity, and contingent glory.
The felicity rural-rural feicity-from the geo
graphical position of California-the most innocent
and nvigorating kind OF felicity The glory and
distinction yet to be achieved Whether California
will consider these anticipations ample compensa-
ton for all the injuries Of this conjunctionthe long
delay, and eventual danger, and all her sufferings
at home, in the mean time-will remain for herself
to say. For my part, would not give one hours
duration OF actual existence in this Union for a
whole eternity OF such compensation; and such, |
think, will be the opinion of California herself Life,
and present relief from actual ills, is what she wants.
Existence and relief is her cry And for these she
can find no compensation in the illusions of contri.
buting to the tranquility of States which al
ready tranquil the happiness of people who are al
ready happy, the settlement of questions in which
she has no concern, and the formation of compro-
mises which breed new quarrels in assuming to
settle old ones.
With these fine reasons for tacking Utah and
New Mexico to California, the committee proceed
to pile new load upon her back Texas next ap-
pears in the committees plan, crammed into the
California bill, with all her questions of debt and
boundary, dispute with New Mexico, division into
States, amount of compensation to be given her,
thrust in along with her! compact with one
State put into law for the life of another! And
veto upon the admission Of California given to
Texas! This is a mOnstrosity of which there is no
example in the history OF our legislation, and for
the production of which it is fair to permit the
mittee to speak for themselves. They say
"a majority of the committee recommend to the
Senate that the section containing these proposals
to Texas shall be Incorporated into the bill embrac-
ing the admission of California State, and the
establishment OF territorial governments for Utah
and New Mexico The definition and establish
ment OF the boundary between New Mexico and
Texas has an intimate and necessary connexion
with the establishment of territorial government
for New Mexico. To form territorial government
for New Mexico, without prescribing the limits of
the territory, would leave the work imperfect and
incomplete, and might expose New Mexico to seri-
Gus controversy, If not dangerous collisions, with
the State of Texas. And most, if not all, the
which unite in favor of combining the
G,rt Afsntc of Cal Gfata
the territorial bills apply to the boundary question
of Texas. By the union of the three measures,
every question of difficulty and division which has
arisen out of the territorial acquisitions from Mexi
co will, 1t is hoped, be adjusted, placed in train
OF satisfactory adjustment The committee, avail
ing themselves of the arduous and valuable labors
of the Committee on Territories, report bill, here
with annexed, (marked Al embracing those three
the passage of which, uniting them to-
gcther, they recommend TO the Senate"
These are the reasons of the committee, and they
present grave in law, both constitutional and
and of geography and history. They
Texas. No such thing. New Mexico belongs TO
the United States, and the controversy is with the
United States. They assume there is way 10
settle this controversy but by compact with Texas
This is another great mistake. There three
ways to settle il: first, and best, by compact;
by suit in the Supreme Court Of the
United States; thirdly, by giving government TO
New Mexico according 10 her actual extent when
that until the question of title is decided, either
amcably by compact, legally by the Supreme
Court The fundamental error of the committee is
in supposing that New Mexico is party TO this
uoversy with Texas. No such thing. New Mexico
is only the John Doe of the concern. That error
and all the reasoning of the committee
falls TO the ground. For the judicial power of the
United States extends TO all controversies TO which
the United States are party; and the original juris
dction of the Supreme Court extends TO all cases
10 which State Is a party. This brings the case
bang up at once within the jurisdiction of the Su-
preme Court, without waiting for the consent of
Texas, or waiting for New Mexico 10 grow up into
a State, 30 as 10 have a suit between two States;
and so there is no danger Of collision, the COM
mittee suppose, and make argument for their
bill, in the danger there il TO New Mexico from
This apprehended collision. If any takes place, il
will be collision with the United States, to whom
the Territory Of Now Mexico belongs; and she will
know how 10 prevent this collision, first, by offering
what is not only just, but generous, 10 Texas and
next In defending her territory from invasion, and
her people from violence.
These the for thrusting Texas, with
all her multifarious questions, into the California
bill; and, reduced to their essence, they argue
thus: Utah must go in, because she binds upon
New Mexico must 20 in, because she
binds upon Utah; and Texas must go in, because
she binds upon New Mexico. And thus poor Cali
ornia is crammed and gorged until she il about in
the condition that Jonah would have been in, If he
had swallowed the whale, instead Of the whale
'wallowing him. This opens a new chapter in leg
slative ratiocinaton. II substitutes contiguty OF
territory for congruity of matter, and makes geo.
graphical afiinites the rule Of Legislative conunc
lions. Upon that principal tho committee might
1ave gone on, crsmming other bills into the Cali
ornia bill, all over the United States; for all our
territory is binding in some one part upon another
Upon that principle, the District Of Columbia slave
rade suppression bill might have been interjectcd
or, though not actually binding upon Tcxas, yet
I binds upon land that binds upon land that does
bind upon her. So Of the fugitive slave bill. For,
ct the fugacious slave as far as he may, he
must still be land; and that being the case, the
territorial conuguty may be established which jus
ifcs the Legislative conjunction.
Mr.. President the moralist informs us, that there
ire some subjects too light for rcason-too grave
or ridicule; and, in such cases, the mere moraist
may laugh or cry, as he deems best. But not so
With the legislator-hs business is not laughing or
'rying. Whimpcrng, smpcring, is not his
nissions Work ia bis vocation, and gravity his
'en; and in that vein proceed to consider this i'm
crjection OF Texas, with all her mutifarious ques
ions, into the bowels OF the California bill.
In the first place, this Texas bill is a compact,
depending for its validity the consent of Texas,
md is put into the California bin part Of a
and general settlement Of all the sla-
'ery questions; and, Of course, the whole must
'tand together or fall together This gives Texas
veto upon the admission of California. This IL
unconstitutional, we'll unjust; for, by the
Constitution, new States are to be admitted by