The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-18
DAILY

uomhion OF the North! Sir, " seems 10 me that
we have given way to the North and its insttu-
tons every time the demand has been made-they
are willing to take all they get, and then re-
proach us with their forbearance. To ourselves
we have been untrue.
The remarks made by the Senator from Massa-
chusetts have presented the angle Of the subject in
controversy--what he finds to approve in the bill,
and his reasons therefor, find, in most particu-
lars, reasons to condemn. The gravamen Of his
argument is to admit California, and put the Will
mot Proviso in all the territorial governments,
whether there is real occasion for it or not; to
have the double security that he should have the
Wimot Proyiso established there, and free pop
ulation to maintainit provisions. Sir, when gen
temen go to that extreme, il certainly is necessary
that the rest of US should look to our interests
The Senator from Massachusetts and myself may
perhaps vote alike upon this bill; but we shall
certainly do so for very opposite reasons.
| The questions thus present themselves through
our different views He is for admitting Calif0r-
MIA into the Union she presents herself, and for
the reason that her constitution excludes slavery.
| am against her admission, because she comes be-
fore us in shape not to be recognized as entitled
to the rights of sovereign States within the Con-
stitution, but in violation of its intendments and
the practice under it. He is not willing to give
territorial government to Utah. unless It shall, in
express TERMS prohibit slavery; he conceding that
slavery is already excluded by Mexican laws.
am in favor Of giving to Utah the usual territorial
government, leaving the people, when they can
righfuly deliberate on their constitution, to form
such one as they may think proper He is for
admitting the inhabitants of New Mexico to come
into the Union at once, under claim of appropri-
ating land claimed within the limits of Texas
and for the reason that their constitution will ex-
clude slavery. / am for maintaining the rights of
Texas, and resist her ACKNOWLEDGMENT under such
| unauthorized legislation; but am willing to give
New Mexico an ordinary territorial government,
slave territory to be converted into free territory,
for the purpose of making State to keep a cotton
population in order These are the positions of
Of the Senator and myself, as far as we may thus
become the exponents of the different sides Of the
issue in which we find ourselves involved In the
| course of my remarks, | propose to state my
views on these points, and shall pass to them pre-
| sently
| proceed to the bill, it has many Objectionable
features. object it, because Of the attitude of
California, and her claim, and the assertion of
right on the part of some, that she should come
into this Union under an adoption of all her ir-
regularity, and which, as it appears to me, is
founded on state Of things which are unparalleled
in the history of this country. And lay down
the proposition broadly, so far as | have been au-
| thorized to make it from my previous examine
ton, that no State has ever been admitted into
this Union that has not undergone transition
from territorial to State government : not one
federacy of State coming into this Union that
has not gone through the process or passed by
the transition from territorial to State Govern
ment
A SENATOR. Yes, Texas.
| Mr.. BUTLER. Imean under the Constitution,
and out of territory belonging to the United
States; for regard Texas as having been admit
ted as a foreign State, under the treaty making
power-as community that had a separate exis-
tence, and could assume lawfully an adversary
relation--as a political community over which we
had no previous dominion. Under the war power
the government may effect ends not contemplated
by the Constitution. The eaty-making power
may have brought within its scope that which,
was not intended by the Constitution; but if you
resort to know of no limitation; it is Him
liable in its means; and think the treaty-making
power may perhaps be subject to the same re-
mark. " 0
Butt go further in connection with this subject.
There are but two States in the Union that have
ever come into it except by the previous permits
sion of Congress that they should call a conven-
ton and form State constitution, and these are Mi
chigan and Arkansas, for, as it regards Kentucky
Tennessee, Vermont, and others, they did no
come in by an independent assertion Of right bu
by the previous consent of the States Of which
they had formed a part, and by the consent o.
| Congress recognising such arrangement and par
tition. They derived their authority to become
States from the consent of other States, with the
exceptions referred to, so far as have examined
the subject, and came into the Union by the pre-
yious permission of Congress to form State con-
situations. And when California comes here to
be the first to be admitted into the Union without
either Of these prerequisites, it is time that we
should inquire into the policy which has heretofore
influenced us, and also into the policy which might
necessarily flow from it. Sir, l have no feeling
against California
1t is not that love California the less, but that
| love the Constitution and the country more. II
is through her that new and dangerous elements
of policy are to be introduced, in the making,
moulding, and admitting States into the Union
Her situation now and her relations hereafter will
make striking and momentuous chapter in the
history Of the country. 1t is not that j oppose
her admission because | attach moral blame to
! California. will go to that extent. | will not
60 so far to say that California was not author
lied to form some code of laws for her govern
ment. the distance they were from this Gov
eminent, and being neglected by the parent Gov
eminent, it would have been unnatural to with
draw from them the right Of self-Sovernment, SO
far as to prevent their making such laws as
were necessary for their safety and convenient
ganizaton They were reduced to the neces-
sity Of revolution, or to make such laws would
protect them till the United States could do for
them. But the doctrine maintained here, that the
people of California had right to assemble in
convention form a constitution, and invest them
selves with the attributes of State sovereignty, is
a doctrine which may lead to consequences far be
yond the present exigency, and confer rights
which we cannot control, such as have been indi.
Gated by my friend from Louisiana. For, if they
! have the right to make State constitutions they
can claim through that, and not through your
grants or reservations. Once recognise their exis-
tence as State, and they may deny all the condi-
tons which you have annexed without their pre-.
vious consent. Have any number Of inhabitants
a right to go and settle on the public lands, and
shape out for themselves their empire, and make
to themselves empire by their own voItion and
spontaneous assertions Of sovereignty Has a
State-Texas for example, right to go beyond
her own territory and appropriate territory which
does not belong to herr Ii is admitted a State
cannot do this it cannot extend its jurisdiction
over territory not within its own limits, and such
as were assigned to her.
Suppose Territory should do this. Suppose
Minnesota should go over the river and appropri-
ate more territory than had been assigned to her,
and that the people should meet In convention
and solemnly declare that this extension was
necessary, is there any one who would hesitate
to deny her right to t' But is said State could
/ ~ n