The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-05

was admitted the practice was uniform Territorial gov
srnments were first organized BY Congress The gov
eminent OF the United States appointed the governors
indges secretaries marshals, and other officers and the
Inhabitants OF the Territory were represented BY legisa
i've bodies. whose acts were subject to the reysions Of
Cong This state OF things continued until the gov
eminent OF Territory applied to Congress TO permit its
inhabitants TO form constitution and government, pre-
paraory 10 admission into the Union The preliminary
act TO giving permission was, 10 ascertain whether The
inhabitants were sufficiently numerous to authorize them
to be formed into State This done by taking
census Iha! being done. and the number proving sai
all the prelimnarieshe time and place OF holding the
conventions the qualification OF the voters establishment
settled previous to admission. The act giving permits.
sion necessarily wthdraws the sovereignty OF the United
States and leaves the inhabitants of the ncipent State
free to form their constitution and government,
the original States OF the Union after they had declared
their independence At this stage, the inhabitants OF the
Territory became for the first time people, in legal and
old OF Congress- called inhabitants and people
All this perfectly consistent with the sovereignty OF the
United States. with the powers OF Congress, and with the
right OF people 10 self government.
Michigan was the first case in which there was any
departure from the uniform rule II acting. Hers
very slight departure from established usage The ord
OF 1857 secured 10 her the right OF becoming
State when she should have 10000 inhabitants. Owing
TO some neglect Congress delayed taking the census In
the time her population increased, until clearly
exceeded more than twice the number which entitled her
to admission At this stage, she formed constitution
and government without the being taken by the
United States and Congress waived the OMISSION as there
doubt she had more than sufficient number to
entitle her to admission She was not admitted al the
first session she applied owing to difficulty respect
regularity to her admission took place at the next SEES
sion, but point which can have possible connex-
ion with the OF California.
The irregularities in all other cases that have since
Cured are Of similar nature In ALL there existed terri.
toal governments established by Congress- with officers
appointed by the United States In all, the territorial
government took the lead in calling conventions and fix
ing the premnaries preparatory to the formation OF
constitution and admission into the Union. They all
recognised the sovereignty OF the United States and the
authority OF Congress the Territories and wherever
there was any departure from established usage, 1t was
done the presumed consent OF Congress, and not in
defiance OF ts authority or the sovereignty OF the United
stands alone, without usage, or single example 10 cover
her case.
you will act in reference TO this unprecedented transac
ton The Executive has laid the paper purportng to be
the constitution OF California before you, and asks you
to admit her into the Union State and the question
is, will you or will you not admit her II is grave
question: and there rests upon you heavy responsibility
Much very much, will depend upon your decision u
you admit her, you endorse and give your sanction to all
that has been done. Are you prepared TO do 500 Are
you prepared TO surrender your power OF legislation for
the Teoriesa power expressly vested in Congress by
the constitution has been fully established! Can
you consistently with your oath to support the cons-
ntlon surrender the power Are you prepared to admit
that the inhabitants Of the Territories possess the soyer
may claim any extent OF territory they please, may form
constitution and government and erect 1t into State,
without asking your permission Are you prepared to
surrender the sovereignty OF the United States what
territory may be hereafter acquired to the first ad
venturers who may rush into III Are you prepared
surrender virtually to the executive department all the
powers which you have heretofore exercised the
Territories? Ii not how You, consistently with your
duty and your oaths to support the constitution, give
der pretended constitution and government Again,
can you believe that the project of constitution which
they have adopted has the least validity Can you be-
California No; there is no such State II has no le
gal or constitutional existence. II has validity, and
can have none, without your sanction. How, them can
you admit il STATE when, according to the provision
Of the constitution. your power is limited 10 admitting
new States? To be admitted, it must be State,
sng State independent OF your sanction before you can
admit IT. When you give your permission TO the inhab-
,ants Of Territory to form constitution and State,
the constitution and State they form derive their author
iy from the peoples and not from you The State before
the act of admission, would be the with Cafor
MAJ should you admit her contrary 10 constitutional pro-
visions and established usage heretofore
The senators on the other side OF the chamber must
permit to make few remarks in this connexion par
tculary applicable to them with the exception OF few
senators from the South sitting on that side OF the cham
ber when the Oregon question before this body not
two years since. You look (f mistake no universally
the ground, that Congress had the sole and absolute
power Of egsating for the Territories How, then, can
you now, after the short interval which has elapsed,
abandon the ground which you took and thereby vrtu
ally admit that the power OF legslatng instead OF being
in Congress- is in the inhabitants OF the Terroresl
How you justify and sanction by your votes the acts
OF the Executive which in direct derogaton OF what
you then conended for But, to approach still 10
the present lime, how you, after condemning, little
more than year since, the grounds taken by the party
which you defeated the last election, wheel round and
support by your votes the grounds which, explained
recently this floor by the candidate OF the party in the
last election identical with those which the Ex-
ecutve has acted in reference TO California; What are
we to understand by all this Must conclude that
there no sincerity, faith in the acts and declarations
OF public and that all is mere acting hollow pro-
fesson Or TO conclude that the exclusion oil the
South from the territory acquired from Mexico IS an OBJ
ect OF so paramount character IN your estimation, that
right. justice, constitution, and consistency, must all
yield. when they stand in the way oil our exclusion
But, may be asked, what IL 10 be done with Callfor-
MA should she not be admittedl remand her
back TO the territorial condition, done in the
OF Tennessee in the early stage OF the government Con-
gress in her case. had established territorial govern.
ment in the usual form, with governor, Judges and
other officers appointed by the United States. She was
entitled under the deed OF cesson, be admitted into the
Union as State as soon as she had sixty thousand in
habtants The territorial government, believing il had
That number, took census by which appeared IT ex-
ceeded H. She then formed constitution and applied for
admission. Congress refused TO admit her. the ground
that the should be taken By The United States and
that Congress had not determined whether the territory
should be formed into two States. IL author
lied to do under the cesson She returned quietly to heI
by the United Slaics containing provision that the Ter
ritory should form one State. All afterwards was regu
larry conducted and the territory admitted State in
due form The Irregularities in the OF California
UNNECESSARILY greater and Oder much stronger foi
pursuing the same But, IL may be said, Caor.