The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-25

lion and constitute herself State, What right did she
exercise under the pFcexlsing authority q Congress
TO which its subsequeng legislation that which y now
proposed 70 us--migbt relate back and give validity
An unoTganzed body Of men, ibe majority Of whom
were inrudIDg on the public domain, and many Oh them
were transient occppans Of it have assumed y them
should extend over considerable pan q thai public Do
main What right had they 70 which this doctrine Of 70
isuon coad apRly Ihs umost right.hsic spr,ng.ng
was % form provisionai npyernnenL The comparison
does Injustice 10 Indiana. and 10 every other Stale whose
constitution has been formed under the authority OF
word on he subject q the doctrine Of relation. Il
s certain that subsequent act may relate 10 an aniece-
dent one 70 remove distractions 10 the enjoyment
which has been done aus ytAo,a authority
But how this principle be applied TO the case OF
California 90 a. 70 remove the conslutonai objection
10 the election Of her senators and representatives ~
time when she not authorized under the constitution
70 elect them The people Of that territory had no
right to erect State, the detective exercise q which
could be rendered valid by the subsequent action OF
Congress, on this principle Of relation The vast major
ity oil them had interest in the soil, which, on every
principle Of public law s inseparably connected with the
act OF sovereignty which they attempted 10 exercise IN
forming constitution and State goyernment-no right
the of which be rendered valid BY
this nothing 70 which this act on the principle o.
Neither ID this OF agency, assumed without au
hory which the subsequent assent OF Congress might
Dc supposed to confer ana thus to give validity e the ac
OF California, TO make operate from its date The
constitution was not formed BY the people o. that Terri
tory as agents or representatives Of ne Untfd Safes
o me- derive derived om the neglect Of congess q
provide government for them. They do not come
before us as agents, asking that an authority as
sSmed eu. not conferred may now bs issos ,nss
claim ID be a State, and ask admission as such INTO
the Union II they do not constitute State anterior to
your act Of admission you have right TO pass il
FIJI tha nj
admit new States, not to creafe them and California 's
what she CLAIMS 10 sorergn STATE created so by hfr
own act and independent q yonr authority 81 you must
propose in and the bill 10 create STATE, and to
admit thai State into the Union.
When Congress. IN the exercise q the superntending
woe hsy
to the people of such Territory the right 10 form constr
tuition and State and declares that on the for.
nation Of that constitution they shall become State Of
the Union, all that is necessary is that it should be
formed, and be such constitution as our own requires
that is, that should be republican that people i'm
mediaely become State. The subsequent recognition
OF their acts BY The customary resolution necessarily
fers TO the preceding act which they had authorizes and
does nothing Than acknowledge its conformity 70
that authority The Territory has become State by vir-
tue of The precedent authority, and is competent 10 do
any act which State may perform But when the ati-
thory Of the United States usuped BY the people Of
validity to the proceeding from the date OF their act and
senator's and representatives previously elected, are
herfore elected BY Tie Legislature and people OF
The question being the amendment OF Mr. BER.
RIEN--
Mr.. DAVIS. Of Massachusetts. would like 10 have
| the question divided.
! Mr.. BERRIEN. call for the yeas and nays,
! The yeas and nays were ordered.
The question then taken the first part OF the
amendment strike out the word "two" in the fourth
line OF the second section and insert the word one,
and resulted as follows:
YEAS-Messrs. Badger, Berrien. Baer. Foote, Hunter
King, Mason Morton, Pearcr Russ bas,ans and Soale
IL
| 'NAYS-Messrs Baldwin, Bell Benton, Bright, Cas-
Clarke Clay, Cooper. Corwin, DAVIS Of Massachusetts
Dawson, Dodge OF Wisconsin, Douglas, Downs, Fetch,
Greene, Hale. Hamn, Houston, Miller Norris, Pneps.
Pratt, Seward, Shields, Spruance Surgeon, Underwood
Uphan Wales, and Waker-3i.
So the motion to strike out not agreed to.
The question then required on the second portion oi
the amendment to add the end Of the second section
the following
the Congress United States, shall DO chosen by the
legislature and people OF said State, after the passage Of
this act.
The yeas and nays, having been ordered, resulted a.
follows:
YEAS-Messrs Benien, Buter, Davis oil Massachusetts
Dodge Of Wisconsin, footc, Hunter Mason Moon Peace
Rusk Sebastian, and Souie-
NAYS-Msssrs Badger Bell, Benton, Bright Cass.
Greene, Hale, Hanin, Houston, Miller, Norris, Phelps.
Pratt. Seward. Shields, Spnance Sturgeon, Underwood
Upham, Wales, aud Waiker-2s.
So the amendment was not agreed to.
On motion, the Senate adjourned.