The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-07

,he syen,aa establishment of new States to have
been overlooked BY the trainers Of that instrument"
II was only the last ses ion OF Congress tnal prop
osit;on was made 10 admit Califonathe whole OF Cali
fornaas one State and the whole matter was referred
to the Committee the Judiciary Upon that question
The learned senator from Georgia Mr. BERRIEsI made
report and upon this very questionhis very power OF
Congress to create States. l read from that re-
port;
The power conferred by the constitution Congress
theory government the creation of State is
ofpopalar sovereignty not Of ordinary legislation by
sembled in convention that Il is created .
That doctrine, believe met with the appreciation of
nearly the whole Senate. II certainly Is doctrine to
which fully subscribe Il is the doctrine Of the consti
Mr. BERRIEN. (interposing Is it the purpose OF the
senator TO dednce from that report the inference that it
was the opinion Of the Judiciary Committee that i be-
longed to the Territories, without the sanction OF Con-
gress, to erect themselves into Sates II he msun
derstands that report The soveegnes, in the view OF
that committee only become incpient with the author
izaon OF Congress to form constitution. When that
authorization Is Obtained, then, and not until then, the
Territory proceed to act in the erection Of State and
the formation OF government and constitution.
Mr. HAMLiN. do not think that there was any me-
cessity for the honorable senator from Georgia to inter-
rupt me speak in all kindness was not speaking OF
the power OF the Territory to erect territorial OF State
notbut Of the power Of Congress to create State
government | quoted the report made by the sena
tor from Georgia for that and for other purposes but
declare that find in il such explanation that which
the senator has Just fit 10 give II Is the un
doubted right OF the senator from Georgia TO make what
ever explanation he may deem hit; but the report
itself nowhere ams denies the power Of the people Of
the Territories TO erect themselves into State, without
the previous assent Of Congress nor does i claim that
such assent must be given That belongs to the expana
ten OF the senator from Georgia.
Mr.. BERRlEN. That was not the question before the
committee 1t was whether unauthorized body could
Mr. HAMLIN That report has been quoted for the
purpose have already stated but propose to inquire
the very point which the senator from Georgia has
suggested in his interruption.
Ny first proposition s that Congress has not the pow
to create State My second one Is, that the people
Of this Territory have. Congress having failed 10 make
territorial government for the people OF that Territory
il is clearly within the power OF the people inhablting
that Territory State governments they have
done, and present their constitution here, and ask TO be
admitted into this Union as one OF the sovereign States
They the persons who are 10 act not us; they are
the persons more directly interested, and who have
this power. We have none California has acted from
right well as from necessity; The people OF that
ly, under that right, there was a necessity for
exercising it. We have been told within these halls,
that we have no power to create territorial government
That is doctrine Another 49, that the people OF the
Territory have power to erect themselves into State
Taking both propositions and presenting them 10 the peo-
pie of the Territory, in that manner are they TO institute
government, or in what manner they to become a
part Of this Unoni We speak sir, just praise Of the
character OF countryts influence upon other nations
aad other peoples but TO my mind there is no one single
lea.uIs N al OUT o. II s es'oy Gse, na
one incident in the whole history OF our people, or our
government OF which may be more justly proud than
the institution q hs govesnmsnt n IaGfnia % among
ally without law. And when il was declared that the
bowe-knfe and the revolver would be the common law
OF the land, they in obedience to The institutions un
der which they had been taught to understand that
they were responsible pau--in obedience 70 these
lessons OF civil government and the rights of man,
which they had learned while citizens OF the States,
they assembled themselves together and from that neces
sity which existed erected themselves into State.
II is OF the finest features OF our government No
other people upon the face OF this globe thus brought TO-
gether those who have been educated in our States
and who have been made TO know aud feel that they
constituted part OF the State itself. would have ever
thus formed themselves have the people OF CaIfor-
mia, into State Without that education and training
which they have received in the various States from
which they went il would have been true that the re-
vover and the bowie-knife would have been the COM
mon law OF that land.
Now sir hold that the people OF that Territory have
by the law OF natureby thatlaw which God gave man
right form themselves into government Tor the pro-
lection OF lie liberty, and the pursuit OF happness oar
government is based upon that right its foundations are
laid deep and broad that principle II was ~ the as
sertion Of that rghhe right OF the people to segovern
menlthe right TO institute government to suit them
selvesa government which should protect them in their
lives, their liberty, and their properyi was in the re-
cognon of that principle that the first blood OF the revo
luton ertlized the soil OF Lexington II was in recog
signed ID in recognition OF that very principle that
our government, great and broad and extensive as u.s.
was reared; and il is by the recognition OF that prnc
pie that il is at this day sustained Sir allow me TO
read from the chart OF liberties the Declaration OF
Independence.
swe hold these truths be sellevident that all men
created equal that they endowed by their Creator
with certain unalenablc rights that among ihes9 are e,
beny and pursuit Of happiness that 10 secure these
rights governments Instituted among men, deriving
whenever form OF government becomes Destructive o.
end Is the right Of the people alter or TO abolish
aud institute government laying It's foundation
such principles and organizing rs powers IN such orm
as to them shall likely effect their safety and
happiness"
Il too late in this day TO conroven or TO deny these
doctrines So strongly have these principles been cher
shed in the hearts OF people, that in almost every
State in this Union they have been incorporated as the
fundamental principles OF the State The senator IRON
him right, controverted and denied these proportions
Allow me to read, sir, from the constitution oil Ala
bama
Al political power s inherent In the people, and all Tree
are founded their authority and instituted
Tor their benefit and thereiTc they have NJ all times an
h their OF in such manner as they may
think expedent"- Constitution OF alabama
"That all power 10 inherent in the people, and all free
governments founded their authority ana nsu, ,eu
off these ends they have, all times an unquained
right alter reform, abolish their government IN suo
manner they think roper"Consfifsfton o arSansas
IAN power Is Inherent in the people AL free govern
their benefit They heve therefore, iualienabe ana IN
defcasbe right TO institute government, and 20 a.er ~
form, or totally change the same, when her saeV ana
Massachusetts,, New Hampshire, Vermont, Connecti-
cut, pennsy Delaware, Maryland Virginia, North
Carolina. Kentucky. Tennessee Ohio Indiana. Missis.