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


Csiifornisns who have elected TO become citizens who
ere too few in number TO constitute State and shose
deriving title from them, are mere invaders 81 the public
But the Argument Is. that those are irregularities which
ought 10 BE- overlooked because Congress has failed to
provide iGs a'' u h Now ST,
acquired o% Mexico ,is sPssosy during ~ he s~o I
s yss GO nj,
those who were chiefly instrumental in preventing the
fuhlment Of tina! duty But DO not go back into the in
quiry 10 whom that failure il chageabe because am
willing for the purpose oi this argument to consider
omission OF the constituted authorities oil the Uni
ted States. But what then Is the United States bound
ure 81 its own Legislative authority And can the
intrusion OF any Individuals in express opposition
% an existing law Of the United States, which made
by the military force OF the govefnmeat--can the
entry OF any given number Of citizens Of the United
States upon the public domain have made II obligatory
upon the legislative department OF the United States 10
dispose Of i BEFORE in their Judgment i was proper 70
do and in any other mode than that which they should
deem proper Did this intrusion strip the United States
inruders right to establish State government I am
willing, however, for the purpose Of the argument, to
concsde that certain proceedings which have occurred in
this Territory looking 10 the condition in which il now
is, shall be considered irregularities which may be
overlooked. But, sir there is wide distinction between
irregularities in the course Of proceeding like this
pshng great object and violations of the constitution
OF the United States which we not permitted to
look in the ful6ment Of constitutional duties. The
questions therefore, presented are in the rstpace. what
has been the of Congress hitherto in the admis
sion OF Statesi Secondly, what Irregularities
which may be overlooked, and constitutional require
ments which cannot be dlsregardedl Thirdly, who
those who claim from US this unwonted exercise OF pow
err propose very briefly TO touch those questions, and
then TO leave the subject 10 the consideration OF the Sem
ate.
The first inquiry is what has been the course Of Con-
gress IN the admission OF new States IN considering the
proceedings preliminary to their admission And say,
sir that with the exception OF Vermont and Texas whose
condition have before stated TO you, and other
cepton, which will hereafter note, in regard to all
those States which have been formed out OF the public
domain Of the United Staes OF two has been
pursued with reference TO this particular question Either
State has been admitted into the Union in virtue Of
precedent act Ct Congress authorizing the admission and
then her senators and representatives have been chosen
after she had become State under the authority oil that
precedent ac in the absence of such precedent Of
Congress, when Territory has assumed 70 herself and
under her territorial organization, the right to form
State constitution, (Which has been done in various
stances her senators and representatives have been uni
Ortnly elected after her admission State, and the
recognition Of the authority which she had assumed
desire 10 be understood upon this subject The constt
onal objection which presents itself TO my mind is thai
the legislature and people oi Tsryiory and not b. lie
legislature and people OF STATE required by the
stituon of the United States, to which the usage under
this government has conformed from the beginning.
The proposition which assert according to my best
belief is, that an examination will show that, with the
exception Of the State Of Michigan, one be
found in which senators and representatives have been
elected anterior to the admission OF State unless there
has been precedent act of Congress authorizing the
people Of the Territory to form constitution, Such an
act has in every been passed prior TO the formation
OF constitution OF the State else the representatives
and senators have been elected after the State adj
mitted into the Union, with the single exception which
have mentioned.
statement prepared by an officer of the Senator whose
accuracy all will acknowledge, shows that Vermont,
kentucky, Tennessee, Ohio, LOUISIANA, Maine, Arkan-
all a IectQd fha
senators after their admission into the Unions that Ind
ana, Mississippi, Illinois, Alabama, Missouri and Mich
sss o %saa
ihorisins the formation q State soyera%sn ss and
respective Territories, acting under this congressional
authority, had become States In all these The acts
Of Congress authorizing the admission of these Terrific
on Of their respective constitutions, further legsa
ton by Congress being deemed necessary but simple
resolution recognising the fact OF their having complied
with the provisions Of the act We find, them that the
usage OF the government heretofore has been have
stated IL With tie exception, them OF the State of Mch-
gan, there is State in which such course
now proposed has been adopted. am aware II may be
said that this bill does not provide for the admission Of
these TO take their seats in this chambers that
that question will be kept open for the decision by the
Senate that ii majority OF It's members shall decide
that these senators have been consttutonay elected
their application will be Denied and that the provisions
Of the constitution may thus be complied with.
briefly, that the gentlemen who have been elected
tors do not stand upon that footing Of senators elected
Territory, in consequence OF such Territory having con-
sttuted itself State The election of these senator's is
provided for in the constitution of California II part
OF their consutionof that constitution which has been
sent to us and upon which we are required to admit her
into this Union. Ii has been duly notified to The
bill refers to il, and thus adopts it, II il contains any
provisions which conflict with own, il is fit that they
should be repudiaied, and repudated The pfovs-
ion for the election OF senators consider TO present such
concone which ought, in fairness, to be met at this
time. II this bill should pass, admitting California
State, without notice TO us that her constitution
and that they have been elected in conformity with its
requirement sustained the proceeding will be by the
precedent in the case OF Michigan, the Senate will, |
think have committed itself upon the question il will be
called to decide, and will have furnished strong, not
an irresistible argument for the allowance OF the claim
OF the applicants BY proceeding hch cons,d-
cred NOT TO be proper subject for discussion II
the senators and representatives shall be elected by the
legislature and people Of California, after the passage OF
this ACT and when by its passage the Territory shall
have become State oil this Union authorized in terms
of the constitution to elect representatives TO Congress
Such Is the 10 be given 10 the suggestion that
right OF these senator's to their seats in this chamber that
this question will be still open to the discussion Of the
Senate; that II majority shall 90 determine, those
gentlemen will be again referred back TO their legisla-
ture
DESIRE moreover to submit to the consideration OF
senators the inquiry, why any one member Of this
body should be forced to abstain from voting for
adopted. means Of harmonizng the distractions Of
the country, with the alternative OF sacrificing the con-
victions OF his judgment question OF constitutional
obligations. when that can be prevented by simple