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

far that event may have any influence on the
measure under consideration, cannot say,
know that it must influence, and to a great ex-
tent, the scope and aim of the remarks which
should have made, as well as causing me- per-
| sonlly, painful embarrassment. will endeavor
however, to conclude what propose to add, mas
limited a time as practicable. M 56r
| Sir, was urging my objections to this specific
bill, or to some particular portions Of it. First,
said that could not for the BILL because it pro-
posed to admit California with her present limits,
and under circumstances that would be obliged
to regard as Unconstitutional and without prece-
dent and, indeed, If we were TO admit her under
these circumstances we would establish very
dangerous precedent. was opposed to another
provision Of the bill, in this: that ! could not
consent, that Territory should be taken from
Texas with the ayowed purpose Of being convert
ed into State to be called New Mexico, with the
certainty before that that State is to be the first
upon the western border of the United States asa
Notwithstanding State, and thereby to affect the
safety of the neighboriDg slaveholding population,
and to afford a new outlet to fugitive slaves
Well, sir, SO far as it regards the other essen
tial provision Of the bll--that Utah shall have an
ordinary Territorial Government--whilst was
| in favor of it, did not regard it as very high
| boon, or as of very essential Importance to any
section Of the Union, because the forbearance to
insert the Wilmot Proyiso is founded upon the
solemn av0wal that tits unnecessary to engraft it
upon Territorial bill of this kind inasmuch us
IN It's operation, and not requiring any thing in
addition to give it validity So that, ifany thing
was intended by way of concession to what is
known or regarded as the Southern interest in
this Confederacy, it is a concession made upon
the ground that there are laws already in existence
such as will not be strengthened in their legal ef
feet by u cumulative provision, such as the pro-
viso would be; allowing the inference TO be drawn
that without such pre-existing laws some such
proviso, excluding slavery, would have been in
sisted on proper aud expedient.
Well, sir, according to the analysis Of the argu-
ment we are left thus: Shall California come into
the Union with her present limits and under the
constitution she has formed Shall New Mexico
be erected by the provision of this bill into Ter
ritory, with certainty that it is to become a non
slaveholding Slater 1 had thus urged my objec-
tons to the bill, and was then about to do,
what the distinguished Senator from Kentucky
(Mr. Cay) very fairly suggested, that it was the
duty of the opponents Of the bill to do, to state
what would, in my estimation, satisfy, so far as
can speak for them, the constituents whom in part
represent. ea v .Esa a-
Well, sir, the predicate Of all that was able to
say would regard as satisfactory adjustment,
necessarily involved the proposition that Cafor-
MIA should be remanded either to territorial con-
dlton, and be placed under a government emana-
ting from Congress-, or that she shond go back
with such notifications in her future position as
would conform with usage and the Constitution OF
the United States. The reason, say that that is
the predicate of all that intend to urge is this l
maintain, from the viewsand considerations which
have given this subject, if California be allowed
to occupy her present attitude, and she comes
INTO the Union with no previous reservation on
the part OF Congress, but with the recognition
nunc pro tune of all that she has done it necessa-
rily follows that oil the reservations conditions,
and limitations that the Congress of the United
States think proper to propose may or may not
| be adopted by her; that is, if we regard her
having the pre-existing rights Of State. will
say, Congress, having the rghtfsl jurisdiction
over, that, had the power to dispose of it, if it
posposed Of it to foreign Government, or it
could have disposed of it to the people Of the ter
ritory, under a leave that they should form them
selves into a State; and in either point of view
the transfer would carry with it all rights and
franchises not reserved, both proprietary and po
i ltlcal III we were to transfer by deed or treaty,
or any other solemn mode recognised by nations,
any OF the territory we possess to another nation,
1t certainly would give with the soil all the jurs-
diction we possess over il, and all the interest
had in it, If the surrender should be unconditional
And, sir, can itpossibly make any difference that
we DO not give 1t to foreign power, having
right to take it, but to own people, who shall
form State? When we give leave to form State,
we give under it all our jurisdiction and proprie
tary interest, subject like any other only to the
constitutional rights of the Federal Government.
/ We may transfer all, reserve something,
mere proprietor By reservations we may re-
tain ownership, which would depend upon the act
of cessiOn, and therefore the remark of the Sena-
tor from Louisiana (Mr. SoULE) seems to be well
founded, in this: that II in comforting power to
| make State, or recognizing the right of any
people to form themselves into State, there is no
previous reservation of property, we confer by
| our fiat that which would operate as perfect
ransfer of our proprietary interest in the public
domain OF California The grant of power TO
make State, what is iti Is il one that can be
res hv ,fto ia,
made' A people of Territory having once had
the faculty of making State Government take
on one condition alone, in political point of view;
that Is, the constitution shall be republican in it's
form. They may agree to exercise this faculty
under such terms they had previously asserted.
The question is, can terms be superadded after the
| power has been carried into execution, on The
claim that the Government continued proprietor.
have made suggestion Of my impression
Now, sir, what propose, and what think
would be satisfied with, is, that California shall
be curtailed in her limits to 36o 30'. | take that
because it has been rather recognized by the
| popular voice and appreciation than otherwise. L
regard it, therefore, indispensable for the plan
which would adopt that California should cur
tail her limits, rather that we should curtal
them for her, to $50 3U as her southern boundary;
| the boundary already indicated to continue for
her eastern boundary, or wherever she claims her
eastern boundary 10 be, and Oregon TO be her
northern boundary. Well, sir, would go thus
lar by way or lntlmatng the plan that would
insist on, that California; or that portion OF Cali
fornia whose limits were indicated and defined,
shall have the right, under Executive proclama-
ton, Of forming such constitution as would
enttle them Instant to come into this Union
upon an equality with the other States of the
Union think, sir, this is going very far. / am
willing to waive all the irregularities, and to admit
her with these conditions, on the understanding
that she shall only claim such rights with regard
TO the number of her representatives as other
States enjoy-withn these curtailed limits to
recognize right in the people to form constitu-
tional State; for think no such State has yet
been formed.
Mr.. CLAY. Will the senator give way for a
single inquiry only'
Mr.. BUTLER. Certainly
Mr. CLAY. heard with great pleasure and
satisfaction the senator's declaration, or statement
of what would be satisfactory to himself upon this
| subject, but want to make single inquiry, for
when happen TO come, if should ever happen
l N eaft haf,, orf pf q