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

s,,s those steps which. when they shall have been
Elected will make her legal State Of the Union hen
pen he became aSate OF the Union, the date OF hef
saansslaion. The senator says the peeedsnts are al
Oa,as this With all due deference, ! must say,
s;as he s mistaken He admits the case OF Michigan
~ hs;ng a precedent against him, and an exception 70
vse fhere is then one Affirmative decision In IA.
~, The doc trne for which contend and there u no
O decision according 10 the argument Of the senator
from Geoga for the question never ross out 9Aes Inc
a. was decided in favor OF the doctrine that nov con-
sag ior ana which he attempts 10 overthrow The au-
ihorly, therefore, Is asalns. nun 81. ..;.,
,sa,on. The senator from Georgia read 10 US 10 show
hal Congress passed bill! 10 authorize the State OF In.
mana 10 come into the Union IN the month Of April
he n lsl6and then states that in the month OF june
,sIs Indiana formed constitution and a State govern.
mea Yes, sir; and find also that on the ilth Of No
yenber 1916, she elected her senator's and was declared
10 be State Of the Union IN The month OF December fol-
Mr. BERRlEN. / stated before that these were cases
in which senators elected before the States came
into the Union bat that In that class oil cases there was
previous OF Congress 10 authorize them to form con-
Nc DOUGLAS That point is very clear. and was
Inc senator fact with regard 10 Indiana, which had
escaped his attention Indiana, although she had organ
zed State government, and elected her senator's but
had moi been received into the Uni0n voted al the pres
DENTAL election OF 1916 for James Monroe for President,
and Tor Daniel d. Iompkns for Vice President. several
months before the act Of Congress declaring her IN the
nion After these presidential votes were given, Con-
gress passed act, the month of December declaring
indiana State OF the Union; and in the month OF Feb
ruary subsequently,, those votes were allowed 70 be
counted Was not Indiana Slatei II not, how came
al, ID vote in the presidential election before the act OF
Copeess allowing her 10 be admitted into the Union had
heen passedi There was previous act authorizing In
aana 10 form State government, provided the consu
n should be republican, and provided It should not be
h violation OF the ordinance OF July 49, 17c7 and also
thal they should send that constitution 10 Congress.
Hence that had not given any validity 10 the pro-
ceedings That act had not changed Indiana from q
territorial condition 10 that OF Stale OF the Union
Congress had merely given IFS consent that Indiana might
take the nlIaory steps 2 become state, and when she
had taken those steps Congress would pass an act de
eIarng her in the Union: hence there was no validity
given by Congress the act authorizing her 10 form her
constitution 10 electnk her senator's and IN voting at The
an act declaring her the Union When Congress passed
that act then Indiana was State OF the Union, and her
existence State dated back TO the time Of the lorna
lion OF her constitution, and legazed and sanctioned all
that was done under the State constitution prior TO the act
declaring her in the Union hence their selection Of Stale
senator's became vadhence the votes at the pres
denal election became valid and legal, under the same
operation Of law. The same principle was decided in the
Michigan case II is this principle that we propose
now to apply to CALIFORNIA; principle that j. BY no
class Of cases Who is not familiar with the operation
OF that principle, when you apply 10 treaties with Tor
egn powers2 You made treaty in 1919 with The king
dom Of Spain, by which Florida was annexed to the
Union Il was long time before il misunderstanding
beea first rejected and subsequently sanctioned by
SPAIN though the Publications not exchanged until
the year 1921 Who speaks of that treaty the treaty
Of 1921 1t always the treaty OF 1919 The treaty took
legal effect from 1919 rights acquired and protected
from that day. Sir the treaty dates from The time il was
signed considered treaty from that date. although il
was not ratified and did no, have force until two years
subsequently,. So it was with the Mexican treaty. The
Mexican treaty executed the I'd day OF February,
s. Mr.. Nicholas r. rist, without any authority from
th. government. The moment he signed u, u was as
void an act ii il had been piece OF blank paper II
had no binding effect either legally or morally. twas
unauthorized act by unofficial personage but, sir.
be chose style himself commissioner, and to represent
himself as being vested with authority He sent the
treaty the President; and il rahed by the Presi-
dent and Senate in the month OF March April, and
thus adopted their own act. Ii was sent back 10
Mexico but il not ratified in Mexico; and the ex-
change Of Publications did take place until about the
first Of June Sir. when you open the statute book
what do you see! Treaty concluded at Hidago on
The I'd day OF February, ls4s And il takes effect
from thst day, although 1t had existence in fact
until three four months after that date. How is this
Why sr it ia by what the lawyers term the doctrne OF
elaiion"-zn act commenced time and consumma-
sd al another when it is consummaed II relates back,
and takes effect from the date OF tie inatory step II Is
apnncipIe oil universal application 10 treaty stpulaons
and principle that has been universally applied to The
States OF the Union, wherever the question has arisen
Sir when you come to apply that principle to California
what you mad u The cases Caorns formed Der const
her the Union, she becomes State in the in
which the term. II you do declare her IN the
Union, from that instant she becomes STATE uatng back
IRON the day on which her constitution was signed and
ratified by the people OF California, andthe elections
der this constitution become valid the Legislative election
valid, the governors election is valid. and the rep
Iesenialves and senator's elections all valid.
The acts OF the Legislature, IN the mean time, become
valid and binding IN law, the same as II they had been
passed after California was admitted into the Union.
What, thsn become of the senator's objections | am
not able perceive the force OF hem unless You going
70 unse,e all settled dociriaeo override all establish
Cd authority, and abandon all precedenis In analogous
cases.
But sir has been limited thai il this doctrine be sound
California had not people enough to enttle her TO two
representatives al the time she framed her constitution
lido not know that the senator from Georgia made that
point distinctly, but have frequently heard il urged In
debate II IS true that when she framed her constitution
abe had not population enough to entle her TO two rep
iesentauyes but she had population sufficient TO eniie
her TO come into the Union State She had certainly
population sufficient 10 ente her 10 representative
But even she had not do not how that affect the
question OF her admission, because particular amount
o. population is requisite 10 cattle her 10 In
Stale FL
Being entitled 10 admission, the question arises how
many Representatives is she entitled tot This question
must be determined with reference 10 the present time
and not al the date OF her constitution In apporonng
her representation must act with reference TO her pop
uaion Al the time we pass the law Al the date Of her
constitution she had than enough for represent
ause and now have reason 10 believe that her popu-
aon AMOUNTS 10 one hundred and fifty thousand.
hundred and sixty thousand which more than enough
ior two representatives And, II you postpone action I
September October, she will doubtless be entitled TO
three Tour members, because, when make the an.
Potonmen, bound 10 give her the benefit OF the
population which she may have al the time OF passing
The law. The apporonment relates 10 that period OF tune
and TO the date OF the formation OF the constitution
When these representatives shall present their credentials
they may be referred 10 Committee on Elections thai
committee will report whether or no, these have