Weekly national intelligencer., 1850-02-23

the consent Of the Legislatures of the States we'll
a. OF the Congress"
time when Congress shall give her consent whether before or
aier The consent given here evidently exactly that kind
o. consent which Congress ought give for the erection Of
State any where
dicaed than laid down with any degree Of precision will
make supPos;tion Suppose Geoga-and speak of that
stale by way OF illustration she Of the largest Of
the States OF the Souhshoud divide her State into East
West Georgia. and at the session Of Congress should
send here two additional Senators and three four additional
Representatives, and ask be admitted into this Union be-
she bad exercised the power which they have called
here 90 Oltenthat great inherent power
should Knock at our door, and that policy required that
oud admit that State formed within her limits into this
Cnion What would be the reply, sir The reply would
ou nave done the act by usurpaton by palpabe
Congress" All ssthe consent of Congre.si" n,t c.n
no' ne o Congress be given now ss well as Il could
have been given antecedentIy WHY air admit that Il
woald oe perfectly competent for Congress to waive the
lection and adopt the usupaon have no doubt that Con-
gress might DO that under any circumstances They msht
waive all objection to these States coming into the Union b
adopting the act Of usurpaon That not an unusual pr
cpe IN legal proceedings In the Of the Mexican treaty
ser The power Of the agent the ambassador had been re-
voked by the Government after he had formed treaty in
Palpable violation of his Instructions we waived The o6;ec
tons and y Retrospective contemplation, adopted his act
and made it our own
hold that people have right to form themselyes
into State without the Congress- expressly or bv
implication given say that usurpaon or the power
OF Congress over this subject That has been my poposto
and the proposition intend to maintain If can But be-
lore doing that will go somewhat into detail 70 show that
California has assumed her present position towards the Fed
eral Government 10 violation of all the securities Of precedent
al ne OF usage There nothing like it in the his
tory OF the Territories States Of the Unionnohing like it.
In the first place, the people Of California by their
on have appropriated only Territory TO themselves
but they have assigned boundaries without having
suited Congress way another Is there any such in
men or any State Government in the United States chsl-
lenge gentlemen to find parallel or precedent Of the kind
Now, let me not be told that this thing of boundary mat
tor Of no essential consequence The boundary Why the
boundaries Of commonwealth, s are Of all Others in high
political sense matters Of pu6ci ursmaers with which
Congress should deal for they such affect deeply the
great interest OF other communities And when any people
derlake assign boundaries assign 10 he
selves six hundred miles, up and down upon the Pacific
without having consulted those who the propetos 20 r
as there was any public domainwithout hang consulted
those VINO had vested in them the sovereign dominion
sovereign jurisdiction the country ceded by Heatyt e
taking very important privilege from Congress- and arrogat
themselves with the interests and rights
Of other communities Ss
Sir ask the question, as have right ask it, enphal
icay have the people Of California conormed to the obiaa-
tons Of the treaty with Mexico regards the quaca
tons Who voed Who are those twelve or thirteen
thousand voters Werehey free white men, Were they Mex
spanish blood Were they such Mexicans
cognsed capable obecomng citizens under the terms
treaty Why s the President has condescended to
give US any information upon that subject at a Who con-
stued this government From what class of did this
government emanae Am to be told that Congress has no
jurisdiction subject of this kind There is no instance
OF Territorial Government in the organization of which Con-
gess did not prescribe define the qualifications Of voters
There is another violation, Mr. President know instances
Will be quoted IN which States have been admitted into this
Unon where the people did have previous assent Of
Congress to assemble in convention for the formation Of
constitutions but will for it that they are NOT SINH
lar cases.
There Ia anothar nor,;cno, - ~ - (y.,;c.:
The usage No State in this Union has come ino 1t without
Congress having previously taken of its inhabitants
hat was donei Michigan Iowa, in Wisconsin in Flor
da and IN all the other States This has been the uniform
usage and dent far regards the admission Of other
STATES am told however, that Iowa and Florida Lo
his Union by foming conventions, without the previous
cave OF Congress. Iowa did hod conventions and offered
constitution here Claiming certain boundaries which Con-
ress denied She back and returned having been
assigned different boundaries and then she came into the
Union with boundaries And therefore think il NAV
SAID that Congress had given its consent by implication
he formation OF constitution and State Government say
was not only implied, but strongly implied when The
boundaries given her. that she had The power TO do so
80 lar as regards Wisconsin, the remark may be made
Congress gave her The right to have members That
recognition OF the right to have members such re-
ogniton to give previous Congress that she
might form constitution, and might then apply for admission
INTO this Union of the sovereign States. Now sir
With regard to the States Of Iowa and Florida: Florida had
application for years. four five years. when Iowa came
onward, and they pai pdssu-the one ss slave
State and the other free State They came ia at the
ame tme and that sir by consent and have strong
eason TO believe, by the previous implied Of Com
ress that they should form constitutions and into the
Union under their sanction The same remark may be made
With regard to Michigan. know she did form and claim Y
'oundares-not allowed to her by she did form
constitution. But did Michigan form consi tuition or have
convention, excepting when she under territorial rea
ions to this Government Michigan was governed by the
United States through the agency Of Congress and If she
ssembel conventions under the implication at the
that Congress had given her the power attorney TO de-
de upon The time when she should come into The Union
ay then, implied consent 10 the case Of Michigan
But so far regards California not single one Of these
condolences exists She here without having her
boundaries xed without qualifications Of voters being de-
med, without having any census and as am very much
Inclined to think, under suggestive influence from the Er
cutve and his Cabinet to evade the responrbv ~ een
bis question II should have been met and at the time When
could have been met and at the time that it might have
een settled satisfactorily to all parties Sir the admission
California will put 1t further eyond settlement and every
tep we take wc are approaching precipice When this
ueson first could have been very easily adjusted by
avng the ordinary Territorial Governments without any
friction whatever They might excluded slavery or
ot as they thought proper when they had maured iem-
elves into the condition of States But evade this Will
not provifo, the people left state of anarchy and
nder operation Of causes than the Wio proyiso
hey are claiming privileges now, by usurpation 10 which
hey are not entitled Is it usurpaion in any point of
lew in which regard il? Why, sir, in whom was
esed sovereignty the citizens and the Inhabitants un-
Ter the treaty Of California In the United. States And
hink the honorable Senator from Mississippi (Mr DAv1sl
no other day demonstrated that; and he put the proposition
SO strong point of view that think could not be mis-
Understood and the Senator from Georgia has left no ground
others to occupy venture tina. there are but yery
tribunal that could take cognzance Of the subject that SOW
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