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

rsssniaivss IN The other ksnch q Congress And. sse
ondy are The persons chosen - senators and repesena
vss y s q s public a a9%n 70 C:o re
Congress- Of tbe United Shtesl
These questions propose very briefly e discuss
tina. my constitutional duty was involved 10 the action
which this bill requires from me, and from sincere
dssrs y un!e in the restoration Of good feeling oswssn
preservation Of hai harmony which i At all times . de-
sirabe. make this declaration before cnser upon
u: assusa Y. :@sca.sa FAX = s1i
will snsbls me 70 give il the cordial support which my
incliosion and my RI duty will prompt. when J.
s,ss.. ~ form object sh which i1i am sure o
auction into this chamber am quite satisfied that the
people 81 the United States looking with anxiety To-
WINGED that this bill, with notifications which ought not
10 interfere with ts progress, will be calculated 70 exer
else beneficial influence upon the public mind 90 not
indeed believe that the country - yet reduced 70 that de-
ploabe condition which authorizes TO appehend any
Of those fearful consequences which have been someimes
apsaaoe q he speaker and sownx with lie warmth
OF his own excited feelings But do believe the state
Of things existing calculated 70 produce perma.
the beneficial administration OF this government Il IS
that stats Of things which desire 10 avoid II Is the be-
lief that this viii result from failure e terminate this
controversy which makes desire. as do cordially de-
sire, that this bill shall be put form calculated 70
compish its object measure Of peace This sir, rs
my purpose; and overlooking the occurrences OF hisde
cntu
where, that the object Of this bill in the highest degree
patriotic that it, successful accomplishment under the
auspicesof any individual. however distinguished he may
have been heretofore, cannot fail 10 give him claim
TO the gratitude OF the country. will add that shall
personally experience especial qualification i such
individual by whom this bill is. reported do not occu
py position 80 low, however humble 1t may be, among
those with whom associated as 10 require evidence
Which, an sssa u II did, lie course which Says
hitherto pursued would furnish that evidence abundanty
have said that there are two questions presented BY
whether California is is not entitled two representa-
tves free 70 admit that there 10 no express pro-
vision in the constitution, which requires specific num-
Der Of inhabitants to ene the people OF Territory to
admission State into that Union The only const-
tutcna provision applicable this portion Of the subject
is that declares that each State shall be entitled to at
least one representative in the popular branch Usage
this subject has varied but its tendency has been settle
the practice OF the government upon the principle which
ions Of the ordinance Of 1887 territorial government Of
the first grade given at once to any number Of in.
habitants who might occupy Territory Of the United
number OF i've thousand the ordinance gave them legs
latye assembly. and prescribed freehold qualification
for voters When they had obtained the number OF sixty
thousand. they were under the provisions Of that ord
nance, entitled 70 admission State Subsequently,
the course which has been pursued by the government
gsnized as State should possess the number Of inhab
ants necessary under the existing ratio OF representa-
ton. to be entitled to member in the House Of Repre-
stands az apprehend by the constitution, and the usage
which has been established under the Interpretation given
The question, then, is not whether California is en
tied to be admitted State Waving the inquiry wheth
er the circumstances under which this compromise which
10 presented to has been formed entle California to
present admission as State and for the purpose Of the
argument coDcedng that il does the question s,
whether she into this Union consistently with
0fsues hs poar branch of the legislature. Accord
ing TO the existing ratio OF representation made in
formy to the census provided Tor and taken under the
constitution, the number which she must have to enhe
her to two representatives would be $50 because
do not admit the proposition that taking 70.6S0 as the
ratio Of representation fixed ~ the existing census law,
traction more than one half Of that number would
title California to second representative. and Tor plain
and to obvious reason, which will briefly
ss os n qnas1 s ~ M aT q the
Of California The fraction greater than one moiey Of
the ratio established BY law must be ascerained by
1sy q ~ asi IL eanno
applicable TO territory which has been included
in the enumeration. The. inquiry. then, under the
which have first stated, l4l $780, In the ascertanment
OF question Of this SORT question OF fact, which is to
call upon tor the exercise OF our constitutional
in the admission OF State, am perfectly sure shall
receive the universal assent OF senators when
that could divest this proceeding Of intrinsic
sderations in the performance Of constitutional duty.
in which we required TO ascertain question OF
factthe number of inhabitants in any Tenitory-the
true rule of evidence which ought to be resorted tots
W0lcQ the c0pouuuon Iufni8nc8-nameIy, CELL
ss or enumeration for which it provides. In the vai-
Gus cases Of which. a my instance. careful examna
ton has been made this rule has been observed Leav
ing out Vermont which bad constitution ten years be-
fore own; Kentucky State formed out OF another
State and Texas, State which was not formed for
the public domain of the United States, but for
eign and independent State. with which form
Ing an alliance on terms which each OF the sovereign
contracting parties had right to stpulate, which coul
not Be subjected to the province Of constitution
while she remained separate State but only after BY the
terms Of the she had become OF the States
Of this Union-eaying out these. after examination
OF the precedenis, eve that no State has been admit
ted on such evdenceIs is proposed that in every
ease there has been census taken, either under the
authority Of the United States OF the territorial legis
lature Neither Of them exists in the present case
Abandoning all the ordinary and legitimate sources Of in
formation which would enable to decide with
cy and c0necnessi In the performance OF constitution
ddety, referred to conjectura estimates to vague
togovsm rs The claim to admission as State Is an
Affirmative claim. The claim TO admission with two rep
Iesentaivesisa superaddion TO that affirmative claim
Those who make should furnish the evidence which
eoouee them 10 s allowance II IL incumbent upon those
who omrm The claim OF California two representatives
70 show - by testimony which satisfy Judgments,
that We are not violating the constitution in assigning
vdss Departing from this rule OF evidence and OF com,
sense, Il s required OF those who oppose the admis.
sion Of that State with two representatives prove the
negative. TO show that less number than that which the
constitution requires IL TO be found in that territory
Upon the acts before US, my Judgment that testimony
nindiapuabe. have in the first place statement made
by resident citizen Of California who present there
during the proceedings which eventuated in the forma
ton Of thai constitution In answer to certain queries