The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-11
IN CONGRESS- OF THE U. STATES.
TUESDAY. SEPTEMBER 10, 1850.
SENATE.

4 Mr. BARNWELL presented the credentials OF the
a Hon. JOHN Y FkEhoET elected senator by the legis
laure oil the Stale OF California.
In presenting the paper Mr. b. said II is we'll known
that entertained The strongest objections 10 the admis
sion OF this State into the Union but, personally, the ad
mission OF Mr. FREMosr upon this floor cannot be other
wise than acceptable to me. CUFF ~ tie etsie
Mr. DAVIS, of Mississippi. Mr.. President if were
governed BY either personal or party considerations,
certainly should make objections 10 the ordinary
course being pursued with these cedentias but believ
ing do that the constitutional provision for the cleo
ton OF senators cannot have been complied with in this
case, Il is with sacred matter OF duty to interpose
such objections will require the reference OF these
ientias TO the Commitee on the Judiciary move that
they be referred 10 that committees with instructions that
they will Iepoit on The law and the fact
Mr. DOUGLAS. MIR President, see no necessity for
taking the time Tor this reference If the forepa
oi the session, would nlerpose no objection but there
now less than three weeks and there is much sgsla
ton with reference California to be had. and it would
be well 10 have these senators in their seats There
many peceoenls N cases precisely like the present. in
decided upon favoraby or acquiesced in. hope the
motion will not prevail
Mr. DAVIS, OF Mississippi Mr. President, for the
purpose OF preventing delay, would that the
mitlee be instructed 10 report Tomorrow morning
The PRESIDENT Instructions as TO the time fer re-
porting cannot be accepted.
Mr.. DAVIS demanded the yeas and nays; which were
Mr.. FOoTE Mr. President, as the ayes and noes
have been called for desire to say that shall not vote
loi the reference am perfectly satisfied that the Judi
the highest respect, and who well qualified to dis
charge the duties of their sation they were to take this
matter into consideration for twenty centuries, in my
opinion they could not throw single particle of new
light upon the subject Under such circumstances, sir
shall oppose the reference.
Mr. BUTLER Mr.. President, il the reference be made
10 the Committee the Judiciary, would endeayor 10
have il reported back speedily as possible. would
not postpone il so as 10 deprive gentlemen OF any rights
TO which they may be entitled. What course The COM
mttee might take upon the affairs OF California, cannot
say. OF course cannot now make any other than this
. Mr.. TURNEY. Mr. President. shall vote for the
references upon the principle that there Is no that has
occurred during the existence of the government 10 war
this admission believe there is no instance where
a State has been admitted without some organization
upon the part OF the community 10 be admitted IN the
form OF State unless there some legal existence to
such community In the present instance there was
none There have been States admitted when there was
no law of Congress authorizing the formation OF con-
sti,ution and State governments but in all such cases
there previously organized territorial government
and jurisdiction upon the part o Congress conferred upon
and legislative authorities have enacted laws calling
ventons for the purpose of forming State constitutions
In my judgment, this will be giving California an ap-
parent legal existence az Sale, although II not
within the Union and in that il might, to Ger.
tain extent be in compliance with the constitution which
requires the legislature of State 10 elect senator's But
sir, believe that California no State in any sense OF
the word, and consequently must vote for the refer
ence. %
The amendment was read as followsI
a9'sa That hs e . @ Ss co".,. ssS o. ss
Judiciary with INSTRUCTIONS 10 report on the law and the
facts"
Mr. MASON MIR. President. have had occasion TO
look into this question: when the bill tor the admission
OF California before the Senate one properly IN
voved in the consideration relative TO that subject
did not then find any precedent directly IN ponl except
in the case OF the admission OF the State OF Michigan,
which considered precedent directly in point | did
not consider the facl Michigan bad previously been
organized into territorial government would make any
determination whatever entertain very serious doubts
whether the senators elected by The Legislature, which
itself elected by the people OF California are properly
senators within the meaning OF the constitution should
peier-alibough have nothing personal against the gen.
temen whose battle has so long been fought. and
should be glad 10 welcome them as peers upon This noor
yet matter OF constitutional duty, should De grail
lied in having my doubts solved il they can be solved by
reference 10 The committee.
MIR FO0TE. feel called upon TO make another oo'
eryaiioD, and trust the gentleman will bear with me
wish il 70 be remembered BY The country Una. an .nose
took the ground which i am about TO state. some o
them-a and among them very Influential geDtiemen-iook
the ground that u we could reduce The territorial oouno
aries OF California the difficulty 10 regard 10 the admis
zion oil California Stale would be thereby removed
suppose those gentlemen at least would have mad nc
difficulty in that case, N recognising the gentlemen wht
now present their credentials qualified to take the
seats upon this floor. ! suppose TIE mere atefaoh o.
territorial boundaries cannot alter the constitutional as
pect OF this question.
for one sir that the credentials OF these gentlemen have
been in ,art presented from the State OF South Carolina
whose ultra attitude is 80 well known 10 the whole coun
try. This movement emanang in part from that State
seems TO lend gracious sanction 10 what we nave
heretofore done for the admission Of California; oI
which congratulate the Senate and the country. :,
Mr.. BERRlEN. do not mean 70 enter inlo ,nls dis.
cussion 1 wish TO protect myself from the remarks
which have Just been made that there would nave beer
no objection TO the admission OF California as Saie
Mr FOOTE, (interposing) said in certain quarters
did not intend to allude the honorable SENATOR be
cause he and debated that precise point, and under
stood him to take the opposite ground
Mr.. BERRiEN. | wish merely 10 state that, ior one
acouiesced in the restriction OF the limits oil California
but Il was with the entire CONJUNCTION upon my own
mind that il the limits OF the State were restricted the
constitution before would not be ihe constitution o.
he State OF California and consequently that instrument
must have gone back 10 them for their acuof
Mr. MASON. Mr.. President, do not know 10 wha
opinions the senator from Mississippi, who has Just aker
his seat IMr FoorE or to what SENATOR'S ne in'enaee
10 aude was one OF those who iet an earnest aeslfe
expressed in debate to limit the boundaries OF cao,na
after having done that, than to declare my wngness
allow California be admitted, II those ns.
been restricted upon the proclamation OF ,ne
make this statement In order u AVOID the imPu'ano
which would to rest upon me, and mol 70 ceae n
MIR F6oTE, (interposing) Mr. President, IL the sen
ator will bear with me, viii state that did not intend
to refer TO him understood him TO be utterly oppose.
to the admission OF California under any circumstance
Whatsoever. Yet think the honorable senator ms
take was entirely natural, inasmuch as alluded 70 ~
fuent,a gentlemen who opposed TO the admissoI
Of Caornia That the senator should recognise hmse'
as one of the persons alluded to was very natural
| Mr. MASON. Mr.. President, can assure the sena
tor from Mississippi that far from looking upon my
self OF any influence, II 10 matter OF deep regret