The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17


ercise Such was the in Oregon during the neg
ect TO give a. territorial government TO that Territory
They assumed and exercised the right which that neglec
gave ihem,he power establish provisional govern
i ment And when you came subsequently TO dispose o
that territory you dispensed with that provisional govern
ment but instead OF creating Stale, and admitting il
into the Union. by the assertion OF your own consu-
onal jurisdiction you reduced il to Territory, giving i
a government in the territorial form. There is then
nohing from the fact OF the neglect OF Congress 10 es
tabish territorial government in California, which au.
thorzes the formation Of State goyernmentsl less
could such ght exist when you consider the situation
hear, sir Of the claims which are derived from the
treaty Of Guadalupe Hdago 1t is said that the people
OF California were entitled under that treaty TO claim
your protection but when ask who are those who are
SO entitled, the answer OF every man must be that is
the Mexcans who transferred by that treaty from
Mexico TO ns; and SIR, i you Will take ne trouble 70
look into the volume OF the debates OF the California
convention, you will find il distinctly avowed that this
government. which you called upon 10 recognise
mot eSen I o. 0 I. As amsS
svey for Americans The advocates OF this bill. there
fore must dismiss The claims Of the native Mexcans
under the treaty of Guadalupe Hdago to be admitted into
this Union. Upon what, then, does stand' Upon the
claim Of body OF American citizens who in violation
OF the laws OF the land, have settled themselves upon
that territory, and assumed themselves the right to d
vest the United States Of its sovereignty and to organize
a State.
Mr. President am not disposed to occupy the time Of
the Senate by reading the statute on this subject will
referthe Senate however TO the act Of 1907 in the
ond volume Of the laws Of the United States page AS,
by which i is provided that IN any territory then ac.
oreignpo should be lawful for any person to enter
upon i until i shall have been sold ceded or leased By
the United States. The same act makes provision for
nficng penalties upon persons SO entering and author.
ICES their removal by military force constitution Of
California formed, for the most part, by mere adven
tuIers know there are very many respectable people
who have gone TO California for the purpose OF settle
ment But the majority OF the population at The period
when this constitution was formed were, and even now
probably consist of mere adventurers who have gone
fhar MIR 0f UIn0p nd IN Ontpn
ton OF spending the avas OF their labor there but Of
turning to the United States. in which they continued to
hold their domics. This consideration is important
for retaining their donicils in the United States,
these emgants could not have the double right Of self
government here and in the Territory OF California at
the same time.
Mr. President this bill proposes the admission Of Cali
fonia with constitution prescribing her boundaries and
the number of her representatives. This Is the next
ground upon which, representative OF the people OF
Georgia rest my opposition TO this bill That people
have right 10 inquire California is 10 be admitted with
that constitutions and with that claim TO representation
whether Congress willing to exercise the sovereignty
which the constitution vests in them the public do
main, 10 abandon it, Assuredy there is no principle
of the constitution which would authorize such an
actment by Congress that which is found in the cons
tuition Of California And then, if California is TO be ad
mitted with that constitution and with these representa-
lives, the United States will have abandoned the SOW
eregniy, which is conded 10 them by the constitution,
and have yielded unorganized body OF people, tres
passing upon the public domain The constitution has
prescribed the principle OF representation has ascertaned
It's atio has provided the by which il is to be de-
termned Now, contend that there is no precedent OF the
admission Of Stale without census. taken under the
authority Of the United Staes or Of The territorial legis-
internal troubles portion OF territory prevented the
completion OF census evidence was received to supply
that deficiency But no case can De produced OF Terri
tory, admitted out of the public domain OF the United
States in which the number OF the inhabitants has not
been ascerained, either by census taken under the
authority OF the United States or oil the particular Ter
ritory.
But sir in this case by bill which provides that Cali
ona shall have two representatives, we are proceeding
not upon taken by the United States not upon
census taken by the authority Of Caornia-for upon
proposition TO that effect made IN their convention, they
expressly refused TO authorize not upon any evidence
before us that they have population to entitle them 10
two representatives but absolutely dstegading all the
requisoDs OF the constitution we fly directly in the face
OF the evidence which has been produced say, sir that
only content with less evidence than the con-
stution requires for the purpose OF ascenaining the
population upon which we are TO grant these two repre-
sentaves, but proceed in direct contradiction OF the
Notwithstanding the declarations which have been
made here maintain that there is not at this PERIOD any
evidence upon which any member OF this body would
consent 10 have his rights decided before judicial rbu
nal which ascetans that there 900 people in the
Territory OF California resident citizens, entitled to rep
resenaon in the Congress OF the United Sales upon the
evidence in this case. there is not one half that number
have heard gentlemen talk Of the rapidy-increasing
stated that while you discussing this question: the in
ux OF population will make amount to any number you
require Sir, this is mere fancy on the part OF hon.
orable gentlemen who utter IT, The latest evidence
this subject of the irregular species which has been
relied upon throughout the whole progress OF this discus
son, but quite competent and credible as any which
been produced is furnished BY the California Courier
Of the LIST OF July last And this gives result which
desire present the consideration of the Senate, for
the purpose OF showing that taking the statement OF the
people of California themselves, they have not sufficient
population entite them to two representatives, which
this bill proposes give them. extract from the Ba
more American Of Saturday, August TO- the following
article. Speaking OF the press OF California II says:
TBs CALFoRsIA PREss.By the last arrival from Califor
pefs, fat show the rapid advance IN solid I'M
poyetnent which has been made la that embryo State
We may Daily Placer Times, OF Sacramento cityi
The Sacramento Transcp printed At the sang place sns
bears the Alta California, OF San Ffancsco the Daily Pa
cihc News ptni1d tbs same place aud last though by
the least worthy OF notice, the California COURIER
the first number OF which was issued At san francco by
Messrs Crane Rice, The LIT Of Jaly The papers are
all well printed; but The lauer has been gotten up asve
neaness that would comparison, put 70 the blush pa
that In In the Atlantic States years be-
tore California thought OF as American territory Inc
Courier before lst Of letters remaining in
the san Francisco post Office covering space o seventeen
columns.
The po ,ulaton OF California is estimated by the Caor'
mia Courier 12l 900 of witch number bOOO were ma
crs and 7lOOO Americans The number Of Per ons
returned by The Pacific mail steamers from Apri l,
ls4l. 10 June !. 1850. was3 3.I;s
Now sir here is statement from paper OF undoubted
credit, published at San Francisco, whose editors can
have disposition 10 underate the population OF that
Territory but, on the contrary, would be more hkey
TO estimate il, by which the American population IS
last census, entities them State of this Union TO one
,ph at the character oil