Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

euCe 0tner case OF the KIND
ever occurred since the formation of the Government
believe there is instance where State has been admitted
without there first being organization the part of the
community to be admitted. No community has been admit
ted as State unless there vesge OF legal existence
such community In the present instance there
There have been States admitted where there law Of
Congress authorizing the formation of constitution and State
Government But in all such there was previously
Territorial Government and jurisdiction the part of Con-
gress conferred upon such communities Territorial Gov
eminent And in every such the Territorial legislative
authorities enacted laws for the calling Convention for
the purpose Of forming State constitution which, in my
Judgment gave it something of legal existence State,
although the election Of Senators by Legislature under
constitution formed in that way, without the sanction Of Con-
gess, would not to certain be in compliance with the
constitution, which requires the Legislature of State to
elect Senators But sir California State, in any
sense OF the wor in my judgments consequently vote
for the reference and against the admission Of her Senator's
Mr. MASON. Mr. President bad occasion to look into
this question when the bill for the admission Of California was
before the Senate as one properly involved in the consdea
tons relating to that subject did not then find any prece
dent directly in point but in the case of the admission of the
State of Michigan. considered that precedent directly in
point did not consider that the fact that Michigan had
previously been organized into Territorial Government,
could make any discrimination Whatever But entertained
very serious doubts whether the Senators whom we then adj
med were Senators within the meaning Of the constitution.
have the same doubts in the Of California As far as
my personal feelings concerned should certainly welcome
the Senators elect from California as peers upon this floor
But have constitutional doubt and should be alad TO
have that doubt solved be solved by this reference
MT. FoOIE. wish to make one other observation in
addition to what have already said Although all those Sc
majors who opposed plan Of adjustment did not take the
ground which am about to state, yet of them, and
among them some very influential and leading gentlemen
did take the ground, that would reduce the territorial
boundaries OF California; all constitutional difficulty in regard
to the admission OF California State would be thereby
removed suppose those gentlemen, at least can have
had no difcuy In allowing the gentlemen whose credentials
nave been presented to be qualified and take their seats
suppose alteration Of territorial boundaries cannot alter
the constitutional aspect Of this particular question
One other observation, and have DONE am yery happy
that the credentials Of these gentlemen have been in part
presented rom the State Of South Carolina whose attitude
perfectly well known to the whole country. This movement
originating in part from that State, seems to me to lend
gracious sanction to what done heretofore on the SUBJ
jec, upon which congratulate the country.
Mr.. BERRIEN. do not mean 10 enter upon this dis
cusson, but do mean to protect myself from the remark