The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-14
CREDENTIALs.

7 Ur. DVUCfIxAS prE3&UttuT
de Hon. VIM. M. GwfH, elected senator by
The Legislature OF the State Of California; which
were read.
| Mr. BARNWELL presented the credentials
| Of the Hon. JOHN c.. Fremont, elected senator
by the legislature of the State of California.
In presenting the paper MIR. b. said Il is wei
known that entertained the strongest objections
to the admission Of this State into the Union, but
personally, the admission Of Mr.. Fremont upon
this floor cannot be otherwise than acceptable
TO me.
Mr.. DAVIS, OF Mississippi. Mr.. President
if were governed by either personal or party
considerations, certainly should make no objec-
| jections to the ordinary course being pursued
with these credentials; but, believing as do thai
the constitutional provision for the election OF
senators cannot have been complied with in this
case, II IS with sacred matter ofduty to inter
pose such objections as will require the reference
OF these credentials to the Committee on the Ju-
dietary. move that they be referred to thai
COMMITTEES, with instructions that they will repor
on the law and the fact.
| Mr.. DOUGLAS. Mr.. President, see no ne
cessity for taking the time for this reference. Il
It were the forepart Of the session, would inter
pose no objections; but there are now less than
three weeks, and there ia much legislation with
reference TO California be had, and il would be
well to have these senator's in their seats There
are many precedents, in cases precisely like the
| present, In which objection was made; but the
IdvOFdDly
ssHp'e'ssd u. hope the motion will not pre-
Mr.. DAVIS, Of Mississippi Mr.. President
for the purpose of preventing delay,I would move
that the committee be instructed to report to-mor.
The PRESIDENT. Instructions as to the
| time of reporting cannot be accepted.
Mr.. DAVIS demanded the yeas and nays
which were ordered
Mr.. FOOTE. Mr. President, as the ayes and
noes have been called for, desire to say that |
shall not vote for the reference am perfectly
satisfied that the Judiciary Communication every
member OF which entertain the highest respect,
and who are well qualified to discharge the duties
OF their stationif they were to take this matter
into consideration for twenty centuries in my
opinion they could not throw one single particle
of new light upon the subject. Under such cir
cumstances, s!r, u shall oppose the reference.
Mr.. BUTLER. Mr.. President, il the reference
be made to the Committee on the Judiciary,
would enleayor to have it reported back as speed
ily as possible. would not postpone it SO as to
deprive gentlemen Of any rights to which they
may be entitled. What course the committee
might take upon the affairs Of California, | cannot
say. Ofcourse cannot now makeany other than
this general statement. ,as
Mr.. TURNEY. Mr.. President, / shall vote
for the reference, upon the principle that there is
no case that has occurred during the existence OF
the Government to warrant this admission. | be-
heve there is no instance where State has been
admitted without some organization upon the part
Of the community to be admitted in the firm of A
State, unless there was 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 a constitution and State govern
ment; but in all such cases there was previously
organized territorial government and jurisdic-
ton upon the part of Congress conferred upon that
territorial government. In those cases the terri
toria and legislative authorities have enacted laws
calling conventions for the purpose of forming
State constitutions. In my judgment, this will be
giving California an apparent legal existence as a
State, although it was not within the Union; and
in that sense it might, to certain extent, be in
compliance with the Constitution, which requires
the legislature of State to elect senator's But
sir, believe that California was no State in any
sense of the word, and consequently must vote
for the reference.
The amendment was read as follow:
sc Resolved That the credentials Of the senators
elect from the State Of California be referred to
Committee on the Judiciary, with instructions to
report on the law and the facts. -
Mr.. MASON. Mr.. President ! have had oc-
cason to look into this question, when the bill for
the admission of California was before the Senate
as one properly involved in the consideration re-
lative to that subject. did not then find any pre-
cedent directly in point, except in the case of the
admission of the State of Michigan, which con-
slider precedent directly in point. | did not con-
slider the fact that Michigan had previously been
organized into territorial government would
make any discrimination whatever / entertain
very serious doubts whether the senators elected
by the legislature, which was itself elected by the
people of California, are properly senator's within
the meaning of the Constitution. should prefer
although have nothing personal against the
gentlemen whose battle has so long been fought,
and should be glad to welcome them as peers
n Of nal
duty, should be gratiied In having my doubts
solved, ifthey can be solved, by reference the
committee. B f 2ff ~ 5s
Mr., FOOTE feel called upon to make ano-
Their observation, and | trust the gentleman will
bear with ME. | wish 1t to be remembered by the
country that all those senators who were opposed
to our plan adjustment took the ground which |
am about to state. Some of them-and among
them very influential gentlemen--took the ground
that if we could reduce the territorial boundaries
Of California, the difficulty in regard to the adnls-
sion Of California as State would be thereby re-
moved. | suppose those gentlemen at least would
have had no difficulty, in that case, in recognizing
the gentlemen who now present their credentials
as qualified to take their seats upon this floor.
suppose the mere alteration ofterritorial bounda-
ries cannot alter the constitutional aspect OF this
question. tlt3a5S sFs ag ff
Another observation, and am done. am
very happy, for one, sir, that the credentials of
these gentlemen have been in part presented from
the State OF South Carolina, whose ultra attitude
is so well known to the whole country. This
movement, emanating in part from that State,
seems to me to lend gracious sanction to what
we have heretofore done for the admission of Cal
ifornia for which congratulate the Senate and
the country.
MIR. BERIEN. do not mean to enter into
this discussion. | wish to protect myself from
the remarks which have just been made, that there
would have been no objection to the admission OF
California as State
Mr.. FOOTE, Qnterposing.) said in certain
quarters. did not intend to allude to the honor
able senator, because he and debated that precise
point, and | understood him to take the opposite
ground.
Mr.. BERRIEN. wish merely to state, that
for one, acquesced in the restriction of the limits
Of California; but it was with the entire convlc-
ton upon my own mind that ifthe limits of the
State were restricted, the constitution before us
would not be the constitution of the State of Cali
fornia, and consequently that instrument must
have necessar gone back to them for their action
upon it.
Mr.. MASON Mr.. President, do not know
to what opinions the senator from Mississippi,
who has just taken his seat, Mr.. FoorE, or to
what senator's, he intended to allude. l was one
of those who felt an earnest desire, expressed in
debate, TO limit the boundaries of California to