The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11

sentltes on principles similar TO which those from
California claim their seats. And he rose to call at
tention TO these extraordinary facts: Nearly nine
months ofthe session have been exhausted on this
question, and, after the overwhelming majority by
which that State admitted, the seats Of her rep
resen tatives TO be contested II he understood
the argument Of the gentleman from North Caro-
lima, IL this: that one can claim 10 be the
representative Of State, unless elected in pur-
suance of law enacted by the Legislature
lie had examined all the precedents he could lind
and so far as he could discover every single State
admitted into the Union since the adoption OF the
Constitution, with the exception of Missouri and
Texas sent representatives here without laws hav-
ing been previously enacted stating the times, man
ner and places Of holding the elections California
had followed the example of other States, which
adopted similar schedules. The gentleman from
Louisiana (Mr. MoRsE) said that the House were
about to override all precedents but the gentleman
had forgotten that this day. In the Senate, with an
opposition OF only Blk or seven, the Senators from
California admitted 10 seats and one Of the
Senators who thus voted was from Louisiana.
Mr.. MORSE remarked, that when he spoke OF
statutory PROVISIONS, he alluded TO the astute chair
of the Judiciary Committee, who held up to the
House principle of law that the Speakers consent
admits members 10 the floor The admission OF
every member is with tacit consent Of the House.
Mr.. THOMPSON made reply, but in so low a
tone not to reach all the way across the hall to
the reporters desk.
Mr.. MORSE resumed. AS to one of the Senators
from his own State having voted to admit the Cali
Indiana kncw-il not, he should-that these Sena-
tors elected by the Legislature OF that State,
properly chosen and not by the people, in the alb
sence ofegsatve enactments as i'll the case of the
representatives presenting themselves in this body
Mr.. ROBINSON understood the gentleman trim
North Carolina (Mr. VESABLE) to insist, as one of
his main points, that California was not State till
yesterday. He moved 10 amend that gentleman 3
motion by substituting, "and that the representa-
| tves from California be admitted and sworn in. -
And lac demanded the previous question He with
drew the motion at the request Of
MIR. TOOMBS, who promised TO renew it, and
who thought it was perfectly apparent the gentle
men could not be sworn. The Constitution of the
United States explicit, that the Legislature
shall prescribe the time, places, and manner OF
election. II appeared, from the reading Of the ere
dentias, that there had never been Legislature TO
do this.
MIR. McCLERNAND e1 expressed the hope that the
gentleman from Indiana would not press this sub
jec, and that the general subject would be referred
TO the Committee Of Elections
Mr.. TOOMBS replied to Mr.. ROBINSON, arguing
that because members may have been admitted
from the new States the Legislatures not having
been in existence previous to the election, did not
prove that the proceeding right They must
be governed by the Constitution, which makes it
the duty of the Legislature to prescribe the time,
the place, and the manner of holding the election.
Mr.. STANTON, of Tennessee, said it seemed to
him that the precedents were placed on sound and
safe basis. Ii seemed TO him that a convention was
higher than legislature because il established the
legislature within itself The convention which
tablished the constitution of California might have
established general laws, more particular laws,
and incorporated what called fundamental
laws. convention is a law making power, and
may answer in the place Of legislature, when it
prescrbes the time, place, and manner of holding
the election California was revolutionary State;
nevertheless State de Jacto, not legal State.
Mr.. TOOMBS replied, that there was no astute
way to get out Of the plain and unmistakable pro-
vision of the Constitution. There il was The gen
teman from Indiana said that the two Senators had
taken their seats. This true; but they were
elected, as other Senators, by the Legislature As
TO the argument of the gentleman from Tennessee,
he had only to reply, that if the convention was a
Legislature it had the power to elect the Senators
In accordance with the promise which he made TO
the gentleman from Indiana, lie moved the previ-
GUS question.
Mr.. HOUSTON expressed a hope that the gen
tleman from Indiana would not press mis- motion 10
have the representatives sworn in.
Mr.. CARTER. ] hope he will.
Mr.. HOUSTON California is now in the Union;
the necessity for her admission has exhausted it.
SELF but there is pressing necessity for the adj
mission of her representatives.. This subject was
important and should be examined; therefore, he
opposed TO prccipitate action.
Pending the demand for the previous question,
The House adjourned.