The North-Carolina standard., 1850-02-27

speak its voice. In California we have nothing of
this Who chose the representatives Whence
did those who chose them derive the power to au-
thorze these representatives to speak the voice of
the people Of California such Why, sir, with
out an act of Congress authorizing it, can conceive
of but one way in which such form can be given to
the inhabitants Of this Territory and that is by
act of revolution, in which, throwing off the alleg-
proper to meet together in their original and primal
character of human beings and say that they will be
an organized body with such form as they think
proper. But the present proceeding is not of that
character. The very movement shows that they were
| throwing themselves upon such right. But.they
| come here-having formed constitution which they
say imbodies the public will of California-and ask
that State, they may be admitted into this Union.
Now, sir, the business Of my life as lawyer has
inclined me to respect and follow preeedents, and
even sufficient cause, it becomes necessary in any
particular instance to depart from what has been
the established usage of the nation. think that it
is be regretted that the Congress of the United
States should ever have departed from the safe posi-
tion, that in such matters territorial management
should follow and not lead the movement of Con-
gress and, under any pressure heretofore of circum
stances, should have yielded their sanction to an act
by which Territory assumed to itself, without their
previous warrant or nvitatlon to form itself into
sovereign State But be that it may, feel a
strong repugnance to go still further to introduce
example, and say that, not only without the pre-
| vious sanction of Congress for such proceeding,
but without the previous authority from Congress
for forming the Inhabitants of any particular district
into territorial community, for any purpose of gov
ernment whatever, they may voluntarily associate
themselves into political state adopt whatever rules
in their organization they may think proper and then
apply to recognise them as existing political
| community State-and, as such, receive them in
| to this Union.
This, Mr.. President, is the first difficulty have
There is another that no gentleman has as yet alluded
to. When this Mexican treaty was first submitted
to the consideration of the Senate, it contained an
tice-ths ninth art'ce-Proyiding for the admission
of these Territories INTO the Union States
as, by the form of the constitution of the United
States, that object could be accomplished. 1t was,
in other WORDS an exact or nearly exact, transcript
of the provisions made in the treaties by which we
acquired Louisiana and Florida. There has scarce
ly been instance, imagine, where there was any
difference at all, in which the Senate was so nearly
| unanimous as against adopting any such provision.
Allow me, in order that the matter may be understood
to call attention the original article and to the SUBJ
stitute adopted by the Senate.
The words of the original article far relates
to this matter, are these:
"The Mexicans who, in the Territories aforesaid
shall not preserve the character of citizens of the
Mexican republic, conformably with what is stipula-
ted in the preceding article shall be incorporated into
the Union of the United States, and admitted as soon
possible, according to the principles Of the federal
sttutio the enjoyment Of all the rights of citizens
of the United States.''
The amendment made by the Senate is in these
words:
Who, in the Territories aforesaid, shall not pre-
serve the character of citizens of the Mexican repub
lc, conformably with what is stipulated in the pre-
ceding article, shall be incorporated into the Union
of the United States, and be admitted at the proper
time, (to be judged Of By the Congress Of the United
iates to the enjoyment of all the rights of citizens
of the United States, according to the principles of
the constitution.
Now, what was the meaning Of this amendment!
am very we'll aware that certain document, which
excited some attention here, called the PROTOCOL in
formed some of the Mexican functionaries, that, in
truth the Senate of the United States meant nothing
by it, that they had particular choice of phrase
ology some preference for their own mode of express
sion but the notion that they intended to make
an essential alteration in the article, that all
mistake; that far that concerned, they
not in earnest; and that the words inserted by the
Senate are to have the same meaning those words
that had been stricken out of the original article.
Mr. Foote: l would remind the senator that no
such words were used by the commissioners; and he
surely would not reflect upon them-one of them is
dead, the other absent.
Mr.. Badger. l am aware that no such expressions
were used by them. 1 not stating or undertaking
to state what they said, but the inevitable result Of
what was said. However, l meant not to cast any
reflection upon either of the gentlemen-none at all ;
l merely wanted to state what would be the result of
holding the two provisions identical in meaning. But
independently of that the alteration was real and
substantial one, and understood by the Senate
The idea that the people of these Territories should
be admitted into the Union with all the rapidity
sistent with constitutional forms shocking the
minds of senators. 1t stated on this floor !;
and while the Senate willing that at some future
time such admission mi ight take place, there was
decided repugnance to tying up the unettered udg-
ment and discretion of Congress.
l have said that this amendment was made with
remarkable unanimity. When the vote was taken,
there were 49 senators present, and the amendment
received vote of A out of 40; and, sir, one
of those who voted against even this amendments for
l. as the honorable Senator from Mississippi Mr..
Footel. remembers we'll, and other gentlemen here;
were opposed any stipulaons which might be pre-
sumed to imply even imperfect obligation to ad-
nit at any time. do not know how the four gen.
tlemen were Influenced who voted upon this ques-
ton with me. The real sense of the Senate then
As to against immediate admission. The four gen.
tlemen who voted with me were Messrs. Baldwin,
! Corwin, Hale, and Webster. Now, what we to
understand as fair Interpretation of this amended
article! There is no provision that these Terrific
ries shall be admitted as the form of the
stitution will permit, or when they shall attain
tain population. There is nothing resembling the
provision contained the cession of Northwestern
Territory by Virginia to the United States, in the
treaties by which acquired Florida and Louisiana
nothing at all. They to be admitted at proper
tine-to be judged of by whom? By the Congress
of the United States Now, sir, it seems to me, the
force and effect, the purport and design of that is,
that Congress was first to move in this business that
there should be some material change or condition of
circumstances in the future, to be first ged of by
! Congress previous to movement for admission. I
know that if we admit this State into the Union now
Congress will have judged of the propr:ety of it,
No doubt about that. But that article contemplated,
think, more than this-a PRIOR not subsequent ap-