The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-18

more. il is through her thai new and dangerous
elements OF policy 10 be introduced, IN ih'
moAng moulding, and admitting States sia,; ,n'o ,n'
after will make striking and momentous chapter 10
the history OF the country. 1t Is not that oppose
her admission because attach moral blame to- Cahor
MIA will go 10 that extent will not go so lar as io
say that California not authorized to om some code
OF laws for her government AT the disance they were
from this government, and being neglected by The pa
rent government it would have been unnatural 10 with
draw IRON them the right OF sell government SO lar az
prevent their making such laws were necessary ior
their safety and convenient organization Ihey were re-
duced the necessity OF revolution, TO make such
laws would protect them till the United States could
do for them But the doctrine malnalned here, that
the people o California had right 10 assemble IN con-
yenon and form constitution. and invest themselves
with the attributes OF Stats sovereignty, s doctrine
which lead 10 consequences tar beyond the presen'
exigency. and confer rights which we cannot control
such have been indicated by my friend IRON Louisi'
ana For, if they have the right 10 make State CON
sttuon, they can claim through that, and not through
ence State and they may deny all the conditions
which you have annexed without their previous consent
Have any number OF inhabitants right to go and settle
the public lands and shape out tor themselves their
empire and make to themselves empire by their own
volton and spontaneous assertions OF sovereignty
Has Stae-Iexas, Tor example, right TO go beyond
her territory, and appropriate territory which does
not belong 10 her! IL IS admitted State cannot 40 THIS
extend lis jurisdiction territory not within
its own limits, and such as were assigned to her Sup
pose a territory should do this. Suppose Minnesota
should 60 the river and appropriate more territory
than had been assigned to her. and that the people should
in convention and soemny declare that this exlen
sion necesSay Is there any one who would hesitate
to deny her right to 1t! But it IS SAID State could
not do it, nor territory but that inhabitants lett
without any government at all may have higher pow
ers than either What would be the consequence I
Why people under such circumstances, wishing to form
State, and not having sufficient population within
certain limit, might extend their boundaries so as to EN-
brace sufficient population. Take California Within
certain n her population would be too small to form
Slate. but by extending her limits she may embrace num-
bes enough, that she might claim to be made State
What limit or restraint would there be upon people
coming into the Union in this way. without the authority
of the individual or political owners OF the land Yet
this of the modes by which California has assumed
position which by is deemed rghlful position
Upper California, through self made majority regulated
boundaries and marks. But there is another position
that whilst Congress may give territorial government,
ii is nevertheless some measure the interest and policy
of the government itself to hold their power IN abeyance
TIL Territories can assume position when may De re-
pected and allowed to invest themselves with State SOW
efegnty II this doctrine to prevail follows that the
moulding and regulating power which was gwen to Con
gress to be exercised by the Executive or BY subordi-
established and political communities to assume posi-
tons which they could not have obtained not left un-
der these unconstitutional and irresponsible influences In
this way euenants their uniform to invest themselves
with senatorial robes, &c This may be called the sug
gesve mode OF making States under military proclama-
ton -
sderation What is il Why, the advocates OF the bill
say that the duty of Congress to give territorial
government but ~ was not DONE fhe nave
the right form a Constitution, and come IN without
license the authority OF Congress having been pre-
vously given, and that all these Irregularities are to be
waived and the policy Of circumstances Is TO be adopted
and duty and precedent are to be superseded
and chance and opportunity are to take their place.
NV views OF constitutional duty will not allow me TO
indulge in this doctrine OF exPedlency-an exPedency,
fear that has been suggested by many temptations Con-
gress make State; but ie is duty TO discharge
the trust OF an impartial guardian and to institute such
proceedings as TO enable citizens to orKanze themselves
mi State mi
upon them the right OF providing constitution After
such cave has been given, and not before, people o
territory have the faculty of becoming State, under
constitution 10 be formed exclusively by themselves sub.
ect the rghu reservation OF Congress Ny opinion
s that when Congress has given this leave II Will oPer-
ate an revocable deed We are devolvng an imPor-
anl trust, OF which Congress capnot dives ITSELF and it
should look To such thing would make the ADMISSION
of such State the Unon consistent with the inter
est OF the other States and the nights OF other Territories
This thing Of allowing people 10 form State when
they please and where they please Is usurPaiion OF
rgbllul jurisdiction, OF experimenting and hduclafy
representation II not given by those who framed
the constitution and ought be recognised by those
who profess to act under it. Confusion and injustice
must follow and derange our whole SYSTEM But while
cannot under any circumstances, allow State thus to
form constitution without the previous assent oil Con-
gress, know there two instances to the contrary
those OF Michigan and Arkansas-and they are The only
two. will answer for this proposition TO any one VINO
will 70 through with all the preceden's there are ou'
two and they precedents of evil not to be followed
and even in those cases we bad the security resulting
from appointing the officers, and from defining The
boundaries and all the securities OF regularly organized
government They had been governed and regulated by
Congress.
The case OF California is reflected from another mir
ror and that is New Mexico hear gentlemen declaIm
bitterly against New Mexico, while at the time they
are very willing TO waive all objections against Caliior-
MA But will for H. they were brought TO then
present attitude by precisely the same influences.
The birth of individual is an event OF interest and
concern society but the existence OF political com
muny like State matter OF grave concern TO othef
communities, and one OF historical magnitude. As u
Affects the properly and security OF other States ihey can
be indifferent TO the OF such measure
New Mexico in her claim to become Stale without
leave license is following in the wake oi more in
her precedent All that they have to do is to popate
the feelings and interests which encouraged and
sustained California and they are about to DO TINS, no.
only in defiance of Congress- but in violation OF the rights
of another Stale New Mexico can then come with q
perfect claim. and will with perfect claim II The
other precedent is acted upon. And what are we re-
qured to dol We required to permit these two
States to come in with us, such institutions as they may
form, and with such boundaries ~ they may assume
and there be very little doubt OF what character they
will be in one respect What. then, do we get by thi
Compromise California is 10 be extended from Oregon
to Mexico and these limits to be preserved because
slavery has been excluded from them by the consutor
rendered to Congress Gentlemen say we will no, yield
an inch OF this Tor southern settlement II has already
been appropriated under northern institutions On tns
contrary, they willing TO take from Texas as mucf
slave territory they get, with view oil converting
ii into non slaveholdng territory, and with view
keeping her savehoding neghbors in good order inel
Aay California do without guardian but maj Ne~
Mexico must have a helping hand. Texas is thus re
Congress to maintain invioate the present proposed limit
nj California Now that was the opinion OF some gen