The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-20
THE UNION.

70 Greats States Ii 10 thai which you are proposing
70 do now. Where in the Constitution is found tina
power!
heard the from Kentucky LMs CLAY1 say, il
answer to suggestion from the senator fToa South
Cafoins, that California u already State confess
a1' wSSeS with to VIZ look
United - thus lime moi TO be State. but Territory
! Mr. CLAY Wall the senator allow me will give
when was up before, that Congress had the right and
me power to consider California either State or
Territory admit that we say that we will moi
regard her State at allhat we can remand her Ia
the territorial condition. and send her senators and repre-
sen!aiiyes home But say again she isa Sate--organ'
ICED as Siaeou, Of the Union, but State to be egt
mafizcd, II we choose to legitimatize her.
Mr.. BERRlEN. perfectly understand the position o!
the senator II Is To ascertain the more general opn-
ion OF the Senate upon thai proposition that make my
appeal to the Senate, with confidence absolute as
can be expressed by the senator from Kentucky any
other
say that the power to create found in the
stiiuon say that California is not State | say she
7 s not State upon the authority Of the Committee Of
Thrtssn upon which this bill based and ii do rely
upon the Committee Of Thirteenth examine the ques-
ton upon its merits-what il, according TO the
argument OF the honorable senator from Kentucky
These people have not righ-hat is his proposition
TO go upon the public lands and form State. Strictly
speaking they have not the right but if they choose to
exercise the right and form State, subsequently
give Legitimacy to it, Thus the exercise OF right which
did not exist, and which therefore the OF
wrong, creates Stale.
Sir we are speaking OF the condition of California as
she 10 Al the moment when discussing the ques-
on without the aid Of that act Of Congress which, by it's
the OF right assumed and not apper&ining to
themselves create State Did California BECOME a
State by the vote Of the twelve fifteen thousand people
who assembled without authority from any what
ever, and voted for the adoption OF constitution What
is the argument OF The repor What is the admission
that she il at this time territory and how in despite OF
maintain that she is State Is she at the SAME time a
State and not State But he says she is State, but
not State of this Union. argue that the legal occu
authority of Congress, might form State, and agree
that in that element OF this TRANSACTIONS which
to vtiate it, in my Judgment would not exist in such
case. IL State government is formed BY terrific
rial government without the sanction Of Congress,
the senator from Kentucky says that il is not a
question Of power, but question of expediency,
and that presidents variant upon the subject
know of instance in which Stale has been formed
out OF the territory Of the United States without the sane
ton OF Congress. given previously Or subsequently, The
instance of Texas which referred to is that has
sort OF analogy to the present Texas was not
State formed out OF the territory OF this Unon or about
which we had right e legislate Texas was sove-
reign. independent republic, with which we formed an
alliances and that disposes at once OF the exception to
the precedensthe exception to the contradictory char,
ac,sr of the precedenls. and also Of the question Of
territory which il to be assigned to California Still the
thing stands upon its original footing. portion OF the
people OF the United States have gone upon this land
only without authoryfor beg gentlemen to consider
that throughout the whole OF this discussion in relation
to the admission of California, il has been assumed that
this government formed by American citizens who
have gone there and without auihoriy-bu in opposi-
ton to the existing law your staueb book The ques-
ton s, whether the inhabitants found in Caifornacall
il what you william constitute State which the con-
stuiion does not give Congress power to admit The
constitution gives Congress the power ADM, existing
States and not to create them, they would have ex.
pressy given the creating power Unless, them the theory
upon which this whole proceeding has taken piace-un-
less the admissions in the report upon which based
be expunged this not State and the argument OF the
senator from South Carolina stands unanswered
You may admit State into the Unon you cannot adj
init California under The authority Of her constitution,
but in the exercise OF the power which you to
govern your Territories by prescribing the limits OF
the State which shall be admitted have said in pre-
vous remark that the admission of California into the
Union with her present constitution inhibting slavery
direct repetition Of the principle OF the ordinance Of
1857 by he Congress OF the United States and sustain
ed that declaration by stating to the Senate, what was
admitted by the advocates OF the bill, that the &C.
ton OF the people Of California was perfectly pull
and vod except derived its sanction from the Con.
gress of the United States Ii the provisions Of that
constitution depend for their vitality upon the action OF
Congress of the United States and if the inhibition Of
slavery be OF its provisions, depending ask II
when Congress- by the admission Of California, gives
validity to that constitution, do not adopt for ourselves
and make our own the inhibition OF slavery! The argu-
ment OF the senator from Kentucky that we have moth
ing do with the provisions OF the constitution; all
that is to that it is republican in its form
That would be true in the people oil the territory acted
under the previous authority OF the Congress OF the United
States They would have right to form constitution
and TO prescribe their municipal reg uatlons But
that is not this case Here is people whose right 10
form constitution depends coneess OF the advocates
OF this BILL upon the subsequent legislation OF Congress
hen, therefore, admit California into The Union, we
adopt and make our own act, every solitary provis-
ion OF that constitution, including the prohibition OF
slavery with 1.-The rest suppose there Is no man who
hears who will doubt that we refuse the admission OF
California into the Union, the inhibition OF slavery will
not be worth the snap OF ones finger 1t s them by our
that is TO acquire its vitality and the difference is be-
tween express spostion lens by Cong ess of the
Wimot Proviso, and the adoption OF inhibition OF
slavery by the people OF California their State consti.
tuition repeat sir that cannot present the constii-
uency which represent with attempt to Distinguish
between two subjects perfectly Identical in their
effects
But il ia said that the southern doctrine has always
been that the people OF Territory when about TO form
State constitution had right TO prescribe Their own
municipal regulations That the doctrine, often re-
erred TO- expressed in the resolution submitted by Mr.
Calhoun himself But il the opinions OF that dIstiI.
gHshcd Indiv idual have any occasion been
that and refer to the attempt To apply that doc
trne the have now under consideration.
Mr. Calhoun applied that case to people having an
organized governmentto the people oil Territory acting
under the authority OF the Congress OF the United States,
and about 10 form constitution for the purpose oil al
Sate and relation 10 that people he said,
and he said trnly-and that the southern doctrine, not
only heretofore. but now msintaned-tha such people
have a right to decide their municipal regulations "a
they will But TO what il intended to apply that prop
osition To people who coniessedly have right TO
do the which they have done, except that right
shall be given them by the retroactive operation OF an act
of Congress. Can 1t he conceived that MIR Calhoun
said thai any northern man. apart IRON the interests OF
slavery. would have said that an unorgamzed people,
having title the country they proposed to govern,
had right 10 prescribe the constitution and MUNICIPAL