mendation for the appointment of the committee of thirteen after Webster had delivered his address on March 7th.1 The day following that speech he brought forward his motion and attempted to have Bell's resolutions included for the committee's consideration. Again, however, the motion failed to come before the Senate.2 On March 12th, Foote pushed his motion vigorously as he had promised to do on the preceding day, but it was objected to and discussed by various senators until time to proceed with the business of the day, when it was again postponed. He succeeded, however, in having it made the order of the day for March 13th."

4

On that day it came up at the appointed time, but was amended by Benton so as to prevent such a committee from considering the admission of California. Again the senators made long speeches and discussed things not connected with Foote's motion or Benton's amendment, and the subject was postponed. This procedure continued for over a month. On April 11th and 17th, Foote's motion was blocked by Benton, who was persistent in his effort to prevent such a committee from connecting the admission of California with any proposal that would "require the assent of any other state to its completion." Finally on April 18th, after Benton had submitted fourteen resolutions and re

1 Cong. Globe, 1st sess., 31st Cong., pt. I, 461.

2 Ibid., 496.

3 Ibid., 508-510.

4 Ibid., 517.

5 Ibid., 517-21.

6 Ibid., 527, 565, 587, and 617.

Journal of the Senate. 1st sess. 21st Cong. 276-77. 280-09.

Le yeas and nays on each one separately, it was hat "the resolutions submitted by Mr. Bell... with the resolutions submitted . . . by Mr. Clay, d to a select committee of thirteen: Provided, That e does not deem it necessary, and therefore declines, s in advance any opinion, or to give any instrucer general or specific, for the guidance of the said e." 2 On the next day, the Senate proceeded by appoint the following men on the committee of Clay, chairman, Dickinson, Phelps, Bell, Coss, Berrien, Cooper, Downs, King, Mangum, Mason, nt. Once more Benton attempted to prevent the e from connecting the question of California's with any other subject, but his motion was passed

99.

"in order more certainly to secure" the establishment of territorial governments in Utah and New Mexico.1 It is the purpose of this work, however, to deal with only that part of the report which pertains to the admission of California.

In their general remarks the majority of the committee recommended the admission of California. Any "irregularity by which that state was organized without the previous authority of an act of Congress ought to be overlooked, in consideration of the omission by Congress to establish any territorial government for the people of California, and the consequent necessity which they were under to create a government for themselves best adapted to their own wants." It might have been better, the committee continued, to have assigned the state a more limited front on the Pacific, but the boundaries proposed in the constitution did not embrace a "very disproportionate quantity of land adapted to cultivation" and should therefore be accepted. If, after further explorations of the territory, an increase of her population and "an ascertainment of the relations which may arise between the people occupying its various parts,” it should be found necessary to form a new state in California, they believed it could be done without much difficulty.

The bill of admission provided that California should immediately become one of the states of the Union. It was to have two representatives in Congress until the census was taken, when a more accurate apportionment could be made. The admission was to be "upon the express condition that the people of said state, through their Legislature 1 Cong. Globe, 1st sess., 31st Cong., pt. I, 945.

vise, shall never interfere with the primary disposal ublic lands within its limits, and shall pass no law o act whereby the title of the United States to, and dispose of, the same shall be impaired or questioned; they shall never lay any tax or assessment of any on whatsoever upon the public domain of the United and in no case shall non-resident proprietors, who ens of the United States, be taxed higher than resind that all the navigable waters within the said all be common highways, and forever free, as well habitants of said state as to the citizens of the United vithout any tax, impost or duty therefor: Provided, thing herein contained shall be construed as recogrejecting the propositions tendered by the people rnia as articles of compact in the ordinance adopted Convention which formed the constitution of the It further provided for the enforcement of all United ws not "locally inapplicable." 1

vas the part of the California bill-the so called bill-dealing with the admission of that state into n. The exact title was "A bill to admit California te into the Union; to establish territorial governor Utah and New Mexico; and making proposals for the establishment of her western boundaries." 2 Globe, 1st sess., 31st Cong., pt. I, 947.

I of the Senate, 1st sess., 31st Cong., 327. This was senate bill

It was discussed at frequent intervals in the Senate from the time of its introduction until August 1st. By that time it was found to be impossible to get a majority of the Senate to support all the measures of the bill when taken collectively; so the title was changed to "an act to establish a territorial government for Utah."1 On the preceding day, Douglas had again brought forward the bill for the admission of California proposed by the committee on territories on March 25th.2 It had been left unconsidered since April 19th, the expectation being that the committee of thirteen would provide a satisfactory bill for the admission of California.

Douglas's bill was discussed in the Senate on August 2nd, and Foote tried in vain to amend it by establishing the Missouri compromise line as the southern boundary. While the bill was under discussion on August 6th, a similar amendment proposed by Turney was rejected. Four days later, August 10th, Yulee proposed to amend the bill by practically substituting another which would establish two territories, one to be known as California and the other as South California, the line of division to be 36 degrees, 30 minutes. The government which had been established in California was to be recognized as territorial, and provision was made for calling a convention and establishing a state government. The proposal was rejected, however, by thirty-five to twelve.