United States; and as for our Senators and Representatives going there, and forcing themselves into the halls of Congress, and saying: We come here to take our seats by force; you must receive us; you are compelled to receive us, and we will take our seats in defiance of your authority-I say that is bad policy. Let us pursue the moderate and usual course; let us do as the gentleman has urged heretofore-follow the beaten track; follow the examples of other States. It would be most unwise and improper to take the course last recommended by the gentleman. If our Senators and Representatives are going there to present this constitution to Congress, when they are not received within the bar I say they come in through the back door.

Mr. GWIN. Who ever used the word bully? Is it not the privilege of an American citizen to petition Congress in person as well as in writing? And are not these gentlemen the Representatives of one of the sovereign States of this Confederacy, presenting its claims for admission in a respectful form to that body? Is that bullying? Sir, was it ever known or declared before, that when an American citizen petitions Congress, or when one of the States of this Confederacy respectfully, through their Representatives, present their petition to be admitted into the Union, that it is bullying? These Representatives claim the privilege of representing on the floor of Congress why they should be received, if it is controverted at all. My own impression is that they might be received instantaneously. If not, they have the privilege of appearing there and urging the reasons why they should be received. But if it is sent through the President of the United States, the Representatives of the State have to stand outside, and wait until Congress decides the question whether the State is to come in at all. We assume the responsibility of establishing a State government at once, and as such we present our claims through our Representatives, under the most imposing aspect. We send our Constitution there, and lay it before that body; and we announce the fact, that having established a republican form of government, we ask admission as one of the States of the Confederacy. That, in my view, is the most imposing and respectful mode of doing it.

Mr. BOTTS. There was a word that came from that corner of the House that jarred barshly on my ear. This proceeding was designated as a back-door manner of getting into the Congress of the United States. Mr. Chairman, the Constitution of the United States provides for the admission of new States into the Union. You have declared that when this constitution shall be ratified, a new State is made; and, sir, when it is proposed that you shall send ambassadors, commissioners if you please, to treat with another high power for admission into the Confederacy, as the Constitution of the United States provides that you may do, we are told, sir, that it is not the way to carry out the provisions of the Constitution; that the proper way is that of humble solicitation; that you should humbly solicit the Executive department here, humbly to solicit the President of the United States, to lay the humble petition of the State of California before the Congress of the United States. Sir, I care not who your Representative is, he is your ambassador ; and he should go in no form but that most potent one of an ambas sador, presenting-I will not say your petition, as the gentleman has said-but his instructions. We who stand here, a new State, propose admission into the Union; we dictate the terms; and these terms and these instructions are the constitution that has received the sanction of the people. You send an ambassador then, and you send him with instructions as to the terms upon which you make this proposition to come into the Union. You say, moreover, that these terms must be accepted; that these are your terms, and none others. And is it not an honor, sir is it not a high honor to be conferred upon any man, no matter how high his station to act as the ambassador upon such an occasion. Is this going for such a purpose is it an humble appeal that you are making?—is it to be degraded by the opprobious epithet of a back-door entrance? Sir, the man does not live who ever attained a higher honor than that which this resolution proposes to confer

upon these persons; to take this Constitution from a great State to a great ́Cónfederacy of States, there to dictate the terms of her admission. He claims to be heard, sir, and he will be heard with respect and attention. He will be received, and his approach hailed with honors; he will be admitted to the bar of that House as the plenipotentiary of a great State desiring to be admitted into the Union.

Mr. McCARVER. I see no impropriety in the present Executive giving notice of the adoption of this Constitution, and transmitting a copy to the President of the United States; but I think it also proper that the Representatives of this State, whoever may be elected, should also carry on copies. I think, then, the proposition of the gentleman from San Francisco (Mr. Gwin) is correct, if it be offered as an addition to the section. I am not certain, however, that it is best to put it in the hands of the Executive of this Territory, who holds his appointment under the General Government, and not under the State government. I think if these members are admitted on the floor of Congress, they will be admitted without any constitutional privileges. In the case of Michigan, the members had to wait a long time for admission. I have no doubt that the Representatives of this State would be permitted to be heard upon the floor of Congress, but not as a matter of right. If they were admitted at all before the ratification of the Constitution, it would be as a matter of courtesy.

Mr. GWIN. The very reason the gentleman gave in regard to Michigan is the reason why I offer this amendment; that our Representatives should not be kept waiting outside, but should be admitted at once to defend the claims of the new State. I want Congress to have no official notification of the formation of this government, until our Representatives present it to them in person, and are on the spot to maintain the interests of California. I do not desire that they shall have it before them in any shape until it is presented by the Representatives whom we send there, in order that we shall not be kept waiting, by sending it through the President of the United States, or any other agency, except that designated by the voice of the people.

Mr. HALLECK. I give notice that if this substitute is rejected, I will introduce a provision that the Senators and Representatives be furnished with certified copies of the constitution.

Mr. JONES. If I understand the meaning and intention of the amendment, it amounts to kicking the door of Congress down, instead of knocking at it. Our Senators and Representatives are to go with the constitution in their hands and, per se, by virtue of this constitution alone, without its reception by Congress, are to demand admission. I think, sir, this is emphatically kicking the door down. Whether you call them ambassadors, or envoys to negotiate a treaty between California and the United States, I apprehend it must depend upon the action of Congress whether they shall be received or not.

(Here Mr. Jones gave notice of an amendment which he should move in case the substitute under consideration was rejected.)

Mr. GWIN. It is not knocking the door down to make a request. If that re quest is not granted, we do not expect to go and drive Congress out of its halls. I do not think this is a fair way of drawing off votes, offering this notice. The proposed substitute simply amounts to this: An independent State sends its Representatives to Congress, and they respectfully request in behalf of that State to be permitted to take their seats, and ask for its admission into the Union, having complied with all the requirements of the Constitution of the United States.

Mr. MCDOUGAL. I am opposed to pursuing the course indicated by my friend from San Francisco, (Mr. Gwin,) for this reason. Suppose our Members of Congress should by accident be taken sick here, or their business should keep them here a little longer than the time of departure proposed, we may not be admitted during the session of Congress. But if our Executive transmits a copy of the Constitution to the President of the United States, he (the President) lays it before Congress, and there will be no difficulty of that kind. Even if our Senators

and Representatives carry it to Washington, they must transmit it to Congress through a third person. I see no possible advantage to be gained by that course. The question was then taken on the substitute offered by Mr. Gwin, and it was rejected.

Mr. JONES. I now move the substitute which I read a few moments ago. Mr. GWIN. I hope it will be rejected. It is one of those propositions not becoming a free and independent State.

Mr. McCARVER. I was in hopes the amendment of the gentleman from Mon. terey (Mr. Halleck) would be offered here.

Mr. HALLECK. I think that after providing for the election of Senators and Representatives, it would be the proper place to introduce it.

Mr. McCARVER. Then I will vote against both this section and the proposed substitute, because I do not think they will be necessary.

The question was then taken upon the substitute offered by Mr. Jones, and it was rejected.

Mr. SEMPLE moved to amend the original section by striking out the latter clause, and inserting the following amendment: To strike out all after the words "President of the United States," and insert in lieu thereof, the following:

And the Senators and Representatives elected under this Constitution, shall be the commissioners to present the same to Congress, and ask the admission of California as one of the States of the Union.

He did not think it proper at all that the constitution should be sent to the President of the United States. As to sending certified copies, it would be just as much to the purpose to send certified copies there by a Chilian, or an English. man, or a Dutchman. If you want to send a commissioner to be clothed with authority, you must send him with the official copy of the constitution, by the authority of the State of California. It is vastly different from sending commissioners there with certified copies. Those who are sent with the constitution should have au

thority to defend it.

Mr. SHERWOOD. I have heard about commissioners to the Sandwich Islands, but never heard of one of the States sending commissioners to Congress. What would be the duties of these commissioners ? Some of them are to carry a copy of this constitution to lay before Congress. It is not to be presumed that they are to be admitted as members of Congress before the constitution is received and acted upon. They will be commissioners to Congress, not members. I think the gentleman (Mr. Semple) if he was elected Senator, would prefer standing there as Senator, and not as commissioner.

Mr. BOTTS. I want these gentlemen-call them what you please-to be some. thing more than four individuals to hold each corner of a piece of paper; that it should be their business to do this-to ask to be heard at the bar of that House upon this very subject. It may be one of doubt; it may be necessary that this constitution should be defended by able men sent there in behalf of the State; persons who will be able to explain to Congress why we desire to become a member of the Union, and what would be the effect of our not becoming a part of the Union. It is for this purpose, and not merely to bear a roll of parchment, that I want this House to pass such a provision. I do not object to the word commissioner. A commissioner is a man who has a commission to execute. I want these commissioners to take this constitution and ask to be heard at the bar of the House; to advocate it as the representatives of one contracting party, and endeavor to get the concurrence of the other party.

Mr. SHERWOOD. I would prefer, if they go to Congress, that they go in their proper capacity. If they are elected as members, they should go there and claim their seats, Congress having the right to receive or reject their claims; but if the question of admission comes up before Congress, then they should claim the right of being heard. I think, without passing any special provision in the Constitution, saying that they should go there with this parchment, if we say here that the Ex.

ecutive of this Government shall send this Constitution to the President of the Uni. ted States so that he can at the first of the session lay it before Congress, it will accomplish the object.

Mr. STEUART. Under the definition of the gentleman from Monterey, (Mr. Botts,) you must provide for the commissioning of these commissioners before you can send them on that duty. I want to know if we give them any more power as commissioners than they would have as the Senators and Representatives of an independent State. I do not agree with the gentleman, who supposes that we have to go there and beg admission. If we have any right at all under the Federal Constitution, we are secured in our right of demanding admission, and no other persons can so properly speak the voice of the people of California as her Senators and Representatives. We do not go to a royal power to ask for an exercise of clemency. We demand a right guarantied to us under the Constitution of the United States. I am in favor of sending to the Executive of the United States a certified copy of the constitution; but I am also in favor of our Senators and Re presentatives presenting this constitution to Congress.

Mr. HALLECK. I now give notice of a section which I intend to move between sections 11 and 12:

The Senators and Representatives to the Congress of the United States, elected by the Legislature and people of California as herein directed, shall be furnished with certified copies of this Constitution when ratified, which they shall lay before the Congress of the United States, requesting, in the name of the people of California, the admission of the State of California into the American Union.

Mr. SEMPLE. Upon the notification of that section, I withdraw my amendment. Mr. McCARVER. I am decidedly in favor of the proposition of the gentleman from Monterey, (Mr. Halleck,) but I cannot agree with the doctrine entertained by the gentleman from Sacramento, (Mr. Sherwood,) or my friend from San Francisco, (Mr. Gwin.) I do not agree with those gentlemen that when we elect Sen. ators and Representatives, that they are in fact Senators and Representatives having a right to seats upon the floor of Congress. We are but one of the high contracting parties, and until the other contracting party agrees to our proposition, it is not binding upon that party. We say, in electing these officers, that we are willing they should be such, provided the other party agrees to receive them. We cannot defy Congress by claiming that they have a right to their seats, whether Congress is willing to acknowledge that right or not. If Congress is willing to admit them, then they will be entitled to their seats, but not otherwise.

On motion of Mr. GWIN, all after the words "United States," where they first occur in the section as reported, to the words "United States," inclusive, where they next occur therein, were stricken out.

After further discussion,

Mr. GWIN said that it was proper to send a copy to the President of the United States, but that the constitution should be presented to the Congress of the United States through our Senators and Representatives.

Mr. SHERWOOD asked what General Taylor would think if this Convention sent him a copy of the constitution, and said at the same time that it was to be pre. sented to Congress through another channel.

Mr. STEUART thought the gentleman was mistaken on this subject. General Taylor, by the Constitution of the United States, would be obliged to present to Congress, in his annual message, a full exposition of the state of the country. This was emphatically connected with the state of the country. Mr. GWIN said there were two branches of the Government-one the Executive, and the other the Legislative. It was due to both that we should send them copies of this Constitution.

On motion of Mr. STEUART, the word "shall" was stricken out after the words "Executive of the existing government," and the words "is hereby requested," substituted therefor.

Mr. DE LA GUERRA moved to amend, by inserting after the words "President of the United States," the following: "For him to present it to Congress in the name of the people of California, asking to be admitted into the Union."

The amendment was modified, at the suggestion of Mr. HALLECK, so as to read, "in order that he may lay it before the Congress of the United States,” and was then agreed to.

The section, as amended, was then adopted.

On motion, the Committee rose, and reported progress.

On motion, the House took a recess till 7, P. M.

NIGHT SESSION, 7 O'CLOCK, P. M.

Mr. SHANNON offered the following resolution, which was adopted:

Resolved, That an Engrossing Committee, of three members, on the engrossment of the Consti tution in Spanish, be appointed by the President.

The CHAIR appointed Messrs. Pedrorena, Jones, and Vallejo such Committee. Mr. McCARVER then submitted the following, viz:

Resolved, That the Committee on the Engrossment of the Constitution, be instructed to prepare a copy on parchment, to be written in the English language.

Mr. HALLECK moved an amendment, but withdrew the same, in favor of the following substitute, proposed by Mr. Ord, viz:

Resolved, That the Constitution be engrossed in English, and a translation of the same, by the Translator of this Convention, be made and placed in parallel columns, and certified by him as a true copy.

After some discussion, the following substitute for both the previous resolutions, was offered by Mr. STEUART, and adopted, viz:

Resolved, That the Committee on Engrossment be instructed to have the Constitution of the State of California engrossed on parchment, in the English language; and that a copy of the same be made by the Translator of this Convention, in the Spanish and English languages, which shall be engrossed in like manner on parchment, and be certified by him, and both be placed among the archives of the State.

On motion, the House then resolved itself into Committee of the Whole, Mr. GILBERT in the chair, on so much of the report of the Committee on the Constitution, as relates to the "Schedule."

Section 8 was then taken up, as follows, viz:

SEC. 8. At the general election aforesaid, viz: the 7th day of November next, there shall be elected a Governor, Lieutenant Governor, members of the Legislature, and also two members of Congress; it being uncertain whether two members of the House of Representatives of the United States will be received, and it being impracticable at the present time to divide California into Congressional Districts, the two members of Congress will be voted for on a general ticket, by all the electors of the State qualified to vote at this election; and in case only one shall be allowed by the act of Congress, admitting the State into the Union to take his seat in that body, the one for whom the highest number of votes was cast shall be declared elected.

Mr. HILL moved to strike out "7th," so as to leave the date blank. Mr. SEMPLE remarked that there was an act of Congress requiring that mem. bers of Congress should be elected by districts in all the States. It had been the custom for some time to elect by general ticket, so as to give the dominant party the entire delegation. Congress saw the difficulty, and provided that each district should vote independent of the others. He thought, therefore, that it would be necessary to make two districts, and have them altogether independent of each other. The two members of Congress could then be elected in accordance with the act of Congress, one coming from each district.

Mr. GWIN said he was aware of an act of that kind having been passed by Con gress, but it was never regarded in the States. Mississippi, New Hampshire, South Carolina, all elected members of Congress without reference to this act. He (Mr. Gwin) intended to vote against the election of members of Congress if the constitution adopted by this Convention was to be brought before the Congress