California State’s September 9, 1850 Admissions Act

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California State was admitted into the Union of States known as the United States on September 9, 1850 as the 31st state in the Union. “An Act for the Admission of the State of California into the Union.”

U.S Senate and House of Representatives November 9, 1850 Act of Admissions for the Admission of the State of California into the Union.

California’s statehood came as the result of a series of five laws passed in September of 1850 that dealt with the issue of slavery and territorial expansion. In 1849 California requested permission to enter the Union as a free state, potentially upsetting the balance between the free and slave states in the U.S. Senate. Senator Henry Clay introduced a series of resolutions on January 29, 1850, in an attempt to seek a compromise and avert a crisis between North and South.

As part of the Compromise of 1850, the Fugitive Slave Act was amended and the slave trade in Washington, D.C., was abolished. Furthermore, California entered the Union as a free state and a territorial government was created in Utah. In addition, an act was passed settling a boundary dispute between Texas and New Mexico that also established a territorial government in New Mexico.

Compromise of 1850: Acts

From “Statutes at Large, 31st Congress, 1st Session,” A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 – 1875.

The text of An Act For The Admission Of The State Of California Into The Union reads as follows:

Preamble Whereas the people of California have presented a constitution and asked admission into the Union, which constitution was submitted to Congress by the president of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government:

Section 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the state of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects whatever.

Section 2 And be it further enacted, that, until the representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the state of California shall be entitled to two representatives in Congress.

Section 3 And be it further enacted, that the said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall nonresident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said state shall be common highways, and forever free, as well to the inhabitants of said state as to the citizens of the United States, without any tax, impost, or duty therefore: provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state.

Approved, September 9, 1850.[14]

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