WASHINGTON: SATrURDAY, APRIL l5 1850.
WEDNESDAY, APRIL 10, 1850.
Mr. HALE presented sundry petitions from various quar-
ters on the subjects of slavery, the slave trade, &c.
Mr. ATCHISON. Mr. President, I will make a motion
whic I tainkfsill promote the diaspaich of business t t 1i,
-9 taat mte nsa or'-mroi'NPW r H.ar4eA'i have leave to present
all such pet'iona to the iecret-ry, and that he b" auihorzed
to make the usual disposition of them. This would sate much
time, as ltnost every day nearly half the usual morning hour
is consumed by the presentation of such petitions.
Mr. HALE. I wish to remark to the Senator that he is
The honorable gentleman yielded the floor that a message
m:ght be received from the President of the United States.
Mr. ATCHISON. I will withdraw the motion. .
Mr. HALE. I was going to say that the Senator is alto-
gether mistaken with regard to my occupying time here every
morning. Instead of doing so, I determined long ago to lay
them by is they came to me, and to come'here with these pe-
titions but once a month, and then make a general delivery.
Mr. CLAY. I cannot allow this occasi-n to pass without
calling to the attention of the Senate a fact connected with
most of these petitions. Sir, the moment a prospect opens
in this unhappy country of settling our differences, these dis-
turbers of the peace, these abolitionists, put themselves in
motion-the Jays, the: Phillipses, and others in other quar-
ters-and they establish a concerted and ramified plan of ope-
ra'ions, and I want to expose it to the Senate. Here, sir, is
a little bit cf printed paper [holding up the petition which
had beon delivered to him] scattered throughout the whole
country. Some of them found their way into my own State.
I presented thin m the other day from Lewis county, printed,
I have no doubt, at a common centre, and dispersed through-
out the country, in order to produce a common effect, and to
make an impression on this body as if they were speaking the
public sentiment in this country.
The VICE PRESIDENT. The Chair begs leave to sug-
gest to the Senator from Kentucky that these petitions have
all been pissed upon.
Mr. CLAY. But I have one of them in my own hand,
sir ; and the Chair does not know how my remarks may ter-
minate, nor what motion I may make.
Mr. HALE. I call the Senator to order.
The VICE PRESIDENT. Tee Senator is called to or-
der. He will take his seat till the point of order is ascer-
Mr. CLAY. State your point of order, sir, and I will
answer it. State your point of order.
Mn. HALE. I am not to be disturbed by any loud talk
either before or behind.
Mr. CLAY. Vell, go on; no man speaks louder than
Mr. HALE. I rise to a point of order. I am addressing
the Chair. I will not submit to interruption.
Mr. MANGUM. I rise to a point of order. The Sena-
tor from New Hampshire has no right to proceed with his
remarrks unless he reduces his point of order to writing.
Mr. CLAY. If gentlemen will have a little patience there
will be no need for these questions of order. I have a right
to make a motion to take up these petitions and refer them to
The VICE PRESIDENT. The Chair is appealed to on
a point of order. Tha Senator from New Hampshire will
state what it is.
Mr HALE. The point of order I was about to state is
this : The Chair had ruled that the e petitions had all been
passed upon, and the honorable Senator from Kentucky says
he has one of them in -his hand. I suppose the petition he
has in his hand is one which I sent to the Chair, and was
passed upon and disposed of; and it did not, therefore, come
into his hands without being disposed of. That is the point
The VICE PRESIDENT. The point of order thenin-
volves a fact of which the Chair had no knowledge.
Mr. HALE. The Senator from Kentucky stated that it
was one of the peitt -insa which he held in hbs handle.
.;-I' -' i' I to khiw whether I may not proceed
_'.-s iervaltioa which I was addressing to the Chair,
I",. Nsalio.. s aif-tlthen conclude Ihlfinr by a marion io refer these peieiions
to a committee. I wish some learned friend, some of the
learned parliamentarians, would state whether he thinks it is
out of order.
The VICE PRESIDENT. If that question is presented
to the Chair, it is the opinion of the Chair that the motion
must precede the argument.
Mr. CLAY. Very well, sir; then I will make my motion.
The VICE PRESIDENT. I may be mistaken, and if I
am I shall be glad to be corrected.
Mr. CLAY. Well, then, I make the motion to precede
the argument, though that is not my opinion. I will tell
you what is the law. If a member gets up and makes a
speech of an unseasonable length, intending to follow it with
a practical motinn, the Chair may require him to state what
his motion is. That was once done in a memorable case in
which Mr. Randolph made a speech of about an hour against
a proposition not before the House, and not submitted by him,
when he was about to make a motion that it was inexpe-
dient to declare war. I called him to order, and he was pro-
nounced out of order.
The invariable practice, and the rational practice of every
deliberative body upon earth, is to allow a member who is
going to make a motion, to preface that motion by brief
and per.iaent remarks relating to the motion. Think, sir, I
know the law on tha subject, and have reason to know it.
Well, sir, I do not know that I shall present any such mo-
tion, but I have a right to put myself in order by making
such'a motion, and I trust the honorable Senator who is lis-
tened to by myself with as much complacency as any body,
will not manifest any very great impatience at my calling the
attention of the Senate to this ramified and concerted plan
of the abolitionists to circulate their little bits of printed peti-
tions adapted to all the variety of cases ; one for abolishing
the slave trade ; one for abolishing slavery in the Dis-
trict of Columbia ; one for removing the seat of government
from this District; in every shape and mode in which they can
bring up the question of slavery. I trust that neither the
Senator nor his friends, in the house or out of the house, will
manifest any great degree ofimpatience while I call the at-
tention of the Senate and of the country to the fact, and show
that the object is to manufacture a sort of public'opinion in
order to make an impression upon us at a moment when we
are endeavoring to heal the wounds of the country and to re-
concile its distracted and unhappy parts.
Sir, of all the bitterest enemies toward the unfortunate ne-
gro race, there are none to compare with these abolitionists,
pretended friends of theirs; but who, like the Siamese twins,
connect themselves with the negro, or, like the centaur of old,
mount not the back of a horse, but the back of the negro to
ride themselves into power, and in order to display a friend-
ship they feel only for themselves, and not for the negro race.
No, sir, there are not worse enemies in the country of the ne-
gro rac: than these ultra abolitionists. To what sorts of ex-
tremity have they not driven the slave-holding States in de-
fence of their own rights, and in guarding against those ex-
cesses to which they have a constant tendency.
Now, sir, I have said all I intended to say. I have some
of these petitions, which I wish had been presented to some
other person as the medium of communication to the Senate ;
but they shall not deceive me by this attempt to create a false
impression as to the real state of feeling throughout the coun-
try. I will make the motion, if the gentleman insists, to take
up these petitions; I have a right to do it, though I have no
desire to do it.
No wish being expressed that the motion should be made-
Mr. CLAY continued. Sir, while I am up I will pre-
sent some petitions, not exactly of the same character,
but which relate to business before the Senate. One
of them is a petition signed by a great number of peo-
ple, some of them very respectable, from my own knowledge,
in the city of Philadelphia, recommending to Congress the
passage of a measure in regard to Mr. Grinnell's prosecu-
tion of the search for Sir John Franklin and his companions.
The petition presented was from merchants and other citi
zens of Philadelphia, setting forth that it is deemed essential
to the success of Mr. Grinnell's scheme to have thirty seamen
belonging to the United States navy, over whom the discipline
of the navy may be extended, in order that the search for Sir
John Franklin may be effectual. It was referred to the Com-
mittee on Naval Affairs.
Mr. HALE. I wish to take occasion to make a single re-
mark, as allusion was made to me by the honorable Senator
from Kentucky. He counselled me to a good deal of pa-
tience. Now, I thought, sir, if I had been old enough to ad-
vise that Senator, that he stood in need of it before I did, and
more than I did.
Mr. FOO J E. I call the Senator from New Hampshire to
The VICE PRESIDENT. The Senator from New
Hampshire is called to order; he will take his seat.
Mr. FOOTE. I withdraw the call at the suggestion of
friends around me.
Mr. HALE. I thought the honorable Senator from Mis-
sissippi would not be so unkind as to refuse me an opportunity
of making a personal explanation.
Mr. FOOTE. Certainly not.
Mr. HALE. I was simply going to say that I thought the
manner of the Senator in speaking to me, after I had the floor,
and while I had the floor-however our situations may differ,
however humble I may be as an individual-I thought that the
manner of the honorable Senator did not accord with the
equality of rights that gentlemen have here on this floor. I
am not ariogani n..ur presuming; I desire -in the humble sphere
of my duty it,.) d.) it. an-I, sr, I need not tell the Senator that
I-sLdMldl it; and ibhat r, insinuations, no threats, no talk,
load or low, ,m'naug from any quarter, under any circum-
,iancee, will deter me from it. I Khave but one light to guide
me, the light of my own conscience, to' walk in the path of
my duty. There I must go, and no exhibitions of any sort,
coming from any quarter, at any time, will have the least in-
fluence upon me at all.
Mr. HUSK. Mr. President, I raise a question upon the
reception of that petition. I feel deterred from adding a single
word to the eloquent, manly, and patriotic remarks which
have fallen, a few minutes ago, from- the honorable Senator
from Kentucky. I think, sir, that these remarks will travel
to the different portions of this country, as well as other re-
marks he has made upon this exciting question, and that,
coming from an individual who has served the country long
and faithfully, who has now arrived at that stage when his
ambition must be only to depart in peace and see his country
restored to quiet and happiness, will have great aweilht and
effect. I cannot bel:eve-I have refused to cpre-As the be..
lief-that there is a majority in the free States of this Union
that countenance the incendiary measures with which we are
constantly annoyed, but which can have no other effect on the
face of the earth than to alienate one section of the country
from the other, and to make us enemies instead of friend's.
Why, sir, the day before yesterday the petition which I
hold in my hand was presented, and doubtless hundreds of
others will follow in its train, asking the Congress of the
United States to enrol the slaves of the slave States in the
militia. Well, sir, what would follow after the enrolment,
what would be the consequence of placing arms in their
hands ? To what would it lead ? Does not every body know
that incendiary publications and incendiary speeches are cir-
cutated all over this broad land with the intention of exciting
that class of population to insurrection ? Every reasonable
man must see that it would have that effect upon them. In
what condition does this place one section of this Union ? I
have made no advances to the North ; I have made no ad-
dresses to her fears in this controversy. I have asked nothing
except from her patriotism. Do these petitions represent the
feelings of the North ? Do the r presontatives who consume
time iR creating excitement, and then taunt Southern Sena-
tors with replying to their speeches, do they represent the
feeling of the North ? I trust in God that they do not. If
they do, what will be the consequence ? It is intended, or
at least seems to be intended, to produce precisely what I have
slated; and, if evil consequences follow, we cannot go back
and relieve ourselves from them by looking at the good inten-
tions of the men who have produced the mischief. The effect
of this course is to appeal to the slaves which I have at home
to rise and burn my house and massacre my wife and chil-
drean. And this is bravery God deliver me from such
biavery. This is boldness If this be a conscientious d s-
charge of our duty to our God, if this be manifesting a pro-
per degree of nerve and bravery, then have I reflected and
learned from others older than myself to but very little purpose.
Sir, I will not proceed further. I hope, I pray of God that
these things may cease. I appeal to those who agitate them,
and if I thought I could be heard among their constituents,
I would call upon the freemen of the North to rise up and at
once rebuke this sectional feeling, which must, if it go on,
end in making us the bitterest ofendmies. If, sir, upon my re-
turn from my seat, I should find my house in ashes, my wife
and children massacred, though I have not much bravery-
none to boast of; I trust I have enough, however, always to
conduct myself properly with all mankind-I would fe, l
that I had disgraced the name of man if I did not consider the
incendiary villain that had stirred up sach mischief in my do-
mestic circle as my enemy. And if I did not, as long as a
drop of blood coursed in this good right arm, treat him as such,
I should consider, sir, that I had degraded the form of man.
I ask, in conclusion, that this petition may be read.
The ,Secre-sry re-ad ihe p.iati.-n a; Iolliona:
7To the Senate and House e/ Repressiaiunires of the United
Staltenf ],/'. ia t 'i. ,atl C-m'ft rc nit/ne.i.i-c..
"e-, the unde-rsigne I. ciliz,.ii r.Il ah-- -.rtni of Onlrna in, n
th. State ot New York, in view of the provisions and compro-
mises of the constitution enjoining upon the people of the
several States of this Union an equality of burdens necessary
to the maintenance of a Central Government, would call the
attention of Congress to the present inequality in the military
system of the Uion. In the enrolment of the national militia,
a distinction is made, whereby a large class, numbering more
than three millions of people, are entirely exempted from en-
rolment and military duty. This large class, residing chiefly
in the Southern States, the chief burden of the system, and
of the national defence, in ease of insurrect on or invasion, is
thrown upon the XAorthern States. In cases of insurrection or
invasion, the whole power of.the North may be called uponto
defend the South ; but we respectfully submit, that in similar
cases occurring at the North, our reliance upon the aid of our
Southern brethren must, owing to the inequality to which we
have referred, be extremely limited, if not utterly vain. We
respectfully insist that all the burdens and obligations of the
people of the several States ought to be, in all respects,
equal and mutual..
We, the undersigned, therefore respectfully but earnes ly
ank and insist that your honorable body will immediately re-
medy this inequality, by the passage of a law for the enrol-
ment of the militia of all the States, which shall include all
classes of persons, without any distinction of color or condi-
tion ; and your petitioners, &c. .
Mr. RUSK. This petition was presented and laid upon
the table the other day without my noticing it.
Mr. BUTLER. I stand somewhat peculiarly related to
this subject. The other day I felt satisfied-what is fully con-
&med this morning-what would be the consequence of re-
laxing the rules by whi-h petitions of this kind were excluded,
or rather not received. Scarcely had the fires of sectional
excitement burnt down and become somewhat smothered,
before this morning we see a member representing a sove-
reign State ina part, pouring them in here, as he would fuel,
to kindle a fire which all must see is putting in jeopardy
the institutions of this country. Mr. President, suppose
the entire Northern population should become affected like
these petitioners, and should use language and indicate
views such as are expressed in this petition, could the Sout'i-
ern people live with them as brethren ? Thun what is the
object of these petitions ) It is either to insult those associat-
ed with them under a common compact, or to excite and
spread a public opinion at the North that would assimilate the
opinion of the entire population at the North to the opinions
expressed in this petition. My friend from Texas says, God
grant that the progress of this thing may be arrested ; but,
Mr. President, I am afraid I utter a truth when I say that
that progress is not destined to be arrested. Sir, two of the
most distinguished Senators on this floor have exerted their
voices and their influence to arrest it, and what has been the
consequence ? It has brought down upon the Nestor of the
Senate, as the Senator from Kentucky (Mr. CLAY) is some-
times termed, a systematic attack from different quarters.
And what has been the fate of the distinguished Senator from
Massachusetts, (Mr. WEBs-raa.) Why, public meetings
have been held, and he has been denounced in every form,
and fir what ? For avowing the broad duty of good faith in
compliance with treaties and the compromises of the constitu-
tion. Sir, hhat very influence of which I have been speak-
ing is exerted through this body, and the Senate of the United
States is made the heart from which this poison is to circulate
throughout every part of the land. And there are those here
who minister to that feeling by making themselves the instru-
ments to present these petitions, to get up this public opinion,
for the denunciation of one part of the United States, or with
a view to organize a party in another, by which they are to
array them in a hostile attitude towards each other. And yet
when Southern gentlemen rise and complain of this, it is little
less than treason, according to the press of the North, and
according to the view of some of these gentlemen themselves.
Moderate men rise and appeal to the constitution and are re-
probated. Men more interested rise and express themselves
more warmly. But all are denounced. Constant attrition,
Mr. President, will wear away the solid rock, and this con-
tinued dripping from the abolition fountains-pollumed foun-
tains as they are-has already made an impression of some-
thing mere than mere attrition. And yet these petitions
will continue to come, and I know of no way of avoiding it;
and as I said the other day, let them come, and with th, m
let the isume come. Let the issue come For I repeat it is
impossible, until we create an issue, and one that will put the
Union in jeopardy, to have an adjustment of these questions.
Let the issue come, then, I again repeat.
Mr. FOOTE. I must confess that I am not so much ex-
cited on this occasion as several of my beloved friends here, or
as I have been myself upon several former occasions. I rather
think, sir, that the action which has been commented upon
-the introduction of certain petitions here, and the agitation
kept up in connexion therewith-is simply a part of the policy
of a certain class of politicians in the North, with the view to
the cultivation (as we have heretofore had very broadly ad-
mitted before us) of a sort of local popularity, with a view to
their own personal advancement. I do not believe, indeed I
feel assured to the contrary, that in the States of the North
there is such a condition of public sentiment as %ill justilfyv submilled to) me for tha pu-p.--.ee. I wviihh.Jlri none. I de- along very well, and then the whole would be under the con-
the movements of certain persons, here and elsewheic, uup ,i1 I'd and vindna' c Tho..e t hllh I r- i. i.-N plah tol. dhfei.l Iol of one head, and we should not have conflicting jurisdic-
the questions referred to. Nor hasany thinr, nihcbh ha. ,c- and vindicate, ai. I |le'ie taiht %'a, tioai.oai or dir,,:e, I ms, whichhave led tothe difficultiesthathavealready arisen,
cured this morning induced me to believe that the Urnl., I and tor future c:.ri6,ltra.-iia, hoke nh,,.i I p-r...-a l int,, i aid which will end nobody knows where. I make thisstate-
in greater danger to-day than it was on y-lsriiaiv, or ihe dav' aldacation or del.r,... 'l-t, is n rul.- .A ia,ton.. .) h.r m ent for the purpose of explaining why it is that I myself
before yesterday. The iold saying is, that the darkei[ pi.t.i.,l : '&ators have a dallrvni tlua I',. ''tv itnk tI,. tp,', a irala', -:.,all vote that the words "Secretaryof the Interior" bestrick-
of the night is just before day, and I trust, s-r, that bthe morn. .r. thtil they a'st-i L..u-I o itli,:enr winti., t-rine.'n pIt'-I.n- int out-not with the intention of inserting the words "cen-
ing of our deliverance is now dawning ur..:.n u, siad ih, ttt wlich tLcy vlil pr,-n-rit t ita. t..o ly a.l .t-]oe which th., -4-as board," because I think that three pe-sons will not be
period of darkness and gloom has well nigh teIriinated. MrI. el not. I du n.., aI.,,L-, tla.r n-..a.-l-. I d.o notu a .tiih m a .1ilo to get along so well as one; but because there is no
President, if honorable gentlemen are re.allv -'rkua.iocd, a- I in'the least. I h.:.uld thav- i'hId I.-. -.ti lhil I ur.-. ", M'. .rtainty lhat the office will continue. If the amendment
know they are, that the Union is in such :er,.u-a ddarner, arid t'eidint, as I-nea a I h. Il0d, ;1 I hbid IA,.. It -,r '...m Iucced, I will move to substitute some one officer instead of
with itthe prosperity and happiness of all thesei Slalte, htIhy my -iwn inftirmii tte ,.bligiliun .,l Ju.I-:e and 0lian, i.I Ihe census board.
oughl to feel, and doubtless do feel-indci l I kno tiv doi ittle m.tlives of olher I h I ll I .i -.hrk '.l-iI, ahI p-t.ri..-n. Mr. DICKINSON. If the Senator will move to insert
teel-still more strongly inclined to adopt -.,r plan, .A ira'er- tIe ouf *hal is mv duly, u.tra say 3 erur.i a,:w.,l-s -o :. ..onr.- either the name of the Secretary of State or the Attorney Gen-
nal patriotic compromise or adjustment, t.yv baterer name 14o a little futhlir n sepla n ii.-n, Lecadu..- I halll .,te ...r ,ial it will be acceptable to me. I wish to add that it is out
they may choose to designate it, which inay ,ercue Th, Rel.- arriving this pliton. I 1 ill 'l- a v,i' 1a.l lr-.r'.:ljlai...n i. -f no ill will toward the particular individual who will have
public from peril, put down faction and fail.n..n.,ts, an -secuie rJect it. charge of this business. My impression has bfen from the
a triumph to sound principles and their patri..-ac ad'orat,.-, thMr. CLAY, (in Lis s .iLt.) The roi...i ia- l.. r ..:1 t!? t)e ginningthat the operation of this Departmentwould beper-
over their fierce and unscrupulous adveisreas, who a ie e-aT-uT of hi l],tition micious. I said more against it before this Department was
banded themselves together for purposes wth all ,o..d rm.in 'Mr. EWARD. lirihak tle hon.:-ral le ,n.nf.l. r.-iu K. i- t.-ought into being than I have said since. My apprehen-
must condemn, and aid in defeating. I gil.iv, ', in rt' cil- t-cky f)r the inf..tmaai-..n. I ut. r..,,,d ;i a.. t.. a ni...-ti..... i saons have been realized ; the effect has been bad ; and I am
ing that this body has it in its power, in a cenain m.,de-, to ap ripect the p. tltion itself rnow unwilling to devolve other buhincss oi it which can be
ply a most efficientt corrective to this actui.-,d elt ot agna-. AMr. SEWARD. I am %er i t.1.t. l,, ro.',,r thie ,- ilni- thrown into other channels. I believe the good sense of the
tion ; a corrective that my mind has deliberaIfel. ont-mopla.id tion. I furnishihEs me an ...ean a on a- hi1., I ,.a,1, i. hl, i. ia Administration will lead it to see that it conduces to mischief,
heretofore, and in reference to which my jutgn,.it il ha I.--ng pIasure end sanifacti-in, n.mr,, .t lih, -i. h a rL., I tr,,.ro,ti fid that it will be disposed of. I care not vhat officer is
since beenfully'madeup. I repeat, sir, that ihis- 1.-.dy ha a .o:n- and cherish in regard to t, ,-s.,r aiiut,..-n iat.d l llt thI n:ilt- rnmed in place of the Secretary of the Interior ; if the Sena-
servative remedy under the constitution, %%ttch ma, I.e used lions of this country, r front Alabama will name the Secretary of State I shall be
to some extent for the. purpose of suppres-ing hi agilt.ilit..n, I have bad .':asi.,u to Ear. v h..r.a ...]...a- aht. %%htlb I .et,. craitied wi h that and ready to adopt it.
and to relieve the country from those eikl \rlicti hIi'e been. that all men have "natural und ihii'ir.a-l.l: rg'icI, a., ll., I.-- Mr. KING. I should be satisfied wih either of them, and
so clearly depicted, and so strongly and juslly reulrobaLa.IJ tIl- ,lry, .n the pursuitt of haplire-," and ath.i 1 t iLe itun.li. would as soon have one as the other; I have no choice be-
morning. To be entirely explicit, I will ay tial I, fo1r orle, menal purpose of thIbis (G-, eirin-i it- ,Lclu'- thie. .rI,it, 3,1 i-veon .i 0t-, -aut I believe the duties devolved upon the At-
let other gentlemen do as they please, intend l.) lo -k Lerail. at the same tlimesurh iislilult.a4,.- a- it-t am-tongi in. .t -o.-i ., rney l;p,-oe,al a-e less onerous than those of the Secretary of
ter, at the right time, and in a proper spart, to all tih, n ni- he held and- maintained unril hcv Tc an ..: i.-d- ..It-tl, la-tlu' .-tate. I believe the Secretary of State has as much on his
nationsforofficethatmaybepreEentedtoushertatt, lii, ajtlla. and constitutionallv yhance.-). I aum III I',,, as I t,h- ..a,.l, hands of appropriate duties in his Department as he can by
those now before us, in order to ascertained tpectise inilirr, ce of the emancipat,o.n of tbhe ,- .- in 111..1,- auy, I a,,d t, il possibility get through with, or any other man, however in-
under which they have been made, and up.-n nh.-s, r :-.i. rounlrts ; hul, as I have said I-.,-l..i-, I ,n .1 la,:.r I., I. dustrious he may be, or however capable of enduring labor
mendation the nominees have been so fo-tunrile a3s t .oair,n Ing that Obje'tl only by t-eac-tol, Is.,-tl, aid c...,,a.iu..,, .I ,nd I would not devolve further duties upon him that he can
the favor of the Executive. intend to I .-k t.,Ck l.a, allI hl,. means ; and where lthe cr-itul .n ,I. ,.tl,.., Itea., I t....r ot perform. I would move, therefore, to insert the words
facts cennec'ed with such nominations, arid -.) aCei ,- it.1-r 1e r,:ceite ihi, petvionond i.j. at1- praI-a,, ; .-Ir, it-h.i .',.ct- -Attorney General" in lieu of thewords "census board."
myself and for my constituents, whether erlain mtluei,,, ac nt to be grsnt.d, a in eact %0c-..,rt,u:- .h .,l t-...,-r..t i Mr. BUTLER. I must be allowed to say a word. I
a malign and dangerous character hav I..-ter, at all a.-.-:i- hae bet.ire ,roposed in regard I.- p.h I...r a d,. lur,..,, ..I ;-and almost alone on this side of the chamber. I was on
ated with any such nomination. I intn.l l.., a.c,:-ali it the Union. It belongs to the 1,1-.- 1tter. a- ,-i .a.... the census committee, and I found that these duties, by law,
these nominees, or their principals, stand -.rniaclrd woh aany to) abAhish it there. To arm an-i ,.rgjt.- ti. s' ., ...t.jIht a lad been assigned to the Secretary of the Interior q and I
of the attacks which have been made upon teriin d, i. a means of tlulence to cflt.t tmancii.alinon uc.ii.tluAi..-i,,, I.,lieve now thatthe opposition to hi. discharging them arises
gushed patriots and statesmen here, onaceountl olt hir laudi- m niola-i.m of St,,te glts. tom opposition to the department itself. I obviate that ob-
bleeffortsto vindicate the dignity of the Con-r tiu .n, to trdl And now, whatever may be ilernd, d F,r m.', h.,.r .ac j.ction by a very simple process of reasoning ; and that is, if
their aid, as they have done, to a scheme of pao ifti,-att.n or where, I beg honorable ..,ent,:.rs to un.e,', and ITh,- it -l. 'his department shall be abolished, and its duties assigned to
compromise, to relieve the country fromie silig peil, and to oltn, rundut for the [future. I smil a-tea a.,.l tt.: t.i-i. --ime other, these dutes will go with the as-ignment, and,
establishour institutions upon a still firr.r f..unduti, tharn of bni member l ithis bdy.. I shill net,:r dclend inm,. II therefore, I cannot see why there should be a disposition to
they now occupy. I intend, forone, if I c.n, t,:,a~cri.it, rhe. agant, any imputation offult ues mad- altar,a ne I iuct, usist so strongly on this measure. If the duties of the
their any man nominated for a high or a p.itv .lifice, -.nd, itiuputatiuns are made, in wtat,-lr ehaipe the, rnai' com.-, ,fficeof the Secretary of the Interior go to the Secreta-
affiliated closely with any individual, promairia or ..-ih,.1F-., lthey hase done in variouss ,hapep herr, I .-h,lt pi.l. h,., I. ry of Slate, this will go also. One word more. If we wish
here or elsewhere, who has exercised ant I. ll- ciCe In g.:.tng in lsilenrce. They will not in Ibh least disturl. ti i ,qaiiiui.v i maintain a symmetry or any like congruity in our depart-
up these attacks upon high character, .r r in 'ht- h,t- ,.- I will venture further toa di.utie Ihose *th-) leivy riit,k thu-n hali ments, we ought to keep then separate. This creation of
agree responsible for any of these malign a3id unp.rc.pl.d a,-. LhtEy wll not In the leal degree change miy -...-,il l.i, p- -abordinate departments to regulate the census takers, is a
tacksmade upon distinguished statesmen hl-re. I s-. Ii-at 1, ae.lungs in regard to th-m. And I shall prsucu alt,. ,-, r.., r ai.mporary measure, not -recognised, not known in our sys-
for one, upon the ascertainment of such i'asc, ,,trJI a., u-e ihr simple reas.-n th,at at a differcn i oue a p%% -su.,J t.v a,. i.-m. Why, then, shall we devolve upon it duties which
the conservative remedy which the Constitutionli has g'Tn t) towid a others, I shotull r Xpec 1t to hae t,. h -t e -.;.-al up-....- ake it in some manner a recognized department of this Gov-
u,, for the purpose of defeating such norniuati,...r, and I, hi. ithem which an. waint ,l kindnsts, or cour'e-y, .r r..-pr, a.,. :rnmett? I have voted alone, and shallcontinue tovote accord.
ing the persons to whom I have alluded a ,.-.und _..lta,.-.l rad-s me on ihtir p-irt bhas upon inse i andlht ,I ju-i x. 1, a.g to the convictions of my own conscience. I shall vote far
lesson, which I have reason to believe nIdl n. ,.-. e.ti,tir.l O 1,o ,tia whate-ve,-no ,ffcl at sill. They h,u. co,,oult at,. 1. its going to this department, because I think it is better to de-
lost upon them, nor wholly unprofitable o' i-ol. c,,n,, cor.s:iecee, their sense lf p .Ipieiv, I halll .n-ul nt. e olve it upon one department than upon three.
will never consent that any portion of the ,.rfic,,l i -lli,.,ce ..1f a when I shall ,eae from lThis b,.dy, at the t.,,a,,.In ,-a ni The VICE PRESIDENT. The Senetor from New York
this Republic shall beexercised in opposi I .n 0 ih l-e...i,-,ut ltrm'fofficce, vcry nm'lnber who Lasll continliue herxic ihiu,.: alifiw hie amena-Iment by inerio ti-l-e words "'Serearv of
lion, to the injury of revered patriots, and f..ir the ine tthruiv oIl i find that I have t ndiaitd ialthis r ule u f i. -n. I bate -- a.," f.-r ti- rl,,.,r -. -r- n b-i d..-4... ..e T *on -I0 ..n
thoso noble institutions which our veneralte-1 ore;a'icr, li te never reloiled nor retaliated I ncver shall. -rItti i,- 1Out trI ,,,' % % ri aa, ...--I 'h Ini.i .a r aI.- r.I
bequeathed to us. I consider it my most suol, mIi duiv, in -t f- Mr. CI.,1_. I ri-e to say a single word, said that is, 0 s-tuirng The ...ra--".--' .. ry ., .-"a t,
rence tothis whole matter, toapply this rourrcite Icail.- se'i, Iepre-_s a htelhai therewill bI no furtherdicuioii, bul ,Iu A ,liih.it -.in alt d i- 1 tt.I" i f tet- Xea.. - .
promptly, unsparingly, and, if possible, tt i- l,)u .l\; i nt.l I the voaewill b taken, ar iiken in Ihe manner I hat 1, -a -i.,- ta- 1- 1.. ta 1a r t r
have made this formal announcement vul the i-, i-L.e tha t i d, with a soIemriiIvsard urnanamilty thicb, I amsnri, anu bauIe The \' ItC 'IIFtIDEN 1". l-hc 1-1a 1-11n r ca i i'iriti-
may have a salutary influence even here. I nmak-: n.) itesical a ,io,c tI 11. Thb edition, be l remembered, h, haheti re- ,rng tuu all tltr ahate ticttheli, ,:., at ,,i-:rLi- it-- ut-iil.
personal allusion, of course, to arny mem'uer ut' ouii n bi.ihto ceaved. c Th- ran theiet...r- be no reproach again. h ii ti.' i .I 1t1 *r ir t a ltr h.,m -..G a sI aarn.-t., an. a.. t.his
-'his wouTd be unparliamentary-but I d.) trust lhai '--_alin are for not receitrug it. The question ow ", ehalt t- rIasI:[ a, .1a. -r ite H a o ,l ,2 iru ..,.i a..
individuals who are known to be particularly at-ni.,.j of L.a granted 1 And l-at prayer is to do whi o man can cra It'- ,lu.-,,i. t. i I: tiit-ia, u ra.Iih.. as t ilowa.
having an active participation in the distrlttu'i ..fin -- ih. i. -i, I ye or dream of %iihout hoaror end dismay. The pl..--. E AS-M ,' idh,...,-, Lhu., Dickiunson, Doani, H.de,
of office ; who, in fact, are rather "notori-,ui" lor al. ro, tp1.) tion is to embody every slave in the United States in the ma',- MlNu\\u_,', Ku., t, MurtBd t ,ut ruBl Bnri or," Brad.
tuantopol a r I t:,-tts, trust N Ba~-ean.hadger, llald'saut, Bell, Benrtorn, Brad.
monopolze the whole officiall patronage unIhrh I'tder-l Cl tia of the ULnited Staea. Sir, I trust honorable Senators are B yriht, Builtr, Clarke, CI)v, Ciemrns, Cooper, Cor-
vernment, will take seasonable warning I'rm the hirt r,-v prepared to vote upon this quaeliun. The Senaior who iits )win Da , r CllrsehsCli,'vto, DCmgea n l loC Dodge,
imparted, and that they will understand that .--me oat ui ,r, near me (Mr. Sawant) haa, in a very calm, orderly man- of Wsonsin, [ais nlas, it'cleh, Greete, Hii.lin, Jones, MAon-
resolved to meet them with this potent re.-m'dv, sb-I[.lputlan ner, expressed his views. Though we may not agree with gunm, Miller, Nuorri, Pearce, Ph-elps. ceurd, Shieldsla,
end to their local consequence at home, by d, te'taug a rtcy no- him, let us say nothing more, but go ao the vote, and ao'e, by Smith, Sprunece, Underwood, 'ales, \\ slker-38.
initiation which they may have had the I-ait agency in bang. a singular instance of unanimity and derision, against the So the motion was not agreed to.
inatii .er..'e ithe S nate. 1 ahonrinable pramyr of the Teidtion. The bill was then reported to thab, Senale, and, on nmolion
Mr. MALE. As thdee remarks have b.:e cillkd Tr..nh. Then motirn Aas put 'onm the, Chair, rand the ea- mdidnsa- of Mr. I.\A\ |I, ot Mlt- iluu,.-t s, t i l-,j'iiiti on c...ncnarrr.g
sir, b.y alat I ate done in prieienting pitll)ns here, I wish having been taken, resulted as follows : in the several amendments taken together was agreed to, and
a.- put moel" raighti .n a particular -iuT-c.. YEAS-Messrs. Atchison, Badger, Bell, Benton, Borland, they were concurred in.
Mr. FOO16 E. I did not allude to the Senator from New Bradbury, Bright, Butler, Chase, Clarke, Clay, Cooper, The question being taken on ordering the bill to be en-
Hampfhi.e. Corwin, Davis, of Massachusetts, Dayton, Dickinson, Dodge, grossed tor a third reading, it was agreed to ; and the bill was
Mr. HALE. I am glad to hear it. I was going to tell of Iowa, Dodge, of Wisconsin, Douglas, Feich, Foote, Greene, read a third time and passed.
the Senator iromn Mississippi that if he had alluded to me, he Hale, Hamlin, Hunter, Jones, King, Mangum, Mason, Mil- The Senate then, on motion, proceeded to the considers-
might as well have saved his breath for some more valuable ler, Morton, Norris, Pearce, Phelps, Rusk, Sebastian, Se- i of Executive business and, after some time spenthere-
purpose, because I wish to state to the Senate that since I ward, Shields, Smith, Souls, Spruance, Turney, Under tn of Executive business; and, after some time spent there-
wood, Wales, Walker, Webster, Whitcomb, Yulee-48. in, the doors were re-opened, and the Senate adjourned.
have been in this city I have never, except upon one aca- NAYS-None.
Sion, had the patronage of a single individual in my oltlamds.
sion, had the patneve r given advionage ofexcept in one single in stdividual in my d So the motion was unanimously agreed to. THURSDAY, APRIL 11, 1850.
teI have never given advice except in one single instance, and TH U e I. Mr. DOUGLAS. I present a memorial of the citizens of the
then it was because I happened to be the only man from New THE CENSUS BILL. United States residing in the valley ofthe northwestern lakes,
Hampshire in the city, and even then I was so unwilling to On motion of Mr. DAVIS, of Massachusetts, the Senate asking the adoption of measures for acquiring the right to the
take the responsibility of giving advice that I consulted with then proceeded to the-consideration of the special order of freenavigationofthe St. Lawrence. The memorial sets out with
the Senator from Massachusetts, who has resided there, and the day. a very well written representation that the business and corn-
that man has been confirmed. That is the only solitary ap- The VICE PRESIDENT announced that the special or- mete upon the northern lakes has increased to such an ex-
poinlment I have ever tendered advice about, or been asked der was the unfinished business of yesterday, the Census tent that the present outlets to the ocean are incapable of fur-
about by this AdmInistration since it came into power. No bill, and that when the Senate adjourned the following amend- fishing the requisite means of transportation ; that the New
friends of mine have any thing to gain or to lose by any in- meant was pending : York canals are now so crowded'beyond th,-ir capacity, that
fluence of mine of this srt. I have never tried to exercise <"Be it -urther enacted, That the preparatory printing ren- the effect is not only to delay but to create great uncertainty
any, and I never mean to. So much for myself; if any body dered necessary by this act, so far as the same is not already whether contracts for delivery can be complied with. They
else is hurt, they may take care of their own sorb places, done, shall, in order togive dispatch to business, he done under represent this as a growing evil, and as a serious tax upon
[Laughter.] "contract with the census board, on fifteen days notice, by the whole northwestern portion of our country, and increasing
Mr. FOOTE. All that I have to say is, that I did not in- the lowest bidder." t hoenthteot o of tranp rat u
tend to allude to the Senator from New Hampshire. I never After a long debate the amendment was adopted, 26 to 19. to such extent that some other mode of transportation must be
suspected bhim of having the least influence with the Admin- Mr. WHITCOMB. To make.the bill as reported by the provided. They set forth the feet that $8,000,000 have been
istration. [Laughter.] I never suspected such a thing. I committee correspond wih Ithe amendment proposed by the vested invessels upon theselakes, and thatof thist8,000,000,
never heard him charged with having the least influence with Senaeor from Georgia as first amended, I now offer the fol- at least $2,000,000 are vested in vessels well adapted to the
the present patriotic Executive. God forbid that a suspicion owing amendment to the original printed bill, so that the navigation of the ocean, and that they lieidle five monthsin the
so unjust to the Executive should ever enter my mind I Senate may choose between the two on the final vote. After year in consequence of the ice. If they could secure the free
[Laughter.] He might have saved himself the trouble of the words "the contract," in the third line of section 21, i- navigation o the St. Lawrence, they could be used throughout
vindication, as I distinctly disavowed any allusion to him. If sert the words "with the lowest bidder." the ye ar, either on thelakes or on the ocean. The stout prayerwith
there are any persons here or elsewhere that feel-to use the The amendment was adopted. a great variety of facts, and they conclude wi th the prayer
language of the Senator from New Hampshire-that they Mr. UNDERWOOD. I wish to present a test question that Congress will take such steps as will secure this free
have "sore places," and will point them out, I will say at to the Senate in reference to the compensation of the marshals, navigation. I ask that the memorial be referred to the Com-
once whether or not I refer to them, because I am perfectly and therefore I move to strike out of the amendment of the mittee on Commerce, that being the committee to which the
willing to be understood. I think my allusion is understood Senator from Georgia the 9th see'ion providing that the corn- bill which I had the honor to present a few days ago was re-
to some extent, and will be understood by the country, and pensalion cf the marshals shall be so and so. My object in ferered; and I ask the early attention of the Committee on
I -wish to be understood by the country as being solemnly re- making this motion is to bring the consideration of the Se- C commerce to that bill. I was in hopes it could be passed in
solved to act upon the principle which I have named. nate to the different modes of compensation provided for the time for the navigation and commerce of the present year.
Mr. BADGER. I move to lay the question on the table, marshals, and to get it to decide between the plan of the comrn- Itmay til be done in time for the fall trade, and enable us
Mr. (LAY. Mr. President, it has been my constant mittee and the plan of this amendment. I therefore shall to get off the vast surplus we have there to a foreign market.
cotnse, through a conviction of its expediency, to receive move, if the motion I have made to strike out shall be adopt The memorial was referred to the Committee on Commerce.
generally petitions whenever they are presented to us for any ed, to insert in place of the matter stricken out that which RESOLUTIONS FROM MICHIGAN.
object at all within our power, or 'respecting which it can be has been adopted by the committee as the plan of compen- Mr. CASS. Mr. President: It has seldom fallen to my lot
doubtful whether we have the power or not. I adopted sating the marshals. A very short statement will furnish the to perform a more acceptable duty than that which now de-
this course many years ago, upon- full reflection, believing reason for making this motion. I have taken a county twen- volves upon me. I present to the Senate the Resalutions of
that that would happen which afterwardsdid happen-that ty miles square, and I have made an estimate according to the the Legislature of Michigan, rescinding the instructions
they would connect the subject of abolition with the right of plan of the bi:l offered by the Senator from Georgia to show which required the Senators from that State to vote for the ap-
petition, and they would acquire additional consequence from the amount of compensation which will be given according to plication of the Wilmot proviso to the Territories of the Uni-
such a union of the subjects. But, sir, this petition is a very the steps or different grades of compensation provided for in ted States. This is a peace offering upon the altar of our
different thing. It is the first time, I think, that any such the bill; and the result of it is as follows : 76 inhabitants to common country. As such it was intended, and as such I
petition was ever presented. What is it, sir ? Why, that the square mile will give you 30,400 people, and will give trust it will be received. In this broad land, extending from
the whole negro population of the country should be enrol- you a compensation of $608 ; 74 to the square mile will give ocean to ocean, there is no community, old or young, whose
led in the militia, you a population of 29,600, and a compensation to the mar- attachment to the Union is stronger or more enduring than
Mr. HALE. No, that petition has been disposed of. shal of $704. Thus the individual who does the least work that of the people of Michigan. They stop to count neither
Mr. RUSK. I will withdraw my motion, so that it goes gets $132 the most money. The next step in this process is its cost nor its value. Their political arithmetic contains no
upon the table, that a population of 51 to the square mile will give a coin- such problems. They see, and feel, and know all it has
Mr. CLAY. I will move then to take up the petition on pensation of $306. If there are 49 to the square mile, it will done tor their fathers and for themselves, and, with the bless-
the subject of the enrolment of the slaves of this country in give a compensation of $588, and in that case the one who ing of God, they appreciate what it may do for their children.
the militia, for the purpose of making a motion, and, without does the least work gets $282, or nearly more than double the What has it cost us Neither our freedom, nor our reli-
further argument upon the subject, invite the Senate to act money the individual who does the most work. The next gion, nor our intelligence, nor our happiness, nor one of the
upon it; expressing a hope, and I shall call for the yeas and jump, so to express it, in this scale, is to take a population of great elements which constitute the pride and power and
nays for that purpose, that this petition will be rejected by the 26 to the square mile. In that case the marshal will receive prosperity of nations. And its value is written upon every
decisive, and indignant, and unanimous vote of the whole $312, according to the amendment of the Senator from page of our progress, and ought to be inscribed in living cea-
body. I move you, sir, to take up the petition, and I will Georgia ; while 24 to the square mile gives a compensation racers upon the heart of every American. While there are
then move to reject the prayer of the petition, and call for of $384, or $72 less to the man who does the most work than some-few indeed,Itrust-whoaretryingtocalculatethevalue
the yeas and nays. to the man who does the least. Take the last position of 9 of the Uniin, that Union is baffling all human calculations, by
The motion to take up the petition having been put and to the square mile. In that case the marshal will receive doing a mightier work than history has recorded, or than it
carried- $280 for a population of 3,600, whereas when the rate is has ever entered into the heart of man to conceive. There
Mr. SEWARD. I have voted for the yeas and nays upon 26 to the square mile, the marshal gets $312 for taking are members of this body, and I am among them, who were
this question, as, in my whole life and the whole of my legis- 10,400. Thus the man who does but one-third of the work born while this great empire was yet claimed among the cole
lative experience, I have never voted against the yeas and gets almost as much money as the man who takes a popula- nial dependencies of England. We are contemporaries of its
nays, and never hesitated te record my opinion. This peti- tion of 10,400. struggle for freedom ; we are witnesses of the acknowledg-
tion was presented by me, among sixty or seventy other pe- The question was then taken, and the amendment was ment of its independence ; of the establishlmeot of its confe-
titions, from the citizens of various parts of the State of New adopted. derated Government; of its progress from infancy to matu-
York yesterday, and therefore a word is due from me upon Mr. DICKINSON. I move to insert in the original bill the rity, from weakness to power, and of its wonderful advance-
the subject, and that word will be spoken with frankness, words Census Board" in lieu of the words "Secretary of ment, intellectually and materially, in every thing that consti-
with respect, and with firmness, if I shall be able to combine Int rior." tutes the prosperity of nations, in their individual and in their
those three sentiments. The fact of the presentation of this Mr. KING. I will say a few words, sir. I myself have aggregate capacities. All this we have seen, and in much of
petition by myself has drawn down upon me severe censure, if I no earthly objection to the Secretary of the Interior having it we have borne a part; sometimes, indeed, in difficult, I
understood the honorable Senator from Texas, (Mr. RUsK,) in charge of these proceedings-none whatever. I do not care may say in perilous, circumstances, but always with an abid-
the remarks which he made. In reply to those remarks,and to the whether it is in the hands of the Secretary of the Interior, ing hope that these would be overruled in mercy, as they
remarks of no other Senator, I have to say that I have hereto- the Secretary of State, the Attorney General, the Postmaster have been, by the kindness of Providence, and that our march
fore-without troubling the Senate with any argument in de- General, or any other individual, so tar as the duties apper- would still be onward.'And onward it has been, till the name
fence or vind:calion of my views upon the right of petition- training to the appointments and regulation of the whole mat- of American is a name of honor through the world, and the
distinctly stated that I deemed the right of petition an inherent ter is concerned. But, sir, I know very well, and every Sen- flag of our country, wherever it is borne, waves proudly in
right of the citizen, an indefeasible right, just as much as the ator knows, that a proposition is pending to abolish the office the breeze, the ensign of a people neither suffering injury
right of suffrage, a right to be forfeited only by crime. I hold of the Minister of the Interior. How far it will be acted with impunity, nor inflicting it without necessity. In what
it to be the indefeasible right of every human being to petition upon we cannot say ; but it is now pending. I was originally other country, ancient or modern, has it been given to the
a higher power. I submit myself to all applications and all opposed to the establishment of such an office, inasmuch as I same men to witness in youth the infant struggles of national
demands, in private and in public life ; and thisna!ural and in- thought it would lead to difficulties; that it would produce freedom against such fearful disparity, and in age to partici-
herent right of man is specially secured and guarantied, as I un- confusion; that it would embarrass rather than facilitate the pate in the public councils under circumstances as proud and
derstand the constitution, to every citizen of this country. I business of the treasury ; and I still think it is not necessary- glorious as those which surround us, and which tell us what
therefore present, as one of the organs through whomapplica- that if we had heads of Departments properly constituted who the Union has done and is doing, and, if left untouched, is
m'utbn m a e to,. -aA, IA th aseiatas!ba dny. averir nyattion that; .are c.nmnAetent tn dIlscharge the duties, the treasury could ret Adestinedl vet to dn. FPr calculations we have convictions
for experiments experience ; and I am sure there is n.'t ono
among us on whom time has set his mat'k, whi does not
regard this confederate Government, after the rrliit an ,.G d,
as the best hope of his declining age, and tht, rii-ht legacy
he can leave 10 those to whom human nature ling. vith fond
affection on the very brink of the grave.
I am proud, sir, of this testimonial of fid-itye t lthe integ-
rity of the Union, given by tha Logislaiurs ii Mlichiga i in
the name of their constituents, the people of ihtb Sialei. The
sentiment itself is as powerfully felt as it ii Lbeiuitull'y ct-
pressrd. And the proceeding is a practical c."'u-..eta'y up-tn
the operation of our ins-itutions worthy of all panue, -hissinrg,
as it does, that as we extend in space and ihicFea-e ni riunm-
fbers, we still hold on, with unshaken sff-ct-r., it Ihe iv.rk
of our fathers, the word's best hope and our .'-,Kn.
I move, sir, that the resolutions be read, ar.d thIen laid uponrl
the table and printed.
The Secretary read the resolutions as follow,
Joint Resolutions relating to the 1 sI ,on.
Whereas the people of this State are oppo..]l i, the exten-
sion of slavery, but believe that aet crisis in our r,:,tnorai tiffira
has arrived which demands an expression of ttieir dep, de-
voted, and unalterable attachment to the Utiumn, and their
fixed determination, in a spirit of mutual t.riitarani'e and
moderation, to guard by all means against the dangers at pre-
sent, in the opinion of many, threatening its integrity : Apd
whereas they believe that our Senators in Congress ought to
be left free to act as their judgment may dictate on all ques-
tions that may arise in any wa) affecting the stability and per-
manency of the federal compact: Therefore-
Be it resolved by the Senate and Houise o Representativas of
the State of Michiran, That, in the opinion of this Legisla-
ture, the people ot this State most heartily approve of the
noble and patriotic stand taken in the Senate of the United
States by those distinguished statesmen who represent the
various sections and different feelings of our common country,
and have united their efforts to preserve the Union one and
ind be it further resolved, That in the opinion of this
Legislature it is the duty of our Senators in Congress, and
they are hereby requested, to retai n their places in our na-
tional councils, which they have heretofore filled with such
signal prudence and distinguished ability; and they are here-
by left free to aid, in voice and vote, in any and every move-
moent which theirjudgmiht may decide to be best calculated
to promote the interests and glory of the whole nation, and
the tranquillity, integrity, and permanency of the Union.
Resolved, That tha Governor be requested to transmit cer-
tifitd copies of this preamble and these resolutions to the
Vice President of the United States, and to each of our Se-
nators in Congress.
The resolutions were then laid upon the table, and ordered
to be printed.
REPORTS FROM COMMITTEES.
Mr. BORLAND, from the Committee on Pensions, to
which was referred the bill for the reli. f of Margaret E.
Carnes, widow of Peter H. Carnes, submitted an adverse
report on thd same ; which was ordered to be printed.
Also, from the same committee, to whi<,h weie referred the
several memorials in relation to the extension of revolutionary
and other pensions, reported a bill to amend an act passed on
the 20(h February, 1847, enti lod "An act making appro-
priations for the payment of revolutionary and other pensions of
the United Statos for the year ending the 30.h June, 1848 ;"
which was read and passed to a second reading.
Mr. HALE. The Committee on Pensions have instructed
me to r-pnrt Huce bi'l No. 132, with the recommendation
that it I t- a seJd. It is a i.-ill i.,t ih r.conliTuari e ul a pAnison
., .M.vl y Mlib te. I na-h i-., gin theo aii it., in l ihe Senate
11 u 5'a Itraa I i out the I lt, n i tl cae. I h.is i Mrs. Mi,.Rae Is
a ivid \, -- r. i.I,. aind h.:r p a .-iji It about no expire. This
Li'l 1, *nii I.. a rL -t%.ai.l -..f 1 ; It has hi-en Iuti'ltted to the
L' .nai,;. i,1r 1l Pers-.nts, arid he desires thai it may pd0.
'I i- ai br .-.Ie dependence,'and Ibecommittee have minstruct-
ed me ito ask that I be pa-sed now.
The bit'l as accordingly read, anil, having been considered
as in Committee of the % hole, arid no amendment having
been mad', it was reported to the Senate, read a third time,
and pas ed.
Mr. MILLER, from the Cummitlee on Neval Affairs, to
which was referred the memorial uf Thus. Marston Taylor,
a-king allowance foir Treasury notes deposited in the Phal-
nix bank of Charlestown, Masaahusents, and lost by the fall-
ure of the bank, submitted a report, which was ordered to
be printed, accompanied by a bill f n the relief of ThomasM. ..
Taylor and Francias B. Stockton, which was read and pained
ito a ascotid rea-in. -. -,
A!;.', Irem he arme e,. i ,e, to nIhi, h wre referred the
papers and documents in the case of T. P. McBlair, reported
a bill for the relief of Purser T. P. McBlairI which was-read
and passed to a third reading.
Mr. MASON, in pursuance of notice, asked and obtained
leave to bring in a bidI giving the assent of the United States
to an act of the General Assembly of Virginia, passed at the
December session, 1844, chapter 287 ; which was read a first
and second time by its title, and referred to the Committee on
the District of Columbia.
MR. BELL'S RESOLUTIONS-THE SELECT COMMITTEE.
Mr. FOOTE. I would ask if the hour has not arrived for
the consideration of the special order ?
The VICE PRESIDENT. The hour has arrived.
Mr. FOOTE. I move that subject be now considered.
The motion was agreed to.
Mr. DICKINSON. If there is a prospect of there being a
vote taken, I will not interfere with this matter; but if we are
to go on with the ordinary general discussion, without begin-
ning or end, I shall &sk that it be laid over, and that the Se-
nate shall lake up the deficiency bill.
Mr. FOOTE. It is my desire,.as I stated when I moved
the postponement of the further consideration of the subject
till to-day, that the vote should be taken at this time. I
suppose there is no gentleman who desires to be hoard on the
Mr. BENTON. I think it fair to make known to the Se-
nator from New York that I will take up a little time on this
subject. I said to the Senate, whrien this subject was up
some days ago, that during the sixty years in which we have
been admitting new States into the Union, there had been
no example of combining any other subject with the ques-
tiin of the admission of a State, and that this was the first
example proposed to be set of such an indignity to a State.
As some gentlemen then thought I was mistaken, I have
taken the trouble to verify the fact since. I have examined
sixty years of legislation on the subject, and the admission of
seventeen States, and I am now ready to go on and verify
what I said to the Senate the other day. This will of course
interfere with the Senator from New York, and I desire to
give him this notice that he may know what I have to refer to.
Mr. FOOTE. I will ask my friend from New York to
bear with me, and allow this subject to be considered now.
Mr. DICKINSON. I do not wish to run counter to the
feelings of the Senate. I certainly should be glad to get this
motion of the Senator from Mississippi out of the way as
soon as possible ; for, together with kindred motions, It has
interfered with the public business for a long time,, and if the
vote is to be taken, I certainly shall make no objection.
The VICE PRESIDENV. The question ia on, the
amendment submitted by the Senator from Connecticut, (Mr.
Mr. BENTON. Did the Senator from New York hear
what I uttered for his especial benefit, that before this vote
was taken I had sixty years of legislation to examine ?
Mr. DICKINSON. I will ask the Senator from Missis-
sippi if it will not answer all his purposes if this subject
should be laid over until the deficiency bill is disposed of?
Mr. FOOTE.. By no means. I look upon this as the
most important question that can come before us, and I can-
not consent to its postponement. I will do anything else
almost to accommodate my friend from New York.
Mr. BENTON. Mr. President, I gave, as one of the rea-
?ors why the Senate should mix up nothing with this bill
for the admission of California, the fact, that in the sixty
years of legislation on the subject, and in the admission of
seventeen States, there has been no example of mixing up
any other matter with the admission of a State, but that
every one has been admitted by itself, or, at all events, in com-
pany with another, so that the circumstances were equal. It
was supposed that there was some error in that statement of
mine, and I deem it a very material thing, as it is proposed
that we should now commence with doing by a new Stata
what is without precedent in the annals of legislation, and
which many feel to be a deep indignity to that State, that I
shall, by reference to the cases of admission of new Statet
show that such a thing has never been done before.
The first of the States which was admitted was Vermons,
She was admitted by the act of the ltt of February 1791,
and nothing could be more brief and simple than that act of
admission. It is entitled "An act for the admission of the
State of Vermont into the Union "-a title which, of itself,
excludes the idea of any thing being mixed up with it. It
"The State of Vermont having petitioned the Congress to
be admitted a member of the United States, be it enacted by
the Senate and House of Repre-entatives of the United States
of America in Congress assembled, and it is hereby enacted
and declared, that on the fourth day of March, one thousand
seven hundred and ninety-one, the said State, by the name and
style of' the State of Vermont,' shall be received and admitted
into this Union, as a new and entire member of the. United
States of America."-Approved 18th February, 1791. (IS1at.
at Large, 191.)
That is the act, sir, for the admission of the first Stat, and
its simplicity and unity is worthy of all prai.
Sational iitdi nc
I uVoulivu jv C kv Uv. &UK
'-,ULU 4;VUJjMtVM W kALM"WSP Mg UU.&W, UUV OUGOWY V;VULU *Vb
Ivj ;1n uJ De M&Q 10au SUI **l>J iv1iUtfiwu, kfuejj WIWe UUQU *M--Is1.1
The next was the act for the admission of Kon o lamation to declare the compliancebr Misouri to the require-
the 4th of February, 1791. It consents to the frmni.in 't ndi in tuit r-:.luimn ol admission. And upon her
the new State, and provides that, "on the 1st day .:.1 Juir, Ip ing wivth tilt It.lunit nint., and the President's pro-
1792," it "shall be received and admitted into this Union as claiming that fact, then, and only then, was she admitted
a new and entire member of the United States of America." into the Union.
The act embraces no other subject.-(See 1 Statutes at Large, Now, sir, the Senator places himself behind precedents.
page 189.) I say, sir, that each case of the admission of a State was un-
Then comes Tennessee. She was adm't'ed by the act of der peculiar circumstances, and I shall not take up the time
June 1, 1776. The act is in thebriefest possible form, and of the Senate to go over the whole of them. But here is a
contains no other subject whatever.-(See 1 Statutes at Large, great subject agitating and distracting the country, and it is
page 491.) proposed, in the spirit of compromise and concession, to con-
Then comes Ohio. The act was to authorize the forma- nect together two or three analogous subjects-perfectly analo.
lion of a constitution and State Government, "and for the gous-and the Senator gets up, and, entrenching himself be-
admission of such State into the Union." In this case the acts hind various precedents, talks about the indignity to be in-
authorizing the people to form a constitution and providing for flirted upon Calfornia. Will the Senator tell me how she is
the admission of the State into the Union were one and the threatened with indignity ? Suppose she is admitted and a
same. The admission was to take effect upon their comply- Territorial Government established, anti all in one bill, Call-
ing with the requirements set forth, and it was, therefore, a fornia comes forward through her representatives and is a-t.
complete act, and contained nothing but what related to the mitted. And where is the indignity ? We have heard it again
admission of the State. Afterwards there was an act passed and again announced, in the most emphatic terms, that in-
for the due execution of the laws of the United States within dignity was to be rendered to her, without any definition,
the State of Ohio, and that act declares the State to have without any explanation, and without any showing how this
become one of the States of this Union.-See 2, Statutes at indignity is to arise.
Large, page 201. Neither of these acts embrace any subject Sir, I said I would not take up more than five minutes of
but what relates to Ohio and the making of the laws of the the time of the Senate, arid I will redeem my pledge. The
United States obligatory upon her. simple question is, whether it is an indignity or not on Cali-
Then comes Louisiana. She was admitted on the 8th of fornia to connect her in a great scheme of national compro-
April, 1812. That act includes nothing that does not relate mise, the object of which is the restoration of harmony, peace,
to that State. (See 2d Stat. at Large, p. 701.) It has been and concord to this people' If there is any indignity in-
supposed that it did, but on examination of it, it will be flieted on htier in that, it is an indignity in which the whole
found that it contains nothing but what relates to the admis country shares with her, but which I am utterly unable to
sion of the State, and to perfect that admission by giving comprehend, from any thing said or which has taken place.
force to the laws of the United States within the State. The Mr. BENTON. What, sir! California concur in some
first section is, that Louisiana be admitted into the Union as scheme of pacification California, standing outside of the
an independent State, and provides for her admission. The Union, a stranger, to be associated as regards the question of
next section is to give effect to it by allowing her one repre- admission withother topics, in asehemeof pacification inwhich
sentative in the House of Representatives. The next is, that she is to concur! The Senator from Kentucky pufs it on the
the laws'of the United States shall beenforced there.and then ground that she is not to be allowed to come in here without
judicial circuits and some officers are provided for. There is having the question of her admission a-sociated with other
nothing in it but what provides for perfecting the admission, questions, with a view to pacification, and talks about Califor-
and what would have been contained in an act by itself, if it nia concurring in such a proposition! Compromi e Talk
had not been joined to the act of admission. In this parlicu of California concurring in such a proposition! Sir, she is
lar there is a little diversity of action. On some occasions concurring in the sense in which a slave bound to a stake
the act which admits a State provides for the extension of the concurs in relation to what is done to him. That is the sense
laws of the United States to the State, but in a majority of in which she concurs. Sir, she has no voice in the matter.
cases it is all reserved and put in an act by itself, and the ad- She is not consulted. Not allowed to cotne in. And is she
mission stands alone, to be bound by a general scheme of which she is to be a party,
Indiana was admitted by joint resolution of the 11 th Dec., and yet to have no voice in it? I have always understood,
1816. (See Stat. at Large, p. 399.) The resolution is en- sir, that it takes two to make a bargain, but it would seem
tirely clear of any other matter than the mere admission, that in this case it takes thirty-thirty States-to make a bar-
Mississippi was admitted by joint resolutionot 10th Dec., gain; and one of the parties to be bound by that bargain-
1817, and it contains nothing besides the simple admission, the party to be the most bound by it-to be the subject of the
(3 Slat. at Large, p. 472 ) binding-is to have no voice in the matter. Thai party is.
Illinois was admitted by the joint resolution of 3d Dec., only to receive the bonds, to acquiesce, to concur in them,
1818. It contains nothing but the simple admission, without the powerofa negative. That is the proposition.
(3 Stat. at Large, p. 436.) Sir, it is an indication of what is intended. But it is to me
Alabama was admitted byyoint resolution of 14th Dec.1819. an incomprehensible thing, that such a proposition should be
It contains nothing but the admission. (3 Stat. at Large.) made. It will be inflicting a serious injury upon Califor.
Maine was admitted by the act of 3d March, 1820. It is nia, as I have heretofore urged, if you swell the bill up with
a naked admission-nothing more. (3 Stat. at Large, 544.) doubtful questions, some of which are denied in point of con-
Missouri was admitted by joint resolution of March 2, stilutionality-some of which are d;spu'el on the ground of
1821. It contains nothing but admission, and a condition expediency-all of which are brimfull of p )ints of difficulty.
fur the State to perform. (3 Stat. at Large, 645.) It is an injury to California, first to be delayed, and next to
This is the case in which the Senator from Kentucky (Mr. be subjected to the contingencies of agreement on all these
CLAY) had supposed something else was mixed up with the points. That is the injury.
act of admission ; but it is clear he confounded the act which Sir, it is an indignity to California to be mixed up with
authorized the meeting of the convention to form a State con- things that do not belong to her admission as a State. If
stitutinn with the joint resolution for the admission of the there was another State at this moment ready to come into
State itself. The joint resolution was posterior to that time; the Union, it would not be an indignity to put such State
it was passed the year after ; and for that joint resolution the into the same bill. Still I ,ay it would be wrong. The biil
State of Missouri, and the whole Union, were indebted to the should rest upon its own foundation. It should have a sepa-
Senator from Kentucky himself. It iF, that the State should rate consideration. Each State has a right under the consti-
comply with certain conditions, and upon a certified copy of tuition to be admitted upon her own merits, and each should
the constitution being filed in the Department of State, the have a separate consideration. I will not again go over the
President should by proclamation declare the admission corn- subjects with which it is proposed that California shall be
plete, and the State to be in the Union ; all of which mixed up. God Almighty only knows how many they will
was done, and lin fact occasioned very little delay, for the be, under the latitudinous boundless order given to th;s corn-
General Assembly of Missouri met very soon after the mittee. I know not, sir, how many subjects they are totake
adjournment of Congress, and passed an act of compliance, cognizance of, but I intend to endeavor to ascertain before
which was sent to the President, and he, by proclamation, they go to the committee. I, sir, according to my reading
declared the State in the Union. of the constitution, anA of opinion that there are very few
Michigan was admired by the act of the 22d Jamnuary, points on which Congress has jurisdiction in connexion with
1837, and it is a naked admission, the subject of slavery-very lew points-and those few arise
S Iowa and Florida were admitted by the same act on the 3d out of the construction of the constitution. And of those few,
C March, 1845. The act contains nothing that does not relate Mr. President, in which there is a clear constitutional autho-
to those States. I have the. acts here, and have looked over rity in Congress to interfere with the subject of slavery, there
them, and that is the only instance in which two States were are several which this Congress and all former Congresses
coupled together in the same bill at the time of their adinis- have refused t.o touch-which I would myself refuse to touch,
sion.. They were put together, it is true, but they were sub- and therefore I will not delegate to any committee the power
jects of equal dignity, and there was nothing in the act which to touch them. I care not what gentlemen may compose the
related to any thing upon earth but themselves and the exten- committee. There are subjects, it is true, which may be
sion of the laws of the United States Here is the only ex- taken up by the committee-ordinary subjects-in regard to
caption up to that time, and that exception has been over- which it will be perfectly immaterial as to how the committee
ruled before, as I will show. Before that time, I say, it was is constituted, whether they are taken from either side of the
overruled, since it was before that Arkansas and Michigan gloreat dividing line, or whether taken from either of the two
were admitted. They were before this body at the same time. great political parties. I believe that the result will be the
Their constitutions were referred to the several committees at same in either case, and that there is no necessity for draw-
the same time, and they were reported upon in separate bills, ing geographical lines, or party lines, in any thing, that the
S r.--wre conducteI through this chamber pari passu, but committee has to do upon the subject here. That is a point
they were not put in the same bill. It was held to be the that I will not go into now, but I shall have occasion to do so
right of each State to have a separate consideration, and, that hereafter. I come back to the main point ; and I say that
being pressed, there was no junction at all-they passed sepa- there are but few points upon which Congress has the right
rarely. to touch slavery at all, and of these few there are several-
Arkansas was admitted by the act of the 26th of January, there are four at least, and I have heretofore referred to them,
1837. Itwasa naked admission. (SeeSlat. at Large p. 144.) which I would not grant any committee the power to touch.
Texas was admitted by joint resolution on the 1st of March, For the present, sir, the question is to exempt California
1845, and Wisconsin was admitted by the act of 3d March, from the consideration of this committee. Now, sir, we have
1847. The act for the admission of Texas relates only to debated, thoroughly debated, the subject, but it is very ques-
what concerns the State, as does the act admitting Wisconsin. tionable in my mind whether it is not a mere question.of or-
Now, the admission of a new State into the Union is a der, which refers itself to the Chair-whether, under an at-
mere question of constiutonal authority. Congress has written tempt of the committee to take cognizance of the subject of
authority for the admission of States, and in some cases the California, a question of order may not be made to ascertain
duty becomes obligatory upon Congress to admit a new State. whether or not, under the words of this resolution, California
That is the case in every instance in which the Government is referred, and that without any debate on'tbe subject. Sir,
of the United States is under obligation or compact to admit it would have to be shown that the State Government of Ca-
a new State when it shall fulfil certain conditions. That is lifornia, her constitution, is something that has grown out of
the case with respect to California. By our treaty with the institution of slavery in the United States, in order te
Mexico, new States are to be admitted from the acquired give the committee jurisdiction. I deny that it has grown out
territory as spon as it can be done consistent with the princi- of the institution of slavery in the United States or any where
pies of the constitution. That is the treaty, sir. else. It has no connexion .with it at all ; and to be forced
So we have our constitutional authority and a treaty obli- into violent conjunction with it, or to be treated as having
getion upon us for acting on the subject. California has ful- been born of slavery, is a thing which I undertake to say will
filled every requirement which is necessary to entitle her to be resisted to the last.
the rank of a State, and has a population far beyond what I wish, sir, to say to the honorable Senator from Kentucky,
has been required from any other new State ; for while it is to whom we are all so much indebted for the admission of
certain that there was from 100 to 150,000 men there at the Missouri, that the act which he quotes is a bill, not for her ad-
time her constitution was formed, which would imply what mission as a State, but a territorial bill. Missouri was a terri-
wecall a census population of 6 or 700,000 souls, yet in tory at the time when the compromise act of 1820 was pass-
all cases of admission heretofore 10 or 12,000 men, resulting ed. It was as a territory that that act was made applicable
in a population of 60j 70,000 souls, according to the cen- to it. And what has since taken place has illustrated the truth
sus account, was deemed sufficient, and correctness of the decision made by President Monroe's
California then has the constitution in her hands,which gives Cabinet at the time, when one of these questions was submit-
the Senate of the United States undisputed constitutional au- ted to their decision, whether Congress had jurisdiction over
Sthority to admit her. She has the treaty with Mexico in her slavery within the territories outside of the limits of the States,
hands, which makes it obligatory on the Congress of the United and to what the word "forever" applied; whether it applied
States to admit her, whenshe presents herself under the circum- to the territory while it emntinued a territory, or whether it ap-
stances of that treaty. She has done so. Here, then, is the plied to the State after a State was formed. Their opinion,
case of a State, the constitution in one hand and the treaty as we are informed, was that the word forever" applied
with Mexico in the other, and 60 years of the uniform practice only to the territory, and had no application to a State at all;
of the Government in such cases, in her favor. Constitution, and that, sir, has been the decision on the part of this identi-
treaty, and sixty years' practice, with one single deviation, cal territory, as I remarked to the Senate some days ago, thus
all in her favor ? And now, sir, it is proposed that she shall left outs de by the compromise act of 1820 when annexed to
'be made an exception, and subjected to the indignity of be- the State of Missouri. From Territorial soil, from which
ing mixed up with a subject of which she has washed her slavery was forever excluded, it became State soil, and subject
hands-and washed them too, sir, tor the precise, deliberate to State authority, and slavery went into it instanter, and
purpose of preventing her admission from being made has been there ever since. This full and practical illustration
dependant upon or mixed up with any such subjects. Sir, of the principle I have affirmed is the decision of Mr. Mon-
this is what she has done, and now to undertake to roe's Cabinet. Yes, sir, it was the Territory of Louisiana to
mix her up with all these subjects-the subjects connected which the act applied which the Senator from Kentucky has
with slavery in the United States-is, in my opinion, wrong to quoted, and which is called the compromise act.
her, and an indignity. Sir, it is an indignity to her, and such But now comes the act of admission itself, and for which,
an indignity as goes to rebuke her, and to tell her that she has I again repeat, we were so much indebted to the Senator from.
done what she ought not to do, in undertaking to clear her- Kentucky-thatis, that Missouri should be admitted into the
self of a subject which she knew was an annoying and dis- Union upon an equal tooting with the original States in all
treating one in the United States, and with which she there- respects; and with respect to the fundamental condition, it is
fore wanted nothing to do. Now, to mix her up with these contained in the fourth clause of the twenty-sixth section of
subjects, after she has ia the most solemn manner, in her the third article of the constitution submitted on the part of
constitution, cleared herself from it, and for the express pur- said State to Congress, to the following effect: It shall not be
pose of having free admission here, is a great indignity to her. construed to authorize the passing of any law, and that no law
Mr. DICKINSON. If this debate is to proceed further shall be passed in conformity thereto, by which any of the
now, I shall move to lay thejsnbject on the table, for the pur- citizens of the ether States shall be excluded from the enjoy-
pose of taking up the appropriation bill. If the vote is to be ment of any of the privileges and immunities to which such
taken, however, I will make no such motion. citizens are entitled under the constitution of the United
Mr. CLA.Y. I trust the Senator will permit me to say a States; provided that the Legislature of said State, by a
word or two. I pledge myself not to occupy more tham five solemn public act, shall declare the assent of said State, and
minutes of time. shall transmit to the President of the United States, on or be-
Mr. DICKINSON. Certainly, fore the fourth Monday of November next, an authenticated
Mr. CLAY. Mr. President, in reference to the cases re- copy of said act; whereupon, and without further proceeding
ferred to by the Senator from Missouri of the admission of on the part of Congress, the admission of said State into the
States heretofore, I can only remark that each of those cases Union shall be considered as complete. That is the substance
depended upon a particular state of circumstances existing at of the provision of the act, sir. I was here at the time ;
the time" of its admission. With regard to Missouri, it was I was colemporary with these proceedings, and had occasion
the only State in which there was that species of agitation and to admire the manner in which superior minds could remove
division prevailing in this country which unfortunately exists apparent obstacles. It was, to be sure, like the case of Co-
now, and in that case only, of the States admitted into the lumbus making the egg stand on its end. The admission of
Union-was a course somewhat similar to that now proposed the State of Missouri was resisted-great resistance was made
adopted. And what was that course? In the act which to her admission, which seemed to divide thewhole Union, and
Swas passed by Congress for the admission of Missouri into the f'om which fearful consequences were apprehended. At that
Union, that is to say, authorizing her to form a State consti- time the point of admission hung upon this: that by the
tution and government for herself, and to come here for ad- clause in the Missouri constitution which is here particularized,
mission-in that very act was inserted a clause on the sub- free negroes were prohibited from coming into the State.
ject of slavery north and south of the line of 36 30'. What That was the clause. The objection was that it would inter-
was done on her final admission ? Upon her final admission fere with the constitution of the United States, arnd be the
it was made to depend on a condition relating to the African cause of difficulty between the States, because in many of the
populationrt of the United States. Missouri had inserted in States now, and perhaps in all of them once, free negroes had
her constitution a provision against the admission within her the privileges of citizens. That was the objection. The
limits of free negroes, and that occasioned division and agi- answer to that was, that if there was a provision in the con-
tation in Congress. Well, she wa.i admitted upon the con- stitution of Missouri that would come into opposition to the
ditiosn that she should, by a solemn and effective act of her constitution of the United States upon that point, it would be
Legislature, declare that no portion of her constitution should null and void; and every authority in the State-every judge
be so interpreted as to violate the constitution of the United in the State-every executive officer was under oath to dis-
States. In other words, that if free negroes had the right by regard whatever might be repugnant to the constitution of the
the constitution of going to Missouri, that she should not ex- United States. It was a clear case, sir; and so represented
elude them under the provisions of her constitution. Well, and argued at the time, but it was not satisfactory.
in order to. exclude any legislation or action by Congress on On the motion of the Senator from Kentucky the case was
4e subject afterwards, the Presi4ent was authorized by pro- referred to a committee, which committee brought in a declar-
ation-it was nothing in the world but a deelaration-that
gave to the General Assembly of Missouri, and to all the au-
thorities of Missouri who have the execution of the laws in
their hands, that they should not permit any constitutional
provision of Missouri to interfere with the Constitution of the
United States ; or, in other words, that they would perform
their duty under the oath which they had taken to sup-
port the Constitution of the United States ; and if they found
any thing in the State constitution repugnant to the Consti-
tution of the United States, they would hold it to beimpera-
tive upon theto maintain the latter; or, in otherwords, that
they would iWiolate the Constitution of the United States.
That is all. Now this case of Missouri is affirmed by the
practice of sixty years' legislation in regard to the same sub-
ject. But I do not rest upon precedent alone ; that is a law-
yer business. It belongs to form. It belongs to a case-hunt-
ing lawyer to search the files for precedents. I do not go by
precedent, except as it illustrates the case in hand. I go by
reason rather than precedent. I require these things to have
a separate consideration ; and I refer to over sixty years of
legislation, not as a precedent to govern this body, but as an
example to show what has been deemed proper byevery Con-
gress that has preceded us. That is what I want.
Mr. DAYTON. I am opposed, Mr. President, to the
proposition, and though not intending to discuss it at all, yet
as this proposition has had very little discussion as compared
with the general questions which have been discussed by the
Senate and the country, I feel constrained to say a few words.
The distinct question now is to refer California, in connexion
with other matters, to this committee, in the hope that they
may unite in some satisfactory adjustment for the compromise
of all the pending questions in regard to slavery. Now, Mr.
President, I beg leave to ask the Senate, and to submit it to the
country, whether, in this matter of referring California, it is
not anrt act of indignity to her ; whether you are not doing an
act of injustice to her ? I submit to the members of this body
now, whether there is the slightest doubt that California wid
come into the Union as a State, standing alone ? Has it not
been said again and again, on all sides of this chamber and
by the representatives of all shades of political opinion, that
California will come into this Union that she has a right to
come here, and that she will be admired by a large majority?
Why, then, is it, I ask again, that she is to be sent back to
this committee of conference, except for the l.urposo of using
her with a view to making more palatable some more objec-
tionable proposition ? You take the hazard, by referring Ca-
lifornia, of defeating her admission, in the hope that you may
bring something in along with her-she serving as a su-
gar plum to sweeten the dose, that you may swallow them
all together. I ask now, with very great respect to gentlemen
of all opinions in this chamber, whether it is just to California
to place her in this peculiar position ? She has a certain class
of high's, not legal perhaps, which we are bound to recognize;
and when we use her, not in matters connected with her own
advantage, but simply for the purpose of subserving the inte-
rests of party, I submit, with great respect, that we commit
an injustice upon her. Can any man doubt that this re-
ference of California to this committee, and bringing her back
here connected with bills for territorial governments and the
settlement of the Texan boundary, will tend to hazard to some
extent her admission ; or, if not to hazard her admission, at
least to decrease the amount of votes which would be given
for that admission? Is she not now, I submit, kept back sim-
ply for the purpose of sweetening the dose and making it more
palatable to a majority of this body ? This, I submit very re-
spectfully, is what strikes me as obvious on the face of this
matter. If it is unjust to California, is it not equally unjust
to us, who desire to vote for the admission of California, that
you send her to yourcommitteeof conference ? They will take
the question of her admission into consideration, and connect it
with other matters, making the whole bill obnoxious to us, as
would be any bill of such a character, whereby we are com-
pelled to vote against California. It 'is not only unjust to
Calitornia, but unjust to the members of this body who are
disposed to vote for her admission standing alone. It is, I
think, a false principle of legislation. It is wrong in itself.
Here is one matter conceded to be a clear question of right.
The parties are here making claim at our handafor admission,
which we refuse; and here are other matters more doubtful in
their character. Hence it is proposed to go to log-rolling a little,
and see if they may not all be brought in together. I have no
wish te occupy the time of the Senate on this matter, but it
seems to me, with great respect to the oflrinions of others, that
the question of the admission of California should be consid-
ered by itself. She has rights of her own. If she is entitled
to admission, let us admit her ; if she is not, let us keep her
out; but do not let us trammel California by connecting her
with n ,he subjects, so that we cannot vote for her admission
n ihout Wing her injustice. I am opposed to such a course
Mr. KING. I do not intend, sir, to detain the Senate with
any protracted remarks, but merely to appeaLlo gentlemen to
let the vote be taken. Sir, I suspect that the honorable Sena-
tor from New Jersey would not be:so exceedingly desirous of
admitting California instantly, promptly, and without a mo-
ment's delay, had there not been a clause in her constitution
prohibiting slavery. I know very well, sir, that when we
tried here, time and again, to give tbis very Californi a & o.
vernment that would protect the rights of her citizens-that
would afford the means of punishing crime and preserving er-
der-that honorable Senator, with others, resisted every effort
that was made for that purpose. Why, sir ? Because there
was not a clause introduced prohibiting slavery. Those gen-
tlemen then had no such great desire to protect that people,
or to put them in a situation in which they would be under
the protection of the law, unless they could get a provision
whbch they knew involved what is calculated to1distract and
divide the country to the extent almost of the destruction of
the Government itself- And the consequence was, that Cali-
fornia, New Mexico, and all the territories -acquired from
Mexico, had no Government and no laws, exceptsuch as were
found existing there at the time of the acquisition. In that
state of things, California set about forming a constitution for
herself-whether stimulated to it or not is not for me to say-
she set about establishing a State Government for herself,
from the necessity of the case, with the view of securing the
public peace and tranquillity. In her anxiety to do some-
thing to protect herself, and to preserve peace in that coun-
try, to which emigration is so rapidly flowing, she thought
proper to form a constitution. Well, sir, the constitution
formed in that way-in that irregular way, as even the Se-
nator from Missouri is bound to admit-is presented to the
Congress of the United States, in order that California may
be received into the Union. And we are told that in mak-
ing an effort to protect ourselves and our property, to protect
the rights of the citizens of the United States, we are doing a
great injustice to California. Now, sir, I was here when
Missouri was admitted. I know very well that it was consider-
ed not a party measure, but as a very favorable indication
that Congress gave of a willingness to bring her in without
delay, by requiring her assent to a particular provision that
was introduced by the Senator from Kentucky, but her Sena-
tors did not take their seats until after this assent was given.
But we are told that California is a State. Well, if she is
a State, what are we debating about? If she comes here with
all the rights of a State, there is no further question abhot the
matter. No, sir, she is but a Territory ; and a Territory she
must remain until we. by our action bring her into the con-
federacy of States. California, in forming her constitution,
has done-what ? Has she compliedjwith the requisitions of
the constitution of the United States, which have always here-
tofore been considered necessary to entitle a new State to
come into the Union? Will gentlemen tell me that they are
prepared to relinquish all the territory of California? Will
they tell me that they are prepared to give up the whole of
the public domain? And where is the guaranty that.it is not
'urtieod,,id the moment you admit California into the Uniona
Hi,' t.li.. such guaranties have always been introduced into
the compact that we have formed with a new State when seek-
ing for admission. Instructions have been always given to
the Territory that when she held a convention for the pur-
pose of forming a constitution, these stipulations should be in-
troduced : that all navigable streams should be open forever to
the citizens of the United States, and that the State should
not impo-e tolls. Another was, that the Territory of the
State should be given up ; that the public domain should be
secured to the Government ef the United States, and not to
the State herself. New States relinquished all claim to the
territory. Where is there any such relinquishment in the
constitution of California ? Do you find it any where ? No,
sir, there is no such relinquisbment on its part. And will
any Senator, who is a lawyer, and who understands the force
of terms, tell me that unless there is some such relinquish
ment, the Government of the United States does not lose the
domain the moment the Territory becomes a State, if such
new State should think proper to claim all the territory with-
in her limits? Are not these considerations sufficient to in-
duce the Senate to pause before they act upon the subject,
and ascertain whether it is not proper to send the subject to a
committee, whose duty it shall be to investigate and see if
some mode of proceeding cannot be adopted by which this
omission may be remedied? by which the evil that will be in-
flicted upon us, if California be admitted without some such
provision, may be averted? And I tell the Senator from New
Jersey'that he is entirely mistaken, if he supposes that every
Senator on this floor is ready and willing to permit the State
of California to come in instantly-if he supposes that every
Senator on this floor is willing. to acknowledge that California
must and will come in by an overwhelming maj irity. Sir, the
honorable Senator, if he supposes this, will find himself mis-
taken; he will find that unless some mode be devised that will
render it agreeable to gentlemen to admit California as a sepa-
rate question, as a matter disconnected with all others, to in-
duce them to waive their objections to these unexampled irregu-
larities, which there is an almost absolute obligation on the
part of the Government to discountenance-unless some such
thing is done, California cannot come in ; for let the intelli-
gence be spread before the country, not before one section
only, but before the whole country-let it be understood in
New England that we are to lose our domain there, that we
have ascertained that California, if she chooses to grasp it, has
it in her power to do so; thatit is to go out of our hands, and
that we shall have no means of getting it back, unless she vo-
luntarily surrender it ; let this be understood, and rest assured
that even that section 9f the country will nut justify or approve
thb admission of California under such circumstances,
S Well, where is the great evil, If it should become necessary
to send California back, as Missouri was sent back ? We are
told, and no doubt it is the truth, that the people in Califor-
nia are almost in a state of anarchy that they cannot move
along; that they cannot get funds to support their Govern-
ment ; that one portion of the Territory is arrayed against
the other; that San Diego is arrayed against San Francisco.
And, by-the-bye, all that portion of the territory lying south
of San Francisco was opposed to the formation of a State Gov-
ernment. They were anxious for a Territorial Government;
and in that they showed their good sense ; for I have no doubt
a Territorial Government, properly organized, would'have
been much better for them for some years to come than any
State Government they could possibly establish. I have no
question of that.
My object in rising, sir, was to say, that while I am most
anxious to see this distracting question settled on some rea-
sonable basis, one that can be acquiesced in in every quarter
of the Union ; while I am anxious to see fraternal relations
and harmony restored ; and while, tor the purpose of securing
these objects, I would be disposed to yield every thing that I
could yield consistently with my duty to my constituents and
to the country ; while I would be disposed, I say, to yield
every thing that I could yield under the oath that I have taken
to sustain the constitution, and consistently with the duty that
I owe to the people whom I represent and the country gene-
rally, I shall not be driven by any kind ef proceedings to
adopt a course which I believe, if persevered in, will neither
be beneficial to the country nor put an end to these agitations,
but which would undoubtedly augment them ; in consequence
of which they would go on from day to day increasing, and
continually becoming worse and worse.
When you come upon the question you will probably get
a majority to act upon this question alone, and determine to
do nothing in reference to the other questions, but leave them
open to be acted upon for political or other purposes. But,
sir, I tell you that if gentlemen attempt to interfere with our
rights, there will be no division among us in the controversy ;
when every one feels, as he should feel, that his rights have
been set at naught, that insult and injustice have been heaped
upon him, they will stand together, shoulder to shoulder, in
defiance of what they honestly believe to be oppression. Are
gentlemen prepared to bring about this state of things Are
they prepared to goad the Southern people almost to despera-
tion ? We are willing to bear with oppressions as long as
possible; we are prepared to sacrifice every thing that can
reasonably be demanded or expected of us, and even more, in
order to preserve the Union, but they must not drive us to
extremities, or they will find themselves at that point when
they will be compelled to calculate the value of the Union. ,
Mr. President, few men perhaps have been more attached
to the Union than myself; few men have manifested, on eve-
ry occasion where the opportunity was presented to show it,
a stronger desire to maintain every principle that binds the
States of this Confederacy together. I never lent myself to any
of the wild schemes that were got up some years ago ; I con-
sidered them visionary and unnecessary, and, in some degree,
dangerous; and, therefore, I made all the opposition to them
I could, notwithstanding the action that was attempted by gentle-
men whose motives I respected, but whose course I deprecated,
and would not sustain.
I had no design, Mr. President, of detaining the Sen-
ate when I rose to speak ; but I must add, that I trust in God
that there will be patriotism, good sense, and fraternal feeling
enough in this body to enable it to act upon these great and
distracting questions in such a way as will restore harmony
and peace to the country. We have been told at times, by
various gentlemen, of the glory, the power, the magnificence
of this country, and I feel the truth of all these glowing de-
scriptions as an American ; and I feel also that we are destin-
ed, if we can avoid internal dissensions, to become the great-
est among the nations of the earth; but, in order to this,
we must preserve peace at home-peace at home. We have
nothing at all to fear from abroad. It is our internal dissen-
sions, our internal bickerings and strife, got up in some in-
stances by unprincipled politicians to advance their own self-
ish 'purposes, and carried forward through the medium of
miserable fanatics that are becoming stronger and stronger
every day, that is leading to results of which God only knows
the end. I hope that the good sense of the Senate of the
United States will avert the evils resulting from the efforts to
which I have alluded, and that we will be enabled to save
this glorious Union from sectional division, and fulfil the des-
tiny which I have no doubt awaits us.
Mr. DICKINSON. I moved early in the course of the
morning to proceed to the consideration of the deficiency bill,
but I withdrew my motion in order that amote might be taken
upon this question. I then gave way to one Senator who
wished to make some remarks, and then to another, and as, in
consequence of this delay, we are very much advanced in to-
day's session, I declare it my intention not to insist further
upon taking up the deficiency bill to-day. But I would call
the attention of the Senate to the fact that we have been
engaged now some five months in doing nothing but attempt-
ing to legislate for negroes, not in New Mexico or California,
and forgetting to legislate for twenty millions of the white
citizens of our own country whose destinies are in our hands.
I now give notice that I shall move to morrow morning, im-
mediately after the necessary morning business, to take up the
deficiency 0l, and shall call the yeas and nays upon the mo-
tion as often as objection is made to taking it up.
Mr. DOUGLAS. The remarks of the Senator from Ala-
bama are of such a character that I feel compelled to say a
few words in reply. Upon the discussion of a proposition to
create a committee to consider the questions at issue, he goes
into a discussion of the bill for the admission of the State of
California. And, sir, I cannot but think that it would be
much better to defer that discussion until we get the bill up,
or rather to proceed at once to the consideration of the bill
providing for the admission of California. I feel bound, sir,
to say that I think the Senator is entirely mistaken in the fact
which he asserts, that if the present bill for the admission be
adopted the public domain of that country will not belong to
this Government. But, sir, he is mistaken entirely, for my
bill for the admission of California is in the usual form. It
is framed on the same principle that bills for the admission of
States heretofore have been framed, and the Senator will find
upon examination that it is an exact transcript of two or three
of the bills that have been presented for the admission of
new States into this Union. I am well aware of the com-
pacts of which he speaks ; those compacts are not generally
parts of bills admitting new States into the Union. They
have been generally separate bills, passed at different times;
they were matters of compact, not generally embraced in
the same bill; and the one referring to my own State was not
a part of the bill admitting my own State. Hence my atten-
tion has been drawn to this subject, and I am prepared, when
the bill for the admission of California comes up for consider-
ation, to vindicate it against any charges which may be made.
I think that the turn this discussion has taken ought to ad-
monish us at once to proceed to the consideration of the bill
for the admission of California, which is a practical question.
Mr. DOWNS. I would inquire of the Senator from Illi-
nois if he is aware that any new State, having public lands
within her limits, has been admitted into the Union until the
Government or the constitutional authority of the State had
entered into a formal compact to cede the public domain to the
General Government ?
Mr. DOUGLAS. The question of the Senator from Loui-
siana fully proves the propriety of the motion which I am about
to make. If the Senate will proceed to the consideration of
the bill for the admission of California, lam prepared then to
vindicate it from all the charges that may be brought against it.
I desire to have a discussion upon the merits of the question,
and upon the bill itself. And, sir, if I cannot show that the
bill is precisely as it ought to be, and that not one of the ob-
jections really exist which Senators advance, I will offer
amendments myself that will obviate those objections, so that
they shall not be able to makeeven criticisms on the subject.
Mr. FOOTE. Will the Senator from Illinois allow me to
say one word ?
Mr. DOUGLAS. Certainly, if it is by way of sug-
Mr. FOOTE. I would state tiet, in my opinion, imme-
diate action upon the resolution I had the honor to offer is in
perfect harmony with the objection raised by the Senator from
Illinois. It is certainly true that this committee will be raised,
probably, in a few moments, and the Senator can then move
to proceed to the consideration of his bill-a motion which I
shall always be happy to sustain. I know that gentlemen
here are desirous of voting upon the question and having the
proposition immediately before us. Let us raise this com-
mittee without any further discussion.
Mr. DOUGLAS. As 1 have said, the whole merits of the
bill for the admission of California can be discussed on this re-
solution, and the consequence is, that discussion is to go on
indefinitely. My object in rising was simply to state that
when the California bill came up, I would be prepared to show
that it was framed in the manner in which it should be. If I
do not show this, I will offer an amendment, as I before said,
to obviate any objections that may be made. In the progress
of the bill Senators will be at liberty to offer any amendments
they may deem proper. The bill must go through the ordi-
nary stages before it is passed, and there may be some altera-
tions to be made in it; tfor I do not undertake to say that it is
perfect; I do not pretend that it contains no errors ; every bill
is liable to them. And now, for the purpose of making a test
vote on this question of raising a committee at this time, I
move that the question of raising this committee lie upon the
Mr. WEBSTER. Will the Senator withdraw his motion
fir a moment
Mr. DOUGLAS. Certainly.
Mr. WEBSTER. I have a very few words to say, sir.
When the question of raising this committee was before the
Senate a month or six weeks ago, I said to the Senate that
although I did not perceive that any considerable good was
likely to result from this proposed measure, yet, if it was de-
sired by any considerable portion of the Senate, and especial-
ly those who have'taken a lead on the subject, (the honorable
member from Kentucky, and the honorable member from
Tennessee, and others,) that such committee should be
raised, I should not oppose the motion. I suppose that
it would hardly have had much opposition in the Senate if it
had not happened that the honorable Senator from Mississippi
has used a phrase or prescribed a mode of proceeding lt hWi
resolution, calculated to alarm in a measure some Senators.
The instruction, according to his resolution, is that the com-
mittee shall mature some scheme of compromise. Well,
probably this word scheme created some little apprehension.
Mr. FOOTE.,That is not the phraseologyof the resolution.
Mr. WEBSTER. I am quite certain it is, sir ; let the re-
solution be read.
The Secretary read the resolution as follows:
"That the resolutions be referred to a select committee of
thirteen, with instructions to exert themselves for the purpose
of maturing a scheme of compromise for the adjustment of all
pending questions growing out of the institution of slavery,
with the right to report by bill or otherwise."
Mr. WEBSTER. Not that I suppose a meaning was
intended to' be attached correspondent to the phrase, or that
it was to be taken in a strict sense; but, as I have said,
taken in this sense, the resolution has given rise to alarm in
the minds of Senators ; and I am free to say, if it is to be
taken in that sense, I shall not agree to it in any way what-
ever; because it seems to imply, or might imply-I do not
suppose that such is its purpose-that something is to be
compromised away ; something that is of importance to the
country; and as we are dealing with the rights of the country,
this should -not occur. Sir, I am inclined to uni'e with those
Senators who have taken the lead in this discussion, and also
a very large portion of the Senate, and allow-the committee
to be appointed, so far as by my vote it can be appointed ;
but, to avoid all possible miisapprehension hereafter, I beg to
say that I shall not commit myself, and do not now com-
mit myself, to support any measure which shall make
the admission of California dependant upon the suc-
cess of arny other proposition whatever. I wish to say one
other thing, sir. 'Ihe honorable member from Ken-
tucky yesterday oh erved that the subjects which he re-
garded or supposed proper fir the committee:to consider, were
the admissiorr of California, provision for the Govern-
ment of the Territories, arid the question of the boundary of
Texas. Now, I am afraid, sir, that the question of the boun-
dary of Texas is a question which will necessarily call for
much examination, and probably bring on much discussion
both in the committee and in the Senate.
One word further, sir. It does seem to me that the im-
portance of the measure now before us, take it either one
way or the other, is greatly overrated ; very much
overrated. Mr. President, the honorable member before
me, from the State of Illinois, (Mr.|DouoLts,) desires to
bring up his bill-his clean bill-for the admission of Cal-
ifornia, and I am ready to vote for it. But, then, if this
bill were new before us, the member himself must see,
and all the Senate must see, that it would be quite compe-
tent for any gentleman,, wishing to unite the question of Cal-
ifornia and the question of the Territories, to move to insert
territorial governments on the bill, and you would thus
raise the same question. Well, if this committee bring in a
combined bill, any member of the Senate may move to strike
out the territorial portions of the bill, and take a vote for the
admission of California alone-so that, after all, we arrive at
the opinion of the majority of the Senate in one way just as
well as in the other. We cannot avoid the question of its
separation, and of the combination, any way. It must
come up, and must come up in any way that we proceed.
Therefore, I do not think it of much importance ; nor, indeed,
of any considerable importance, because it stands upon the
ground of appointing a general committee to consider what is
best to be done to allay the existing agitation, and to satisfy
all parties according to the usual proceeding in ordinary
cases. I have no objection; something good may come out
of it. They may express the opinion that it will not much,
it it should in any degree, facilitate the settlement of these
questions. We have got a question now up)n which to
take the votes of the Senate, and see whatis the opinion of the
majority of the Senate as to the separate or combined conside-
ration of these questions I make these remarks merely to
prevent any unjust inference that may be drawn from my
vote, for I shall feel bound to support any measure, as I
have said, which shall make the admission of California in-
dependent of any other measure.
One word more, and I take my seat. We are acting un-
der discretionary power, devolved on us by the constitution,
and for the exercise of which we have entered into stipulations
with Mexico by the treaty of 1848.
I do not think it will advance us towards s conclusion to
set up at present any rights of California. Nor do I think,
on the other hand, that it advances us towards that just con-
clusion at all by indulging in criminatory remarks upon the
proceedings which have taken place in California, without
any previous authority derived from this Government.
The facts are before us. The case is before us. The
constitution of California is before us. We are by the treaty
to exercise our own discretion as to the time of admitting her.
When she comes with her constitution in conformity wi'h
the requisitions of our constitution, and as she has undoubt-
edly the requisite number of inhabitants that will constitute
her a State according to the usage of the Government0i-
cases of a similar character heretofore arising, I am prepared,
in the exercise-of the discretion which devolves upon me as a
member of this body, to admit her as a State ; and in vot-
ing for this committee, I repeat here that I do it out of de-
ference to the leading gentlemen who have taken part in
this discussion, and who have brought forward these resolu-
tions, particularly the resolutions of the Senator from Tennes-
see, rather than from being sanguine of any benefit to
arise from it.
Mr. FOOTE. I rise simply to make a remark with re-
ference to the phraseology of my motion. It will be recol-
lected, sir, that I submitted a new motion in a different form
upon this subject; therefore it has happened that with refer-
ence to this motion I forgot its particular terms.- But I would
say that if any one has felt alarm concerning it, if the Sena-
tor from Massachusetts has experienced any alarm, I think
that that alarm would be relieved by a proper consideration
of the words used in the-resolution. If the word compromise
had been the only word used, there might have been some
cause for entertaining fears that the motion was destined to
sacrifice the rights of either one or the other sections of
the Confederacy ; but, as I was desirous of avoiding that, the
motion was prepared with reference to blthat particular object;
and it purports, according as it has been read in our hearing,
to authorize this committee to assemble for the purpose of
making every effort to mature some scheme of compromise for
the adjustment of all pending questions. All must be de-
sirous of having the questions at issue adjusted, and to united
upon some scheme of adjustment that will not involve a sacri-
fice of our lights. Still, as my honorable friend from Mas-
sachusetts suggests, there may be some occasion for alarm in
the particular terms of the resolution. After the pending
amendment of the Senator from Connecticut is rejected, as I
doubt not it will be, we can modify the original resolution
where it speaks of a scheme of compromise. I am perfectly
willing to strike out the word "scheme," and insert the word
"plan," although I cannot understand how the phrase "scheme
of adjustment" can imply the sacrifice of the rights of any por-
tion of the Union. I will move, however, that the word
"scheme" be stricken out, and the word "plan" substituted.
The modification was made accordingly.
Mr. HALE. In looking over this resolution an additional
reason has suggested itself to my mind against voting for it,
which I wish to commend to some of my friends on the
other side of the chamber. Construing my oath to support the
constitution of the United States, I look upon it as one
which binds me to support it entire, in all its parts. Well,
sir, there is no part of the constitution in which some gentle-
men, representing the slaveholding States of the Union, have
been more zealous and more earnest, than they have in that
construction which confines slavery within the States strictly
to the supervision, control, direction, and government of
those States. Now, sir, sometimes, in the ardor of the pur-
suit of an object, we may lose sight of the ultimate conse-
quences to which it may tend, and it seems to me that my
friend from Mississippi, who sits near me, (Mr. FoOTs,) in the
ardor of his patriotic emotion to adjust those great questions
which are now agitating the country, is in great danger of
sacrificing this vital principle of the constitution, which I feel
bound to sustain ; that is, that the States have the entire
control of slavery within their own limits. I am jealous of
any legislation of Congress which shall tend to abridge that
power of the States, and it seems to me that the resolution is
obnoxious to this censure; because one "of the pending
questions growing out of the institution of slavery," accord-
ing to the resolutions which look to the organization of the
Nashville Convention, is slavery in the States, and the slave
trade between the States is another of them.
Now, sir, this resolution undertakes to commit this delicate
subject, which we ought all be so careful to keep within the
separate shere of State legislation, to form a part of a consoli-
dated scheme ; it proposes to take up and make Congressional
action of the whole. Why, I tremble for the institution of
slavery when I think of the consequence of this proceeding,
and of such action of this Congress. [Laughter] Why,
sir, it is to take away the whole ground, to knock our whole
platform out from under us, who have stood up and defended
the institution of the constitution against this system of gene-
ral legislation. This committee -is for a plan of adjustment,
or a scheme of compromise for the adjustment, of all the pend-
ing questions growing out of the institution of slavery. One
of the questions pending when this resolution was introduced
was to enrol the slaves in the militia of the United States.
Well, under this resolution the committee must take cog-
nizance of that.
Mr. FOOTE. We adjusted that matter yesterday.
Mr. HALE. Nevertheless it was one of "the pending
questions" when this resolution was introduced. Another
of "the pending questions" is the abolition of slavery in the
States ; another, the abolition of the slave trade ; and a great
many other questions of legislation upon which those of us
who have been strict constructionists have been so jealous
heretofore, are all to be taken up and thrown into a general
measure. Now, with what face can we rebuke those "in-
termeddling fanatics," that come here with their printedpeti-
tions asking us to interfere with these matters, if, by such a
resolution as this, we have taken up all the subjects connected
with slavery, without any exception, and committed them to
a committee-of eight for adjustment?
A SEiNATon. Thirteen.
Mr. HALE. A large commiittee of thirteen i that is worse
atlil. Por one, I am utterly oppowU to It. I do not adMr
to have cognizance of any such things. What I have asked
and always desired of the General Government In relation to
the subject of slavery is, hands off, let it alone! We do not
want you to take cognizance of it, or to do any thing with it.
Leave it as the constitution leaves it ; and that is, as a State
institution, subject to State action. But the terms of the
resolution are indefinite ; it does not tell what it proposes to
refer, but is in the broadest terms in which it could be framed-
"all questions." Now, all the speculations in relation to the
subject of slavery that have been started, or that it is possi-
ble for human ingenuity to conceive of, will, by the tenor of
this resolution, be submitted, to the committee. It seems to
me to be one of the most dangerous grounds that the Govern-
ment has ever taken, and one of the widest departures from
the old system of legislation which used to prevail in the bet-
ter days of the Republic, when it was said that the institution
of slavery was loft by the constitution to the States, and that
the General Government had nothing to do with it.
Again, sir, a good many gentlemen here think that Con-
gress has no right to legislate over slavery in the territories.
Well, the resolution instructs the committee to report a plan
for the adjustment of that also, because it is certainly, manifest-
ly one of "the pending questions growing out of the institu-
tion of slavery." I ask Senators to look to this matter. I
a.k the er ts,ern.-. Nt Micttifr, rNr.li a,) &ho thn eintc ""-
have no constitutional power to legislate for the territories on
the subject of slavery, to be cautious how he votes.for a reso-
lution that will commit us to Federal legislation, on the sub-
ject of slavery before we are aware of it. I trust we shall
look at it a long time before we adopt any thing of the sort.
Again, taking another view of the matter, I must be per-
mitted tosay that I concur entirely in the views taken by the
Scnatorjfrom New Jersey, (Mr. DAYTON,) who has expressed
them much better and with much more force than I can do.
I concur entirely with him. I say that this scheme is unjust;
unjust to California, and unjust to the members of this Senate.
If there are members here who think that there is a question
before us on which they can vote and vote understandingly, I
ask if it be just to them to take a measure of that kind and
mix it up with something else not analogous to it, and entire-
ly foreign to it. I have heard out of this body-I do not
know whether it is true or not-that a scheme is on foot to
mix up with the question of slavery in the Territories, the
question of putting an additional duty on iron. [Laughter.]
I do not know why it would not be just exactly as fair to bring
in the question of raising the duty on foreign iron, and make
it a part of a general scheme of compromising all questions, as
it would be to mix up those that have been suggested-the
fugitive slave bill, the territorial ques ion, the boundaries of
Texas, and so for'h. I apprehend that it would be found
more practicable to bring into the question the duty on
foreign iron, and make it contingent on our action on these
questions, than to do the same thing with some of these ques-
tions. These, sir, are some of the views, in addition to those
which I suggested the other day, which compel me to vote
against the resolution.
Mr. FOOTE. I do not rise to detain the Senate by any
lengthened discussion; but as the Senator from New Hamp-
shire has several times presented the same view of the matter,
without any reply from me, I trust the Senate will bear with
me patiently while I make a short remark only in response to
him. He complains that I have made my resolution too com-
prehensive. I did so because the distinguished Senator from
Kentucky, (Mr. CLAY,) in the beginning of the session, as I1
thought very appropriately, proposed, in a spirit of compro-
mise, and with a view to the adjustment of all the questions
which have caused the springing up of discord and unfrater-
nal feeling between the two sections of this Union, that all
these questions arisit g out of the institution of slavery should
be settle or adjusted by us at the present time. He submit-
ted resolutions declaring it to be expedient that we should
make proper efforts to adjust all the questions growing out of
the institution of slavery, and accompanied the resolutions
with a speech, the greater part of which I certainly approved
of at the time, and for which I was duly grateful to him.
I believed then, and I believe now, that such a committee
as the one proposed might very well take into consideration
all the questions which have thus been productive of discord
in the country, and, either by bills alone, or by bills accom-
panied with a report, expressing their views upon the whole
question, do much to settle these questions, to adjust these
differences and to restore and secure concord and agreementonce
more in our midst. And yet, sir, I have constantly declared
to my friends, that if they conceived the motion to be too
comprehensive-and perhaps it may, under present circum-
stances, be so considered-I have not the least objection to
limit it according to the discretion of those friendly to the gen-
eral object. For one, I should be very willing that it should
be confined to the bill for the'admission of California, the ter-
ritorial bill, and the boundary question between Texas and
New Mexico ; for I believe that if these were settled, all the
remaining questions could be easily adjusted. I doubt not
that the fugitive slave bill will pass both Houses of Congress,
and be satisfactory both to the South and to the North, though
I confess that, at the time I brought forward the resolution,
I did suppose there would be some difficulty about that sub-
ject, and it was my inleniion t. hase e-bRGi i. igJ"
Mr. CLAY, (in his seat.) Let it temroin as il is ; there
is no objection to the phraseology.
Mr. FOOTE. I understand that my friends desire that
the motion should stand as it is. I will, therefore, propose
no alteration. I was about to read an amendment, in which
I would acquiesce in a spirit of compromise. I wished to be
understood that I should not stickle for phraseology. I desire
to gain the substance for which we have been struggling, and
I care nothing about words.
Mr. BENTON. I wish to say, Mr. President that what
was said by the Senator from Massachusetts is fair enough in
the abstract, but when you come to look into its operation, it
will be found to be very unfair. He says it is competent for
any Senator to move an amendment. Certainly it is; and
when we come to take up the bill, it will of course be compe-
tent for any Senator to move an amendment by adding to it;
and thus we shall have the expression of the sentiment of the
Senate upon it at once. This mode will save a great deal of
time, besides having the effect of getting at the sentiment of
the Senate, whice is a material point.
The Senator f.om Massachusetts says it is not material whe-
ther the question of combining the different subjects is taken now
or after the report of a committee. Sir, there is a very great
difference, both in parliamentary law and in practice. In the
fast place, if that committee goes out, it is to be apprehended
that it will be composed of those who are determined upon one
thing. If not, why struggle for the committee? Thenames
of the proposed committee were read here --,ni wev. km ago.. I
wish they could be read again now, if the list i convenient,
as perhaps it might be seen that there will be a majority on
that committee in favor of doing the identical thing in the com-
mittee room which the Senator from Massachusetts has refer-
red to. There is a great difference in point of parliamentary
law, and in every thing, which side has the onus, which side
has the borden of proof, which side has to establish the affir-
mative. Suppose that, instead of taking the vote in the Sen-
ate, where every Senator votes openly his own sentiments-
and how Senators will vote I never inquire-it is carried into
a committee-room, where there is known to be a majority in
favor of the identical thing which is contemplated here now.
They will make a conjunction of these subjects, and report a
measure which has to be attacked here. The burden will then
be thrown upon the other side. It will come with additional
weight in its favor. After the feeling which has been created
by spreading all over the land that this is a committee of com-
promise, a committee of harmony, a committee that is going
to give peace to the distracted country, which is going to re-
concile a nation of brethren to each other, and prevent them
from cutting one another's throats, whatever that committee
may report will come back before the country as a healing
measure, and whoever gies against that healing nostrum will
be looked upon as a man in favor of dissension and against
peace, harmony, and conciliation. It is in that point of view,
and in that character, that all those will stand who shall op-
pose whatever this committee shall report. We are equal
now. Shall we be equal then ? The Senator from Massa-
chusetts says we are equal now, and that it is immaterial which
is done. Then let it alone. We have a bill here now before
the Senate ripe for action, on which there is no doubt, and on
which we are even ; let us take up that bill and vote upon it
in thes chamber, and not send it to a committee first. But,
sir, it is not even; the struggle here for two months shows
that it is not even. If the thing was even, why struggle to
get it into this committee ? Why, sir, when we have a bill
here, it is an injury to California to send her back and create
delay by it. It is an injury to her to mix her up with mea-
sures, some of them of a doubtful character; it is an injury to
mix her up with such things, ard an injury such as has never
before been inflicted upon any State.
The Senator from Alabama says that California is not yet
a State, but a Territory. The Senator from Alabama will
find that it would be as difficult to send the State of California
back into the Territorial condition as it would be to make a
man back again into a boy. But you are endeavoring to make
her come into the Union in a circuitous manner, to make her
purchase and buy the privilege of excluding slavery from her
Mr. KING. I entirely disclaim, sir, any intention of act-
ing on the subject of California, either admission or non-ad-
sion, in reference to the question of slavery, whether it is or
is not prohibited in her constitution. I believe I can disclaim
it for nearly all my friends.
Mr. MANGUM. For all: for all.
Mr. KING. The only object I have in view is, that as
the subject-matter involved certain difficulties, it might go to
the committee for investigation, to see how far we can get over
those difficulties, and thus bring California into the Union
without prejudicing the rights of other States. No indignity
certainly is offered to California ; there is no disposition to
do any thing more than to protect our own rights.
I disclaim distinctly any intention, either directly or indi-
rectly, or by any mode whatever, to operate against the ad-
mission of California in consequence of ht r having pr..hibited
slavery. I hold that where a Terrilory is org-mired with
proper limits, the people have a right under'the consitutrion to
say whether slavery shall exist there or noti and if they
lhme to ptohibilt It, 1 hae no tight to reject them on that
Mr. BENTON. Good, sir. But why is this bill to be
sent to another committee for consideration when it has
been already reported upon by one of the standing commit-
tees of the Senate 1 It is to be presumed that the chairman
and the members of that committee have examined into all
the questions involved in it, and have found nothing oljec
tionable in it.
Now, Mr. President, if California is not to be required to
do what no other State has ever been required to do, to pur-
chase her way into the Union, to buy her way into the
Union, to trade and traffic her way into the Union, why
send her to this committee, to be boiled down with other
measures, to get the essence out of the whole ? I object
to California having to purchase her way into the Union.
There are certain compromises to which she is bound to
agree by the constitution of the United States ; but, outside
of that, we have no right to mix her with any system of
measures, and make the question of her admission depend
upon giving something there.
Mr. DOUGLAS. I now renew my motion to lay the sub-
ject on the table.
Mr. TURNEY. On that I call for the yeas and nays.
r D.LOTE. It will be r.'..llctc1 t! tlat tixs intended
as a 'est question.
The yeas and nays were ordered, and, being taken, were as
YEAS-Messrs. Baldwin, Benton, Bradbury, Chase,
Clarke, Corwin, Dtvis, orf Massachusetts, Dayton, Dodge, of
Iowa, Dodge, of Wisconsin, Douglas, Felch, Greene, Hale,
Hamlin, Jones, Miller, Norris, Phelps, Seward, Shields,
Smith, Spruanee, Upham, Wales, and Walker--'6.
NAYS-Messrs. Atchison, Badger, Bell, Borland, Bright,
Butler, Cass, Clay, Clemens, Davis, of Mississippi, Dickin-
son, Downs, Foote, Hunter, King, Mangum, Mason, Mor-
ton, Pearce, Pratt, Rusk, Sebastian, Soule, Turney, Under-
wood, Webster, Whitcomb, and Yulee-285
So the motion was not agreed to.
The question then recurred on the amendment.
Mr. BALDWIN called for the yeas and nays.
Mr. BE-NTON. I have several times stated to the Sen-
ate that there are two or three points on which the Congress
of the United States has no fight to touch slavery at all.
These points have been too often mentioned to need repetition,
but I have embod;cd them in the shape of amendments, which
I shall offer, and I shall call for the yeas and nays upon each
amendment, in order that my vote may sand recorded against
giving to any committee of this body the right to take into con-
sideration these questions.
Mr. BRADBURY. Mr. President, I do not rise to enter
into a general consideration of the questions involved in the
resolutions before the Senate. Time enough has already been
consumed in such discussions, aird I desire action. But
before I vote upon the amendment now pending, I feel bound
to state the reasons for the vote I shall give. The Legislature
of the State I have the honor in part to represent havxe in-
structed me to vote for no bill for the organization of go-
vernments for the 'T'erritories unless such bill shall contain
an express inhibition of slavery therein. I recognise the
right to give such instructions, and I have no constitutional
difficulty in the way of implicit obedience to them. I think
it competent for Congress to give a government to our 'T'erri-
tories, and to prohibit slavery therein. It is a power that has
been exercised from the foundation of this Government to the
Present day, a power that results from the fight to acquire ;
for, if ourGovernment can acquire, it must have the power to
take care of its acquisitions, to govern them, to make all ne
cessary laws for them ; and, under the constitution, Congress
must j'idge what laws are necessary.
While instructed to vote, and feeling bound to vote, for no
bill which does not contain a prohibition of slavery, I am
impressed with the conviction that the feelings of my consti-
tuents is universal in favor of the immediate admission of
Califomnia into the Union as a State. In this opinion I
heartily concur, and I think she should be admitted without
delay. It is understood that one great okrject of the resolu-
tion of the Senator from Mis-issippi is to have incorporated
into one bill the admission of California and territorial go-
vernments for New Mexico and Utah. If that is done, the
Sernate will perceive that I shall be placed in the position, by
voting against the bill, to vote against California, which I
am unwilling to do ; or, by voting for the bill, to vote against
the explicit instructions of the Legislatura of my State.
I'ow, sir, I cannot voluntarily place myself in this dilemma.
One word more upon this subject. I think it due to truth
to say, that white 1 recognise the right of Congress to pro-
hibit slavery in the territories, for which we are attempting to
prepare Government, I am not so fully impresed with the ne-
cessity of such prohibition under existing circumstances as
some gentlemen appear to be. I concur, mainly, with the hon-
orable Senator from Missouri, Mr. (BseNTO,) who expressed
the conviction that the "proviso," as applicable to these
territories, was a cloud without rain-an unnecessary enact-
ment of a law that is already there.
As practical men, we must take cognisance of known facts.
It is now perfectly understood that there is a decided and
-may inr this body against the "proviso." This fact
was d. cltaed the other day by the honorable Senator from Con-
neeticut, (Mr. SMItH.) He reiterated it as well known and
beyond all doubt. The admission of California, as is well
understood, will add two more votes to that majority. We
must then regard it as settled, that neither at this nor any
future sesi n can that measure pass this body.
What then are the alternatives ? Either non action and
no bill, or a bill giving a Government, but without Congres-
sional prohibition of slavery in either case. Which course,
then, is the best and safest to be pursued, and which ought to
be adopted? The Senator foom Missouri (Mr. BNToNs)
demonstrated a few days ago that slavery was prohibited in
these territories at the time of our acquisition of them, by the
laws and constitution of Mexico. These laws remain in
force; and the proviso is now there, prohibiting slavery
throughout their entire extent. It is a well settled principle
of law, repeatedly recognized by the most eminent jurists,
and'by the Supreme Court, that upon the acquisition of ter-
ritory by one Government from another, the political laws of
that territory are changed, but the municipal laws re-
main in force. Political laws are those which regulate the
relations between the people and their Government. Mu-
nicipal laws are those which regulate the relations of the
inhabitants with each other, and nothing is more obvious
than that the laws respecting slavery are embraced in the latter
class. Nor is slavery carried into these Territories by the con-
stitution of the United States ; for, if carried there by the force
of that instrument, it is also extended into every Territory and
State of the Union, notwithstanding any law to the contrary,
by, the same authority, which is the paramount law of the
land. It would, therefore, seem that slavery is as fully in-
hibited by the Mexican laws as it could be by any act of
Again, we have seen the action of the people of California
upon this subject, and it gives assurance that these questions
are safe in the hands of the people themselves.
Again, the geographical character and insulated position of
Neqw Mexico and Utah forbid the establishment of slavery
there. They are so many hundreds of miles from a market
that the cost of transportation of agricultural products would
in many cases exceed their value at the place of sale ; ani
slavery can only be profitable where the. productions of its
labor can find a market.
I wish to add, that I desire to see thme questions that are dis-
turbing the harmony of the country and delaying the business
of Congress settled. It is due. to the country that questions
which cause irritation and create sectional prejudice should be
put to rest. It is due to a just regard for the public business.
If not disposed of now, the future sessions of Congress will
be occupied precisely as the present has been,, and the general
business of the country entirely neglected. So long as these
questions remain open, no other subjects car, command the
calm and dispassionate considerations of Congress. Non-
action, then, is the worst possible policy that can be pursued.
It settles nothing, gives no proviso, atid leaves every thing
open for future agitation, without the possibility of any other
practical result than that which would now be attained. It
will tend, moreover, to the premature introduction of these
Territories into the Union as States.
I oppose the reference of this subject to a committee for
another reason. We have a bill before us for the admission
of California, and a bill for the government of the Territorie',
both matured with great care, and reported by the appropriate
committee ; and if a ms jority of the Senate should determine
to Unite the two measures in one bill, it would be infinitely
better to do so, by uniting these bills, than to send the subject
to a new committee to report another bill, which will re-
quire to be again examined and open new discussions. I
think it better, therefore, to have action upon practical meas-
ures already before the Senate. I beg Senators favorable to
the success of these measures, and who wish them all to pass,
to consider whether, by their union in one bill, they increase
the probability of their success ? The test vote which any bill
will have to encounter is the proviso, and that can as well be
put upon the double bill as the single one for the Territories.
Can any good result, therefore, from this combination of two
subjects, so distinct in their character, *and which may compel
Senators to vote against their convictions or their instructions ?
Certainly not. California, moreover, presents stronger claims
for immediate action than other Territories, however urgent
their case may be. We should consider the situation of a
population of one hundred thousand inhabitants, coming from
different quarters of the world, thrown together in large masses,
under circumstances of extreme exposure of life and property,
without government having legal sanction, and therefore with-
out credit or authority to procure the means to sustain
those laws which they have provided for their protection.
The exigency of their case demands immediate action at
our hands, and they ought not to be subject to that delay
which would arise from a connexion with other questions.
What are the objections to the admission of this State ? It
is said that Congress did not authorize the formation of a con-
stitution. True ; but it is in our power to ratify the act of
the people. It is said the South has been excluded from the
country, and has a right to complain. In the Convention which
formed their constitution the South was fully represented,
and both of the Senators elect, as well as the Governor, were
from that section of the Union, and cannot be presumed to
(Gel any other than the molt friendly sentiments in regard to
every just meaure for the promotion of its interests.
It is alleged that there has been an improper interference
on the part of the Executive in forming the State Government.
If this be so, the result shows a singular degree of magna-
nimity ; for this interference has resulted in sending to each
House of Congress two gentlemen opposed to every political
principle of the Administration, and distinguished for their
adherence to the policy of the Democratic party.
One other remark before I conclude. The proposition be-
fore the Senate is to refer the resolutions of the Senator from
Tennessee, (Mr. BELL,) which contemplate the erection of
a new State from Texas; and this reference might by impli-
cation be regarded as giving the sanction of the Senate to the
policy of admitting such State at this time. While I concur
in the remarks of the honorable Senator from Massachusetts,
(Mr. WEXIsTx,) that, at the proper time, when there shall
be the requisite population, and Texas shall apply, we shall
carry out in good faith all the stipulations upon this subject
in the resolutions of annexation, it is not for Congress to
take the initiative, and carve out States without the request or
assent of the State from which they are taken, and without
the requisite population to authorize it.
I have refrained, Mr. President, from engaging in the dis-
cussions which have occupied the Senate almost exclusively
since its commencement; and I now omit many -remarks
whit,- 'ruder other circumstances I would like to make, con-
fining myself to'titi ra ,, of ,iy vote, that we may have
an immediate vote upon the question. I desire action. I
desire the time to come when we can hear something else than
the never ending-discussion upon the subject of slavery.
The yeas and'nays on the amendment were then ordered.
Mr. WEBSTER. I did not hear the amendments present-
ed by the honorable member from Missouri which he intends
to offer. I will thank the Chair to allow the Clerk to read
them, if there is no objection.
The Secretary read the amendments, as follows
Provided, That nothinF in this instruction shall be con-
strued to authorize the said committee to take into considera-
tion airy thing that relates to either of the four following
1. The abolition ot slavery within the States.
2. The suppression of the slave trade between the States.
3. The abolition of slavery within the forts, arenas, dock-
yards, and navy yards of the United States.
4. Abolition of slavery within the District of Columbia.
.4ndprovided further, That said committee shall not take
into consideration any question in relation to the subject of
domestic slavery in the United States, which shall not be spe-
cially referred tb it by order of the Senate.
Mr. WEBSTER. It is quite obvious that we are mak-
ing no progress at all. The original motion was for a refer-
ence. Now, the Senator proposes to instruct that committee,
and there is work enough cut rut to last that committee a
fortnight. I really wish some gentleman, who has an inter-
est in this subject, and has matured some plan, would
make some motion, so that we can vote upon the reference
of the resolutions of the honorable member from Tennessee,
or that in some way we may dispose of them, and bring ourselves
to the consideration of what is pertinent and germane to our
duties. 'rhis amendment of the honorable member from Mis-
souri opens a great field for discussion, and we shall make no
The VICE PRESIDENT. That amendment is not
Mr. WEBSTER. I understand the Chair very well, that
that amendment is not now pending; but, when the pend-
ing amendment is disposed of, the one way or the other, it
will become pending; and I say, therefore, that there is a
disposition to raise all possible questions upon this general
question of reference; asd, if that be so, I do not know but
that it would be better to proceed at once upon the bill for
the admission of California; for, really, if we go on in this
way, and are to discuss all sorts of questions under these in-
structions to the committee, we shall be here a fortnight be-
fore we take the question on this reference. If there can be
any way suggested to refer generally the resolutiots of the
member from Tennessee, I shall continue .to vote is I have
voted. I wish these resolutions to go to a committee for con-
Mr. FOOTE. I do not wish to take any leading part in
this matter. So far as I and a few other Senators are con-
cerned, there will be no difficulty at all. As it regards the
form of proceeding, I certainly am not very anxious that the
instructions wtich I drew up should go to the committee.
Such a committee as will be selected, will, doubtless, be as
fully able to act without instructions as with them. It has
been supposed by some Senators, who have looked into the
matter, that the resolutions of the honorable Senator from
Tennessee are not quite so comprehensive as they should be,
to give this committee a sufficiently wide scope for action. I
would suggest, what I think will readily be agreed to on all
sides, that I am perfectly willing, instead of instructing the
committee, the motion should be so modified as to submit the
resolutions of the honorable Senator from Tennessee, in con-
juqction with those of the honorable Senator from Kentucky,
to this committee of thirteen ; leaving them, in the exercise of
their discretion, to make such a report as they may deem best.
I am willing to accept the modification; it appears to be ap-
proved on all sides; and, if so, I will move that the resolu-
tions of the Senator from Tennessee, and those of the Sena-
tor*from Kentucky, should be referred to a committee of
The VICE PRESIDENT. It can only be done by unan-
imous consent of the Senate.
Mr. FOOTE. I suppose there can be no objection that I
should modify my own motion.
Mr. MANGUM. I will move, with the permission of the
honorable Senator from Mississippi, an amendment to his mo-
tion, that the resolutions offered by the honorable Senator
from Kentucky (Mr. CLAY) likewise go to the committee.
Mr. FOOTE. I accept that amendment with great
Mr. BELL. Every member proposing an amendment or
resolution, has it in his discretion, before it is amended by vote
of the Senate, and can modify or withdraw it. But alter be-
ing amended once, it cannot be withdrawn. It seems to rme
there is no difficulty in this matter. If the Senator from Mis-
sissippi thinks proper to withdraw his motion, the amendment
of the Senator from Connecticut falls of course.
Mr. FOOTE withdrew the instructions.
Mr. FOOTE. I beg leave now to state that I accept the
amendment of the honorable Senator from Nerth Carolina,
and move that the resolutions of the Senator from Tennessee,
and those of the Senator from Kentucky, be referred to a
committee of thirteen.
Mr. BENTON. I move the same identical amendment
to that, sir.
A SENATOR. What amendment ?
Mr. BENTON. The amendment offered by the Senator
A SENATOR. Let the amendment be read.
The amendment was read by the Secretary, as follows
But nothing in this resolution shall be construed to au-
thorize the said committee to take into consideration any
thing that relates to the admission of time State of California
into the Union."
Mr. BENTON. I ask for the yeas and nays on that
The yeas and nays were ordered, and there were: Yeas
26, nays 28.
So the amendment was not agreed to.
The VICE PRESIDENT. The question recurs on the
motion to refer.
Mr. BENTON. I beg that the amendments that I sent to
the table may now be offered.
The amendments were again reed, as given above.
Mr. MANGUM. I was shout to remark, not having par-
ticipated in any portion of this discussion, that there is not an
individual with whom I voted upon the last call for the yeas
and nays who does not perfectly concur in the proposition
enunciated by the proposed amendment ; and I call on every
gentleman, inasmuch as this has produced no practical result
toward the ultimate settlement of this question, which I de-
sire to see settled satisfactorily to all parts of the country,
North and South, and East and West--I call upon each and
every one of those admitting a perfect coincidence of opinion
to vote them down, as they are only calculated to embarass.
I do not wish to extend my remarks, but I hope that we shall
vote them down.
Mr. CLAY. I was about to propose an amendment to
the amendment, which I trust may meet with the concurrence
of the Senate, and obtain a unanimous vote, as was obtained
yesterday when a similar proposition was made. I move to
amend the amendment in the following manner :
"Provided that by nothing herein contained shall the com-
mittee be authorized to take into consideration the two follow-
I think it now reads
Provided that nothing in the motion contained shall be
taken into consideration so as to affirm the existence of any
power in Congress on the four following points."
Then it will read that Congress has no power to touch
slavery as it now exists in the States ; no power to arrest the
slave trade- between the States ; and on the third and fourth
points which the Senator has named I believe the Senate has
but one opinion. I move this amendment to his amendment;
and I want Senators to affirm that'there exists in Congress no
power to abolish slavery in any of the Statds of the Union, or
to stop the slave trade between them ; and when we come to
the latter clauses I shall propose two other amendments.
Mr. CASS. Allow me to request the honorable Senator
from Kentucky to withdraw his motion. I have some objec-
tion to it, as I had to his own resolutions. These are all
abstract speculations, and are not to be determined by any
Mr. CLAY. I am not going to give any opinion in any
form, but it struck me that gentlemen, who vote against the
instructions as proposed by the Senator from Missouri, would
be placed in this embarrassing condition : that if they vote to
have the committee take them into consideration, it would be
an implication that Congress has the power to act on them,
but by the adoption of my amendment it will be conceded
that Congress has no power to abolish slavery in the States,
or the slave trade between the States. However, I will with-
draw the amendment.
Mr. KING. I think the Senator from Missouri will see
that his amendment now proposed is not applicable to the tries that to-morrow morning he will call up the bill for the "Provided, That nothing in this reference shall be con-
subject. There are no instructions to the committee, none admission of California. strued to assert or imply the existence of any power whatever
whatever. The proposition is to refer the resolutions of the Mr. BENTON, (in his seat.) I will vote for it. in Congress for the abolition of slavery within the States, nor
Senator from Tennessee, and those offered by the Senator Mr. WEBSTER. I shall vote with the Senator for tsk- the suppression of the slave trade between the States, northat
Congress ought to abolish slavery within the forts, arsenals,
from Kentucky, to a select committee of thirteen, to take into ing up the subject, and the Senator froL Mississippi has pro- dock-yards, and navy yards of the United States, norstheat
consideration the subjects of which these resolutions treat. mised to do the same. Then why does the Senator wish to Congress ought to abolish slavery within the District of Co-
Now, there are no instructions that they should take into use more time and pursue a course likely to throw embarrass- lumbia."
consideration any thing ehle, and, although I entirely concur ment upon this collateral measure, this trial for peace and I propose this as an amendment to the amendment of the
in the view of the Senator from Missouri, that Congress has harmony, by bringing up these most difficult and embarrassing Senator from Missouri, and have underscored in his amend-
no power whatever to legislate on the subject of which these questions, the whole of which wehave got to meet ? I was ment what I desire to have stricken out. Now, in that firm,
amendments treat, yet I suppose there are those who have en- sorry that my friend from Connecticut attempted to refer the I trust we shall have a vote on it in the Senate to-day, ap-
tertained, and yet entertain, the opinion that they have power matter with instructions, anil what I have seen to-day but proaching in unanimity that wl.ich we had on another subject
over oe of the subjects, and perhaps over two. I could not confirms me in the opinion that California makes no advance yesterday. Indeed I do not see how any Senator can vote
myself vote against them, were they relevant to the subject ; towards admission, while we are discussing these questions, against this amendment. I call for the yeas and nays upon it.
but I do not consider them as relevant to the subject. No which run over the whole subject of constitutional law. Eve- Mr. BENTON. Well, I believe that the amendment of
beneficial object can be accomplished by pressing these amend- ry thing contained in the constitution in any way relating to the Senator from Kentucky and my own come to the same
monte ; for, though I think there is a decided majority in re- slavery comes up under a subject of that kind. I appeal to point. I believe so.
gard to the two subjects, the others would lead to a division, the Judgment of the Senator whether there is any utility in Mr. CLAY. Will you adopt it then, if you agree with me0
and probably to much debate. If the Senator perseveres in this. I have not the power to stop it, of course; but if these Mr. BENTON. That is what it seems to me, and, ap-
his amendments, I shall certainly call for the vote on each propositions of the Senators from Kentucky and Tennessee proving of my own, I do not desire to waive it.
subject, and give my vote in favor of the whole of them. At may not be considered in a spirit of some kindness, and with Mr. CLAY. Ah!
the same time, I know that there will be division in relation to some disposition to settle the agitation of the country, why The amendment of Mr. CLAY was then read.
the other two points. But why send to a committee to deter- the we make more excitement than we allay, and more diffi- Mr. SE WARD. I ask a division of the question.
mine what we all believe and know is literally in violation of culties than we compose. I wish those resolutions to be dis- Mr. BENTON. The extreme disposition I have to get
the constitution of the United States, if they should attempt posed of. I think it better that they should be, and that on harmoniously disposes me to adopt the amendment of the
to take jurisdiction of it ? The prohibiting of the slave leaves nothing on our hands, and unless to-morrow w'e begin Senator from Kentucky. It is not, however, as strong as the
trade between the States is a question over which it has been with the deficiency bill, which my friend from New York hat amendment I offer. My object is to prevent the committee
decided by the highest tribunal in the land that Congress has in charge, I am ready at once to take up the bill admitting taking any jurisdiction of those subjects ; the amendment of
no power. As regards the abolition of slavery within the California. Then we shall have something before us, to the-Senator from Kentucky permits the committee to take
forts, dockyards, and arsenals, that also cAmes under the same which all sorts of amendments cannot be presented, became jurisdiction, and at the same time denies them the power to
rule, and I think, therefore, that under all the circumstances it none can be considered that are not in some way or other do any thing. And while I certainly prefer my own, I can
is scarcely germane to the subject, and perhaps, strictly speak- connected with the subject. I only wish, therefore, to get rid, seeo objection to a reference which tells the committee to
ing, is not in order, if we can, of these series of propositions to amend, and then do _,.. iin i. the world on the subject.
Mr. BENTON. I ask the clerk to strike out the word let the resolutions be referred or not, and proceed to take up i're \I':3 PRESIDENT. Is the Senator from Missouri
"instructions" and insert the word "reference." the California bill immediately, understood to accept the amendment of the Senator from
The amendment, as thus modified by Mr. BsETOX, wAS Mr. FOOTE. I only rise to explain what might other- Kentucky ?
then read. wise be misapprehended, in the remarks just made by the Mr. BENTON. Why, all this comes suddenly upon me.
Mr. BENTON. I wish to say to the honorable Senator Senator from Massachusetts. It is perfectly true, as the Sen- It is not am strong as my own.
from Alabama that it was with no view of embarrassing the ator states, and I authorized him in conversation this morn- Mr. DAVIS, of Mlassachusetts. I should like for one to
Senate or any member that I introduced this proposition. It ing to say what I have before said in debate, that I would have, as a-matter of information, these propositions printed on
was with precisely the opposite view, and in accordance with vote for the motion to take up the California bill whenever it our tables.
what I said the otherday, in the poorremarks in which I oate was made. At the same time the Senator will do me the Mr. BENTON. This debate to day has been conducted
my opinion that the speeches of individual Senators Vrit t. justice to say, that I declared to him and to others that in do- in a way pleasant to my feelings, and I doubt not to the feel-
further to quiet the country than any thing in the world which ing so, it was not my intention, nor could I consent to do any ings of the Senate. Agitating, exciting, and distracting as is
a committee can do ; and it was with a view of having the thing that would in the least degree interfere with the action the subject, yet we are acting upon it like a calm and delibe-
question presented so that the vote might be taken on each of of the select committee raised, rate Senate, and I am willing to go home and sleep upon it,
these points, and for the express purpose of letting the people Mr. WEBSTER, (in his seat.) Certainly. and come back to-morrow and finish it up harmoniously ant
of the United States see that they have been alarmed without Mr. FOOTE. If it be a practical thing in the course of understandingly to all. Intelligibility and harmony, that is
reason and against reason ; that there is not the least founds- parliamentary proceeding to take up the California bill as a all I wish.
tion in the world f)r supposing that the Senate is going to in- separate measure for consideration and amendment, white that Mr. FOOTE. There are no doubt several Senators who
terfere with the subject about which they are so alarmed, and very subject is before the committee of thirteen, I have no ob- are desirous of postponing and avoiding action.
that there is no necessity for any scheme or contrivance to be section, though it certainly seems to me to be inconsistent Mr. DAYTON. Mr. President-
hatched up to settle these questions. It is in the bosom of with parliamentary law, and a very inexpedient and improper Mr. CASS. Will the Senator allow me ?
every Senator to speak out at once in a way to silence the course. All this was in connexion with an understanding Mr. DAYTON. Pardon me-
agitaion that exists in the country. Sir, what is that that has existed for some days past to this effect. The Sena- Mr. CASS. My desire is merely to move an adjournment.
agitation caused by ? It is about the abolition of slavery in nor from Illinois (Mr. DouGLAs) was to call up the Califir- Mr. DAYTON. Pardon me, I will anticipate the Senator
the States, and in the forts and arsenals and dock-yards in the nia bill, when the Senator from Kentucky was to present, as in that pleasure. I only desire to say that, according to my
bosom of the States so situated as to make asylums for run- an amendment to that bill, the territorial bill, and some other understanding of the amendment of the Senator from Ken-
away negroes ; the abolition of the slavertrade between the Senator was to present, as another amendment, the bill set- tucky, he has changed in rol1 the character of the original
States and in this District, which is said to be an entering fling the Texas boundary question; so that we should have resolutions, and he hasareversed, according to my understand-
wedge for the accomplishment of the others. Now, sir, I all the measures likely to be-considered by the committee pro- ing, the object proposed by the Senator from Missouri.
know the country is alarmed about these things. We see it poorly before us. I saw no objection to that plan of operations Mr. CLAY, (in his seat.) That is precisely what I
manifested in the resolves of public bodies. I have seen as if the committee was not raised. I did myself the justice, in wanted.
good and candid people as there are on God's earth laboring the exercise of courtesy and liberality towards the Senator Mr. DAYTON. I think obviously there is either a mis-
under the most serious alarm, and in the greatest nervous ex- from Illinois on yesterday morning, to say to him that, so far understanding on the part of the Senator from Missouri, or
citement, when they talked on the subject of slavery, sup- as I was concerned, he could introduce the California bill on the part of the Senator from Kentucky, as to the operation
posing that Congress was going to abolish slavery in the first, with the understanding that no opposition was to be pro- of this amendment, and as it is a matter of some little im-
States. I endeavored to convince them that, whereas for sixty seated to the amendment expected to be proposed by the Se- portance, and the usual hour has long since arrived.
years Congress had done nothing on this subject, they should na'or from Kentucky by the introduction of the territorial bill, The VICE PRESIDENT,. he question is on the
be Satisfied that Congress would not touch it, and especially and that I, for one, was willing not to give up the scheme of amendment of the Senator from Kentucky ; or is the Senator
when there is abundant proof that they will not exercise their raising the, select committee, but to postpone action upon it, from Missouri understood to accept of that amendment ?
undisputed powers over it. so far as I was concerned, for a day or two, in deference to the Mr. BENTON. Yes, sir. It is not so strong as my own
It has, therefore, been my determination from the begin- Senator from Illinois, who seems perhaps not justly treated by yet I will accept of it. I am for harmony and compromise.
ning, and is still, to obtain a vote in this body upon each of us in referring to the select committee of thirteen a matter Mr. CLAY. Ah! Very well.
these four points, so as to remove the alarm which now ex- which he himself, as chairman of the Committee on Territo- Mr. UPtLAM. I ask that the vole may be taken on each
ists in the conntry, and I have endeavored to frame them in rics, had reported upon. These are the facts of the case. I proposition eparately.
such a way as to embarrass no one. If you give reason for have no hesitation in saying that, so far as I am concerned, Mr. BENTON. I ask for the yeas and nays.
embarrassment you must expect it; and as the Senator from I am willing to take up the California bill, with a view to Mr. CHASE. The question now is understbed to be on
Alabama thinks there may be embarrassment in voting on the bringing in as an amendment the territorial bill, and othei- the amendment of the Senator from Kentucky. A great
question of the power of Congress to touch the subject of sla- wise amending it. To this end my vote shall be given, pro- variety of amendments have been proposed here, upon which
very, I think that embarrassment will be removed by showing vided always that this can be effected without in the least de- we are required to vote seriation or altogether, for the pur-
the fact that Congress does not authorize the committee even gree interfering with the action of the committee of thirteen, pose of compelling a deliberate expression of this-body at this
to think upon the subject. Mr. BUTLER. If this matter is to take the courseindi- time, and under these circumstances. Now, I apprehend
Mr. President, I rejoiced yesterday when I saw the honor- cated, I am satisfied that the result will be that the committee that the value of an expression thus obtained is vastly over-
able Senator from Kentucky add to the long list of benefits he will gravely deliberate on all the subjects spoken of, and that, rated. I have said, already, that I do not believe Congress
has conferred upon his country, another benefit by making whilst the committee is out, the California bill will be taken has the constitutional power to legislate on the subject of
that extraordinary motion. I think he was fully justified up and disposed of by the Senate. slavery in the States. I hold that opinion; but, if this
under the circumstances, in making that motion, because Mr. FOOTE. It cannot be reached before Monday. question is forced now, I shall vote against every one of
when that motion was made it implied, not merely that the Mr. BUTLER. I do not know how long the committee these propositions. Why force it now? Why force a
measure ought not to pass; it implied not merely that we may be out. question here which can turn out in no profitable result-
could give no parliamentary sanction to such a measure, but Mr. FOOTE. We can propose the amendments to the whichcan give no satisfaction or information to the country-
it rebukes it as an improper thing. The motion to reject bill, then.which will benefit nobody, and which, so far as the expres-
them is a strong one, and I think it was strongly made yes- Mr. BUTLER. I have understood from the beginning wion of the opinion of the Sanate is concerned, is perfectly
terday ; and I do hope that the same motion will be made that the great object to be attained was this, to use an illus- worthless? We have changed the whole character of the
upon each class of petitions which come here to annoy us on trat;on : There were three vessels at sea-one of them (Cali- subject under consideration. But a moment since we were
the subject; one motion of the same kind upon each class. fornia) was strong enough to carry the other and weaker yes- discussing whether we should join California with the terri-
And it is my opinion that the motion made yesterday in the sels into port, if connected with her. California was a large torial bilt, and with some bill for the adjustment of the Tex-
Senate, in which the Senator spoke for himself and upift 'the and safe ship, and the other smaller boats in danger were to be an boundary4 and now, all at once, we have a great variety
spot, will have more influence upon the public mind than all attached to her, and she would carry them all safely into port. of abstract questions put upon us, in regard to the powers of
the arrangements that can be made by committees, and that This I have all along understood to be the object. California Congress under the constitution.
will be precisely the effect if this amendment is adopted. was to be used for a beneficial, a generous purpose, and I had Well, if we are to meet these questions, let us debate them,
Sir, when the thing is carried into a committee and considered resolved to throw no obstacle in the way-without, however, and debate them fully. Let us not pass all at once, and in a
there, especially when the word "compromisec",is used in giving up any objection I might have entertained. But now, hurry, upon questions of this magnitude. It seems to mhe
connexion with it, there is a belief among the people that according to the course indicated, I find that the committee is every Senator must now be convinced that this mode of pro.
there was a giving and taking; that the people ate to be to be deliberating in the committee-room while the Senate is ceeding can result in no practical good. Upon every practi-
brought together by mutual concessions, by giving an inch to take from them the most important matter, the considera- cal question every Senator I apprehend is ready to vote, and
here and taking an inch there, and that at last a compromise tion of the California bill. That would indeed be taking the give his yea or nay where it will count. But we now have
is made up. But the idea is, that it is a result made up by oyster and leaving the shell. I do not certainly understand no practical question before us, and it is perfectly obvious that,
some sert of patch-work, each yielding something to the what is to be referred to them, if the Senate is still to go on if we persist in the course which seems to have been marked
other. How different, then, when every Senator stands in and consider the California bi!b ; and if such is likely to lie out, the result will be only delay and confusion. And,
his place and speaks at once when his name is called, and the result, I am ready at once to move to lay this whole sub- after all, to-morrow we shall have the California bill before us,
speaks from his heart, and bares his heart to the view of the ject on the table. and thus nothing is gained by any body except the excite-
country, and lets the country see what he feels-that he is Mr. BENTON. The Senator from Massachusetts has mit and difficulty of to-day. I move to lay this whole sub-
leading nobody and is led by nobody, that he is speaking the made an appeal to me in the spirit of candor, and I desire to ject on the tab!e.
sentiments of a man alike unawed by the frowns and uninflu- reply to him irn the same spirit, and to give him a reason for Mr. MANGUM. I hope the Senator will withdraw the
enced by the smiles of any. what I do. Now, it is certain that the agitation which has motion for a moment.
Now, it is my design to have a vote of the Senate upon existed in one part of the country during the past summer-I M r a m erta
each of the four great subjects which agitate the country. I do not wish to allude to any thing which will have the Mr. CHASE. Certainly, ifyou will renew it.
have paid some attention to them all; and it seems the total slightest effect on the feelings of any gentleman, and I allude Mr. MANGUM. .Mr. President, I had supposed that
abolition of slavery is to be got at the end of a series of inca- to it for no such purpose-but it is incontestable that this every Senator was fully prepared to vote on this proposition,
sures leading to it, especially the slave-trade between the agitation was produced by a certain address from members of as accepted by the Senator from Missouri. I am perfectly
States and the abolition of slavery in the forts, the arsenals, Congress here. Now, what produced that address, and the willing and ready to -ole for any one of ther. I had no oh-
and the dock yards. Sir, upon this latter subject, as well as meeting of members of Congress by whom it was reported ? section to them in their oiginab form, except that I thought
upon the other, no thought has ever been entertained by any It was a motion to abolish slavery in this District. Sir, that i would rather embarrass end retard our ultimata action.
human being that I know of, that Congress designs to legis- is the root of all the trouble which the country has felt, and Sir, I wvas gratified to perceive in the Senator from Mis-
late. So far from abolishing slavery within the grounds ocnu- it is for that purpose I want that vote of the Senate which I sorto thatmSpirit of cordiality and sense of public duty, in re-
pied by the United States for erections for military and naval know will quiet the agitation. It is for that purpose, and derstoodjhimeto accept thevery ueson sitionsI(as-
purposes ; so far as I know, Congress has never legislated for no other. But the Senator from Massachusetts has derstood him to accept the very reasonable propositions (as I
upon these subjects at all. They are all in the same cate- asked me a question. He comes from a quarter of the conceive them) contained in the amendmentof the Senator from
gory with the abolition of slavery in the District of Columbia. Union in which, according to the wisdom of Dr. Franklin, Kentucky. I, in the same spirit, willbvote most Cheerfully
Exclusive jurisdiction is given to Congress over such ground they are good at putting questions. I do not come from that for every one of them. I stand engaged to renew the motion
as is given for the oeat of government and for other specified part of the Union, but I am not absolutely a slouch at put- to lay on the table ; I do it under that obligation, though I
purposes. But, Sir, I do not recollect that Congress has ever uing a question myself. The Senator from Massachusetts shall vote against it.
exercised jurisdiction in a single case. wishes to know why I will persist in these amendments, Mr. WEBSTER. Will the Senator withdraw it to allow
And does not that stand as an argument that Congress baa when no practical consequence, as he thinks, is to result me a word.
ote ie hywilprit M.CHAS E. Certaim:ly.
no desire to meddle with the Stales at all ? There are iter from it ? I ask him why, on the ohrsdtewilpsst Mr. WB'rE.Hr ste ifclyisitn o h
haps two or three hundred concessions by the States ; there is in sending these matters to a committee, when no practical M.W BTR eestedfiut nvtn o h
an immense number of them, and I do not recollect that Can- consequence is te reeuit from it? I put the question to him, propoitio of thver Sae nature fom entuhcky Inosnt winhtroduce
gross has ever interfered with them in the slightest degree, and his action is precedent for it, why persist in sending tpc favr rv aue nwihoede o iht
Then, Mr. President, with respect to the abolition of mba- these questions to a committee, when the adoption of the be called on to give an opinion which nisy not be in confor-
very in this District, I am ona of those that believe it is cay- amendments I propose, which find a response in the heart of iywhith the may otnes ofl t ho swhplc hihean
whih h ma dowel toconsider. Now the last proposition in
ered by the constitutional power of Congress. I am one of every Senator, will quiet this agitation beyond the possibility the amendment is that Cengress ought not to atiohish slavery
those who believe from the foundation of the Government to of any human being to re-estabhish it
the present day, that it ought not to be touched while slavery Mr. HALE. As these resolutions are very much inodi- in this District. I do not wish to express my opinion on that
exists in the Slates from which the District was ceded. And fled since they were introduced, and as I now understand the subject until the measure comes before us. I am quite un-
surely Congress has shown no disposition to touch it. I do- motion is merely to refer to the committee the resolutions of willing, without any opportunity to discuss it one way or the
dlare to the Senator from Ababama that I have no desire to the Senators from Kentucky and Tennessee, I move to refer other, to affirm or deny the proposition. If it was on ,the
embarrass, and I see no earthly objection that can be made to them to the Committee on the Territories. I believe that has question of constitutional power upon which we were called
this amendment. My object is that we shall all vote togeth- precedence over a select committee ; and on that motion I ask to vote, I am ready to meet the question, and have been
or, and I believe we shall vote unanimously on this question, the yeas and nays. for ten years. But to say whether we ought or not to exer-
because it leaves every gentleman free to vote as he pleases. The VICE PRESIDENT. The motion has priority, else that power, it seems to me is inappropriate. T]he Sena-
I believe the vote of the Senate will be unsaimous upon the Mr. CLAY. Is the motion in orderI tor from Kentucky himself, very properly, when pursuing
great points as to the abolition of slavery in the States, the -The VICE PRESIDENT'. I thinkj it is his own line, confined his views of the service of the comnmit-
ports, dock yards, and arsenals, and nearly unanimous with Mr. CLAY. I think not. The pending question is on th tee to three topics, and I am not prepared to vote on any other
regard to the power to abolish it in District of Columbia. I amendments offered by the Senator from Missouri. After the topics except those.
believe that ; and I believe, as I must repeat again and again, has been decided, theta the Senator from New Hampshire may Mr. CLAY. After what has been said by my friend from
that it will have a better effect to quiet the country and restore move as he has, but until then he is not in order. Massachusetts, I will conclude one or two remarks by moy.
harmony than all the compacts prepared by any committee. Mr. HALE. I desire to suggest that it is competent to re- ing an adjournment, for certainly I would not press any gen-
Let us all vote together, and we shall silence agitation. I for the resolutions and amendments to the Committee on Trer- tlesnan to vote upon a subject to which he has not given a
believe that is the way to quiet agitation in the country. nitories. My motion is to do that, and I think it wibl be found full consideration. The Senator, however, most remember
N'ow, Mr. President, the Senator from Kentucky thinks it in order, under the 35ith rule of the .Senate. It is not neces- that I should be glad to get rid of all these obstructions if I
is nothing to send these questions to a committee, because the sary that the amendments should he adopted ; it is enough could, but the Senator from Missouri proposed a series of
committee will report against thom. I do not agree to that. that they are simply proposed. instructions which, taken in the form in whieb he presents
Is it nothing to give jurisdiction ? Is it nothing to set the ex- The motion to refer the whole subject to the Committee on them, would bead to embarrassment and misconception in the
ample of giving the right to think upon the subject when I the Territories was rejected, as follows: -country. Well, by way of amendment, I have made a proposi-
myself will not think upon it, and when this body will not YEAS--Messrs. Baldwin, Beaton, Bradbury, Chase, tion (which he, I am glad to say, has accepted) containing cer-
think upon it ? It will be creating real cause for alarm Clarke, Corwin, Davis of Massachusetts, Dayton, Dodge, of tainmodifications,oneofwhichismsrely the assertion thatthere
among the people in the Stales, when they find any com- Iowa, Dodge, of Wisconsin, Felch, Greene, Hale, Hamlin, is no power, express or implied, in the Congress of the United
mittee vested with jurisdiction on the subject of slavery. No, Jones, Miller, Phelps, Seward, Shields, Smith, Upham, and States to abolish slavery in the States. The other is, that it
committee, I care not on what side of the line, should have Walker-23. has no power to suppress the slave-trade between the States.
juidicion of it. I have no idea of setting an example which BNAYSCMessrs. Atchison, Badger, Bell, Borland, Brightn, Two popositiorts upon which I am perfecitly sure the Sena-
can be followed hereafter. I have no desire to depart from Duglease, Do ns, F, fin i, Dickinson, tor frm Massachusetts and myself concur. The third is
Bouglas, Downs, olem Hnter,0KingsMn rp asn
what has been the practice of the Government from its foun- Morton, Pearce, Pratt, Rusk, Seblastian, Soue, Spruanee, neither asserting nor denying the power, but using lan-
darion to the present time. Turney, Underwood, Wale,, Webster, Whiteonb, and guago which any gentleman, whether he disputes or admits
Now; if,we vote to lay this on the table, I shall ask the Yulee-31. the power, may very properly, I think, without any inconsis-
yeas and nays upon each of these points. It is with that The question then recurred on the amendment of the Sen- tency vote for-that is, that Congress ought not to abolish
view that I have offered this amendment. I have offered this ator from Missouri. slavery within the District. I do not say that there is no such
as my compromise ; I have offered it as my peace-maker, my Mr. CLAY. I recur, air, to the first impression I had with constitutional power ; on the contrary, my opinion is perfect-
healer, my restorer, as my balm of Gilead; it is to leave the regard to disposing of these proposed instructions. I will not ly coincident with that of the Senator from Massachusetts. I,
hearts of the Senators and let the people look inside and see go through the whole of them, but, in order to make myself believe Congress has the power, but I have always said,
what is in them, and they will see there is no cause for agi- more clearly understood, I will read a portion. It now stands, there was, in the nature of the case, an implied good faith that
station, and that is what I want to show. "Provided, That nothing in this reference shall be con- the power which the beoadness of the language of the constitu-
Mr. WEBSTER. I regret that the Senator from Missouri strued to authorize the said committee to take into consider. tion conveyed ought not to bh exercised. That is my view.
should think it expedient or usefult to attach these propositions tion any thing that relates to either of the four following sub- And so in regard to the forts, arsenals, and dock yards, &c.
of amendment to the general question of reference. It is jects: 1st. The abolition of slavery within the States." where some despicable men talk about abolishing slavery, and
quite evident, as I have once or twice before said to-day, that That is sufficient for my purpose. Now, if we vote against where there is none. I suppose the whole amount of this
if we make all these questions upon a mere matter of the re- these instructions, which I for one am prepared to do-for I kind of property would not amount to more than one hundred
ference of these resolutions, these questions may be the sub- am not easily alarmed at any erroneous implication-if we acres of land ; and that there are no slaves upon it, except
jects of debate for many days, keeping the main question of vote against them, it will be an implication that we supposed those who are daily hirelings from time to time, according to
the admission of California in the mean time in abeyance. there was some power, for instance, over the abolition of sla- the exigencies of the public service.
I acknowledge that I consider the reference of the resolutions very in the States, when there is net a member in thisbody, I Mr. FOOTE. As I stated to-day that I had agreed with
to a committee rather a collateral proceeding. It is but yield- hope, who thus thinks ; and the result may be to continue the the Senator-from Illinois and with others to vote for taking up
ing to a suggestion that some good may come from it with a agitation and produce excitement in regard to individual Sen- the California bill, it was with the understanding that this
view of quieting the agitation which exists. And the honor- ators, and perhaps to the body. To avoid any such implies- whole matter should be disposed of to-day. But, as this plan
able member will allow me to suggest that it has already tion, I propose to modify the several instructions of the Sena- has been defeated, and the whole day taken up in the disous-
been intimated by the chairman of the Committee on Terri- tor from Missouri by making them read as follows: ion of the amendments of the Senator from Missouri, I more7
ly rise for the purpose ofstating that I am wholly disappointed
in the course of proceeding, though I complain not of the
conduct of any gentleman ; aid that I consider myself wholly
absolved from any arrangement wt~ich has been made ; and
thatI shall act on the California proposition, when it comes
up, as my judgment shall dictate. In accordance with my
promise, I now move that the St nate adjourn.
The motion was agreed to, and the Senate adjourned.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, APRIL 10, 1850.
The SPEAKER said that ho desired to state to the House
that he had received a communication from Mr. MCLANAHAZT
one of the committee appointed to investigate .the conduct and
relation of the Secretary of War to the claim of the rerre-
sentatives of George Galphin, stating that he is necessarily
absent for several days, and asks to be excused from serving
on that committee. As the Chair had not the power to ex-
cuse, he had thought it proper to lay the matter before the
Mr. BUILT moved that Mr. MeLAMAxax be excused, and
that the Speaker be authorized to fill the vacancy ; which mo-
tion was agreed to.
In a subsequent part of*the proceedings the SPEAKER
stated that he had received a communication from Mr.
GENTRY, a member of the same committee, stating his in-
ability to attend either the sessions of the House or the sit-
tings of the committee, and asking to be excused from serving
on the same.
On motion of Mr. BURT, Mr. GNTRax was excused from
serving on the committee, and the Speaker was authorized to fill
The following gentlemen*have been appointed by the
Speaker to fill the vacancies : Mr. M.wv, of Pennsylvania,
in place of Mr. McLANAHAI, and Air. Baaiec, of Kentucky,
in place of Mr. GssETY.
The SPEAKER announced, as the regular order of busi-
ness, the consideration of the joint resolution, reported from
the Committee on Revolutionary Pensions, explanatory of
certain acts therein mentioned, on which a motion had been
made to refer the resolution to the Committee of the Whole
on the state of the Union ; on which motion the previous
question had been demanded. And the question was now oni
seconding the demand for the previous question.
The-demand for the previous question was seconded; and,
under the operation thereof, the motion that the joint resolu-
tion be committed to a Committee of the Whole on the state
of the Union was negatived.
The resolution was then ordered to be engrossed, and being
engrossed was read the third time.
PRESIDENT'S CALIFORNIA MESSAGE.
On motion of Mr. K.UkUFMAN, the House went into
Committee of the Whole on the state of the Union, (Mr.
Boxa, of Kentucky, in the chair,) and resumed the consider-
ation of the message of the President of the United States
transmitting the constitution of the State of California.
Mr. ROSS, being entitled to the floor, addressed the com-
mittee in a speech which occupied his allotted hour, on the
subject of slavery.
Mr. DUER followed, and spoke an hour on the same
Mr. EWING then obtained the floor, but yielded to a mo-
tion that the committee rise; which being agreed to, the com-
mittee rose and reported progress.
On motion of Mr. CARTER, the House then adjourned.
THURSDAY, APRIL 11, 1850.
The space occupied by the* Senate Proceedings renders ne-
cessary the postponement of our account of what was done
in the House. That body spent most of the day in the re-
ceplion of Reports from Committees, of which many were
presented. Previous to entering upon this business, however,
the Census bill passed yesterday by the Senate was referred,
together with that formerly reported in the House, to the
Committee on the Judiciary ; ten thousand extra copies of
Hun. TtorMAs BUTLER Kiso's report on California were or-,
dered to be printed ; and the bill for the relief of the Wil-
I ington and Raleigh Railroad Company of North Carolina
was taken up and passed.
,"Liberty and Union, now and forever, one and
SATURDAY, APRIL 12, 1850.
THE WHIG PRESS AT RICHMOND.
Having heretofore expressed, with as much frank-
ness as sincerity, our surprise at the course of the
Richmond "Whig" and the Richmond "Times
and Compiler," in suffering themselves to be beguil-
ed, by specious pretences, into the support, for a time,
of the crafty and dangerous scheme of a Southern
Convention, it is due from us to them that we
should state, in their own language, the position
which is now occupied by two of them in relation to
that question. With this view, we make the
following extracts from those papers:
FRO THE bRICHM-OND" "WHIG" OF ArnlL 9.
Our readers are well aware that a Southern Convention,
in any shape, has been no particular favorite of ours. We
did no't like the menacing air which 'it bore, and we were
never very sanguine of beneficial results from it. As to any
influence it might exert upon Congress or the North, we
never supposed it would amount to any thing. But we did
indulge the hope that consultation among the people of the
South might result in some combined plan for the advance-
ment, or rather restoration, of the commercial independence of
the South. We felt, too, as every Southern man ought t6
feel, indignant at the unjust and insulting demands of the
North in claiming the whole territories acquired from Mexico,
and we were willing and desirous that the whole North should
see and know that there was no diversity of sentiment in the
South on the main points in controversy. We therefore
acquiesced in the Nashville Convention, as modified and re-
stricted by the resolutions of the Legislature. We will abide
by that understanding. If any portion of the people desire
to 'end delegates to Nashville, upon the terms of the fifth
resolution, we will make no opposition to it. But we will
stake nothing upon the result--and we protest against the South
being prejudiced by its failure, if it should be a failure. From
present indications, we apprehend that such will be its fate.
To be successful, it should assemble with the united approba-
tion of the Southern people. But the impression which,
since Mr. Wzasrza's speech, has gained possession of the
public mind, that the sectional controversy is in a fair train to
a satisfactory adjustment in Washington, has indisposed
many of the Southern people to a participation in this Con-
vention. Three or four Southern States have declined being
represented there at all. And we observe that several coun-
ties in Virginia have determined on the same course.
We maentien these facts to show the want of unanimity,
and as indicating the possible failure of the undertaking. But,
we repeat, if any body wishes to send delegates they will have
no opposition from us ; and if any delegates are sent from
Virginia, we desire that the conservative influence of Rich-
mond should be represented and felt in the Conventionu
aR0im THIE TItES AND COssrLER" ,OF iPaIL 10.
On the subject of the Nashville Convention we shall de-
cdare our own views frankly and fully. We concurred,
though not without distrust, in the recommendation of the
measure by our Legislatgre, hoping that, if Virginia invited
a consultation with her sister Southern States, in order to
there would be in those States a general acquiescence in the
measure, and~that it would result in good. Instead of that
acquiescence, however, we find that the proposition is viewed
with distrust in nearly every Southern State. Maryland,
Missouri, and Kentucky "will not be represented at all. In
other States contemptible minorities have assumed to appoint
delegates. Some States have appointed delegates with some
sort of credentials, others with none but the passports of irre-
sponsible Legislative caucuses. With these facts before our
eyes, we believe that the Nashville Convention is already a
failure. It has failed to command the concurrent approba-
tion of the people of any one State ; and, in the language of
the admirable resolutions of King George county, which ex-
press our own sentiments more precisely than any others we
have seen, "we think it impolitic to meet in Convention,
because, without union of sentiment in regard to such a
'movement, no good would follow, and that there is division
'of opinion at the South as to the propriety of a Convention
at this time, cannot be denied." There is not merely divi-
sion of opinion, but we are convinced that, if a vote were
taken to-morrow throughout the South, a large majority would
declare against the necessity for a Southern Convention In
June next. It is said, we know, that it will weaken the
8outpp cause to show o-slvew divided in repaid to thq
t4aUte. But the divIsion exist, is palpable, cannot be
avoided, cannot be denle& We are not divided in the reso-
lution to submit to no aggression, whatever be the conse-
quence of resistance. Is it not true policy, then, true wis-
dom, to abandon a measure which is not necessary to the
maintenance of our position, and about which we cannot
We have not introduced these extracts into our
columns for the purpose of commenting upon
them : for they speak very intelligibly for them-
selves. Upon the protest of the Whig," how-
ever, "against the South being prejudiced by the
failure of the project of the Nashville Convention,"
we cannot withhold the remark that the successful
attempt of any number of Southern States, singly
or by compactt," to get out of the Union on any
question now agitated in the South, could not fail
to involve the whole South in irretrievable disaster.
It is because such has been and is our deliberate
conviction, fortified by the judgment of many of
the soundest heads in the South, that we have so
earnestly protested against the proposed Conven-
tion, as the entering wedge by which the Union is
to be riven asunder, and the interests of the South
to be victimized by deliberate suicide. The "Whig"
may rest assured that from the failure of that
scheme nothing but advantage can accrue to the
To the blame that the Times" (in a paragraph
which we have not copied) would cast upon our
producing to our Southern readers, from their own
journals, evidence to satisfy them that they had
been deceived or had deceived themselves as to the
generalsentiment of the South, we might oppose,
as a sufficient vindication of our course, the de-
monstration by the Times" itself, in the columns
of the same number which awards this blame, of
the indifference of the masses of the South to this
"' violent remedy" for whatever grievances the
South really has reason to complain of. But we
will not contend with the Editor of the "Times,"
in whose patriotism and integrity of purpose we
have so much confidence that we bear with his
chidings as we would with those of an affectionate
The Editor of the "Times," however, and also
the Editor of the Whig," will, we trust, bear with
us in turn, whilst we re-affirm, with positive assu-
rance of belief on our part, that, whateverpoliticians
and party leaders may have declared and resolved
upon this subject, at least two-thirds of all the
People of the Southern States are dead against the
Naahville Convention, or any other project which
includes the possibility of a design to break up the
Union ; nay, that, were the matter understood by
the whole people of the South as we understand
it, ninety-nine out of a hundred of the men, women,
and children of the fifteen Southern States would
unite in execration of it. Of this we have evi-
dence, direct and circumstantial, abundantly satis-
factory to us;
We have at this moment before us a Letter from
a highly respectable gentleman and slaveholder in
Virginia to his friend in this city, the body of
which we should place before our readers; in
corroboration of the views which we have hereto-
fore expressed on the subject of the proposed Nash-
ville Convention, did it not contain some things
which-hardy though our friend of the "Times"
seems to consider us-and though we do not for a
moment doubt their truth-even we dare not pub-
lish. One or two passages, however, we venture
to copy, as follow:
* #* Ifit be asked, why then are the People
so quiet when Congress is so much excited, I
Should answer, there are several reasons. Ole is,
That they are not generally warned of their danger.
SThey do not yet understand fully what is the
matter. Their Representatives in Congress are
not giving them information ; nor do the country
newspapers. The great speeches of Mr. CI.AY
and Mr. WEBSTER would have a most powerful
influence on public opinion in the South, were
they generally circulated among the people : and
they ought to be. I do not know what the Mem-
bers of Congress are doing. Our immediate Re-
presentative could not do a greater service than
by sending a thousand or two of the late speech
or speeches of Governor CASS on the slavery
question into his district," &c.
"The few remarks I made in my last letter to
you on the same subject* were literally true ; but
were, nevertheless, without doubt, altogether un-
acceptable to men under the influence of passion,
and who were permitting themselves to be led on
blindfold, by those engaged, not in endeavoring to
correct abuses or remedy grievances, but in the
treasonable design of contriving excuses and lay-
ing plans to dissolve the Union."
"An extract from which was published in the National In-
telligencer of the 25th February last.
FuoITIVE SLAvEs.-The Pennsylvania House of
Representatives, by a vote of 50 to 29, has passed
a bill repealing certain objectionable sections of the
law of 1847, to prevent the recovery of fugitive
slaves. We rejoice at this sober second-thought"
of the Legislature of that State, as it is calculated
to allay much of the irritation of the slave States.
The Savannah Republican learns by private ad-
vices from Tampa Bay that a steamboat has lately
left that port for Manitee, there to receive a consi-
derable body of Indians that Were assembled for
the purpose of emigration. It is supposed that this
new emigration will influence favorably the Indians
remaining in Florida; among them the party of
Sam Jones, said to have gone to the Great Cy-
Tna RAILROAn ACCIDENT which we noticed yesterday at
the Fisherville Bridge, on the Norwich train, (Mass.) was
more serious than we at'first apprehended. But one life was
lost, though one hundred had a most narrow escape. We
copy the following particulars from the Boston Traveller :
As the engineer, Mr. John Hyde, touched the bridge, he
felt it swerve, and immediately putting on a full bead of steam,
attempted to cross. Just as the locomotive reached the other
side, the bridge gave way. The engine broke from the ten-
dar arid remained upon the track ; the tender and crate car
also cleared the bridge, but were thrown from the trat k, tear-
ing off a rail, which went through the crate car and one of the
crates. The second class car broke in ;wo pieces, and one
portion fell in'o the river; the next car (full of passengers)
dropped down with the bridge, but did not reach the water,
the timbers of the bridge supporting it. The third car was
thrown upon one end, and all the seats but three broken.
This car was full of passengers, who suddenly found them.
selves thrown into a heap at one corner of the car. To add
to the confusion, the car took fire from the stove, but for-
tunately the fire was promptly extinguished. The alarm ef
the passengers at this moment can be better imagined than
described. After some order had been restored, and time
given to look about, it was found that not a passenger had
a bone broken, though several were considerably bruised.
As near as can be ascertained, there were about one hundred
passengers on board the train.
The bridge in question was about 60 feet long, and about
10 feet from the water, which is at present eight feet deep.
The engineer has orders not to run fast across the bridge,
and it was only when he felt the bridge going, that he put on
steam, and went across.
A law passed the Georgia Legislature at its last session
giving to the widow and child, or children, of any person
dying insolvent, $100 worth of the property of said insolvent,
free and clear of all claims for debts due by him.
THE OPINIONS OF THE AtTORNEYPENERAL. I GEOROIA AND THE NASHVILLE CONVENTION.
There has never been ian Attorney General of
the United States whose standing as a lawyer and
whose conduct as a private gentleman more justly
entitled him to the respect and confidence of Con-
gress and of the public at large than Mr. JOHNSON.
No man ever filled this high office who was more
worthy to receive and has more fully possessed the
esteem of the Administration of which he is a mem-
ber. Yet, as the means of assailing the Adminis-
tration, we find that some of his opinions are now
called in question. As the proper law officer of
the Government, he is necessarily consulted by the
President and Heads of Departments whenever a
judicial questionof sufficient importance is present-
ed for their decision. The misfortune of past Ad-
ministrations has too often consisted in the neglect
to consult the Attorney General, although the gen-
eral usage has been, under most Administrations, to
seek his counsel on all legal questions. This is
the safe and only true rule of action for any Ad-
ministration to rely upon. It is indispensable to
secure uniformity, harmony, and consistency among
the Heads of Departments in administering the Gov-
ernment. Able lawyers as other Cabinet officers
may be, yet, without some common arbiter to whom
all are equally bound to defer, a claim might be ad-
mitted by one Department within the sphere of its
jurisdiction, and another rejected by some other
Head of Department or Chief of a Bureau involv-
ing a total departure from the same principle. The
President, who enjoys and desires to secure perfect
harmony in his Administration, has wisely directed,
ever since he came into power, an adherence to this
general usage of the Government. No member of
the Cabinet or Chief of a Bureau could, with any
propriety, overrule the deliberate and well-considered
opinions of the Attorney General on questions of
law. We are well assured, by those who have had
ample opportunity of ascertaining the facts, that no
claims for interest have been allowed by the Attor-
ney General except upon full consideration and in-
vestigation by him, and that the whole profession of
which he is so distinguished a member will concur
in the application which he has made of the prin-
ciples of law to this subject. We have thought it
proper to say thus much upon a matter which has
somewhat excited public attention, through the gross
misrepresentations and calumnies of a portion of
the press. We know that in some of the cases
where interest has been allowed on the opinion of
the Attorney General, the same allowance has been
made by every Secretary that ever had occasion to
consider cases of the same class.
POST OFFICE OPERATIONS.
The Postmaster General has established the fol-
lowing new Post Offices for the week ending
April 6, 1850 :
Office. County. State. Postmaster.
Yellow Mount'n Yancy....... N.C.. lex. Erwin.
Childsville..-.. ....do'a...... j A. D. Childs.
Canberry Forge Watauga .... John H. Dunn.
Roan Mountain. Carter....... Tenn.. Nicholas Smith.
Zimmerman ... Greene ...... Ohio.. Alex. Coy.
WASHINGTON NATIONAL MONUMENT.
The work on this great national edifice, dedicated
to the memory of Washington, was recommended
on Monday last for the season, and will be con-
tinued till the season again closes. It is now 52
feet high, and gives an idea of what it is intended
to be when completed. A block of stone has been
presented to form a part of this great monument,
k.- -.-_ ^-- _f' i.1 TT '.;- :.Ih f.-~ -- -'
oy every tate or me union, wir two etxceptions, holding elections) to ascertain what progress was making in
thus showing the interest felt in this great structure the election, and found a magistrate and constable, with one
by the States, as well as the People of this coun- or two other persons, quietly seated at the table, but no poll
try. From both it is hoped that the contributions opened and no voters! Upon inquiry, the magistrate informed
will be such as to render its completion, though us that it was impossible to organize a legal tribunal for hold-
gradual, certain, and thus prove to the world that ing the election, as no freeholder would act; and furthermore,
nogradual, certain, and thus prove to the world tha t more than half a dozen persons had appeared with a de.
the American people know how to appreciate and sire of voting.
honor patriotism and public virtue, and add new At 3 o'clock we called again, to see if there had leen any
glory to the Republic, by erecting a memorial of alteration since 12 o'clock. The only change which we noted
their gratitude and veneration which will be unsur- was that the before open doors of the hall were closed, and
t world. W. the room entirely deserted. Not a soul present, either in or
passed in the world.about the ball. This state of things continued throughout
-------- "im the day, until nearly 5 o'clock, (the hour for closing the
LSUPREME COURT OF THE UNITED STATES. polls,) when an organization was effected, and TWO VOTES
__ were cast for delegates to the Convention.
WEDNESDAY, APRIL 10, 1850. Various speculations, at a distance, may arise out of the
MosEs F. HOIT, Esq., of Alabama, and ARCHIBALD W. facts here stated. We bave only to give our opinion upon
the subject. It is this. The peol le of Clark county, although
HAMILTON, Esq., of Kentucky, were admitted as attorneys ready to resist actual aggression upon their rights, or even to
and counsellor of this Court. take measures of precaution when they are in imminent peril,
Nos. 66-7. The United States, appellants, vs. J. Archer's have seen the signs of returning justice in the North, and are
executor. Appeals from the Circuit Court United States for not disposed to resort to any measure which may dash the
Pennsylvania. Mr. Justice GRIER delivered the opinion of hope of fraternal peace.
Watkinsville precinct just heard from-25 votes only
this Court, affirming the decrees of the Circuit Court in these cast. So 27 votes is probably the poll of Clark county, with
causes, its 1000 voters.
No. 71. R. W. Withers, plaintiffin error, vs. R. May's ad- FROM THE CASSVILLE STANDARD.
ministrator. The argument of this cause was concluded by The election for delegates to the Nashville Convention from
Mr. MASON for the plaintiff in error. Georgia is over. We have no returns but from our own
town. Here, out of a popular vote of about 400, Mr. Fouche
No. 72. H. Benner et. al., appellants, vs. J. Y. Porter. received 64, Dr. Miller 60, Mr. Scattering 27. So there
The argument of this cause was commenced by Mr. WEST was 60 votes for the Convention. Mr. Scattering voted
corT for the plaintiffin error, and continued by Gen. JorES against the Convention. In this county, out of a popular
for the appellants, vote of nearly 2,400, only about 300 votes have probably
Adjourned until to morrow 11 o'clock A. M. been cast; and yet we are told by people from abroad that
there has been more excitement in this county than in any
THURSDAY, APRIL 11, 1850. other part of the State. Yet 2,000 of our citizens staid at
WM. J. STONE, Jr., Esq., of Washington, was admitted home and let the golden calf of the new lights have its specious
an attorney and counsellor of this Court. nsel rubbed off! Oh, naughty people What will Mrs.
No. 81. T. E. Boswell, plaintiff, vs. R. Dickinson, etal. Partington and the Cherokee Organ say to this ?"
On a certificate of division in opinion between the Judges of FBOM THE ATLANTA INTELLIGENCER.
th CicuriiateCu of Uisite St forii Ohie. J s fThe 2d of April, the day appointed throughout the State
the Circuit Court of United States for Ohio. fr the election of delegates to the Nashville Convention,
Mr. Justice McLEAs delivered the opinion of this Court, passed without the citizens of De Kalb county having made
that the proceedings and decree of the Court of Common any movement towards being represented in the Convention.
Pleas of Sandusky county, as set forth in the record of this A LETTER FBOM HARRIS COUNTY, DATED APRiL 3.
ase, were coram nonjudice and void. It may not be amiss to inform you that in obedience to the
ce request of Governor Towns, of this State, an election was
No. 72. H. Benner, et al. appellants, vs. J. Y. Porter. held in this county yesterday for two delegates from the third
The argument of this cause was continued by General JoNEs' Congressional district to the Nashville Convention, and that
for the appellee,- and concluded by Mr. GILPsIN for the Judge Hill (Whig) and -Warner (brother to Judge
appellants. Warner, of the Supreme Court, Democrat) received every
7. M wo ad p i e vote polled, which was precisely twenty in this county. I
No. 73. J. Mason's widow and heirs, plaintiffs in error, have head nothing yet from other counties in the district.
vs. J. N. Fearson. The argument of this cause was corn- There are about twelve hundred voters in this county-and
menced by Mr. MAsos for the plaintiffs in error, there were perhaps two hundred of them at Hamilton, (the
Adjourned until to-morrow 11 o'clock A. M. county village,) hut only twenty could be prevailed upon to
~~~~_____~~~_____cast their votes. I hope it was so every where throughout
Recent accounts from CUBA represent the Government of the State. Yours respectfully, &c.
that Island to be at present exercising the greatest vigilance LETTER FrOM CUMMING, DATED APRIL 3.
n c h d o o t The election for two delegates to represent the fifth Con-
in c o n se q u e n ce o f th e a p p r e h e n d e d o u tb re a k o f th e re v o l u g r e si o n al *di st r ,ct i S r C o n v e n ti o n ,
gressional district in the proposed Southern Convention,
tionists. From Cape Antonio to Point de Mayri the greatest came off at this place yesterday, and the result is a most corn-
vigilance is said to be exercised, and from those extreme plete failure. The county of Forsyth at the last Presidential
points daily communications are received by the Governor, election contained about fifteen hundred voters, and at this,
~~~~______~~~____the town precinct, there are generally polled, at all general and
Doe ExpzEss.-The Minnesota Pioneer gives the follow- county elections, from five to six hundred votes. At the elec-
tion held here yesterday, there were, all told, only sixty-four
ing account of the "dog train" which recently arrived at St. votes cast! There was no election held at any other precinct
Paul from the extreme Northwest: in the county, and consequently there are over fourteen
"The train arrived on Monday last, with a heavy mail hundred voters in the county who absolutely refused to have
from Pembina and the S Ikirk settlement, distance five hun- any thing to do with the convention; much less were they
dred miles. Snows are reported very deep in the north, inclined to put themselves to the trouble of electing delegates
The three dogs, having made fifty miles a day some days, to attend it. Among the names of the sixty-four individuals
were-much fatigued at the end of their journey ; being fed, who voted here yesterday, I counted fifty-seven Democrats
they laid down in their harnesses for several hours and slept, and seven Whigs! There were at least a hundred men here
but moving their feet, while sleeping on their sides, as if they yesterday who would not go into the court-house where the
were still travelling. Their sledge is a light board, with sides election was being held.
to it, cf green hide, making a sort of open shoe, with a prow In Darien the nominees for the Convention re-
turning up in front, skate fashion. The sledge contained the ceived some forty-odd votes. In Columbus the
mail and provisions for the dogs and two men, pelican, me forty-odd votes. In Columbus the&.;
there being no dwelling to stop at for many hundred miles, opposition to the Convention was very significant.
One of the men, half-breeds, travelled ahead of the dogs; and Here is the result:
the other, with a stick to drive them and a rope to hold back For the Convention candidate................. 113
the sledge down hill, came behind. The dogs are sharp- INo Convention.............................. e8
eared, a little above the medium size, and look much like No Disunion................................. 78
wolves. We have been thus particular in describing this tea- Scattering .................................... 6
veiling equipage, knowing that it will seem novel to our read- The Augusta Constitutionalist (a Convention pa-
ers in the States'.",. ,..1 -
ers in the States." per) gives what purports to be the official vote in
The trunk of Mr. J. W. Demarest was recently broken several counties, from which we learn that the
open at Panama, and robbed of specie and valuables to the highest vote given therein for candidates for the
amount of $10,000. It was supposed that the thieves left Convention was as follows: Newton county 21,
in one of the steamers recently arrived from the Isthmus, and Jasper 89, Hancock 42, Warren 131, Richmond
intelligence to that effect forwarded to New York. With this 127. The counties which gave these Jour hun.-
clue officer Smith, of that city, commenced a search, and in dred votes contain nearly six thousand voters!
less than twenty-four hours succeeded in arresting the rogues,
one in New York and the other in Philadelphia. Nearly all In De Kalb, Columbia, and Emanuel counties,
the stolen property was recovered, it is stated that no polls were opened.
When Peter was endeavoring to walk upon the water
to meet his Master, and was about sinking, had his supplica-
tion Been as long as the introduction to one of our modern
prayers, before he got through he would have been fifty feet
RAILROAD ACCIDENT AND Loss or LIFE.-Oa Monday
evening, as the steamboat train from the East, on the Boston
and Worcester railroad, was crossing the Wilkinson bridge,
between Webster and Fisherville, the bridge broke down,
and one passenger car and the baggage crates were precipi-
tated through the opening. One of the brakemen, named
John Kearney, was instantly killed, and several of the pas-
sengers were more or less injured.
D RAWN NUMBERS of Susquehanna Canal Lot-
tery of Maryland, Class No. 19:
35 43 41 39 29 7 54 66 16 13 5 56 26
D. PAINE & Co., Managers.
A HOTEL PROPRIETOR IN WASHINGTON,
D. C., wishing to engage in another business at the
North, offers at private sale his entire stock of Hotel Furni-
ture and Fixtures, together with the unexpired term of his
lease on the premises. The house contains some twenty cham-
bers, neatly furnished, capable of comfortably accommodating
fifty persons. The location (on Pennsylvania avenue) is not
inferior to any in the city. The proprietor desires to realize
a small sum of money in hand, and would make a reasonable
arrangement to suit a purchaser for the remainder. To iny
person desirous of engaging in the Hotel business, the oppor-
tunityis a rare one for safe investment. Address X Y Z,
Washington, D. C. april 2-d6tif
The Georgia papers received last night furnish
a few more returns of the votes given in different
parts of that State for Delegates to the proposed
Southern Convention. In view of the results of
this election, so far as they are yet disclosed, we
are not surprised that some of the papers which
advocate the holding of the Convention should hesi-
tate to publish the returns. Generally as, in seve-
ral States, thekPeople have condemned and rebuked
this Southern Comfederacy scheme, they have per-
haps nowhere more signally renounced it than in
some parts of Georgia. We copy all the additional
reports that have reached us :
FROM THE MACON CITI ZEN.
The Macon Telegraph of Tuesday last, in a paragraph ral-
lying the people to the polls on that day, clcses thus : The
man that would surrender the outposts of the citadel by re
fusing to vote to day, cannot be relied on to give battle when
the enemy are within the walls."
The result of the election for Delegates to the Nashville
Convention, in Bibb county, shows that not one-twentieth
part of the voters of the county cared any thing about the
' citadel,' and are therefore unreliable when the enemy arrives
within the gates, according to the foregoing. Only about 76
votes were polled here on Tuesday, at said election! Thinkof
that, Master Brooke Meihinks it is a sorry cause that can-
not muster more troops, and that too on a regular sale day of
the county. Such a test of reliability, in the hour of danger,
is therefore inadmissible.
-FROM THE GarIFFIN WHIG.
The election for Delegates to the Nashville Convenrior,
pursuant to the action of our last Legislature, and in com-
pliance with the proclamation of Governor Towns, came off
on Tuesday last; and at the Griffin precinct, where the usual
poll is from 450 to 500 votes, but 36 votes were polled; and 7
of them were for that very popular gentleman, "No Conven-
tion," who was not a candidate. Had he been regularly in
the field, and his friends had exerted themselves a little in his
behalf, we have no doubt that he would have beat the nomi-
nees of the Forsyth meeting at least 3 to 1. Thus bat 29
votes out of a voting population of 500 could be prevailed
upon to record their votes in favor of the "Great Southern
Convention." This we take to be a pretty fair index of pop-
ular opinion respecting this scheme of politicians to embarrass
the Administration of General Taylor.
FROM THE LAGRANGE ErPOCLTER.
We have never seen so little interest displayed in an elec-
tion, held tobe of public interest, as was manifested by the
people of Treup county, in the eItction held at this place on
Tuesday last, for the election of Delegates to the Nashville
Convention. The vote stood as follows: No Convention 58,
Convention 44. In stating the vate received by the Convertn-
tirn, we take the poll given to Judge Hill, which was 44,
while that to Mr. Warner was 11. * *
No official report has yet been made out. We do notknow
that any other precinct besides Lagrange was opened in the
FROM THE MARIETTA HELICON.
Monday last was the day of election for Delegates to the
Nashville Convention. We give the returns from this dis-
trict as far as we have heard. Cobb county 126 votes, Cass
about 100, Floyd 50. The Cherokee vote was small. Seve-
ral voted "no convention" tickets, and there was only'about
20 majority for Delegates. An active Democrat says that,
had it not been court week, there would not have been 20 votes
polled in Cobh.'
FROM THE nOMSE EAGLE AND BULLETIN.
The great election for Delegates to the Nashville Conven-
tion came off on Tuesday last. In this city there were 68
votes polled, of which there were for Miller 53, Fouche 45,
Cooper 12, No Convention 14, Lumpkin 1, blank I. If the
polls were opened at any other precinct in the county we
have not heard of it. And so winds up this great farce in
FROM THE WASHINGTON GAZETTE.
If there ever was a farce enacted before High Heaven, it
was the effort of political leaders to dupe the people of Georgia
into an election of delegates to the Nashville Convention on
Tuesday last. In old republican Wilkes the abortion was
complete. The whole scheme fell stillborn, and the distorted
bantling had not even a friend to protect its nakedness, or ac-
cord to it the last sad office of friendship.
F-n" THE ATHENS BANNER.
Tuesday last was the day designated by the Legislature,
and proclaimed by the Governor of Georgia, for the election
of two delegates by the people of each Congressional district
to the Nashville Convention.
At 12 o'clock we called at the town hall (the place for
and hundreds of others who have long since departed; defend-
ed by Calhoun, the younger Adams, Wirt, Grundy, Jackson,
and a host who have more recently gone hence to be here no
more; and now supported by a galaxy of great men from every
part of the immense Confederacy, of whom it would be invidi-
ous to particularize It cannot be dissolved. The vexed
questions that are pending must and will be amicably adjust-
ed, and this great nation shall go on prospering in her union
and her greatness until "the end of earth" shall come, not
only to one, but to all. F.
WASarNGTON, APRIL 5, 1850.
L" AND AGENCY.-I have, as agent, several valuable
farms for sale, situated within two, four, six, and eight
miles of Washington and Alexandria, in the counties of Alex-
andria and Fairfax, ranging in prices from $100, down to $5
per acre. Any persona desirous ofpurchasing lands, improved
or unimproved, will do well to address me (post paid) at Alex.
andria, Va., or call on me at my residence, Hygeian Hall,
four miles west of Alexandria, near the intersection of the
Leesburg and Columbia turnpikes, when I will at any time
take pleasure in showing them such places as will not fail to
In the mean time, any one having land to sell would not do
amiss by addressing to me the locality, quality, and their very
lo-west price, at the most liberal terms of payment, k., as will
tend to a ready and prompt sale. All postage must be paid
or no attention will be given.
de 13-Sawtf RICHARD B. LLOYD,
A LETTER FROM GOV. BROWN, OF FLORIDA.
It is due to Governor BROWN, having published
the Letter of Mr. Senator MORTON, that we should
copy also the following rejoinder by the former.
FROM THE FLORIDA SENTINEL.
TAtLaH1a.tr, MARCH 30, 1850.
Mr.: CIusBr. Dear Sir: I received yesterday a pamphlet
dated Washington city, March 12th, 1850," signed "Jack-
son Morton," and addressed to me as Governor of Florida.
So far as self-respect and a proper deference to the sentiments
to the people of this State permit or promptjne to notice this
document, I desire to do so in the present communication.
This pamphlet is in reply to my communication of the 22d
February last, in response to the joint letter of our Delegation
in Congress. Why Senator MOnTON has thus chosen to
separate himself from his colleagues, or for what object he
singly seeks to provoke a controversy with me, I am somewhat
at a loss to determine.
He complains that my letter came "in printed form."
Their joint demand upon me for official action, deemed impor-
tant by them, was a document intended for the public eye, and
I thought it a matter of unquestionable duty, both to the
signers and the people, to send the whole correspondence to
press as early as possible. This done, I caused them to be
furnished with copies in circular form ; but, had I supposed
Senator MORTON so fastidious, I should certainly have sent
him a manuscript copy.
Of the italics to which he objects, I gave no directions to
the printer, but have since been informed they were the result
of some loose underscoring, in pencil, designed by me to
call the attention of a friend (as well as fix my own) to a
sentiment, as I conceived, of dangerous import, with a view to
elicit his opinion as to the justice of the constructions I had
placed upon it. This, I am told, is the technical mark for
italicising, and to that purport was mistaken by the printer.
I do not conceive, however, that the import of the language
was materially affected by the particular type in which it was
printed, and I am gratified to believe that the mistake resulted
in drawing the honorable Senator's attention for the first time
to the dangerous political heresy contained in the italicised
portion of the joint letter. His present communication de-
signates the object of the Southern Convention to be the
" maintenance of the constitution ;" but in the joint letter he
was incautiously led to ba'e his call for representation upon
alleged inherent vices and defects in that great instrument.
It was no part of my design, in my reply to the joint letter,
to "mingle the slavery question with party politics," nor<
does it seem to me at all susceptible to this charge. On the
contrary, preceding upon a truth which has so often been
announced, though so little practised opan, that this ques-
tion is above party," my single object was to discharge what
I conceived to ba my duty, and assuming to speak the senti-
ments of "neither party," with all sincerity and candor to
declare my own. I am not insensible, however, to the abom-
inable party uses to which this question long has been and
may still be applied, by those who denounce Southern fellow-
citizens and a Southern President, quite as deeply interested
as themselves in the welfare of this section, with a treasona-
ble co-operation with its avowed enemies.
My letter of the 22d regarded the Nashville Convention
in the two fold aspect in which it has been presented to the
public by its differing friends. As a counselling and admo-
nitory body, designed mainly for moral effect upon the North,
my objections are that the South has already taken position
on these questions in a much more legitimate and authoritative
way, through her several State Legislatures; and that, if the
united voice of her constitutional representatives in her Gene-
ral Assemblies and in Congress shall fail to impress the Noith,
the voice of such an assemblage, representing but a portion
of the South, and concerning which there is so great a diver-
sity of opinion, will be wholly impotent to this end. Re-
garded for other purposes, the Convention is certainly a body
"revolutionary in its tendency," and, as an officer sworn to
support the Constitution, I can have no business with it. If
the people, who possess the right of revolution, shall deter-
mine that the Constitution and Government of their country
are insufficient for their protection, it is for them, and not f&r
officers sworn "to preserve, protect, and defend the consti-
tution of the United States," to demand and adopt other
guards and defences.
I am asked "what would make me an agitator ?" I trust,
having so lo9ng escaped that pestilent imputation, I shall do
nothing at this late period of my life to merit the stigma. I
was born and reared among, and I trust have imbibed the
feelings and principles of, statesmen who were no less careful
about the grounds of their action than resolute and unyield-
ing in defending them. Should the threatened trespasses
upon the constitutional rights of the South which the Sena-
tor indicates, be consummated, the course of Virginia upon
the alien and sedition laws will indicate what views of resist-
ance I should entertain. I trust I should be quite as far from
submitting to actual aggression as I am now from revolution-
izing, upon the force of mere possibilities that these aggressions
may be committed. Our fathers in 1776" were not "agi-
tators," in the common acceptation of that term-the Congress
of the Colonies was not a body designed for moral effect upon
Great Britain-nor were the war of the revolution and the
Declaration of Independence based on anticipated grievances.
It perhaps scarcely comports with what is due to myself to
notice that portion of the Senator's communication impeach-
ing my fidelity to the South. I am an old man, having no
personal interest or tie whatever beyond this section, and
Must, in the order of Providence, expect soon to find a resting
place beneath the soil which gave me birth. Born at the close
of the revolution, I have witnessed, through a long life, the
people of this great nation in the uninterrupted enjoyment of a
rational and well-regulated civil and religious liberty ; growing
in wealth and power; progressing in commerce, agriculture,
the mechanic arts, and in all that contributes to the social
comfort and mental and moral welfare of man. These re-
sults prove the beneficent and paternal character of the Gov-
ernment established by our wise and patriotic forefathers,
under the smiles and guidance of approving Heaven. I do
not wish to see another revolution, and if I feel called upon to
"blush" in this connexion, it is for those who pronounce
this Government a Russian despotism; who would call a
Convention of modern politicians to remedy the inherent de-
fects in the great charter of our liberties ; who think them-
selves able to improve it; who, in respect tu anticipated griev-
ances, would change or destroy it; and who seek to delude
the people with dazzling schemes of a Southern Confederacy,
which are but ignis falui to lure them on to political ruin.
May better counsels prevail; and in that spirit of moderation
and forbearance, by which alone conflicting views can har-
monize, may North meet South and South meet North, and
say let there be no further strife between us ; let the mantle
of our fathers fall upon us, and let us all unite in one glori-
ous, fraternal, and patriotic effort to transmit unimpaired to
our children those blessings which have come down to us from
a common ancestry."
I regret the style, temper, and much of the matter of Sen-
ator Morton's communication, and doubt not, with more re-
flection and experience in public affairs, this regret will be
mutual. Respectfully, yours, THOMAS BROWN.
A SmcnuLAR DscovsETs.-The Cincinnati Commercial
says there has lately been dug up, some fourteen feet below
the surface of the earth, and more than fifty above high water
mark, in the garden of Capt. G. W. Cutter, an elephant's
tusk, which time and the action of the elements have reduced
to a substance resembling chalk; it crumbled when taken
out of the earth, but a portion of it entire, more than twenty
inches long, is in the possession of the proprietor of this
place, just above the mouth of Licking, opposite. The
whole animal is probably in the bank. If this proves to be a
real elephant's tusk, which every evidence now tends to do,
it will prove a singular zoological fact, that elephants did
once belong to this country.
The Galveston News of the 25th ult. has the following re-
lative to sugar growing in Texas :
"One of our best informed merchants and sugar planters
es mates the sugar crop of Texas next year at 10,000 hogs-
heads, and at 25,000 in five years after; while in ten years
from this time ha believes the sugar crop of Texas will equal
that of Louisiana. This estimate is not made at random, but
from data that would probably satisfy most men and remove
every reasonable doubt."
Loan P.ATESs.-Speaking of long prayers, Elder KNAPP,
of Boston, says:
more farms, as purchasers may desire.
If the purchase money is well secured, reasonable terms of
credit will be allowed.
Any further information can be obtained by communicating
with either of the undersigned, residing in Winchester, Va.
THO. A. TIDBALL,
sept 27-cptf Executors of Josiah Tidball, deceased.
D ELAWARE HIGH SCHOOL--This department
of Delaware College will be opened on the 24th of April.
The Faculty of the College, consisting of five Professors, will
constitute the corps of Instructors for the School. Its scheme
of instruction comprises several parallel courses of study,
theoretical and practical, each of which is to occupy two years,
(the student pursuing either one at his option ;) and provision
for instruction in selected branches, as Engineering, Naviga-
tion, &Sc. Also, full courses of illustrated and experimental
lectures on Natural Philosophy, Astronomy, Chemistry, Geo-
logy, and Natural History, and on the applications of the sci-
ences to the useful arts, and an extended course of Drawing,
(with pencil, crayon, India ink, and steel-pen.) The valuable
apparatus, cabinet, and library of the College, are to be freely
used for the purposes of the school.
It will be seen that the Delaware High School is similar in
its character to the Philadelphia High School, offering to the
young men of Delaware, and to students generally, the same
advantages which in that popular institution are extended only
to the youth of Philadelphia.
Total amount of the necessary annual expenses only $138.
For further particulars apply by letter, post-paid, to W. A.
NORTON, President of Delaware College, Newark, Del.
JOHN QUINCY ADAMS-JOHN C. CALHOUN-
On the 23d day of February, 1848, departed
this life, in the Capitol of the United States, full of
years and full of honors, JOHN QUINCY ADAMS.
On the 31st day of March, 1850, departed this
life, at his boarding house in the city of Wash-
ington-within a bow-shot of the Capitol-JOHN
CALDWELL CALHOUN, no less esteemed while living,
and no less honored in the memories of his fellow-
citizens, than his great contemporary, who preceded
him but two brief years in entering upon his im-
The fact is worthy of note that the building in
which Mr. CALHOUN died was built for the use of
the Congress of the United States, and was used as the Ca-
pitol during the rebuilding of that edifice, after its destruction
by the British troops; or.d, therefore, the walls within which
he drew his last breath have often echoed to hi: ?;3ice, as
poured forth in the defence of !;puineiples, in that rapid tor-
rent of eloquence and logical reasoning, which, though it
might fail to convince, never failed to electrify his hearers.
Thus have two eminent American statesmen departed from
amongst us, one belonging to the North, the other to the
South, but both to the Union.
There is much in the circumstances attending the lives and
deaths of these two great men, statesmen and patriots, which
every one who has at heart the perpetuity of this Union may
reflect upon with unalloyed pleasure and satisfaction; there
is, indeed, a feeling of buoyancy to be derived from such re-
flections, that causes the thoughts to leap joyfully over all the
troubles and difficulties in their pathway, and jump to the
conclusion that the Union of these States is safe beyond a
Mr. AD tMS was about fifteen years the senior of Mr. CAL-
HOuN, and had become eminent as a statesman when Mr.
CALHOUN first entered the arena of national public life, as a
member of the House of Representatives of the United States,
in which he first took his seat on the 6th day of November,
1811. Mr. ADAMS was then Minister Plenipotentiary of the
United Sta'es at the Court of Russia This was an era in
the history of this Government, at which the test was about
to te given to our republican institutions, which would set-
tle the question as to the power of a purely popular govern-
ment to maintain itself. The non-intercourse law, which
followed the famous embargo law, was in operation, and every
movement was tending toward war with the most powerful
nation on the globe. Mr. CAirOUN entered heart and soul
into the contest on the side of his country, in which he dis-
played an eloquence and a patriotism which was felt, and
which at once placed him in an eminent position with the
country ; and, on the first day of June 1812, he reported a
bill from the Committee on Foreign Relations dece'aiing War
against Great Britain, which on the 18th day of the same
month l ecarne a law. This war was supported by Mr. CAL
nouN with a zeal and energy which knew no relaxation; and,
while he was thus patriotically engaged at home, the giant
mind of Mr. ADAMs was laboring in the same cause abroad.
When negotiations for peace were to be entered into at
qphent, Mr. ADAMS was called to take part in them; and a
Peace every way honorable to the United States was made
on the 24th of December, 1814.
Mr. CALHOUN continued in Congress until the 8th day of
October, 1817, when he was appointed by Mr. MoeSnoE
Secretary of War, IsAAc SHELBY, of Kentucky, having de-
clined the appointment made in the preceding March. Mr.
ADAMS was appointed Se.retary of State in March, but, being
then in Europe, he did not enter upon the duties of the office
until September, 1817, only a few days prior to the time
when Mr. CAL.HON entered upon the duties of Secretary of
Here, for the first time, we fihd these two great men (ffi-
cially and personally acting in concert. For nearly eight years
they remained in this official position toward each other,
and at the close of Mr. MoNnoE's second term of office the
elder of the two was called to the Presidency, and-the younger
to the Vice Presidency. Mr. ADAMs's term of service expired
in March, 1829. Mr. CALnoUr was re-elected Vice Presi-
dent, and held that office until December, 1832, when, hav-
ing been elected Senator from South Carolina, he resigned it,
and took his seat in the Senate. Mr. ADAMS, after retiring
from the Presidency, was elected a member of the House of
Representatives in 1831, and took h!s seat in December of
that year. So that these two great statesmen were again united
in the councils of the nation. Mr. AnAMS continued to hold
his seat as a member of the House until the great destroyer
struck him down at his post. Mr. CALHOVUN did not remain
continuously a member of the Senate until his death, having
resigned in 1842, and, aft'r filling for a brief term the.office
of Secretary of State, being again'elected in 1845, from which
time, until the 31st day of March last, he continued to wear
the Senatorial robes, when they were exchanged for those of
We have traced the public career of these two great men
rapidly, but we believe faithfully. The North claims the
honor of giving one of them to the Union ; the South claims
the same honor in regard to the other. They united, during
the larger portion of both their lives, in doing battle, shoulder
to shoulder,'for the Constitution and the Union. The fire
of patriotism burnt as brightly in each ot their bosoms, in the
last moments of their existence, as it did when in the prime
of manhood they stood up in defence of the rights of their
country against a foreign foe.
On one question they were regarded by all as the great
leaders of antagonistical parties, and each found 1' foeman
worthy of his steel ;" but even in this "war of the roses,"
this unfortunate antagonism between the North and the South,
it is worthy of remark that each sought to sustain the Consti-
tution, and maintain the integrity of the Union. We believe
in our hearts that no two more pure patriots ever lived, and
that they would have, either of them, surrendered their lives,
at any time, to save their country.
They died! The Representatives of the People, and as
many of the people themselves as could do so, from the North
and the South, the East and the West, assembled in the
deepest and most heartfelt sorrow around their coffined re-
mains, seeking to pay to them every honor that man can be-
stow upon departed greatness. Voices from all parts of this
broad Union were raised in eulogy of their goodness, their
virtues, and their worth; A grand funereal pageant accom-
panied the remains of one of them to his native and beloved
Massachusetts; and only a few days shall elapse before the
remains of the other shall be borne, in like honor, to his
"adored and adoring South Carolina." A Carolinian ac-
companied theremains of Mr. ADAMs to their final resting
place, and one of Massachusetts' most honored men will see
the remains of Mr. CALHOUN deposited in theirs.
And what does all this prove ? That when the holy flame of
patriotism blazes up in the hearts and souls of the people of
these United States, clear and bright above the smoke and
smother of mere partly, it sheds a glow over this Union that
will fuse it into a mass so solid that it never can be broken!
Talk of dissolving this Union, erected by such men as
Washington, the elder Adams, Jefferson, Landon, Madison,
aIOCK EIMNZ ACADKMYs
Eli1cott'. M11,s Howard District. Maryland.
T HE duties of this Institution w ill be resumed on Monday,
S the 6th of May next. For circulars address, post paid,
Rev. &. P. CARTsE, Principal.
The undersigned, feeling a deep interest in the cause of
education, cannot refrain trom bearing a public testimony in
favor of the Rock Hill Academy, conducted by the Rev. Mr.
Although this school has been in operation but eight months,
it numbers about thirty pupils, the examination of whom,
held on the 29th ultimo, gave entire satisfaction to all present.
The system of teaching, tha progress made by the pupils,
and the promptness and accuracy with which they responded
to promiscuous questions in the Languages, Mathematics,
Philosophy, Chemistry, &c., inspire us with great confidence
in the ability and fidelity of Mr. Carter as an instructor of
youth. We feel that we are discharging a public duty in com-
mending his Academy to the patronage of the community;
and this we cordially do unsolicited by him, and without his
knowledge. THOMAS LANSDALE,
JOHN R. BROWN.
SAMUEL R. POWELL,
Ellicott's Mills, April 1, 1850.-[ap lt-lawSwcp
rVIHE i.ext Collegiate year in this Institution will begin on
J[_ i' 2-',,h insatu4. T IiS6iii tehe-sepr-per time toapply'
for admission to any of the College classes.
While much greater advantages are offered than heretofore,
the amount of the College bills has been reduced.
If further information be desired, apply by letters, post
paid, to W. A. NORTON,
ap 11- President of Delaware College.
T HE HEIRS OIFCLEMENT WOOD.-CLEM-
ENT WOOD, a native of the city of Lincoln, in Eng-
land, and only son of Margaret and Cary Wood, of the Parish
of St. Michael, in that city, emigrated to the then British
colonies in North America, about the year 1784. It is not
known to what part of the said colonies hlie emigrated, nor has
he been heard of since he left England. Should he or any of
his descendants be now residing in the United States, he or
they, by applying to WILLIAt B. WEVBB, Esq., Attorney at
Law, &c., of the city of Washington, or to Mr. PisHEsT
TnHomPsoN, of No. 5, Bank Chambers, Lothbury, London,
will hear something very much to his or their advantage.
An ancestor of the said Clement Wood was named Benoni
Wood ; this was a family name, and very likely to be con-
tinued among the descendants of the said Clement Wood.
Isaac and Margaret are also names which frequently occur in
the said family.
All letters to London must be post paid to England.
T O PHYSICIANS.-Notice is hereby given that the
Board of Directors of the Eastern Asylum for the Insane
at Williamsburg, Virginia, will appoint an Assistant Physi-
cian to this institution of the 15th day of May next. This
officer will reside in the Asylum ; if single, receiving a salary
of six hundred dollars, together with board and fuel; and if
married eight hundred dollars and fuel. Applicants should
address their testimonials to the undersigned at the Asylum.
JOHN M. GALT,
Superintendent and Physician.
WrILLIAMSBUu, March 25, 1850. mar 29-2aw6w
COUNTRY wEAT IFOR SALE.-The subscriber of-
fers for sale his dwelling house, and eighty acres of land
attached thereto, situated in Fairfax county, Virginia, half
mile from the turnpike leading from Washington to Lees-
burg, eight miles from the city of Washington, and adjoining
the plantation of Comn. Thiomas Ap Catesby Jones, of which it
formerly formed a part. The house is new, two stories in height,
with four convenient rooms on each floor, and in all respects
well adapted to the convenience of a family. It is situated in
a very pleasant grove of native forest trees, and commands a
fine prospect of the surrounding country.- The land is well
adapted to the cultivation of all the ordinary products of agri-
culture ; is well fenced and watered, and has on it some three
or four acres of wood and timber. There is a good barn and
two good wells of water on the premises, in the vicinity ot the
house ; some fifty bearing peach trees, of every variety of fruit,
and about the same number of apple trees, of five years'
growth from the seed ; and several quince, and other fruit trees.
The land is well fenced, and is in good condition for farming
purposes generally. The society in the neighborhood is ex-
cellent; and thtre is a church and school house within a mile
of the premises.
The premises will be sold for $3,O000O in cash, or $3,200 on
a credit of not more than five years, for two-thirds or leas of
* the purchase money. Any person desiring a'pleasant and
commodious country residence, within an hours' ride of Wash-
ington, will find it for his interest to examine this place.
For fourth, r particulars, inquire of N. LOOMI, Jr, Esq.
on the premises, MARK AP CAt ESBY JONES, Esq.,
Sharon, or of the subscriber, Secretary's office, Albany, N.Y.
mar ll-3mcp S.S.S. RANDALL..
OUDOU N LiAND ft the best quality tor Sale.
S The undersigned, Executors of the late CUTHBERT
POWELL, by authority derived from his will, and by the de-
sire of all the heirs, will offer at public sale, on Wednesday,
June 19th, about 12 o'clock, on the premises, Llangollen, the
late residence of said Powell. It is situated in the south-
western portion of the county of Loudoun;' and on the eastern
base of the Blue Ridge, about two and a halt miles from the
village of Upperville. It contains about 762 acres. It is lo-
cated in the most fertile and beautiful portion of the county,
and it is believed that no farm in that county has been more
successfully managed in the mixed i.nr-uis sfsaaia li
farming. The long-continued application of the best system"
of farming, under the direction of the vigilant care and ex-
cellentjudgment of its late proprietor, has brought this farm,
of naturally very good quality, to the highest state of improve-
ment. The fields are admirably arranged with regard to the
appearance of the whole farm, and the adaptation 9f each part
of it to those purposes of culture and grazing to which it is
best fitted. All the fields are supplied with fresh running
water. All are enclosed by stone-fencing ot the best sort.
The dwelling is of brick, roughcast. It is large and com-
modious, and commands an extensive view of one oh the most
beautiful landscapes in Virginia. The garden and grounds
around the dwelling are handsome and tastefully arranged. The
outhouses and farm building are of the most substantial kind,
being built of brick or stone, and in good order. The posi-
tion of this estate, in a county vrry remarkable toe its health-
fulness and beauty, its productiveness, the access to market,
which it commands by the turnpike to Alexandria, the Chesa-
peake and Ohio canal near Leesburg, and the Goose Creek
canal now in progress, together with its vicinity to schools
and churches, make this one of the most attractive and desira-
ble farms in the State. There will bb three fields in cultiva-
tion this season, one in stubble-land wheat, one in corn-land
wheat, (both sown down in clover-seed,) and the other in corn.
The other fields are all well-set in grass.
Possession of the farm, except the three fields in cultiva-
tion, will be given immediately after the sale, it the terms are
complied with ; and the possession of the three fields will be
given as soon as the crops are gathered.
Terms of sale: A credit of ten years will be given on the
whole purchase money, provided the purchaser secures the
one-third upon sufficient other real estate or otherwise, to the
satisfaction of the executors, and pays the interest upon the
whole annually. The interest to commence with the day of
sale. A failure to pay the interest will forfeit the credit.
WILLIAM H. GRAY, Executors.
ap 10-tds CHAS. L. POWELL,
SILVER and BRASS PLATING MANUFAUTORY,
Washington, D. C.
"W7 HERE are made and for sale all kinds of Saddlery,
VVCarriage, and Harness Trimmings, silver-plated, brass,
japanned, and tinned.
Also, House-door Nameplates, brass, and silver-plated with
pure silver, superior to coin, not galvanized or of composition
metal. Bell-pulls, In bs for iron railings, Mineral Water
Founts, Faucets, and Beer pumps.
Persons having brass trimmings on their doors can have
them plated with silver at small charge.
Engraving neatly lone in any style ordered.
Coachmakers' Irons plated.
Saddlers, Livei-y-stable keepers, and Haekmcn s,,pplied
with odd articles.
Apply at No. 14, Pennsylvania avenue, near 4i street, at
Mr. STEPHES Ennr's Watch and Jewelry Establishment.
N. B. Highest prices paid for all kinds old Metals. Wanted
to buy one pair Rollers' Mills for silver, also two seconl-hand
Vices. ap 3-4teodp&4twp
WATERLOO FOIR SALE.-This Farm, not having
been sold at the public sale, is now offered at pri-
vatesale. Itis the farm on which the late Josiah Tidhall re-
sided, near the village of Uppervslle, in Fanquier county, Vir-
ginia, containing about eight hundred acres of the beat quality
of land in that fine farming and grazing region, of which six
hundred and fifty acres are open land, and one hundred and
fifty acres in wood. Of the open land, two hundred and thirty
acres are in sod, two hundred of which is seventeen years old,
and thirty about eight years old ; onehundred and twenty acres
in lover sowed last spring, and the remainder in clover two
The dwelling-house is handsome and comfortable, with all
the out buildings suitable to a gentleman's residence, and a
farm of the size. Nearly all the fencing is ot stone, and every
field has running water. It is well known to be one of the
most desirable farms in the fine agricultural district in which
it is situated. It will be sold entire, or divided into two or