Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-26
ADMISSION OF CALIFORNIA.
IN SENATE. WEDNESDAY, FEB. 90.

he made the following illusions 10 MI CASS anu
| Mr.. CLAY:
We i've Mr. President, in strange times and strange
being enacted around us 1t related OF the
celebrated Simon de Montfor that when he surveyed
the host of Edward the field OF Evesham, ne muir
INJURED CHOW God, have mercy on our souls, Tor our
bodies are Prince Edwards" fit was in my nature to
despair of good cause, should have been oppressed
with something like the same feeling when the senator
| from Michigan short time since concluded his memo
rabe speech on the constitutional power OF Congress
to enact the Wmot provso. When even he, with his
clear convictions of duty with his deep love for the
stituon and his great readiness to make sacrifices in
its Defence dared not go beyond the assertion OF gene
raj principles wholly inadequate to the protection OF the
| South the most sanguine might well be excused Tor
yielding to dependency. know that IN the opinion OF
some OF our friends the course he pursued was wsest
and best but when that is conceded only proves the
magnitude of the present danger, and the fearful
ure of that destructive element with which he is COM
PEELED to deal so tendery. 1t any thing wanting
| to add to the alarm which such Speech under such
circumstances, well calculated to excite, it has
been supplied by the Senator from Kentucky. After all
the reflection which he has been able to bestow upon
the subject aided by the OF his long experience
and his great familiarity with difficult questions IN trying
times, he has been able to suggest no remedy which
does not recognize the right OF aggression on the one
side, and demand unconditional submission on the
| other.
| After Mr. Clemens had concluded
Mr.. CAss. Mr.. President, desire to say few
words in consequence of some remarks which have fa-
len from the honorable Senator from Alabama, (Mr.
Clemens) l want to speak OF myself 1t is rather dis
agreeable topic for any but ii is which is forced
upon me by what has been said here and elsewhere
am not going to vndcate the correctness OF my OPT
Mons at all, leave that to time and truth: only in
tend to vindcae my consistency. That l undertake
to dohat will do to the satisfaction OF every candid
man. lido not understand exactly the alluson OF the
| honorable Senator rom Alabama.
MIR. CLEMENS, (nterposlng) have not SAID anything
| about the Senator's consistency.
| Mr. CAss. had not intended to intimate that the
honorable Senator did so. In these remarks did not
refer to him was upon the point, however OF doing
so in relation to another topic. alluded not to what
has Just been said here but to what had been said else
where was about to say, however, when this inter-
position took place, that did not clearly understand
what the Senator meant when he said that in my speech
to which he referred, dealt only in general principles,
certainly ntimating it not saying, that avoided
close connexion with the subject and with its conse
quenees
The honorable Senator is in an error total error as
to my lhad two objects i'll view in that speech,
distinctly announced at the commencement and distinct
y carried out through the whole OF it. One to show
that the Wilmo provso was unconstitutional: and the
other that if constitutional, it nexpedient All the
principles, general partcu lar that dealt in had re-
ference to these two conclusions as logically and e
ultimately as could apply them whether successfully
or not it does not be come me to determine dealt in
general principles, ndeedand who does not in the dis
cussion OF such great and vital quesonbut brought
my aid such other considerations and llustra tons
| | thoughtwoud tortify the position had taken; GER
tanly not deferred from ayowing my conclusions the
| process by which they were reached.
1t twas ntimated by the senator from Mississippi, Mr..
|
the other wing OF the Capitol that had not been con-
sisten in my course The feelings OF respect and kind
ness which entertain for that senator are am sure,
guaranty to him that do not aludeto this subject in
any spirit of complaint. My course if worthy OF notice,
is open to public examination, and trust will bear it.
The charge is, sir, that in my Nicholson letter. laid
down principles from which departed in my late speech
upon the Wilmot Proviso. The allusion, as l under
stand it, smore particularly to the proposition that the
people of the Territories, well OF the States, have
right TO manage their own internal concerns in their
fl, shoe faIr h.
guated by them well any other relation of life. In
that letter, sir, which seems to have become historical
far beyond its Importance laid down four principles
which then deemed to be correct, and whose truth
| time and experience have but the strongly con-
| frmed Till change my conviction, shall neither
seek to conceal nor dsavow them. If any has mis-
understood me before, conceive the fault was his
lfany misunderstood me hereafter, the fault shall be
| mine. | believe the Wimot Proyso to be unconstitu-
tional But before proceed to full consideration of
this branch Of the subject Ibeg leave trouble the Sc
nate with brief review OF my position, and OF the cir
cunlstances connected with it, have desired an oppOr
tunity OF doing so for me this has been made
matter OF reproach as indeed, what is not in times
| When the Wilmot Proviso was first proposed have
never concealed or denied that, had been pushed to
vote, should have voted for it. There it no need for
any senator to to and retail conversations in rail-
road to prove this. had never examined the
stutional power of Congress; and when the subject
proposed it did not excite that opposition from the
South which we have since Witnessed nor lead reecI-
ing to doubt whether such provision could be
forced without danger to the Union. Southern men,
believe, had previously voted for similar measure, and
it had not become grave sectional question, involving
the most fearful consequences At subsequent session,
convinced OF its bearing spoke and voted against it;
still however, without touching the constitutional point
Afterwards, circumstances required me to examine the
subject more narrowly The public mind in the South
became highly excited and the indications full of
danger and difficulty. felt them do now that the
Union the great object OF every American, and that
there are few sacrifices which ought not to be made to
preserve it. was prepared to go as lar as any man
ought to 90 TO attain that object In examining the
constitution with reference to the whole matter
narrowly than had done before startled by
the conviction that authority was granted in that in
strument to Congress to legsate over the Territories,
and that consequently, there power to pass the
Wlmot Provso. Not satisfied with my own impress
sions and being unwilling to take such ground with
out proper consideration, determined Immediately to
converse with some poison FULLY conversant with the
history of the legislation and the judicial decisions
| the subject In looking about for that purpose, it i'm
mediaely occurred to me that eminent Judge of the
Supreme Court Judge Mclean, OF Ohio, from his po-
son and associations as we'll as from his residence IN
the West, could give better information upon this
subject than any other person. Anticipating that some
discussion might arise that would render this ex-
PLANTATION proper applied to that gentleman some
DAYS SINCE and requested his permission thus publicly
10 refer to him, should deem it necessary This he
| cheerfully granted, and now make use OF his name
with his own consent. | Immediately repaired to
| him, and stated my doubts, well as the Cir
cumsances which gave rise to Them need not repeat
the conversation here 1t senough 10 say that he con-
trmed my impressions, ana informed me tHa IN an ar
tice published in the National lnteligencer day or
two previously and which had not seen, should find
his views fully set forth That article has since been
repubshed in other papers, and has attracted good
deal of attention, it deserved, for is powerfully
written. speak, sir, solely OF the views which 1t pre-
sens of the power OF Congress to egsate for the Ter
ritories The question OF slavery which discusses
do not refer to- After reading this article doubts
rpened into convictions, and took the ground to which
| shall always adhere, that the Wmot Provso is
constitutional. And you have now, sir, the history
ofmy course upon this subject.
As have said, laid down four principles OPT
mons if you please in my Nicholson letter The first,
that the Wilmot Proviso unconstitutional second,
that slavery having been abolished by the Mexican 60
vernmen did exist in the territory then held by
on account Of natural and geographical obstacles
| account OF the feelings OF the people who were and
might be there and fourth, that organized commune