The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-14
THIRTY-FIRsT CONGRESS.
TUESDAY, August 10, 1850.
SENATE
FIRST SESSION

Petitions were presented by Messrs SEWARD
EwISG, and DICKINSON
ISvALID PENSIONS.
MIR GREENE moved and the Senate proceeded
10 the consideration of the bill 10 authorize the pay
ment of invalid pensions in certain cases. After
an explanation of the bill, Mr.. GREENE moved an
amendment, naming specifically the persons en-
titled to the benefits of the act; and II was then or
dered to be engrossed for third reading.
COMMODORE wARBINGToS.
Mr.. BADGER moved and the bill for the relief
of Commodore Lewis Warrington and others was
postponed til Friday next, 70 be considered.
THE PUBLIC LANDS.
Mr. WALKER moved, and the Senate proceeded
to the consideration of the bill ceding the public
lands 10 the States in which they lie respectively,
to be by them granted to actual settlers without
cost, except that of transfer, recording, &c
Mr.. WALKER then read an address upon the
every man to freehold. The bill was then post
poned till Monday next.
CALIFORNIA,
Mr.. DOUGLAS moved, and the Senate took up
the special order, being the bill 10 admit California
into the Union as State
The question reading the bill third
time
Mr.. DAVIS, of Mississippi addressed the Sc
nate. He asked why was the Impotence to pass
this bilE Ii was not for the purpose of giving go
vernment to the people of California The records
of Congress show that those who were SO
clamorous to admit California, defeated every eff
fort to give government TO California at former
sessions But as soon as the constitution of Cafor-
MIA containing the Wilmot proviso, which they had
IN vain endeavored TO pass In Congress, was adopt
cd they desire TO bring her into the Union against
all precedent, and without proper dchberation.
The South had demonstrated, but the remonstrance
di5regarded And why did they desire TO
bring her in! 1t was known that the new State
would be free-trade people, and those engaged in
manufactures and commerce could have no int
rest in introducing California into the Union 1t
then a deliberate aggression upon the mnori-
ty: And this aggression the mode by which
they showed their devotion TO the Union. The
South had been excluded from all participation in
the territories belonging to them in common with
the North, and their appeals and circumstances
have been answered by invective and the cry of
disunionists. This was constitutional Union,
and by preserving the Constitution unimpared in
all its spirit, the union to be preserved. The
South had ever observed the Constitution, and thus
had been the hrmest friends of the Union.
The right 10 resist an unconstitutional act was
undoubted; and If resistance to unconstitutional
act, an act having no foundation authority upon
the Constitution, but resting solely and exclusively
upon the will of a dominant majority, sedition
and treason, then he entertained both sentiments.
They now called upon, for the first time, to
destroy the balance existing between the two sec
tons Of the country IN both branches of Congress.
In the temper OF the majority upon this measure,
the probable temper of that majority towards the
minority when that minority shall be decided to
be minority forever was forcshadowed. He had
been instructed by his State Legislature to resist
this bill. The Legislature of his State had appro
priated large sum to be used by the Governor in
resistance TO the Wimot provlso; and in this bill
he saw nothing differing from that proviso. Whe-
ther slavery excluded by Congress, or by
band of unauthorized adventurous, having pos
sible authority, made no difference; ag-
gressive as the other. and If there any differ
ence, II would be in favor of the congressional
actment.
He appealed to the North to pause in their ac-
ton. The South were loyal to the Constitution,
and he warned the majority against treading too
Tar upon the patience OF people already alarmed.
He referred 10 their common ancestry, and the de-
voton OF the South, IN times past, in defence of the
North against wrong. He appealed to them
Senators, countrymen, and brethren, to pause in
this great act, and listen to the solemn warning of
the consequences.
Mr.. CLEMENS said that he desired to state
again the objections which should govern him in
voting against this bill. He knew the bill would
pass, and would conhne himself to a mere state
meut of the points OF his objections. He objected
To the passage of this bill, because census had
ever been taken OF the people, and there no
evidence before the Senate that at the time that
constitution adopted there sufficient
number Of inhabitants, in the meaning of the Con-
stitution in the Territory TO entite her rep
resentative, much less two. Because no territorial
government had been established over the country
/ by Congress. Because no law had been passed by
Congress authorizing the people there to call
yenuon and frame State constitutions; and, above
all, he opposed this bill because the constitution OF
!
the constitution of the people of that country but
Is the offspring of executive and military dictation
Tie had on former occasion stated these objec
tons, and they had never been answered. The
only argument he had heard against them was,
the necessity Of the people of California to have
government. Who was responsible for the fact
that California had received no government Was
II the South! Certainly not. The Senator from
New York took the honor Of defeating every eSort
70 give government 70 California. Now the same
persons who defeated all efforts to give California a
goyernmentclamor for her admission, notwithstand-
ing all the constitutional objections. The acts OF
California are admitted u be wrong, and will these
two wrongs make right
And now, because of the wrongs committed by
the North upon California, the whole consequence
Is 10 be visited upon the South. Like the incden
told in the Senate few days ago, the South is
brought to the edge of the precipice, and is about
TO be thrown down backwards, not for her own
wrongs, but for the wrongs committed by those
who now advocate the admission of California.
lie referred TO some remarks made yesterday by
Mr.. Cas-, and replied to them, reading, as n part
Of his reply, an extract from a speech made by
that Senator two years ago on the Three Million
bill.
lie was not prepared to say what Alabama would
do if this act should be passed. lie the servant
Of his State and il not hi. place 10 direct her
what TO do. But whatever she commanded him TO
DO he would do willingly. II Alabama should re.
sist this act, and commanded him 10 resist, he
would resist 1t by any and every means which she
should command him 20 employ. II THE were
main ono for some time 10 come. lie acknowledged
no allegiance TO the General Government hi CHER
than that he owed 70 his State. He would OBJ
his allegiance 60 his State and that strictly.
lie then contended that individuals, acting under
the direction and command Of their State author
ity, properly expressed, were not amcnabe To the
! other States as traitors. And when the General
Government undertook to treat States as individ-
\ uals was intiHpted in the late message Of the
President Of the United States IL would find that il
had not 10 deal With one State, but with fourteen
There were several kinds Of treason besides that
| Of open resistance 70 authority. He impugned no
mans motives who did not attack hs. But there
were those who would scll their souls 10 Satan 10
have finger in President making, and in the con
struction Of Cabinets and the consequent distribu-
ton Of Offices; there thOse who would cell the
Saviour Of the world, If be we're on earth and who
would be satisfied with half the price which Judas
received.
Mr.. HOUSTON followed in justification Of his
conduct az a representative 81 Texas, and a rep
resentative Of southern state, ia voting for the
bill adjusting the Texas boundary, and for voting
for this bill. He in the Of his remarks re-.
fcrred TO the Southern convention a surrepitious
assemblage at Nashville, and denied the right and
authority OF those present at that convention 10
speak for the South 10 dictate terms % Congress
He advocated national feeling, preferable 10 a
sectional one, declaring that by such feeling was
he actuatcd, and he urged that such should be the
/ governing principle OF all.
| Mr.. BARNWkLL replied to that part Of the re-
/ marks Of MIR HOUETOs in relation Id the Nashville