The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-13
tTHIRTY-FIRST CONGRESS.
FIRST SESSION.
MoNDAY, August y, 1850.
SENATE

the consideration OF Dill SIanunS inc i'Sh' Va
way and donation of public lands TO aid in the
construction OF railroad IN the State OF Alabama,
The bin was ordered to be engrossed and read a
third time
INDIAN AFFAIRS.
MIR RJ-SK moved and the Senate proceeded to
the consideration of the bill extending the provi
siuns of the seventeenth section OF the act 10 regu
late intercourse with the Indian tribes, and TO pre-
serve peace on the frontiers, (approyed June s.
1884 10 the people of Texas and other States, The
bin was debated by Messrs. RUSK, UNDER
WOOD, SEBASTIAN, ATCHiSON, and EWING;
and was then, on motion of Mr. DOUGLAS, post
poned till morrow.
CALIFORNIA.
Mr. DOUGLAS moved, and the Senate proceeded
TO the consideration of the bill for the admission OF
California as n State into the Union.
The question pending on the following
amendment submitted on Saturday by Mr.. TuR-
NEy Strike out the first section OF the bill, and IN
cert the following:
BE II enacted bp ue Senate and HouseQf Represent
atires of The United States Of 1nerica an Congress
assembled, That, as soon as California shall have
passed in convention an ordinance providing
: s.That she relinquishes all claim to tax, dispose
Of or in any way TO interfere with the primary dis
posal by the United States OF the public domain
within her limits;
THAT she will not interposc her authority and
power so as to obsruct or impede any control which
the United States may deem advisable to exercise
over such districts in the mining regions, (cither
now discovered, or to be discovered hereaiter,) as
private individuals to corporations prior TO the
cession of California TO the United States;
THAT the lands of the non residents shall never
t hg s han Ses as Be open and
free to all citizens Of the United States those oil
California included;
''That her southern limits shall be restricted to the
Missouri compromise line, (360 80 of north lati-
tude0
"And as soon as she shall have produced to the
President of the United States satisfactory and
-r1fb tIr he get r.
have been fully and exactly complied WITH the
President of the United States be and he is hereby
authorized and requested, without any further ac-
ton on the part of Congress, TO issue his proclama
ton declaring that California is, and shall there
uoon be, admitted into the Union upon equal
footing with the original States in all respects what
soever."
Mr. SOULE supported the amendment, main
tanning the four following points that the authori
ty over the eminent and useful domain was an at
tribute of sovereignty; and that It passes 10 that
power exercising sovereignty, unless retained by
express provision III the act conierrlng the sove-
reignty; that this bill, II now stood, placed the
public lands beyond the control of Congress, and
left the General Government, as regards the public
lands, at the mercy of the new State. The section
in the bill relating to future REIMBURSEMENT of all
claim to the public lands was of no effect and in
valid, for until the State Is admitted che is party
TO the compact, and may repudiate all that is con-
tanned in that part of the bill.
That in no instance has a new State been admit
ted without Congress first retaining, by express
act the public domain. He urged and repeated
the arguments which he had made on former &C
cason, hen his substitute for the part of the Com
promise bill relating 10 California was under con-
sideration that unless Congress, by act prior
10 the admission OF California, required relin-
quishment by California of the public land all title
Of the Government 10 those land. would cease, upon
the act making California n sovereign State. lie
opposed the admission of California with her pre-
sent boundaries under the present circumstances.
lie referred TO the amendment originally proposed
hv Mr. nOrGI a u
wholly inadequate to the protection OF the rights OF
the General Government IN the public lands. lie
urged the adoption of his amendment, and APP
pealed TO the advocates of the admission of Cali
fornia pause before they violently forced Caifor
MIA into the Union against the constitutional OBJ
jectons of a large section Of the country.
Mr.. DOUGLAS replied, repeating that he con
sidered IT wholly unnecessary, for the protection of
the rights of the United States 10 the public do
main, that any condition should be made in this
bill, by any other, for that purpose The public
lands in California are the property OF the United
States, and will remain 80, whether California be
made State or remain az il IL. The United States
the lands, and the title will not be in any way
afiecte by the admission of California.
Mr.. FOOTE replied to the remarks Of Mr.. souLE.
He said that he would vote for the amendment,
though he had but little hope Of its success. The
opportunity 70 divide California, and have terri
tOral government for the southern part, had
passed, and the Senator from Louisiana and others
responsible for the present difficulty. lie then
commented upon that part Of the Senators re-
marks, in which the supposed manner in which
the South would consider the admission Of Caliior
MIA was treated, and urged that the language Of
the Senator that advocating secession by the
South, resistance 10 the acts Of the General Gov
crnment.
Mr. soULE said that he was not 10 be drawn in
TO a contest against that species Of parliamentary
strategy which placed in mans mouth language
and sentiments which he had never uttered or con-
ccved. lie disclaimed the sentiments attributed
TO him by the Senator from Nis.issippi, in the
would be philippe lust delivered.
MIR. FOOTE rejoined, contending that the inter
probation he had placed on the Senator's language
was correct The Senator had spoken deliberate
ly and if his remarks were published az they were
delivered, the Interpretation placed them by
him (Mr F. would be found 20 bs correct The
Senator had said the South would not submit to
this admission Of California. What did the words,
mot submit" mean, unless it were secession, or
resistance by armed force against the acts Of the
General Government A friend had told him the
exact words used by the Senator. They 30
the effect, that II southern shareholders submitted
20 this, they deserved 10 be slaves themselves
This language Of the Senator he considered sedi-
tous
The PRESIDENT called the Senator 10 order.
Mr. FOOTE said the language was not consti-
tutional lsnguage-it was unconstitutional Ian
guagc.
lie contcndcd that the Senator from Louisiana
had not replied 10 what be had sad-had not ar
guod down any position he had taken. The Sen
Htor had confined himself 70 calling bic remarks 4
vOuid-be philippe, &c lie attempted no philip
pic, and Tor two TCasOnPs one because he had not
the capacity; the Ofher because he saw no Philip
attack After some other remarks by Mr. r., be
said that the language Of the Senator from Louis
lana vas more suited 10 era in the annals Of his
native country-morc suited 20 one Of the members
ofthe Mountain, in the days Of Danton Robcspicrre,
and Marat, than 10 Senator Of the United States.
Mr. SOULE explained the language he had used
and said that taken in the only sense and meaning
which il could bear, It was sentiment widely dif
fering from the statement made by the Senator and
his friend. From the course 81 the Senator u would
that he was DESTROYS Of provoking something
cleo than an OratOucal or argumcntatiye contest.
III this we're true the Senator should remember that
the Senate Chamber not the place proper or
suitable 10 bring IL about. II should be- done with
out the Senate. The Senator had alluded 10 h,
native country, and had said that hi. language was
more suitable 20 a Danton, a RObe,pierre, and Ma
rat. lie would say that he could never have real.
lied how those men could have been carried away
by their exravagant fanoies and wild lima ginations
had he not seen and heard the Senator from Misss.
aippi. who had just taken bis seat.
'fhe PRESIDENT said the question was on the
amendment Of the Senator from Tennessee and
the debate should be confined to the question under
consideration.
Mr. sOULE continued. The Senator had alluded
70 the supposed state Of public opinion in Dousana
and had held that he would not be sustained by his
constituents. lie thought the Senator should re
member his account TO the public sentiment in
Mississippi, without attempting 10 take care 81