The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-21
THIRTY-FIRST CONGRESS.
FIRST SESSION.
WEDNESDAY, February 20, 1850,
s ENAT TIE.

SENATE.
Private petitions presented BY Messrs Sc
WARD, HALE, STURoEos, COOPER, BELL, PRATT,
DAVIS Of Mississippi, and DopGE OF Iowa
MIR. SEWARD presented the resolutions OF the
legislature of New York relative to the removal Of
distractions at Hurl-Gate, in the harbor OF New
York
CHEAP POSTAGE.
Memorials on the subject of cheap postage were
presented by Messrs DICKINSON, HALE, CHASE,
and CAss.
REPORTS FROM COMMITTEES.
Mr.. DAVIS of Mississippi, from the Committee
Military Affairs, reported bill to increase the
rank and file OF the army, and to encourage enlist
mept
Adverse reports on private claims were made by
Messrs. TuRNEy and FELcH.
On motion, the Senate proceeded 10 the consider
alton of the bill for the relief of the persons who
gave bonds that the war-steamcr United States
should not be used in the war between the govern
ments of Denmark and Central Germany; after
some observations in opposition by Mr. BELL ana
explanation Of its provisions by Mr.. KING, and
Mr.. DAVIS of Massachusetts,, the bill was read The
third time, and passed.
swARTwoUr's SURETY.
Mr.. BRADBURY, from the Committee ON the
Judiciary. reported bill authorizing the Secreta-
ry of the Treasury to compromise with 49, Quack-
enboss, a surety of Samuel Swartwout, on account
of a Judgment recovered against him as such; and
after explanations of the bill by Mcssrs. BRADBURY,
BUTLER, and BERRIES, and objections to its pas
sage by Messrs. KiSo, WHITcoMB, and TuRNEY,
the bill was read third time, and passed.
The Senate then proceeded to the consideration
of the motion to refer the message of the President,
with the accompanying copy OF the constitution OF
California, TO the Committee on Territories, with
instructions to report bill for the admission OF
California State into the Union.
Mr.. CLEMENS said that in the remarks he
should make he would treat of the motion OF the
Senator from Missouri and the resolutions. He had
heard that it had been prophesied that the lion and
the lamb would lie down together, but he had never
expected TO sec it in his time. He never expected
to see THOMAS H. BENTON and HENRY CLAy-the
one the great g Expunger," the other the great
Embodiment acting side by side any great
question of public policy, But we live in strange
times, and in the midst Of strange events, and after
seeing these two great men come together on any
thing, no one could be surprised at any event, no
matter how fanciful-
He thought that they of the South might use the
language said to be uttered by Simon dc Nonfort,
when the forces of Prince Edward appeared ON the
field of Eversham " God have mercy on our souls
for our bodies the property Of Prince Edward"
II this concord in sen timent between these SOators
not sufficient TO cause dependency to the
South, the memorable speech of the Senator from
Michigan (Mr. CAss) made up the measure. In
that speech the Senator from Michigan did not
dare 10 venture beyond the assertion OF general
principles. And, if any thing further was wanting
to depress them in the effort to maintain their
rights, the speech Of the Senator from Kentucky
The resolutions introduced by the Senator from
Kentucky, and called BY him compromise, were
not a compromise acceptable to the South, and
could not be looked upon as any thing but great
cloak to hide great public wrong He was now,
and always had been, opposed to the Senator from
Kentucky in all things relating to public pohcy Z;
therefore, il not for him to speak IN euloglsuc
terms of that Senator While he had opposed all the
public &C of the Senator, this last act-this com
promise and the accompanying speech-was, IN
his opinion, the deepest wrong ever inflicted on the
South
He had long ago looked upon the Senator as hav-
ing abandoned the South. abandoned the defence
Of the institutions existing in the section whence
that Senator The Senator had long ago
abandoned the interests OF the agricultural portion
of the people at the South, and gone over TO the
promotion the interests of the manufacturers al
the North he forgot the interests of his own people
and lent his powerful aid and influence to the adj
vancement of the opposing interest. And now
after all this he comes with his compromise resolu
TONS which concede TO the North every thing thai
is disputed and cedes to the South nothing but
what is already secured, admitted and guaranteed
The resolution Of the Senator from Kentucky, re-
latng TO California, and the instructions TO the
committee moved by the Senator from Missouri
(Mr. BEsroS,) were one and the same thing Ih'
Senator's resolution was in these words: That Gal
ifornia, with suitable boundaries, ought, upon he
application, TO be admitted one Of the States O
this Union, without the imposition by Congress Q
any restriction in respect to the exclusion or intro
duction of slavery within those boundaries.
The latter part of the resolution means nothing
and might have been omitted. The question nov
is not whether any provision should be adopted ea
Guiding slavery, but whether the people oil CahioI
MIA had the power TO form constitution at all
California had the right TO form constitution, D
admitted the right 10 exclude slavery.
He read from Hickey's Constitution, TO show tina
il had always been deemed as prerequisites TO %
admission Of a new State, that census should /
taken Of its inhabitants, under direction by Cor
gress and that Congress should first authorize
convention To adopt State government Cal
fornia had done nothing Of this kind. She was tn
- IT. tfor
adopt and sanction her proceedings; the iountai
had been poisoned, and nothing could clear u
stream from its impurity.
There had been territorial government
California The people there who had taken upC
themselves TO form State government were nc
nor did they intend TO be residents OF that countr
The population was a mixture OF Meficans ana
diaus and of bands Of Adventures from all pai
of the world tempted TO the shores OF the Paci
by the accounts OF the gold 10 be found there;
these men, who had sought temporary home,
taken upon themselves to form state goVern,.ne'
Extracts from a report made 70 the Senate IN
case Of the application Of Tennessee, setting foi
the prerequisites of a State, were read
The Constitution gave Congress the power to :
init new States but the spirit Of the CONSTITUTE
was, that they should be admitted on terms
equality. II the ratio OF representation was Io,'
inhabitants, Congress had no right to require n
States 20 have population Of 100 900 for each rep
tentative; and II the ratio for the old States
5000 Congress had no right 10 admit new Sta
20 representation with only SO, 600 inhabitants a
before California could be admitted into the Uni
she must show that within her prescribed boun
ries she has that number Of inhabitants whicf
regulate in the old States for representau
This was necessary TO preserve the spirit oil equal
Has this been done in California, No one Will 7
tend 70 say that any census has been taken there
any authority, nor that any boundaries have b
limited by any power save by the Convention.
The Senator from Kentucky seeks TO justify
change Of opinion, to let California into the Ur
without any settlement Of the other subjects
saying that California has greater claims u
Congress to overlook any seeming irregular
than had Michigan Admit this, and 1t does
prove a present right, but former wrong; M
ran had territorial government; one OF her :
ept Senators yas for eighteen years govern'
that Territory. She frequently refused
rnittance although the ordinance OF 1851
clared that when she bad sixty thousand mi
tants she should be admitted and she was not
nitted till she had double that number. There
az much difference between the two cases as
was between light and darkness California
no territorial government; no census had
taken there; and there was no evidence ina
had that population which entitled her TO a r.
sentative. She had acted under military us'
fton, and all the acts there were lawless, and
nations. In other times and under diheren
cumstances those who had committed these