The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-23
THIRTY-FIRST CONGRESS.
nIosDAy, April p, 1850
SENATE.
FIRST SESSION.
SLAVERY.

cannot 90 10 that State 10 recover their property
without imminent danger to their lives; that the
Constitution secures TO them the right to have
those slaves returned TO them; and that il being
the duty of Congress 10 execute that portion of the
Constitution they pray that Congress will com
pensat Re them for the loss sustained by them in con-
sequence of the failure Of the government TO exc
cute the Cons titution.
Also, the usual series Of printed Abolition petit
tions.
MIR. SEWARD presented a series of the same
class Of petitions.
Private petitions were presented by Messrs, Sc
WARD, CLAY, WALKER, WmTcoMB, and DAYTON
REPoRTs FROM COMMITTEES.
MIR. RUSK, from the Committee on the Post Of
fee and Post Roads, reported bill for the relief OF
Mr. CLEMENS, from the Committee on Private
Land Claims, reported back House bill for the relief
of Joseph Richards.
Mr.. UNDERWOOD, from the Committee
Claims reported back House bill for the relief of
John Plunkett with adverse report
MIR. NORRIS, from the Committee on Claims,
reported back House bill for the relief of George
Collier and VIM. G. Peters.
INSTRUCTIONS 70 COMPROMISE coMMITTEE-cALI-
FoRNIA.
MIR. BENTON moved to take up the following
submitted by him on Friday last.
"That the said committee be instructed to report
separ ately upon each different subject referred TO
it, and that the said committee tack two bills of
different natures together, Join in the same bill
any two more subjects which are in their nature
foreign, incoherent, homogeneous to each other.'
Mr.. CLAY said that he must object to taking up
this subject under present circumstances. com
mittee OF six of the members Of the Senate were abb
sent-absent by order of the Senate a most mel
ancholy duty. 1t supposed on Friday and the
cominittee left the city under the impression, that
none of the questions upon which they might feel
an interest would be taken up for action in their
absence. independently of any expectation on the
part Of the committee, he submitted whether the
motion proper in their absence. majority,
in which that committee were n part, had decided
over and over again that this committee should not
be instructed Was 1t proper, In their absence, for
the minority to instruct the committee, when the
Senate had positively refused to do SO?
Mr.. BENTON said that on Friday, when every
body here, it was said that this subject ought
not TO be taken up; and now, when the committee
is absent, it Is not proper to be taken up. He
would say, however, that he did not wish the sub
ject TO be taken up for the purpose of having
a vote upon it he desired to have it taken up
for the purpose Of enabling him To make good
what he said Friday he could do that is,
to show that IT was violative of parliamentary
law to tack the admission of California with any
other measure.
MIR. CLAY said that when there was union of
two measures, he thought that would be time
enough To discuss the propriety of the measure.
But as the Senator did not desire to press a vote
but merely wished the subject taken up peg to
hang speech upon, he would withdraw his objec-
ton.
The motion was then taken up.
Mr.. BENTON said that, in his motion, he used
the word ''tack," and he then explained it TO be
term well known 10 those who had studied para-
mcntary law. IL was term used by all the writers
on parliamentary law. He desired to show that tack
ing was forbidden by parliamentary law He would,
also, show that this proposed union of California
with other measures was one of the most outrage
Gus cases OF lacking known TO the history of British
or American parliamentary law. He then read
from several volumes before him, by several au-
thors, extracts from parliamentary law and deci-
sions, and from commentaries thereon all going to
show that the joining in one bill of two or more,
separate, distinct and incongruous subjects, were
forbidden as dangerous TO the kingdom and 10 fair
Legislation. He declared that such lacking or
such union of the California bill with any other
measures, was a course highly dangerous to the
nation, and highly injurious TO California.
He alluded TO his course a few days since in in
terposing amendments in the shape Of instructions
10 this committee. He defended his right to do So
and thought that it was his duty to offer such in
structions to the committee would conne its ac-
ton TO such forms and rules of legislation as would
be sustained and sanctioned by parliamentary law
That course had been commented upon by Senator
from Arkansas (Mr. BoRLANp) as follows:
at is a sort of expedient for consuming the time
Of the Senate and delaying ts legitimate business
"A sort Of Legislative trifiing which can neither APP
prove nor hesitate 10 condemn"
With the Senator from Arkansas who made this
remark, he had not for some time had any personal
relations, and The was understood To say) he
thought that in that case he expected that no re-
marks commenting upon his personal motives and
actions would have been made by that Senator.
The Senator said that he did not approve of that
course, and II met with the Senator'S condemna-
ton. This assumed a superiority-an approval re-
CURED that the party approving should be in a
perior position. He recognised and admitted no
official superiority ia this instance The Senator
condemned the course pursued on that occasion
This assumed that the Senator had the right 10 con-
denim. He recognised no such right in the Senator.
II that Senator were his judge he would before be-
ing tried by him, insist ON a change Of venue. He
would b. tried by him.
His course had been dictated by a sense Of duty
To state, which was suffering from n delay, which
had no foundation in justice, and TO prevent her
from that degradation which parliamentary law
forbade.
He alluded TO the delay which the reference OF
her admission 10 this compromise committee had
produced and the consequent injury TO California.
He declared that bill 10 which the admission OF
California should be tackled should pass the Senate
until be had exhausted all the parliamentary means
in his power 10 defeat any such union and fragrant
injustice TO California and TO fair Legislation. Caor-
MIA had been delayed already for eight weeks; two
additional weeks ofdea have READY been provided
Tor and then at the end OF those two weeks the
would only begin. contest was then 20 take place
here, similar one in the other House; il disagree
ment occurs, then conferences between the Houses,
and then perhaps the President may object 10
the bill, and send IL back. In the mean time
California y delayed, and her interests injured.
And for what cause Because certain parties
afraid that, unless this takes place the coun-
Try u in danger. He had before spoken Of a
certain southern convention, and had spoken Of il
a. procession which bad come upon the stage,
lived through a brief existence, and was now a
thing Of nothing. For this California was 10 be op-
preesed; Tor this she 10 undergo these delays,
most disastrous TO young State. But he hoped
that no such union Of measures, degrading u
California, would take place, but that parliament
airy laws and regulations would be observed
When this subject came up again. he would have
occasion 10 resume the subject, and till then he al
journed his speech.
Mr.. BORLAND said, that ON the occasion when
he had made the remarks alluded 10 by the Sena
tor from Missouri, he was speaking, as he Away,
desired ~ do, Of the business Immediately before
the Senate, and not in the way Of reflection upon
persons. He rarely alluded to any one in person.
al manner, and he sure that he could never q
far forget himself and the Senate az 10 take up ia
time by administering to II a nauseatng dose o.
egotism.
The Senator had quoted his remark that the cours,
pursued was one Of legislative trifiing he did mo-
think that a hfr construction Of that remark war
ranted the conclusion Of the Senator that Il was in
tended personal reflection upon the Senator
II was a commentary upon the proceedings Of IN,
Senate and be wOsd repeat, that he considered
the opposition manifested that day was in IN.
mode in which IL was carried out, sort Of egisla
tive trifiing.
III. WIZ pRESIDFNT ..id I, 49,. -. =. - 4, i