Weekly national intelligencer., 1850-02-23
DEBATE IN THE SENATE.
ADMISSION OF CALIFORNIA.
N,n.n.r FKsuuAnr 20, 1850.

Order being the 70 refer the Presoents Message trans
n.ting the Constitution OF California
Mr.. CLEMENS. The motion of the Senator from Mis- !
snr fMr BENros,) and the first OF the series of resou
,ons presented long since by the Senator from Kentucky
(Mr CLAr,) in substance the shall consider
and them Identical They TO be regarded by
ne Senator from Kentucky himself though his speech at one
lin. certainly left different impression mind. lsup-
pose did understand him rightly. Be that however,
may, there entire concord OF opinion and action
himself and the Senator from Missouri concord
which by no means the significant Of the orens by
which surrounded. have read indeed chat time
coming when the lion and the lamb should lie down to-
gehe but did not expec, witness any thing approaching
that happy state in my day. All nceduiity, however,
end and prepared TO believe IN any mracle
and with grave consideration any prophecy. When
Thomas H. Benton and Henry Clay, "the great expun
ger I" and a. the great embodiment, found holding
sweet converse with each other forgetting the animoses Of
thirty years. and lovingly pulling side by side IN the same
aam there be nothing wild and fancifu as to defy
belief We live Mr. President IN strange times and strange
being eeaced around Ii is related of the cee
breed Simon de Montfo that when be surveyed the hest of
Edward the fel of Evcsham he murmred, " Now Sod
mercy souls for bodies PriEce Edwards
If my nature to despair OF good cause, should
have been oppressed with something like the feeling
when the Senator Michigan short time snce concluded
his memorable speech the constitutional power OF Congress
the Wimot proviso When even he, with his clear
convictions uy with his deep love fot the constitutions
and his great readiness make sacrifices in its defence, dared
go beyond the assertion Of general principles wholly in
the protection of the South the most sanguine
might we'll Deexcusec 10 deseonuency.
that the opinion Of of friends the course he pur
sued and hest but when that conceded It only
proves the magnitude OF the present DANGER and the fearful
nature of that destructive eemeD; with which ne s compelled
to deal tendey any thing were wanting to add TO the
alarm which such speech, under such circumstances
well calculated excite has been supplied by the Sena
from Kentucky. After all the reflection which he has been
able beso upon the subject aided by the resources OF his
long experience and his great familiarity with difficult
tions trying times he has been able suggest remedy
which does net recognise the right Of aggression on the one
side, and demand unconditional submission on the ether
He he's submitted for consideration series OF resolutions
dgIed witt The of compromise but which, Ike most
other compromises between the weak and the strong, little
better than cloak 10 hide from the public gaze hideous
wrong is not purpose to enter into any general
examination Of those resolutions Isha refer to one of ihem
and only Of that desire speak unnuenced by
prejudice against, pariaity for the author have been
all life carrying warfare against his political measures
and do not think would he altogether good taste for me
10 indulge in extravagant eulogies of whose public
did approve and whose latest act has been
deadly blow al the rights and Interests Of my constituents
For his personal character have that respect and admiration
which genius and high talents combined with great bodness
fail 10 iuspe but long ago he made his choice be-
tween the North and the South. Long ago he became the
advocate of system calculated to build up and enrich the
commercial and manufacturing interests the expense OF
agriculture. Delrded perhaps, by the phantom OF an en-
arged patriotism the Of his section OF the Union
small attract his notice. and he almost forgot that
constituted pas of the nation which claimed his
With the best Intentions if you choose he steok fer gene
oiy the feeling which prompted him disregard the
plants CT the Southern States and with strange nauaion
honestly believed himself be lasoDg for the good the
whole nation, when be only pointing out way for
part 10 enrich itself by the plumber of another. Still labor
ing under the Seiuson, still cEngng to the fatal
that true patriotism only be manifested by abandon
meni OF sectional rgh and disregard Of sectional interests
the sde and full recognition of them the other
he forward with compromise which comedies
every thing demanded By the Norh and proposes nothing
the satisfaction Of the South but the re-assar,on less
solemn form Of rights already guaranteed and admitted
The first Of the Senator'S resolutions and the to which
my remarks viii be confined. is in these words
g Resolved That California, with sai;abe boundaries
OF hs Union, without the imposition BY CsRgress of any
strcon respect the exclusion introduction of slavery
within those boundaries
The latter part Of this resolution might well have been
omitted for nothing in the present posture of affairs
California has herseimposFd restriction and the question
not upon her right do, but upon her right to
adopt constitution all. If ste has the rgh, to form
constitution and State Government her right regulate the
subject slavery for herself is unques and unqueso
able In deciding this matter authorities and pe,edents if
not Of absolute necessity yet Of high importance. and
shall make apology for their introduction. In Hnkeys
copy Of the constitution find this language
"he Union having been tfis completed its Con,tu-
ton and Government established the United saes under
the Sd section of the 4h article Of the Constitution
to themselves Congress assembled the right and the power
to admit States by declaring that States may
admitted by Congress Union; and the 4h
ton the article requires that he United States shall
guaranty State in this Union republican form of
ernmen has in practice been deemed prerequisite that
the people proposing form State be authorized
to form constitution to be submitted to Congress- enable
that body judge of its republican character before
ing to exercise that high and sovereign power of admitting
distinct community of people to the nesmabe rights prv
leges and mmunties secured by the organ zaon of State
Government and upon equal footing all what
with those States that jointly achieved the ndepend
ence of the country and which, ether with those that have
become members OF the Union that eyenu period have
borne the hardship. trials difficulties both intern and
external through which the nation has passed. and which
secured the stability, power and happiness of the country
According to this authority, law authorizing the forma-
ton OF State constitution essential prerequisite t, ad
mission into the Union No pretends that the California
constitution its existence any such law. II sprung
into being without law Of any kind unless The mandate Of
the President IL law and presents itself here not the egi
mate fTu OF Legislative action but rather the corrupt child
of military usurpa,ioa The prerequisite is wanting The
fountain is med at lis and art clear the
stream Of its impurities read again from the work
"Ihe Constitution also declares that the Congress shall
have to dispose Of and make all needu rules and
gulaons respecting the territory other property belonging
to the United States and nothing this Constitution shall
so construed as to prejudice claims Of the United States
or OF any particular State.'
Under this clause Congress exercises the power of
ing Territorial Governments which, process time hy the
increase OF population and other uses apply
oehaii OF The people, for authority form
a future period and il is for the Congress United
Sses IN the exercise Of their high powers and
under the sesnn reoponbIi imposed upon them guar
dams ct the rights and welfare Of the whole Union 20 Judge
may have become inhabitants Of such TO all the pe
culiar and nestimabie rights privileges and immunes of the
efazens OF one Of the United States Of America" ~.
No Territorial Government ever established in Cali
lorna The people who framed lbs constitution were not in
hdhtnnls, IN tie legal meaning of the word They were
conPosed OF Indians Mexicans, and Wild baud Of sdyen
turers Iom every quarter of the gob, sllor by lust Of