Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-03-01

"WEDNESDAY, Feb. 20, 1850.

SENATE
The Senate debated bill from the Committee on
the Judiciary for the relief of NJ. N. Quackenboss,
one of the sureties of Samuel Swartwout Quacken-
boss proposes to compromise with the government by
the navment of SOS OOO which is all which he or his
friends can raise he being insolvent, on condition of
being relieved from the obligation of his bond for
Svrartwout, which is to the amount of $15O,OOO.-l
The debate was participated in by Messrs Bradbury
Rerr;en. Butler, Dickinson, Hale, Whitecomb, and
others No action was taken.
Upon motion, the Senate took up and passed the
bill for the relief of the bondsmen of the German
Central Government in the matter of the steamship
United States"
The Senate resumed the consideration of the PEN
ding motion to refer the Presidents message, trans
hitting the constitution of California to the Commit
tee on Territories, with instructions.
Mr.. Clemens having the floor, addressed the Sem
ate against the motion. He said that now, indeed,
he began to fear for the South and for the Union,
when Henry Clay and Thomas H. Benton, the sworn
enemies of thirty years standing were found side by
side in the advocacy of course of policy; for he
considered Mr. Bentons motion for the comrittal to
the Committee on Territories, equivalent to the
first resolution of Mr. Clay's series. He considered
and insult the South He also considered it omi-
feature, when gentleman of the great talents
and patriotism of Gen. Cass, did not venture, in his
great speech upon the Proviso to go beyond the an
nunciation of general principles wholly inadequate
to the protection of the South.
Mr. Clemens then reviewed the circumstances
connected with the formation of the constitution of
acknowledgements them with the constitutional
usage in such cases. and contended that she could
not be admitted under present circumstances, and
with her present boundaries without manifest i'm
propriety and outrage
Mr.. Clemens said the South wanted no compro-
mise The constitution itself was sufficient compro-
mise It should either be adhered to or abandoned,
and he prepared for either alternative. The
South was not for disunion if the North chose to
have So the South could not be held responsible
MIR. Clay had pictured disunion in terrible colors
and Mr.. Cass had followed a short time after in
speech carefully prepared with equally ugubrous
picture.
Mr.. Cass. There was no preparation on the SUBJ
ject The remarks never occurred to me until the
moment they were delivered
Mr. Clemens continued He said he was not to be
frightened by such predictions. He could not see
why should follow separation; but if it should
those alone should be responsible for its effects who
were instrumental in producing it, not those who
merely acted in defence of their own rights.
Gen. Cass said he wanted to say few words in
consequence of some remarks which had fallen from
Mr.. Clemens. He wanted to speak of himself. Rath-
disagreeable topic, but one forced upon him by
what had been said in Congress and elsewhere. He
wished to defend his consistency in regard to the
doctrine of the Proviso. In his Speech he had had
two objects in view-one to demonstrate the
stitutonaity and the other the inexpedency of the
Wilmot Proviso. He was willing to admit that had
the Wilmot Proviso been pushed to vote, upon its
first introduction he would have voted for it, There
was no necessity any senator listen ana
tail conversations in railroad prove that He
had then never examined the constitutional power
of Congress Indeed the question had attracted but
little attention, and some Southern men even had
voted for it. Subsequently, the question attracted
attention, and produced excitement. He was led tc
examine the constitution upon the subject, and be-
came convinced that that instrument contained ne
grant of power to Congress to legisae the Ter
ritories. He had also consulted Judge Mclean, o.
the Supreme Court, and his opinion conceded with
his own.
In his Nicholson letter, he had advanced four opin
ions principles. LIST, that the Wilmot Proviso il
unconstitutional 3D. that slavery does not exist ir
the territories and 3d. is not likely, from climate
soil, &c., to 20 there and 4th and lastly that the
question of its going not going is for the PEG
pie themselves, and not for Congress. He believed
in the rights of man to selfgovernment, whether il
a State or Territory If there any ambiguity II
his Nicholson letter. if that portion of that letter
asserting the right of the people of the Territories
act for themselves in this matter, had been miscon
strued, it was not his fault. That letter had beer
written with the privity of several Southern gentle
men, who were here now, and he would ask them
they had not understood him. Here Mr.. Davis ant
Mr.. Butler signifed their assent He had received
a letter from the Democratic members of the Legis
lature of Tennessee, which he should treasure as
proud testimonial to the correctness of his views
the consistency with which he had maintained them
In that letter he is told as follows:
Your late speech in the Senate of the United States
the Wlmot Proviso is most triumphant vndcaton of tn
position heretofore assumed by you that Congress has
power under the constitution to egislae upon medd
with the subject of slavery, either in the States Terrific
res and complete defence of the rights of the savehod
ing States and of the people Of all States and Territories
form and regulate their social and municipal nstu
itions."
Gen. Cass said that Mr.. Clemens and other gentle
men from the South were mistaken in supposing tina
the anti-slavery agitation at the North proceeded
from any calculation of political power or materia
interest. It was the offspring of peculiar featur
of the age 1t attacked the rights of property at tn
South but so it did at the North. From its nroads
nothing was sacred. The position of Southern mel
and Northern men upon this question was different
, Gentlemen from the South represented an excite,