The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-14

tary history OF the country what had been said of
another Senator at home among his constituents
Many things were said OF "A man at home by per-
sons from various motives and IL was unfortunate
That II should be repealed in the Senate. H. how
ever there was necessity for 50 doing, the person
who iet called upon 10 do should be cautious in
hfst getting at the truth Of what he was going to
repeat On the 2lst of March last, he had written
public letter to his constituents, in which he had
repned TO similar charge. In that letter he had
used these words.
"It Is not true that few months ago was op-
posed TO the admission of California but is true
that have been in favor of such admission from
the night that Congress adjourned, March Sd,
1872 without giving to California "a territorial
government, sending officers there at the same
time TO collect revenue from the people, and
10 transport them TO Oregon and Louisiana for
the trial of alleged offences. ! was for the
State government from that night, and gave my
opinion to Mr.. Clayton, Secretary of State TO that
effect, at the time, at his lodgings ON Capitol Hill,
before he removed TO the west end of the avenue,
ana win view to encourage him in promoting
the establishment OF such government in Califor-
ma: All my talk, public and private, in Missouri
ana out OF 1t, when ] spoke to that point, to
that effect; and when heard that the people of
California were proceeding to the formation OF such
a government put il into public printed speech,
that the Wilmot proyiso was dead and rotten.'
One person had been referred 10 at that time as
authority for such statement, but that person
never came forward 10 sustain it,
Mr.. b. then entered into an argument to sustain
the consttutionaty of the admission OF California
Mr. CLAY said that he had only alluded to the
matter to show that, il the fact were So quite
Important change had taken place in the Sena-
tors opinion the Senator had imputed to him.
lie had stated that he did not know the Sena-
TOR mad SAID that the admission OF California was
unconstitutional, but simply that he had been so
informed, The Senator's own denial was sufficient
Tor him He wanted nothing more than this,
The letter written by the Senator to his constitu
March. He (Mr. CO. held in his hand letter
dated in May, after that letter of the Senator had
been written. II had, with other papers, Just been
given TO him II was dated at Independence, Mis-
souri, addressed to ainember OF the House, and was
| signed by Mr. - Reed Mr. G. then read the
letter The writer said, that when Col benton
was IN that State, they had frequent conversations
| on the subject OF California and governments for
the Territories that in those conversations Col b.
lnspeang OF the scheme of the President to establish
State government in California, said that to form
State government for the purpose ofavoiding the
| Wnol proyiso, was a cowardfy policy; that Cali
| fornia not fit to be admitted as a State; that
such was in violation of all precedent, &C.. that he
was in favor OF establishing territorial governments
without the Wilmot provso, &c.
! This letter, said Mr. c., was read simply as a
| justification for having made the statement, and he
was perfectly satisfied, from the Senator's denial,
that there must be mistake about the matter. The
Senator's denial was sufficient for him.
| Mr.. BENTON told the Senator he had better have
| the letter entered on the Journal.
Mr. CLAY said that he did not desire any thing
of the kind.
|
get off in that way. No man should get off from
him in that way. The Senator had charged the
minority with having delayed the public bust
ness; In reply to that charge he had read to
| the Senator his own speech, for the purpose OF
showing that in February last he stood upon
the same ground which that minority now oc-
cupied and for maintaining which they were de-
nouneed; also to show that the very delay which
was now charged ON the minority had been pre-
dicted by the Senator as the inevitable result OF
that course which the Senator was now pursuing q.
That speech the Senator had not denied he could
not deny It,. lie then turned round and charged
| him (Mr. b. with a distinct matter, having no
connexion with the matter in question, and now,
after repeating the charge, put 1t to him deny it.
lie could not get of in that way The Senator had
placed the matter in the Senate to be recorded in
the parliamentary history Of the Senate. He had
by reading that letter made il charge of his own
and as such was legally and morally responsible
Tor It, The author does not come forwards he
would therefore proceed against the publisher The
Senator was the publisher of that letter lie had
arraigned him upon a charge before the Senate;
where did he get the right to arraign Senator?
lie had presented this letter and arragned him be-
fore the body; he might well have prepared an
| indictment at once.
lie denied the right of the Senator to arraign him
there on amy such charge. He would say, as he
had before, that If any man desired to arraign
| him, let II be done elsewhere than in the Senate
and where the charge could be properly and suit
ably met. This matter of arragn Senator be.
fore the American Senate was not proper. Let il
|
| had written when this charge was made before; he
then held the publisher responsible. No man who
| made such charge against him could get off by
standing behind another. He would hold the pub
Usher responsible when the author was not forth
| coming. On that occasion he had written, and lie
repeated il now: 81 have nothing 10 do with his in
mountaineering TO say TO the letter he read or to
us writer lie Is the publisher, and that makes
him the author, both legally and morally He is
the endorser, and that makes him the same as the
principal. He IL the gratuitous publisher and the
gratuitous endorscr, with gratuitous cpithes," &c
As in that case he had charged the publisher as
the author OF the letter. he did now. He charged
the Senator from Kentucky with being the pub
Usher, and therefore, he made himself the author
oil that letter. He considered the Senator the
author OF the letter. and, considering il as his let
ter, he stamped it an infamous calumny !;
crics OF "Order, order;l and with that brand upon
| it, deep as If made with burning iron he desired
II TO go into the parliamentary history Of the Sen
The VICE PRESIDENT repeatedly called the
| Senator TO order.
MIR. BENTON said that IL appeared that no per.
| son was out of order but him. Every person was
allowed TO get up and make charges against him,
and he was to be called to order for defending him
self
Mr.. CLAY said that he repealed with scorn and
| indignation the charge of calumny If intended for
! him; he threw il back upon the Senator, and babe
him place il in his casket Of other calumnies.
Mr. BENTON. Oh, you may throw IL back;
| but you got il upon you first
| Mr. WEBSTER said that he regretted that the
| two Senators should have permitted themselves 10
he led into such a scene as this He thought the
Chair should always interfere and keep the debate
confined TO the matter before the Senate. He did
not approve of this of bringing into the Sen
ate charges OF having changed opinions and read
| ing them in the Senate; they had nothing 10 do
with the business before the Senate. He regretted
that the two distinguished Senators who had long
occupied seats in this body should have been the
parties TO such proceeding.
! The VICE PRESIDENT said that a greater part
OF the debate bad taken place during his temporary
absence from the Senate, and he did not know
] much Of what had been said.
Mr.. HALE said that he would like 10 know how
old Senator must be TO be entitled TO protection
| from having letters containing charges against
him read in the Senate. A few days ago a letter
had been read OF such character, and Senators,
iusteud Of calling the Senator who reading IL
to order, sat very complaccnty and said, clear
him, |" ego on" ego on" He thought the Senate
should establish rule regulating the age at which
| Senators should be exempt from this thing.
! Mr. UNDERWOOD moved that the Senate adj
journ. And the question being taken, was decided
| in the affirmative, as follows;
! YEAS.--Mcssrs. Baldwin, Bell, Benton Bcrricn,
4