The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-03-01
THiRTY-SECOND CONGRESS.
SATURDAY, February IS, 1852.
SENATE.
FIRST SESSION.

-
gress the publication OF compendium of the scve
raj ccnsuses OF the United States.
EXTENSION OF PATIENTS.
Petitions for and against the extension Of Wood.
wor,li's patent for a planning machine; and petit
tions against the further extension Of Parkers pa
presented. by Mcssrs. FISH, SgwAEp, BRopHEAp,
JAMES, and DoUoL>s.
SALARY OF THE UNITED STATES JUDGE IN ALABAMA.
MIR. CLEMENS submitted resolution directing
al inquiry by the Judiciary Committee as TO the
cxpedicncy Of increasing the salary of the judge Of
the district court Of the United States for the dis
trict Of Alabama; which was adopted.
THE COMPROMISE MEASURES,
The Senate then resumed the consideration of
the unfinished business Of yesterday, being the
resolution declaring the Compromise acts a settle
n,ent Of the slavery questions, &c
Mr.. CLEMENS resumed the remark ks commenced
10y hum yesterday. lie said that one OF the papers
published in this city stated this morning tina, the
Senate had been disgraccd yesterday. After the
means taken by the Senator from South Carolina in
announcing his intended attack. and from the
nature of that attack itself, he did think there
was any one Unreasonable enough TO suppose that
all the war would be on one side.
Had the Senator from South Carolina confined
himself to review OF his public acts, his public
positions and speeches. he would not have used the
iangua ge to that Senator that he had yesterday
bot when the Senator went beyond this, and in an
effort to make out something from his private af
fairs, sought, in low and scurrilous newspaper
published in Alabama, an Infamous charge, and
attempted to give dignity 10 it by reading il TO the
senate, he felt warranted in repelling it in the
manner it deserved. There was nothing elsc said
by tie Senator ngainst him but what had been ad
vanced over and over again. and as often answered
and refuted by him in Alabama. II was not be-
senator had charged him with political
inconsistency; not because he had charged him
with having abandoned the doctrine Of State
rights that he had replied to him In the manner
he did, but because he introduced that base SIAN
der here which already has been reiuted in Ala
bama, he used language towards the Senator which
he never intended to recall.
He proposed now to refute the charge OF incon-
sistency, and 10 repel the attack of the Senator
upon his public course. He referred to quotations
from his speeches made by Mr.. r., to prove that
he (Mr. CO. had at one time held that States were
sovereign he had never said that the States were
sovereign beyond the limits prescribed by the Con
sti,ution. They we're sovereign, except 30 tar as
their sovereignty was clrcumscribed by the Con-
stitution Of the United States When the Constiiu-
ton did not take away their sovereignty, they were
sovereign, and in the same degree that the Consti-
tuition Of the United States took away the
reigny Of the State, in the degree that State
ceased to be sovereign. In the speech Of December
last, commented upon by the Senator, he enume
rated half-dozen points upon which the Constitu-
tion took from the States the attributes Of sove
reignty; among these, the Senator seized upon what
he considered the weakest one-that no State had
the power TO punish treason committed against
itself He had not said that the State could
not call murder treason-or riot, or forcibe
rcscuc, treason; BIT would that constitute the
offence of tr,ason' Treason was an offence
against, aid could only be committed against,
the highest sovereign power OF the State. The
power to punish treason was taken away from
the States by the Constitution itself An old
mode OF punishing treason vas by attain
der. The Constitution says that the States shall
pass bills of attainder. The Constitution Of the
United States says that the Constitution and laws
OF the United States shall be the supreme law Of
the land. any thing in the Constitution or laws Of
the States TO the contrary Notwithstanding. Sup
pose Congress were to pass revenue law which
the State Of South Carolina would determine TO re-
sIst, the United States officers in Charleston
would call upon the citizens Of that city-citzens
of South Carolna-to aid in the execution OF that
Law, which, by the Constitution, is declared the
supreme law Of The land-would they com
init treason by obeying III Could South Carolina
punish them Tor treason for doing so' That State
mil ht hang man who would obey that supreme
law; but who could say his offence was trcasoni
IL was true, as stated by the Senator that he had
stated be was with Alabama-thst he would stand !
by her; he said now. He would stand by Ala
baIna, right or wrong; not, however, under the
miserable plea o.. a right Of pesceable secession,
but IN the right Of seeession by revolution-a right
To be accomplished and maintained by lorce, and
force alone.
While he bad been engaged in efforts TO quiet
agitation and allsy excitement the Senator from
South Carolina had been pursuing a contrary
course, and had been doing all he could 10 keep
alive agitation, and create IL where none existed.
lie had introduced, early in the first session Of
the last Coogress, n resolution OF inquiry as 10
what had been done in California but who other
than the Senator from South Carolina would ever
think Of deducing a nan's sentiments from re-O- /
lotion Of inquiry The resolution implied that |
there was a doubt existing as 10 the matters in. |
quired Of and information desired. IL con- |
yeyed nothing more.
lie considered the South ss responsible for what |
had occurred in California. The South could have
forced the adoption In the House OF the amendment
Of Mr.. Wakes If they had chosen. They coXld
Iaye
that amendment by the House, or the defeat Of the
appropriation bills The they could have accom-
piished by resortng 10 the calls for The yeas and
nays, and other parliamentsry proceedings. IN
thi. way government would have been given 90
California. They refused 10 do this, aud California
wac left without government, and her people
made for themselves.
lie bad always ssid that the admission Of Cali
fornia was wrong. lie said 90 nov; and bad said
80 in tho very speech upon witch the Senator had
much commented. Bot did the Senator expect
him 10 90 back TO Alabams and counsel her 10 se
cedc because Of that acR Tennessee, Kentucky.
Virginia, North Carolina, Missouri, aud Maryland
all mad contributed voice for It, Was be 10 preach
secessiOn from Tennessee, kentucky, and Yir-
ginia-for those States bad participate IN the rob
Dcryy Was he 10 advocate the osisbiisbment Of a
southern cOnfedoracy in which thesc statos were
not 10 be included
lie denied ever having sam that the admission Of
California was unconstitutional. But suppose he
had said 80. he 70 forever stand by hs opinion,
and act IL up against the judgment of 90 many
southern men 10 had voted differently washis
opinion great that because others did not agree
~ he TO lead the people u Alabama 70 civil
war; Wac he TO suppose bis judgment inisilible,
and that all others who differed from him, and who
had done much for their country 20 he had, were
flse 10 the COnstitUtiong
lie denied that he had ever counselled a dissOiu
ton Of the Union. lie read from the speech Ol
February II. 1850, 10 show that that day he bad
declared the charge Of being a disunioDia az
sgainst him gross sbsurdi,y; and that on other
he had distinctly dissvoUed any such sen
timenis. In that same speech he had declared that
he did not believe there was any man at the South
who desired dissolution Of the Union IIs then
did not believe that there on the broad sayss
ma. Of the South single traitor. His opinion was
now changed; and u tie Senator from South Caro-
lima would rect the charge Of inoonsistency upon
that point he would plead guilty at once. On the
ooh Of February, 1850, in speech in the senate,
he had declared he entertained no purpose Of die
solving the Union, and had referred 20 the many
reasons Why be sho9d desire its perpetuity. PROM
these emphatic declarations, contained in all his
speeches. what right had any man to suppose he
Iayered then, or ct any time, dissolution u the
Inion' lie did not believe that there sas any
southern man then Who thought Of disunion bot