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The Omnibus Bill?Continued. the admission of califobnia. The Senate proceeded to the consideration of the order of the day, being a bill for the admission of the State of California into the Union. The PRESIDENT stated the question to be on the amendment proposed by Mr. Foote, to Ine amendment of Mr. Douglas. Mr. Foote's amendment was rend as follows, to be added at the end of the section : "And that the said State of California shall never hereafter claim as within her boundaries, iwir uttenint to exercise iurdiction over anv nor. tion of the territory at present claimed by her, except that which is embraced within the following boundaries, to wit: commencing in the Pacific ocean, three English miles from the shore, at the forty-second degree of north latitude; thence witli the southern boundary line of the Territory of Oregon, to the summit of the Sierra Nevada ; thence along the crest of that mountain to the point where it intersects the parallel of latitude of thirty-five degrees thirty minutes; thence, with said parallel of latitude to a point in the Pacific ocean, three English miles from the shore ; and thence to the beginning, including all islunds, bays, and harbors adjacent to or included within the limits hereby assigned to said State. And a ne*Y territory is hereby established, to be called Colorado, to consist of the residue of the territory embraced within the limits of the said State of California, as specified in the constitution heretofore adopted by the people of California; for the government of which territory so established, all the provisions of the act relating to the territory of Utah, except the name aiia boundaries therein specified, are hereby declared to be in force in said territory of Colorado, from and after the dav when the Torment of the State of California ahull have been expressed in some formal manner to the modification of her boundaries above described." Several Senators. "Question, question." Mr. BERRIEN. Mr. President, I am very reluctant to trespass, even for a brief moment, upon the time of the Senate, or to attempt to stay the action of the majority in relation to the , subject which is now under consideration. But I cannot feel that it is consistent with the duty which I owe to my own State, nor to the equally imperative obligation which I owe to the Union at large, not to make the brief suggestion which I propose to offer to the Senate. Phis is a proposition to restrict the boundary of the proposed State of California in the mode specified in the amendment, and to make that restriction one of the conditions upon which California is to be admitted into the Union. Now, sir, my colleague stated yesterday to the Senate the position which has been assumed by tliat State of which we are both representatives. It is not my purpose in this clumber to discuss the question of its propriety. I present merely to the consideration of the Senate, the tact that it has been assumed that the obligation imposed by the Legislature of that State upon the Executive is imperative, and that the call of a convention to consider the state and condition in which the United States will be left by the passage of this act, must be the inevitable result of its becoming a law, with the boundaries prescribed by the Constitution formed by the people of California. Sir, I do not mean to enter into a discussion of the questions which were debated here yesterday. It docs not appear to me?I submit with great respect to gentlemen who entertain different opinions, and meaning to express mine merely as the rule by which I shall regulate mv own couduct ?it does not appear to me tliat this is the proper theatre on which to discuss the question of the rights which the States of this Union may exercise in thq event of any legislation by Congress, which they shall consider inconsistent with their constitutional rights. That question will be decided by the people of each State, not by their representatives here. I have no authority, in the commission which they have entrusted to me, to enter into such a discussion 011 such a theatre. When?which I hope may never occur?when the Congress of the United States shall pass any act which the people of ? f Qtofna fKici 1Tn!/vn cilntll itAnuiiiiir tiliy UI IWU UUllL'O vi una kjQiiati vuunmvi u* violating their constitutional rights, my own view of the subject is, that the proper theatre for such discussion is within the limits of such State. I do not entertain a doubt that upon the passage of this bill in the fonn in which it is presented, the governor of the State of Georgia, ucting in obedience to the resolution of her Legislature, must convene a convention, and that the people of Georgia, assembled in convention, will then deliberate what are their rights and duties consequent upon such legislation. To the citizens of Georgia, members of that convention, it will be competent to express the opinions entertained by them, as to the obligations imposed upon thq people of that State, the rights which they may exercise, and the duties which they are required to perform. Until thnt time arrives?and I pray that it may be averted?I desire to avoid the discussion of the subject, expressing only my opinion that the people of that State, if they shall so convene, and if they shall decide that their constitutional rights have been violuted, will fulfil the duties devolved upon them by that state of facts, in such a manner as may become freemen and patriots, with a full sense of their obligations, and of the responsibility consequent upon their decision. But, sir, the consideration which I desire to present to the Senate of the United States is this : If it be believed tliat the governor of any State of this Union, acting in obedience to legislative resolutions of such State, will feel himself obliged to ussemble her people in convention, for the consideration of the grave nnd exciting question which now agitates and disturbs the Union, and which we for the last oi?ht months liave been endeav ?ring in vain to settle?if it l?c simply believed tliat such a consequence will follow, 1 ask senators to consider how much the nsscmblagc of such a body, under such circuma'ances, w i 1 ! e calculated to increase the excitement ; and calmly to determine whether this is not a sufficient reason for endeavoring to nvoid that necessity? It is unnecessary for me to ' ? ? * x _ r ? . *L .. .r _ aiHcnss uic ngiu ui secession; uuj ri"in, ui u State to withdraw from the Union. What I desire to sav is, that the people of one of those States will be assembled in convention, for the purpose of considering the grave questions presented by this and other acts of Congress, w hich they may regard as violating their constitutional rights. I ask you to consider whether the assembling of that convention will probably be contined to the people of that particular State ; whether the effect will not be to increase the excitement which now agitates and disturbs the Union; and whether, in fact, it may not lead to consequences which we shall all deplore? In this view of the matter, the question I desire to ask is, whether the enlargement or restriction of this proposed State of California be a consideration which can be weighed in the balance against even these possible consequences? You have it in your power to restrict the boundaries ol California. That is now the territory of tin United States. You are about to Admit a State as a government over a portion of it; and it ii within your constitutional competency to dccid< over what portion the government which you an about to erect shall extend. The question of power being undoubted, th remaining question is, whether the restriction o the limit* of California to 35 deg. 3U min., n n iposed by the senator from Mississippi, ("Mi Foote,) is a consideration which can weigh ii the scale with the consequences which prohabl or eTen possibly may arise from the increase o the excitement and agitation in a portion of thi Union. Sir, I nave abstained, and will still abstain fVorn the discussion of those agitating question which form the subject of debate. No man wh< has been engaged in public life during the period or even for a much shorter period than it has fallei to my lot to be, can, I presume, be without i decisive opinion upon these questions. I for bear to discuss them, because I desire to preaen this subject to the Seuatf in ? spirit of concilia I tion. I auk them to exercise an undoubte* power?one which they certainly possess?1< restrict a boundary which it cannot be iuiporUin to the interests of California to preserve, nor t< any interests in the United States?not even t< those wlio are most anxiously soliritious for tlx accession of an additional free State; I as! them to exercise that undoubted power in i matter so comparatively indifferent to Culifornii and to the United States in view of the possible consequences which may result by the disturb ance of the peace and hurmony of the Union. 1 am not among those who desire to ascertain tin .. P. ... ... . 1 . sirengtn oi this uovernmeni?lis capacity, oy i resort to physical force, to control the action oi the free people by whom it has been established but I do not hesitate to express the opinion thai whenever those who direct it shall feel that they are authorized and compelled to resort to physical force for such a purpose, the Union, which is the result of the united counsels of our fathers, will have lost its value jn the eyes of a great rortion of the American people. 1 repeat, sir, do not desire to test the physical strength of this Government I do not wish to see the exKeriment mode whether it can carry out its edicts y military force, in opposition to the determination of the people of any one or more of the States of this Union. My belief is that this is the strongest Government upon earth ; but its strength does not consist in the physical force which it can command. It has a moral strength, founded upon the titfs which unite us, u sense of common,interest, a recollection of a common glory in the past, and the assured hope of a common and glorious destiny in future. I believe that the strength of this Government consists in its studiously abstaining from all resort to physical force for the purpose of executing its mandates?in a determined forbearance to abstain even from the expression of any intention or a determination to resort to such force. I believe thut this Union will endure as long as its most urdent lovers shall desire, if that feeling shall be cherished by those who udminister the Government. If, actuated by the contrary feeling, they shall vauntingly proclaim to the people of the United States the existence of the power, and, if in their judgment the occasion shall require it, the dispo sition and determination to resort to millitary force to reduce to submission those who may question their authority, it will have lost the essential element of its strength?of its moral strength?the affection of the people of the United States. Sir, a people may be dragooned may be driven by military force into submission. By the exercise of such a power they may be rendered the fit subjects ot despotism. But it is not by such means that you can qualify men for the discharge of their duties as citizens of a free republic. It is with this feeling strongly pressing upon my mind, with an anxious desire that those consequences which, if they be not probable ure possible, may result from pressing, in its present form, the measure under consideration, may be averted, that I have felt it to be my duty to present the subject in this aspect for the consideration of the American Senate. The people, not of the South or of the North, but the people throughout the United States, will thus understand that if this measure?I mean the admission of California with her present constitution and boundaries?shall result in producing an excitement which it may be found impossible to control, the people throughout the Union will understand that the Senate of the United States have deliberately chosen to udopt that course, rather than the more conciliatory one which might iiave averted these consequences?the restriction of the boundary of that State in the manner proposed by the Senator from Mississippi, (Mr. Foote.) Mr. FOOTE. Mr. President, some remarks of the senator from Georgia, connected with the debate of yesterday, call for an explanation of my own attitude. I know he did not intend to connect me wun tno suojeci ne remaiKca upon ?the case presented by the admission of California with her present unrestricted boundaries, in l^jjch case Georgia has resolved, it seems, upon further action?because I did not remark upon that case. Some remarks which fell from me yesterday might be grossly misunderstood, and I might sutler serious injustice. 1 therefore repeat that wliat I said had no reference at all to the admission of California with unrestricted boundaries, and with her present constitution. It had no reference to a case of actual aggression. On the contrary, i said that in case aggression amounted to intolerable oppression, the necessity of revolution would instantly arise. But 1 did say, and I stand by it, that il any body of men should rise and say, without just provocation, that they will oppose the Government, and not obey its laws, out will secede from this Union, and break up the Union, with or without aggression, those men, wherever found, are traitors, and must be, dealt with as traitors. In this I nin sustained by every President, from Washington down. It must be the doctrine of every man that loves his country, and who is anxious to sustain this Union in opposition to faction. It is well known that General Washington recommended in the most earnest manner to march an army to Massachusetts once, for the purpose of putting down Shay's rebellion. He also marched an army to Pennsylvania, in order to put down an insurrection there. I do not believe we have ever had a President of the United States who would not, in case of insurrection in any part of the Union, be willing to do his duty. 1 did not intend to say a word upon the ease presented by the senntor from Georgia here to-day. 1 will say that there has been a fair opportunity of adjusting this question; and it it is not adjusted, the South is as much to blame as the North. A plan of adjustment, equitable in its character, has been presented. From the opposition of Southern men, as much as of Northern men, it has been defeated. Now the case is presented by certain gentlemen in South Carolina, that they are justified in rising in rebellion merely from a failure on our jwirt to legislate. If so, then this Government is not worth living under. I read from a certain speech yesterday, which all must recollect, which solemnly declares that if Congress shall undertake to admit California into the Union at all, South Carolina will secede from the Union, and seize upon California, upon the mouth of the Mississippi, and blockade the Western States. I say, in such a cose as that, if the President of the United Suites did not enforce the authority of the Government, he would Ire recreant to principle. That is what I said yesterday, and it is what I say to-day, nnd am prepared to maintain. I do not conceive this language, as suggested by the senator from Geor 1 gia, improper or dangerous. On the contrary, 1 j know nothing more dangerous than the advancement of the sentiments of the senator from Georgia, that it is improper, or dangerous, or censurable in any respect, to assert that this Government will maintain itself against faction. ' The contrary idea will give faction a triumph over government. It Is important on this occa, sion, as well as on the occasion in which General t Jackson had to act, that the wholesome idej f should be inculcated that this Government is om 5 of force as well as of law, and will maintain it , self against traitors. i Mr. BERRIEN. I thought I had protecte< b myself from the commentaries even of the senn b tor from Mississippi, by the express declaration when speaking of the debate of yesterday, ttia b what I said upon that subject was merely th f expression of my own individual opinion as t s what was the proper rule of my own conduct . It seems to me difficult to misunderstand a decln ri ration which, in the very act of uttering it, wa y confined to the expression of a rule of conduc f for the individual by whom it was uttered, s did not undertake to blame or censure others I did not question the propriety of the remarki i, made by the senator from Mississippi, or an; s other senator. My simple object was to explaii b the reason why I did not enter into a diseussioi 1, which seemed to have excited so much interest I and to do it by stating what I considered as thi a proper rule of my own conduct I think, an< - nave no hesitation to repeat the declaration? t expressing simply my own individual but sinceri conviction?that the most effective mode of des 1 troying the real strength of this Govurninent is j the assertion of the right and the uvowul of the t intention to reaort to military force for the parj poae of enforcing its decree*. Tliut is my own j individual opinion. It is not a rule for the con, duct of others. I offer no t Mr. FOOTE. Will the senator allow me to k Hak him a question ? There is but one point of i difference between ua. Do I understand him aa } condemning Gen. Washington for recommending . to the Government of that day the sending of a [ military force into Massachusetts for the purpose , of putting down Shay's insurrection, or allterj wards in sanctioning efforts to put down the inf surrection in Pennsylvania? Mr. BERRIEN. It I unuersiana ?nuy s 111^ surrection in Massachusetts, it wus against the r Stale government. Am I right? Mr. WINTIIROP. If the Senator from Georgia will allow me, I will state to him that it was not merely an insurection against the State government, hut that it wus an insurrection which occurred prior to the udoption of the Constitu j tion of the United States. And although, iu some leters of General Washington, I think to Governor Bowdoin, then chief magistrate of Mussachusetts, he expressed his opinion that it was extremely desirable that there were some National Government which might send its army to the uid of the civil government of Massachusette, yet, as a matter of fact, none wus sent. We put down our own rebeliou. The State authorities of Massachusetts, by their own army, suppressed the insurrection of thut day, and, if the Senator from Georgia will pardon me for adding it, it has been my hope, from tirst to last, that, if there should bo rebellion any where else, the same circumstances will be found to exist, and that each State will be able for itself to suppress any attempt to rise against the Gov-ernment, whether of the United States or of the State authorities. Mr. BERRIEN. The question which is propounded to me by the senator from Mississippi is, whether I disapprove of the expression of u desire on the part of Gen. Washington, to interfere for the purpose of suppressing insurrections? Now, the senator perceives ut once, from the explanation given by the senator from Mnssachusetts, thut there is no sort of unalogy between the ease in that State und that which is now supposed. The insurrection of Shay was against the authority of the State. The ease we are considering is that of a State acting by its eon* 1 iL- - 2 i. it.. I /I suiuuui auuionuen ngmiiM uio r wucrui uuvernnient. Again, that insurrection took place before the constitution was framed, and the regret expressed was, that there was not a National Government competent to send the necessary force to aid in repressing the insurrection.' But do not the Senate and the senutor perceive the ditl'erence I In the event of an insurrection against the constituted authorities of a State, or, as it is termed in the Constitution, u domestic violence," there is an express power in that instrument for the interference of the Federal Government, but only on the request of the Legislature or Executive of the Stutc. It was made on the duties of this Government by the Constitution, in such a case and upon such an application. But that is a totally different question from the one which is presented when the constituted authorities of a State shall unite to resist the action of this Government. For that there is no provision in the Constitution. Again, when the senator refers me to the case in Pennsylvania, he recollects very well that that was not the uction of the constituted authorities of Pennsylvania, but of an unorganized body of people, citizens of that State, not acting under its authority, but without it, and in opposition to the authority of the United States. Sir, there has been no precedent for the case which is now proposed. 1 trust in God such a case may never occur; and it is from the sincere desire which I feel to avert its occurrence that I have made these suggestions to you to-day. It is under the influence of the same feeling that I have expressed the opinion that this declaration of the possession of a power not expressly conferred by the Constitution, and un intimation of a disposition, under given circumstances, to exercise it for controlling the action of any of the States of this Union by physical or military force, is one which is calculated to produce the very consequences which we all desire to avert. Mr. FOOTE. 1 hope I have not been under sioou oy !iny one as expressing a aesire inni sucli a case as that of which 1 have spoken shall arise. I hope no one has understood nie as being anxious to bring about a collision of arms between the United States Government and the Government of one ot the States, for I certainly have never entertained such a sentiment, nor intended to exprt ss it. But I did say, that if any State in the Union, as I find so threatened in certain quarters, should utterapt to seize on the mouth of the Mississippi with a view of blockading the Northwestern States, and on the whole State of California, with or without provocation, that it would be the duty of this Government to maintain its just authority; and to say otherwise, or to remain silent when the contrary doctrine is asserted, is to weaken the power of this Government, and to give faction a triumph over it. i Mr. BERRIEN. The senator, I hope, does not state that as the case which I put. ' Mr. FOOTE. I only state my own case. I 1 did not speak of the case of the senator from , Georgia. I spoke of the case of California, and I have only to say that some gentleman will be mistaken in making California a test question, afler what has occurred here. That is my opinion. The senator from Georgia, 1 suppose, will not disagree with me in a supposition which I will put to him. Suppose the State of Delaware?the power of the larger States has such an imposing majesty as to have blinded the apprehension even of legal gentlemen?should withdraw from and resist the laws of the Union, and the people were to hold public meetings declaring her to be out of the Union, and were to establish free ports, and provide the means for a military defence of the State against the power of the Union?1 ask, if in such a case it would not be our duty to emply the language of solemn warning to our fellow citizens of that State on the subject, and to put them in mind of their constitution duties, and to assure them, in the most solemn and imposing manner, painful as the duty might be, that the Government would discharge the duty of putting down insurrections? Would not that be a ense of domestic insurrection ? And is it not the dutv of the Government not only to maintain the Constitution and the laws inviolate, but to suppress domestic insurrection also ? I will not discuss the question of State sovereignty; it has already been sufficiently discussed. It was sufficiently referred to by me yesterday; and 1 say agnin, as I said then, that whenever any body of men present themselves in lawless nrray . against the Government, and nttempt to break , up the Union to gratify their own caprice, or their own lawless and intemperate desires, such , men, wherever found, must be considered as lawless nnd unprincipled, and punished accordI ingly. So Washington would now speak from t the grave; and so would Jackson, nnd any other , patriot who has heretofore spoken to us, and added honor to the annals of the nation. Mr. ATCHISON. I differ entirely with my friend fVom Mississippi in the position which he has assumed. 1 have followed his lead for the " last six or seven months. I have voted for and '? sustained the bill for the admission of California t and the organization of Territorial governments, e &c. ; but, sir, during all that time it never entered 0 my mind for a moment to censure or denounce any Southern man for voting against that bill. ^ Sir, I felt ns if I were conceding all, as if I were H surrendering every thing except the honor of the South and tne slave States of this Union, and I was willing to make that conceaniof and surren' der for the sake of peace and tranquility once ' more That was the impression on my mind, s nnd it is upon Northern men that the responsi/ bility, (if any there is) of the defeat of this mea 1 sure should rest, nnd upon them alone. It was , nothing more than a surrender on our part, with the forms of that surrender prescribed by our1 selves. We see men willing to act on one hy, pothesis, which was suggested by one of the resolutions of the senator from Kentucky in the - early period of the session. That great truth is, e that the Mexican laws have abolished slavery ia - all the territories which we acquired from Mexico', and that they atill remain, and will remain, in force until repealed by positive enactment. Weil, if this hypothesis be true, was not this bill a complete and unconditional surrender, on the part of the slave States, of every foot ofterritory acquired by us from Mexico.' I, however, concur with my friend from M isaissippi. 1 do not believe in the trtith of thia socalled great truth in law. 1 differ with the senator from Kentucky on this subject, and I believe with Southern statesmen and lawyers, that it is a most preposterous proposition ; und hence I voted for the bill, leaving it to be decided by the Supreme Court of the United States whether this was or was not a truth in law. But, under this state of things, are those of our Southern friends who have thought proper to oppose the bill deserving of censure fiom any quarter, be it North or South? I think not, sir. Such were my feelings during the whole contest in regard to that bill. Every Northern man who opened his mouth on this question asserted this great truth of law, and the aauitionei truth that no legislation here could ever overcome the laws of nuture excluding slavery from the Territories. Well, if they believed what they said, had they not every thing in the contest which they claimed, except positive legislation in tfie shape of th<tf"\Vilmot or some other proposition ? Yes, sir, the responsibility rest upon them. It was a stretph of patriotism on the part of a Southern man, or a man representing a slave State, to rote for that bill, and I felt the responsibility which I incurred in doing it; but I was willing to meet it for the sake of peace and tranquility. Now, the senator from Georgia says that the Legislature of his State?by I know not how large a majority, but, if I recollect aright, by a vote of about two-thirds of each branch?adopted a resolution making it the duty of the Governor to call the Legislature together when Congress should pass a bill admitting California with her constitution and boundaries as she then presented herself. And the senators from that State to-day, as they did yesterday, rise and ask and implore the Senate to relieve that Governor, in the exsiting state of excitement, from calling her Legislature together at this time. But in there any thing unconstitutional in their being thus called together, as the distinguished senator from Kentucky, for whom I have the most profound respect and veneration, yesterday, and the senator from Mississippi to-day, would seem to suppose ? They, as I conceive unnecessarily, and as 1 further conceive most impoliticly, get up here and denounce a movement of this kind in the strongest language. Mr. FOOTE. I have repeatedly stated that I do not intend to refer to the action of Georgia even in the moBt remote manner. I have stated is so often that I am afraid I am wearying the patience of the Senate by repeating it. 1 intended to limit my remarks to the facts presented by me yesterday relative to occurrences within the limits of another State of the Union. Nor did I refer to the question of the admission of California, which, involving as it does mnny delicate questions, 1 preferred to leave to the State of Mississippi to act on hereafter as she mav choose. Mr. ATCHISON. Very well, sir; I will pass by that point. I believe, sir, that committees, composed as they are of men, are operated upon and governed by the same motives and the same "principles of action that individuals are.? Now, sir, it is a mere hypothesis upon which these gentlemen argue. Tney suppose that resistance will be made, either on the uction or nonaction of Congress on the subject of slavery in the Territories; but I think it is premature and impolitic to infer any where the existence of such a state of things. " Sufficient unto the day is the evil thereof." If an individual is threatened, unless he be a very recreant and coward, will it not rather induce resistance on his part than if kind words and patience were used towards him? Upon a nte-e hypothesis the military force of this Union, the bayonets of its soldiers, are to be turned against the States?against Texas, unless she surrenders her claim to the territory in dispute ?against South Cerolina, unless she submits to the Proviso. Mr. FOOTE. I have not said that. Mr. ATCHISON. I am arguing on a hypothesis. Mr FOOTE. It certainly is not my doctrine. Mr. ATCHISON. It is ull unnecessary ; just as unnecessary as it is for a senator here in his place to threaten disunion in the event of the passage of any law of Congress. These matters will do well enough outside the walls of the Senate chamber, and of the House of Representatives, and flaming editorials muy be written or stump speeches made on the subject. And if Congress shall attempt to deprive a sovereign State of the South?lor the Senator from New Hampshire informed us yesterday that there were no sovereign States at the North?of any of its rights, why, a thousand orators will mount the stump and threaten a dissolution of the Union, and even the conquest of the Union, by the smallest and least formidable State in it. But suppose they do? Suppose a sergeant drinks a toast denouncing the Union, or a major, or even a colonel in South Carolina shall d i the same thing, is it worthy of notice and attention in the Senate chamber? Why, sir, almost every paper in the Southern States, and almost every orator who mounts the stump, if this is a correct doctrine, deserves a halter and should receive it. It is ull mere gas, and I regret that some portion of this gas lias entered both ends of this Capitol. Now, there is one way to avoid forever a dissolution of this Union, and that is, to let the Federal Government and Congress exercise no power which is doubtful. Let them pay a due regard to the rights and interests of every section of this Union, whether it be the North or the South, and let them bow even to the prejudices of any section of this Union. This, sir, is the wuy in which, as 1 humbly conceive, this Union is to be saved and perpetuated. Now, if our Northern friends had but come to the rescue, if they had voted for this bill, as they could according to their Dwn theory, if they believed a word of what they said, and if they were not the veriest hypocrites that ever crawled upon the face of the earth?if they had come to the rescue and passed this bill, the whole question would have been settled. 1 doubt their sincerity, sir, whether in of out of the Senate chamber, aria itninK their votes jusuiy the language I have used, wrong and unsenatorial as perhaps it may be in itself. Mr. FOOTE. I have but a short reply to make to the senator from Missouri. 1 regret indeed that he has taken me to task on what he well calls a hypothetical case, for certainly a more hypothetical one was never stated here or elsewhere. I was not speaking of the action of a State when unconstitutional acts were perpetrated by the Government amounting to intolerable oppression; for I stated yesterday that I have ever believed that it was in such a case the duty of a State or States, or of any portion of the people, to resist it to the utmost. The senator says he thinks we should not gp outofthe way to bringinhere matters and things which occur in South Carolina, and he thinks also that the sergeant's toast and the speeches, extracts IVom which I read yesterday, are unworthy of notice by the Senate. He has forgotten that the distinguished gentleman whose speeches 1 quoted are commended to my especial esteem. Mr. ATCHISON. If my friend will permit me, 1 should have gone on to say, that I did not approve of the speeches to which he refers. I have consulted all along witli him in regard to this bill, and I know that the motives which influenced him in his course were pure, patriotic, and honest. Mr. FOOTE. I merely intended to say that the speeches made by those distinguished men in South Carolina, recommended that sovereign State to resolve on secession, whether we legislated or not, in a particular way. I read yesterday from those speeches, in which it was declared that whether we legislated for the admission of California or declined all action on the subject, the time for dissolution had come, and that a large number of persons there believed in dissunion ptr se. I did say that I disapproved of such language, and (bought it deserved reprehension. I did say, and I think now, that a large number of persons ill South Cnrulinn seem to have oarticinnled in those sentiments, and if so, it is not a hypothetical case, but one actually occurring, which we shall have to meet first with the language of warning and afterwards by other means. That is my opinion of the matter. The senator says that threats and mennces prove very little. Well, the case proves itself. The threats and menaces come from South Carolina, and what do we? WTe do not use force, but we simply say that, if her armies shall come to put down the Government and destroy the Union, which we are resolved to preserve in its original purity by all the means necessary, we will, if necessary, and as is our duty, resist them to the utmost. If they use arms lor its destruction, we will use arms also for our defence and the dt fence of our institutions. That is all I said, sir. The menaces come from other quarters, and are not uttered here. We simply say, we will not permit a few individuals in South Carolina to seize upon the mouth of the Mississippi and blockade the Northwestern States, and eei7e even on the State of California, merely because they happen to choose so to do. If it should turn out, after all, that all this language is mere gas, as the senator says, and thdt there is no such serious danger as there seems to be ; if it should turn out, after all, Uiat Mr. Rhett and Mr. Chestnut are not men of influence and standing, and are not sustained by a large number of peraona, moat gladly shall I learn it. All 1 auk is proper submission to the laws of the land, any where and every where, when constitutionally ehacied and qarried out. I did not intend to peas censurnon any body fur not voting for this bill, but merely to state how it was defeated; the tnodiu operandi ot its death we have all witnessed; and I said I thought that Northern and Southern gentlemen were equally to blame for that defeat. Southern gentlemen voted against it, and Southern voles defeated it, for Northern votes alone certainly could not. Then I say that Southern and Northern voles combined for the defeat of the bill. 1 merely wish the mutter to stand before the people as it really is, and I have not censured any gentleman. While 1 would not censure Southern men for voting according to their own vbws of propriety, I am not prepared to censure Northern men according to their views of propriety. And, so far UU 1 hutfft otmliorl niftn wit lis* f fli' the course of most of the Northern men, I must say that I have no good reason to believe that Southern men are actuated by purer motives than Northern men in this matter. Mr. ATCHISON. Mr. President? The PRESIDENT. The Chair must call the attention of senators to the amendment under consideration. The Chair finds that the debate has taken a latitude which does not comport with parliamentary law. Mr. ATCHISON. I will try and keep in order in the little I have to say, and even if 1 should get out of order, I address the Senate so rarely that I think it ought to be overlooked. [Laughter.] Now, about the only apology for ail the senator from Mississippi has said?tne only apology for his allusion to what individuals have said on the 4th of July occasions in South Carolina, or to stump addresses to the people?is in this, and I do not censure him for it. Even the worm will turn and sting when trodden on; and, sir, smull as is the senator from Mississippi in form, we all know that he is a lion in heart. [Laughter.] That, sir, is his only apology for alluding to what hus transpired, or what individuals have said of him in South Carolina or elsewhere. I ask the senator whether South Carolina or any other State in the Union, through her Legislature, the only organ through which she can speak, has ever threatened dissolution in any contingency? When a State shall have thus spoken through her constituted authorities, what she says is a legitimate subject for comment here. Now, the language used by these gentlemen in South Carolina is hyperbole itself. What did they say? Why, one, a military gentleman, no doubt, perhaps a sergeant, was for marching an army from South Carolina to take possession of California ! Was there ever any thing more hyperbolical ? Was it worthy the notice of the distinguished senator from Mississippi? And another thing they were going to do was to blockade the mouth of the Mississippi and the whole of the Northwestl Why, if you were to lift up the whole State of South Carolina and place her at the mouth of the Mississippi, the first breaking up of the ice would wash her off. [Laughter.] Could there, I ask, be any thing more hyperbolical, any thing less worthy the attention of the distinguished senator from Mississinoi. unon whose shoulders the weight of this Grovernment has rested for the last six or eight months ? [Laughter.] Sir, 1 did intend, and intend yet, before this question is concluded, to give you my humble views in relation to the merits of every point in regard to it that has been presented, or will present itself; and I trust I shall have an opportunity of doing so between this and the first of December or the 4th of March. [Laughter.] Mr. CLAY. I ask for the yeas and nays on the amendment. The yeus and nays were ordered. Mr. BADGER then addressed the Senate at much length, of whose speech a report will appear hereafter. Mr. ATCHISON. Mr. President, I wish to make an explanation. I think I was misunderstood, uiid perhaps I maybe misreported, in what I said this morning. 1 do not know that fact, though. But I know that some of my friends have misunderstood some of the few remarks that I made this morning upon this subject. I said that those Northern men believed that slavery was already excluded from the Territories acquired by the treaty of Guadalupe Hidalgo by the operation of the Mexican laws, still remaining in force?and I used strong language?" insincerity" or " hypocrisy," or both. I think I apologized for using the term immediately. I did not intend to make any application of the words of those Northern men who voted against the " omnibus" bill, as it has been called, and certainly not to those of them that voted for it. I regretted that I had used the words afterwards. I had not time to select my language. I intended it ir^no offensive sense to those Northern senators who voted against the bill?certainly not to those who are personal friends, for they are personal friends, every man I of them. I believe that every Democrat from the Northwest, with the exception of three, went l'or the bill; and for each one of them personally I have a high regard. I did not intend to use my words in an offensive sense to any portion of the Northern senators. Then, Mr. President, as to another matter. ] am told by one of the senators from South Carolina that I had inadvertently done injustice to the State of South Carolina and to Colonel Gregg, i am ready to put that matter right also. Now, the article referred to yesterday by the honorable senator from Mississippi (Mr. Foote) I never read until to-day, after I read the remark which I submitted to the Senate this morning. I find now tlint Col. Gregg, in what he says in relation to blockading the mouth of the Mississippi river, says "we," meaning the Southern States: He was supposing the Southern States to be involved in civil war, or in seccession, and meant that they, and not the State of South Carolina, could block rtde the mouth of the Mississippi. Now, to put this matter all right, I say I would have employed the same terms towards the State of New York, if she was going to blockade the mouth of the Mississippi. Why, the Suite of New York, as well as the State of South Carolina, would be washed away by the spring floods in the attempt. I meant no disrespect to the State of South Carolina. I am incapable of speaking * disrespectfully of any State in this Union. Further discussion ensued, which was published in the Press on Monday. The Senate adjourned till Monday. ?*? Falsifying IIistohy.?The Tribune in an article upon France, says: " The only insurrections [in the United States] which have resulted in a loss of life, were slave insurrections at the South?insurrections, namely, of the class utterly excluded from political franchises." The Astor Place riot by which twenty-three persons were slain, was to all intents and purposes an insurrection against the civil power, and one in which the right of suffrage had nothing whatever to do. Ilow can people who pretend to write for the instruction of the public, commit such stupid and unnecessary blunders ? As to the fling at the South conveyed in the above extract, it is as unjust and mean as characteristic. The free negroes of Philadelphia, (where Cuffee has reached his highest point of "free" developemeut,) commit more violence and more outrages against the public j>eaee every Sunday afternoon, than the slave population of the South in a year. In truth, slavery makes a pcaccnhle^pdustrious, and generally contented citizen of the negro?while freeaom simply makes hiin a loafer ami a thief. Beside, all the slave insurrections that ever took place in the South, can be directly traced to the unlawful interference of Northern Abolitionists and funaties.?,Y. Y. Day Book. Ifp all know what 36 degree* 30 minutes is: North of that line there is no dispute?South of it there is a dispute. Such was the language used in the California Convention by Mr. Gwin, j a delegate from San Francisco, and now a sena-, tor or embassador from the State of Calitor nin. Why ltus there been no dispute North of that line? Because Southerners have uniformly respected and regarded the fuith plighted by their fathers, who first adopted this line, and have considered the compromise, once established, as binding on them, although involving on their part a concession w ithout any equivalent To us, it has been a final settlement?to the North, a precedent for demanding more concessions.?St. Louis 'Ami. g-Jf" Died, at St. Matthews. S. C., July 10th, Major Lovel), aged 93. He was the oldest livng graduate of Harvard College, and was one out of two living of the original members of the Society of Cincinnati, when it numbered only two hundred and twenty-two in nil. THE SOUTHERN PRESS. WASHINGTON CITY. WEDNESDAY, AUGUST 7. 1850. fgf We insert to-day the message of the Executive, and the letter of the Secretary of State in answer to the demand of Governor Bell. These documents were sent into Congress late, and did not reach us in time even to read them before going to press. We reserve comments till to-morrow. woo ii responsible? The Southern (Ga.) Banner contains a letter from Mr. Speaker Cobb to W. H. Hull, ?sq., of Athens, in which he avows his preference for the Compromise bill over any other projioeed plan of adjustment It is a very able exposition. Among other things, he says: "I have thus far discussed this bill without reference to any amen 'ments that might be made to it, avowing my willingness to support it as it now stands. I entertain no doubt that the bill could arid would be amended in one important provision, if the support of the entire South could thereby be obtained in its favor. I allude to tire southern boundary of California. The southern boundary could be restricted to the latitude of 35 deg. 30 min.?a natural boundary?by the co-operation of the present friends of the measureand the Southern members. Such a change would probably lose the bill u portion of its Northern support; but the united \oteof the South would more than compensate for such loss, and would, in my opinion, secure its success in this amended form. But I regret to Hay that such proposed amendment fails to conciliate the Southern opposition to the bill." It seems from the facts exhibited before the Senate yesterday, and the declarations that we heard from the lips of Northern Democrats, that a sufficient number of them would have voted for the compromise line of 35 deg. 30 min. (acting with the Southern members) if they could have counted upon it as a part of a general system of compromise; that they would have risked themselves by voting for that amendment, in order to carry the bill and give peace to their country; but since they have seen the Compromise bill broken up by some of the Southern votes, they felt themselves no longer under such obligation or inducement. ? National Intelligence. Mr. Speaker Cobb, like the editor of the National Intelligence., took his seat in the Omnibus rather late, and rather unluckily. It was when they were at length sure the bill would pass, and behold it did'nt. We did not desire to engage in a controversy with Southern men after the defeat of the bill, because we thought we might all unite on several of the questions to be settled. And if the Southern supporters of the Omnibus liad contented themselves with defending or excusing their course on that measure, we should in that respect have been for non-intervention. But when Senator Foote, the editor of the Union, and Mr. Speaker Cobb, after supporting the Omnibus on its own merits?after saying it was all the South could get, after contending that the South must take what she could get, now turn round and coolly tell us that the South could have gotten more, and that those alone, who contended steadfastly for more, are the cause of her failing to get it?the manoeuvre is rather too transparent. Suppose the Southern Ultras had joined ?Messrs. Foote, Cobb, and the editor of the Union, in going for the Omnibus which surrendered all California to the North, is there any man so stupid as to believe that the North would have come forward and offered more than was demanded?offered the South the right of going into Lower California ? And yet the attempt is now uctually made to establish the absurdity that the men who contended for 36.30 are responsible for the loss of 35.30, and that the men who uvowed themselves day and night, ready to give that up by going for the Omnibus as it was, are the patriots who would have secured 35.30 if the Southern Ultras would have let them! Senator Foote may speak from now till next year, the Union may scribble as long, and Mr. Speaker Cobb may write letters all over creation, and they eannot make any man of common sense believe one word of it. We should hardly have thought it worth while to notice such an extrordinary experiment on public intelligence, but party organs and politicians have acquired, or fancy they have ac quired, sucn a control over opinion, liiat we thought it important to present this as an evidence of what they will attempt?if not of what they accomplish. North Carolina. The election for Governor and members of the Legislature of the State of North Carolina, took place on Thursday of last week. The election of Governor turned, we believe, rather upon questions of State policy, than upon the distinctive merits of the parties in the General Government. From the returns which have reached us, we are led to the belief that Governor Manly, the present very worthy Governor of Lhe State, and the Whig candidate for reelection, has been defeated by his Democratic opponent, Mr. Reid. Of the election for members of the State Legislature, we have not sufficient information to enable us to pronounce any opinion upon the result.?Nat. Intelligencer. We rather think that the Whig Convention adopted a resolution in favor of the late Omnibus bill?while the Democratic went for 36. 30. We are not aware that any change had occurred in the other issues of the two parties in that State. But the Whig Convention proposed to surrender to the North, and the Whig voters refused to ratify the capitulation. Correction.?The insulting strictures on the Revolutionary History of South Carolina, upon which we commented the other day, were incer* rectly credited to the Albany Argus instead of the Atlas, to which they belonged. We regret this unintentional injustice more than our cotemporary can, and cheerfully put the saddle on the right horse. We learn from St Louis that the Whigs have obtained a majority at the election of members of the Legislature and of Congress. The Hon. Orlando Brown, late Commissioner of Indian affairs, died of Cholera on his way to Kentucky. There has been much dissatisfaction expressed in England, regarding the medical treatment of the late Sir Robert Peel; many believing that had his attendants?Sir Benjamin Brodie and: Mr. Hodgson?been more active in their mea-j sures, his life would have been saved. The; London Istncet, however, defends their treatment, based as it was on a long, and intimate knowledge of the physical organization and nervous temperament of the patient. It seems that Sir Robert was peculiarly sensitive to pain, and any attempt to apply even ordinary bandages, would have hastened his death. er-The lines inserted in another column are from the pen and heart of a Southern Lady? and what the daughters of the South demand as a boon, her sons will enforee as a right?else would they be less than men, and more timid than women. Thf. Sfikit ok the Times.?In the Macon Telegraph of the 30th uK., we find the proceedings of public meetings in favor of 36.30, which had been held in Houston, Camden, and Chatham counties, and calls for similar meetings in Bibb, (a m-tss meeting,) Monroe, Upson, Jones, Twiggs, and Dooly counties. Reception of Gen. Paez.?The public reception of Gen. Paez at New York, took place on TH?. - '< - - . 4? v/uumiiiee oi me Coimoon Council, and several Military Companies left the city at half past two o'elork, in the steamboath South America, for Staten Island, where they marched in procession to the Clifton House. Upon their arrival, Gen. P. was presented by Aid. Hawos to the Mayor, who welcomed him in a few rem irks, to whieh Gen. Puez replied in Spanish. He was subsequently addressed by Gen. Morris, after which the whole party returned to the city with their guest, who was escorted to the City Hall and offered the hospitalities of the city, and the use of the Gov. ernor's room. General Changarnier is said to be the most powerful man in France, at the present moment, and his importance is increasing to An extent which makes ^him the object of considerable jealousy in high quarters. Victor Hugo has applied to the National Assembly for leave ot absence, on the ground of indisposition. He lias an affection of the throat, caused by the fatigue of the Tribune. The Louisville Journal concludes from accounts received from every part of the country, that more wheat will be produced this year than on any previous year in the history of this country. A monument is about to be erected to the memory of the poet Motherwell, in the Necro polis, Glasgow, where his remains are interred. jSislers of Mercy?Taking the Veil.?On Friday of last week, at St. Catherine's convent, Rt. Rev. Bishop Hughes, of New York, gave the black veil to Miss Frances Walsh, daughter of Robert Walsh, Esq., the American consul at Paris. Earthquakes in Georgia.?We learn from the Dalttm Times that a slight earthquake was felt at that place on the night of the 20th inst Its duration was felt about one minute. " The British empire, sir," exclaimed a John Bull to Jonathan, " is one on which the sun never sets." " And one," replied Jonathan, " on which the tax gatherer never goes to bed." Dr. Buckland, the Dean of Westminster?the eloquent and learned writer of the remarkable " Bridge water Treatise"?is bereft of reason, and is now an inmate of an asylum near Oxford. Green, the reformed gambler, is about to attempt the suppression of gambling in New York city, by means of an association of which he is to be executive agent. He is tp employ a kind of secret police or spy system, to note the visiters, register their names, and chronicle their losses. On the 4th ult., John, son of Dr. Walker, of Washington, (Texas,) aged about eighteen years, was engaged in hiving a swarm of bees. He was in a small tree, sawing off a limb, when he was struck dead by lightning. Yellow Rain.?A rain which fell in April last, at Swansea, England, was observed to leave spots like ochre, which was found, upon examination with a microscope, to consist of the pollen grains of some species of willow. During the past ten years there have been forty-nine steamboat di&isters on the Northern lakes, comprising seventeen explosions by steam, eleven fires, and thirty-one collisions.? By the whole eight hundred and eighty-seven persons lost their lives. On the fashionable mode of ladies wearing watches in their bosom : Among our fashionable belles, No wonder now that time should linger; Allowed to place his rude two hands Where no one else dare place a finger. Mr. Clay's Compromise.?If Air. Clay's Compromise was a base surrender of Southern rights, why did Giddings. Hale, Seward and all the Free Soilers and Abolitionists so resolutely refuse to receive that surrender.?Richmond Republican. Because base as it was, it was not base enough for them.?Dcm. Recorder, Fredericksburg, Va The Mississippi River.?The New Orleans papers publish an essay on the physics of the Mississippi river, by Professor Easbey,the object of which is to show, by the result of observations extending through a series of years, that the channel of the Mississippi river is deepening, and, consequently, the levee system will not necessarily elevate the bed of the river, as has been feared. On the contrary, he thinks confining the river within a narrow channel will give it additional velocity, and serve to scrape out the bottom ; while opening artificial outlets, by diminishing the current, will cause the rapid deposition of sediment, and thus produce evil to be guarded against Count Mirasol, says n correspondent of the New Orleans Picayune, leaves Havana on the 22d, by the Isabel, for Washington. The Isabel, however, has arrived at Charleston, and did not bring the Count. The same eorrespondent states that the Count and his commission have settled the details of a plan for the defence of Cuba. It involves an increased expenditure of $82,400,000, which is to be raised by loan, and this is to be p.iid by increasing the Cuba taxes 50 per cent. The army is to be increased to 30,000 men, (we thought it was already 50,000,) and the militia to 25,000. The naval force is to be increased to 25 steamers and 13 sail vessels. A central railroad is to be constructed with twelve lateral branches to the different parts, and along the lines the telegraph is to run. Along the coast main telegraphs are to be constructed. At the six naval stations besides Havana, navy yards and docks are to be constructed. Havana is to be walled, and eight forts to be constructed around the harbor. All the naval stations are to be heavily fortified. Whether all this is authentic, is a question.?N. Y. Day Bnnk. Thf. Chicago axd Galksa Rail Road is now completed to Elgin, forty-two and a half miles from Chicago, and has been in operation but a few months. The receipt of this short piece of road, extending mostly through a sour-grass prairie, is at Hie rate of $115,0(0 per anunm, and is clearing a profit of nearly i 0 per cent, on its cost of $105,382, or About $9,600 per mile. This soad is upon the sent of the Black Hawk War, and has been settled by the whites, princit pally since that time.