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IN SE.yAI'^, londay, August 5. I
ADMISSION OF CALIFORNIA. I The Senate, as in Committee of the Whole, resinned tlw consideration of the bill for the * admission of California into the Union ; and no 1 further amendment being ottered, it was reported to the Senate with the amendment made a in Committee of the Whole, and the amend- " ncot was concurred in. The PRESIDENT stated the question upon J ordering the bill to be engrossed und read a jthird time. 1 Mr. BUTLER. 1 hope the vote will not be , taken at this time. It was not expected that we should take a vote at this time. But I will f not interpose any objection, so far us I am con cerned, but will lot tnmjjpt uikc uieir course. Mr. MASON. Is it the intention of the senator who brought that bill in that the final vote shall be taken upon it? I presume there will be no further achate, and certainly none from the opponents of the bill, so fur us I am concerned. When the act is passed, it will be for those States whose rights and interests are affected by it to determine what they will do. I will interpose no further obstacle. Amendments wiiich would be satisfactory to the Southern States have been voted down. But 1 submit to the Senate, in accordance with the suggestion of the senator from South Carolina before me, [Mr. Butler,] whether it would not be better to allow the vote to be taken tomorrow. I feel the greater interest in this, because my colleague is absent, and I know he would be glad to l>e here to vote upon the bill; and he is absent under circumstances which entitle him to some consideration. We had , expected him certaily last night, and I have no ( doubt he will bo here to-night. 1 presume that to-morrow no obstacle will be thrown in the way. Mr. DOUGLAS. With the understanding that the vote is to be taken to-morrow, I move to postpone the further consideration of this question until one o'clock to-morrow. Mr. FOOTE. I rise for the purpose of ascertaining whether it is a clear and distinct under standing that the vote is to be taken to-morrow upon this bill. Mr. YULEE. I rise for the purpose of disagreeing Mr. AIASON. If the senator will allow me. , I do not wish to bo understood as making any arrangements whatever, either for myself or anybody else. I have said only that 1 have no ( further disposition to debate thq bill. Whether , there is any disposition upon the part of any other senator to do so, I aui uninformed. I am , authorized to make no arrangement, and I make none. What I meant to say was only this: in the absence of my colleague, to submit to him that if the vote was to be taken, it should be taken to-morrow. Mr. YULEE. I desire to say that if the arrangement is understood to be confined to the question upon engrossment alone, I do not know that, for one, I should be disposed to interfere with that. What I may desire to say upon the J bill, and what further action, so far as I am con- , cerned, I propose in reference to it, may be done j afterwards as well as before. But iff am to j understand that the final vote upon the passage of the bill is to be taken to-morrow, I, for one, ( must say that 1 can enter into no such under- | standing. Mr. FOOTE. The senator from Virginia | says that ho desires to offer no further amend- j ment to the bill, and he may well say so ; for all ? must know, after what has occurred, that no j amendment to this bill, favorable to Southern . interests, is likely to be made. The test vote j has been taken noon the bill, and the result is v, unfavorable to tlie South. I rise for the purpose ^ merely of calling1 the attention of the country to f the fact that I, at least, um not responsible for this state of affairs, for the line of 35 deg 3 > inin. j could have been secured to the South, if the t spirit of conciliation?the true spirit of conciliation?had been entertained by all who represent j the South on this floor. \es, sir, if 35 deg. ( 30 min. is not the Southern boundary of California, after what T have stated in debate, after , what I know, and other senators know to have occurred, I wish it to be understood distinctly that at least I am not responsible. I feel authorized to go before iny constituents, and the South generally, and s iy that 35 deg. 30 min. could have been obtained, if Southern men had not opposed obstacles to it. After saying this, I conclude by remarking that I shnll ofl'er no amendment to the bill at all, but leave it to those 1 who are in favor of it to offer them if they ehooee, and to those who are resolved to defeat it by every legitimate means known to the rules of parliaments proceeding. The PRESIDENT. The question is on the postponement of the bill. Mr. FOOTE. So I supposed ; and I merely intended to say further that my opposition to 1 the bill was at an end here, except so lhr as voting was concerned, and to say, also, that I J shall vote now, as I always intended to vote, ( according to the instructions of my legislature; , and that I shall be compelled, therefore, how- f ever, reluctantly, to vote against the admission i of California, for which I should be glad to vote ? upon any fair and honorable adjustment of all 1 the questions growing out of the institution of j slavery. Mr. BlITLER. Mr. President, the senator n has before this stated that 35.30 would have cer- r tainly been the line involved in the so-called o Compromise bill I have never been satisfied by anything yet tated that such would have H been the fact. Of course it may or may not be j so; but as the subject is now before the Senate, I would be very glad to have that statement of ^ facts, that I for one could see they were such as n to authorize the declaration. Now, sir, with re- s! gard to shaping out what would be proper ter- s ritorial limits For California originally, 1 do not ? know that I would have gone for 35.30 or 30. 30. The subject was once before the committee ? of which I am the chairman. It was taken from '' that committee, as you well know, and referred J to a committee more favorable to the manufacture of new States. States can be formed more readily at the suggestion of some committees (| than of others. This entire subject was taken ? from the Committee on the Judiciary, and re- si forrred to the Committee on Territories. Now, tl sir, what would have been the line the Judiciary 0 Committee would have laid down?whether 35. 30, 36.30, or 34 or 38, or any other?I do not ai know. They would have been the proper limits ^ for territori u governments for California, and n the whole of the territory acquired from Mexico, tl That w ould have been the eourso in which the n Judiciary Committee would have proceeded. o The PRESIDENT. The Chair is very un- fi willing to interrupt the senator, but this iH ' wholly out of order. Mr. DOUGLAS. I withdraw the motion to le postpone, in order to allow him to go on. , The PRESIDENT. The senator from South i, Carolina will proceed. li Mr. BUTLER. I am so relucwint to take up t the time of the Senate, or to interfere witli other m persona' arrangements, that I will not take up further time ; but I should like the statements '' to be made upon which the senator from Mis- ]i sissippi has made so solemn a declaration. q Mr. FOOTE. I will give them with pleasure, a for I am very anxious that the history of this p, matter should 1m* understood distinctly by the p country. I undertake to repent what I said be- h fore, and which I will fully substantiate over C my own signature at the proper time. Although l< it w is possible, yet not certain, that some few M of the known ami ascertained friends of the ad- [ justmcnt measure might, in the event of the line w of 35 deg. 30 min. being adopted, have thrown H their votes against the bill, it was nevertheless j, ascertained, and urged in cane us and otherwise, p that if we could get the aid of four ol five o Southern senators associated with us. we might h certainly have obtained that line. With four 1 votes in uddition to those to I* given in support * of the Adjustment bjll, we should have had the |J amendment of 35 deg. 30 min., which I pro- f| posed ; for then there would have been a suffi- a, ciont number of ascertained friends of the bill p, to vote for the measure and carry it through, tc J state that upon my honor as a gentleman; and know my statement will not be disputed, and will fully prove it hereafter. 1 will state, further, that I went to Southern enutor after Southern senator, and to a very onsiderable extent approached all those whom thought in the least degree inclined to coneilitiou and adjustment, and stated my conviction f this fact, and begged of them earnestly to ome to the rescue of the country. I visited ou, Mr. President, in a formal manner, and laid liese facts before you ; and 1 am gratified to lave it in my power to say that I was met in hat spirit of pure putriotism that I expected, and hut you, with your colleague, wore prepard to iccede to the proposition. So too, with the senuor from Arkansas, I Mr. Sebastian,] the only one low here. I did not succeed to the extent of j ny wishes ; but I hoped, up to the hist moment, j >efore the occurrence which lead to the defeat j if the Adjustment hill, that there might he found it least four senators from the South who vould engage with the tried friends of the bill o incorporate this amendment into it, in order o secure its final passage as thus amended, with he line of 35 deg. 30 min. The senator from Virginia, now here, well knows that 1 proposed his thing to him, and that he declined it. The tenntor from Louisiana [Mr. SoulkJ know s,also, lint I made the statement to him ; and he dedined the arrangement proposed, I must say, villi something less than his usual complaisance if manner?certainly with courtesy, and manifesting a proper kindness for myseli?yet he did nost decidedly decline it. Mr. DOUGLAS. I rise to a point of order. Mr. FOOTE. I have done. My objeet was liercly to state facts and furnish a true history, vliich hereafter I will sustain by irrefutable evidence. The PRESIDENT. The Chair lias stated that all the discussion which has taken place is out of order. Mr. SOULE. I hope I shall be allowed a few words of personal explanation. The PRESIDENT. Certainly, for a personal explanation. Mr. SOULE. The senator from Mississippi did speak to mo about his hopes of carrying the line of 35 deg. 30 min., hut the amendment which lie had proposed in order to accomplish that object I could not accept, for a very plain and obvious reason. It left it optional with California either to accept or repudiate it. True it is, sir, that, upon finding out this difficulty, the express terms by which California was left with the choice of repudiating or accepting that line ivere stricken out of the amendment; but that could not change its bearing and import, for iL was insisted upon that her senators should be admitted on tins noor, una ner representatives on the floor of the, other House. And such being the case, with the argument I had ur^ed before the Senate, I would have been wanting in consistency had I accepted of any such proposition. California once admitted, it wns no longer in the power of any set of men to get her out of the Union. She would have been a State to all intents and purposes, and the restriction of her limits would have been left entirely ivith her. She might, indeed, have consented to t, but she might not; and I was unwilling to eave the question to the chances of her eoneurencc. But there was another reason why I ould place no reliance upon the hopes professed >y the honorable senator of the success of his intendment here. Upon a like propostion by the senator who now occupies the chair, [Mr. ?in<j,] we of the South voted in the affirmative, md yet it was defeated. Defeated by whom want to know, sir, whether honorable senators, tcting upon principles, can justify themselves 11 the eyes of the country, for voting against an tmendment to-day for which they would have oted 011 yesterday. If there was any good eason to defeat that amendment when it was iroposed by the senator from Alabama, we were lound to presume that the same reasons would >xist to defeat it when it should he proposed igaiu. Let not the country, therefore, be deuded by assertions that have no meaning. We ,ried the question ; we lost it; we were defeated. Defeated by whom? The country will not be at a loss for an answer. *7.1 r. EOOTE. I trust the Senate will beur with nie, ns this is a matter of history which I tun anxious should lie understood. The senator from Louisiana lias said?and lie clearly admitted that in the statement which 1 made I did not err in ruiy particular?that my statement was of my hopes, oil which lie did not rely. Very well; it was ('or him to judge of that. I stated to him ns n senator in my pluce, as a personal friend, ns a neighbor in the Union, ami ns one he was bound to rely on ns to any mHtter of fact, tliut it whs an iscertnined fact with ine, that if we could get "the lid of some four or five Southern senators, so as o compensate us for the possible loss of those riends of the bill from the North, who might be lriven from the support of it by the incorporation if tl.nt amendment, we could so incorporate it and >ass the bill. The senntor said then,as now?for le is perfectly consistent with himself on that joint?that he could not consent to vote for the rill with the amendment I offered included in it, or the reasons that he now states; the chief realon being that the effect would be that the rcprelentatives and senators from California would he idmiltcd on the floor of Congress; to which my eply was, as he will recollect, that that waa my irecise object. 1 wished such an amendment to he third section of the bill, which, while it would 1 iave the necessary effect of limiting the boundaies of California, as it proposed to do, would still ot have the effect of excluding the senators and epresentatives of the State from the two houses f Congress. I believed, as I suid to all whom I pproaehed, that it was quite important to us, liilst we limited the boundaries of California, as as proposed in that amendment, that we should o no needless offence to the sensibilities of the peole of California. They had important local intersts to be attended to in Congress, and I wished lost sincerely that her senators and representatives ' hould act with us in attending to them. The enator acknowledges that he refused that proportion. ' I stated the grounds upon which I made the ' tatement to him, and urged the amendment on ' im, as I did, sir, to you, and to which you aceded at once. And did not the senator from ! [cntueky say I was authorized thus to declare, nd that he would have voted for the amendment ! lso? Did he not state in his pluce the precise conilion of facts to which I have referred ? and does J ny man doubt now that there would have been a , umciently large number of the original friends of J le bill, who would hu\c aided yourself, sir, and , tliers from the South, who objected to the boun- ' sries of California, in voting in this amendment, nd afterwards in carrying the bill? This is the 1 :ate of facts, and no man can dispute it. Hereaf r at a more suitable period, under-circumstances | tore auspicious than the present, 1 will state lem in detail, over my own signature, and give antes if necessary. 1 will pile up the testimony n the subject mountuin high, if need be so as to x the responsibility in the right quarter, of bringtg Culifornia into the Union with her present oundaries, that it may he distinctly understood hat if the proper spirit of compromise had xisted in this body, the main difficulty would ave been overcome ; this question would have >een settled ; the general plan of adjstmenl would inve been adopted ; and before this time the counrv would have been quieted, and all those |>erila vhich have so long environed us been dissipated. Mr. MASON. Whether I would or would not lave voted for the admission of California as a uestion dependent upon its own merits, with the oundaries of California contradicted by the! outhern bonndury to those of 36 deg. 30 min., nd upon the terms that the constitution of Cnli>rnia should be sent back to the inhabitants to ass upon it in a new shape, is a question that I ave never yet finally solved in my own mind, lertain it is that the question never was presented > me here for my vote in that form?whether it rould be practicable to have adopted this bounday of 35 deg. 3J min. in the bill which has lately een under the action of the Senate, and from duch the feature in relation to California, as well s the feature in relation to Texas and New Mex- I :o, was stricken. Whether it would have been 1 racticable to have passed that hill with the limits I 1 f Cnliforiiia reduced to 35 deg. 30 min., I certain- i 1 ir ain uninformed. The honorable senator from j 1 iississippi [Mr. Foote] may have had reasons j 1 atisfactory to his own judgement that it would j | ave passed. The senator from Mississippi, may ' ' ave been mistaken in that, or he may have been ' j ght in that. I remember very well, as the sen-1 ' tor says, that he told me on one occasion, and [ erhaps upon more than one, that he had reason | ' > believe and hope that it would ultimately bei f jreed tp contract the boundary of California to j * 35 deg. 30 min., and that a sufficiently large vote would lie conciliated to enable him to pass tbe bill in thut form ; but it striken me that theprojiosition wsH made in the fuel instance?I think, by yourself?to contract the boundary to 35 deg. 30 min. Mr. FOOTE. With the consent of the senator from Virginia, I will simply state what 1 forgot to state when 1 was up before?that yop did not offer my amendment. Your proposition was absolute in its terms, making it necessury that the boundaries of California should be immediately restricted anterio:-to admission. The effect which we all understood would result from that would he necessarily to postpone the admission of Cali forma until u convention could liuve ueen called to sanction this change, ami would have made it necessury that tliere should be a new election of senators and representatives. That was my construction of that amendment, and it wus the construction that senators gave it. That amendment was voted down, and ufier that, upon the ground just stated, I proposed, instead of that, to otter an amendment for a conditional limitation of boundaries; that there should be simply such an amendment as I introduced attached to the third section, which would contain certain conditions to be acted upon subsequently of u negative character. The honorable senator footn Louisiana [Mr. Downs] first suggested the amendment; and as I was struck with the idea, upon his suggestion, I brought it forward, proposing to ingraft it upon the third section of the uill as an udditonu! negative condition, subsequent, so us to allow her senators and representatives to be received at once, and yet obtain, as we might conceive would be the ettect, such a limitation of her boundaries as we desired. Thus the proposition which you introduced wus wholly dilfereul from the one which I hnd the honor of proposing, and which the Senate had the honor of rejecting. Mr. MASON resumed. I have said that, according to my reeollection, the first appeurancc to reduce the boundary of California to the latitude of 350 3U', came from yourself. I voted for it, as 1 believe did all?certuinly fur the lurger portion ?of those senators of the South with whom I usually act. The senator from Mississippi [Mr. Foote] voted for it according to my recollection, I voted for it, however, with the distinct determination in my own mind that it could not become the boundary line of California with my assent, unless it should first return to the inhabitants of California to pass upon that boundary line, and accept it, or pass upon the Constitution in the amended form. Tuesday, August 6. The Senate resumed the consideration of the bill for the admission of California into the Union. Mr. TURNEY. I have an amendment, Mr. President, which I wish to offer in lieu of the whole bill, ufter the enacting clause. Mr. FOOTE. Mr. President, unless the honorable senator is very anxious toofferhis amendment now, I would like to be allowed to offer one myself. Air. YULEE. I would ask the senator from Tennessee to withhold his amendment, in order that I may offer one that 1 have in my hand, with a view to have it printed. Mr. TURNEY. I have no objection to withdrawing it for that purpose. Air. YULEE then sent his substitute to the Secretary's desk, and proposed to have the reading of it dispensed with, and to have it printed. yPhe PRESIDENT. Is it proposed by the senator from Florida to strike out all after the enact ]\Ir. YULEE. It is. The question r curl ing on printing thf amendment of the senator from Florida. Mr. DOUGLAS suid that lie had no objection to printing, but he could not, for one, consent to postpone the bill until the printing should have been accomplished. Several SENATORS. That is another question. Mr. DOUGLAS. Hence I do not see the necessity of printing the substitute. Mr. WALKER. I wish to say to the senator from Illinois, the chairman of the committee who reported this bill, that if the order is made to print this substitute, I shall vote to postpone the bill, in order that we may have an opportunity to consider the amendment after lite printing is done, lean see no use in the committee's consenting to the printing of this substitute, and then going on to consider and dispose of the bill without waiting for it. The PRES1 DENT. If it is the intention to print the amendment to the bill, the bill must be disposed of in order to give time for the printing. Mr. YULEE. My object was only to give notice of the amendment, to have it laid oh the table, and be printed. I slated, at the time when I asked the senator from Tennetaie to withhold his amendment to allow me an opportunity to oiler mine, lhat my purpose was only to bring it to the notice of the Semite, with a view to have it printed. That was my entire object. I desire that my amendment may be laid on the table and printed. Mr. ATCHISO.n . It" this bill is to be passed today, or put upon its third reading, or upon the question of engrossment, I see no necessity for printing the amendment, and I think the motion of the senator ft-om Florida is entirely irrelevant, so fur as this bill is concerned. It could not be printed to-duy, and we shall not have the benefit, therefore, of reading it in print. 1 would, therefore, prefer myself to hear the substitute read. The PRESIDENT. It is altogether informal. The custom has been heretofore to allow propositions to be laid on the table and printed, in order at them. If this is objected to, it cannot by received. The amendment of Mr. Turney was then read. Mr. TUItNEY. 1 do not intend or desire to bebute the merits of the proposed amendment, but only to say a single word. The second section proposes to extend the Missouri Compromise line :o tne Pacific. I will mention to the Senate that his amendment is a copy verbatim of an amendnent offered by the senator from Illinois, [Mr. Douglas] two years ago to the Oregon bill, which hen received the vote of a large majority of the Senate and a very considerable number of senators rom the free States. 1 have copied the very language of that amendment verbatim-, and I desire to snow whether the same spirit of conciliation and ompromise now prevails which did prevail then. [ ask the yeas and nays upon the amendment. The yeas and nays were ordered. Mr. DOUGLAS. As reference has been made o me, Mr. President, as being the author of a limilar amendment in 1848 to the Oregon bill, I iesire that it should be understood that 1 was then willing to adjust this whole slavery question upon hat line in the terms contained in the amendment. If ull the territory of the United States had renuined now in the condition in which it was then [ would not only vote for it now, but would be very glad to see it adopted. But since California ms so large a population, and has organized n State government, I cannot consent, for one, now o destroy that State government, nnd overturn all :hat she has done by establishing such a line as ;his as the Southern boundary. For this simple reason 1 shall vote against the amendment. Mr. TURNEY. I have but a word to say in reply to the senator from Illinois. The objection which he makes to the amendment proposed is, that there hus been, as he alleges, a Constitution and a State government formed in California. Now, it will be remembered that the provisions of this amendment still give them a State government, but change the line until they shall conform to these provisions of this amendment, which, ns I remarked, is the same tlmt w.is offered two years, authorizing the President of the United States, upon the people of California complying with the requisitions herein contained of agreeing in convention to that line, by proclamation to admit them as a State upon an equal footing with the original States ; so that there can be no objection founded upon the'argument of the senator trom Illinois, unless it be the attaching of such minor tnnce to a few months as to the particular time! when California shall he admitted us a Slate. The whole action of Congress will have been complete ' for the admission of California upon the passage of this amendment into a law, and the only act remaining to he accomplished will be transferred to the action of the convention of California, and the President's proclamation to admit them as a ! State. And, sir, if it is desired by any conciliation, and j to full buck upon the policy of the amendment ! passed two years ago, i can conceive no good ren-1 son in opposition to it, founded upon what has j transpired in California since that period, inasmuch as tho proposed amendment still admits California na a State, so far as the action of Congress is con-1 rerned,and leaves it to be completed upon procla- i mation of the President, so soon as the people ! ihall act with a view to their admission. It does teem to me that no good object on can be raised n consequence of what has transpired in Califorlia. If, therefore, it is desired to pass a law satsfactory to all sections; if it is desired to suptress, as far as can be done by the action of this tody, heartburnings, strife, and agitation, then, ' iir, we ought, in my judgment, to adopt this 1 intendment. If, however, the Senate intend to 1 I - I I ill? throw themselves upon the power of Humberts, looking exclusively to geographical lines, and wi(h a view of gratifying certain feelings growing ! out of those linen, they have the power and enn vote it down. Having done so, they of course will abide the consequences. Mr. BERRIEN. I ask the indulgence of the Senate a moment, in make a suggestion. I understand that the Executive message which tuts I been received relates to the Texas boundary. We I have a bill upon thnt subject, which has been made the special order for to-morrow at 11 o'clock. With the desire expressed from all quarters, I n?k the unanimous consent of the Sennte that the bill now under consideration inay be informally pussed over merely to receive and read, and order to be printed, the Executive message, when we can resume the consideration of this bill. The PRESIDENT. I presume the unanimous consent of the Senate will be given without p. st poiung tl?e bill ut all. No objection being made, the measuge and accompanying document* were read. To my renollectinn afterwards, the senator from Mississippi [Mr, Footel introduced an amendment to provide the same boundary of 35? 30', in the form spoken of by the senator from Louisiana, [Mr. Downs,1 which left it discretional with California to adopt it or not. I do not meun to say that I think he offered that amendment. It wus placed upon the table, and, according to my recollection, printed. Subsequently, the senator from Mississippi [Mr. Foote] offered the same proposition in u different form, and the proposition was then made by the seqator from I'eunesee [Mr. Turneyj as an amendment to it, providing that if adopted by Congress, before it became obligatory either upon Congress or California, it should be sent back to the people to be determined by them; and that amendment was distinctly rejected. Afterwards, according to my recollection, a vote was tuken upon the proposition of the senator from Mississippi, and it was rejected. Thnt was my recollection. Mr. FOOTE, (interposing.) Allow me to state to the honorable senator that it wus rejected after certain voting had taken place here tliut odblit to have satisfied Northern friends of the bill that it wus impossible to obtain that amount of support from Southern senators which would enable tliem to carry the bill in the event of one or two votes falling off from Northern supporters. That you know to be the case?that all understood. Mr. MASON resumed. Now, sir, all I meant to say is this, to put myself right: I have never voted, against the boundary of 35? 3d' as the boundary of California, nor hate I ever committed myself ultimately to vote for it. This question is reserved. I certainly never could have voted for if nnLua tli/> nrnviflion nf thp P./matiiifinn rnnlil go back, and ihe iiiliubilantH of California could have immediately passed upon it as well as ourselves. Mr. HAMLIN. How senators have voted upon the various propositions that have been submitted is shown uy the record; how senators will vote will be shown by the same record; how senators might vote upon certain hypothecated cases is, as it seems to me, a question of very little importance. I do not rise to mingle in that discussion at all, but to make a suggestion which, 1 hope, may meet the ear of the chairman of the committee who reported this bill. The motion which he submitted a few moments since was to Eiostpone the vote noon the engrossment of this nil til! to-morrow. That motion I understand to be withdrawn. If there are senators absent who desire to vole on this bill,-1 am the last senator who would force a vote, and thus deprive them of the opportunity of placing their vote on record. More than that, I am willing to vote in favor of postponing the question, if it be necessary. But the point I wish to suggest is this : that we take the question on the engrossment at this time, as I understand no further amendment is proposed. If there are none, 1 would suggest that we take the vote on the engrossment to-day, and on the final passage of the bill to-morrow. It will then be equally a test vote as on this question of engrossment, und if any gentleman wishes to speak he can he heard on the question of the passage of the bill. I shall certainly vote for delay, if necessary, that senators who are absent may have an opportunity of recording their votes against the passage of the bill. Mr. YtJLEE. I lmve an amendment which I wish to offer, and which will be prevented, if the vote is now taken on the engrossment of the bill. That amendment was put into the hands of a gentleman for examination, whom 1 do not see in his seat [Mr. Berrien,] and who, by accident, did not bring it to this chnmder to-day;und as I told him thai probably, from the course of business, it would not be needed to-day, it has not been sent for. I desire to make some remarks before the vote is taken on the eirgrossment on the amendment which I proposed to offer, which 1 cannot do in the absence of the amendment, and in the absence of material documents which I wish to bring to the attention of the Senate. I think it would be an extraordinary case for the Senate to act upon this bill under the circumstances, when so many senators are absent, and when none of i.* exexpected this vote would be taken to-day, and especially when there are those who, like myself, desire to be heard on the question, and when I desire to offer an amendment. I move to postpone the further consideration of this subject until tomorrow, and that we proceed to the consideration oi executive uusiiiesH. Mr. DAYTON. I trust this matter will not be postponed. There is it decided majority, I think, in favor of the disposition of this question. 1 think that, with a little patience on our part, this question could be disposed of and senators could be relieved. It is true, one or two senators who are opposed to the bill are absent ; and there is an equal number who are in favor of it also absent; and there are those who, from indisposition, are scarcely able to drag themselves to the Senate, who desire, if it is possible to leave this place for a few days; and it seems but just that we should not delay action in order to gratify one or two persons who are absent. If the absent senators were all upon one side, so that it would change the result, there might be some reason in delay; but as there are some absent on both sides or the question, the result cannot be materially changed by our action a? the present time. It seems to me important thut we should have action upon it now, since there seems to be no disposition to debate it, while every day's delay is almost certain to superinduce and give rise to additional debate. Mr. YULEE. I stated that I had an amendment which I proposed to offer, and have given the reason why it is not in my power to offer it-now. Terrible Accident on thf. Erie Railroad.? On Wednesday noon a most distressing accident occurred between Mast llope and Lackawaxnn, on the Erie railroad, to a freight train, composed of 2il cars, and filled with cattle and other stock for the New York mnrket. Between the two places is an iron bridge, measuring about sixty feet, and of only one span, with supporters, however, from each abutment. The locomotive itself passed safely over the bridge, but nothing more. The tender broke off, the bridge having already given way. With the tender fell fifteen of the cars a considerable distance into the stream below. In theso fifteen enrs, some portion of which only were on the bridge when it gave way, the others being dragged after them, were about one hundred and thirty head of cattle, four hundred sheep and one hundred hogs. What is mainly to be regretted, however, is that four of the employees of the company were instantly killed, and two others severely if not fatally wounded. One, who was still alive, had the horn of one of the cattle driven through his breast, and was, of course, suffering the most intense agony. The scene was painfull in the extreme. The mass was wedged in between the two bnnksof the chasm over which the bridge passes, the cattle being pierced \yith numerous splinters of the cars, and impaled upon the horns of each other. A few were still alive, and after fearful struggless succeeded in extricating themselves and getting out linon lh#? nil iftininrr nlrtin But those that did thus escape were apparently all more or less injured. A number of sheep also escaped in the same way. The loss of property will amount to about $10,000. The bodies of the killed were brought down to Port Jervis. The men who were in the rear cars saved themselves by jumping off. A Monster Dividend.?The Pacific Mail Steamship Company, of which Messrs. Howland nnd Aspimvall are the representatives, have declared a dividend of fifty ixr cent.,?their first dividend. The Journal of Commerce states that this company started with a capital not exceeding $1600,000. It has since purchased the steamships Unicom, Tennessee, Cherokee, and Philadelphia, for which there must have been paid nil of $1700.000. This fact, considered in connection with the dividend above mentioned, will afford some i<Jca of the profits of the business. THE SOUTHERN PRESS. ; WASHINGTON CITY. THURSDAY, AUGUST . 18 50 Toe President's Message to Congress, and the Letter of Mr. Webster to Gov. Bell, cf Terras, on the Tertian Boundary Question. These, papers merit a strict examination from 1 the people of the United States, and particularly 1 those of the Southern States. We will irive 1 i - - . ... 1 oar views of the doctrines they contain, and the argument advanced in supjmrt of them ; and in order that the minds of our readers may act on the questions involved, calmly and impartially, we forbear now to advert to the circumstances which may have affected the President in his decision. The State of Texas has claimed from the date of her declaration of independence, a* certain boundary. She set forth this boundary clearly in the constitution with which bhe was admitted into this Union. And the act of admission, so far as it affects this question, stipulated that the United States might settle the question of boundary with Mexico. But, in the interval before the United States had adjusted this question with Mexico, our government recognized and asserted in the most solemn and impressive mode known among nations, the right of Texas to the boundary she claimed against all adverse claims wiiatcver; for the government directed our army to march and to occupy the remotest verge of the territory claimed, and declared war against Mexico because one of her armies marched but a few miles wit|iin this frontier, aqd asserted by arms, her title to the occupancy of its mere western border. The war was terminated by a treaty in which Mexico relinquished her claim to the territory in dispute, and to a large region besides. There never was, therefore, a more unequivocal i . u'.An . ?uiu eili|muMi; i ui it 11 j cmiiji uuui ui i thin claiui of Texas by the United States. II" that claim was not good, or was not considered good ' by the United States, then we must stand con- 1 victed of on aggressive war, of shedding the ( b'.ood of multitudes of innocent men, of carry- 1 ing ruin imd desolation into the heart of a neigh- ^ boring people, and of sacrificing in this fell de- : sign, the lives of thousands of our own gallant ! citizens who flocked to their country's standard, * on a call to defend her rights and her honor, and ' I to avenge her blood. 1 But even if the United States wore now to ' confess that we were the, aggressors, were to ' acknowledge to the world the guilt and the dishonor of having dyed our garments in blood to t accomplish the slaughter, the plunder, and the spoliation of a weaker neighbor, we would be ! estopped from claiming that share of the spoil 1 we had won on pretence of Texian claims ; for the principle of estoppel is as sound in moral < and in international law as in common or stat- ' ute law ; and it is as true in logic as in morals. To use the claim of Texas to obtain a territory, 1 1 and then to appropriate the territory thereby ae1 quired for our own aggrandizement, is a viola- 1 tion of the letter and spirit of the compact by ( which she was united to us. Before her annex- ' ation she had Mexico only to contend with for 1 its establishment; now she is compelled to con- 1 tend with a much greater power?oar own?to 1 establish it, and this too, after she united her 1 own troops and resources with ours to secure it. 1 We suppose that compacts are still supposed to ' have some moral force. But a distinction is attempted, although it is not stated between the country on the upper and j lower Rio Grande. The Executive claims Santa t Fe; why does he not claim Point Isabel, at the , mouth of the River ? The argument of the . f Executive is that Santa Fe was in the possession ^ of Mexico prior to the war; so was Point Isabel tt.WV. tlin. T?;?, HmnHn Tl.a 1 J conquest of the one was effected as much as the ^ other by Federal power. The only difference is ^ that the people on the upper Rio Grande, have, ^ with aid or instigation of United States military j officers, attempted to set up a separate government of their own. J In this state of things?with the most solemn j signal recognition of Texian right to the torn- ^ tory. she claimed, made by the Executive and Congress, and written in tho blood of our eiti- t zens and of Mexicans along the very line; and ^ with this recognition, repeated after the war was ^ over by an order of Secretary Makcy, the pros- ^ ent and recent chief magistrates of the United ^ States, order military officers to aid the inhabi- j tants of a portion of the territory to establish a ^ rovernment of their own?a thing which could o O a not lie done without denying boundary claimed ^ by Texas and established, without a direct and , flagrant violation of the rights of Texas before acknowledged. Here then are the decisions of Congress, of 0 the administration of Mr. Polk, and of the State 8 of Texas set at naught by Presidents Taylor j, and Fillmore, who distinctly threaten to raise p the arm and the sword of Executive power in support of their own individual opinions, aided a only by a Mexican population. g, The President claims the power and asserts p the design to resist by force?the force of the \ Army, Navy and Militia of the United States? n the attempt of Texas to establish her jurisdiction n over the territory about Santa Fe. He says f, that the Constitution declares that " ho shall take iviri> flint tbi> laws be t'.iiflifilllv f?v?'iitcd"?that V treaties made by the United States are among s the supreme law s of the land?and that the ninth j. article of the treaty of Gaudaloupo Hidalgo pro- v, vides that the Mexicans who remain in the ac- ]t quired territory, "shall be incorporated into the g Union of the Unit.'d States, and be admitted at t< the proper time (to be judged of by the Congress a of the United States) to the enjoyment of nil the rights of citizens of the United States, ac- t, cording to the principles of the Constitution: and in the meantime shall be maintained and C( protected in the free enjoyment of their liberty v and property, and secured in the free exercise of cj their religion without restriction." tl So far as this article contemplates the inter- c vention of Congress, the Executive has nothing tj to do, except to see that nothing shall be done e, to prevent that intervention. The last clause sis the one which it would seem he feels pecu- tl liarly bound to maintain. Well, how would it i(1 be infringed by including the Santa Fe country tl within Texan jurisdiction ? There is nothing ai in the constitution or laws of Texas to interfere with the liberty, property, or religion of her ci inhabitants. And by being included in her jnris- C( diction they would bo admitted into the Union. aj But if the Executive thinks not, if he supposes fc l '" "" " ' mm^'^^mssamsssssBsammaaaams idmission as separate people or seftarate States, ;3 meant by the treaty tbougb it is not so said, why Congress can provide fbr their admission :-s such without any greater inconsistency with the recognition ulready tuude of Texan rights than would result from their admission now. We submit, therefore, that the argument of the President utterly fails. And yet the Executive, with no better showing than this, coolly and courteously tells Congress and the country that j he will employ the public force of the United States in support of these his opinions against the decision of a sovereign State, against the decision of Congress, and against the decision of Mr. Polk, his predecessor. The Executive relies on a few rather vague uirnnlu in t.hu (1anwtitutinn tliut ** ha* ufmll that the laws are executed," to justify him in issuming the construction or interpretation of law, in giving an extravagant and unwarrantable meaning to a treaty, in ordering out the public force of the Union to make tear on a sovereign State. The Coristitution will not permit war on a foreign State without an act of Congress. But a State of this Union, or even fifteen States, ire so insignificant and so low in our affection md respect, that a President?nay, a man not ?ven elected to that office?but to preside over the Senate and decide questions of order between motions to postpone and motions to lay on the table, he can declare war against sovereign States at pleasure, and overrule decisions of Congress ! The President shall " see the laws faithfully executed." But what is the law ? When a State decides, as nobody questions she las the right, in the first instance for herself, is t for one man to presume that his mere opinion n opposition to her is infallible, und is to be | enforced by the sword and devastation ? Do J be States of this Confederacy hold their rights )r their powers subject to the judgment or the j .vill of a single man? Has he the right to force uid they not ? Well, well, well! this is progressive. The President has communicated his views >f the state of things to Congress, but tells iw. -....a., ....a .1.. . iicin *? u?l iic w tuuuy auu. uuunu iu uu 111 ilia ^pillion. Suppose the two houses of the prejent Congress should disagree ? Suppose the House should propose one thing?the Senate mother? Suppose one branch of Congress should support the President's views, the other appose ? The President lias already decided ; 'ie will put his notions in force with the army, navy, and militia of the United States. Does the President forget the declaration of the Hon. Alexander II. Stephens, iir his letter to the National Intelligencer, that the ufirst federal %un that shall be lired against the people of Texas, without the authority of law, will be the signal for the freemen Irom the Delaware to the Rio Grande to rally to the rescue." It is now due to the country to state some ;ircuinstances that explain the real motives of the President's course. When General Taylor came into power his mind was probably not pervertod, at least 011 this question. Accordingly, Secretary Crawford reiterated the orders of Mr. Marcy, to re ognize Texan jurisdiction everywhere east of ;he Rio Grande. This was before Congress tssembled. When that body met, when the epresentatives of the States and Di.-triets issemblcd together, Mr. Seward, liko Satan, ippearcd also among them?a demagogue, in intriiruant. and nsmrant,. fTi> found in Mr Bliss, the President's Private Secretary ami ion-in-lavv, and a Northerner?a man of opilions congenial with his own. With him he net frequently late at night; through him ic communicated with President Taylor, and )btaincd his confidence and became his adviser, rhe President had already been persuaded to nodify the order of Mr. Crawford, so as to equire the officers of the army in New Mexico lot to aid Texas, but to be neutral. And a ettcr had also been written to Mr. Call, in October, to promote the views of the New tfexicans. Mr. Clay was coming to the Sente?he had written an emancipation letter to lie people of Kentucky, which augmented that lopularity he previously possessed in the North, le was not friendly to General Taylor. The attcr, therefore, was persuaded to make a higher ?id to the North. Mr. Clay came forward with . plan of Compromise that gave the North all he acquired territory, but for the present reated but one new State for the North, jencrnl Taylor's policy gave the North two iew States at once. And for that purpose it cas expedient to precipitate not only California, ?ut New Mexico into the Union. It thus beanie indispensiblc to reverse the policy before dopted towards Texas, and to wrest from her no ugh territory and population to make, with hat west of the Rio Grande and New Mexico, Free-soil State. And thus was beheld the humiliating spectacle f two Southerners, Mr. Clay and Gen. Taylor urrounded by Northern supporters, and colliding with each other in mutilating and disrnemering the South for Northern support. On the death of Gen. Taylor, Mr. Fillh ore cceded to power. He was not of the Sew aid chool of Whigs?was not so friendly to Ab >tionism or to several other modern isms. M \ Vebstek became his Premier, and w: s a so lore of an old-fashioned Whig. But on that ccount they were both liable to denunciation rom the new and powerful school. Of theraclves, we think, that neither Mr. Seward nor tr. Webster would have written or advised uch a paper as this message. But Taylor had iken the initiative?he was a Southerner?they ,'ere Northerners?how could they dare to do ss for the North and for * freedom*' than a ; loutheni President ? How could they encour-1 ?r Sf.ward &. Co. before the Northern people? aid they have yielded. And now behold the dilferenee between the refitment of Californin and Texas. A meagre aud unauthorized representation of nrtain inhabitants of California called a Conention, which claims the whole of that vast Paifie coast for one State, extending nearly a lousnnd mile^ on the sea. It is admitted that ( 'ongress has perfect jurisdiction over the ques- | on of boundary, and that such a boundary is un- ( campled. But Messrs. Taylor, Clay, Web- ( rER,CAss & Co., immediately perceive that it is ( le most proper boundary in the world, and fall ito the most poignant grief and indignation lat any Southern Senator should bo so ultra \ id factious as to defer her instant admission. ( But Texas, on the other hand, has a boundary ' aimed for fourteen years, and repeatedly re- 1 ignized by Congress and Executive. She is i ready an admitted State, by a solemn and j irmal compact. But her boundary must be Rt i once curtailed, even if millions are paid for the relinquishment, and if aim will not sell, she is to be driven out by tlie a word. Whence this difference of reasoning? The people, we ?re told, in Northern Texas, are opposed to a connection with her. Well so are the people in Southern California opposed also to a connection with the northern part The onlv solution of this ilucrwii iMi'V of | oiling iii, that California excludes slavery and Texas does not. But this question is too great to be settled by quibbling or by bluster, by a reckless majority ! vote of Cougreas, or the sword of the Executive. It goes forth from them to the reason, to the feelings of the millions whose destiny it involves. Sentiments in North Alabama 1 The last number of the Southern Timer, \ published in Cherokee county, brings us most gratifying intelligence of the unanimity which prevails in that section relative to the "course and ultimatum of the Southern Convention." I We take the following from it: I Ratification Meetings.?We notice that enthusiastic meetings have been held not only throughout Alabama, but in most of the Southern States, where the action of the Nashville Convention has been ratified and fully endorsed by the people. l:i these diggings, we need no ratilication meetings, for we believe the citizens generally regard the course and ultimatum of ! the Southern Convention, with silent, but cor' dial approval. We know no party here, upon i this vital and all-absorbing question?we are all i for the Union, but we are for the Constitution, the rights, honor, and interest of the South, at I the same time. j^gfThe correspondent of the North American must liave been exceedingly destitute of Washington rumors, gossip and hoaxes, when he got up the following. When closely scanned it amounts to nothing. Any man, and particularly any fool can be endorsed as a person represented to have high influence and character anywhere, especially if his name is not given, and if the certificate is itself certified anony-nrcusly. The Mexican cabinet, to whom it is officially announced this plan was communicated bv a gentleman incognito, of u union between the South and Mexico, must have been in great travail with the proposition, particularly when Mr. Doyle, a British Minister, was cognizant and consulted! Now, when the North American, the Baltimore Sim, and the National Era, all undertake to propogate such stuff as this, they entitle themselves to tho lirst vacancy in an expedition to re-discover the country which Gulliver once visited, but which has since been unfortunately lost to Geography: Sneaking Treason?A Southern Republic in Alliance with Mexico. The Washington correspondent "Independent," of the Philadelphia North American, makes, in that paper of yesterduy, the following revelation as to an attempted act of treason, by one of these patriotic gentlemen (as yet unknown) of the Southern Disunion school, who are striving so hard to ruin themselves and render the name of freedom ridiculous. As the North Jlmericun says, " it only needs the idea of an alliance with Mex- ' ico to complete the absuridity and iniquity of the . whole scheme of a Southern Republic. The DiBunionists are only fit to be Mexicans." The following is the correspondent's narrative: " What I am about to relate is capable of offi- : cial verification, if the proper means are taken.? I learn, upon the, most direct and undoubted authority, that a gentleman, represented to occupy 1 a position of high influence and character in the South, visited Mexico in April last, incognito, and submitted a complete plun for the organization of a Southern Confederacy, of which that city was proposed as the capital, as a means of inducing i the co-opcrution of Mexico. -This project was submitted to the Mexican Cabinet by Mr. Lacunza, the Minister of Foreign Afiairs, and was urged by him at a meeting which immediately followed, when a discussion of greut interest and ' excitement occurred. The proposition was de clined, and the emissary started for California.? ' Mr. Doyle, the Britisli Minister, was cognizant : of ull the proceedings, and was consulted through- i out. i (i T ?I ? * 41M iwntiauau tJ y |/1U|IC1 UIIU |i(UUCIHUll considerations affecting others, from exposing tiie manner and the influences by which the scheme was rejecied in the Mexican Cabinet; but if 1 brought to light, they would reflect the highest : honor on the parties concerned. The day may come when a full publication may be attended j with less danger. I have felt it due to the country that this infamous purpose should be understood, in order that the designs of reckless demafogues, who are now preaching Disunion, should , e properly appreciated, and visited with that storm of execration which such treason deserves. I have some reason to believe that the late President of the United States was apprized of this j movement, and had exercised his usual sagacity , in counteracting any unfortunate consequences." | Arrival of the Hermann.?The United ! States Mail Steamer Hermann, Captain E. Cral- , tree, arrived off the port of New York early on Tuesday morning, having left Bremen on the ; 15th, and Southampton on the 20th ult. The Hermann brings nb.out 140 passengers and a large valuable cargo, comprising 200 tons of merchandize from Bremen, and about 220 tons measurement (680 cases) of laces, silks, gloves, velvets, &c., from Havre, received at Southampton by the French steamer Nord, specially chartered to convey these goods for transhipment to the Hermann. A correspondent of the Tribune intimates that Mr. Ewbank will probably be removed from the office of Commissioner of Patents, and that Dr. Ia;b, of Georgia, the well known agriculturist, and a man with whom practice is of at least equal weight with theory, will be appointed to the vacant office. The summer in Charleston has been the hottest ever known. For thirty days the thermometer has averaged 90 deg., frequently going up to 92 and 94 degs. Yet the city remains quite healthy. The IiUelligenccr announces the death by cholera, of Orlando Brown, Esq., late Indian Commissioner, on his way home to Kentucky. Kentucky.?Lieut. Governor. John L. Heim, was inaugurated Governor of Kentucky, on the 21st ult., to fill the vacancy occasioned by the resignation of Governor Crittenden, to accept the office of Attorney General of the United States. Massachusetts Special Election.?Governor Briggs has ordered a special election to be held on Monday, the 10th inst., to fill the va ancies in the 1st, (Robert C. Winthrop's,) 2nd, (Daniel P. King's) and 4th, (John G. Palfreys) Congressional Districts of Massachusetts. Naval.?We understand great activity pre- 1 rails at Norfolk Navy Yard, both in fitting ships if war for sea, and in its own improvement? i We hearthat a few more stone cutters, who can loth cut add lay stone, would find employment here at good wages. Under the skilful manlgement of Commodore Stout, this yard preicnts an interesting appearance.