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The southern press. [volume] (Washington [D.C.]) 1850-1852, August 22, 1850, Image 2

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?Mii ir-r: r??? . - kw ??w *"' *w-.,.\
wAftlWi'/Ttjfll jv j|oj?' of tfie proceedings ol j4
this meeting be signed by the Chairmen and
SeeWttrtes, airtf batideif w tfie Hmtor of the j
Forsyth JHee far publication, qiad that the Macon '
Telegraph, Tribune, Citueiw, Journal and Mes i
senger, Jettbrsouiao, Co.Uunbos Times and Sen- ;
t inel, the Augusta Republic, and CpngtilgtiyHjiiliat, , i
Rome Soutliernor.aiidSoutljerii Preas^t Waah-1 I
hington City, be respectfully, ryqijeated to copy. |l
MWOGLETREE, Vrtifdent.
N. VV. NEWMAN, V. P.r^Hlent. \
H. J4. Battce, i v "
MM K.-peit.tfX?**
- ' \ f ' " 4
large and respeetahiq npinber of the yitizeu* of ,
Tronp county assembled at LaGrange on the
6th iiist. to bike into consideration the exciting
questions of the day. VV-. J, Sterling pud James
M. Heal I, estjs. were uppoiutcd chairmen, and
1*. O. lIatjH;r, and R. H. Bighajn, esqrs., secretaries
A committee of 21, J?. II Bighorn, Esq. ejutirmalt,
were appointed to draft resolutions foe tlie.
action of the meeting. During the absence of the
('oinniitte, Messrs. R. A. T. Ridley, P. O. Har]wf,
and B. H. Illil addressed the meeting. The
following nre among the resolutions adopted by
a large majority. . . _
Rt solveil, That whatever position the South
may take, we will be with her.
Resolved, That we reprehend .every disposition
in Congress to interfere with the jip>t boundaries
of the State of Texas ;?for the United
States huving fought against Mexico to sustain
these boundaries, should be the hist to dispute
* tjiem. ,
Hisolved, Tln>t we venerate.the recollections
of 1T7?>; we love and cherish the constitutional
Union of the United States, aqd that we arc
ready to sustain Congress in whatever xjust
n utual concessions, may be made for the preservation
aqd perpetuity thereof; hut'we love the
Union more than tlic mere name of the Union;
therefore, when the former , shall he fu/feited,
we will not cling to the latter. When thy fraternal
bonds which hind us to our Northern
brethren shall have been cut by the reckless
hands of fanaticism?which we' nray may never
be?when the government shall have departed
from right, we arc determined to abide under
i he constitution of our forefathers, and to cling
to justice and strict eo-eqnaljty among t|ie States,'
even if we are left the- only representatives of
:onr eonntrj,'s virtue atid integrity. We khovf
all of our rights under the constitution?we demand
them. If we -cannot hnve them in the
Union avi> dn tint, tenr tn ?i?elr them nut nf it
MKETmr; isr StarkKsvir.LE.?At v irreetingi
held in ^tarkesville, TiCO co., ort the 1st hist., it
was resolved t6 He necessary to cnfl together tiie
citizens of the vdunty in view of the great question
at issue; i
Cotnmitfee. of Invitation, and n Barbecue Cotninittee
It \vnS resol\rd that a free Itarhociie l>e held
fit' Stnrkesvfllp on the 'JOtli iAnmist, at'which
('<>1. H. L. Bejininff nntl M. J. CraU ford, esq.,
delegates to the Nashville Oonventfori, Colonel
Ifines Holf and Hon! Colquitt are fp he.
invited.?1 Colvinhus Thar?, lOfA mst. * :v.?
Mass Mftf-Trvfi at Enon\?In pursuance ofprevious
publication, ft large portion of 'the iittzens
of Macon, RusmJll and Bftrbou'r counties, usseinHled
at Enon, on the titli mat, for the purpose ?>f
ratifying the proceed iuga of the ;!&? Nashville
Convention. ... .
On motion, Jfocl T. Crawford anil A..D. ClockJev
were requested U> pre^tdLe oyer the deliliefatjpns
of the tneetihg, artd D. E. AOthqhy inid p. M. ,
Seals were appointed itH'f claries.' The'bbjeet of
the meeting-was explained by E. f>. Cfeclrley, iii
a cletir, forcible artd eh>qi(Hit manner.
On motion .?# Win; A. MeCarty, ia ootvuniuee
of fifteen was uppcifttfd by the chair to report resolutions
expfCHsite of the sense, of. this body J ,
w hicli committer consisted of, Wjn. A. McCorty,
Wm. J. Divert, N. GndVjet. Dr. Caldwell, Win.
f- Dubose, C{. E. Tren|lcrii'N. I). Guerry, Jonathan
Davis, ;H. Kihg, Oraimfte White, Geo. W.
Turner, D. A. Kidgt*sv, H. M. Cleclrtey,' E.
W. Tarr r rmd Thoft. Morton. During the absence
of the cOmmiftie, one of the neCretnrie*,
by request, road ihe 'ievolutions of tlie Nashville
Con ven tiuu. .*:? t
After which Gep. p. _\y. Gunn, one of our delegates
to said Couye/itioii, was.introduced to, and
addressed the [peelingably and eloquently, for one (
hour, and u half, in .i indication 'ol the Nashville
Convention. ' ' J.
The committed, through Win.'A. MeCitrty, j
their chairman, reported the following resolutions.
Whereas, the rights of the South ftr*fseriously (
threatened by the Northern portion of ' this confetl- <;
eracyi in urging upon us through their represent- j
atives and aenaiorp in Congress, the adoption of (measures
fraught with injustice to us, and danger- |
o.us to the union Of these Slates : \
Be it therefore reunited, Thnt'we hold sacred the n
union of these States, as it existed in the days of
oitr fathers, an union of equality and of justice to ,
oil; and that they only are truly unionists who'
h?lu, that equality all all be preserved, and even t
sealed justice administered to ail. ,|
2d, liesoiikd, Thai should Congress, influenced v
by this dire spirit yf -ubojitiou, force upon the g
Territories die WilmotProviso, or any kindred w
pleasure, (though under the disguise of compro- jj
mise) theii, end is that event, the dissolution of
this Union tvould he inevftob)^ ' ' ' ft
3d. Resolved, That we approve tire resolutions tj
and nddresaaflheNadhvil.'e Convention and that (]
wedo herebjreonfirm, endorse and ratify the ac- tjen
of said eon vent jot),yj
4th. Resoirsd, Tha> the South lias already eon- n1
ceded loo raucli, by live. Missouri Coipproome, j
and that but for (fre fact, thivt tTie.Sduth has here-. ^
tbfore actptietieed ill Haid Compromise,we could ^
not now accept it; We offer this sacrifice upon
the alter ofthe Union. - ' " '
5th Rssolted, That thodjsmembermerif of Tex- R
ns without her consent-~the admission ofCalifor- c
nia per s?, with her proposed boundaries, or the c
abolition of the slave trade in the District of Co- p
Jumbia, with the penalty annexed by the bill of j
? ihe Committee of Thirteen, to-wit: the freedom
of the slave?would be a grass and flagrant viola- j
t'ion of our constitutional rights. v
6th. Resolved, That we earnestly entreat our
Southern brethren of all political parties, to unite j,
with us in our efforts to repel the encroachments _
of the North, for in our estimation, no political v
?vil can. be so great as submission 4o tyranny. ^
After the reading of the resolutions, Jefferson w
Noble, esq., of Montgomery, was next introduced n
to the meeting, und spoke for one hour in support a
of the resolutions, boldly and fearlessly scourging ^
alike the Northern Abolitionist and feoutnerit
wubinissioniat. ( {
Col. John Gill Shorter, of Eufaula, u?vt came
forward and enchained the audience inattentive ,
silence, in an address of great power und elo-'t
qtience. At the conclusion of his speech the 14
resolutions were unuuiinoas/y adopted, amidst die j-j
tumultuous applause of that vast concourse of
people. |,
X he following resolution* were also adopted; ,
Rfjohcd, Thru this meeting recommend to the;
different sections of Mbc.on county to send dels- ' ]
gates front fach best, to meet hi Xuskegee on the j |
last Saturday in this month, to make arrange-;
meniK to be represented in the District Convett-1 '
moii, to assemble al Clayton on tlie 1st Monday j <
in September next, to fleet Delegates to theNash- j |
ville Convention, to (ill the taoancy occasioned by |
the resignation (from ill heaiiji) of Goneral R. C. ;
Rftoiited, That this meeting tender to Gen, Geo. i t
W. Gunn, Our sincere gratitude for thg fidelity t
and ability with which he r?fresented hs lii ihe 1,
late Nashville Convention, nnd that we cordially ! j
request liiia to represent os again in said Coil-i
vention when it shall re-assemblf. i ,
The Chair then announced to the meeting the ' t
readiness of a bountiful barbecue which awaited ' t
frt* rfiariojfoti, and as to wliose merits the same 11
unanimity prevailed that characterized the pre-. j
vious action of tli> meeting. But one sentiment j
seemed to exist as to the great credit due to the
Com mi use of A mmgfcnwuts, ?? well ad to the ,
v bur hands" of " beauty fewr," which aided in
the preparation of the sumptuous feast", and who j
graced the occasion with her smiles, proving (in I
the lanrun-e of J. Noble, one of ths spealwrs,) ^
the applicability to woman, of the American sen-)
timeut respecting the QrVat Washington, that she
is " first in War, first in Peace, ana firnt In the
be*rts of her tWuni-vrweo.'* <
After the me m;r whs again called to oilder, j "
Ibr. Joseph ioiiu, ft Barbour, responded teethe call
of tbu juestiiqj, ttt an ap|et argunacotHUre and ,
piasterly. exgo^rc^ Clay ,/J f
He was loJlpwsd by Dmad CI so ton, e|?., of l
7^udkegee,whose fervid and impassioned eloquence o
wau'r^erred with rapturous applaua*.
Next ?n order, came forth a yoiUMbl i.ratof, r
lohn Pavis, who cWed ike eWrctse* offthe o^l
asion in a neat, bosjntifuLfnd patriqlA rpeech.|]j
The meeting: then edugflTed,
d.Mas"1"^H'- k. I.
n Southern JMahs MKr.Tiyt;.-?At a Southern
fiiTss hieeTing oTfTie "people" or~Bnibour county,
teld in accordnnce with previoua notice, at Clayon,
Alabama, on Monday, August 5, on motion
of Col. P. T. Sayre, the meeting was organized
by th? appointment of the following officers :
Preaidenti?Mnj. Henry H. Field and John Go.
Robert W. Williams, Jas.
Clash, Gaa. Jri^ Httnter, -Hr-Betrtv-Hrr).
C. MtjNgil, Pr. E. M. Herron, Muj.I. C..
Browder, Dr. Jos. Jones, Col. Wtn. T. Hewitt,'
Arthur-Crews, Henry Faulk, jr., B. Williams,
F. E. Baker, W. N. Atkinson, JaineaRichards,
Col. 8. Mabry, John Hart.
Ntcrr4*rirj?-H. P. Clayton and C. 11. Woods.
The object of the meeting having keen britfly
explained, on motion-of Col. P. T, isayre, h committee
of thirty was appointed by the cltair to
report resolutions expressive of Uie opinions of
the meting, which waft Composed or llie roitowing
genth men : P. T. Sayre, E. C. Bullock, G.
Beauchamp, B. Gardener, B. J. Moole, F. Lee,
Angus McLeod, D. M'Gilberry, Geo. Bniee, J.
Ratts, John Hurt, Albert Roberts, N. Wheeler,
John H. Miller, I. L. Miller, Wiley Oliver, A,
T. Dnwkina, Jesse Lock, John W. Johnson, Or.
ILobt. WillianiH, Janus Conner, M. Lassjter, It.
M'Swean, Dr. Peterson, L. S. Smith, John W.
Clurk, B. A. Rogers, E. S. Ott, Pr. Miller, J no.
Sea, W. W. Cawthon.
The cohrmttteri having'retired, returned and reported
the following resolutions :
We, the people of Barbour county, in convention
assembled, pursuant to public notice, in view
of Abe perilous condition of the country and the
threatened deatructiou of the equality of the Southern
States in our federal Union, do hereby publish
! arid deciurfr? ,
I "flint we approve, endorse and ratify the resolutions
and Address adopted by the Southern
cmiven.tion recently assembled at the city of
That the people of the Southern States are enti
tied with the people of alt the. other Stateft to an
equal partieipafton in the .Territories of California
aqtl New Mfxipo, noqliired hy the common
blood and treasure of tjie whole country, and that
to acquiesce in such legislation by the Congress of
the ITniled Slates us would deprive us. .of such
equality, would 'W to submit,',ro ,the dictation oP
a fanatical' and rfoiuinant majAnfy urtworthy our
coiinnon ancesiry, and disgraceful to us nna our
posterity. ' '
Thut out of love and. v tuertiiion for thatUiiion,
which wa? prduined and established by the patriots
of the revolution, and to preserve and per
pot,uate to our etniuren as a giqnpus ninentance,
offreeineii and forjisiriuch as the South hp acquiesced
fjbr a Ions; series of years in audi divlvi$ion,
we wijl cortsent to W division of the common
' territory'by an ektensMn Of the Mis$kuri
omprotfiise line of 36 degrees 30 tAinntes Nq? h
latitude to the Pacific ocean, with a. clear recognition
of the' light of tine Southern people to inigruiq
with. and eajoy, tlreir property pf tptery
description south, pf that line, and ,that pur^consiitutional
right of equality in the public domain,
oj-a divisjpn pf the samp tia hero indicated, we
never should, we never can, we never will biirren'Sta
- * . ,/'Wj -..."-v
That Hhe1 attempt how - bfcing- made in J^ew
Mexico to rob our sister State of Texan, of! her
soil and jurisdiction east of the Rio Grantles are
insurrectionary pod rebellious on the part of the
people of that country, and if sustained by the
authority.of the Federal Government, should meet,
the firm.resistance not only of Texas, but of pi I the
Southern States; which have with hern cqnuuon
interest and a common destiny.
Thht we have learned with profound satisfaction,
the failure in the Senate; of-the hb-cAiled
Compromise' bill, reported by the Committee of
Thirteen nod sincerely hope that a simikir fate
awaits all other measures involving a like'rendder
of rights on the part of the South.
That <re approve the reassembling of theJSouth- i
efii Conveptifp, ut Nashville, six weeks aftpr the i
adjourhraeiTt of'Congfess, and pledge ourselves
to sustain puch metunres as that body ahull in
their wisdom deem necessary to the manintehance
of the rights, fnteresls, imd honor of the
Southern Slates.
TJutfthe course pursued by our delegates from
this Di' trict, in the Southern Convention at Nashville,
lion. George Cipliltiiwaite, Gen. (i. XV.
Gunn, Geh. R. C. Shorter, and IJon. J. Dufordj
meet oitr hearty approbation, and we ten- ,
der them our warmest thanks *fbr the' valuable ,
service which f hey have thereby rendered to the (
That we approve the proposition to hold a Dis:riet
Convention at Clayton, on the- first Monday 5
u September, for the purpose of filling the vacuo- '
- i -1 ~ .I.? ca .k /i . r
umcv JJI UUI tu iiiu tjfjuuiciii isUHveii
ion, occasioned by the resignation of pen, R. C. t
Shorter, and of cbopsiiig alternate delegates, and t
hat a committee of six be appointed by the chpir j
rtr the purpose of nominating delegates to suid |
)i>tricti Convention. t
The roeetiitg was then addressed, in nn eloquent
rmnneir, by J? Noble, esq,, of Montgomery, after 1
ubich, Hon. George Goldthwaite, a delegate f
rQiti this District in the Southern Convention, J
ceupied the attention of the large audience for .]
wo_ hour,*, in u masterly review of the history of e
licanti-slavery agitation at the North,and a con-, n
Iheingand overwhelming argument in defence of *
Southern rights. Ilis remarks were listened to ^
nth profound attention and produced the deepest ,
npressian; ; . . ." . '
At-tlfe close Of JutlgcGoldtbwnite'a speech, the h
uestion was taken ornthe passage of "the resolu- 'f
one reported by the committee, and they were S
nauimoualy adopted. Tbe jneetjng. thou ad- ri
mrnetj to parlalve of ah excellent barbecue pro- U
ided for the occasion. 1 li the evening a large k
amber of persons re-assembled in the court- #,
?>use, where Imiokject wns further eloquently
isciifwed by Colonel John Gill Shorter, and Jhs.
Puff}), esq. "
A letter was read from M?j- Q./'W. William*, *fj
Henry, representing liis inability to bt present
i the meeting, and expressing His hearty conurrence
in whatever might be done* to aid the
ause of the South?and to place. her in ivpnsilon
to resist successfully the aggressions of
fort hern fanaticism. r
A resolution for the appointment of county
elegates to the Southern Convention at Nashjlle,
was offered by Col. E. S. Shorter, and oposed
by Col. P. T. Sayre, and C. Bullock,
sq., oil the ground thut the attendance of deleates,
from all the counties in the Southern
Ittnes, would u-ohe that body too numerous, nnd
Per a statement from Judge Goldthwaite that it
raft not the design of the Contention to reromnehd
the appointment of delegates from counties
lready represented by districts, their resolution
ma* withdrawn. ' "1 ^
On motion of Mr. G. A. Roberta, the following
evolution was unanimously adopted:
That the patters of this District, and the South'in
Press i\t Washing ton, lie requested, to publish
he Proceedings rtf this meeting, and that copies
ye forwarded to ouf senator* and representatives
in Congress."
Under the 8th resolution, the following gentlemen
were appointed a committee to nominate delates
to tlie District convention.
Dr. R? W. Williuins, John liart, L. S. Smith,
[I. S. Ott, J>. H. Pearson, J. U. Miller, who seected
thefollowing; delegates;
A. jC. Mitchell, John \V. Johnsan, Dr. Joseph
rones, Henry Faulk, jr., James M, Tb-uittjRol>V
3: McSween, J. L. Miller, John McTTnnb, kobV
r>ill, P. T. Sayre, John H. Miller, Wllliain T. I
VII iuvuuii, iv wan
Reared, That in raw it should be neceoiary to ,
ippoiiU rouwtydeleHHte* to the Southern Couven-1
ton, that Uie President* of this meeting d>e, mid !
hey are hereb)' authorized and empowered to ap-!
xini't two delegate* for the county of Carbonr.
TJre iprefinj.* then adjourned. Its number*
tfere-eetfmtited at: three thousand, and the im-1
nemo roiieooree was animated by brft orte spirit,
hat of tut unniterabU determination to preserve
he equality ot' the South, iu tlio Untois or secure
itr independence mil ot'.ih
C. K, WOODS, )
, JI. D. CLAYTON, > i
FYARKER, Agent for the above very superior
J HAIR WASH, received, dim day, lit grow.
CV'holeKale and retail, ?t I
Fatuy C<>nth and I'trfumery Sloe*,
Pennsylvania Av. near National HoteL
atig. 81?3t. _ . ^
J. kimjt Waliter,
,JU"nUu al Lair anil Ctaerttl ,'lgftU, ,
f \ K F E H tt hi'. ser< in Id* j<r > >ri titular
iiJ-Agvhi fcr the Proseention and ^dlfeetidp 61
iiabroAciortCoogrca* ami tlw Department*, also Tor
burning PateoU.
All hueinew confided to biwa will l>o promptly ?t ;
IM?I tin ' j!7 it
, j*nD^Ayr I^TflB SBKATYfy
^oti<jjjfeion.lift Uerkiek's reWWr^t-i?
*jAUMlS?ioi?r CALirOKMV '
Jj J? AA.day, AuguocpS, 1S50.
Jvr. PgRident, I jRjiot disposal to qqjjupjL,
the time o! tho Somite but a moment longer.
My purpose I./im h.i..n nimply to present to yolll.
con&ideration the grounds upon which the
State, one of whoso representatives I am, objects
to the measure which is now under consideration.
I hopo I have stuted them with sufficient
clearness to enable the country to appreciate
them, and that is the^^ffr^iich^lyd irtj
view to accomplish. Having stated tne objecin^
in others, i luve urged y-om-to abstain from
tins measure, under u belief that I could show,
from the evidence before us, that the people of
California themselves did apt desire admission
as a State, The representations pude iu these
documents are such as I confidently believe will
bo verified by further testimony which may
be foo a, expected. 1 have urgpd you toqbstiiu
from tlic consummation of thisuioasgre until tills
testimony is received, and then to modify the
bilt, so as to conform it to the statu of facts
which may then appear to exist. If this appeal
is destined to tail, I have one remainiug duty to.
perform. It Is to tell you, without uiouac;
und without any attempt to anticipate the
course which limy be adopted, t'mt in all human
probability the adoption of this measure will result
iu the disturbance of the public peace. I.
have heretofore advised you that under a resolution
of the State of Georgia the Governor of
tliat State waa required, in the event of tlie passiige
of au act foe the admission of California
with her present boundaries and constitution,
to assemVlo a convention of tlie puuplo. I am
not prepared to say what will be tiie action of
that convention. I will npt venture to anticipate
the measure* winch it will ad ?ph I desire
to present to youtlie simple fact that a. convention
assembled, under tin* authority of tlie EagisI
'tore ami Executive departments ufone of the
States of the Union will meet within tfie limits
of that State, to take into eopaufler-tiou the
state of the republic, and to consider what are
the duties imposed.011 thorn by. the act which
.you are about to pass.
I ask the Senate to consider whether it is probably
that the State will be /left to her separate
actjpn ypon. this subject; whether i idividuals
from other Spites, under th? influence of the
excitement produced by sueh an oeeurreneo, will
not flock to that eonyention; w hether the feelings,
the excited feeli|igs thus produced, will not
probably extend Uiciusejvcs beyoud the. limits
of that .State and whether a flame may not be
kindled, which, with all the power of tlii; Government)
you willfitjd it difticiilt to allay I I am
not going to discuss the doctrine of nuliiftcaLion
or secession. Tlup former, as I conceive, has
been dragged jnto this Rebate \yitJ10ut any reasonable
pretence, for doing so. Witli regard to
t|ie latter, it is neither necessary not proper for
me, standing here as a memberjof the American
Spuate,- to,enter upon its, discussion, liut this
much Ilinve to say, that whether secession bo a
right, resulting from the,nature' of our Federal
compact, or muAt.be Considered as revolutionary
iu its nature?the ultima ratio of an, oppressed
people? wh^thet: it result from the provisions ol'
ihe Constitution,, or belong to the principles of
a.elflgo.vernineiit; wbetherit be one or the other;
whether it bo a right to be exercised under the
Constitution, or an act amounting to revolution
?whichever it bo, whenever two, throe, four, or
half dozen States of the Uniou, stljidl. resolve
Upon pqrl'onning' t)uit act, call it vvhat.yoa will,
whether revolution or constitutional and, popceful
retirement- front- the - Union,, whenever thnt
act shall by performed, the Union will be at an
end. 1 do not know ti* the, annunciation of this
opinion may constitute treason?I do not know
if,it indicates that I ant a disunioilist.
If the ilrst, 1 have to say that lite treason to
which it may junouut U of modern date, and
should l>wy*comprised .among the irregularities
which attend the admission of California.; tf the
latter, jf. it be -supposed to bp the opinion of a
disunioiiLst, I have only to, jippcul to the-history
of my past ,lifr, humble and unambitious as it j
has bocn,und as it will bo, to repel so unfounded
an imoutatiyn. it is because of my attachment
md (Kwotion to the Union that I express the
ipinion. It is because of my fear that the measure
which you are passing-may drive soifie of
,hose States to au act Which will, in my judgneut,
inevitably result in disunion; it is bouausc
d'tliose apprchonsioiis that 1 venture to express
o yon this opinion and these fours. 1 ask you,
hen, tp pause. ,1 lpive said to ypu before that
do nobh^mve this Union fan be preserved byhe
use of bayonets. 1 do;not believe that the
nennce of military force in any possible contingency
is calculated to allay the exerted feedings
>f the American people. No, sir, the disunionist
s that man who uses the iiRvms by wliich the.
wisting excitement, even tlrougli it wore misguided,
may be increased to an extent which will
iJacc the gucstion of tho Union beyond our .cenrol.
Your army and your navy have, been retired
to to fluriB us. Sic, they can enforce,
our laws unoii individuals, but vour military
tree, great i?i it never ,-foereo sovereign
Itntcs to remain in tlun Uni-in, when ftoy kqve'
<8olved -no longer to. do so. 1 know their galuitry
and their patriotism; and, especially, 1
now and am willing to render n cheerful tribute
9 the skill and gallantry, and patriotism, and the
ubUc and private., virtue^ of jwH? .distinguished
lan at -the head of t' at army, with whom die
louth has been menaced. Sir, that distinguished
hieftaiiv has been victorious on .man-- afield;
lis military litc has been rvseries of triumphs;
ait there is one battle-field?rGod forbid that he
liquid, ever bo called to it?on which hp h.is
>ever won, on which he can never win a tropin*.
1'hat is the field on which, conmi willing Anionic
n soldiers, ho shall encounter American citi:uns,
battling iu defence of tiieir insulted honor
md violated rights.
Mr. FOOTL. I do not rise to respond to the
;ery patriotic speech pf the senator from Geor(ia,
but it so happeucd that tlie senator corunenoed
his remarks this morning (I was not in
ny seat at the time, but I have been so informed
ay friends) in a manner that seemed to have
ioutc application to myself. 1 desire to ask him
whether be intended to allude to mo when he
jpoke of censnrrs ninrum ! .
Mr. UKltRIKX. 1 intended to apply the remark
to anv individual in the Senate who may
Lkj disposed to assume that otHcu. The senator
from Mississippi has- more than once, immediitely
on my taking my scat, arisen aud "commented
in that character* anil iu that tone and
leniper, upon what I have said. I mean to say
that 1 included the senator from Mississippi with
any other senator who may be disposed to as
hi mo mat oince.
Air. FOOTli. Will the sonator bo good j
enough fo rcjaiat what ho said, as I was not here i
it llio tinio.
Mr. BERIUKM. It would bo impossible for
me to do that, I do not recognize tlm right to
require iL I mean to offer nothing otlensive to
the senator from Mississippi, or nothing that lie
lias a right to consider so. I do not rvcoguize
the right of .tlio senator to wake. this enquiry. I
r moan to protect n.yscdf from thoso eomuien- i
Liries upon tlie sentiments which I express, from ;
joiumentaric* which are not relative to tbe ques-1
don before the Senate. ; | [ , ;
Air. FOOl'E. J am very sorry the senator has i
10 imperfect a recollection litat ho is notable
wen to restate what I supposed must have I icon
.ho most, pointed portion of his speech. I am not
ible, therefore, to reply to anything the senator
las said in reference to myself, because ho will
lot givt me the benefit even of his Ipi perfect
nemory of what he did any. Were it positively
:erUin that the whole country would bo as obivious
of the gent Ionian's remarks, so far as
hey wctf, intended to apply to me, as they
m most mysteriously to have bueonjo to the
isnator, 1 am wire that 1 would not trouble the
senate with <}oo single obKoryntioont this time.
Vow, the senator speaks hypnthe^kaUy. He
loos not direttUy rhnrgn m* with plsyiug tin;
enter morum on this ocoaslfn, but be'^ayv h?
ntended to make that remark in application to
u?*h gentlemen as choose to play that part; but
<"> . L'.aaiiiirJtt-.j'.tjaatL'iiiittBij.'yg'MigaiJB '
< 1 yti
spirit oicurping* en tic is in. " Ihave no rW/Ol lection
of haying ever used language other than :
that ofrespert, ofcourfesyf kmi mess," and cverP
of defeye, iiiM-espfnae ?o tbewenator from
GnorgiJi W'fliuld iot iltlgiiil anything inure 1
ridiculously presumptuous, than an attempt on !
my part to assume over the venerable senator
the senator from Georgia, in my judgment, a
pe&on who at nil stands in need of criticism,
censure, or counsel from me, or from nfty other
senator. I did think that the relations between
the seuator from Georgia and myself were sueh
as woold prevent him, at such a moment as this,
from uniting with others for the purpose either
of aunoy.rue.nt, pr with a view to diffusing prcju- .
dice against inc.
Sir, I have never naSiailed, or called the State
which he represents in question; nnd so far as i
I heard his remarks, 1 should .consider jt both Jj
unseasonable and unjust to hay any thing in
decrial either of himself or his State. Why is
it that the senator seems to be so anxious to i
heap censure upon me ? Why does lie mark
ine ont ns one wishing to play the part of censor
moruin lusre ! But the senator said, as 1 am told,
that he was not to be driven frrtm the pursuit of
the course which his own judgment dictated by
any dyead'of senatorial censure. If the senator
used'this langunge, he must plainly perceive that
it was language very unnecessary to he used, at
least hi application to mo. He ought to have
known that I nt least felt a decided sympathy
with him and his noble constituents, in con
dexiou With the pending questions of the day.
Have We not struggled together, and stood
shoulder to shoulder in tt e contest whle!\lms
just resulted rn the adjustment of the Texas and
Yew Mexico boundary questions 1 Does he
not bear in memory the fact that I expressed to
hirn, not'two days since, the Ipgb satisfaction
which I felt at having had It In my power to
ed-oper/ite with hirfj and other Valued friends in
securing the adoption Of this healing measure ?
1 have not s mght a controversy With tfce senator
from Georgia; I do not now seek itbin if the f
honorable g? ltleman is really ambitious of a
contest, rm ! hope hb is not, why 1'suppose 1
shall have to indulge him ; in which case 1 hope
he Will give nie preinoijitorv notice.
The I'RKSlD.i.NT. The senator from Mississippi
must understand that this course of discussion
is altogether unparliamentary;' nnd if
persisted In, the Chair will be under the necessity
of rcniindin'<r gentlemenWhat thyyowe tp
themselves and the country. ,
.Mr. POOTEi IOt the time the senator intended
to apply the tcrm pfiwor to me,
tho, gpnfleman yVhq occirties tlfe,<ihalr had prevented
his'doing sd, or him rdbttked tyti'Senator j
for the distinct personal allusion to me, of which j
I have been complaining, he would have saved 1
me the necessity of defending or vindicating my-, i
self. It doeSi so happen that when I am assailed I
in various quarters, gentlemen who assail me i
escape nil rebukebut wllon I rise to defend,
mysalf I am always called to order, ;r 1.,, ,i
- 'The PRESIDENT. * That is an 'imputation; I
which gentlemen pre not at liberty t<? make in t
ri?r/-iril tn- the (W.iir The ChilTr fttteliihts to
Vf f Y ft * -7
restrain all gentlemen \vho go beyond the proper
iunits of debate; and. even this rrjornlng cfmci i
the senaMfr fraai Lohldana to order for going i
beyond what was strictly propeT. The senator
cannot entertain the idea that the Chair is oper- i
ated ort by any feeling other than a disposition. <
to preserve order. i
Air. FWWf, I do not seriously rare about i
the whole .matter. Having relieved myself of i
the imputation east upop me bv the senator \
from Georgia, 1 am cotrtcnt with conelnding i
that I eanpot but regard his conduct towards n?e. t
on this occasion as illiberal and unkind jp the i
extreme. i
Air; BEJHRnCN. The eharge of illihenlity t
demands a reply It is. one which Cannot be. 1
tolerated in-fhis chamber, since it must prtvoke i
Cetort, and necessarily lend to controversy. I ?
content myself with saying that I am incapable (
of illiberalitv. Tlie senator knows that stjeh. i
a charge preferred against the is utterly On- t
founded. j
Air. CASS. The senator from Georgia, at f
the commencement of his remarks, made an
oil....;,... t v
II?M'"HVU i<; UJI; uytuuiu n, ii4**u m unuu.nu m
relation to the general power of Congress over -s
the territories. I rise to put myself right, rtot s
to defend others,l'rotu the charge lui|>lied in the
USsertiotV that I am the only member of the *
Senate, and almost the only citizen out of it, who '
does not believe that this Government lias fyll t
and unlimited power over these territoriesbut 1
f trust there are many, both here and elsewhere, P
who have not so fat forgotten the f?ijle of their
frltll ers as to acquiesce in such a monstrom- M'
assumption of arhilrary power. Why, it is the }'
very doctrine and almost in the very words of lf
the declaratory act of (feorge 3d, whieli our C
fathers resisted successfully, tiipt in arguuient 8
and. then in. arms, that his Majesty in Parliament %
has' the right by statute Jo hind the colonics in all \
cases whaJijoavei't .!{ ' / a
" We went to war tipon t(uH very, assumption, 0
involving the great right of self-go" veriimeiuiand 9
hallowed .the principle we Jbugfit for by success. ,J
and made it the very corner-stone of our in ti- j
tution;.. And now, before all the generation of ?
the men of. thorevolution has passed/away, we
are called u|H)ii to declare that our Mij--sty (this 'J
(government in Cor^jress) has the right t>y slat- ^
y!e to bind tire territories irt all cases icfuitsoeccr. r
And lam rather pointed at as a marked man, e
and aa ala ost the..only one, who, in this middJe ll
of the nineteenth century, and ip this republican 0
land, does not bow the ktioc 10. this new political
worship. 1 trust, I am sure indeed, thai the 8
senator entirely misunderstands the sentiment* 4
..? .,,,.1 ?i ?
iii3 tuunvi ) Iiivn, <tnu uiiit mt-if nut is. jiitrir ?
remnant, but a vast majority, who repudiate I
such pretensions, and who believe that internal p
legislation,, without representation or natural q
affinity, is the very essence of arbitrary power, n
..And a tremendous power it is. It Is claimed and p
exercised : t St, Petershurgh, at Vienna, and at 11
Constantinople, as well as at Washington; and n
no matter by whom claimed or by whom exer- f
oised?whether by Sultan, Emperor, King, l'ar- t
1 Lament, or Congress?it is equally despotism, t
unsupported by the laws of God or by the just f
laws of man. Whence do you derive such a a
power ] Put your finger upon a single clause or I r
word of the Constitution, if you can, which t
gives it to you. Such a terrible means of .op-! s
pression should not rest on shadowy implica-! n
tion, on remote analogies, or on elementary j d
words, employed by Europcon writers. It should e
have)) visible, tangible foundation. It should h
be written in characters of living light, that the a
oppressor and the oppressed may not be de- t
ceived us to the power of tho one or the degra-1 p
dation of the other. . And yet, among the fif-1
teen reasons riven for the exercise of this nu-: n
thority, there' is not one which, by nny rational i d
construction, leads to such m>nsei|uenco'i, Fif-; ti
toou reasons, lor the support of u power which I tj
hull' that number of words would liavo confer-; o
red hevond cavil or dispute! This very fact is ! a
enough to destroy the pretensions, ^oin^rrss li
tha'.l hat: unlimited poiot r over the territories, j o
This short and plain clans > would have spared tl
us nuwy an argument, if H h;ul not spared , the rl
rights of man. instead of such a declaration,; g
what is Uie. Fact? { u
Tire senator from Georgia says that Congress li
is sovereign. This I utterly aenv. Congress si
is vested with no one attnbuto of sovereignty, j h
as the foundation of legislative power; nor is the J w
word itself to bo founrf in the Conotitution. It is u
perfectly idle to go to.Yattcl, or to tlie eufiiur | ii
or Inter writers, upon the laws of nations, to seek u
there thy attributes of sovereignty,and ihcuee to 1,
aseunHyas a vonsoiptcnce, the. existence of power ll
in the Government of tile Ciyled States. The a<
poopla ol' too respective State* arc the truQ6ov- it
ereigns of this country, and they possess all the n
right a. which, by the usage of nations, belong fo| t<
thai condition. You may go to the elementary p
> . ji1 . i
writw to ori'l What Ihese Ughta are, b* yojy
musMo UjAe CMtatipitimy^ And how a$d 60S
jcirtiMnt pptiiP 6?vA|Mr6iiL If you find ChiF
dpli'wion/lou Jr Iff; if ?t, the neoptc havff
resej^d tli<*po\vj8r tJuheipa^ves. You i|n der
ciare war. Tfiia is 011c of tne most important
attributes of sovereignty. But you do not go
fofTofnisfor VaHei, or J^tiflehdorf f"<>r the Found.ution
of your action. That yon seek in the
great deed of the American people. And if it1
were not there, you would be just as powerless
to declare war as you are to choose a king.?
f riunen*' ?f* limited powers and of
itnef ctmbtnfction, and yet we so easily depart
from Uraljirinripleit,. Hud there in a, .dre.nunua
effort to clothe tiiis delegated legislature with
sovereign power; because sovereignty ii an essential
co'nditiort- of an Independent people.
The senator says that all Governments should
l?e bound by precedent, but this tooce than nny
otiter. I con hanlly conserve a greater heresy
than this. Of all Governments on the thee of
the earth, this is the last to be fettered by-a blind
obedience to precedent. 1 Ino not call fri question
the wisdom of a just regard to t-xperiotice,
and to the opinions ruid nets of those who have
gone bofore us. It is equally duo-to them and
to us; and there is Httle re woo to apprehend
that sufficient weight u'Ul not be given to past
experience. The proneneas-of human nature in
nil the othpr way. How easily the practice of
to-day bec'QUies the precedent of to-morrow andJ
the principle of the next day! A lwge portion of
the political abuses in the world is to be traced
to this predisposition to do & thing' again because
it has bees done before, and thus to perpetuate
the worst state of things. With due reference
for the experience oftyiose who have preceded
us, woshould preset ve ear own self.rcsp.'cLand
exercise our ojwri reusoni tig faculties. We have
something better tnan tradition and coram ntiries
for the'foundation of our rights. Wo have
a written Constitution, to'wbich we Can appeal,
and. by which all the acts oftlie Government may
1)3 and should be tested, for mauy years after
the adoption of the Constitution the laws relating
to the Tqrritpiaes passed yufyilcnlio; 3ml there
is rtot dven tt iradjtfon of any, examination of
the great question which now divides us for more
than thiity years after that period. And are we
to bo told that tbu teitftrCGhCof power under such
cirnumstaiipea sends n*, pur authority to the history
i.t' legislation, instead of the bonk of tinCon.stitutjon
? fcsueli a doctrine would fasten tinbank
power upon us, and'with much more justice,
because its exercise was opposed from the com
menpement, and the brightest miuds in thecountry
v^cro employed in its eomsideiyitiou.
I am pot going ovec this subject again.. I
have had my sharp in its .discussion. I desire
only to submit;a few remarks upon some of the
views presented by the senator front Cieorgit.
Ho huo.br je% udverted jtp ,two reason* which,
lie says, lire urged .as the ibundatiou qf-the
power of Congress to legislate for the Territories,
These two reasons constitute bip q,suaali
portiofi p|f those, which ingenuity. I had almost
said scholastic yiganqtty, haivo made or found
upon UusoecasiouaiQQunting, as 1 have already
said, to fifteen in number. The two however,
thus prominently placed by the senator ur,1
thoson - ij . o . .. v
;J.. That the power to-legislate tor the Territories
is derived from that clause of the Ceostition
which, autliorizqa C n frees t> dispose </
ind mike rules-and regitlaii?w. Jor the territory
Und other property of the Unilrd States.
? The treaty-making power, whiqh gives
the right of Acquisition. and uterefore the right
if legislation.
)As to the first, I have nothing to say. The
lenator himself has before told us that, in his
opinion, it does not confer tjhe power\elaimed,
indhqs- expressed surprise that any one would
esojrt to this clause foe the found itieo of s,uch
yi ttuthoritv. 1 fully concur with hint in this
,iew, lutr. uo I, believe, if this question - were
low first. prqaoutod for decision to the Aniori}un
people, unembarrassed by jorovioua action,
i|*l fijjly discussed and examined, that scarcely a
nan would be found jo this broad laud to, conlend
that the more right, to regulate.. :tud sol!
and?for such is the meaning of tin; word ter itory
in this connexion, both obviously- anil
igroeitbly to the .declaration of the Supreme
oprt?that such a right, 1 say, conveys uirlimted
political power- over the people, inhabiting
he,Territories, and embracing all the gre.it ubecjts
of life ; and if such was the intention,-ofhe
frame t's of the Constitution, all 1 have to say
s, that tbev little.deserved that character for
visdoiu aui perspicuity which .tradition has qsligned
to them, and which I believe tltey pos- i
icssed. . - . . i
The-senator.himself deduces this power of in- (
ernal go vernment from tho treaty-making juiwer.L'lie
steps are these.. The authority tq make- <
reaties is especially conferred by the Constitu- (
ion; the power of acquisition jsau essqritiil s
art of the treaty-inn king power; and tljc power |
? unlimited legislation is essential to the uscn f (
ho territory-acquired, and thus may bu c xercised (
v; Congress. Now, sir, letnw ask the senator, ,
this be the true derivation of the power of '
longress, by- what authority Werp; Territorial 5
overnmentsestablished in thonq portion,* of tjhe ,
biited Sf))>tes whicli were not acquired by Uva- J
y, but which m ule .part of our original torritocy, ,
s claimed by the act of independence?, fcight *
f_ these- goveiuiuoriU, five northand tlirec south 1
e rfl.n' "j tit..*'..A ...? _r..: ...
k uiu umy, >vciu ^nnni'Mwu y>vt *iu I
lore acquired by treaty than were tho States of .
'iigiuio or Massac insults, They, were not coed
to its,"but belonged to us; and Avcrednchi- i
ecisvitbiu ]?ie limits .of tba country recognized
iy England and by other Powers of tho world
p be independent. As jo. the cessions by vaious
?Statds of their claims to lam], tlu^e could
ont'qr tu> power Oiji theCqneral Goviuii'.uenfc not
o bo found in the Constitution. The cession
f these claims merely conveyed whatever-title
ho States possessed, but the power of Cunrcss
over them must bit determined bythat intrumenL.
But, passing by this subject to the main point,
agree with tho senator that the treaty-making
ower contains within itself the power of ucnisition;
it is an integral part of it, and were it
ot so, no territory could he . acquired,for imlied
powers belong to the legislative departsent
only, and arc not applicable to the treaty,
inking authority. You can acquire by treaty,
or that is one of tlic objects of these oonvenional
arrangements among nations, as stipulnions
for commerce and navigation are others. (
lut there tho Constitution stops. The act! of I
cqnisitiou .is complete upon the exchange off
utiheatiouft, and the act of government does not
'en depend upon tho treat)' but upon the Con- j
titution. Tho senator has presented this brand)1
f the subject with great force and ability, as in-'
eed lie does all others, but I do not see the t
annexion by which the power ol* government \
4 boUml to the tre it v-inaking power. The sen- I
tor savs that the right of government is essen- f
i.-il to the use of property, and therefore we 4
lossess that right t
But, sir, we do not derive the right to use the <
ruj>orty from the treaty-making power : it is 1 erived
from t.n express clause of the Constitu-, .<
sm, introduced for this very purpose, Cot- t
linly the use of the property is, to - ay the least j t
f it a* legitimate a consequence of the right to r
rquire, ns is the power to govern it: and if the 1 1
miners of the Constitution cousidc ed the grants ?,
f power liable to such strict construction that j i
le acquisition of property would not give the. t
ight to use and sell it, 1 f<*4iori, It would not \
ive the right to govern it still less to exorcise <3
nlimited powers of legislation over all pe.mons
ving on or. near it. But, under any circuui- v
Laiuios, whence cogues this pretension to rogu- a
Oe all the internal concerns of a distant people, t
ithout representation, ami of whoso condition r
re have little knowledge. If it be necessary to 1<
istitute govoruments ovor them, and therefore ' u
ie institute them, wlwro is tint necessity to regn- n
ite at our pleasure all their donifstie. concerns J u
f you fountl your pom'er upon this uece-sirv 1 ?>
atlbn, yon unist limit ita exercise by thu exist-, 1i
ig necessity. To go beyond, is tyranny, Xow, u
0 one will contend that it U necessary for u& ! h
1 regulate all the domestic. cohcerns of thejti
eople of the Territories. That is byst shown | n
tem&d t<#f|o it. Jjjjeeolject but one instance, i
nlwJfc.axfliyting tnj provision against slavery, ;
in wj|jk'h Congress H is interfered to control a
subjnt |?My liiuiifi pal in its nature, and tliat <
ffaaM thdwrohibitM i against the incorporation 1
of honks, wmen the mania upon that subject wm i
so extensively prevalent; and that was not a.,
mere local questronTTbr it involved tHe~inlcresX?
more or less^ of other portions of the Union, in i
consequence of the extensive circulation of the
currency of those institutions. I do not believe i
that another clear case of Congressional inter- i
position can be found upon jU.hu siUtirte book. I
Then, sir, you have never girercfrednlns power i
of universal ami unlimited.legislation. and
life, Ubort^> and pro party, ajl the grqat .otyectH of ;
Jltimjfi J?ctet/Clwva Injun its tvel! i protected in |
the Territories as in the States, und by the local
logtslatWtJeftf i- repent, then, whcnv'C do you do-' J
rive this unlimited claim 1 For, if you take one' *
step in the path^gt'^pgyrer, the whole career is 1
open before yoq. Grunt the right to regulate I
slavery, and you grant at the same tube the j
right to regnlnte all-the intcridr concerns of life; j
thd relation of husband and wife, of parent and
child, of guardian and ward, as well aa the nela- ?
tion of master and servant, including the condition
of slavery. And I defy any man to jput his 1
linger upon am; .clause,of the Constitution, which 1
expressly, or by necessary and proper implica- 1
tion, grants such a ppvve}. f [
The"semtor from Georgia lias saH that the a
people of California had no right to organize ,
,,L 11 . 1-1^ _ Lli.l. x_x I xLjl
urctH.MMYus into a owi? vn?\ ermiiie?N, unu iuju,
there. iti no irwUmre of such a proceeding in the ?
lustorv of our TerrUprial establishments. So '
far it* respect* t!i? creation of 4 Statu tlpverii- e
mjnt, and the application, far admission into the
Union, independent of the nctifiiVof Congress, ~l
t'.erj are 'several such eases in oat political' an-' '
rials. So far'iis respectsi the organ V/ntion of a
political system itself, the Creation of a Govern 7 .<
meat, no such precedent indeed exists; foj- ntver (
before did Congress utterly neglect itp dutyvpnd. .t
leav'e u rich and. reinote nonuLsitum wiiljput or f
ionization, ^pose)d to all th^evylH 0/ anarchy; a
and to be saved only by their Own Wisdom Mid ^
'firorrt^HH. (Herew wherettlt'pardltl arid pirecd*
dent Cease1; nor-do 1 beliethere is" another j
country h:i the f;Me-of the! e.irth wlrero Mich "L
legislative ae^eoi .of/groat interests eaabe found t
And are we 1<> be conducted through spmcypo r
liticu-metaphysicul process of, reasoning, and 1
asked to prove, step by step, the right of one
hundred thousand American citizens do provide .
for their own soclat existence, and to: apply l'or v
tidmioiort irito this Union, as you would require fl
proof to establish the ownership of.ichorse i> No, p
sir; there are far higher considerations tliatt these i
involved hi such a rotation,) and which appeal at I
once tu-tlie head[and heart of every Amerpan. ?
Tin: senator lias himself slid thu.t these people J
were justified in forming a Govertluient, but that c
they shou'd. have formed *rt TcrritoHuT, and not ~
a KTate-*jf>veriimi?ni. wen, sir, ims concession; fl
is cornel bin 5 for it admit* the validity uf their <
political. ?rjp8?z:rtion?? end their rights to.frame ?
laws and to administer them. And wluit reason e
dpoa the senator urgu why the political nction of ?
the people- should have been confined to one of
these organizations, and not extended to the e
Other ? There is/of course, tio denf.tl Or consti- 11
tutional restraint, and whatever m iv exist must jbe
0 fbreed by sonie dverralin?'principle,'deduced
from our institutions. The people, it is h
said, in forming a Government, had no- right-lo n
go further ttupi the actual necessity, required, t]
and should have contented themselves with the M
smallest possible modicum of frefcaOM? 1 Can ''
understand why a Govcrnuieirt, exercising dele- gated
and limited powers, should be lhhited in" j
their exercise l>y the neeesAity which called them ,|
into action. But wWnt principle of hitman right 8(
or human reason requires-a people, Oeeess trity w
called tu institute a Government, to content, u
themselves with the least possible degree of g
iiberty^cpmpatible with the actu'il pence ol socle- *'
ty. I confess my Utter inability to discover. The 1
rights bre-their o\vm, notonroyaird.if we compel 1
them to act, they must judge wluit their interest
requires. J do not contend that they have an tj
actual claim- to admission into tin? Union. .1 <lo ^
not deny that it is our duty to look to their cir- ci
euinsUnces. .arid, to receive or tyjeyt them as- C
their numbers and condition rn iy justify. If the P
number and condition of the pcbplivof California 'j
is not'such as to warrant, their admission, let it
lie shown, and let their application be refused. But'I
do deny that the naturp of their political C(
organization, brought,about by our neglect, furnishes
any valid reason for excluding them from1 p
this great confederacy, into which thfy are so t(
desirous to enter.
. But, after all, what could they have done, exsept
precisely what tlu-y did ? They had to js
organize a Government? that the senator from p
Sebrgik concede*. And how Were'tliev to-m
Organize a Territorial Gmorrimont, which neecs- n<
ciriiys ex t i termini, deriVes its powers from the jo
United States? That is of the essence of its 81
-xisteuee, and that, existence jt copM .only ac
juire by nil act of Congress.; and bye-anse Cop- ^
jresS Would. not pans nnvfyt upon the subject |ft
vas precisely thedr justification forllioir prdeeod- ^
rrijg!*. How wefe the 1M0 possess -ft territorial ;Vf
governor- -or -judges. or to be -placed- wilder the th
control of tho Podoral Judiciary, by their own s?
ict; and without Qtcscj fbondss'f eonnexion, and w
>tliers like them, haw was tluyr GoyerJiunwit to or
jeeoine a telritori.il cue .' It coulcj not be,sir? .
t could not be. Their 6? J4c-to GoVeriiyi^nt ?|j
ivas necessarily derived from themselves, and a|
3e.pdq.dfd oil' themselves till fiieir reTatfoif was '.fe
leti-rrhd-hy tlVv action of Congress. And,-im<fcr ja
these circumstances, >''tun. it J Hi .seriously con- co
tended that they bad/no'figljt to comeheto and W
isk admission i to the Umpired that wo ought f
to reject tbent becmi^e tiu'v ind not a territorial ^
government V Why, .sir, this' is qn way to,deal *?
with human rights? Yoti cannot Uaira fif) be- ^
fore the poopiqy f th^gountry nnd maintain p,
such a position. ?mr rfir rtf war with those uj
iverhsting principles -of limn.in nature, and nn
tuinan freedomwhich no power eon destroy, er
ind which, when taken from a people, are taken e>
>y force, and not bv rig!it..
The senator from Georgia says, it is true there 'J'
I as "he CTi delay and neglect in the organization
if a government for flic people of California. bat fe.
ih.it this has been owing not to her, but toy on, Ufl
ind you, and you. members of this body. lAnd pi
iray, Mr,i Pflfeaidi'ntj what has this to do with the pe
araetieal effect of Congresslonn] inaction ? We to
ire not inquiring into the c.pises of the dissenHons
among senators and representatives, wbich | r.,!
lave produced this unhappy result, but into tHe i b'
ireseiit condition of things, and ihto the effect i '
tvhieh this neglect has produced upbn onr Met- L0
rWin iilinnioitlAnD Wo nrn nr uK 011M K/> Inolr it.*..
ng to the. just dUiras of California and not to j clt
iny restrospcct of our tiwu crrora. The sens- of
inr&ays that those associated with bi:n in his Pn
iews were anxious to establish governments, |.P0
jut that their offers were not accepted. Well, 111
lir, that Is just what members "opposed f<\ his j ^
riewss.iv in return; you are to M ime for this Lj,
Itato of tiling, for yon would not accept the Of- j
ere we in ule of co-operation. I neett hardly | pn
ny that my view* coincide with tljoao of the ?']
icnator from Georgia upon this subject; but t<}
dill f cannot shut my eyes to the f;ict, that, in j
he consideration of the claims of California,
ntftnni roerimiiiathjn here conduces neither lo 811
>ur own harmony nor to her interest; - Jf wte j,
ihould po oh in this way till doomsday', our la>ors
would be ?s barren as thay hove been thus i pe
iir during this session. The true question is,1
vii.it wo ought to do, not what wo hate left un- du
lone, and why we h ive thus left it. , j ;
The senator denies that California is a ?tate ; 1 ?r
chile, for my part. I consider it as trnlv'a State *
s any oho on the (We of the earth. The sens- VV.J
ot from Maine,f Mr. lf.vni.ia,) some tlnioaliK*,
ocaHed a remark upon this subject which , tjn
saves 110 answer to bo desired. Ho said it was po
je.n tint made Sb;fcox; and H i* so?iud trees, th<
or lend, nor gold mines, ^ut men, for whose 1
sc all these (dtjocts were erented. And, as
hterinfT fttto fhi; met iphysics tff this iiMUef, and
d<? the t*TrifU*n of all flie ate* qpttrtkm for
thWi hi port oily may TM"evWkptoefl??p die trans- til4
itiorrof a community from one political condi- ^
ion to another, arid the precise moment?tor dit
dilute* after twelve o'clock, for instance?when h*
** Swsformition
ib complete, let bim,pursue these in*, estimations
who litis a tasto for them. I hare none.
For one, 1 shall deal with4 the principles of our
o#n institution*, and with the rightsM human
nature, in their plain direct application to the
condition of American aocie'y, whenever it may
bff / AtM^^pjpit t*or to.thU iusUiii^.J.tjud that
the Cpftgrpa*of tUo Uuiteil Status has neglected
one Of its uiu?t unportaut and imperative duties,
the institution of n government for California,
n\d having driven the people to do for themselves
what we ought to lave done for them, wo
[live now no right to condemn their course, and
Lo refuse their application, because they did not
;mliMieh m 'IV11 ifeui rat Owcnnmmt, -which rouhi
doth* be tfetdbMshed by tlw authority of Corw
*iimi / ' (>'*i I t \ j
' Mr. BERRIEN". I regret very much to bt unler
the neoeaaity of occupying she' time of the
Senate,' in coneetpience of a casual rel'ereece to the
Senator from Michigan, which 1 could by no pos ibility
avoid,without including that senator in a
general expression which could with no propriety
je applied to hiih, and which, therefore, rendered
it necessary to exclude him from it.
Mr. CASS,.(iu his seat.) From everybody
Mr. BERRIEN. I said, in regard to the sennit
or, ihat it was my belief that, excluding him,
here waa a. general concurrence of opinion in this
dumber, and L might almoin any without it in the
iropohkion which I submitted. Now, the sennor
from Michigan supposes, by a singular thiaijipreheniion,
that 1 have contended that alt any.
ireignty was in the Congress of the United States.
Mr. CASS. Will the senator periuit me, for I
vould not pervert his language tor the world?
ri?? gentleman said that Congress possessed sovireigjitv*
over the Territories,
Mr. llRRKIEN. it ia the most singular niisouception,
I think, that could have presented ittelf
to the mind of so intelligent a'gentleman ns
he senator fYaiuv Michigan. ) said that ti^ese
Territories belonged to the people of the United
hales, in whom the sovereignty, was. I raid
Congress, as the agent of the people, in whom
he eminent domain. was, exercised the sovereign
lower only as a delegation front the people, tyho
ire its source! Transferring tbg attribute ofsov reignty
then from Congress,.wjiyjh. is the agent,
,o the people, wlin delegate the pgyver which 'he
igept exercises, the proposition, I presume, will
ippear auflidenily plain to the senator from Michgait.
And then, when I said that Congrrs-j ex i
cised sovereign powers over the Territories, faptealed
to the history of its action frortj the fnun'duiofi
of the Government to the present period. The
inlinniiee of '87 prescribed a furitt of Government
vhfch Was entirely inconsistent with any thing
ike a right of sell' g ntynmerii in the people vHto
vfre subjected to it. It was a government c.onitituted
of a Governor and judges, and the laws
>y wltieli they were to he governed, wer n o to
te made by themselves, but were such tiHwere_.seeeted
from the neighboring States. Then a p'ro ision
was made for a change of their condition,
ty allowif'g representatives when tlsey attained a
tertairt population t und when they reached a still
renter number, Congrees, in the exercise of1 its
pvdreign power, admitted thein to the privilege
f forming a State constitution. The senator,
herefore-, will see that, understanding my prdpoitlon
in the terms in which I uttered it, the sovrpio^iiftr
I attnlro Aima f'lut* oC "?<* nayvn
iid Af6ortgrelw, as exfcroiiurt?'' it under a delegaion
frrrro that people*of one of its sovereign powrs,
tfnd therefore thai it was not subject to oofecion
on the grounds which he line stated. Cbnress
haB uniformly exercised the power, from ilie
jundation of the Government.
But the Secretary supposed that, although they
nd the right to establish Governments, the],- fad
ot the right to control the individual concerns of
lierGoverrnnent. Well, now they have the power
i establish a Government, sod to prescribe the
*nit (>f its }?<>wer, or they hare usurped power
roin the earliest (ley. As ill the first and eec/uid
Usses of Governments under the ordinance jof
787;, it ia pply U hen we come to the third class
iat w,e gaye lo. them plenary-powers ? but the
una tor well knows that it was coupled in all cases
it!) the assertion of the power of Congress to inirfere
in the individual concernspf tho people
ovei ned, and thai ,was accomplished by the resryutinn
of; the power rendering: null and vpid, if
ley disapprove of it, any act of the Legislature of
te territory, "relating, as their acta must .iieteeijaily
<h>* U? the rights of ,4he. individuals who wore
ovcroed. Congress has eter resetted to itself
le right of supervising tjie legislation of the terriiries,
_ajthough it cdfecctcd their individual c??nschs,
_ Now, it is tip suswqr tp this ,to say that
yngress has uqt exercised th)?t power. The
oWer Wis asserted and exercised whenever C .nress
was disposed to exercise jt. Thejpower to J
Miiroi wie action pi mose WHO nan me rigtit, ecirtling
to the senator, of regulating, the eonfrns
of individuals, was a power to regulate those
The senator supposes the derivation of the
ower to estahlish territorial griveniinents imposes
te limitation for which he contends, and he rem
to niv own argument in relation trt. th'e riglit
f California derived from the necessity of their
mtfifiOnyto- establish a government. Sir, there
a total -'want of analogy between the two, eas^s.
Ire jrower derived from the treaty-making power
establish governments in the territories, is the
ichssary eonse-pienee of the right to use and chy
thnt which we have lawfully acquired;' and
nee the treaty-making power gave" the right to
*piire foreign-territory, then followed, as a tje saarily
attendant on it, (he right to institute govtimehtn
and regulate the disposal of the public
nds. But the senator supposes that in regard to *
ose States which were farmed out oi" "territory ?
;isting?t the time the Constitution was framed, I
at the tveaty'-making power-did not apply. The
nator will,.however, perceive that the principle i
itich i hare stated applies equally to them. The
dinanceof 17S7 was founded upon tt cessirfpito
e ;Congres? of the Confederacy,-hut the prtiiple
in equally, applicable in *h itever manner ter- '
tor y may be acquired. So in respect to the^ePs9)1
made .by die States, while theyeriuld notcrvnr;
power./on; Congress, they could cede th'^ir i
rpidwikm and right to tjie soilyand they could
mfer no title to the property to the United States,
h,ich did pot carry with jl the Tight to govern It.
jiow, as to th . reference to the people of ' Cnlirjiiq.ajnd
their right ltd form, this Constitution,
very one who- hears: nie rnust be sensible that
e senator lips misconceived, and therefore misp
resented ,the -argument- That argument wps
at a right to, form ? Government which rested
i"? +y ?;uqi *>?= IIIMIIVU XJJ |l|ll|. I ftMffcK I iy,
id that being conceded, that a provisional Govmnent
w.ould equally well have answered the
;igency which created the necessity. 1
The senator front.Michigan Jj?sj misunderstood
e point of my remark, as to the individual senars
by whom the Clayton Compromise hill pro>scd
"by the ^enalnr from Wisconsin were dotted.
It was an argument ad hotuint* which I
iod, addressed io those gentlemen who were
easing tl>l3 hill, and was not at nil applied to the
topfe of California, I met their claim of right
demand ft State Government by saying that the
i ve Mexican population, who alone hod saoli
(ht under the treaty, did in no manner d?sire
is Government according to the evidence before
, and that it was distinctly declared in the Conation
whichfornied ihatgovfmment, that it was
t formed for them, but for the American popu:ion.
As to them, the answer was that if they
timed their right to form a Government because
our neglect, this wi\s the result of their treess
on the public dotnaiu, from which theycottld
it deduce the right to say to us, "Ilere wc are
possession 'against vour authority, and now if
ot do not give us in time to suit ourselves o Terorial
Government, we will assume the sover;ntv
and constitute a State.'4 That mi the Alter
I gave to them, and not the fact that our opne.ots
in this case were our opponents before,
leti we sought to give a Territorial Government
California. ,
Mr. CASS. T desire to put myself right upon
e or two points, and then 1 shall abandon the
hjec.t. The senator from Georgia, in Ids expiation
of the word "sovereign," us he employs
says that the doctrine he maintains is, that
ingress may exercise sovereign power over the
rvp'e of the territories.
Mr. HF.RHIEN. That Congress may exercise
f sovereign power which is delegated.
Mr. CASS. You find no such provision in the
institution. To he Una and to the leitimony.
ike rrp the great charier of otir country. Point
s to the clause, if it exist. Yon cannot find (lie
>nf sovereign* nor any power to be deduced from
front the bfcglnniug.lo the end of the CoorUUh
n, Iv is a logical fallucy; it is far worse, it is a
litical assumption to claim for LhisjjGove.rnment
i exercise oT any. powej riot granted by the
inst+lunon, ami to frnrifriPthrt cjaint upon-a hate
?rd employed by ehnwrttary writers upon public
r. The mere attrilHrte of soTpreignty gives
it Tmrhmg. It dors not bcTorij to yrtu " ft l>tiga
to the people at thar*spe<aivie States; and
iy have a riifht u> Exercise or to withhold
eretas any power fairly appertaining to-eMicowion,
agreeably to the utmgo of nation*. If they
ve granted any portion of these attributes tg

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