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denounces the compromise as "a shameless sur- of the State of Alabaroa. The people of that State believe osity or your forbearance.

Concession dever yet satisfied render;" descants upon the “outrage” of the dis- that a fraud had been practiced, and they called for inform

fanaticism, nor has the march of the wrong-doer ever been ation.

What a farce it is to say, you oppose, and still do memberment of Texas; and treats with disrespect

stayed by the sapplications of the sufferer. Siinated as we the same things which the Wilnot proviso proposes to ac- are, tlie impose of manliness is the dictate of prudence. and contempt the counsel that we should take the

complish. Are we to be treated like sick children, who are Our duty and our obvious policy, alike demand that we compromise as “the best we could get. induced to take the medicine offered them, by giving the should meet the danger on the threshold, and full of con

quier there. It is of no consequence by what same you 8. On the 21st of May he replies to Mr. Foote's || pilt a coat of sugar,” &c.

choose to designate your aggression. When a principle is charge of being in association with Abolitionists, See, sir, what a beautifully fine figure he uses

established, which must bring not only poverty but désolo and shows that their opposition to the bill is for for putting the Wilmot proviso upon the South, tion and death to the South, it is iinmaterial whether you contrary reasons.

by the admission of California wiih her constitu- call it abolition, free soil, or, to use the phrase of the Sena9. On the 13th of August, he protests against tion prohibiting slavery, instead of passing it di- tor from Olin, (Mr. Crase,] free democracy; the end in the

same, and so shonld be the resistance also. When the fall the passage of the bill admitting California; re- rectly in a territorial bill.

of the out works must follow the fall of the citadel, be is a peats his position, as being against the constitu- * You will paas the Wilmot proviso, but you come poor commander who hesitates to risk everything in their tionality of the bill; declares that the States are here and pass the same principle which that proviso in- defence. It is so with ns; we cannot yield an inch of sovereign; advocates secession, and declares his volves, and in doing so you violate all precedent since the ground we now occupy, without compromising our safety, establisbment of the Government. And why will you do and what is worse,

incurring the reproach of eternal infamy. allegiance to Alabama, intimating that those who it? Will a single Senator get up and say ihat he would

None but children can be imposed upon by the miserable support the bill are traitors to the South, and vote for the admission of that Stale, were it not for the ex- delusion that abolition will pause in the midst of its sucwould sell their souls to Satan, and betray the istence of slavery in the country? Is there one here who cesses." Saviour himself, if he were to come again on

would be so reckless as to vote for the admission of Cali- “I bave no threats to make-they are out of time and

fornia, were it not for the slavery qnestion? I say it is a place; but I tell you, inore in sorrow than in anger, not only earth, for half the money which Judas obtained.

matter which we ougint to know all about, and I intend to that you must pause, bia that you spust retrace your steps. Such were the positions taken by Mr. JERRY know all about it."

The guarantees of the Constitution must be respected, and CLEMENS, a Senator from Alabama, in the Senate Sir, that is pretty strong language; language

its promises held sacred, or the most weak and timid man

in ihe Staie Impresent would scorn your alliance and of the United States, in the year of our Lord 1850. which I heartily approve. Not being then in pub- shatter your Confederacij. Indeed, I do noi know bout what But, in the year 1851, in the month of December,

lic life, and a mere spectator afar off, I was look- it is now too late, and inät this Union, over which you have Mr. JERRY CLEMENS, according to the speech he ing to the Senator from Alabama as one of our

preached so inuchi, and about which so many eloquent seslately delivered, is an entirely different man, and

iences have been penned, is already at an end." most brilliant leaders. To the great men of the exhibits an entirely new character. In the former South, especially to her Senators, the people of

He considered the Union already at an end. year, he is a State-Rights, Resistance man-in

the South turned with intense anxiety to point the That was upwards of twelve months ago; and yet the latter, he is a consolidation Submissionist; in way to redemption, to honor, and to peace, and to

he is standing here now, after all the measures he the former year, he denounces the compromise as him among the number.

was denouncingare consummated, its ardent chamunconstitutional and unendurable by the South

Now, sir, on the 10th of January the Vermont pion, and calling those who say it ought to be rein the latter, he defends it as constitutional and resolutions came up. These resolutions covered

formed or dissolved bad men. 'I go on: the source of great blessings to the country; in the whole ground of the question of slavery; de.

“Certainly you have severed many of its strongest tie, the former year, he denounces the Submissionists

and but little remains besides that formal separation which nouncing it in all parts of the country; and on to the compromise as traitors-in. the latter, he these resolutions the Senator from Alabama early enough to dissolve it when you coinmenced organized rob

innbittered feelings must soon render a necessity. You did becomes one himself, and denounces the Resistgot the floor, and here is what he says:

beries of our property-when you murdered our citizens." ance men as traitors; in the former year, he des

“I wish to show my constituents that the declarations so Yes, sir, that murder was before the comprocants on a dissolution of the Union, as the “sharp often and so earnestly made, that the North does not intend mise; but now since the compromise, when another and severe remedy”-in the latter, he praises the to interfere with slavery where it exists, is entirely false, Union, just as Mr. Cass and Mr. Clay had done and intended only to deceive. The game has been played

murder is perpetrated in the effort to enforce the before him; in the former year, he treated with

with some success heretofore, and I sbould consider myself fugitive slave law, where is his indignation? very culpable, if I did not now expose it."

Who heard him say in his late speech defending just scorn and contempt the pictures of blood and "The Senator from Ohio (Mr. Chase) says that he is woe which were then portrayed as the conse- not to be deterred, by menaces of disunion, from pursuing

the compromise and the execution of the fugitive quences of the disunion policy-in the next year, the course he has marked out for himself. I have no wish

slave law, anything charging the North? to deter him. I want him and other Northern men to come “You murdered our citizens when you violated every he becomes a picture maker in the same line himself; in the former year, he declares the States

up boldly, and do what they tell us their constituents have constitutional obligation, and forgot every lie which bound demanded."

us together as a people. Reserve then your denunciations of sovereign-in the latier, that they are not sover- “ The South, Mr. President, disclaims the language of disumon for yourselves.” * " However much I may eign; in the former year, he declares that his alle.

menace, but it is nevertheless due to all parties that her have loved the Union, I love the liberties of my native land

deliberate purposes should be known. We do not intend to giance is due to Alabamu—in the latter, that no

far more; and you have taught me that they may become stand still and have our throats cut, because the butcher antagonists--that the existence of the one might be incomallegiance of his is due to her, for she cannot pun- chooses to sooth us with the operation of honeyed words. parible with the other." ish treason; in the former year, he supports secesYou can deceive us no longer by the catch-words "con

He further says, "you have violated every consion--in the latter he denounces it; and crowns the

ciliation and harmony.' Nor can our voices be stilled by the whole by the assertion, that Jefferson, the Virginia fear of incurring the reproach of imprudence. I said the

stitutional obligation and forgotten every tie that other day, and I say now, that the time for prudentinloction binds us as a people;' and concludes his speech, report and resolutions of 1798 and 1799, with has gone by. It is this prudence, of which we have heard which is admirable in its tone and substance, Calhoun and McDuffie also, all denied the right so inuch, that has bronght us to the situation in which we

describing two classes of traitors, as follows: of secession.

It is this constant talk about prudential action

which has induced the people of the North to believe that « There are two classes of these who have brought this Now, the Senate is in possession of what I pro- we do not intend to resist.

Government to the points at which we now stanductuated posed to prove. This is but a synopsis of the po- “ There is a point at which prudence changes from a by very different motives and principles, but equally eurasitions of the Senator from Alabama, ar-) a very virtue to a vice, and it often happens that it is used only as ble, and equally chargeable with the crime of treason to the imperfect synopsis. If the Senate will nilend to

another name for cowardice. It is not to be wondered ät if land. The first is, that band of Northern fanaties who, re

our good brethren of the North have mistaken the one for gardless of right, regardless of the Constitution, forgetful the language l shall read, used by the Scuator from the other, and have thus found courage to persist in a cru- of all past obligations, and of all moral and social ties, Alabama, I think they will find in tlı sequel, that sade which promised to be unattended with danger. I have excited and continued wild and reckless warlare I have not only not overstated ihem, but that I know not if they will thank me for undeceiving them, but it upon an institution of which they know nothing, and whose have not stated his inconsistency in the full force

is my habit to deal plainly with all nien; and I now pro. blessings or curses should have been alike indifferent to which his own words would portray. And if I claim that you have reached the utmost limit to which you

them. The second class is one for whom I have less re

There is a line beyond which you must not pass. spect, and of whom I always speak with less patience. It make all this to appear, as I think I shall, will he You have marched up to it, and now cross it if you dare." is the timid, hesitating, shrinking portion in out osa selnot prove to be a very proper specimen of morality Sir, is not that bold and striking language-lan

tion of the Union who are afraid to march up to the lineand honor, standing up in the Senate of the United

to meet the oppressor on the confines, and hurt him back the guage worthy of a Southern man contending for very moment his footsteps press forbidden ground." States, to arraign the conduct or principles of ihe great interests and the honor of the South? At this time California was not yet in the Union, other Senators ? But, he proceeds:

and the trajtors in the South were the timid and Now, Mr. President, for the extracts to which I have alluded. On the 20th of December—(you

"I do not say this to intimidate. I do not believe it will shrinking who fearesi # resist. Are those less

have that effect. On the contrary, I believe with the Sen- traitors who have submitted afterwards? Where see, sir, he began very early, he could not wait ator from South Carolina, [Mr. Calhoun,) that this movetill other Senators began; he began himself; forement rill run its course, and end, as all similar things have

is the Senator from Alabama now? He continues: ended, in blood and tears."

* “He who cannot most in his zeal for the interests and honor of the

A great poet, in the story of his visit to the infernal renow trace out, step by step, each successive event of the South)-on the 20th of December, before Mr.Clay

gions, gives a description of certain souls which aptiy ap future, has learned but little from the past history of mankind, plies to them. He found them outside the gates of hell, offered his resolutions, he came out in the Senate and is ill fitted to be the law giver of a nation. The North

and says: and offered a series of resolutions calling upon the will not save the Union, and the South cannot; muless,

66 Here with those caitiff angels they abide indeed, we submit to indignities and wrongs of so degrading President for information upon the following sub

Who stood aloof in heaven--to God ontrue, a character as would almost make our fathers burst the jects: First, whether he had appointed a civil and cerements of the tomb,' and come amongst us once more to

Yet wanting courage with his fpes to side.

Heaven cast them forth, its beauty not to stain, military governor for California, since March last; denounce and disown the degenerate descendants who had

And hell refuses to receive them too; second, whether any agent had been sent out to disgraced a glorious ancestry. We know well what we have

From them no glory could the damned obtain."" California to assist in the formation of a State

to expect. Northern demands have assumed a form which

it is impossible for us to misunderstand. First, comes our ex- Sir, according to this poetry, which he applies government; third, how the persons calling them- clusion from our territory; next, abolition in the District to others, if his present position is that of submisselves delegates to the convention were elected,

of Columbia-in the forts, arsenals, dock-yards, &c.; then, sion, he could have no glory with the damned. who fixed the qualifications of voters, and what

the prohibition of the slave trade between the States; and those qualifications were; fourth, whether any finally, total abolition. These results are just as certain,

The infernal regions itself is not a fit place for him. unless the first step is firmly resisted, as that the sun will Mark, Mr. President, I do not myself say that census of the inhabitants of California had been rise to-morrow, and the night will follow his going down. this is his position. I am using the Senator's own taken, and by what law; and, fifth, the instructions Heretofore, it has been pretended that it was not the purpose

words. I will go on with his brave positions, which were given by the Government to the civil

of any considerable body at the North to interfere with and military Governor. On the 7th of January

slavery in the States; but this is an illusion which these On the 11th of February, (for the Senator did

resolutions have come in good time to dispel. I always not on one occasion only thus gallantly arraign these resolutions came up for consideration in the knew it was false; but I did not expect to see the cloak so those who were invading the rights of the South, Senate, and the Senator, in his remarks supporting

soon thrown aside. But even if it were true, I would still their passage, said: say I do not choose to place myself at your mercy. I will

were disposed 10 surrender them; no sir; not exchange the fortifications wbich the Constitution has again and again he couched his lance and dashed “My attention was called to the subject by the Governor thrown around any rights for a frail reliance on your gener- into the conflict; again and again he met the

now are.

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cheerings, not of submissionists and compro- tuted his will for law, and conducted to its final consum- Southern men ask at your hands? Nothing, sir ; nothing. misers here with whom he now stands, but of all

mation a drama of fraud and trickery unparalleled in the Humbler even than Lazarus at the rich man's gate, we have the true and brave men in the South who looked

annals of any land. In other times the actors in these law- appealed to you neither for charity nor sympathy. What

less scenes would have been held to a fearful reckoning; we have once given up, we have never sought to reclaim. here for counsel and guidance,)-on the 11th of but the strength of party ties, and the usual shrinking of Whatever burdens the Constitution imposes, we are willing February a debate arose on the question whether ordinary minds from the face of great dangers has not only to bear. Beyond this, no man ought to go, and no freeman a petition should be received presented by the Sen

dissipated the sense
of accountability, but left it a matter of

will go. doubt whether the Congress of the United States will not “I bave had occasion to say so much in my short service ator from New Hampshire, praying that the Union

assume the act and throw around its own shoulders a man- here of the Union and its value, of the wrongs to which we should be dissolved.' The Senator from Alabama tle more deadly than the poisoned shirt of Nessus. Instead are subjected, and the appropriate remedy for them, that it said, in reply to the avowals of the Senator from of vindicating the majesty of the law, and trampling down is with the utmost reluctance I again approach the subject. Ohio, [Mr. CHASE,) and other Northern Senators:

a dangerous usurpation, we are merely deliberating whether The Senator from Kentucky has favored us with a bloody

temporary quiet may not be purchased by unmanly acqui- and disastrous picture of disunion, and the Senator from « If Senators desire us to believe them sincere in their

escence. I say temporary quiet, because all experience Michigan, a short time afterwards, in a carefully prepared professions of love for the Union, that sincerity ought to be has demonstrated that no weak expedient ever sufficed to speech, followed in the same lugubrious strain. manifested by their conduet. Who has put the Union in cure a serious evil. In political as in physical illness, the * Mr. Cass. There was no preparation on the subject. danger? Not the South, for we have committed ne aggres- cause must be removed before the disease can be eradi- The remarks never occurred to me until the moment they sions, and propose to commit none. We are responsible cated. The admission of California will do nothing towards

were uttered. only for making known our determination to resist oppres- arresting the current of abolition aggressions. It will be re

"Mr. CLEMENS. Well, that is a small matter. What I sion, come from what quarter it may. It is the North, and garded everywhere as an anti-slavery triumph, as one more mean to assert is, that both of those Senators endeavored the North alone, who are the agitators. It is the North work carried, from the

shelter of which the assailing party to impress upon the country the belief that war must follow alone by whom this fair fabric has been shaken to its center; may the more effectually annoy and harass the assailed. on the heels of disunion. Both of them, no doubt, believe and the allegation that there are Southern disunioniste for Yet the Senator from Kentucky says that we yield nothing that such is the case; but in my deliberate judgment all the sake or disunion is an unmitigated calumny which shall by assenting to it. I quote his own language :

that is fancy merely. I cannot see wby war should follow not be pronounced in my hearing without being branded as «Well now, is there any concession in this resolution a separation. On the contrary, I think the good sense of it deserves. If you love the Union so much, cease your by either party to the other? I know that gentlemen who both nations would teach them that if they must part, it aggressions--pause in your efforts to destroy the Constitution, which is its only bond. You need be under no appre

come from slaveholding States say the North gets all that it

had better be after the manner of the Patriarch of old, hensions for the Union, unless your conduct makes its

desires, but by whom does it get it? Does it get it by any

and that each should say to the other, 'Let there be no "action of Congress? If slavery be interdicted within the strife, I pray thee, between me and thee, nor between thy destruction a duty. From the South you have nothing to limits of California, has it been done Congress ? No, herdsmen and my herdsmen, for we be brethren.' But if it fear so long as you do not attempt to perpetrate a wrong.” sir. That interdiction is imposed by California herself.' ); should be otherwise; if war must come; it civil discord [Remember that all this time the compromise is the matter

and paternal strife should mar the beauty of the land, the under consideration.) “I do not misunderstand the policy

Now hear his answer to Mr. Clar:

responsibility must attach not to those who maintain the which causes you to denounce those who defend the rights “I answer, that everything is conceded by the admission of ll right, but to those in whom the dictates of justice have of the weaker section-who have dared to step between California. The whole matter in controversy terminates been silenced by the robber's instinct." power and its victim-as factionists and disorganizers.” at once. The North gets all she ever asked-gets it by the His conclusion is very fine-worthy of a Southern

action of Congress in direct violation of the great legal prin- “I warn them that bloody pictures will scarcely frighten Senator basely assailed and maligned because he

ciple, that the wrong.doer shall not profit by his own wrong. us from our propriety. We mean to defend our rights in.

Who among us does not know that agitation in the State all contingencies, and consequences must take care of themdoes his duty. It is as follows:

Legislatures, and in the National Congress, has prevented selves.” “ For inyself I have a duty before me which can make

Southern emigration to California, and placed the country no demands and impose no risks or annoyances that I am in the power of those who have imposed this restriction?

You see, sir, the Senator was not to be frightpot ready to meet. Anyone may pursue a pathway strewed

Who is there so blind as not to see that this has been the ened by bloody pictures of disunion. At this time with roses: it requires men to tread where thorns and bram

result of aggressions commenced here? And who does not he held them in profound scorn and contempt. bles cumber the way. I expected to be denounced, to be inis

feel that Congress is responsible for the fact, that slavery has But turn to his last speech, which he delivered the understood by some, and calumniated by others l»

been excluded? Property is timid. The slavebolder would That is applicable to myself. I have expected

not carry his property there with a threat hanging over him, other day, and you will see what a sombre pencil

that it was to be taken from him by operation of law, the he uses in the same line. Then, again, speaking that I would be calumniated, as he himself ex- moment he landed. Agitation, then, in Congress; repeated of the Farewell Address of Washington, he used pected to be, for defending the rights and interests declarations, made everywhere--in State Legislatures, in this language: of the South. I am sorry that I must use this conventions, by the press, from the pulpit even that slavery should be excluded from California by law, have deprived

“ It is the constant practice of those who are seeking to language of the Senator as being so applicable to us of our constitutional rights, as certainly and effectually

oppress us, both in Congress and elsewhere, to descant with himself. He says. as any positive enactment could have done. And we are

much pathos upon the Farewell Address of Washington, " Much of this I cannot prevent; but when the charge now asked not only to submit to it, but to accept it as a boon,

and to commend to our consideration his last advice to bis is made here in my presence that I am a factionist, or that and be very thankful for the outrage. Sir, I prefer the Wil countrymen. Sir, the memory of that great man should be those who act with ine are so, I shall repel it in terms that mot proviso direct. I prefer it because it is bolder, plainer,

like the fabled tree in the islands of the East, within whose admit of no double meaning. Sir, I do not believe that and more manly. The robber who meets me on the high

shadow no unclean thing will harbor. His name should be there is a man in the entire South who desires disunion for way and demands the surrender of my property, leaves me

a forbidden word when anything mean, or base, or selfish, itself. I hope, also, that there is not one who will suffer his at least the option of a contest, and is entitled to far more is to be accomplished. Least of all should it ever be quoted rights to be invaded, or his honor tarnished, no matter what respect than the assassin who lurks behind the corner and

to sanction meditated tyranny. He won an immortality of may be the cost of resistance. We mean at all hazards to stabs in the dark. So, sir, he who deprives me of my legal

renown by resistance to oppression. His glory had its birth defend the Constitution. If that is faction, we are guilty. rights by open means, is always entitled to higher respect

sympathy for the wronged, and owed its brightness to If that is disunion, we are disunionists. If that is crime than he who seeks to accomplish the same end by deception

rebellion. If he were living now, his whole history leaves against the Republic, we have much to answer for. and trickery, I hold that whatever opposition is due to the

no room to doubt on which side of this great controversy he “I have heard enough, Mr. President, of hypocritical Wilmot proviso, whatever resistance it demands, is doubly

would be found.” shining about the Union, from those who are its deadliest

due to this scheme of smuggling a sovereign State into the foes. If you want peace, you have only to say so. Let us Union. Very probably this will be set down to the account stitution of California to the Senate, was transmitted

The President's message, transmitting the conalone. We ask no more. Or, if you will not do that,

of faction. It is the fashion so to denounce whatever is said spare us your lamentations. If you are determined to de by any Southern man, which argues truth to his section of on the 13th of February. On the 20th of Februeroy the Constitution, be men, own it publicly, and take the Union.”

ary, on the question of reference, the Senator from the responsibitity. Do not seek to shift it to our shoulders.” The Senator from Alabama is now in favor of Alabama addressed the Senate. It is a labored

Well, sir, that is not all. On the 20th of Feb- the compromise; but in this speech he showed effort to prove that California cannot be admitted ruary, Mr. ClAy's resolutions came up for con- what sort of things compromises have been to the into the Union, consistent with the Constitution. sideration in the Senate, and here is the way he South. He then denounced them all, and the pro- | Mr. Clay had submitted his compromise resoludiscourses about the constitutionality of the ad- posed compromise of Mr. Clay in particular: tions on the 29th of January, and on their characmission of California:

“ The great error, Mr. President, into which the Senator ter the Senator remarked as follows: "If she has a right to form a constitution and State gov

from Kentucky has fallen, and the one to which may be * After all the reflection which he (Mr. CLAY) has been ernment, her right to regulate the subject of slavery is un- traced much that is wrong in his judgment, and all that is able to bestow upon the subject, aided by the resources of questionable."

weak in his argument, is in supposing that there must, of his long experience, and his great familiarity with difficult But he shows thai, having no law of Congress

necessity, be a compromise. The Constitution itself is a questions in trying times, he has been able to suggest no

compromise, and a compromise with a compromise is remedy which does not recognize the right of aggression on authorizing her to form a constitution and be a State, something unheard of in law, and unknown in équity. If the the one side, and demand an unconditional submission on she was no State. He goes on as follows: people of the North will not abide by a compromise delib- the other. He has submitted for our consideration a series «No territorial government was ever established in Cali

erately made, and created by common consent into the of resolutions dignified with the name of a compromise,' fornia. The people who framed its constitution were not

paramount law of the land, what hope can we have that but which, like most other compromises between the weak

any less solemn covenant will restrain them in future? We and the strong, is little better than a cloak to hide from the inhabitants, in the legal meaning of the word. They were

want no compromise. A bond has been executed, and we public gaze a hideous wrong." * “He comes forward composed of Indians, Mexicans, and a wild band of adven

are willing to abide by its terms. If we are to go on com- now with a compromise which concedes everything deturers from every quarter of the globe, allured by the Just of gold to the shores of the Pacific, many of them without

promising away provision after provision of the Constitu- manded by the North, and proposes nothing for the satis

tion, it is better that it should be abrogated at once. In point faction of the South but the reassertion, in less solemn a permanent residence anywhere, and four fifths of them of fact, it is a nullity, or rather, to speak more correctly, it form, of rights already guarantied

and admitted.” without the remotest intention of remaining in the country is powerless for protection, and potent only when it comes whose organic law they undertook to establish. to aid Northern aggressions.”

On the 8th of May, the Committee of Thirteen "I do not speak without authority upon this point. I have bere the message of the Governor of California, who, Here he says, that the Constitution is a nullity | made their report. The Senator from Alabama

and something worse, because it is actually an in- | report and the resolutions offered by Mr. Clay on it is to be presumed, is acquainted with the character of the population of which he is the chief. He describes them as strument in the hands of the North by which the the 29th January, were the same in purport; and follows: Already we have almost every variety of the South is oppressed. “Let me illustrate my on this ground 'he rebuked Mr. Mangum, for

human race among ug-a heterogeneous mass of human
* beings, of every language and hue.
meaning," he says, and he illustrates as follows:

intimating an acquiescence in the compromise « Yet theee persons, not citizens of the United States, * The majority claim a given power, (no matter how exowing no allegiance to this Government, not speaking our travagant, and no matter whether it relates to slavery or

measures: language even, or understanding our laws, undertake to not ;) the minority deny the existence of any such power. “I ask,” he exclaimed, " in all sincerity, and with an erect a sovereign State out of our public domain; and with After months, or it may be years, of fierce struggles and anxious desire to be corrected if my impressions are erroa cool impudence which almost commands admiration, call contentions, it is acceded to, and one half is given up. In neous, what is this report but a repetition of those resoluupon us to sanetiou their action, and give validity to a most a little while another contest is begun for the remainder. tions? Where is there a solitary deviation from thein in extraordinary usurpation."

Another compromise follows, and another half is yielded; any vital point? The Senator from Kentucky (Mr. CLAY] rrorn duties. I am not here to compromise away the pro. mise when taken separately has moet the strong and decided such an assumption. The law is plain and dear--indivisions of the Constitution.”

and so on, until the stronger party gets all it demands. has been consistent; he has abided by his original plan; and «In California no census has been taken; there is no Sir, I want no compromise of this sort. I stand upon the those of us who denounced it then, cannot support it now, law fixing her boundaries; no law regulating the time, Constitution. If a reckless and unprincipled majority and claim the merit of consistency. To do so, would be places, and manner of holding elections; no law to deter- choose to violate that instrument, there is a remedy sharp ll giving the lie direct to the declarations we then made." ** mine the qualifications of voters; no evidence and no reason and severe, it is true, but just and inevitable in its appli- The Senator from North Carolina speaks of liberality of co believe that she contains a free population equal to the cation.

the propriety and necessity of liberality! Sir, the Constitupresent ratio of representation. A military governor, acting " What, Mr. President, have we to compromise? What tion is not a thing about which we are at liberty to exercise under the order of the President, usurped the power of Con- have we demanded? What favor even have we asked? that very commendable quality. It is not in my power to press, directed the mode or manner of proceeding, substi- Tell me, you who talk of compromises, what is it that exercise liberality here. I have no right to trite with my

disapproval of the senator from Mississippi. What heal- viduals, not States, are the subjects of coerrion. If any

ing virtue there is in tacking thein all together, I coufess State should secede, let him, if he dare, attempt to ensplay See with what sternness and consistency he

myself wholly unable to comprehend. Not long since he military force to compel ber return. He will soon find, in vindicates the rights and honor of the South. Not declared that the admission of California would dissolve the that event, that he has more than a State to deal with, and content with defending his own position, he at- Union in six months,

that the powers and resources of this Governent are tacks the enemies of the South, as he supposed

“ A few more words, Mr. President, and I am done. I wholly inadequate to the tasks he has undertaken. The

am told I ought to take this bill becanse it is the best I can Federal doctrine, that all power lodges here has been some them to be, who were willing to surrender her

get. Sir, I do not know that; but if I did, the same argu- what widely repudiated; and the denial of State orereignrights and honor. But he was not content to as- ment might be urged with equal force in favor of uncon- ty, either North or South, can bring to the Executive notásail the Senator from North Carolina alone. No, ditional submission to any wrong ever perpetrated by the ing but contempt." sir; he turned upon the Senator from Mississippi i this, tha an American Senator is to ask himself not whether

Mark how he speaks of State sovereignty-that (Mr. Foote) also, and portrayed his inconsistency

to deny State sovereignty, can bring nothing, exactly as I am doing now to him, (Mr. Clem- it is the best he can do? Not whether he will consent to either in the North or the South, but contempt. ENS.) He took all the speeches of the Senator wear chains at all, but whether the links are to be round or

I will afterwards show you that he denies that square? Not whether he will bare his shoulders to the lash; || the States are sovereign at all, in the speech delivfrom Mississippi, and convicted him of the grossest

but what is the color of the cow-hide with which they are to inconsistency, and as Mr. Foote understood him,

be inflicted ? Sir, when I consent to ask myself such ques. ored here the other day. He continues: denounced him as a traitor. Previously, when tions, I hope the walls of this Capitol will fall upon me and

“I hold that my first allegiance is due to my State ; ani coöperating in the great cause of the South to- crush me. When I stop to inquire into the degree of op

that treason cannot be committed against any ponder while gether, he had paid a very high compliment to the pression, rather than the fact, I shall feel that degradation

obeying her mandates. Such opinions have recently been has reached its lowest deep, and existence is but the priviSenator from Mississippi, which I will read. He lege to be infamous."

unsparingly denounced; but let me warn those who resort and Mr. Foote had been attacked by some letter

to such weapons, that they may be used by more than one

This is proud and noble language, worthy of a side. There are more traitors than traitors to the writers whilst standing forward as the gallant true Southern man and a Southern Senator, on

Union." leaders of the South. They were the Diomedes,

the great question whether the people of the South There are more traitors than traitors to the sir, in that contest, although we had a Ulysses,

were to be turned out of a domain richer than Union ! He means, I suppose, that those Southand stood in the foremost rank of our combatants.

Ormus or the Ind. Alas! where is he now? ern men who supported these compromise measOn the 11th of February, in the debate on the pe- Upon his charging upon Mr. Foote his inconsist- ures on this floor, and asserted that if a State tition presented by Mr. Hale praying that the Union should be dissolved, the Senator from Ala

encies, and virtually calling him a traitor worthy should secede, it was treason-were traitors thembama said:

to have the Capitol crush him as a base, vile thing, selves. Mr. Clay had made this assertion, and

unworthy to live and scarcely to die, Mr. Foote, even expressed the hope that they (the secession“But recently I noticed that some small-fry politician, whose name I do not remember-some minow in the waters

with his usual adroitness, turned round and ists) might meet a traitor's doom. It was in reply of Pennsylvania politics-electrified his little auditory by the charged him with abolition affinities, precisely as to that position, I presume, that the Senator from declaration that he had just as much respect for Wilmot as he (Mr. CLEMENS) did towards me the other day, || Alabama uses this language: for CLEMENS or Foote. I hope the Senator from Missis- when he drew his picture of the scene in the Sen- " Sir, I impugn no man's motives who lets mine alone sippi will survive this assault, and that he will not drown

ate Chamber. Now, here is his answer to Mr. I question the purity of no man's conduct who does not hiinself in despair. I venture even to hope that he will not

provoke retaliation by assailing others; but when men is be silenced by it. The South has yet much need of my Foote, which I will give as the best answer I can

limate that obedience to the mandates of my State is treshonorable friend. His genius, his talents, his energy, his make to his charges against me:

son, they must expect to hear in return that, in my opinion, readiness to defend the right, his fearless denunciations of

« The Senator says he will not respect the propriety of

there are those in this land, and about this Capitol, who the wrong, bis unrivaled powers of sarcasm and invective,

his course until he finds himself in company with Free-Soil- would sell their souls to Satan for the privilege of having a are ench and all familiar acquaintances, with which I

ers and Abolitionists. Ab, sir, is that the rule by which he hand in president-making, cabinet-making, and the sub should be very unwilling to part at a crisis likethe present."

juilges of the right and wrong? Does he proposé to inquire sequent distribution of the public offices. There are those There was a crisis occasioned by the preten- who is for a measure and who against it, before inaking up

who would sell their Saviour, were he again upon carth, sions of the North to exclude us from all of our his mind as to its justice? Sir, he ought to bear in mind, for half the price that Judas accepted to betray him.

that some of those with whom he is now acting are not al- * Denunciations, fir, are weapons that two can use and i? territory, and

these Senators stood side by side, together free from the same taint. It may, it will be, that on any one expects to employ them against me with impunity, denouncing Mr. Clay and Mr. Benton, and all the final vote I shall find myself in company with some of he mišcalculates sadly the character of the man he assails. those in the South who were in favor of the ad- those he has inentioned; but if he does not understand the “I have said all I think it necessary to say. I did not mission of California into the Union, with her anti- reason, I can explain it to bim in a very few words. They de- mean to argue the bill here. I shall, if necessary, argue li

mand the Wilmot proviso direct: the bill the Senator favors at home." slavery constitution. But when Mr. Foote went

only proposes to give it to them covertly. They demand one for the admission of California, and supported the half of Texas; and the bill only gives them a little more

Sir, he did argue it at home. He became a subreport of the Committee of Thirteen, the Senator : than one third. They demand that fugitives shall not be

missionist, and did all he could in his State to quell from Alabama stood out against him manfully,

given up: the compromise only throws around the master the proud spirit of resistance he himself had con:

the shackles of a trial by jury. Hence their opposition. and arraigned his consistency. If I had known

tributed to raise in Alabama. After all these brave Mine arises from the fact that too much is conceded. The of these speeches when Mr. Hoote assailed me the Abolitionists proposes to enslave us at once; the compro.

and sounding words and fiery resolves, he repeats other day, I might have read them as my best mise arrives at the

same end by a more circuitous route ! the course he had pursued in Alabama, and here defence, for then I should have better shown his

shall resist both; but, if the truth must be told, I prefer the in the Senate advocates the compromise from inconsistency and treachery. The Senator from direct to the indirect attack.”

beginning to end-goes for submission utter and Alabama denounced the compromise as a "shame

Mr. President, when the bill admitting Califor- entire--and denounces those who will not follow less surrender," not a compromise, and the dis- nia into the Union finally came'up on its passage, his downward path in submission as traitors. memberment of Texas, which it proposes, in the the Senator from Alabama entered a protest, not He at first denounced on this floor those wha following strain:

a speech; he called it a protest against her admis. went for the compromise as traitors, whilst he held “It is well the Senator (Mr. Foote) informed us that he

sion. He fought to the last, and although van- forth defying resistance; now, he wheels round bad no regard for consistency."

quished, he held his proud crest still higher, breath- and denounces those who propose only to folWhen a man says he has no regard for con

ing defiance to our foes. He then reiterated his | low his brave counsels of resistance as traitors, sistency, it is very much like what Dogberry says objections to the bill as strongly as he had done because they will not bow to an ignominious sur of writing himself down an ass. There may be a

render-to a gross outrage, as he characterizes it, want of consistency, perhaps, without fauli; but

for his new doctrine of squatter sovereignty in they are traitors. What can censure from such to say that he does not regard consistency, is a

terms of great severity, and told him he had been a man be worth? In denouncing others, he but proof of gross moral deficiency: deceived as to his views in Alabama, and had been | denounces himself, and stands forth self-convicted

. “He proposes now to cut off ten degrees of latitude from

the instrument of deceiving others. He had sup- I come now to the speech delivered here the the State of Texas-enough for three free States---which

ported his views in his construction of the Nichol- other day, the last in my series of proof. I will we have his authority for saying will be infallibly subject to son letter as consistent with the rights of the show you what Mr. JERRY CLEMENS, Senator the Wilmot proviso. He proposes, further, to tax us ten or South. He concluded in the following solemn | from Alabama, is, in December, 1851. I here fifteen inillions of dollars for the privilege of making them free States, and adding to the vast power now threatening strain:

read to you the first paragraph of his speech. In to crush us; and then, by way of adding the most galling “Mr. President, other Senators have spoken of the prob- a subsequent part he approves the whole comproinsult to the deepest injury, he demands that we accept this able action of the states they represent upon the passage of mise. He says: outrage as compensation for the admission of California.” this bill. I do not know what Alabama may do. That her He denounced also the admission of California, action will be characterized by wisdom and firmness, I have

“Mr. President, it was not my fortune to agree with those not the least doubt. I am not here to dictate to her what

patriotic men who framed the compromise. I doubted is and shows Mr. Foote's inconsistency on this she ought to do. I am the servant, not the leader of her

healing effects; but even when differing from then, I re. point; and in reply to certain letter-writers, who people. Whatever they do, I shall do in despite of Exeeu.

spected their motives, and felt that Rome, in its proude! had said that Mr. foote's national reputation would tive menaces, and of all the bloody pictures other hands

day, never assembled'a Senate of loftier intellect or puter may exhibit to our view. Born upon the soil of the State

patriotism." not allow bim to be ultra, he observes, as follows:

wbile it was yet a Territory, we have grown up together. “ It may not be amiss, bowever, to say a few words of Time after time she bas committed her interests to my

Why, I thought he had denounced those Serrthis thing called national reputation. It is something I hands. Again and again she has trusted and promoted me;

ators who voted for the compromise as men who value very lightly. We all know a process by which any and I recognize no allegiance to any power higher than I

would sell their souls to Satan for office-who of us may secure it. It is not even beyond my grasp. I owe to her. When she commands, I will obey. If she would sell their Saviour for half the price Judas should only have to turn traitor to my convictions of duty, I determines to resist this law by force, by secession, by any and abandon the interests of the South, to change entirely

received. He continues: means, I ain at her service, in whatever capacity she dethe notes of that whole pack of curs who are now yelping sires to employ me. If this is treason, I am a traitor- “But now, sir, when the work is accomplished, and its at my heels. Sir, I want no national reputation, purchased traitor who glories in the name."

good effects are visible everywhere, I bow to their superior at such a price. I spurn it, as I would any other foul and loathsome thing."

Is not that in a noble strain? I have no doubt wisdom, and ask only the humble privilege of assisting to It is not at all surprising that Mr. Foote should

that there is not a heart here which does not glow consider the above language as charging him with rifice and devotion to his native State. He con Claims it

, the Senator from Alabama had better

: at this high and brilliant annunciation of self-sac- timation, rather than make the speech which pro

It is indeed an "humble privilege." In my es being a traitor. In conclusion, he speaks in the

tinues: following strain of Mr. Foote, and his position,

like Cranmer, have put his hand into the flames that we should take the compromise as the best | Governor of Texas, has assumed the right of the Govern

“I know, sir, that the President, in bie late letter to the

and have it burnt to ashes. we could get:

He formally denounced the admission of Call"I have now shown that every feature of this compro- thing in the Constitution--anything in the laws--to justify lifornia as unconstitutional. In this speech he now

he says:

affirms that it was constitutional. I will read what | been so, or she could not have been admitted. I a court of justice in open day, with all the guards

hesitate not to say that if she had not been a State and sanctity of justice around it? Does he know " the Senator from South Carolina (Mr. Ruett) says it would have been a gross violation of the Con- of any law of the land where those who go to the admission of California was unconstitutional, because stitution to have admitted her into the Union, enforce it are deliberately murdered? and every the Constitution provides only for the admission of States. Ir I had not heard this same argument advanced at home

You, Mr. President, never supposed, when you criminal, without any exception, from Massachuby abler men than the Senator, I would not hesitate to pro

came her to represent her as a State, that she was setts to Pennsylvania, have all gone free of punnounce it pure nonsense. The Constitution provides only a Territory: No, sir. The Senator from Ala- || ishment? Whiy, it seems that just in proportion for the admission of a State. True; but it is the act of ad- bama does not know the birth of his own State. | as time develops the fact, that the South has obmission which makes it a State. Some thirty-three years

How could the admission of Senators here make tained nothing by this compromise—that so far ago, you, sir, were sitting in a convention in the then Territory of Alabama, framing a constitution upon which you

a State? Unless the people had previously organ- | from having gained anything, she has only earned askerl to be admitted into the Union. Did you imagine that ized the State, no act of Congress admitting them contempt--the sympathies, the feelings, and the you were committing the folly of asking that which Con- as States could make them such.

support of some southern men seem to cling closer gress had no right to grant? Suppose some wiseacre had risen in that conventiou and informed you that the Consti

I think, then, the argument of the Senator in fa- to its support. The worse it is, the more they love tution provided only for the admission of States-that Ala- vor of the constitutionality of the admission of Cal- | it. The more they are degraded, the more they bama was a Territory, and therefore could not be admitted ifornia, is not of great potency. It is based upon humble themselves. I see that, according to the into the Union-what would have been your opinion, not a denial that the people of his own State, were the merely of his constitutional learning, but of his common

census returns for the year ending the 30th of sense? From that period to this, with only a short inter

authors of their own rights and liberty. They || June, 1850, upwards of 1,000 fugitive slaves es mission, you have held a seat in this body. Has it ever oc

owe their existence, not to their own volition, but eaped to the North from the South. That amounts curred to you that you were here unconstitutionally, and to others. Let him glory in such a parentage for to $8,000,000 worth of property at the market value that in the very act of taking your seat you violated the in- his State, if he pleases. He must be hard driven of slaves. Maryland alone has lost 379 fugitives strument you were sworn to support? There are but three cases, I believe, in our history, in which States have been

for an argument to sustain his new position. After during that year. How many fugitives slaves who advaitted into the Union-Vermont, Kentieky, and Texas. | affirming that the admission of California was have thus fied to the North, have been rendered All the rest came in as Territories; and if the position of unconstitutional, he resorts to these expedients to up? Whenever one is recovered by stealth, by the Senator from South Carolina be correct, the early fathers I prove the contrary, and to nullify his own previ- | connivance, or assent, (for some of them come of the Republic, the framers of the Constitution, knew nothing of the fundamental law they establtshed. But, sir, while ous arguments.

back of their own accord,) it is heralded forth as the Senator from South Carolina denies to California the As I said, he now supports the whole compro- a great proof of the enforcement of the law; but right to come in because she was not a State, he yet con- mise. So staunch is his adherence, that he even how many of these 1,000 slaves has the law retends, with that remarkable consistency which characterizes many of the opponents of the compromise, that Mis

says he would not repeal the law by which the stored ? Not one, probably, in one hundred. Yet, soun did have that right. Now, sir, the only difference slave trade is prohibited in this District, under the just at this time, when the census is printed, showbetween the two cases is, that Missouri had a regular terri- penalty of emancipation. But the dangerous fea- | ing our condition in relation to this law-when the torial government, and California never had. But they were ture in this bill-all that the South cared to oppose || North everywhere trents this feature of the comboth Territories nevertheless, and neither could ever becorne anything else without the assent of Congress. The

was the usurpation on the part of Congress, of the promise with demonstrations of defiance and conpeople of both adopted a constitution, and sent it here for

power to emancipate the slaves in this District. tempt—it is at this time, that a party rallies in the approval; when approved, they both became States, but not !! That is what we objected to in that act. Yet the South, and goes for the compromise! the comuuti) then."

Senator says he would not vote to repeal this act. promise! everything for the compromise! As my Now here is his affirmation that California was He is willing to let the legislation by which slaves distinguished predecessor said in his dying moconstitutionally admitted, because, as he argues, are emancipated in this District remain to be ap- | ments, "The South! the poor South! God knows she was admitted precisely like other States; plied in future, by the same course of reasoning, | what is to become of her.” they were Territories as she was, and the act of to the States. He is certainly enamored of the I have read to you extracts from the speeches of admission made her a State. All the other States, compromise.

the Senator from Alabama, to show that he not Alabama included, were Territories when they He becomes, too, an apologist for the manner only advocated resistance and secession, but said, were admitted; so California, being a Territory in which the fugitive slave law is executed. Here that if a State seceded he would dare the Governwhen she was admitted, was admitted as consti- are the meek, and comely, and honeyed words in ment to interfere. Now, what do you think he tutionally as they were admitted. There is the which he apologizes for the execution of the act. says in the last speech of his, to which I refer? argument. I have in my hand the act of Con- He says:

He denies the right of secession; and he denies it gress admitting Alabama as a State into the "That it has been occasionally evaded in other places, | first on authority, and then for reasons. I will Union. The truth is, Mr. President, and you

is true; and that in some instances it has been resisted by read his authority: kuow it very well, no Territory has ever been ad

violence, I do not deny. But that was to have been exmitted into this Union as a State. In every in- ! country like ours! No man ever believed, when this law

*We are told that authority for the right of secession is pected. It is so, and always will be so, of all laws in a

to be found in the resolutions of 98 and '99. So many inen stance the course pursued has been this: Congress was passed, that it would be executed in every instance.

have sought to sustain absurd theories by referring to these passes an act authorizing the people in the Terri- No man ever believed so of any law framed by the wisdom

resolutions, that I presume we ought not to be surprised tory to auupt a constitution and form a State. faithfully as other laws. Occasional failures by no means of man. It is sufficient that this law has been executed as

even at this last and weakest attempt of all. Nor in this

age of progress is it to be wondered at, that the wisdom of The people get together, make a government, warrant any one in asserting that it is in effect a dead letter. the disciple should far outrun that of the teacher. Jolin C. adopt a constitution, put the machinery of their There is not a law upon our statute-books which is not

Calhoun and George McDuffie examined the resolutions of State government into operation, and apply here

sometimes evaded. There is not a year in which criminals '98 and 99 for the right of secession, and could not find it. for admission as a State. They are States, and do not exeape the penalties prescribed by the law against

They found, as they thought, nullification; but nullification murder; but that is no reason for the repeal of the law. It

is itself a denial of secession. We all know that some of they come in as States. Under the clause of the is better that the life of the citizen should be imperfectly

the ablest efforts made by both of these great men, was to Constitution authorizing Congress to admit new protected than not protected at all. So in the present case,

establish that nullification was the rightful remedy." States into the Union, their territorial garb is

ir the law does not secure the certain

return of every fugi- of Mr. Calhoun he said: thrown away, and they come here robed in all the

tive, it does as much as any human law can do; and I can
construe in but one way the conduet of that Southern man

"Sir, I believe I loved him better while living, and redignity of free and independent sovereignties. who desires to continue agitation about it."

spect him more now, than any one of thosc who make use Alabama, the Senator's own State, was admitted

of his name to give respectability to treason. He was never

His assertion is, that the fugitive slave law has in that way. The act of Congress passed for the been enforced as well as any other law-as laws

a secessionist, and I am authorized to say that the proof

will before long be given to the world. He regarded the admission of Alabama, begins thus:

against murder or theft. Now, what is the fact? attempt of a single State to go out of the Union as madness, * That the inhabitants of the Territory of Alabama be, Just about the time when the Senator was deliv- , and died in that opinion." and they are hereby authorized to form for theinselves á constitution and State government, and to assume such

ering his speech, the Christiana rioters were hav- Here is the assertion that the resolutions of name as they deem proper; and that the said Territory, ing a glorious triumph in their unanimous release | 1798 and 1799 do not sanction secession. Now, I when formed into a state, shall be admitted into the from its penalties. The murder of a citizen of understand there is a proposition in circulation in Union upon the same footing with the original states in Maryland had been consummated under this very the other branch of Congress amongst members to al respects whatsoever."

act, in the State of Pennsylvania. Yet, when in print the Virginia report and resolutions of 1798 They agreed to form themselves into a free and my speech I ventured to suggest that not a hair '99, and by circulating them, let the people judge independent State, and they did so. So it was of the head of one of these Christiana rioters would for themselves what are the doctrines they contain. with Missouri. Here is what the people of that be touched, the Senator from Pennsylvania (Mr. Will the Senator from Alabama subscribe or not? State did:

BRODHEAD) rose and intimated that I cast an as- If he will not subscribe, I will subscribe a thou** We, the people of Missouri, inhabiting the limits persion on his State, and broadly maintained that sand copies for him, if he will promise to frank bereinafter designated, by our Representatives in Convention assembled at St. Louis, on ihe twelfth day of June,

his State was true to the Constitution, and would them to his constituents, and by this means he 1ewo, do mutgally agree to form and establish a free and

enforce the laws. He feared rather that the inno- will show his sincerity and put down secession. independent republic, by the name of the State of Missouri ; cent would be punished than that the guilty would | Sir, they do advocate secession, because they do and for the government thereof do ordain and establish this escape. How stands the final result? Every one advocate State sovereignty. They deny what he constitution.”

of the Christiana rioters have been released from affirms, that the Supreme Court of the United Missouri was a State; Alabama was a State; all penalties, and released in such a form and man- States is the arbiter between States. They affirm, and all the other States that have arisen from

Ter- ner, that I saw in the “Union," the other day, a that each of the States has a right to construe the ritories were full sovereigpties when they came letter from a Virginian, inquiring whether there compact of the Constitution existing between to be admitted into the Union. How was it with was such a thing as getting back a negro at all in them, and construing the compact, they have a Missouri? Missouri adopted a constitution in the free States? The writer said that there were right to determine whether it has been violated, 1820. She was not admitted, I think, until 1822. a great many people in his part of the country and the mode and measure of redress. These are Where was she, then, before she was admitted who desired to recapture their slaves, but from the the positions assumed in the report and resolutions into the Union? She had all her officers in full appearance of things, from the release of those of 1798 and 1799. operation--her executive, her legislative, and her | men in Pennsylvania, it seemed to be hopeless for The only difference between the Republican judicial departments of her government organized. And was she not a State? could she not have re

a Southern man to attempt to reclaim his slave. party and South Carolina in 1832 and 1833 as to

That was published here not a week ago; and yet nullification, was this: The Republicans in Virmained a State? Was not Alabama a free and the Senator from Alabama says, that this law has ginia and elsewhere maintained that the resolutions independent State, as her constitution affirms, been enforced as well as other laws. Did he ever of 1798 and '99 affirmed secession; we maintained when she applied for admission? It must have li hear of other laws where a prisoner was rescued in that they affirmed nullification. They said we

pen court."

could not remain in the Union and nullify its laws; punish treason which the Senator says the States her. Let any man within her limits take up arms but that each State had a right to secede from the do not possess. If this is true, I will give up the against her, in obedience to any power-there Union as a consequence of her sovereignty. There question; and I will never again open my mouth stands her statute; her incorruptible judiciary; her is really no incoinpatibility between these posi- in defence of State sovereignty and State rights. || Executive armed with the sword of authority to tions. They perfectly harmonize. If a State has If a State cannot punish treason, it is clear it can- protect her sovereignty. Their fate will be death. a right to nullify, it has a right to secede. not be sovereign. The very definition of sovereign- Mr. President, I am exhausted; and I presume

But the Senator says that John C. Calhoun was ty is supremacy. Its duty is protection. The that the Senate must be fatigued from the length not an advocate of secession; and that it will soon duty of the citizen is allegiance; and treason is a of time I have tried its patience. I have here bebe proved by somebody that he denied this right violation of allegiance. If, therefore, a State can- fore me many other points in which the inconsisin a State. On page 301 of Mr. Calhoun's late not punish treason—if it cannot punish a violation tencies of the Senator from Alabama are exposed, work, the Senator from Alabama, if he ever reads of allegiance there cannot be such a thing as State and which I promised to expose. I must leave it, will find these words:

sovereignty. But how stands the matter? The them to be read and compared, as they are con“ That a State, as a party to the constitutional compact, Senator is altogether mistaken in his assertion. || tained in his last speech. His inconsistencies has a right to secede, acting in the same capacity in which

His own State constitution has a clause punishing with respect to the dismemberment of Texas-his it ratified the Constitution as a compact, cannot, with any treason, which I will read to the Senate. In the beautiful picture of the blessings of the Unionshow of reason, be denied by any one who regards the Constitution as a compact. This results, necessarily, from

constitution of Alabama, the sixth article and fif- and his tragic delineations of the horrors of disthe nature of a compact where the parties to it are sover- teenth clause reads:

union, I must leave unquoted. I turn, in conclu. eign, and of course have no higher authority to which to appeal."

“Treason against the State shall consist only in levying 1 sion, to a public matter which has lately come to These are the words of Mr. Calhoun, holding

war against it, or aiding or adhering to its enemies, giving light in Alabama. It has been in the public prints

them aid and comfort. No person shall be convicted of for many weeks, and I have not seen it contrahis dying pen; and if he had said anything else he treason unless on the testimony of two witnesses to the

dicted. I take it to be true. It may go far to would have belied all his doctrines and his intelli- same overt act, or his own confession in

explain the inconsistencies of the Senator from gence itself. Let the man step forth who will There is the constitution of his own State, upon Alabama. prove that Mr. Calhoun was opposed to secession. which she was admitted into this Union; and that It is well known that when that Senator was I hope the Senator will soon bring him out into constitution distinctly affirms that she has a right elected to his seat in this body, he was elected by open day. That man does not live who will ven

to punish trenson, and therefore that she is sover- the Whigs. The Democratic party, by an overture to attempt to prove that Mr. Calhoun falsified eign. I have not looked into the constitutions of whelming vote, I learn, nominated his competitor, his own great work by contrary opinions; and, all the States; but in the constitution of Missouri, Mr. Fitzpatrick, to be their candidate for the Senmark what I say, if he does live, and ever had (13th article, 15th clause,) there is the same pro- ate. The Democratic party had a majority in the any such design, he will never lift his head to as- vision; so in the constitution of Kentucky, (6th Legislature; but a few of the gentleman's friends, sert it. Mr. Calhoun was surrounded by too article, 24 clause,) Indiana, (article 11th, clause in combination with the Whigs, elected him to his many friends when living, to be abused by his en- 2d,) Louisiana, (title VI, article 90,) Mississippi, | present place. I hold in my hand the statement emies when dead. He has sons who regard the (article 7, clause 3,) Florida, (article 16, clause 4,) of Judge Buford. You know the man, Mr. Preshonor of their parent, and who will protect his Arkansas, (article 9, clause 2,) Texas, (article 7, ident; and a more honorable and truthful man name and his reputation. And let the slanderers clause 2,) Wisconsin, (article 1, clause 10,) and does not live within the confines of Alabama or stand forth and dare to say, that in defiance of his last of all, Iowa, (article 2, clause 16.) Every one the South. I know him also, sir; and I suppose whole course of life, and his last written work, he of these-all of them new States have been ad

his veracity and honor would not suffer in comdenied the right of a State to secede; let them come mitted into the Union with this clause in their con- | parison with that of any man on this floor. Here forth if they dare.

stitutions, in which they assert the right of pun- is a statement he has placed before the world. He Sir, neither Mr. Jefferson, nor Mr. Calhoun, ishing treason, and, consequently, the right to the was a Senator at the time in the Alabama Legisnor Mr. McDuffie, nor the resolutions of 1798 and allegiance of their citizens, of which treason is the 1| lature: 1799, deny the right of secession. I will not say violation. Look at the construction these facts

“On the night before the final balloting by the Legislatore anything about Mr. Jefferson. His most malig- | afford. Congress, at every successive act approv- for a United States Senator, a caucus of the Whig members nant enemies—the consolidationists and abolition- ing of these constitutions, indorses the right of was held, at which it was announced that Mr. Clemens ists-dare not attribute such a sentiment to him. the States to punish treason; and therefore affirms

had verbally pledged himself, if elected, to support the Ad.

ministration of General Taylor. Objections were made by John Quincy Adams, holding the pen and describ- the sovereignty and independence of the States.

members of the caucus to receiving a verbal pledge, and it ing Mr. Jefferson's opinions, could not so stul-That is in perfect consistency with the Constitu- was insisted that it should be reduced to writing. Accordtify himself as to do otherwise than acknowledge tion of the United States. That Constitution says, ingly, soon aster, a small strip, containing a written pledge, that Mr. Jefferson maintained the right of a State that treason against the United States shall consist

was brought in the caucus by Mr. Rip Davis of Limestone. to secede from the Union. Consolidationist, as he

It was nearly or exactly in these words: in levying war against them, and in adhering to "If elected to the United States Senate, I promise to was, he had too much integrity and honesty to their enemies, and giving them aid and comfort. support the administration of General Taylor. falsify the opinions of a dead statesman. These " Their enemies” enemies of the States. The

JERE: CLEXEXS.' are the authorities of the Senator from Alabama; Constitution itself describes the States as sover

"It was further stated by Major Buford that he had seen and now let me come to his reasoning, which is eigns, against whom treason may be committed

the written pledge, and that it was represented and believed

to be in Mr. Clemens's handwriting.” just as conclusive as his authorities. He says: in their united capacity. And when, afterwards, "I apprehend, Mr. President, tirat a great deal of the Congress approved the State constitutions, in which

Another Whig member of the Alabama Legis. misapprehension which exists in relation to this matter treason is defined, and a power is expressed to

lature, who was in the caucus, comes out with a grows out of the too loose application of the word 'sover

statement confirming that of Mr. Buford. Here eign' to the States. We speak habitually of sovereign punish it against the States, it is in perfect harmony States ; as if their sovereignty was absolute and unqueswith the Constitution of the United States; and

is what he says: But there is no such thing as a sovereign State both the Constitution of the United States and the

EUTAULA, (Ala.,) January 29, 1851. within the limits of this Union. The Constitution has exconstitutions of the States which have been ad

GENTLEMEN: Your note of this date is received. For pressly denied it.”

my own part, I never recognized any obligation of secrecy There is assertion broad and strong.

mitted into the Union, go to show that the States "There is

in relation to the Clemens' affair. I supported Mr. Clemens alone are sovereign. The Constitution does not (as is well known) with extreme reluctance, and with the no such thing as a sovereign State within the say that treason may be committed against the

reservation of the right to make any explanation of the realimits of this Union," says the Senator from Ala- Government of the United States or the Union.

sons I might think proper; and besides, I heard of no pledge bama. “The Constitution has expressly denied No, sir; it is against the States that treason can

of secrecy in the caucus. I would not, however, have vol it." Where? In what clause? (have read the

unteered my testimony in this matter, nor have given it, alone be committed, whether acting together in but for the reasons stated in your note. Constitution all over, and can see no expression the Union, or as separate States. It is in being

On the eve of Mr. Clemens's election to the United States in it denying the sovereignty of the States, or the " their enemies,"and giving their enemies aid and

Senate, there was a caucus of the Wbig party; I did not consequent right of secession. If there be any comfort, that the offence consists. Therefore !

contuinplate attending, but went at the urgent request of my

colleague, Mr. Gardner. When we arrived we found the such clause in the Constitution, let it be produced. say that the Constitution of the United States and caucus organized-the only question was whether the It will settle at once the whole question.

the constitution of all the States teach but one Whigs, as a party, should support Mr. Clemens. Some of The Senator continues: doctrine, contrary to the affirmation of the Senator

his friends gave verbal assurances that he would, if elected,

act with the Whigs, and said they were authorized by him “The Constitution has taken away from the States some from Alabama, and that doctrine is, that the

to say so. It was objected that it was unsafe to support of the highest and most essential attributes of sovereignty. They cannot coin money; they cannot emit bills of credit; States are sovereign. His own State punishes

him without a written pledge, and the caucus being anable they cannot punish treason against themselves ; they cantreason. If he can nullify the constitution of his

to agree, a member from Greene stated that a pledge could

be obtained, and called on Mr. Rip Davis, from Limestone, noi go to war; they cannot enter into compacts with other own State, and cast her out of existence-if States; nay, more the Constitution provides that the Con

who rose and produced a small scrap of paper, and read it he can degrade her into a wretched dependency on stitution and laws of the United States shall be the supreme

as near as I can remember, in these words: law of the land, anything in the constitution or laws of any this Government, which can be trampled upon

"If elected to the United States Senate, I pledge myself State to the contrary notwithstanding. Now, who ever

with impunity, and dares not lift the front of re- to sustain General Taylor's administration. heard of a sovereignty with the laws of another power supesistance let him do it, and take all the glory of

JERE: CLEMENS.' rior to its own within its own limits?" such an achievement. For my part, it is my glory

“A good many gathered around to inspect the paper, and

some seemed to question its being in Mr. Clemens's handas well as my privilege that I am a citizen of a writing, when Mr. Davis said in substance, 'I pledge my of coining money, and making war and peace, to sovereign State—the State of South Carolina. To honor as a gentleman it is Mr. Clemens's hand, and writthe General Government, therefore he argues that her, as the Senator from Alabama formerly said

ten by himself.: the States are not sovereign. Are not alliances, of- of his State, I owe my allegiance. With her I

“The same gentleman who had called on Mr. Davis, a:

above stated, then took the paper, and holding it up, read it fensive and defensive, common among nations, in live; and at her mandate I trust I am prepared to out in a louder tone, and in the same words. which they agree to make war and peace together? | die. And I care not what consolidationist, whether “ Yours, &c.

PAUL MCCALL.” Did any one ever suppose that they renounced from the North or South, dares to assail her in the Mr. President, I have done. The Senator from their sovereignty by such agreements? As to coin- exercise of her sovereignty, so far as I am con- Alabama, without any provocation on my part: ing money, it has been gravely proposed in cerned, with the little power I possess, at her com- thought proper to arraign me before the Senate. Europe that all nations should consent to one mand I will resist, and resist to the last. She is I stated what my purpose was-that I would discoinage. That is a mere matter of commercial my sovereign; and she at least will not tolerate the credit the witness that I would show that the convenience. But there is one test, the power to

doctrine that treason cannot be committed against || authority, which has presumed to impugn the

tioned.

Because the Siates have surrendered the power

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