ON THE CONSTITUTION OF CALIFORNIA,

AND IN REPLY TO SOME

REMARKS ON HIS INTERCOURSE WITH OTHER SENATORS.

IN THE SENATE OF THE UNITED STATES, FEB. 15, 1850.

[DURING the progress of the debate on the resolutions submitted by Mr. Clay, President Taylor transmitted to congress a message, apprising that body that he had received the constitution adopted by the people of California, accompanied with an application for admission as a state into the Union. The reference of this message was warmly discussed; and while it was under consideration, Mr. Clemens, of Alabama, indulged in several unwarrantable ‘flings’ at Mr. Clay, among other things expressing his surprise at the ‘fellow-feeling’ which existed between him and Mr. Benton. This drew forth the following rejoinder, in which other matters are collaterally noticed. (It may be proper to state here that the resolutions of Mr. Clay, together with several other propositions from different sources, were finally referred to a committee of thirteen, which was chosen by ballot, and of which Mr. C. was elected chairman.)]

MR. CLAY rose to reply to one of the remarks of the senator from Alabama, Mr. Clemens. What right had the senator to animadvert upon a conference held between the senator from Missouri (Mr. Benton) and him? It was very true that for several years there did exist other than the most cordial feeling between him and Mr. Benton—that a system of non-intercourse was established between them, if gentlemen pleased so to call it. Some three years ago they had come together, having made peace with each other, as Mr. Clay wished he might be able to do with all the world; but with respect to intimations of any mutual deliberation and consideration of measures proposed to be introduced, he had to say, that there was nothing of the kind; he had never seen or heard any thing in relation to the bill proposed and introduced by Mr. Benton, proposing to reduce the boundaries of Texas, until it was brought into the senate. On the other hand, Mr. Benton had never seen, heard or thought, so far as he knew, of the series of resolutions recently introduced by him. What, then, had the senator who had denounced their intercourse to go upon? Was he to speculate upon the object of that private conference, and to make such deductions as seemed to him to beproper? He had no right so to do, and the conclusion showed how incorrect his deductions were. He would repeat that there was no interchange of opinion between him and Mr. Benton at all, in relation to their respective projects. It was true, that at the time alluded to, they did converse together upon the proper dispositions of subjects coming before the senate, but what right had others to attempt to place a construction upon their motives? He must protest against submitting his private intercourse to any such test as that. He was, and had been so deeply impressed with a sense of the awful dangers which menace the existence of the government, that if the senator had been his most bitter enemy, and had come to him to consider the means best calculated to rescue the common country from impending danger, he would have counselled with him, as with his friend—if by so doing he might hope to accomplish so desirable an end. Mr. Clay desired to notice one or two other points to which the senator had alluded. He (Mr. Clay) had said, that in the admission of California there was no concession from either side:—true, the North would get what she wanted; but it would be from causes not under the control of congress, and not by concession. It had been said that, if received with her inhibition of slavery, congress would be responsible for it. He proceeded to show that this was not true, but that if congress passed laws allowing the people of California to frame a constitution and erect a state, congress would then more reasonably be held responsible for any act decided upon by the people, with reference to the institution of slavery. He had admitted that there was some irregularity in the action taken by California; but was there not good ground for excuse for this child, which, having been abandoned by its natural parent, had adopted the necessary measures for her own protection, and now came back again, asking its neglectful parent to receive it into the family of states? Similar irregularities had been overlooked in the case of Michigan, notwithstanding the necessities of her situation were by no means commensurate with those of the people of the Pacific—the former had a form of government, under which she had existed and found peace and security for years—the latter were without law or means of protection. A sentiment had been reiterated in the senate to-day, which he had heard, alas! too often, and which he never heard without a shudder. The senate was told that, in a certain contingency, the South were to take a specific course, regardless of consequences. Was that true? For one, he knew of no condition in which man could be placed, either on the boundless prairies of the west, in the midst of the howling winds and lashing fury of the ocean storm, or in the deliberative body—none in which a moral, rational, accountable being could take a step regardless of consequences. It was because he did regard consequences the most important, that he was led to make every effort in his power to avert the greatest of human calamities—a consequence fraught with evil, not to his country alone, but to the cause of humanity throughout the world.


Mr. Foote made some remarks in vindication of his observations in relation to the recent intercourse between Mr. Benton and Mr. Clay; in the course of which he suggested to Mr. Clay that there was sometimes something in his demeanor, when excited in debate, which had the appearance of menace. He also alluded to a speech made by that senator eleven years ago, in which he said that certain acts, if persisted in, would dissolve the Union, and dissolve it in blood. Mr. F. went on at length with some personal remarks upon Mr. Clay, Mr. Seward and Mr. Benton.

Mr. Clay said a few words in reply to Mr. Foote’s remarks about the intercourse between him and Mr. Benton, and in the course of a few observations, suggested to him the impropriety of attempting to draw deductions from such private intercourse. He reminded Mr. Foote that he himself that morning had come over to him, and held a long conversation with him, in relation to the difficulties which concerned the affairs of the country,—and asked him whether it would not have been unfair for some northern man to have imputed to the senator dishonorable motives in seeking that interview. It is an evil—a political and social evil—it is a wrong toward those who are the sufferers thereby—those were his opinions, but he quarrelled with no man who thought otherwise. In conclusion, he denied all ambitious projects: he stood, as it were, upon the brink of eternity, expecting soon to go hence, and owed no responsibility which he was not prepared to meet here and before God. If the senator from Mississippi chose to call him an Abolitionist—well and good; he would only say, that if there was any one man in the community more abused by the Abolitionists than another, it was he.

Mr. Cass (interrupting) said, that if Mr. Clay claimed to be the best abused man in the community, he must take exception. (Laughter.)

Mr. Clay further defended his resolutions. He had honestly, in the sight of God, endeavored to bring forward a scheme of compromise for the purpose of keeping the Union together in one family, with harmony and concord. In supporting that scheme he had not forgotten to rebuke the fanatics of the north for their course, as well as to call upon the south not to persist in what would not bear the scrutiny of reason and judgment. It was enough for him that his plan of settlement was rejected by the ultraists of both sections.