States, Maine and Missouri, in consideration of the introduction of the free clause to which I have referred. But, if there were no precedent in the case, I might very properly say that the peculiar situation of affairs would supply a precedent. There is, I admit, no case exactly in all points like California, and the two Territories adjacent to it, which are seeking the establishment of territorial governments.

In most of the cases to which the honorable senator has referred, Vermont, Kentucky, Tennessee, and others, there was but one single Territory to be admitted, and that was clearly defined; and its muniments ascertained by the parent States. But here we have the subject before us, and I put it to you, sir, and to every member of this body, if there is not a connection, and fitness, and propriety, and sympathy, in the subjects themselves, that not only warrant but demand that you should connect them together.

But, sir, see the enormity of this proposition. I hope it will be distinctly understood that I am equally anxious with the honorable senator from Missouri for the admission of California. I think her admission has been improperly delayed; it has been unavoidably delayed, by causes which we all know and understand. But not only does the honorable senator require that this elder sister, who treats with so much contempt the other poor members of her family-not only does he require that her superior honor and dignity shall be recognized, but he exacts from us that she shall be kept separate and alone; that she shall not be contaminated by any sort of connection with her sisters, lest she might contract some contagious and fatal disease. The honorable senator is not satisfied that she should stand alone, but she must lead off in the dance: she must precede all the others. He insists that it will be treating her with indignity, with contempt, if you take up the territorial bills in the first instance, and act upon them before you act upon the question of the admission of California.

Mr. President, I hope I am doing a less imprudent thing in the attempt I am making to keep these subjects together than I am doing in regard to my personal condition in occupying so much of your time. If I had sup posed otherwise, I should not have said a word. But, sir, I hope I have said enough to show, first, that California would be more speedily admitted by being connected with the Territories in a common bill than if it should stand separated from them; secondly, that there is no incongruity in the association of the subjects; and, thirdly, that according to precedent and all the analogies to be drawn from precedents not exactly like, but somewhat similar to, the present case, there is no impediment in the way of the course which I have proposed. And if I am right in this view, I am sure no difficulty need be apprehended. Every member of this body is desirous of restoring once more peace, harmony, and fraternal affection to this distracted people. Various projects have been suggested to accomplish that patriotic object. Among them a proposition has been made by the senator from Mississippi to refer all the subjects to one committee, to be

appointed by the Senate, with power to report as that committee may, upon consideration, deem it best, either a separate or a conjoint measure. The purpose of the committee is to settle, if they can, the causes of difference which exist in the country by some proposition of compromise. There are, no doubt, many men who are very wise in their own estimation, who will reject all propositions of compromise, but that is no reason why a compromise should not be attempted to be made. I go for honorable compromise whenever it can be made. Life itself is but a compromise between death and life, the struggle continuing throughout our whole existence, until the great Destroyer finally triumphs. All legislation, all government, all society, is formed upon the principle of mutual concession, politeness, comity, courtesy; upon these, every thing is based. I bow to you to-day because you bow to me. You are respectful to me because I am respectful to you. Compromise is peculiarly appropriate among the members of a republic, as of one common family. Compromises have this recommendation, that if you concede any thing, you have something conceded to you in return. Treaties are compromises made with foreign powers contrary to what is done in a case like this. Here, if you concede any thing, it is to your own brethren, to your own family. Let him who elevates himself above humanity, above its weaknesses, its infirmities, its wants, it necessities, say, if he pleases, I never will compromise, but let no one who is not above the frailties of our common nature disdain compromises.

Well, what does the honorable senator from Mississippi propose? Here is a proposition to refer all the subjects to a committee with a view to a compromise. The honorable senator from Missouri rises up and says no; here is one subject that you must not refer to the committee; another senator may rise up and say here is another subject that you must not refer; and a third may rise up and say here is a third subject that you must not refer to the committee. This proposition establishes a committee the object of which is to compromise all the differences that arise out of the subject of slavery. Constitute your committee for such a purpose, and then take from them the consideration of one branch of the subject. Would this be right, sir? Can you not trust your committee? Whatever is done by the committee has to be brought before the Senate for its consideration, for confirmation or rejection at the pleasure of the Senate. If they report an improper bill, either as a separate measure, or a connected measure, you have the controlling power. Will you not allow the subject to be considered, examined, determined upon by the committee, according to the best judgment of those to whom you confide the great and responsible duty? Sir, I am done; I ought not to have said so much, and I beg pardon of the Senate for occupying so much of their time.

ON ABOLITION PETITIONS.

IN SENATE, APRIL 18, 1850.

[DURING the debate on the Compromises of 1850, numerous abolition petitions were laid on the desks of members of Congress, which, if respectful, were referred. Mr. Clemens of Alabama, as will be seen from the following extracts from the debate of April 18, thought he had obtained a very pleasant morceau for the committee on abolition petitions, and gave notice that he should propose its being referred. It gave Mr. Clay an opportunity of making some remarks well worth being preserved.]

MR. CLEMENS. I disagree with my colleague, and my friend from Mississippi, as to the importance of these abolition petitions. I think they are great humbugs at the best. I agree with the honorable senator from Kentucky that it will be proper to send them to this committee. I want them to go there; and, while up, I will give notice of a petition which I have received from New York, and which I shall present to-morrow, and ask that it shall go along with these petitions to the committee. I will read it. "To the Honorable the Senate of the United States respectfully showeth :

"That your petitioner, with all respect to your honorable body, would urge the absolute necessity of establishing a United States lunatic asylum for the immediate treatment of some of the worthy senators and representatives now in Washington. Your petitioner has viewed with extreme pain the mad suicidal course pursued by some of the abolition members, and would respectfully entreat that they may at once be placed in confinement, so that they may not injure themselves, their friends, or their country."

It then goes on to name one particular senator, and to suggest that "he may at once be seized, and be placed in the most secure place in Washington, and that his head be shaved and blistered, and that he be at once bled and placed on a water diet." [Laughter.]

MR. CLAY. As to the point of order, the proposition is to refer these resolutions to a committee of thirteen, and we have been acting upon the subject. It is like putting in a plea in abatement, after putting in a plea on the merits of the case. We can do it if first made; but, according to

strict parliamentary usage, the first motion should have been to take up the resolutions of my friend from Tennessee and my own, and then to move to refer them. But, inasmuch as the motion was made to refer, and we have discussed the matter and proposed amendments to the resolutions before us, I think my friend from Illinois will concur with me, that, in this proceeding, it is rather too late to raise a question of order.

I wish, however, while I am up, to make a suggestion. This proposition is totally different from those we have been voting upon to-day. Those we have been voting on to-day were those of restriction. The proposition now is one of enlargement of the powers of the committee without restriction. And what is it? It is to refer all those questions to the committee, and to consider such circumstances as a proper respect will lead them to bestow upon them. I know that my friend from Alabama and myself differ about the propriety of the reference of these petitions, and I regret it. I have always been disinclined to give a chance to any portion of the country to reproach Congress for the non-reception of petitions, and it is precisely upon that same principle that I now hope the opposition to the reference of these petitions may be withdrawn.

Sir, I congratulate you, I congratulate the nation, I congratulate mankind, upon the prospect that now opens for a final and amicable settlement of this question. I believe such a settlement will be made after the occurrences in this body this week, and after what we know of the patriotic disposition of the majority in the other House. Now, sir, when these questions are settled, I want no man to have it in his power to go home and make just such speeches as the senator before me [Mr. Hale] has made in the Senate. I want no man to go home and endeavor to excite the people by using such language as this:

"Your petitions were treated with the utmost indignity. They were laid on the table, unread, unconsidered: and when I proposed to refer them to the committee to which all the subject-matters of the petitions were referred, and with which, therefore, they had a necessary connection, even that was opposed."

I am no great hand at making a stump speech, but I think I could take up that theme in such a way as to exasperate and excite the populace. I hope these petitions will be taken up and referred to the committee. I do not think there is any fear that they will recommend any mischievous plan. Whereas I do fear that the non-reference of these petitions would tarnish the prospect of a general amity, with satisfaction to the whole country. I am, therefore, in favor of the reference of these petitions to the committee.

ON GIVING LANDS FOR RAILROADS.

IN SENATE, APRIL 29, 1850.

[WHEN the bill for setting apart a portion of the public lands for the Illinois Central Railroad was before the Senate, Mr. Clay made the following remarks.]

MR. CLAY. Mr. President, I rise to do nothing more than to express an opinion or two, and not to enter into the general discussion. I am very glad to learn that such a great measure of public justice as I deem it—as the distribution of the proceeds of the public lands-commends itself to the approbation of my friend from South Carolina [Mr. Butler], and that he now deems that an acceptable measure which

MR. BUTLER (interposing). Ah! I am sure that my friend from Kentucky will allow me to say that I was looking at alternatives; and, doing so, I had a right to say which of two events I would deprecate least, without being understood to desire either.

MR. CLAY. Well, sir, it is exceedingly agreeable to me to hear the honorable senator express an opinion-either with or without the modification he has now made—at all favorable to a great national measure of justice which would have redounded greatly to the benefit of posterity; and I can not but hope that his fear of the entire waste of the public lands will induce him, if some similar project is brought forward, to go for it.

Sir, with reference to the particular question before the Senate, I have arisen merely to say, in the first place, that I entertain no doubt about the general power, under proper guards and appropriate restrictions, to make the species of appropriations of the public lands which is here contemplated; and I hope to see a portion of that power extended to our lakes, and our rivers, and our harbors. I am ready, for one, to concur in any cautious, but liberal measures for the improvement of those lakes, and rivers, and harbors. The Ohio river-the greatest thoroughfare in this country, with the exception of the Mississippi-has depended almost for the possibility of navigating it upon the exercise of this same general power, which I believe the government possesses. I have no doubt, I can entertain no doubt, of the right of the general government, as one of the greatest the very greatest-of landholding proprietors, to appropriate a portion of that land for the purpose of making the remainder more valuable and available.

A great deal has been said about the trusteeship of the government.