II. CAROLINA
t r -. -- .-
K0IT1 C118l!51-"fwfrfil ii tattllcttitl, tunl ui fkjilftl irioimt, th Itii f win ut kern if mi iflttttau,"
IE0XID1S 1 LE11T, luKitte Iditcr.
VOL. XLI.
RALEIGH, WEDNESDAY MORNING, MARCH fi, 1850.
NO. 10.
tie :
WE
STIR
THB WORTH OaJtOURA STAR
' it nous I. inn t mi
(Offlo nearly oppoett the Post Omo.)
Wrmi of tha ttntt.
tiiOpr annua, wbm paid i anvaaca $S 00
If jMjm.at ia delayed tares euuin.
Ttnu f IdnrtiilK.
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' " each subsequent insertion, 86
Court orders and judicial adnrtiMBOita, 24
A deduction of 3J per cut. for advertisement by
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teae-All letter ee'd communications wot be ffl
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THE LAW OP NEWSPAPERS.
I. AH subscriber, who do not give txrass no
net to the contrary, an considered a wishing to
aontinn. thair aubacripUoM.
X. If ubaeribari order the discontinuance of their
paper, the pnblisher may continue to aasa them
until arrearage are paid.
t. If snbseribeT neglect nr refuse taking their
papen from tho offioee to whkh they are ent they
are held re.pon.ible till their blue era Milieu ana
thair paper ordered to be diseentiireeeW
4. The Court! hare derided diet refuting to take
newspaper or periodical from the olboe, or remov
ing and leering It uncalled for, la "prima facie'
evidence of istsjitiosal maid.
MISCELLl!iEOCS.
TUE BRIDAL GIFT.
bv bs. vairub.
Emily F, wai the daughter of a lady who,
since her widowhood, had seen much adver.
any. Mrs F. wai of t good family, and her
deceased husband was highly respected and
eminent in h profoei(n.:. Moy-. r tai
children had fallen victims to consumption,
and there now only remained three of a once
ininiermia family; Emilv, Charles and Edward,
were their names. They were all remarka
ble for personal beuty. Emily's was one of
the moat feminine and delicate character.
Jlcr hir WM of light and glossy brown, -and
peculiarly abundant; her eyes deep blue, her
cheeks faintly tinted with pink, but her lips
were of the brightest hue. . Such were her
charms, and the portrait of her, which was
painted on the eve of marriage with one to
whom sh w'as fondly attached, conveys but
an inadequate idea of their perfection: Albert
was but three years her senior and was in
every respect a suitable match for her. His
parents already loved her as their own ehild,
and all who knew them began to think that for
once the course of trueiove must run smooth.
The wedding day was fixed and Emily took
a natural and innneont doliglit in looking at
the bridal apparel, and simple but elegant ac
cessories to a ffinile toilet, which were rifts
from her pre lent and future relatives.
Albert
was not wealthy, and consequently diamond,tTorlaflve so strongly urged how that she at
- pearls, and rubies, India, shalws and costly
robes Were not there: nor did (he happy girl
for one moment regret their absence; and her
lover, when he saw her glossy ringlets, and
fair and polished brows, thought plume and
. .sjmra..wnukls!
Eagerly did Emily gaze from her chamber
... window. atthe hour-'wW-AlhertTisiially
rived, and gladly did she hail him when he
n right visions of years of bliss floated
before them both, and they were never weary
of painting their future home. Alnsl their
hope were doomed to be unfulfilled. Albert
- was seized with sudden illness- ..Medical aid
'"' : and llie attentions of fond rehtttves and of an
adoring girl were unavailing; and, on the day
. previous to that' which should have shone an
of her lover.
I need not try to paint the anguish of her
feelings. Vainly should I waste words to
describe that whieh all can wed imagine.
Yet Emily sorrowed not as "one without
nope; she had the 'blessed conviction that
her Albert's virtues had secured to him an
Irternat abode ' In 'tlirise happy" regions' where
'there is no parting, whoA tears cease to flow,
and where hearts ache ant, . Time toothed
the) violence of her eorow, but she felt no less
, than at the first how totally irreparable was
her loss. She spoke not of her departed Al
bert, but her thoughts were ever with him-
It was about two years after the death of
her lover, that Emily became acquainted with
lfLord L He wat a young man of preposses
sing manners and appearance, and possessed
oft) large fortune. Hit heart was soon be
towed oo the gentle and lovely girl, and he
raid her many kind and unobtrusive attentions,
ord L. was totally unacquainted with Emily's
' previous engagement, and attributed to the al
' toratioa in her fortune that depression which
. arose from disappointed s flection. Emily
' : believed that he was acquainted with her tad
story and was grateful for hit delicate and
oilerrt regard; but aha knew not the nature or
' depth of his feelings. . She waa therefore,
' much surprised and really grieved, when he
one day avowed his love, and sought her to
became hit bride, one burst into tears, and
for some moment waa unable to s Desk. At
a length aha was about to reply, but a visiter
-; as announced, and era she hut umqtoaayl
'will write to you," a giddy! fashionable ac
quaintance entered the the room) who exhibi
ted no Intention of a spedy departure.
Consequently, in a brief time.- Lord L. took
'. liis leave,' wearied by the frivolity, which
. would at any period have annoyed him, but
which now very quickly exhausted hit pa
tience. ' It wat nearly an hour ere Emily bade
-mdicn to the intruder; the then flew to her
' mother, whom slight indisposition had eonfin
, ed, to her apartment.. On naming to her
the proposals the had received, Mrs. F. ex
. claimed; "How fortunate, how delightful!"
Oeliglilfuir echoed her daughter; my
, dearest mother, I do not understand these ex
,: pressions."
"Why. what parent would not reioie at
'' her daughter having engaged the affections of
so amiable, agreeable, and in every way to
charming a young man at lord LI"
-Nayj yro should pity him,"-said Emily,
f 'since I believe him since rt in hit prufessioo
' of regard, and he will consequently feel much
i diMPP"intment when I tell him bow utterly
Impoeaible it it that I thould ever marry .
e rbT Emily, thould you never ma-
-v-. "Dear saMlier, can yon sk that quostiunt
,i'an T0B believe me to be to mean at to wed
"tot wealth hnd rankT" vs-fMwi
t dislike Lore) t.' UienT" tai4 Mrs.
t wOhUoi I UiimIl, lilrn an amUle anJ a
Jr,grUl, ,oMng niajH Uh muoh good tent.
ht "d honor.SU feeling. - I We never
": !5 . "f my M 1 bB. re
in tire tomb of Albert. T
Tears flowed abundantly at she concluded.
and for tome time Ihey were both silent. At
length Mrs. F resumed:
"I have, I believe; Emily, always' been a
kind and tender parent to you,
"You hare, you have, indeed!" interrupted
her daughter.
"And I have never been unreasonable or
uniuat. Emily; were Albertlivinr, I would
hot urge you to marry another, though a feign
ing sovereign should ask you for his bnde.
But, he is gone, and since Lord L. it not per
sonally disagreeable to you since yon know
and appreciate his many amiable and estima
ble qualities, I beseech yon not to refuse the
happy and brilliant position which is now off
ered to you. I am (ware that a young and
ardent girl imagines that it is necessary to be
violently m love when she marries: You
sav tou can never be so more: but trust me.
my dear child, respect, esteem, and regard,
will make you as happy as, or even perhaps
happier, than love could do.
Did Mrs F. believe her own words! I
doubt it; at any rate, the failed tu convince her
daughter. But I will not detail the many con
. venations which took plare . between the la
dies; suffice it to say, Emily agreed that her
mother should see Lord L. the following day,
and explain to him. her feelings.
When her eldest son returned that evening,
Mrs. F. W asclosetlcd with him for some time.
He told hot he was sure Lord L. was in total
ignorance of Albert ever Having existed; and
strongly urged her not to menrion to his lord
ship the circumstances of his sister's attach
ment. vOfcouj-Mad her "F-mily feel at first
a little dislike to torm a new engagement. It
is natural; it recalls-more vividly the memo
ry of poor Albert. ' He was a fine, noble fel
low and any girl might have liked him; but L.
is also an excellent young man; he is besides
handsome and rich, and Einly will soon in
sensibly become attached to Iiim. I would
Tct her imagine tie knew att her former history
whilst in fact,l would tell him she was not
prepared to give a decided answer at present,
and keep him in a little suspense at the tame
time giving great hopet (which I think
you reasonably may) of a final satisfactory re
ply." " '
Mrs. F. highly approved of her son's scheme
and acted accordingly. Some months after
wards. Lord L., who had continued his visits
again besought Miss F. to become his wife.
His letter was a rare specimen of ardent affeq
tion and good sense. Had it by aijy accident
fal lei into the hands of an uninterested stran
ger it would, unlike the generality of love let
ters, have tailed to excite a smile or derision.
This epistle had its due effect wilt Emily; and
lenelh gave her consent, bhe now strove as
much as possible to banish all remembrance
of other days. Lord L.' was'fond of the splen
dor which became his wealth and rank, yet
his taste wat not gaudy. Hit house in town
was furnished wutueleganee and- beauty, but
simplicity. The jewels with .which he pre
sented his bride, were equally nest and eosily.
Hit boudour was little paradise. the
choicest work of English and foreign authors.
tn the most elegant binding, adorned the book
shelves; beautiful plants, among which Emi
ly's favorite, the moss rose, wat conspicuous,
shed a delicious odor around. The chimney
piece wae -supported -on eHlhr-eidby Cupid
and. Psyche; two.- beautiful marble figures
from the chisel of the yOunffar Westmaeott. I
A. majjnificient Touiy carpet covered the
floor; a few exquisite picture oft the sncTent
school, and one by a modern artist, but beau
tifully finished, hung upon the walls. The
last was a potrait of Lord L All that affec
tion eould imagine, art invent and wealth pur
chase, was united to adorn the bourdoir of the
fair Emily. -
; ArteTigth-thT8trrf May. th-day" so ahx-''
lously anticipated by lord I,, arrived. II is
sisters were to be the bride's-maids, and as
they assisted to adorn the gentle Emily for
the nuptial ceremony, they formed a lovely
group. Fanny was just arranging the fall of
the bridal veil, when Bertha, gazing from the
window exclaimed, "Here comet Edgar!
naughty boyiwhy it is contrary to all etiquette;
the bride and bridegroom should meet for the
first time on their wedding day at the altar.
Look Emily, how beautiful the new carriage
looks, and what splendid bay horses."
Emilv eould onlv faintlv smile, and echo
the word beautifu(." . -,
See! the carriage drives away again; Edgar
has left a parcel," continued bertha, as she
ran out of the room to meet the servant who
brought it. A little note contained these
words:
"I send my beloved Emily oe,of our fam
ily jewels. The pearls, lov, are less deli
cately fair than thou, and einnot add to thy
beauty, yet wear them for the sake of thine
adoring L." t
The bride'smaids eagerly opened the case
but started back with affrighted looks and ex
clamations of horror. Emily bent forward to
discover, tho cause of their alarm, and beheld
a let of jet ornamenti. , She was not super
stitious, yet who ran wonder that the color
forsook her cheeks, and a aick, faint feeling
came over herf She strove to conquer howev
er, and succeeded.
The time had arrived for the party to as
semble af the church. Lord L, met hit bride
at Ihe door of the sacred edifice, and perceiv
ing her neck and arms were unadorned,' why'
said' he, did not my Emily wear my bridal
gift; surely the ornamenti wen meant to a
dorn her on her nuptial day."
The brow of the gentle maiden, which had
the previous moment worn smile of chase
tened sadness became overcast. The tad re
collection of Albert obtruded on her heart,
and the muttered to herself, "Yes! funeral
emblems tie meet for her whose heart it in
the grave," !.- -. -..-...
But L. heard her not for her sisters were
seemingly telling him of the strange aud disa
greeable mistake he had made ia leading a
mourning suit, instead ot one oi orient pearls.
He naturally fell considerable annoyance; but
at this moment they were called to the altar,
and in t few minutes the vowt - were pro.
nounced which bound him for life to the ob.
ject of fata ardent Mtteaum.-y: "
onzraUilaUooa passed around. Jseftd
not describe the d'jeune, nor the company
r mily changed her bridal attire lor a more u
snal style of dress: and the next day's piper
announced that "the happy pair left town,
in a travelling chariot and four, for L. Hall,
the bridea-rooia'a splendid teat in Horta"
. Nothing could exceed the kindness afld de
voted attention shown by Lord I to his beau
tijul Emily! and she felt the deepest gratitude
towards hint, bul the cvukt not n-eiprocate
hit passion. The idea that aha bad broken
her vowa to Albert hannled hen and her
health and spirits declined daily, At the end
of a fortnight, they relumed to town. Mrs. F,
assisted Iiord L. to nurse lite gentle patient
ana nit iw sisters strove to amuse her mind.
but in vain.' To tbem, at well at to their
brother, the cause of her too evident grief was
a mystery.
-tyi the 12th of June, many of those who
mat day month had assisted at the wedding
were again assembled in the same church.
The same minister officiated; but now as he
opened the book his hand trembled, and
tears rendered his voice scarcely audible as
he read the burial service! The remains of
the fair, the gen lie Emily were committed to
the earth. And her fond husband knew he
had slain her! Yes: she left these lines for
him:
"I have striven, but invain, dear Edgar, to
bear up against my grief. The effort was
beyond my strength. Forget me, and seek in
a union with another, that bliss which there
was hut little hope of finding with her whose
heart hashing been in the tomb. Forgive
me, dear, kind t.dgar. Indeed, indeed, I
strove to be happy, and it was not your fault
that 1 was not so. You knew how I had
Moved1 Albert. I never could speak to you
on the subject, but my mother told me all
you said. Heaven bless j ou, and assist you
in a tecond and more fortunate choice.
EntLT."
"And I have killed her," said he when he
had perused the scroll. "Had she remained
faithful toher first vows, she might hare lived
Sot .yeajra,".,, ,
"Oear tdgar, urged his sisters, "you knew
not of her previous attachment. On he moth
er and brothers rests the blame."
Dear Edgar mournfully shook his head and
left the room.
"Poor, dear brother," said Fanny, "he de
served a happier late.
More than year after, Lord L. and his
sisters were met by some English travellers at
Nice. He was there for the restoration of
his health, and hoping to find in change of
scene a balm to soothe his griefs.
FeiEIGH IIWS.
The America, with Liverpool dates to ihe
9th Feb. the arrival of which was announ
ced in our last weeks' postcript, brought the
following particulars:
" COTTON.
The market had been' fluctuating, but closed
on the 8lh al7d for Fair Orleans, and 7d for
Mobile and Upland. . The sales for the week
reached 100,000 bales.
Business in the manufacturing district con
tinued good.
COKN. -.
Indian Corn had declined fld per quarter for
yellow corn.
FLO UK. .
Flour has declined from one'shilling to one
shilling six pence por barref. " "
BACON. .-
The market has improved, and an advance
of from one to two shillings per cwL haa
been realised, Labo, however, has declined
slightly. i
MUSEl.
The money market is in rather a depressed
condition; the amount of bullion in the Bank
of England has decreased, and ihe rale of dis
count now rule at 31 per cent. Consols
vug hi lur money.
American Securities are in fair request at
steady prices. Buenos Ay res stocks have
advanced 3 per cent.
ENULANI).
Since the departue of the Europe, the Brit
ish Parliament has met. Both houses were
opened by .proxy- on the 8 1st January,- The
Chancellor delivered the roval -speech from
the throne. After lamenting the death of the
late Quen Dowager, the speech goes on to aay
in the usual terms of such speeches, that
Great Britain is at peace with all foreign pow
er. On the subject of the difficulty at one
time existing between the Turkish and Rus
sian Cabinets, the Queen says: "In the course
of the Austrian War, differences of s serious
character arose between Austria and Russia on
the one hand and the Sublime Porte on the
other relative to Ihe Hungarian refugees; but
rsubeeqorfnt explanations between Turkey and
the Imperial uevernmeiit has partially remov
ed the grievance." . f-- -
I he Koyal speech wat favorably received.
Itt viewt relative to continental affairs, possess
more than ordinary importance.
Since the opening of Parliament Ihe man
featuras of the proposed policy of the Briliah
Ministry has been developed.
FRANCE.
More rioting has taken plsce in Paris.
GREECE.
Greece hat been blockaded by a British
fleet
FROM TEXAS.
By an arrival at New Orleans, Galveston
papers to tho 7th nit have been received.
Nothing of particular interest hat transpired
in the Legislature of the State tinee last ad
os. Both houses were expected to ad
journ on the ISth inst
Mr. Benton t proposition to divide l exat
into two Slates, by the line of the Colorado,
doe not appear to meet with much favor a-
mong the people of the state. Un the con
trary, a lane maioritr are aaid to be ooooe-
ed to any division or dismemberment of the
State, . .
The report of the Auditor of the stale, re
eendy made to the lata Legislature, makes
the ostensible debt of the Repubhe of Texas
I 1,059,094 71. and tho par value of the
same 5,800,098. In this ttalemrat in in
cluded the total debt comprising that not
presented for settlement as well as, that which
hat not been filed. " ,v.
The gardens, in Galveston on ihe 6in in-
sunt presented the appearance ot advanced
Spring green pea, -- together with ' ran
oua oiher kinds of green vegetable, be
ing daily exposed for tale in the mar
ket , , I,,, -. . -
nomebody sells a story of a precocious
young quiz who seeing his Cither preserve
fruit in spirits, laid; " Pa, is that the reason
why you have liquor in reur head to often
because you want to preserve your wuar
- "Tom, did yon ercr know a bell to do any
thing burrinjH
"Yes, I have seen a bell putt." -: f
Did yon ever seo a coachbox T
; "Yea, and 1 have teen a slnp() spa.'. ""
TEIKITOim QCEST101
MR. BADGER'S SPEECH. - -In
tkt Senate, fWy. It
The Senate having under consideration llie
motion to refer the President's Message, trans
mitting ihe Constitution of the State of Cali
fornia to the Committee on Territories, to
which Mr. Benton had moved an amendment
to instruct the committee Ho report a bill for
the admission of the State of California, uncon
nected with any other subject"
Mr. Butler spoke at tome length, and was
followed by
Mr. Badobb. I desire, sir, to state tome
difficulties which I feel in voting for the in
structions moved by the honorable Senator
from Missouri, by whkh die Committee on
the Territories is to be directed to bring in a
bill for the admission of the State of California
into the Union. I say difficulties, which, as
they must prevent me from supporting those
instructions, must also, unless they can be sat
isfactorily removed in my mind, prevent me,
in any future stage nf this proceeding, from
voting for the admission of Wat State. What
I have to state, Mr. President, hat been in part
referred to by " the honorable Senator from
South Carolina, (Mr. Butler.) And, although
I do not think it at all necessary on this occasion
to go into the discussion, as he has, of this
question of slavery, in which almost every
subject of discussion which comes under the
consideration of the Senate either begins or
ends, yet allow me to remark, that for the
difficulty in which we all feel ourselves to be
involved upon this great and agitating subject!
which is now. shaking this Union from one ex
iremify to ffie
awful prospect which we have before us of
danger, either from actual disruption, or from
the severance of those ties of mutual affection
and confidence which should bind us into one
truly united people let me say, for this I am
not responsible.
"The honorable Senator from South Caroli
na (Mr. Butler) sayt that when this treaty
was under consideration ht foresaw the diffi
culty that would grow out of territorial acqui
sitions. Now, sir, if that honorable Senator,
and two other gentlemen upon this floor, en
either side of the chamber, foreseeing these
same difficulties, and acting under-lhe just and
natural influence of that foresight and united
in the support of the amendment which I my
self moved to that treaty, by which all acqui
sitions were to be stricken out, these troubles
would never have been upon us. -
Mr. Bdtlbb. I did not allude to the dis
cussion or votes upon the treaty, but just be
fore that When the treaty waa before us, the
only way to get through it was to sign the
treaty. We had got far enough' in "before
that What I wanted wat loget out Laugh-
M
Mr, Badoeb. Well, Mr. President so far
at that matter ia concerned, I stand clear of all
responsibility. -1 had nothing to do with get
ling us into this diffilty. 1 had nothing to
do with the admission of Texas, which result
ed (n the warV or ' with" the ai cjiiisiUon with
which the war terminated. The question up
on the treaty wat before the Senate. I pro
posed my amendment and, with whatever
power I possessed, endeavored to enforce up
on the Senate that by the acquisition of this
territory, we ware bringing a fire brand into
the Union. Gentlemen will remember it I
am sure the Senator from Mississippi (Mr.
Foot) remembers it, I then aaid -that not
withstanding the opinions I entertained with
regard to the origin of tho warrbeheving', at I
.) J-J , ,f f . J !. .1. .! !.
men aiu peneving i eaiu it uiai in lie origin
it was u necessary, and in ill purposes unjust
I would rather consent to wage that war for
ten years than to end it by the acquisition of
any territory which was to produce an intern
al disquiet and contest through. Iho .w.bola ex
tent of our country. I have no right at all to
complain of any gentleman upon this floor.
who entertained different opinions with regard
to the war, because he voted against striking
out die acquisition of territory, or because he
voted for the acquisition of territory; but sure
ly I had tome reason to be surprised, when
gendemen sympathizing with me in opinion,
looking forward to this present contest reali
zing the necessity lor such a course at would
avoid it refused at the moment the sanction of
their additional votes, which, had they been
given, sir, I hazard nothing in Baying that die
difficulty we hare now to contend, with would
never have beeaupon thia Union -UaU events
not in our day. The vote stood upon that
amendment 35 to IS. Two vote taken from
35 and added to the It would have reduced the
majority voting against striking out to less than
two-thirds, and to have carried die amendment
Mv friend from Georgia, (Mr. Berrien) did me
the honor on that occasion to second and sup
port the views, and to adopt in substance die
argument I had offered, at hit first reason for
not being able to vote for the ratification of the
treaty with the acquisition of territory.
1 have no disposition toreier to matter, of
that kind, or to dwell upon tliera now; and I
dierefor proceed, at I intended when I rose,
to state the objections which I feel and strong
objections they are, air to the admission of
ihe State of California into this Union at this
time and under present circumstances, and
which must; constrain me to vote against the
instruction1 moved by the honorable Senator
from Misouri, (Mr. Benton.)
In the first place, air, it cannot be denied
dial this application come before us under
circumstances unprecedented in the history of
this country, Uther Territories, it ia true,
have first moved in the matter of their admis
sion into the Union; and, without being au
thorized by a previous act of Congress, have
formed a constitution, and applied for such ad
mission. But the circumstance were alto
gether different in many respect. ' To take a
single example the Slate of Michigan. That
Slate belonged to n Territory which bad a right
toadmission.lt formed a pornoa of territory
which became the property of the United Stale
upon Ihe express condition that Ushould be ad
mitted into this union, in the next place, that
waa aaorraizedTemtory, and had a Territori
al Government; and that in my view, is a mat
ter of vast importance in this question.
What i a Territorial Government! - What
isdnt Government! It is an onraniration of
en uierwte unorganised population into po
litical community. It I that which make of
each a population nr organised body, enabling
it as act a one whole, and bringing ita several
individual members before an nnfonhed mass
into ens aoliueal association, State, or body
politiew It antetain what persons among ih at
people represent and shall hare a right to
speak the vole of the whole , Merely boiiif
ipon territory give not necessarily a tvht
to M consulted, in lire oispoviiiont w.ec bib-m-
affcrung the destinies of the population. The
fundamental law of every eountry, however a
dopted, settle in whom the power to represent
the community shall reside who (hall speak
the voice of the community, and say that thia
State, or diis political association, wills that
such and such things shall be done, by collect
ing and declaring, ia duo form, the public Sen
timent of the whole.
Now, sir, every Territorial Government es
tablished by Congress emanate from the sov
ereign power, and receive an authority over
the Territory. That sovereign power haa a
right to fix laws for its government ha a right
to prescribe the form and manner, and the on
ly form and manner, in which it shall be re
cognised aa any other than a mere mass of hu
man being together. By thijjfonn of govern
ment proceeding from this sovereumty. is first
defined who haa a right to apeak the voice of
the l eintory; what portion olthe Inhabitants
shall have Ihe elective franchise, shall choose
representatives, who, when chosen by that
portion, represonl the whole community and
speak lta Voice. In California we have nothing
of fliii. Who chose the representttivesf
Whence did those who chose diem derive the
power to authorize these representative to
speak the voice of the people of California aa
such! Why, sir, without an act of Congress
anthorizing.it 1 can conceive ofbut one way
in which slich a form can be given to tho in
habitant of thia Territory, anil that is by an
act of revolution, in which, throwing off the
allegiance of their sovereign, the United States,
diey think proper to meet together, in their
original and primal character of human beings,
and say that they will be an organized body
with such "a form a "they Qiuit propef. BUT
the present proceeding is not of that character.
The very movement enow that they were
throwing themselves upon no such right But
they come here, having formed aconstitution
wliich they say embodies the public will of
California and ask that a a State,- they may
be admitted into thia Union.
Now, tirhhe business of my life a a lawyer
has tliclined me to respect and ' follow prece
dents, and I always feel regret when, either
needlessly or for even a sufficient cause, it be
comes necessary in any particular instance to
depart from what hat been the established n
sage of the nation. I think that it ia to be re
gretted that the Congress of the United States
should ever have departed from the safe posi
tion, that in such matters territorial manage
ment should follow and not lead die movement
of Congress, Sd, under any pressure hereto
fore of cireu instances, should have yielded
their acancdon to an act by which a Territory
assumed to itself, without their previous war
rant or invitation, to form itself into a sovereign
State. But be dial as it may, I feel a strong
repugnance to go still further to- introduce "-
new example, and say that, not only without
die previous sanction of Congress for such a
proceeding, but without the previons authority
from Congress for forming the inhabitant of
any particular district into a territorial commu
ity.Ir. ma.mBlWLw'mmivli wTiatcver,
they may voluntarily associate themselvea into"
a political State, adopt whnlever : rule in their
organization they may Hunt proper, and then
apply to us to recognise them a an existing
political community State and, as such,
receivethem into thia Union.' 1 l
Thia, Mr. President, is the first difficulty I
have. " There is another diat no gentleman
has aa yet alluded to. When this Mexican
treaty was fi rsl submitted to the consideration
of the Senate, it contained an article the ninth
a rtfdlc-provtding foe thrradtniiBitt oTHlea
Territories into the' Union as Stale so soon
as, by die form of the constitution of the United
Stale, that object eould be accomplished.. It
waa, in other words' an exact or nearly ex
act transcript of die provisions made in the
weatiev fcy- which' we acquired Louisiana aha
Florida. . There ha scarcely been an instance,
I imagine, where there waa any difference at
all in which the Senate was to nearly unani
mous aa arinst adopting any such provision.
Allow me, that the matter may "be nndet
stood, to call attention to die original article,
and to the ubdtule adopted by the Senate.
The word oi lb original article, to far aa
relate to this matter, ire these; -
"The afeaieaaswa, hi the Territories aforesaid.
shsll not praservs the character of eitisens of the
Mexican republic, conformably with what is stipu
lated ia the preoeillBgttcle, shell be Inoorpore ted
into the Uaioa of the Uaitea States, and eoraiited,
s pHlg, ew-nreW Is Me mtimtMn ke
Jtitnl eMuMttfM, te the eajoyaieut of all the rights
of euusus es me vatteu otatea. ,
The amendment made by the Senate it in
these words:
Who, la the Territories aforesaid, shall sot pre
serve the haracter of eitisens of the Meaieaa re
public, eon-foriaably with what I stipulated In the
preceding article shall be ineorporated into the Union
of fli.tee.aad be admitted, ml ia mnrnn one. it it
juifti tjhftlf Cmirif tkt Umifi oVefer,) to the
enjoyment of all tae ngats reiuseas or toe United
States, aeosrding to the principles of tbeeoustitu-
tlon."
Now, what was tho meaning of diis amend
ment! I am very well a ware that certain
document which excited some attention her.
called the Proctocol, informed soins Mexican
functionaries that in truth, th Senate of the
United State meant nothing by iu that they
had come-particular choice of phraseology,
some preference for their own mode of ex pred
ion; but at to the notion that diey intended to
make any essential alteration InUie article, tltw
wa all mistake; that so far as that was con
cerned, they war not In earnest; and that the
wordsinserted by the Senate are to have the
same meaning a those word that had been
stricken out of the original article.
Mr. Footb. I would remind the Senator that
no such word were wed by die commission
ers; and he surely would not reflect npon them
one of diem is dead, the other absent
Mr. Babozb. I am aware lhat no such ex
pressions were used by them. I am not sta
ting or undertaking to state what they said, but
th inevitable result of what wat said. How
vr, I mean not to east any reflection npon
either oi the gentlemen none at alii I merely
wanted to Male what would be we result oi
holding th two provision identical in mean
ing. But independently of that the alteration
wa a real and substantial one, and wat to
understood by th Senate). - The idea that
the people of these Territorie ahould be ad
mitted into the Union with- ail th rapidity con
sistent with eoneututional. forma, waa allocking
to the mind of Senators. It wa so Mated on
dii floor; and while th Senate was willing
that at some fittur time inch admission might
Ink phee, thai wa a docidod repugnance
to tying up th unlettered judgment and duere-
Hon ot Uo wrrees,
: I have aaid that th'u amsndfnmt wa made
with remarkable Bnauimitv. When ihe vote
vai taken' th-ro were .49 Ken-dor present.
and th amendment received vote of 44 out
of the 49; and, air, I was one of those who voted
against even this amendment; for I, a the hon
orabie 8enator from Mississippi (Mr. Foote)
remember well, and. other gendemen here,
was opposed to any stipulations whieh might
be presumed to imply even an imperfect obli
gation w ,mj ,r time, j fa oof know
how the four gendemen were influenced who
voted upon thia; question with me. The real
tense of the Senate then wa 45 to 4 (gainst
immediate admission. The four gendemen
who voted with me were. Messrs. Bald
win, Cerwitt, Hale, and Webster. Now, what
are we to understand as die fair interpretation
of diis amended article? There is no provis
ion that these Territories shall be admitted so
sonn as the form of the constitution will per
mit dr when, diey shall attain a certain popu
lation. There ia nothing resembling the pro
vision contained in the cession of th North
western Territory by Virginia to tho United
States, Or in die treaties by which we acquir
ed Florida and Louisana n idling at all. They
an ib be admitted at a proper time to be
judged of by whom? By the Congrrse of the
United States. Now sir, it seems to me, the
force and effect, the purport and design of that
is diat Congress was first to move in thia bus
iness; that there should be tome material change
or condition of circumstances itt the future, to
befirstjudgedof by Congress, previous to
movement for admission. I know that, if we
admit diis State into th Union now, Con
gress will have- judged of the propriety of it
No doubt about that But that article contem
plated, I diink, more than thia a prior, not a
subsequent approval) lhat we should lead, not
forlowr Ana if.'withom 'untmiAjBrmp
ment without any treaty provision which
entitles them to admission, without any right
in them,' perfect or imperfect, to aak admis
sion, die act which haibeenhlone ahould. obtain
our ratification, and the people of California be
reeerred -inter the "Uirientww-whallit think J
abandon too much of th authority and con
trol intended to be reserved to Congress - by
diis amended article.
These are some of die difficulties diat I
confess, meet me at the threshold. ' I idmit
that in my mind, diere are none of them abso
lutely insuperable. Show me that the great in
terests of this country can be served; show me
that the angry feeling agitating different por
tioni of it against die other ran be composed
and quieted; show me how the bonds of attach
ment and confidence among the several portions
of this great people, now broken or weakened,
can be reunited and strengthened; show me
how this practical advantage oan ensue from
admitting California, and, as I love this Union,
as I look to it preservation with anxious jeal
ousy, and would Bay" with General 'Jackson
that it MeMf- be preserved, i vry - previous
usage, every formal difficulty, every minor
consideration will be sacrificed; and giv way
under the high demand of ihal duty which!
owe both to the constituent I represent and
the groat Union of which diey form a members
Salut pnprii wiH thenr be wi dr me- "ttrBrfmn
(.'
I pw it to myself, Mr. president., to " fay
tliat I have cautiously avoided alluding to any
tiling connected with die formation of this Cal
ifornia constitution, except what wa necessa
ry to explain die objection I feel and hare
stated to the Senate. And I am sorry my friend
from South Carolina fMrl'Bufleri Hiotieht it
necessary, in urging, strongly a he did. hit
anjecuons to mat measure, 4o can some reflec
tion for so I think he must have been under-
stood M vrpon the President of the-United State
in relation to the formaUon of this constitution.
Entertaining th opinion I do, ami liavirir en
deavored to express them frankly and fully to
the Menate, II w proper and just to say, I reel
satisfied that that high functionary and noble
gentleman h done nothing in regard to this
transaction but what sprang rrnm the most pa
triotic motives; that he has used no power, no
influence nf thie GoremrncBL to stifle or cdtf-
tort (tie opinions, or direct the judgment of
the people of Ualilornia, and made no sugges
tion titn to them aa to the mode or form In
hich they should establish the constitution un
der which they desire to live. 11 ha done no
thingand I eon foot that I cannot sec the im-
ropnety of that but to intimate to the people
is opinion lhat H would be proper, if they de
sired admission into this Union, to form a con
stitution and ask admission. I differ form
him in opinion a to die expediency of admit
ting them under present circumstances, hut 1
do not arrogate to myself any superiority of
judgment
Mr. HtrriRB. If die honorable Senator will
permit m to make an explanation '
Mr. Hadobb. Certainly, air; certainly,
Mr. BtrfLBB. I imputed nothing to die
President I merely aaid thgLl thought diat
hia course of policy was rattier unfortunate in
it results. , ' ' , J " ' "
Mr. Badoeb. I am glad to hear this X-
planation very glsd, indeed.-1
Mr. roOTt- - lithe honorable Senator will
allow me"
Mr. Badobb. Certainly,
Mr. Foot. The honorable Senator has
spoken a great deal about precedent II is
known lobe strongly in favor of following pre
cedents more so perhaps than any other
member of the Henate. ' He ha staled lhat in
his opinion the President of the United States
did not interfere improperly in the question
of th Stat Government of California; andl
should like to have him tell me if he ever met
with b precedent like this, tie has 'made the
confession that the President of die United
State did do something, and I think he will
find himself much it a loss to jusUfy the course
of die Prctident
Ms. Baoozb. ' 1 do not make any confes
sion with regard to th President ' I know no
mora -of what die Prctident hat done than the
honorable Senator from Mississippi knows.
AH the information I have m contained m the
President's message and the paper aeoom pany
ing it called for and. promptly communicated;
ind I am ture that he told die truth, the whole
truth, and nothing hut die truth. With re-
gard-te precedents, I spoke of thoee which
should govern In matter of legislation, with
which I am concerned In vie hail of Uon-
gross. -1 -do not undertake to judge for. the
United States what might be die proper course
or mm to pursue in me txtraorumary circum
stances in which, Uie country Is placed, and
which have no precedent in history. But what
I meant to say wa that the President in what
h did wa actuated by high, patriotic motive.
and did nothing, directly nf indirectly, to con
trol or Influence the ronveiltitm of California.
. I desire, Mr- President to keep litis subject
entirely eloar front the topic that may cm
lasjviM die jus exercise of mif jodineul and
tmd"rstnnilingt mid I tnke thJ occasion to saj-
Ihat if the objection which I here .il AM '
exist or can be removed, and if other objection
which I had to the early admission of ihe
Territorie into th Union, independently of
those I have stated, and which i had when th
treaty waa ratified, which I felt dien strongly. '
and hv continued to feel unre, were remov- "
ed. I ahould not fed mvseir.i lihrm i '
em my vole for ihe admission of that Stan by
117 cumwersuon a so in form or govern- -
MIMil tkW k.M .XhjJ S .11 7 - .,
---j wrwu. s luiiyrccognu. uiat ;
when any people, properly aaeymWingunder
the
law Ol the United State, form a ennaiita.
boa
and aTOVernment fnr themnlvea rt... --...
ih
. - .-V", - T
only aulhontv- on earth ,;!, .
to
determine the oartieular mnd i. hli in
ternal affair of the new Stale shall he admin
istered. Congreas may, and, indeed, is bound
require dial die constitution be republican.
Iiin i. the Anlr nlw.rit -r . : -l .
-' J i v, rajHTimeHi UHk
only restriction upon the full authority of lite
State; that she shall not introduce into our sf-
tern any monarchical or aristocratic elements,
which arc uncongenial u4th mi. iniitintl .... m,.A -
might disturb di harmonious operation of die
A . z. r - - at a. . . . a . . . .
ui vorenimcm. i gay RUtextUiedifucultie
dial have nreesnd unnn mv mind. I mwJ
fully wilh die honorable Senator from Missouri
1,...-V .1 , ... . .
nr. unniou; miu ini is a large subject and that
should bo fully and properly considered,
id with the honorahln Senator fmm Km.ik
Carolina (Mr. Butler that) we ahould all make
.. wiHintn VJITCIIVHB, ur fumcuiueu, or '
opinions we have. And I eunm lunmkt.
Senator that, to far a I have stated my nidi-
ciuuca, i nave staiea mem Imnkly, smopen to
truth, and shall williiurlv remit end ant nnn
(ww j tut, u mm error s nave wucn. (
T. BUTLER KING'S CARD. The Wi.
donad Intelligencer and Wtahington Reouhlie
contain the following; Card, addressed to the
.'editor by the Hon. T. BtrriBB Kmer r f -
Ha.h.mjton, frh. 234, 1850.
Gcntleemen; Permit au in t.t. i- .
column dial my illues in California and
subsequent long continued debility, numer
ous pressing engagement huee my arrival
here, and Uieeftecw of a recent indisposition
which ha paralyzed nr enersries for snWt '
day, hate delayed, much longer thin I inten
ded or expected, my report on California
Uut 1 cannot longer permit the public mind to ,
be assailed, perhaps misled, by inainuatioms
inquirieo and inuendoes, which, if not prompt
ly answered, may be considered as acquiesced
in; or bold asasrtions, if misrepresentation ha -assumed
that form, to pnas uncontradicted
I diercfore assert that I did not in connexion -with
my duties. in California, nor have I at
any time, received secret instructions, wheth
er yerbat or written, fronr the- President of die
United State, or any mmbcf . of ; hit
Cabinet on die subject of slavery or any oilier r
subject I did not attempt to influence thi
people of California to decide th quealion of
slavery on way or die oihert and any atsor
tfeWlhttf'dtt tempt to excrciee ucU influence, ia fl0. A- .
ny insinuation -r or insulious ;; inquiries
which - am . o framed or intended a
to induce die people to believe lhat the
President or any member of hit Cab
inet did give, or dial I could be base enough to
receive, such inrtructioiis, I. declare to be to
tally without foundation in factoid widiout " "
Uie Shadow 01 truth. , ' , ; . . .
I beg tear to call die attention of di public
to some facta, whieh will show what wasdon
hi die laid Adiniriiitnifioh fo uidu die people
or California to form a State governments I
arrived at Han r rancisco on vie fourth of June,
in die steamer Panama. W did not Mop at
Monterey, nor did I see or hold any commit-
nicauon with Gonarl Biley until about die mid- '
die f that month, when he came to San Frvn
eisco. Ilia proclamation, calling a con v en-
don of the people of California to form s Stat
constitution, it dated at Monterey, 130 mile
from San r macisco, the third of June. The
last paragraph of dii proclamation is in th .
following words l ." ,', ' .
' ."The method here Indicated to attain what
is desired by all, viz: a mot perfect political
organization, U deemed the most direct and
ssfe diat can be adapted! and one fully author
iaed by law. It is die course advised by ih
President, and by the Secretaries of State and -
of Waroftho United States, and is calculated
to avoid the innumerable e? ill which nuiei
neccasariy result from any attempt at local '
legislation. It ii tliereforo hoped it will meet -
tilt apprnbaUon of the people of Califoniia,
and Unit all good eltizcns will unite iu earring
Tho atcamer in which I wat a passenger to
San Francisco was die first conveyance to
carry to the people of Colifornia "the intclli-
gence of the inauguration of President T5'l"r, ...
and die appointment of hi Cabinet; to that
at the date of boneral Kuey'i proclamation,
it was not possible that he could have received
any communication from tho present Admin
istration. , The President of die United Htate
to whom he refers was Mr. Polk, the Secreta
ry' of State, Mr. Buchanan, the Secretary of
War, Mr. Mercy. , It wa in accordance with
th , reeommeniLiUon of this proclamation,
sustained aa they ire in President Polk't last
annual message, that the people of California
acted in forming their Slate con iiimtion. - I
always addressed die people of California in
my private character, and never assumed any
official position among them. Interested aa
I am in slave labor as a I. eorgia and a southern
citizen, I was prepared to expect tint the
object of my mission would be perverted in
the North; and I find accordingly that, during
die lat fall election in that quarter, I wa
there represented a a southern slave holder,
sent to California to indoctrinate the people
in my opinions about slavery. This was a
base falsehood; but it it not half so fense "a
an attempt to impress on the public mind dial '
t waa aent to coerce or influence California to
exclude slavery. . .....y.,-.
T UUTLfc.lt M.U,
MARY HOWITTH-Mary Ilowitt Udie
least in the world of an autliorem. fshe is a
mild, aitdUla-aged, intelligent and linlv-lik
Erfj;lish matron, who is line Imfkinr. end has
mode narrow escape froin hririg heauiJlir!--She
dresses not as a quukertas but Uk a
ladyt her manners are gently dnniei; her
conversation interesting' and fluent. GiUd
with trn genius, surrounded by an amiur-le
and aeeompliihed faiiiily, end uuiivJ to a hiis
!and of ram talent sha ha ta i-iuMul fmin
such source to drink defiacee lo njisforuim-,
nd to retain a nvmnlike romplaceney duml
id rliiiuls which have of t.ie tinl-d lc r
:a.U-' ' ' - , -