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32D CONG.....3D SESS.

Special Session-President's Inaugural Address.

preferment, or title to secure for him place, it will be his privilege, and must be his acknowledged right, to stand unabashed, even in the presence of princes, with a proud consciousness that he is himself one of a nation of sovereigns, and that he cannot, in legitimate pursuit, wander so far from home that the agent whom he shall leave behind in the place I now occupy, will not see that no rude hand of power or tyrannical passion is laid upon

One of the most impressive evidences of that wisdom is to be found in the fact that the actual working of our system has dispelled a degree of solicitude which, at the outset, disturbed bold hearts and far-reaching intellects. The apprehension of dangers from extended territory, multiplied States, accumulated wealth, and augmented population, has proved to be unfounded. The stars upon you banner have become nearly threefold their original number, your densely popula-him with impunity. He must realize that upon ted possessions skirt the shores of the two great oceans, and yet this vast increase of people and territory has not only shown itself compatible with the harmonious action of the States and the Federal Government in their respective constitutional spheres, but has afforded an additional guarantee of the strength and integrity of both.

With an experience thus suggestive and cheering, the policy of my administration will not be controlled by any timid forebodings of evil from expansion. Indeed, it is not to be disguised that our attitude as a nation, and our position on the globe, render the acquisition of certain possessions not within our jurisdiction, eminently important for our protection, if not, in the future, essential for the preservation of the rights of commerce and the peace of the world. Should they be obtained, it will be through no grasping spirit, but with a view to obvious national interest and security, and in a manner entirely consistent with the strictest observance of national faith. We have nothing in our history or position to invite aggression; we have everything to beckon us to the cultivation of relations of peace and amity with all nations. Purposes, therefore, at once just and pacific, will be significantly marked in the conduct of our foreign affairs. I intend that my administration shall leave no blot upon our fair record, and trust I may safely give the assurance that no act within the legitimate scope of my constitutional control will be tolerated on the part of any portion of our citizens which cannot challenge a ready justification before the tribunal of the civilized world. An Administration would be unworthy of confidence at home, or respect abroad, should it cease to be influenced by the conviction that no apparent advantage can be purchased at a price so dear as that of national wrong or dishonor. It is not your privilege, as a nation, to speak of a distant past. The striking incidents of your history, replete with instruction, and furnishing abundant grounds for hopeful confidence, are comprised in a period comparatively brief. But if your past is limited, your future is boundless. Its obligations throng the unexplored pathway of advancement, and will be limitless as duration. Hence a sound and comprehensive policy should embrace not less the distant future than the urgent present.

The great objects of our pursuit, as a people, are best to be attained by peace, and are entirely consistent with the tranquillity and interests of the rest of mankind. With the neighboring nations upon our continent we should cultivate kindly and fraternal relations. We can desire nothing in regard to them so much as to see them consolidate their strength, and pursue the paths of prosperity and happiness. If, in the course of their growth, we should open new channels of trade, and create additional facilities for friendly intercourse, the benefits realized will be equal and mutual. Of the complicated European systems of national policy we have heretofore been independent. From their wars, their tumults, and anxieties, we have been, happily, almost entirely exempt. Whilst these are confined to the nations which gave them existence, and within their legitimate jurisdiction, they cannot affect us, except as they appeal to our sympathies in the cause of human freedom and universal advancement. But the vast interests of commerce are common to all mankind, and the advantages of trade and international intercourse must always present a noble field for the moral influence of a great people.

With these views firmly and honestly carried out, we have a right to expect, and shall, under all circumstances, require prompt reciprocity. The rights which belong to us as a nation are not alone to be regarded, but those which pertain to every citizen in his individual capacity, at home and abroad, must be sacredly maintained. So long as he can discern every star in its place upon that ensign, without wealth to purchase for him

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every sea, and on every soil, where our enterprise may rightfully seek the protection of our flag, American citizenship is an inviolable panoply for the security of American rights. And, in this connection, it can hardly be necessary to reaffirm a principle which should now be regarded as fundamental. The rights, security, and repose of this Confederacy reject the idea of interference or colonization, on this side of the ocean, by any foreign Power, beyond present jurisdiction, as utterly inadmissible.

SENATE.

pacity, wherever there are duties to be performed. Without these qualities in their public servants, more stringent laws for the prevention or punishment of fraud, negligence, and peculation will be vain. With them, they will be unnecessary.

But these are not the only points to which you look for vigilant watchfulness. The dangers of a concentration of all power in the General Government of a Confederacy so vast as ours, are too obvious to be disregarded. You have a right, therefore, to expect your agents, in every Department, to regard strictly the limits imposed upon them by the Constitution of the United States. The great scheme of our constitutional liberty rests upon a proper distribution of power between the State and Federal authorities; and experience has shown that the harmony and happiness of our people must depend upon a just discrimination between the separate rights and responsibilities of the States and your common rights and obligations under the General Government. And here, in my opinion, are the considerations which should form the true basis of future concord, in regard to the questions which have most seriously disturbed public tranquillity. If the Federal Government will confine itself to the exercise of powers clearly granted by the Constitution, it can hardly happen that its action upon any question should endanger the institutions of the States, or interfere with their right to manage matters strictly domestic according to the will of their own people.

The opportunities of observation, furnished by my brief experience as a soldier, confirmed in my own mind the opinion, entertained and acted upon by others from the formation of the Government, that the maintenance of large standing armies in our country would be not only dangerous, but unnecessary. They also illustrated the importance, I might well say the absolute necessity, of the military science and practical skill furnished, in such an eminent degree, by the institution which has made your Army what it is, under the discipline || and instruction of officers not more distinguished for their solid attainments, gallantry, and devotion to the public service, than for unobtrusive bearing and high moral tone. The Army, as organized, must be the nucleus around which, in every time of need, the strength of your military power, the sure bulwark of your defense-a national militia-may be readily formed into a well disciplined and efficient organization. And the skill and self-devotion of the Navy assure you that you may take the performance of the past as a pledge for the future, and may confidently expect that the flag which has waved its untarnished folds over every sea, will still float in undiminished honor. But these, like many other subjects, will be appropriately brought, at a future time, to the attention of the coödinate branches of the Government, to which I shall always look with profound respect, and with trustful confidence that they will accord to me the aid and support which I shall so much need, and which their experience and wis-radiant constellation, which both illumes our own dom will readily suggest.

In the administration of domestic affairs you expect a devoted integrity in the public service, and an observance of rigid economy in all departments, so marked as never justly to be questioned. If this reasonable expectation be not realized, I frankly confess that one of your leading hopes is doomed to disappointment, and that my efforts, in a very important particular, must result in a humiliating failure. Offices can be properly regarded only in the light of aids for the accomplishment of these objects; and as occupancy can confer no prerogative, nor importunate desire for preferment any claim, the public interest imperatively demands that they be considered with sole reference to the duties to be performed. Good citizens may well claim the protection of good laws and the benign influence of good government; but a claim for office is what the people of a Republic should never recognize. No reasonable man of any party will expect the Administration to be so regardless of its responsibility, and of the obvious elements of success, as to retain persons, known to be under the influence of political hostility and partisan prejudice, in positions which will require not only severe labor, but cordial coöperation. Having no implied engagements to ratify, no rewards to bestow, no resentments to remember, and no personal wishes to consult, in selections for official station, I shall fulfill this difficult and delicate trust, admitting no motive as worthy either of my character or position which does not contemplate an efficient discharge of duty and the best interests of my country. I acknowledge my obligations to the masses of my countrymen, and to them alone. Higher objects than personal aggrandizement gave direction and energy to their exertions in the late canvass, and they shall not be disappointed. They require at my hands diligence, integrity, and ca

In expressing briefly my views upon an important subject which has recently agitated the nation to almost a fearful degree, I am moved by no other impulse than a most earnest desire for the perpetuation of that Union which has made us what we are, showering upon us blessings, and conferring a power and influence which our fathers could hardly have anticipated, even with their most sanguine hopes directed to a far-off future. The sentiments I now announce were not unknown before the expression of the voice which called me here. My own position upon this subject was clear and unequivocal, upon the record of my words and my acts; and it is only recurred to at this time because silence might perhaps be misconstrued. With the Union my best and dearest earthly hopes are entwined. Without it, what are we, individually or collectively? What becomes of the noblest field ever opened for the advancement of our race, in religion, in government, in the arts, and in all that dignifies and adorns mankind? From that

way and points out to struggling nations their course, let but a single star be lost, and, if there be not utter darkness, the luster of the whole is dimmed. Do my countrymen need any assurance that such a catastrophe is not to overtake them while I possess the power to stay it?

It is with me an earnest and vital belief, that as the Union has been the source, under Providence, of our prosperity to this time, so it is the surest pledge of the continuance of the blessings we have enjoyed, and which we are sacredly bound to transmit undiminished to our children. The field of calm and free discussion in our country is open, and will always be so, but it never has been and never can be traversed for good in a spirit of sectionalism and uncharitableness. The founders of the Republic dealt with things as they were presented to them, in a spirit of self-sacrificing patriotism, and, as time has proved, with a comprehensive wisdom which it will always be safe for us to consult. Every measure tending to strengthen the fraternal feelings of all the members of our Union has had my heartfelt approbation. To every theory of society or government, whether the offspring of feverish ambition or of morbid enthusiasm, calculated to dissolve the bonds of law and affection which unite us, I shall interpose a ready and stern resistance. I believe that involuntary servitude, as it exists in different States of this Confederacy, is recognized by the Constitution. I be lieve that it stands like any other admitted right, and that the States where it exists are entitled to efficient remedies to enforce the constitutional provisions. I hold that the laws of 1850, commonly called the "compromise measures, "are strictly constitutional, and to be unhesitatingly carried into effect. I believe that the constituted authorities of this Republic are bound to regard the rights of the South in this respect as they would view any other

32D CONG.....3D Sess.

legal and constitutional right, and that the laws to enforce them should be respected and obeyed, not with a reluctance encouraged by abstract opinions as to their propriety in a different state of society, but cheerfully, and according to the decisions of the tribunal to which their exposition belongs. Such have been and are my convictions, and upon them I shall act. I fervently hope that the question is at rest, and that no sectional, or ambitious, or fanatical excitement may again threaten the durability of our institutions, or obscure the light of our prosperity.

But let not the foundation of our hope rest upon man's wisdom. It will not be sufficient that sectional prejudices find no place in the public deliberations. It will not be sufficient that the rash counsels of human passion are rejected. It must be felt that there is no national security but in the nation's humble, acknowledged dependence upon God and his overruling providence.

We have been carried in safety through a perilous crisis. Wise counsels, like those which gave us the Constitution, prevailed to uphold it. Let the period be remembered as an admonition, and not as an encouragement, in any section of the Union, to make experiments where experiments are fraught with such fearful hazard. Let it be impressed upon all hearts, that, beautiful as our fabric is, no earthly power or wisdom could ever reunite its broken fragments. Standing as I do almost within view of the green slopes of Monticello, and, as it were, within reach of the tomb of Washington, with all the cherished memories of the past gathering around me, like so many eloquent voices of exhortation from Heaven, I can express no better hope for my country than that the kind Providence which smiled upon our fathers may enable their children to preserve the blessings they have inherited.

The President having concluded his address, the Senate returned to its Chamber, and resumed its business.*

THE INAUGURATION attracted to the metropolis a greater number of persons from places more or less remote than any previous occasion of the kind, or indeed any ceremonial whatever. Possibly the census of our district cities has been increased within a week upwards of twenty thousand, so that all our hotels, boarding-houses, and places of public entertainment, not to mention the great extension of private hospitalities, have been crowded as never before. Every contrivance that ingenuity and a spirit of accommodation could devise has been put into requisition, in many establishments, to render the vast and sudden influx of strangers all the comfort possible. Though many persons residing within moderate distances from the city returned home after the conclusion of the ceremonies, by railroad and private vehicles, still the places of public entertainment are fully occupied.

At an early hour this morning drums beat and music resounded in various parts of the city, as it were to arouse and prepare the people for the pageant of the day. The country adjacent poured in upon us from every point of the compass, by carriage, horse, and foot, until at length there must have been for a time approximating seventy or eighty thousand persons within our city limits. During the forenoon, Pennsylvania avenue was lined with patiently-expectant spectators, either standing at favorable positions on the sidewalks, or thronging the windows commanding the line of procession. The weather was not pleasant; a raw northeasterly wind, wafting a pretty continuous, though fast melting snow, made its effects felt.

As per programme, the military companies of our own and other places (eighteen in number) met on the parade ground in front of the City Hall, where they were organized under the command of Colonel William Hickey, commanding the volunteer regiment of the District of Columbia. The other constituent parts of the procession took position upon the same ground. They then, about noon, marched thence down Louisiana to Pennsylvania avenue, to escort the President elect from his lodgings (Willard's Hotel) to the Capitol. Arrived at the hotel, the procession was joined by an open barouche, containing the President and President elect, the Hons. Jesse D. Bright and Hannibal Hamlin, of the Committee of Arrangements; the barowche being surrounded by the Marshal of the District of Columbia and his Aids, and followed by several Democratic and Fire

men's associations.

By prior arrangement, in order to accommodate the people as much as possible in their view of the ceremony of the inauguration, the large gates of the Capitol yard were closed to carriages. The President's party and the diplomatic corps were admitted by the north side gate, and a covered way to the north door of the Capitol. The remaining (pedestrian) portion of the procession, with the people at large, entered by the northern side gate.

The President, President elect, and Committee of Arrangements. Marshals, &c., having arrived in the Senate

Chamber, after the usual formalities there, they proceeded

thence to the platform erected for the occasion over the steps leading up to the eastern portico. The President elect then stood forward, and, holding up his right hand, took the oath of office, which was administered by the Chief Justice of the United States. The new President then delivered his Inaugural Address.-National Intelligencer.

Special Session-Committees.

HOUR OF MEETING.

On the motion of Mr. RUSK, it was ordered that the daily hour of meeting shall be twelve o'clock, m.

RECESS.

On motion by Mr. WELLER, it was ordered that when the Senate adjourns, it adjourn to meet on Monday next.

On motion by Mr. PETTIT, the Senate adjourned.

MONDAY, March 7, 1853.

Prayer by the Rev. C. M. BUTler.

The Journal of the proceedings in the special session on Friday last, embracing the proclamation of the President of the United States by which it was convened, was read.

On the motion of Mr. FISH, the Journal was corrected. It was stated that his colleague [Mr. SEWARD] was present on Friday last, whereas he had beer temporarily caned home by indisposition in his family.

COMMITTEE TO WAIT ON THE PRESIDENT. lution; which was considered by unanimous conMr. WALKER submitted the following resosent and agreed to:

Resolved, That a committee, consisting of two members, be appointed by the President of the Senate to wait on the President of the United States, and inform him that the Senate is assembled, and ready to receive any communications he may be pleased to make.

Mr. WALKER and Mr. PHELPS were appointed the committee.

CLAYTON-BULWER TREATY.

Mr. CLAYTON. I submit the following resolution:

Resolved, That the President be respectfully requested, if compatible in his opinion with the public interest, to communicate to the Senate the propositions mentioned in the letter of the Secretary of State accompanying the Executive message to the Senate of the 18th February last, as having been agreed upon by the Department of State, the British Minister, and the State of Costa Rica, on the 30th of April, 1852, having for their object the settlement of the territorial controversies between the States and Governments bordering on the river San Juan.

Resolved, That the Secretary of State be directed to communicate to the Senate such information as it may be in the power of his Department to furnish, in regard to the conflicting claims of Great Britain and the State of Honduras to the islands of Roatan, Bonacca, Utilla, Barbarat Helene, and Morat, in or near the Bay of Honduras.

I desire to say, that whenever that resolution can come before the Senate without interfering with the necessary business of the Senate at this time, it is my purpose to discuss the topics which are suggested by the resolution. I hope to have the opportunity of doing so at an early period.

HON. DAVID L. YULEE.

Mr. MORTON submitted the following resolution for consideration:

Resolved, That there be paid out of the contingent fund of the Senate to the honorable David L. Yulee, a sum equal to the amount of mileage and per diem compensation of a Senator, from the commencement of the first session of the Thirty-second Congress to the 27th of August, 1852, the day on which the Senate decided that the honorable Stephen R. Mallory, whose seat in the Senate was claimed by him, was duly elected a member of the Senate from the State of Florida.

REPAIRING OF CAPITOL ROOMS. Mr. JONES, of Iowa, submitted the following resolution for consideration:

Resolved, That the Secretary of the Senate pay the amount which may be allowed by the Committee to Audit and Control the Contingent Expenses of the Senate, for the expenses incurred during the last session, in repairing and fitting up for use two rooms in the basement of the Capitol. SENATOR FROM LOUISIANA.

Mr. SOULE. I present to the Senate the memorial of several members of the General Assembly of the State of Louisiana, protesting against the action of the Legislature of that State in electing my present colleague [Mr. BENJAMIN] to the seat which he now occupies. The question raised is as to the legality of that election by the Legislature of 1852. The Legislature has this year deIclined going into a new election, thereby either indorsing the action of the Legislature in 1852, or conceding that they had no right to proceed to a new election. Such being the circumstances under which the memorial has been sent to me, I comply with the request directing me to present it to the Senate, but shall decline taking any further action upon the subject.

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TUESDAY, March 8, 1853.

Prayer by the Chaplain, Rev. C. M. BUTLER. Mr. BRIGHT. It is necessary, to carry out the organization of the Executive session, to appoint committees. Each side of the Chamber has conferred and agreed upon the list which the honorable Senator from North Carolina [Mr. BADGER] holds in his hand. It requires unanimous consent to permit him to present that report, and to have it acted upon. The report which he makes will be temporary-for this session only; and at the next session of Congress there will be a reorganization. I move that he have unanimous consent to present that list, and that it be acted upon without proceeding to ballot, as is prescribed by the rules of the Senate.

Unanimous consent was given.

Mr. BADGER. I believe, since I have been a member of this Senate, this has been the usual custom which has been pursued. This list has necessarily been prepared in great haste, and, as stated by the honorable Senator from Indiana, for the purposes of the present session. The list is as follows.

On Foreign Relations.-Mr. Mason, chairman; Messrs. Douglas, Clayton, Norris, and Everett, On Finance.-Mr. Hunter, chairman; Messrs. Bright, Pearce, Gwin, and Badger.

On Commerce.-Mr. Hamlin, chairman; Messrs. Soulé, Seward, Dodge of Wisconsin, and Benjamin.

On Military Affairs.-Mr. Shields, chairman; Messrs. Borland, Dawson, Fitzpatrick, and Jones of Tennessee.

On Naval Affairs. - Mr. Gwin, chairman; Messrs. Mallory, Fish, Thomson of New Jersey, and Toombs.

On Public Lands.-Mr. Borland, chairman; Messrs. Dodge of lowa, Pratt, Pettit, and Thompson of Kentucky.

On Indian Affairs.-Mr. Sebastian, chairman; Messrs. Walker, Cooper, Rusk, and Smith.

On Claims.-Mr. Brodhead, chairman; Messrs. Adams, Pratt, Chase, and Wade.

On the Judiciary. Mr. Butler,__ chairman; Messrs. Toucey, Geyer, Stuart, and Phelps.

On the Post Office and Post Roads.-Mr. Rusk, chairman; Messrs. Soulé, Morton, Hamlin, and Smith.

On Roads and Canals.-Mr. Bright, chairman; Messrs. Douglas, Geyer, Adams, and Sumner. On Pensions.-Mr. Jones, of Iowa, chairman; Messrs. Weller, Foot, Evans, and Toombs.

On the District of Columbia.-Mr. Shields, chairman; Messrs. Norris, Badger, Mallory, and Cooper.

On Patents and the Patent Office.-Mr. James, chairman; Messrs. Evans, Dawson, Stuart, and Smith.

On Territories. Mr. Douglas, chairman;

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32D CONG....3D SESS.

Special Session-Personal Explanation by Mr. Badger.

Messrs. Weller, Cooper, Houston, and Jones of Tennessee.

To Audit and Control the Contingent Expenses of the Senate.-Mr. Dodge, of Iowa, chairman; Messrs. Foot and Bright.

On Public Buildings.-Mr. James, chairman; Messrs. Badger and Hunter.

On the Library.-Mr. Pearce, chairman; Messrs. Bayard and Atherton.

The committees were agreed to.

HON. DAVID L. YULEE.

Mr. MORTON. I desire to ask the Senate to take up for consideration the resolution which I submitted yesterday, in relation to the per diem and mileage of my late colleague, [Mr. YULEE.] I am anxious that it should receive the action of the Senate, one way or the other.

Mr. CLAYTON. I hope the Senator will not press his request now.

Mr. MORTON. If there are any other matters before the Senate, I will not press it this morning. Mr. CLAYTON. I hope the Senator will permit the resolutions I submitted yesterday, to be taken up.

Mr. MORTON. I withdraw my request.

CLAYTON-BULWER TREATY.

The Senate proceeded to the consideration of the resolutions submitted yesterday by Mr. CLAYTON, as follows:

Resolved, That the President be respectfully requested, if compatible, in his opinion, with the public interest, to communicate to the Senate the propositions mentioned in the letter of the Secretary of State accompanying the Executive message to the Senate of the 18th February last, as having been agreed upon by the Department of State, the British Minister, and the State of Costa Rica, on the 30th of April, 1852, having for their object the settlement of the territorial controversies between the States and Governments bordering on the river San Juan.

Resolved, That the Secretary of State be directed to communicate to the Senate such information as it may be in the power of his Department to furnish, in regard to the conflicting claims of Great Britain and the State of Honduras to the islands of Roatan, Bonacca, Utilla, Barbarat, Helene, and Morat, in or near the Bay of Honduras.

Mr. CLAYTON addressed the Senate for more than two hours upon the resolutions, and without concluding, gave way to a motion to postpone the further consideration of the resolutions until tomorrow; which was agreed to..

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WEDNESDAY, March 9, 1853. Prayer by the Chaplain, Rev. C. M. BUTLER. Mr. BADGER. In proposing the committees yesterday, an oversight was made in regard to the Committee on Printing, which, as it may be necessary in the course of the Executive session, I ask the unanimous consent of the Senate to have now appointed. I propose that the following be the members of that committee: Mr. BORLAND, chairman; Messrs. HAMLIN and SMITH.

The motion was agreed to.

PERSONAL EXPLANATION.

Mr. BADGER. I desire to ask a few minutes of the time of the Senate this morning, for the purpose of making what is commonly called a personal explanation. It is the first time in the course of my service in the Senate-which has now extended into the seventh session-that I have ever troubled myself with any matters which happen outside of the Chamber, and have ever thought any personal concern of mine important enough to excite the attention of this body. I am in the habit of looking on every assault made against me in the public press with indifference, bordering very strongly on contempt, and perhaps have carried the matter rather further than a just consideration of what is due to my position and to my constituents exactly warranted. But a case has now arisen which I feel myself bound to make an exception to the general rule of silence, indifference, and contempt, which I have observed, because it is necessary to do so, both in justice to myself and to Mr. MANGUM, my late colleague in this body. A friend has transmitted to me a slip which I hold

in my hand, taken from a political newspaper printed in the town of Wilmington, North Carolina, which I ask may be read as the basis of the observations which I have to submit to the Senate. The Secretary read it as follows:

"THIS WEEK.-The close of business on Thursday night virtually concludes the present Administration of national affairs. At twelve o'clock on Friday, Franklin Pierce will take the oath of office as President of the United States.

"The present Congress will also end at the same time, and there is great reason to fear that it will go out without having done anything for our river or bars. The only chance now is with the Senate, and both the Senators from this State turn their backs upon the affair and upon us. Whig or Democrat, Federalist or Republican, we must have a Cape Fear Senator, if we hope to have anything done for the interests of this portion of the State. Messrs. Badger and Mangum care for us about the value of a chew of tobacco. Perhaps, however, Mr. Ashe may yet be able to effect something through others; but it is an up-hill business, when even the urgent resolutions of the Legislature of their own State cannot induce our North Carolina Senators to cooperate with him. That they have refused to do so, we know."

Mr. BADGER. The second session which 1 served in this body, I was called upon by the inhabitants of Wilmington, and others who were immediately interested in the navigation of Cape Fear river at and below that town, to endeavor to secure some appropriation furnishing lights and buoys for that river. I set myself to work, as of course I was bound to do, and endeavored to have that measure of just relief extended to the people of that portion of the State; and I was successful in procuring the first and, so far as I know, the only effectual measure for giving security to the navigation of that stream. On that and on every occasion, it has been my custom rather to endeavor to do what the interests of my constituents required, than to make a public exhibition of myself on this floor as their friend, always preferring to have measures adopted for their relief rather than to make speeches by which I might hold myself forth as their special champion. This winter my attention was early called to the necessity for an appropriation in respect to the entrance of Cape Fear river, the case made being this: The Government of the United States had established certain jetties to protect the site of Fort Caswell, the effect of which had been to make that side of the entrance firm, but to turn the current to Bald Head, on the opposite point; and by washing loose sands to precipitate them into the channels, and so to promote a rapid filling up, the consequence of which was that the channel was shallowed from twenty to twelve feet, and was losing its present depth at the rate of nine inches a year. The Legislature of the State adopted a resolution on the subject, which I had the honor to present here, and had referred to the Committee on Commerce. I felt the absolute necessity for something being done, and done promptly; that it was a condition of things not only that required relief, but which did not admit of delay in affording that relief.

I learned afterwards, from my friend who is at the head of the Committee of Commerce, [Mr. HAMLIN,] that the committee had declined to report any separate measure, and would allow these things to be considered only upon a general bill. I thought that was unjust to the particular locality of which I have spoken, and having provided my self with a communication from Professor Bache, showing not only the necessity of the work, but that it was indispensable that it should be immediately commenced, I procured the unanimous consent of the Committee on Naval Affairs to re

port an amendment proposing an appropriation of $50,000 for the object. At the same time the committee unanimously concurred in reporting a similar amendment for removing wrecks from the Savannah river, in the State of Georgia; and as I was called upon by you, sir, to relieve you in part from the oppressive labors brought upon the Chair by the close of the session, it was agreed between me and the late Senator from Georgia (Mr. CHARLTON) that the amendment should be offered by him. I signified to several of my friends on this floor, particularly my friends on the Democratic side of the Chamber-among whom it gives me great satisfaction to say that I have many warm ones-that this was a measure not only right and proper in itself; not only requiring immediate provisions by law, but that I felt a personal interest and anxious personal desire that the amendment should be adopted. The

SENATE.

two amendments were proposed by the late Senator from Georgia. They were adopted. They were sent to the House of Representatives, which refused its concurrence. The honorable chairman of the Committee on Naval Affairs, [Mr. Gwin,] who was upon the two Committees of Conference between the two Houses upon the Navy appropriation bill, knows, that at my earnest instance, he made it a point to insist upon those amendments; and my friend from Georgia, also, [Mr. DAWSON,] a member of the committee, who is not now present, joined him in insisting upon it; and feeling the present necessity, as well as yielding to my personal wishes and solicitation on the subject, offered in committee that he would surrender the appropriation for the river in his own State, if the House committee would agree to permit this appropriation for Cape Fear to pass.

In all these proceedings I had the cheerful, hearty, and anxious concurrence of Mr. MANGUM, my late colleague, who in each and every respect acted as became an American Senator and as a North Carolinian, feeling it his special duty to provide for what was necessary for any and every portion of the State which jointly with me he represented on this floor.

comes.

In these proceedings, Mr. President, I discharged nothing more than I felt to be my duty. I desired no thanks. I expected no commendation. At least I knew I should receive none from the quarter from which the extract which has been read But I did think, and do think, that it is a little hard, when a gentleman has thus endeavored to procure what is desired for a particular locality in his State, that he should be falsly denounced as having utterly refused to coöporate with the gentleman who represents that district in the other House, in endeavoring to procure this relief, and turned his back as in scorn and contempt to the application.

Mr. President, I feel desirous, now and ever, to vindicate myself from the suspicion that under any circumstances I could permit personal or political considerations, public or private griefs, to induce me to neglect any duty which belongs to me as an American Senator, and especially any duty which belongs to me as a Senator from the State of North Carolina. This communication remarks, that it is absolutely necessary, in order to have these things done, that the Cape Fear portion of the State shall have a Senator upon this floor. I have no doubt that there are many gentlemen there who could represent the State on this floor with far greater ability than myself, and possibly with greater ability than my fate colleague; but this I venture to assert, that no man from that or any other section of the State, can ever represent it with truer devotion, and more earnest and unfaltering attention to the promotion of every interest of North Carolina of which the General Government has charge; and I will add another thing, that, if any gentleman shall be sent here from the Cape Fear region, and he expects to procure the aid or assistance of the Senate in promowhether ting measures of internal improvements, of harbors or rivers, which he may deem essential in his own State, he will have to adopt a different system of tactics, and avow a different system of principles from those which have generally been avowed by the representatives of that portion of the State. It is not the most persuasive method of getting gentlemen who represent other portions of the country to do anything for North Carolina, to announce that he who asks the assistance or favor is utterly opposed to doing anything for any other portions of the country.

Mr. President, I am sorry to have trespassed upon the Senate, and especially that I have been obliged to make this statement, containing necessarily so much of egotism; but I felt that it was due to myself. I did not choose that my constituents in North Carolina, my Democratic constituents, who are just and honorable men, should, by anything in the party press, suppose me to be the unworthy person which I am represented in that publication to be. I take this method, in justice to my late colleague and myself, of putting this matter right, because the leading Democratic journal here, being one of the official reporters of the Senate, this explanation will appear in its columns, and be read by hundreds in North Carolina who never otherwise would see it. I believe I

32D CONG.....3D SESS.

might appeal, if necessary, for confirmation of what I have said to the honorable Senator from California, [Mr. GWIN,] the chairman of the Committee on Commerce, [Mr. HAMLIN,] and to other Senators, but I have done.

Mr. GWIN. I consider it an act of duty to the honorable Senator from North Carolina, to corroborate every word he has stated with regard to this matter. He brought that subject to the notice of the Committee on Naval Affairs before the naval appropriation bill had come from the House of Representatives, and he always pressed it upon me as an important measure, and manifested an earnest desire to have the subject considered when we met at the proper time. When the naval appropriation bill came from the House of Representatives, it was at so late a period in the session, that without being fully considered, I am sure without being considered at all in the Committee on Finance, it was reported without amendment, and the responsibility was thrown upon the Naval Committee, of proposing amendments to it. And I will say that when the Naval Committee met for the purpose of proposing amendments which they had prepared to the bill, the first one that came up was the amendment for the appropriation for the improvement of Cape Fear river, and in order that it should have that consideration to which the committee thought it entitled, when the bill came up for consideration in the Senate, I gave way, as chairman of the Naval Committee, to allow the Senator from Georgia, [Mr. CHARLTON]-the honorable Senator from North Carolina [Mr. BADGER] being in the chair-to make a motion to consider this amendment first, so that if there was any contest with regard to it, there might be a full and fair opportunity of discussing it, in order to show the necessity of the appropriation.

Further than that: the amendment passed this body, as is known, without any serious opposition; and when the Committee of Conference was raised, the Senator from North Carolina came to me, and I believe to the Senator from Georgia [Mr. DAWSON] also, who was a member of the Committee of Conference, and urged, with all the earnestness and power he possessed, the necessity of this appropriation, and he brought reasons to bear on my mind which were imperative, for insisting upon it. It is well known that I voted against the river and harbor bill on account of its partial operation. I looked upon this as an improvement that was necessary, because the obstruction was created by the Government itself. Not only did I advocate it in the Committee of Conference, as I stated to the Senator that I would, but the committee broke up on this especial item, and the one connected with the naval depôt at New Orleans. And when a second Committee of Conference was called, of which I was a member, that committee on three different occasions were prepared to separate, because the Senators from Georgia and Louisiana refused peremptorily to give up this appropriation at the earnest suggestion of the Senator from North Carolina. There never was a greater injustice done to any man than that of saying that he has not exerted himself, from the beginning to the end, in order to get the appropriation. He may not have spoken in the Senate on this subject, it is true, but he did speak to that portion of this body to whom the power of bringing the measure forward was intrusted-the Committee on Naval Affairs.

Mr. BADGER. I was in the chair. Mr. GWIN. I will say further, that when the first committee broke up, and we came back and reported that we could not agree, it is well known that the Senator from North Carolina moved that we should adhere to our amendments; and he withdrew that motion at my solicitation, in order that we might agree with the House on all the amendments which we were willing to give up. And then he intended to move to adhere, and make it imperative upon the House of Representatives to reject the bill, or agree to this amendment. But, at the earnest solicitation of the chairman of the Committee on Finance, and other members of the Senate, I retained the floor, and made the motion to insist, and agree to another committee of conference. The Senator from North Carolina voted against that motion, because he wanted to adhere, and make it imperative upon the House of Repre

Special Session-Clayton-Bulwer Treaty.

sentatives to lose the bill, or else give this appropriation among others which they had refused. I have always said, and always will say, that although the Senator from North Carolina does not make much noise about his State here in the Senate, yet, whenever the interests of his State are before a committee, he attends to them with as much zeal and fidelity as any member of the body attends to the interests of his constituents. I have never known him to be wanting on any proper occasion.

Mr. HAMLIN. I think it but just that I should bear testimony to what has fallen from the Senator from North Carolina, so far as the action of the Committee on Commerce is concerned, and so far as his application in relation to the subject before the committee is concerned. An actual report was made to the Senate, embracing estimates for all appropriations for harbors, rivers, and lakes; and in that communication were estimates for the two places he has named: Cape Fear river and the Savannah river. So earnest was the Senator from North Carolina to have these subjects separate and distinct from all others, that he came personally before the Committee on Commerce and solicited its separate action. In the judgment of the committee, there was no difference between these cases and others contained in the general estimates, except in degree; and if there was a more urgent necessity for these cases, there was still an urgent necessity for other cases; and while I, as chairman of the committee, was in favor of separate reports in the case, the committee overruled me, and were unwilling to separate it from a general bill. I think the Senator from North Carolina has erred in one particular, and I think the Senate has a right to complain, but not his constituents; and that was, taking the matter from the appropriate committee to which it belonged and carrying it to a committee which had not the subject before them, and getting an appropriation here somewhat by indirection. I do not find fault with him. I did not know that the recommendation of the Committee on Naval Affairs had been made until it was adopted. The Senator from North Carolina knows very well that I opposed a similar appropriation when of fered by the Senator from New York; and he also knows very well that I would have opposed his proposition if I had been in my place when it was offered. But inasmuch as it was adopted by the Senate at the earnest solicitation of the Senator from North Carolina, I withdrew the motion to reconsider it.

SENATE.

ancient associates who served with me in this body twenty-four years ago is now present. I am irresistibly led back to the events of a period over which nearly a quarter of a century has spread its mantle, when those who filled this Chamber as the representatives of the sovereign States of this Union mingled in discussion on the great issues then before the country, and when the walls of this Chamber daily rung with the echoes of their voices, as they poured forth the logic and the wisdom and the wit" for which they were so preeminently distinguished. Their debates were but justly compared to the procession of a Roman triumph moving in dignity and order to the lofty music of its march, and glittering all over with the spoils of the civilized world. They are gone; and I, the youngest and humblest of their body, am left to tell the tale. The last of them who left this scene of their strifes and contentions, was the present Vice President of the United States, the Hon. William R. King, who presided over the deliberations of the Senate nearly twenty years with unsurpassed ability and impartiality, and who, during a long period, occupied the post of chief distinction here as the chairman of the Committee on Foreign Relations.

"Statesman, yet friend to truth, of soul sincere,
In action faithful, and in honor clear!"

I confess, also, a feeling of embarrassment from another source. I am called upon to vindicate myself against charges of the grossest character preferred against me here during my absence. It is the first time in the course of a long life that I have found it necessary to defend myself against degrading imputations before any public tribunal. The calumnies which have been uttered here, were all made in connection with the treaty of the 19th of April, 1850; and I intend, if health and strength permit, to vindicate the course which I adopted while acting as Secretary of State under the administration of the lamented Taylor, in regard to the negotiation of that treaty. It is a duty incumbent on me to speak; not, however, merely for my own vindication, but to enable others now in the administration of the Government to understand a subject upon which truth has been more perverted, and falsehood more industriously propagated, than on any other topic of the day. In discharging this duty, I shall endeavor to speak of others with all possible respect, consistently with what I owe to truth, to the country, and to myself. All who recollect my course of conduct while I occupied a seat in this Chamber, will bear me witness that I never assailed any man personally in debate-never was engaged in any controversy, personal in its character, with any one unless it was previously provoked by him. Odi accipitrem. But now let it be well understood by all here, that for every word I utter in debate, I hold myself personally responsible everywhere, as a gentleman and a man of honor. I have very great contempt for that class of puppies whose courage is evinced by their silence when they are hung up by the ear. When attacked, I will defend myself without the slightest regard to consequences; and in doing that, as I am liable to the infirmities of other men, I will carry the war into Africa whenever I think the assailant worthy of my notice. On this occasion much of what I intended to say must be omitted, in consequence of the absence of the distinguished Senator from Michigan, [Mr. CASS,] who introduced the discussion in this Chamber of Thursday, the 6th of January last. I regret his absence, and the cause of it. I cannot say those things which I had intended to say to him if he were here, for I do not much approve of the modern plan of attacking absent men, who can have no opportunity of defending themselves on the spot. However, in speaking of the subjects referred to in that debate, in which that Senator was my principal accuser during my absence, I must necessarily speak of him, because my own defense, for which I have demanded liberty of speech at the first moment after the Senate could possibly hear me, would otherwise be unintelligible. And I will say further, that I am willing to remain here till harvest if neMr. CLAYTON. In rising for the first time,||cessary, in order that all others who may choose after a long absence, to address the Senate, I labor to reply to anything I shall say, may have full and under some embarrassment, from observing that ample opportunity of doing so. the gentlemen around me are generally strangers to me, and that not a single individual of allˇmy

Mr. BORLAND. I hope I will be permitted to say one word in connection with this subject. As is well known, I have as little political sympathy with the Senator from North Carolina as any other member of this body. I am proud to say, however, that personally our relations are, and always have been, of the most pleasant character. In regard to this particular matter, it so happens that I can speak to one point of some importance. When the appropriation came before the Senate, or rather when I knew it was coming before the Senate, I expressed an opposition to it; not that I objected to the removal of the obstructions, but I objected to it as a separate measure, and insisted that it should take its stand among the appropriations for removing obstructions in other rivers and harbors. The Senator from North Carolina came to me, and made an appeal in behalf of this particular work, and put its character and its necessity in such a light before me, that I yielded to his request; and I must be permitted to say, however it may reflect on me generally as a legislator, that I was as much influenced by my personal relations and kindness for him as any conviction of the importance of the work.

CLAYTON-BULWER TREATY.

The Senate resumed the consideration of the resolutions submitted on Monday last by Mr. CLAYTON.

Mr. CLAYTON Concluded the remarks which he commenced yesterday. His speech is as follows:

||

At the time to which I have referred, the 6th of January last, the Senator from Michigan rose in

248

32D CONG.....3D SESS.

APPENDIX TO THE CONGRESSIONAL GLOBE.

his place, and demanded an opportunity to make a personal explanation. In the course of that explanation he distinctly charged me, as all the reports of his remarks which appeared in the public prints on that and the succeeding day will show, with having recognized the British title in Honduras, commonly called the Balize. My letter to Mr. Bulwer, on the 4th of July, 1850, completely disproves this accusation, and shows that I carefully avoided the very thing of which he accused me. Another version of his speech afterwards appeared, charging me with having admitted by my letter that Central America was not Central America at all, and that the treaty did not apply to any territory where Great Britain had any sort of claim. This also is disproved by the letter. Both these statements did me gross injustice, and they went on the wings of the lightning to all parts of the country before I could possibly refute them. It is said falsehood will travel a league before truth can put on his boots, and so I found it.

But, sir, there was a much more grave and serious accusation than that. If I understand it at all, it was a charge that I had inserted in the letter to Sir Henry L. Bulwer a direct falsehood; that I had stated that Mr. King, the chairman of the Committee on Foreign Relations, the chosen organ of the Senate to communicate with me--as much the organ of this body as I was the organ of the President to communicate to the Senate through himhad informed me that the Senate perfectly understood at the time they voted upon the treaty of the 19th of April, 1850, that British Honduras was not included in that treaty. The Senator from Michigan declared in the presence of the American Senate, that he had that very morning himself waited on Mr. King, and had received from Mr. King's own lips the positive denial of the assertion. Now, Mr. President, I can understand this: a man of hasty impulses might make a great mistake even in reference to a subject of that character, and might misunderstand Mr. King.

But on the Saturday succeeding that debate there appeared in the public papers of this city, under my own hand, a vindication of myself against the charge, and Mr. King's own letter, dated at the very time I was writing the letter to Sir Henry L: Bulwer, informing me, in the very words used by me in the letter to Sir Henry, "that the Senate perfectly understood that British Honduras was not included in the treaty.' have the original letter now before me. I ator from Michigan surely saw that letter in the The Sennewspaper, or he heard it here in debate; for some of my friends, to whom I owe great acknowledgments for their defense of me on the occasion, brought that letter to the notice of the Senator; and it appears from the card of Mr. Bragg, a gentleman of the other House and a friend of Mr. King, published on the Tuesday succeeding, in the public papers of the city, that the honorable Senator from Michigan must himself have seen Mr. King after the morning on which he made his accusation against me, and received from Mr. King's own lips a denial of the statement which the Senator made on this floor. And, sir, what follows that? The Senator came into the Senate on the Monday following, and, as Mr. Bragg tates in his letter, reiterated the accusation against me. It does not appear upon the debates that he did so; but this did appear: that he was entirely silent in regard to the whole matter of his charge. In referring to the letter of Mr. King, he only said that he had nothing to do with it. This left Mr. King in an unpleasant position as well as myself; and the Senator never did me the justice on any occasion to retract the statement which he had made here on the 6th day of January. Of that I feel that I have great cause to complain. There was nothing in the personal relations of the Senator from Michigan with myself to warrant me in the expectation that he would make such an assault upon me. So far as I understood those relations we had been very friendly. He had been kind to one who was dear to me, and I thought I had repaid the obligation by being as kind to one who stood in the same relation to him. In all the intercourse which I had with him there was no evidence whatever of personal hostility, and I should as soon have suspected any other man of doing me injustice as the Senator from Michigan. It is for that reason that I regret he is not here

Special Session-Clayton-Bulwer Treaty.

to-day, that we cannot come to an understanding
in relation to these matters.

conduct towards me while I was acting as Secre-
The correspondence of Mr. King, and his whole
tary of State, were worthy of my highest respect.
He was frank, open, and manly, in all his com-
munications with me on all occasions. He was
the fathers of the Senate, and as one of the chief
ever true to his word. I consulted him as one of
constitutional advisers of the President in reference
to the treaty, as it progressed from time to time.
We both agreed that we never could, and never
would recognize any title to the eminent domain,
as existing in Great Britain, in what was called
British Honduras or Balize. We concurred ex-
actly with the report of the honorable chairman of
the Committee on Foreign Relations, that all the
title that Great Britain had in the territory called
pointed out in the treaty of 1786 between Great
Balize, was the right of occupancy in the territory
Britain and Spain.

[March 9, SENATE.

is, therefore, in this respect, no longer merely defensive. deny the statements of the committee so far as they go to excuse those who assailed me, and I become the accuser in my turn. ment of the committee to which I mean to except The stateis, that "the boundaries allotted to the British the Republic of Guatemala.” 'settlements on the Balize by the treaties of 1783 and 1786, lie altogether within the territory of tain that this opinion or statement of the commitI mean to maintee, whether considered politically, geographically, or historically, is utterly and absolutely erroneous; and that the British settlements within the boundaries allotted to them by the treaties of 1783 history of that country, within that intendency of and 1786 are and ever have been, from the earliest formed a portion, and do not at this day form a Mexico called Yucatan, or Merida, and never ancient viceroyalty of Guatemala, or of that counportion, either of the State of Guatemala, or of the try which is known among statesmen by the name of Central America.

The term Central America has been used among some blundering geographers and careless travelers as applicable to many different parts of this hemisphere. I can supply the committee with several quoted in debate, and which describes it as consuch books as "Johnson's Gazetteer," which was public of New Granada. Such was the character taining a large portion of Mexico and the whole ReSenators, to prove that they understood, when of the authority relied upon in debate here by some they voted on the treaty of the 19th of April, 1850, that British Honduras was included in that treaty. Of course, then, they understood that the treaty whole Republic of New Granada! Now, among covered not only a large portion of Mexico, but the try designated by a particular phrase are those statesmen and legislators, the boundaries of a counwhich their own Governments have recognized un5th of December, 1825, with Central America, or der that designation. We made a treaty, on the "Centro-America," and we have repeatedly ac

Sir, there were other extraordinary statements made on that occasion. It was stated by some one in debate that General Taylor's executive message to the Senate, communicating the treaty of the 19th of April, 1850, had described the country within which the British were not to occupy, minion, as extending from the southern part of fortify, colonize, or assume or exercise any doMexico to the interior of New Granada. The President had stated in that executive message, that the treaty provided for the protection of all named; but the country from which the British the routes between the points which I have just scribed in the first article. were excluded by the treaty, was the country despeaks of protection to be given to the TehuanteThe eighth article pec route and the Panama route; and a sad blunder was made by somebody in quoting that pasin that treaty. It is unnecessary for me to expose sage to show that British Honduras was included will look at the eighth section of the treaty. what is at once made palpable to every one who stood it, that the President and Cabinet had not Again: it was insinuated in debate, if I under-credited ministers, for whose missions Congress been informed of my proceedings at the time of thority such an insinuation may have been made, the exchange of the ratifications. On what auit is impossible for me to conjecture, for I think at this very moment one of the Cabinet of President Taylor is within hearing of my voice, and will would, that the whole subject was referred to the bear testimony with me, as every other member President, and perfectly understood by every Cabinet minister, as well as by the President himself. It is only necessary to mention these things, and I have done with them. It is painful to allude to accusations built upon such miserable statements as this.

Government of Central America. At the same has made appropriations from time to time, to the Granada as a separate Government-to Mexico as time we have sent other men as ministers to New and consuls to British Honduras. The writers of another Government-special agents to Yucatan, tries according to fancy, and nobody is hurt by it gazetteers and careless travelers may classify counif they happen to extend the name of Central America to the whole isthmus between North and South America, or even to the arctic circle; but a statesman is expected to speak, when writing a treaty, in the language and according to the meaning of the terms employed by his own Government in At the instance of the Senator from Michigan, America," or Central America, of December 5th, former treaties and laws. Our treaty with "Centroa resolution was adopted by the Senate on the 27th with Sir H. L. Bulwer, at the time of exchanging and Costa Rica; and the constitution of the Reof January last, referring my correspondence Guatemala, San Salvador, Honduras, Nicaragua, 1825, was a treaty with the confederated States of ratifications, to the Committee on Foreign Rela-public of Central America, adopted on the 22d of tions, with instructions to that committee to inquire what measures were necessary on the part of the Senate to be taken on account of it. On resolution that Mr. Bulwer's declaration and my the 11th of February, the committee reported a reply to it "import nothing more than an admission on the part of the two Governments, or their functionaries, at the time of exchanging 'ratifications, that nothing contained in the treaty was to be considered as affecting the title or existing rights of Great Britain to the English set'tlements in Honduras Bay, and consequently, that no measures are necessary on the part of the 'Senate to be taken because of Sir Henry's dec'laration and my reply."

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To this part of the report, which acquitted me of the imputations cast upon me, I of course do not object. The committee have negatived all the statements of those who declared that the Senate it to Mr. Bulwer, or have deemed them unworthy did not understand the treaty as I had explained tions is completed by the report of the very tribuof their notice. My triumph over these accusanal selected by my accusers in my absence to try port, which, although it is not necessary for my, justification to refute it, yet is indispensable as an But there is one part of the committee's reexcuse for those who assailed me. My attitude

me.

November, 1824, and officially communicated to our Government before we made the treaty with that Republic, described its territories as embracing only the ancient viceroyalty of Guatemala, with the exception of the province of Chiapas. Whatever was excluded by Central America from her with that Government, or any treaty respecting its own limits, could not be embraced in any treaty territories with any other Government. So far, the committee and I agree. They have repudiated the preposterous and silly conclusions arrived January. These are errors of which a schoolboy at by certain gentlemen in the debate of the 6th of ought to be ashamed, and I content myself with referring to the facility with which the committee have rejected the geography of such learned Thebans, and adopted the conclusion that the treaty of 1850 includes nothing more than the Central ignorance of others, who asserted with so much the report of the committee shall not cover the America embraced in her own constitution. ded in the treaty. I shall proceed to prove, beconfidence here that British Honduras was incluyond the power of successful denial, that the setof 1786, could not by possibility be included in the dements at Balize, within the limits of the treaty territory of Central America; and I now throw down the gauntlet, not only to all these wise men

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