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Mr. BALDWIN explained what he had said, in order to correct any misapprehension.

Mr. BUTLER said, if any one took his slaves from a ship, and the captain was a foreigner, he should think himself entitled by the constitution to demand a declaration of war. He did not regard the authorities which had been produced as conclusive, because the cases were not sufficiently analogous to the cases which he had assumed. If he could find any other practical bill which protected the South, he would be willing to take it; but he saw no probability of obtaining a better one than

this.

Mr. FOOTE rose and said, he would not have taken any part in this discussion, but for something which had fallen in debate. Humble as he was, he found himself between two opposing fires. He had been assailed in New England, and he had also been attacked as more dangerous than an abolitionist in the leading paper published in Charleston, South Carolina -the Charleston Mercury. And he had been told by the Senator from New Hampshire that he was so considered here. He had therefore thought it was a proper opportunity for him to make some few remarks, in order that his true position should no longer be misunderstood. He would not go into declamation, neither would he go into any history of the slave-trade, which had been already given with sufficient ability by others. He did not hold himself responsible for the introduction of slavery, nor had he ever entertained any extraordinary affection for slave-dealers from any section of the Union.

He referred to the argument of the Senator from South Carolina, (Mr. CALHOUN,) that the introduction of a new Territory, acquired by conquest, into the Union, although slavery may have been abolished there previously, carried slavery with it. To this his heart assented, but his judgment could not yet assent to it. He was still in doubt. He feared that the argument of the Senator from Vermont had not been answered, and that it could not be met in this Senate; and that it could not be met in the Supreme Court; and that the decision of that court, as it is now constituted, would be against the South. And then, said he, where are we? He laid it down that the northern men were the shrewdest men in the Union. He had travelled over every part of the Union to the Rio Grande, and had found Yankees everywhere; and he had never found one who was not anxious to own a slave. And they were the most rigid of masters-they were masters indeed. As soon as a Yankee could command four hundred dollars, he laid it out in a slave, because he knew that he laid out his money to advantage. Living in a cotton-growing country, he knew that a slave was the most valuable property he could possess. He admired the Yankees very much. He had never desired to hang them all. And if he had, as had been charged against him, ever used such an expression in the heat of the

[JULY, 1848.

moment, he would now retract it. He was perfectly satisfied that the Yankees would never vote for the abolition of slavery, if they could gain any profit by continuing it.

He was not pleased with the bill, but he did not say he would not vote for it. He represented the sunny South, and the generous influences which governed that region would have their effect on his course. He was willing to admit these new States immediately, as he believed that they would become cottongrowing and slave States. Next to that, he was disposed to take the Missouri compromise, as proposed to be amended, by leaving the people below 36° 30' to take their own course. Thirdly, he was in favor of the Missouri compromise, as proposed to be amended by the Senator from Kentucky, (Mr. UNDERWOOD.) This he preferred to the present compromise.

Mr. BALDWIN and Mr. BERRIEN made some explanations.

Mr. JOHNSON, of Maryland, rose to address the Senate, and, after proceeding for a short time, yielded the floor, about 7 o'clock; and Mr. MANGUM moved that the Senate adjourn.

Mr. BERRIEN called for the yeas and nays on this motion, and they were ordered.

The question was then taken, and decided in the affirmative, as follows:

YEAS.-Messrs. Atchison, Badger, Baldwin, Bell,

Benton, Berrien, Bradbury, Butler, Calhoun, Clarke, Dodge, Greene, Hamlin, Johnson of Maryland, Clayton, Corwin, Davis of Massachusetts, Dix, Johnson of Louisiana, Lewis, Mangum, Metcalfe, Niles, Phelps, Spruance, Underwood, Upham, Walker, Westcott, and Yulee-30.

NAYS.-Messrs. Allen, Borland, Breese, Bright, Davis of Mississippi, Dickinson, Douglas,_Felch, Fitzgerald, Foote, Hannegan, Houston, Hunter, Johnson of Georgia, King, Mason, Rusk, Sebastian, and Turney-19.

The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, July 26.
Territory of Oregon.

The bill to establish a Territorial Government in Oregon was then taken up.

Mr. WALLACE, who was entitled to the floor, addressed the committee in a constitutional argument against the power of Congress to impair the right of property in slaves, and exposing the agitations of northern abolitionists as a species of madness, incompatible with any just sense of patriotic duty.

Mr. CROWELL followed, in a general speech on the subject of slavery in the District of Columbia.

Mr. C. having concluded

Mr. IVERSON obtained the floor, and spoke on the general subject of slavery, alleging the insecurity of trusting to northern compromises; contending that both the Whig candidates

JULY, 1848.]

Oregon, Californian and New Mexican Territorial Bill.

were unsound on this question, and arguing the hopelessness of the cause of the South in the event of their success.

IN SENATE.

WEDNESDAY, July 26.

Oregon, Californian and New Mexican Territorial Bill.

Mr. CLAYTON moved that the Senate resume the consideration of the Territorial bill; and the motion being agreed to, the Senate resumed the debate on the bill.

The question pending being on the motion of Mr. HALE, to strike from the fifth section the words "free white

Mr. JOHNSON, of Maryland, who had the floor, yielded for a moment, and—

Mr. WALKER gave notice of an amendment which he proposed to offer to the sixth section, which was, to strike out the words "nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents."

[30TH CONG. common constitution, he would be struck aghast at the idea that there were some who were opposed to the proposition. He (Mr. J.) thought the step taken, the wisest that could have been selected. He had intended, however, had he not been anticipated by the Senator from Indiana, (Mr. BRIGHT,) to submit an amendment adopting the line of the Missouri compromise.

He glanced at the course taken by the Senators who had spoken in opposition to the bill, and stated that the tone in which their opinions were given proved that they were honest, and ready to support their sentiments to the death, and that it was insulting to the South, although any intention to insult was distinctly disavowed. The stand which the North had taken from the first was too insulting to the South to permit any prospect of union; and it was in this state of things that the committee was appointed and the bill reported, this being the only mode in which they could hope for any extrication from this difficulty. He made a sharp criticism on the language he attributed to the Senator from Ohio, (Mr. CORWIN,) that a majority of the Supreme Court coming from the South, would be likely to vote one way.

Mr. JOHNSON resumed, in explanation of certain amendments which he intended to offer, and in illustration of his views generally on the subject. He was not disposed to vote Mr. CORWIN explained this expression attribfor the bill, unless he could be perfectly satis-uted to him, which he disavowed in its offenfied that the cases of appeal could be brought sive sense, and expressed his high respect for to the Supreme Court. The first twenty sec- the members of that tribunal. tions of the bill relate to the Territory of Oregon, the next seven refer to California, and the remaining nine concern New Mexico. He drew a distinction between the Territory of Oregon and the other Territories, as to the character of their population. Oregon was already a portion of the old confederacy, peopled by citizens either natives of the United States, or well acquainted with the laws and customs of the country. He went on to remark on the provisions in the bill for the government of these different Territories, legislative and judicial. The powers of these departments he thought sufficient for the purpose. The writ of habeas corpus being a common law writ, it may be issued by any of the judges.

It was owing to the differences of opinion in the Senate as to the existence of the power in Congress to control the question of slavery, that the subject was referred to the special committee, with a view to a compromise. It became necessary to report a bill embracing all the Territories, which had met with the disapproval of a portion of the Senate. It was to quiet the agitation which shakes the country to its centre, that the question was referred to a committee to prepare a compromise.

If a stranger was now to come among us and to be told that we had three millions of slaves in our midst, and that this question which now agitates the Senate, was as to the propriety of uniting in a reference of all the difficulties arising out of such a condition of things to our

Mr. JOHNSON resumed, asserting that this appeal to the Supreme Court was the only amicable mode of adjusting a question which threatened the honor and the interests of the South. He did not speak as a slave owner; he did not hold a slave, and he never expected to hold one. The few he once had came to him by inheritance, and he had long since manumitted them. He was glad he had done so then, for the interference of the abolitionists would have prevented him from doing it now. He cared not what effect this movement might have upon the political prospects of either of the candidates for the Presidency, so that an amicable and permanent adjustment of the controversy on this subject might be produced. There was no way so likely to be satisfactory as the reference of the matter to the Supreme Court. Excitable as southern men are reputed to be, they had on this question acted with a moderation which proved that their character had been misunderstood. They were mostly slaveholders, and they had sat in silence while one Senator had charged them with being Hotspurs in human flesh; while the Senator from Ohio had said that the institution of slavery had its origin in blood, and rapine, and robbery. That Senator had gone so far as to say that if the slaveholders were not damned, it would be not because they did not merit it, but that God in his mercy would pardon them for their ignorance, because they knew not what they did.

Mr. CORWIN said he was satisfied that he

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Oregon, Californian and New Mexican Territorial Bill.

[JULY, 1848.

had used no such expression. He had spoken | died out. The Senator from Connecticut might at great disadvantage, but his memory held no such language.

Mr. JOHNSON persisted that language of this kind, or something very like it, had been used. It struck his ear too painfully for him to mistake.

Mr. BERRIEN said the words, as they struck his ear, were to the effect that slaveholders would be punished but for their ignorancethey knew not what they did.

Mr. CORWIN said he might have used some such expression as to slave-dealers, but certainly not to slaveholders.

Mr. BERRIEN expressed himself perfectly satisfied.

Mr. JOHNSON rejoiced that the painful impression had been removed from his mind. He then proceeded to show, that from the character of the Supreme Court, he was sure the compromise in this particular would be acquiesced in by the country. He adduced the fact, that while statesmen, politicians were found differing on a subject, the Supreme Court was unanimous. On the subject of the right of a State to levy duties on imports and tonnage, advocated by the Senator from South Carolina, there could be no doubt that the decision of the Supreme Court would be unanimous against him. On the question of the consti- | tutionality of the United States Bank, while Congress was deciding one way, the court was unanimously the other way. The members of the Supreme Court were not politicians. They were born in a different atmosphere, and they addressed themselves to different hearers. Politicians were always differing and disputing -one taking this side of a question, and another taking an opposite view, all equally honest. How desirable, then, in a case of such importance as this, to call in a third party, rather than that we should be driven to despair-above all, to bloodshed. We are ready to yield enough; do not ask for more. It ought not to be expected that the South shall surrender all that is dear to her, and do the bidding of the North. Ten thousand times rather would her children yield their lives. They are willing to adopt the appeal to the Supreme Court, and if the decision of that court be against them, they will be satisfied.

He was not the advocate of slavery itself; he never had been so. He would rejoice to see the institution at an end; and it was with sincere regret he admitted that it was the agitation which had been stirred up in the North which had alone prevented the friends of freedom from emancipating the slaves in Maryland. He alluded to Connecticut, from which State the compromise was opposed, as having scarcely become a free State.

Mr. BALDWIN stated that there had been but a very few slaves there.

Mr. JOHNSON. Connecticut, then, only sinned a little. As he understood it, they kept them until they became too old for use, and

then have a little charity for Maryland.

Mr. BALDWIN said he had a great deal. Mr. JOHNSON said, a great deal, indeed. She would take all, and allow nothing to the other side. So, in Ohio, where free negroes were treated as slaves.

[A sort of colloquial debate took place, in which Mr. BALDWIN, Mr. Dix, Mr. JOHNSON, Mr. DOUGLAS, and Mr. DAYTON, took part, which could only be partially heard.]

Mr. JOHNSON resumed. The Senator from Ohio had complained that California was three thousand miles from Washington, and no slave could find means to employ a lawyer to carry up his case. He would reply to this, that there could not be found in the whole southern bar a lawyer who would not gratuitously give his services to a black man, to free him from slavery, where there was a reasonable ground for the application. He also referred to the readiness of judges to decide in favor of the slave. And he believed that if this bill should pass, there would be always found at the southern bar members who would be ready to sue out the freedom of slaves who were entitled to it. The question whether a slave owner is entitled to carry his slaves into the Territory, will be decided on the first appeal; and that will decide the matter in every future case which can arise. The question rises above party and sectional considerations. It assumes the character, and dignity, and importance of a national one.

Mr. BADGER then obtained the floor, and commenced with an expression of his sincere regret that the Senator who had charge of this bill, should have started with an assertion that it was to be pressed through the Senate in hot haste. Instead of invoking the fullest examination of the bill, and of allowing Senators freely to discuss it, the question was pressed on an exhausted Senate. Every motion to adjourn was constantly resisted. Even on the first day of the introduction of the bill, his friend from Delaware had voted against adjournment, the yeas and nays having been demanded. And on Monday evening, when his friend from Kentucky desired to address the Senate, and moved an adjournment, the same course was pursued.

Mr. CLAYTON reminded the Senator from North Carolina that he had last night suggested an adjournment, and voted for it, to enable the Senator from Maryland to address the Senate.

Mr. BADGER replied that this was a different matter. The Senator from Maryland was about to speak in defence of the bill, and this may be the reason for the readiness of his friend from Delaware to adjourn. He repeated that every effort had been made to press this question on an exhausted Senate. He knew no reason for thus pressing a question of such importance. There was plenty of time before us. He was as desirous as any Senator to go

JULY, 1848.]

Oregon, Californian and New Mexican Territorial Bill.

home and see his children; but when a question of real magnitude was before the Senate, he was willing to sit here until full and ample time had been given for its examination-say three weeks, or a month, or more. As circumstances now stood, he should go at some length into the reasons he had to assign for the vote he was about to give.

He regarded this bill as a complete surrender of the rights of the South; and on this point he expanded his views to much extent. He then referred to the course taken by one of his distinguished colleagues from North Carolina in the House, in which that gentleman had charged him (Mr. B.) with having made a speech which he had not made, and which speech that gentleman had, with great industry, circulated through the State of North Carolina, for the purpose of keeping him (Mr. B.) in the minds of his constituents. He went on to set that matter right, for the purpose of correcting the false impression made by that speech. He then went into a history and definition of the powers granted to Congress by the constitution, among which he included that of governing the territory ceded to us. That power included either the introduction or the abolition of slavery in the territories ceded to us. The power of acquiring territory has been sustained by the decision of the Supreme Court; and the acquisition of territory carries with it the power to govern the territory, and the power to govern includes the power to regulate slavery.

Own

In the course of his remarks, Mr. BADGER made copious references to authorities, which he quoted at length to sustain his positions. He did not see why a time may not come when we shall be obliged to hold territory, like England, in China, or some other country; and if we maintain that we have a right to introduce negro slavery there, we shall be obliged to show some authority beyond our wishes. We have as great a right to acquire territory as any nation or republic in the world, and the only restraint on our rule is that which arises from our own convictions as to what is right and proper. It is supposed by some that we have a right to acquire territory only for the purpose of colonizing our slaves; but he held that we had as much right to acquire it for a perpetuity. The provisions in the constitution which had been frequently referred to, were intended merely to limit our powers with reference to the States of the Union; but in relation to territories acquired by conquest or cession, the arm of the Government is not shortened by these restrictions.

When the Missouri compromise bill came to the Senate from the House, it contained a provision excluding slavery from the South. It was amended in the Senate without a division, and a provision was introduced containing a restriction on slavery in the North and the West.

Mr. CALHOUN said he had always the im

[30TH CONG.

pression that Mr. Pinkney (who had been alluded to) was an abolitionist. He had addressed a meeting in Hagarstown in favor of abolitionism.

Mr. BADGER said he had a paper before him which rebuked that charge. Had he been an abolitionist, he would not have voted as he did on the Missouri compromise. If the Senator from South Carolina referred to Mr. Pinkney's course to impugn his authority, he referred to it for no purpose.

Mr. CALHOUN said he had merely referred to it as a fact.

Mr. BADGER said, it was, as a fact, deserving of record. He, as a representative of one of the southern States, was called on, with his colleague, to give up all the rights and interests of the South. He believed negro slavery would be as effectually excluded by this bill as if the Wilmot proviso, or any other bill, had passed. He had a respect for the Supreme Court, but he was not willing to leave the decision of the question to a court, so large a portion of which were opposed to slavery.

Mr. BUTLER asked the Senator, if he could point out a mode which would be effectual, in case this mode of appeal should fail?

Mr. BADGER said, he thought he could very readily do so; but he desired now to go on with his argument. He would willingly vote for this bill, could he be assured that it would be productive of peace and tranquillity throughout the country. He would go home to his constituents, one of the Old Thirteen, and throw himself confidently before them, and appeal to their generous patriotism. But, believing that it can only be productive of new agitation, he could not reconcile it to his views of propriety to vote for it. He believed that North Carolina would sustain him in the adoption of his own views.

Opinions are various in the Senate with reference to the bill. Some were willing to take it up as it is; others were opposed to it. He thought that the question ought to be settled. If the climate was suited to the productions of the South, he thought it ought to be filled with a population from the South.

It was not intended to introduce slavery in the North. We are called on to legislate on a great fact. We live in the midst of three millions of slaves. In the employment of these, no man will use them where they are unproductive of profit.

He stated the changes which Moses made in the Jewish laws, and that he was compelled to adapt his code to the position and prejudices of the people who were to be regulated by them. He advised us to adopt the same wise policy, and to rely on the blessing of God upon our success.

He concluded with asserting that he would be glad to be convinced of the futility of his arguments, to be satisfied that he entertained wrong views; but while he felt the conviction that this bill surrendered the views of the

1ST SESS.]

Oregon, Californian and New Mexican Territorial Bill.

journ.

[JULY, 1848.

It was then two A. M., but instantly Senators rose from sofas and various parts of the lobby, and the yeas and nays were demanded, and the motion was disagreed to.

South, he could not vote for it. Like his friend | ent in his seat, he moved that the Senate adfrom Maryland, he would willingly see his candidate for the Presidency defeated, rather than that this question should not be settled. Much as he believed that the interests of the country were connected with the success of that candidate, he would be willing to postpone all the advantages to be obtained for his success, rather than that the settlement of this question should not take place.

Mr. BUTLER spoke nearly three hours, but the confusion was too great in the gallery to allow his argument to be heard.

Mr. Dix then obtained the floor, and commenced with a defence of the State of New York against the charge which had been made against her of refusing to surrender fugitives from justice, claimed under requisition from the State of Virginia. He alleged that this was not the act of the State, but of the Governor. He read the resolutions adopted by the Legislature, of which he was a member, which condemned the course of the Governor. He defended New York against attacks which had been levelled against her, and pointed the attention of the Senate to several bright pages in her political history. Of her social character, her love and patronage of the arts, her system of education, and all her great works of internal improvement, it was unnecessary for him to speak. Her blood was mingled with that of the sons of the Palmetto State on the fields of Mexico; and the recollection of this union in death ought to make the Senator from South Carolina more reluctant to cast reproach on New York.

Mr. Dix closed his speech at half-past seven P. M.

Mr. DAYTON then rose to address the Senate in opposition to the bill, but had not proceeded far with his remarks when he gave way to

Mr. MANGUM, who moved an adjournment. Mr. DAYTON expressed his willingness to proceed. He did not desire an adjournment upon his account.

The question being taken by yeas and nays, the motion was decided in the negative. Mr. DAYTON resumed, and concluded his remarks.

Mr. UPHAM followed upon the same side. Mr. BELL also opposed the bill. Mr. BERRIEN delivered an argument in support of the bill.

Mr. BRADBURY followed in opposition to the bill.

Mr. UNDERWOOD, at one o'clock, A. M., moved an adjournment; which was disagreed to by yeas and nays.

Mr. BORLAND addressed the Senate at considerable length.

Mr. BERRIEN followed in an earnest defence of the bill; when

Mr. BALDWIN moved that the Senate adjourn; which was decided in the negative.

Mr. NILES addressed the Senate for some half hour. There being only one Senator pres

Mr. NILES then proceeded very coolly in his remarks until he closed.

The debate was further continued by Messrs. ATCHISON, DICKINSON, BRIGHT, CALHOUN, and others, when the Senate proceeded to vote on the amendments.

Mr. BALDWIN moved to amend the bill in the twenty-sixth section, by inserting after the word "slavery," in line 10, the following:

Territory, when forming part of the Republic of Or to repeal the laws which were in force in said Mexico, prohibiting slavery or involuntary slavery therein, or any law securing the personal liberty of all the inhabitants thereof, but such laws, so far as they may not be inconsistent with the Constitution of the United States, shall be and remain in force until repealed by Congress.

Mr. B. made some remarks in favor of this amendment.

The question was then taken, and the amendment was disagreed to.

Mr. CLARKE moved to amend the bill in the

26th section, after the word "slavery," by adding:

It being understood and declared that, at the time of the cession of the Territories of New Mexico and California by Mexico to the United States, slavery and involuntary servitude had been abolished by the laws of Mexico, and did not exist therein; and that the laws now in said Territory shall be and remain in full force until territorial authority to change or repeal the same. legislatures shall be formed by Congress, with

This amendment was also disagreed to.

Mr. HALE moved to amend the twelfth sec

tion, which provides that the existing laws in Oregon shall continue to be valid for three months after the first meeting of the Legislature, by striking out the words months; " and on this motion he asked for the yeas and nays, which were ordered.

"three

The question being taken, it was decided as follows:

YEAS.-Messrs. Allen, Atherton, Baldwin, Benton, Bradbury, Clarke, Corwin, Davis of Massachusetts, Dayton, Dix, Dodge, Felch, Fitzgerald, Greene, Hale, Hamlin, Miller, Niles, Spruance, Upham, and

Walker-21.

NAYS.--Messrs. Atchison, Badger, Bell, Berrien, Davis of Mississippi, Dickinson, Douglas, Downs, Borland, Breese, Bright, Butler, Calhoun, Clayton, Foote, Hannegan, Houston, Hunter, Johnson of Maryland, Johnson of Louisiana, Johnson of Georgia, King, Lewis, Mangum, Mason, Metcalfe, Rusk, Sebastian, Sturgeon, Turney, Underwood, Westcott, and Yulee-33.

Mr. BALDWIN moved to amend the bill by adding the following as the 37th section: And be it further enacted, That it shall be the

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