FEBRUARY, 1850.] Death of Hon. Alexander Newman. [31ST CONG. premature discussion; but pray, sir, who in- | territory; the compromise act prohibited slatroduced it? The Senator submitted his res- very in a part of the territory. Now, accordolutions, discussed them seriatim, and then con- ing to the position of the Senator, slavery is cluded with a set speech. Are we to under- excluded from the whole territory of Califorstand that all this was done without intending nia and New Mexico. What, then, would the to influence opinion? Was it a mere volley application of the spirit of the Missouri comof blank cartridges that he was firing, in order promise require? Clearly that in running the that he might come up under cover of the line the question should be put at rest by desmoke, and make a charge upon us before we claring that below said line slavery should be saw him? Why, sir, at the door of any other permitted. It is common property of the man might lie the charge of entering prema- States, and if it be proposed to make a division turely upon this discussion more properly than of it, fairness and future peace require that the at mine. He it was who began the discussion, rights and conditions of each part should be and I was the last to engage in it. But he an- prescribed. Less than this would but narrow nounces as his conviction, as his determined the ground and preserve the controversy. And purpose, to resist the introduction of slavery unless that compromise was founded in fraud, into any part of California. Sir, his opinions we expect its application in this case, where all may have been very deliberately formed. He is disputed, express provisions on both sides of may have been all the time making up those the line. We cannot agree to leave the quesdeterminations, that he has been preparing tion open, especially after what has been said these resolutions; for certainly no language of to-day. It is the effect and not the form which mine can have produced the determination of I consider it my duty to examine. What matthe Senator. I have not proposed to compel ters it whether it be under cover of the acts slaveholders to take their slaves to California, of the Mexican Government, or by the operanor to revive the African slave trade. Neither tion of Congressional law, that slavery is exwas the construction warranted by my having cluded? The effect is the same, under the rule used the word upon which he hangs his argu- the Senator from Kentucky adopts, as would ment. I did not use the word "introduction," result from an act of prohibition by the Connor suggest the idea of compulsion. The gress of the United States. I can only say that Senator has set up his own cob-house, to show whenever the Senator chooses to make his arguhow skilfully he could knock it down. It is ment, I shall be ready to meet it. no fabric of mine. We maintain that it is the right of the people of the South to carry this species of property to any portion of the Territories of the United States; that it rests under the constitution, upon the same basis as other property; but, when speaking of a compromise, it was the ultimatum I announced. It is strange that the Senator from Kentucky should be so much surprised; it certainly was not a new question with him, nor with his colleague, with whom, on a former occasion, a similar proposition originated. It is a partial recognition of a right we claim to be co-extensive with the Territories of the United States; but which we are willing, in a spirit of compromise, and in compliance with the past acquiescence of the States, to restrict by the parallel of 36° 30' north. Now, this is conceding a great deal. If the line were established upon any great principle arising from climate or productions, it would be different; then the line would not extend upon the same parallel of latitude. If it were a line of temperature, then, as the isothermal line bends upward, it would go north of that parallel of latitude. It is out of respect to the past, and from anxious desire peaceably to adjust a most vexatious and dangerous question, that we agree to adopt this arbitrary line. And this compromise, upon which most of his fame rests, originated under like circumstances, with the Senator who now with such settled purpose declares his opposition to a fair application of its principle to the present case. Then all the Territory involved, that of Missouri was slave Mr. CLAY. I propose that these resolutions be made the order of the day for Tuesday next. The resolutions were then made the special order of the day for Tuesday next. HOUSE OF REPRESENTATIVES. TUESDAY, February 5. Mr. HAYMOND arose and addressed the House as follows: Mr. SPEAKER: I have risen for the purpose of announcing to this House the death of the honorable ALEXANDER NEWMAN, a member elect to a seat in this Congress from the fifteenth Congressional district of Virginia, which district I have the honor to represent. Mr. NEWMAN, while on a visit to Pittsburg in July last, fell a victim to the terrible scourge of Asiatic cholera, which has stricken down so many of our people in the valley of the Mississippi and Ohio rivers during the past year, and closed his mortal career in a few hours after he was taken ill. He left, sir, I am informed, a young and numerous family of children that looked to him for protection and support. Mr. NEWMAN was a native of Virginia, and was born in 1806, in the vicinity of Orange. I knew him well and favorably from the time he entered public life until the day of his decease. He was a gentleman of warm and of ardent feelings, firm and steadfast in his political opinions, kind and courteous in his social rela 1ST SESS.] Constitution of California. [FEBRUARY, 1850. I transmit herewith to the Senate, for the information of that body, an authenticated copy of the "Constitution of the State of California," received by me from the Hon. William M. Gwin. WASHINGTON, February 13, 1850. Z. TAYLOR. Mr. DOUGLAS. Mr. President, I move to refer the message, and accompanying papers to the Committee on Territories. tions. When quite young, and shortly after he | To the Senate of the United States: was married, Mr. NEWMAN removed to and settled in the county of Marshall. In 1836 he was first elected a member of the Legislature of his native State from that county; which he continued to represent for several years, and until he was elected by his district to represent them in the State Senate; in which several stations he so conducted himself as to secure the support and confidence of his constituents. In June, 1845, he was appointed postmaster for the city of Wheeling, which position he conMr. BENTON. It had been my expectation, tinued to occupy until March, 1849, when he sir, that the honorable Senator from Kentucky resigned, and became a candidate for a seat on (Mr. CLAY) would make a motion for a select this floor. He was elected over a talented and committee on the President's message which distinguished gentleman, and would at this has just come in. I think, sir, that it is an aptime be occupying the seat which I now occu-propriate occasion for such a committee, and py, if he had not been stricken down in the prime of life. Mr. HAYMOND offered the following resolutions of condolence, which were agreed to: Resolved, That this House, having heard with deep regret of the death of the Hon. ALEXANDER NEWMAN, a member elect of this body from the fifteenth Congressional District of Virginia, will, as a mark of respect for his memory, wear crape on the left arm for thirty days. Resolved, That this resolution be forwarded to his family. Resolved, As a further mark of respect, that this House do now adjourn. And so the House adjourned. IN SENATE. TUESDAY, February 5. Mr. Clay's Compromise Resolutions. Mr. MANGUM moved that the Senate proceed to the consideration of the special order. The Senate accordingly, as in Committee of the Whole, proceeded to the consideration of the resolutions submitted by Mr. CLAY, on the 29th ultimo, proposing an amicable arrangement of all questions in controversy between the Free and the Slave States, growing out of the subject of slavery. Mr. CLAY addressed the Senate at great length in suppport and defence of his resolutions. Before he had concluded he gave way for a motion to adjourn. THURSDAY, February 7. Mr. Clay's Compromise. The Senate proceeded to the consideration of the special order, being the resolutions submitted by the Senator from Kentucky, (Mr. CLAY.) Mr. CLAY resumed and concluded his argument in their support. THURSDAY, February 14. that the honorable Senator from Kentucky is the appropriate person to make the motion. I wait, sir, to see if he will, in obedience to a sense of public duty, make that motion. Mr. CLAY. Mr. President, after the motion which has been made by the honorable Senator from Illinois, it would not be in order to propose a reference to a select committee. Mr. DOUGLAS. I will, with the permission of the Senate, state to the honorable Senator from Kentucky, that if it is his wish to submit that motion, I will waive my own. The motion to refer the documents to the Committee on Territories was then withdrawn. Mr. CLAY. I am very sensible, indeed, of the courtesy of the honorable Senator from Illinois. It was not my purpose to make the motion to refer this subject to a select committee. The honorable Senator from Missouri (Mr. BENTON) and myself had some little conversation on the subject a day or two ago, in the course of which he kindly expressed a wish that I would make such a motion; but I told him, I think, that my personal feelings were such that I had no desire to take the lead upon the subject; but I added that, if it were the pleasure of the Senate to direct me to act in conjunction with any select committee on the subject, especially as it had had the kindness heretofore to exonerate me from the duty of acting on its standing committees, I should feel myself bound most cheerfully to obey that wish; but at the same time that I could not, in accordance with my present feelings, make the motion myself. Mr. FOOTE. I move, sir, that the subject lie upon the table for the present. Mr. DOUGLAS. I hope it will not take that course, but that it may go to some committee. Mr. FOOTE. The reason why I wish the subject to lie over is, that I hold in my hand a resolution which I propose to offer and which embraces this whole subject. I would have offered it to-day only I thought that the attention of the Senate would have been called to other matters more pressing. The motion to postpone was rejected by a vote of 20 to 18. FEBRUARY, 1850.] Mr. Clay's Compromise Resolutions. Mr. DOUGLAS. I now move that the message be referred to the Committee on Territories. Mr. BENTON. Mr. President, I but pursue a course according to the early precedents and the early action of the Senate. I have in my hand a memorandum of the admission of all the States which have been admitted into this Union from Vermont to Iowa. The course which was followed in the admission of the whole of them down to Wisconsin, was to refer the applications for the admission of new States, together with the President's message by which they were usually communicated, to committees named by the Senate. The first precedent which I find upon this subject relates to the admission of Vermont. "In the House of Representatives, on the 9th of February, 1791, a message was received from the President of the United States communicating authentic documents, asking, with the consent of the State of New York, that Vermont be admitted into the Union." That message and accompanying documents were referred to three members. I find "February 12th, bill for admission of Vermont, received from the Senate." "In the Senate of the United States, 9th February, 1791, a message was received from the Presi dent of the United States. "Ordered, That the message from the President of the United States of this date, with the papers accompanying it, be referred to Messrs. King, Monroe, Ellsworth, Langdon, and Hawkins, to consider and report what is proper to be done thereon." These are the early precedents, sir, on which I think we may act. I think the present is an appropriate occasion for referring the President's message to a committee specially appointed by the Senate for that purpose, and I will therefore submit a motion that the Senator from Kentucky be chairman of such a committee by order of the Senate. If the Senator himself does not feel justified by his personal feelings in coming forward on this occasion-though I believe if he yielded to a sense of public duty he would feel that the country looks to him on this occasion -but if he does not feel himself at liberty from personal considerations, I, sir, will make the motion, and now move that it be referred to a select committee of which the Senator from Kentucky is to be chairman-the rest to be appointed by the Senate. The VICE PRESIDENT. It is moved that this message be referred to a select committee, to be appointed by the Senate, of which the Senator from Kentucky (Mr. CLAY) is to be chairman. The Chair is in doubt whether this can be done under the rules, unless by unani mous consent. Mr. FOOTE. I object to that motion. I wish it to be understood, however, that I have no objection to the honorable Senator from Kentucky at all; but I hold in my hand a resolu [31ST CONG, tion which I intended to offer during the day, the object of which is to permit this particular subject, with all the questions now before the Senate on the subject of slavery, together with all bills, to be referred to a special committee of fifteen members of the Senate, to be chosen by ballot. For one, sir, I am unwilling that the different portions of this subject shall be divided. I am anxious that a special committee shall be raised by ballot to consider the whole question in all its bearings, which are so well known that it is unnecessary for me to explain them. It is on that account, and not because I have not the most exalted respect for the honorable Senator from Kentucky, that I object to the motion. Mr. DOUGLAS. I rise merely to state that I submitted the motion in obedience to what I considered my duty, to refer this message and the constitution accompanying it to the Committee on Territories, to which all the other. bills in relation to the same subject have been referred; and I wish to state further, that if it is the desire of the Senate, in the present attitude of affairs, to raise a select committee as proposed, I will interpose no objection. On the contrary, I will be entirely willing, not only that this should go there, but that all the other bills and resolutious on this subject which have been referred to the Committee on Territories shall be reported back and sent there too. I merely wish to state that, in making the motion, I have no desire and no feeling on the subject, and I hope the Senate will take that course which they think is due to the subject to take, without reference to any feelings of delicacy. Mr. FOOTE. I am not desirous to submit my motion at the present moment, especially as the time is come for taking up the order of the day; and it is not, in my opinion, seemly that we should continue this debate under present circumstances. I move, therefore, that the further consideration of this subject be postponed until to-morrow morning. Mr. MILLER. I would suggest to the honorable Senator from Mississippi whether it would not be better to order the constitution to be printed. Mr. FOOTE. Certainly; include that in my motion. The further consideration of the subject was then postponed and the message and accompanying documents were ordered to be printed. The Compromise. The Senate proceeded to the consideration of the special order, being the series of resolutions introduced by Mr. CLAY. ate for an hour and a half, and then gave way. Mr. DAVIS, of Mississippi, addressed the Sen Appointment of a Select Committee. Mr. FOOTE submitted the following resolution: 1ST SESS.] Mr. Clay's Compromise Resolutions. Resolved, That the message of the President this day received, on the subject of admitting California as a State into the Union, with the accompanying documents, be referred to a special committee of fifteen, to be chosen by ballot, whose duty it shall be to consider the same, and also to take into consideration the various propositions now before the Senate relating to the same subject, in connection with the question of domestic slavery, in all its various bearings, and to report, if they find it practicable to do so, a plan for the definitive settlement of the present unhappy controversy, and rescue from impending perils the sacred Union itself. The Senate proceeded to the consideration of the special order, being a series of resolutions some time since submitted by Mr. CLAY. Mr. Downs resumed and concluded the speech which he commenced yesterday. Mr. MILLER next obtained the floor; but as it was too late to proceed to-day, and as the Senator from Alabama was entitled to the floor on another object-the reference of the President's message accompanying the constitution of the State of California-he moved that the further consideration of this subject be postponed to Thursday next; which was agreed to. On motion, the Senate then proceeded to the consideration of Executive business; and, after some time, the doors were reopened, and The Senate adjourned. THURSDAY, February 21. The Compromise. The Senate resumed the consideration of the resolutions some time since offered by Mr. CLAY. Mr. MILLER resumed and concluded the speech which he commenced on Thursday last. Mr. RUSK. As there is a special order for to-morrow, I will move that these resolutions be postponed until Wednesday. Mr. WALKER. I would ask if it is the intention of the honorable Senator to address the Senate upon the resolutions on that day? [FEBRUARY, 1850. Mr. RUSK. That is my object. The motion was agreed to, and the resolutions were accordingly postponed until Wednesday. Committee to Prepare a Compromise. Mr. FOOTE. I now ask permission, sir, to renew the motion which I made this morning for the appointment of a committee of thirteen, with certain instructions, for the purpose of maturing a scheme of compromise for the adjustment of all pending questions growing I will state out of the subject of slavery. that the resolution which I have presented for this purpose has been carefully drawn; and that it will not interfere in the least degree with the propositions that have been or may be submitted by any other gentleman. If this ferred, the resolutions of the Senator from resolution be adopted and the questions reKentucky will still be before the Senate, as the motion of the Senator from Missouri to refer the President's message in relation to the admission of California to the Committee on Territories, will also be for consideration. My it go on for a few days, and in the mean time object is not to interfere with debate, but to let I hope the committee will be accorded by the Senate. I have an abiding and entire confidence that the thirteen gentlemen selected to serve upon that committee will arrange some scheme for the permanent adjustment of those questions that now agitate the country. And, sir, if this be not speedily done, much more serious consequences than those which we have yet realized will inevitably ensue. I do hope that under the circumstances, honorable Senators, if they have not very good reasons for voting against my resolution, will sustain it. Mr. CLEMENS. How will this committee be constituted? Mr. FOOTE. The motion is to select by ballot six Senators from the slaveholding and six from the free States; and the thirteenth member to be chosen by the twelve thus elected; and the duty of the committee is prescribed in the paper which I have submitted to the Senate. WEDNESDAY, February 27. The Senate resumed the consideration of the resolutions submitted by Mr. CLAY, in relation to the adjustment of the questions in controversy between the States of the Union arising out of the institution of slavery. Mr. BENTON. Mr. President: It has been affirmed and denied on this floor that slavery was abolished in Mexico. I am one of those who affirm its abolition; and I propose now to read some passages from Mexican law, for the purpose of supporting my opinion. In doing this, I shall have recourse to authentic law publications in Mexico, and shall produce the laws on which I rely, both in the original language and FEBRUARY, 1850.] Mr. Clay's Compromise Resolutions. [31ST CONG. in an English translation. I begin with the | of that year passed a law in relation to them. decree of the President Guerrera in 1829, and This law classified the whole of these acts, annul. read from a book which was printed in the city led some classes, confirmed others, and reof Mexico in the year 1838, and which is the served some for the future revision of the Geneleventh volume of the laws of Mexico, officially eral Congress. This latter class appears to have published under the orders of the Supreme comprehended the decree of the 15th SeptemGovernment. I will read the title-page to show ber, 1829, in relation to the abolition of slavery, its authentic and official character. This is it: and was in these words: "Recopilacion de leyes, decretos, bandos, reglamentos, circulares, y providencias de los supremos poderes y otras autoridades de la republica Mexicana. Formada de orden del Supremo Gobierno por al lic. Basilio Jose Arrillaga." In English this title reads thus: "Collection of laws, decrees, proclamations, regulations, circulars, and official orders of the supreme powers, and other authorities of the Mexican Republic, made by order of the Supreme Government by the lawyer Basilio José Arrillaga." From this title it will be seen that this volume, from which I propose to read the decree of 1829, is not only authentic and official, but that it is the work of a lawyer acting under the orders of the Supreme Government, and supposed to know what were and what were not the laws of his country. With this exposition of the character of the work, and its title to credit, I proceed to read the decree. It stands thus on page 213, under the month of September, 1829: "Dia 15.—Decreto del Gobierno en virtud de fa cultades estraordinarias. "9. Todas las leyes, decretos, reglamentos, ordenes y providencias que en virtud de las citadas facultades extraordinarias expidió el gobierno, y son del resorte del poder legislativo, se sujetan á la calificacion del Congreso General, quedando desde ahora sin valor, hasta su revision por las camaras." -p. 38. In English: "9. All the laws, decrees, regulations, orders, and instructions issued by the Government in virtue of its extraordinary powers, and which are of legislative cognizance, will be subject to the qualification of the General Congress, remaining from this time without force until their revision by the chambers." This act is cautiously drawn. It does not annul the decree of the 15th of September; it does not confirm it; it admits its validity up to that time, but suspends it until the General Congress should act upon it. This action took place-took place in April, 1837-and I will now read the act which was then passed. It is in the same authentic collection of the laws of Mexico-Arrillaga's collection--from which of that collection. At page 270 of this volI have already read, and is volume thirteenth ume, under date of April 5th, 1837, we find this act of the General Congress: "Dia 5.—Queda abolida la esclavitud en la repub- · lica sin excepcion alguna. "Abolicion de la esclavitud en la república.-1°. Queda abolida la esclavitud en la republica. 2°. Son por consiguiente libres los que hasta hoy se habian considerado como esclavos. 3°. Cuando las circunstancias del erario lo permitan, se indemnizará á los propietarios de esclavos en los terminos que dispusieren las leyes. (Se circulo el mismo dia por la secretaría de relaciones, y se pub-el decreto de 15 de Setiembre de 1829, (Recopilalico en bando de 16.)" In English: "Day 15.-Decree of the Government in virtue of extraordinary powers. "1°. Queda abolida, sin excepcion alguna, la esclavitud en toda la republica. 2°. Los dueños de esclavos manumitidos por la presente ley, ó por cion de ese mes, p. 213,) seran indemnizados del interes de ellos, estimandose este por la calificacion efecto se nombrará un perito por el comisario gen que se haga de sus calidades personales; a cuyo eral, ó quien haga sus veces, y otro por el dueño; "Abolition of slavery in the republic.-1. y en caso de discordia un tercero, que nombrará el Slavery is abolished in the republic. 2. Consealcalde constitucional respectivo, sin que pueda inquently those are free who until now have been terponerse recurso alguno de esta determinacion. considered as slaves. 3. When the circumstances La indemnizacion de que habla este articulo, no of the treasury permit it, the owners of slaves shall tendrá lugar respecto de los colonos de Texas que be indemnified in the manner prescribed by the hayan tomado parte en la revolucion de aquel delaws. (Circulated the same day from the Depart-partamiento." (Se circulo en el mismo dia por el ment of Relations, and published in the proclamation of the 16th.)" This is the decree of Guerrera, the validity of which has been disputed, and not without reason, if nothing further had been done. It was a decree, and not a law; and a decree upon a legislative subject. It was an executive decree upon a matter of legislation, and its validity was questioned at the time. Two years afterwards (that is to say, in the year 1831) the General Congress occupied itself with reviewing all the acts of the President Guerrera in virtue of the extraordinary powers conferred upon him, and on the 15th of February ministerio del interior y se publicó en bando de 7.) "1. Slavery is abolished, without any exception, in the whole Republic. 2. The masters of slaves manumitted by the present law, or by the decree of the 15th of September, 1829, (Recopilacion of value, (del interes de ellos,) according to the estimate that month, p. 213,) shall be indemnified for their which shall be made of their personal qualities; to which effect there shall be named a competent person (un perito) by the commissary general, or whoever occupies his place, and another by the master; and in case of disagreement a third, who shall be named by the respective constitutional |