APRIL, 1850.] Mr. Bell's Resolutions. nia can be discussed on this resolution, and the | Mr. WEBSTER. Will the Senator withdraw his motion for a moment? [31ST CONG. seems to imply, or might imply—I do not suppose that such is its purpose-that something is to be compromised away-something that is of importance to the country; and as we are dealing with the rights of the country, this should not occur. Sir, I am inclined to unite with those Senators who have taken the lead in this discussion, and also a very large portion of the Senate, and allow the committee to be appointed, so far as by my vote it can be appointed; but to avoid all possible misapprehension hereafter, I beg to say that I shall not commit myself, and do not now commit myself, to support any measure which shall make the admission of California dependent upon the success of any other proposition whatever. I wish to say one other thing, sir. The honorable member from Kentucky yesterday ob served, that the subjects which he regarded or supposed proper for the committee to consider, were the admission of California, provision for the government of the territories, and the question of the boundary of Texas. Now, I am afraid, sir, that the question of the boundary of Texas is a question which will necessarily call for much examination, and probably bring on much discussion; both in the committee and in the Senate. Mr. DOUGLAS. Certainly. Mr. WEBSTER. I have a very few words to say, sir. When the question of raising this committee was before the Senate a month or six weeks ago, I said to the Senate, that, although I did not perceive that any considerable good was, likely to result from this proposed One word further, sir. It does seem to me measure, yet if it was desired by any consider- that the importance of the measure now beable portion of the Senate, and especially those fore us, take it either one way or the other, is who have taken a lead on the subject, (the greatly overrated-very much overrated. Mr. honorable member from Kentucky, and the President, the honorable gentlemen before me, honorable member from Tennessee, and others,) from the State of Illinois, (Mr. DOUGLAS,) dethat such a committee should be raised, I should sires to bring up his bill-his clean bill-for not oppose the motion: I suppose that it the admission of California, and I am ready to would hardly have had much opposition in the vote for it. But, then, if this bill were now Senate, if it had not happened that the honor- before us, the member himself must see, and able Senator from Mississippi has used a phrase, all the Senate must see, that it would be quite or prescribed a mode of proceeding in his reso- competent for any gentleman, wishing to unite lution, calculated to alarm in a measure some the question of California, and the question of Senators. The instruction, according to his the territories, to move to insert territorial resolution, is, that the committee shall mature governments on the bill, and you would thus some scheme of compromise. Well, probably raise the same question. Well, if this comthis word scheme created some little appre-of the Senate may move to strike out the terrimittee bring in a combined bill, any member hension. Mr. FOOTE. That is not the phraseology of the resolution. Mr. WEBSTER. I am quite certain it is, sir; let the resolution be read. The Secretary read the resolution as follows: "That the resolutions be referred to a select committee of thirteen, with instructions to exert themselves for the purpose of maturing a scheme of compromise for the adjustment of all pending questions growing out of the institution of slavery, with the right to report by bill or otherwise." Mr. WEBSTER. Not that I suppose a meaning was intended to be attached correspondent to the phrase, or that it was to be taken in a strict sense; but as I have said, taken in this sense, the resolution has given rise to alarm in the minds of Senators; and I am free to say, if it is to be taken in that sense, I shall not agree to it in any way whatever; because it torial portions of the bill, and take a vote for the admission of California alone-so that, after all, we arrive at the opinion of the majority of the Senate in one way just as well as in the other. We cannot avoid the question of It must come up, and must come up in any its separation and of the combination any way. think it of much importance, nor indeed of any way that we proceed. Therefore, do not considerable importance, because it stands upon the ground of appointing a general committee to consider what is best to be done to allay the existing agitation and to satisfy all parties, according to the usual proceeding in ordinary cases. I have no objection; something good may come out of it. They may express the opinion that it will not much, if it should in any degree, facilitate the settlement of these questions. We have got a question now upon which to take the votes of the Senate, and see what is the opinion of the majority of the Sen- | ate as to the separate or combined consideration of these questions. I make these remarks merely to prevent any unjust inference that may be drawn from my vote, for I shall feel bound to support any measure, as I have said, which shall make the admission of California independent of any other measure. One word more, and I take my seat. We are acting under discretionary power, devolved on us by the constitution, and for the exercise of which we have entered into stipulations with Mexico by the treaty of 1848. I do not think it will advance us toward a conclusion, to set up at present any rights of California. Nor do I think, on the other hand, that it advances us toward that just conclusion at all, by indulging in criminatory remarks upon the proceedings which have taken place in California, without any previous authority derived from this Government. The facts are before us. The case is before us. The constitution of California is before us. We are by the treaty to exercise our own discretion as to the time of admitting her. When she comes with her constitution in conformity | with the requsitions of our constitution, and as she has undoubtedly the requisite number of inhabitants that will constitute her a State, according to the usage of the Government in cases of a similar character heretofore arising, I am prepared, in the exercise of the discretion which devolves upon me as a member of this body, to admit her as a State; and in voting for this committee, I repeat here, that I do it out of deference to the leading gentlemen who have taken part in this discussion, and who have brought forward these resolutions-particularly the resolutions of the Senator from Tennesseerather than from being sanguine of any benefit to arise from it. Mr. FOOTE. I rise simply to make a remark with reference to the phraseology of my motion. It will be recollected, sir, that I submitted a new motion in a different form upon this subject; therefore it has happened that, with reference to this motion, I forgot its particular terms. But I would say, that if any one has felt alarm concerning it-if the Senator from Massachusetts has experienced any alarm-I think that that alarm would be relieved by a proper consideration of the words used in the resolution. If the word compromise had been the only word used, there might have been some cause for entertaining fears that the motion was destined to sacrifice the rights of either one or the other section of the confederacy; but, as I was desirous of avoiding that, the motion was prepared with reference to that particular object; and it purports, according as it has been read in our hearing, to authorize this committee to assemble for the purpose of making every effort to mature some scheme of compromise for the adjustment of all pending questions. All must be desirous of having the questions at issue adjusted, and to [APRIL, 1850. unite upon some scheme of adjustment that will not involve a sacrifice of our rights. Still, as my honorable friend from Massachusetts suggests, there may be some occasion for alarm in the particular terms of the resolution. After the pending amendment of the Senator from Connecticut is rejected, as I doubt not it will be, we can modify the original resolution where it speaks of a scheme of compromise. I am perfectly willing to strike out the word scheme," and insert the word "plan," although I cannot understand how the phrase "scheme of adjustment can imply the sacrifice of the rights of any portion of the Union.. I will move, however, that the word " "scheme be stricken out, and the word "plan" substituted. แ The modification was made accordingly. Mr. DOUGLAS. I now renew my motion to lay the subject on the table. Mr. TURNEY. On that I call for the yeas and nays. Mr. FOOTE. It will be recollected that this is intended as a test question. The yeas and nays were ordered; and being taken, were as follows: YEAS. -Messrs. Baldwin, Benton, Bradbury, Chase, Clarke, Corwin, Davis of Massachusetts, Dayton, Dodge of Iowa, Dodge of Wisconsin, Douglas, Felch, Greene, Hale, Hamlin, Jones, Miller, Norris, Phelps, Seward, Shields, Smith, Spruance, Upham, Wales, and Walker-26. NAYS.-Messrs. Atchison, Badger, Bell, Borland, Bright, Butler, Cass, Clay, Clemens, Davis of Mississippi, Dickinson, Downs, Foote, Hunter, King, Mangum, Mason, Morton; Pearce, Pratt, Rusk, Sebastian, Soulé, Turney, Underwood, Webster, Whitcomb, and Yulee-28. So the motion was not agreed to. The question then recurred on the amendment. Mr. BENTON. I have several times stated to the Senate that there are two or three points on which the Congress of the United States has no right to touch slavery at all. These points have been too often mentioned to need repetition, but I have embodied them in the shape of amendments which I shall offer, and I shall call for the yeas and nays upon each amendment, in order that my vote may stand recorded against giving to any committee of this body the right to take into consideration these questions. The VICE PRESIDENT. The question is now upon the amendment of the Senator from Connecticut. Does the Senator from Missouri offer his amendment to that amendment. Mr. BENTON. No, sir; I do not intend to interfere with that amendment. Mr'. BRADBURY. Mr. President, I do not rise to enter into a general consideration of the questions involved in the resolutions before the Senate. Time enough has already been consumed in such discussions, and I desire action. But before I vote upon the amendment now pending, I feel bound to state the reasons for APRIL, 1850.] Mr. Bell's Resolutions. [31ST CONG the vote I shall give. The Legislature of the | non-action and no bill, or a bill giving a govState I have the honor in part to represent, ernment, but without Congressional prohibition have instructed me to vote for no bill for the of slavery in either case. Which course, then, organization of governments for the territories, is the best and safest to be pursued, and which unless such bill shall contain an express inhibi- ought to be adopted? The Senator from Mistion of slavery therein. I recognize the right ouri (Mr. BENTON) demonstrated a few days to give such instructions, and I have no consti- ago that slavery was prohibited in these territutional difficulty in the way of implicit obe-tories at the time of our acquisition of them, dience to them. I think it competent for by the laws and constitution of Mexico. These Congress to give a government to our terri- laws remain in force; and the proviso is now tories, and to prohibit slavery therein. It is a there, prohibiting slavery throughout their enpower that has been exercised from the foun- tire extent. It is a well-settled principle of dation of this Government to the present day, law, repeatedly recognized by the most eminent a power that results from the right to acquire; jurists, and by the Supreme Court, that upon for if our Government can acquire, it must bave the acquisition of territory by one government the power to take care of its acquisitions, to from another, the political laws of that terrigovern them, to make all necessary laws for tory are changed, but the municipal laws rethem; and under the constitution, Congress main in force. Political laws are those which must judge what laws are necessary. regulate the relations between the people and their government. Municipal laws are those which regulate the relations of the inhabitants with each other, and nothing is more obvious than that the laws respecting slavery are embraced in the latter class. Nor is slavery carried into these terrories by the Constitution of the United States; for if carried there by the force of that instrument, it is also extended into every territory and State of the Union, notwithstanding any law to the contrary, by the same authority, which is the paramount law of the land. It would therefore seem, that slavery is as fully inhibited by the Mexican laws as it could be by any act of Congress. While instructed to vote, and feeling bound to vote for no bill which does not contain a prohibition of slavery, I am impressed with the conviction that the feeling of my constituents is universal in favor of the immediate admission of California into the Union as a State. In this opinion I heartily concur, and I think she should be admitted without delay. It is understood that one great object of the resolution of the Senator from Mississippi is, to have incorporated into one bill the admission of California and territorial governments for New Mexico and Utah. If that is done, the Senate will perceive that I shall be placed in the position, by voting against the bill, to vote against California, which I am unwilling to do, or by voting for the bill, to vote against the explicit instructions of the Legislature of my State. Now, sir, I cannot voluntarily place myself in this dilemma. One word more upon this subject. I think it due to truth to say, that while I recognize the right of Congress to prohibit slavery in the territories, for which we are attempting to prepare governments, I am not so fully impressed with the necessity of such prohibition under existing circumstances as some gentlemen appear to be. I concur, mainly, with the honorable Senator from Missouri, (Mr. BENTON,) who expressed the conviction that the "proviso," as applicable to these territories, was a cloud without rain-an unnecessary enactment of a law that is already there. As practical men, we must take cognizance of known facts. It is now perfectly understood that there is a decided and fixed majority in this body against the "proviso.' This fact was declared the other day by the honorable Senator from Connecticut, (Mr. SMITH.) He reiterated it as well known and beyond all doubt. The admission of California, as is well understood, will add two more votes to that majority. We must then regard it as settled, that neither at this nor any future session can that measure pass this body. What, then, are the alternatives? Either Again: we have seen the action of the people of California upon this subject, and it gives assurance that these questions are safe in the hands of the people themselves. Again the geographical character and insulated position of New Mexico and Utah forbid the establishment of slavery there. They are so many hundreds of miles from a market, that the cost of transportation of agricultural products would in many cases exceed their value at the place of sale; and slavery can only be profitable where the productions of its labor can find a market. I wish to add, that I desire to see the questions that are disturbing the harmony of the country and delaying the business of Congress, settled. It is due to the country, that questions which cause irritation and create sectional prejudice should be put to rest; it is due to a just regard for the public business. If not disposed of now, the future sessions of Congress will be occupied precisely as the present has been, and the general business of the country entirely neglected. So long as these questions remain open, no other subjects can command the calm and dispassionate consideration of Congress. Non-action, then, is the worst possible policy that can be pursued. It settles nothing, gives no proviso, and leaves every thing open for future agitation, without the possibility of any other practical result than that which 1ST SESS.] DEBATES OF CONGRESS. Mr. Bell's Resolutions. [APRIL, 1850. would now be attained. It will tend, more- | adherence to the policy of the Democratic I oppose the reference of this subject to a committee for another reason. We have a bill before us for the admission of California, and a bill for the government of the territories, both matured with great care, and reported by the appropriate committee; and if a majority of the Senate should determine to unite the two measures in one bill, it would be infinitely better to do so, by uniting these bills, than to send the subject to a new committee to report another bill, which will require to be again examined, and open new discussions. I think it better, therefore, to have action upon practical I beg measures already before the Senate. Senators, favorable to the success of these measures, and who wish them all to pass, to consider whether, by their union in one bill, they increase the probability of their success? I have refrained, Mr. President, from engag The test vote which any bill will have to encounter, is the proviso, and that can as well being in the discussions which have occupied the put upon the double bill as the single one for the territories. Can any good result, therefore, from this combination of two subjects, so distinct in their character, and which may compel Senators to vote against their convictions or their instructions? Certainly not. California, moreover, presents stronger claims for immediate action than other territories, however urgent their case may be. We should consider the situation of a population of one hundred thousand inhabitants, coming from different Mr. WEBSTER. I did not hear the amendquarters of the world, thrown together in large masses, under circumstances of extreme ex-ments, presented by the honorable member posure of life and property, without govern- from Missouri, which he intends to offer. I ment having legal sanction, and therefore with- will thank the Chair to allow the Clerk to read out credit or authority to procure the means to them, if there is no objection.om odt sustain those laws which they have provided for their protection. The exigency of their case demands immediate action at our hands, and they ought not to be subject to that delay which would arise from a connection with other questions. What are the objections to the admission of this State? It is said that Congress did not authorize the formation of a constituton. True; but it is in our power to ratify the act of the people. It is said the South has been excluded from the country, and has a right to complain. In the convention which formed their constitution, the South was fully represented, and both of the Senators elect, as well as the Governor, were from that section of the Union, and cannot be presumed to feel any other than the most friendly sentiments in regard to every just measure for the promotion It is alleged that there has been an improper interference on the part of the Executive in forming the State government. If this be so, the result shows a singular degree of magnanimity; for this interference has resulted in sending to each House of Congress two gentlemen opposed to every political principle of the Administration, and distinguished for their The Secretary read the amendments, as follows: Provided, That nothing in this instruction shall be construed to authorize the said committee to take into consideration any thing that relates to either of the four following subjects: 1. The abolition of slavery within the States. 2. The suppression of the slave trade between the States. 3. The abolition of slavery within the forts, arsenals, dock-yards, and navy-yards of the United States. 4. Abolition of slavery within the District of Columbia. And provided further, That said committee shall not take into consideration any question in relation to the subject of domestic slavery in the United States, which shall not be specially referred to it by Mr. WEBSTER. It is quite obvious that we are making no progress at all. The original motion was for a reference. Now, the Senator. proposes to instruct that committee, and there is work enough cut out to last that committee a fortnight. I really wish some gentleman, who has an interest in this subject, and has matured some plan, would make some motion, APRIL, 1850.] Mr. Bell's Resolutions. so that we can vote upon the reference of the resolutions of the honorable member from Tennessee, or that in some way we may dispose of them, and bring ourselves to the consideration | of what is pertinent and german to our duties. This amendment of the honorable member from Missouri opens a great field for discussion, and we shall make no progress. The VICE PRESIDENT. That amendment is not pending. Mr. WEBSTER. I understand the Chair very well, that that amendment is not now pending; but when the pending amendment is disposed of, the one way or the other, it will become pending; and I say, therefore, that there is a disposition to raise all possible questions upon this general question of reference; and if that be so, I do not know but that it would be better to proceed at once upon the bill for the admission of California; for really, if we go on in this way, and are to discuss all sorts of questions under these instructions to the committee, we shall be here a fortnight before we take the question on this reference. If there can be any way suggested to refer generally the resolutions of the member from Tennessee, I shall continue to vote as I have voted. I wish these resolutions to go to a committee for consideration. [31ST CONG. Mr. FOOTE. I beg leave now to state, that I accept the amendment of the honorable Senator from North Carolina, and move that the resolutions of the Senator from Tennessee, and those of the Senator from Kentucky, be referred to a committee of thirteen. Mr. KING. I think the Senator from Missouri will see that his amendment now proposed is not applicable to the subject. There are no instructions to the committee-none whatever. The proposition is, to refer the resolutions of the Senator from Tennessee, and those offered by the Senator from Kentucky, to a select committee of thirteen, to take into consideration the subjects of which these resolutions treat. Now, there are no instructions that they should take into consideration any thing else, and although I entirely concur in the view of the Senator from Missouri, that Congress has no power whatever to legislate on the subject of which these amendments treat, yet I suppose there are those who have entertained, and yet entertain the opinion that they have power over one of the subjects, and perhaps over two. I could not myself vote against them, were they relevant to the subject; but I do not consider them as relevant to the subject. No beneficial object can be aclead-complished by pressing these amendments; for though I think there is a decided majority in regard to the two subjects, the others would lead to a division, and probably much debate. If the Senator perseveres in his amendments, I shall certainly call for the vote on each subject, and give my vote in favor of the whole of them. At the same time, I know that there will be division in relation to the other two points. But why send to a committee to determine what we all believe and know is literally in violation of the Constitution of the United States, if they should attempt to take jurisdiction of it? The prohibiting of the slave-trade between the States is a question over which it has been decided by the highest tribunal in the land, that Congress has no power. As regards the abolition of slavery within the forts, dock-yards, and arsenals, that also comes under the same rule; and I think, therefore, that under all the circumstances, it is scarcely german to the subject, and perhaps, strictly speaking, is not in order. Mr. FOOTE. I do not wish to take any ing part in this matter. So far as I and a few other Senators are concerned, there will be no difficulty at all. As it regards the form of proceeding, I certainly am not very anxious that the instructions which I drew up should go to the committee. Such a committee as will be selected, will doubtless be as fully able to act without instructions as with them. It has been supposed by some Senators, who have looked into the matter, that the resolutions of the honorable Senator from Tennessee are not quite so comprehensive as they should be, to give this committee a sufficiently wide scope for action. I would suggest, what I think will readily be agreed to on all sides, that I am perfectly willing, instead of instructing the committee, the motion should be so modified as to submit the resolutions of the honorable Senator from Tennessee, in conjunction with those of the honorable Senator from Kentucky, to this committee of thirteen; leaving them, in the exercise of their discretion, to make such a report as they may deem best. I am willing to accept the modification; it appears to be approved on all sides; and if so, I will move that the resolutions of the Senator from Tennessee, and those of the Senator from Kentucky, should be referred to a committee of thirteen. The VICE PRESIDENT. It can only be done by unanimous consent of the Senate. Mr. MANGUM. I will move, with the permission of the honorable Senator froin Mississippi, an amendment to his motion, that the resolutions offered by the honorable Senator from Kentucky (Mr. CLAY) likewise go to the committee. Mr. BENTON. I ask the Clerk to strike out the word "instructions," and insert the word "reference." The amendment, as thus modified by Mr. BENTON, was then read. Mr. BENTON. I wish to say to the honorable Senator from Alabama, that it was with no view of embarrassing the Senate, or any member, that I introduced this proposition. It was with precisely the opposite view, and in accordance with what I said the other day, in the poor remarks in which I gave my opinion that the speeches of individual Senators will go further to quiet the country, than any thing in the world which a committee can do; and it |