Page images
PDF
EPUB

I

thus to a dishonorable termination of the war. think no dispassionate observer at the seat of Government can doubt this result.

4. If, however, in this I am under a misapprehension, I am under none in the practical operation of this restriction, if adopted by Congress, upon a treaty of peace, making any acquisition of Mexican territory. Such a treaty would be rejected as certainly as presented to the Senate. More than one-third of that body would vote against it, viewing such a principle as an exclusion of the citizens of the slaveholding States from a participation in the benefits acquired by the treasure and exertions of all, and which | should be common to all. I am repeatingneither advancing nor defending these views, That branch of the subject does not lie in my way, and I shall not turn aside to seek it.

In this aspect of the matter, the people of the United States must choose between this restriction and the extension of their territorial limits. They cannot have both; and which they will surrender must depend upon their representatives first, and then, if these fail them, upon themselves.

our efforts seem at present directed, unite in representing those countries as agricultural regions, similar in their products to our Middle States, and generally unfit for the production of the great staples which can alone render Slave labor valuable. If we are not grossly deceived-and it is difficult to conceive how we can be the inhabitants of those regions, whether they depend upon their plows or their herds, cannot be slaveholders. Involuntary labor, requiring the investment of large capital, can only be profitable when employed in the production of a few favored articles confined by nature to special districts, and paying larger returns than the usual agricultural products spread over more considerable portions of the earth.

In the able letter of Mr. Buchanan upon this subject, not long since given to the public, he presents similar considerations with great force.

Neither," says the distinguished writer, "the soil, the climate, nor the productions of California south of 36° 30, nor indeed of any portion of it, North or South, is adapted to Slave labor; and beside every facility would be there afforded for the slave to escape from his master. Such property would be entirely insecure in any part of California. It is morally impossible, therefore, that a majority of the emigrants to that portion of the territory south of 36° 304, which will be chiefly composed of our citizens, will ever reestablish Slavery within its limits.

"In regard to New-Mexico, east of the Rio Grande, the question has already been settled by the admission of Texas into the Union.

"Should we acquire territory beyond the Rio Grande and east of the Rocky Mountains, it is still more impossible that a majority of the people would consent to re-establish Slavery. They are themselves a colored population, and among them the negro does not belong socially to a degraded race."

5. But after all, it seems to be generally conceded that this restriction, if carried into effect, could not operate upon any State to be formed from newly-acquired territory. The well-known attributes of sovereignty, recognized by us as belonging to the State Governments, would sweep before them any such barrier, and would leave the people to express and exert their will at pleasure. Is the object, then, of temporary exclusion for so short a period as the duration of the Territorial Governments, worth the price at which it it would be purchased?--worth the discord it would engender, the trial to which it would expose our Union, and the evils that would be the certain consequence, let the trial result as it might? As to the course, which has been intimated, rather than proposed, of engrafting such a restriction With this last remark, Mr. Walker fully coinupon any treaty of acquisition, I persuade myself cides in his letter written in 1844, upon the annexit would find but little favor in any portion of this ation of Texas, and which everywhere produced country. Such an arrangement would render so favorable an impression upon the public mind, Mexico a party, having a right to interfere in our as to have conduced very materially to the acinternal institutions in questions left by the Con-complishment of that great measure. "Beyond stitution to the State Governments, and would inflict a serious blow upon our fundamental principles. Few, indeed, I trust, there are among us who would thus grant to a foreign power the right to inquire into the constitution and conduct of the sovereign States of this Union; and if there are any, I am not among them, nor never shall be. To the people of this country, under God, now and hereafter, are its destinies committed; and we want no foreign power to interrogate us, treaty in hand, and to say, Why have you done this, or why have you left that undone? Our own dignity and the principles of national independence unite to repel such a proposition.

the Del Norte," says Mr. Walker, "Slavery will not pass; not only because it is forbidden by law, but because the colored race there preponderates in the ratio of ten to one over the whites; and holding, as they do, the government and most of the offices in their possession, they will not permit the enslavement of any portion of the colored race, which makes and executes the laws of the country."

The question, it will be therefore seen on examination, does not regard the exclusion of Slavery from a region where it now exists, but a prohibition against its introduction where it does not exist, and where, from the feelings of the inhabitants and the laws of nature, "it is morally impossible," as Mr. Buchanan says, that it can ever re-establish itself.

But there is another important consideration, which ought not to be lost sight of, in the investigation of this subject. The question that presents itself is not a question of the increase, It augurs well for the permanence of our conbut of the diffusion of Slavery. Whether its federation, that during more than half a century, 3phere be stationary or progressive, its amount which has elapsed since the establishment of this will be the same. The rejection of this restriction Government, many serious questions, and some will not add one to the class of servitude, nor will of the highest importance, have agitated the pubits adoption give freedom to a single being who lis mind, and more than once threatened the is now placed therein. The same numbers will be gravest consequences; but that they have all in spread over greater territory; and, so far as com- succession passed away, leaving our institutions pression, with less abundance of the necessaries unscathed, and our country advancing in num of life, is an evil, so far will that evil be mitigated bers, power, and wealth, and in all the other ele by transporting slaves to a new country, and giv-ments of national prosperity, with a rapidity uning them a larger space to occupy. known in ancient or in modern days. In times of political excitement, when difficult and delicate questions present themselves for solution, there is one ark of safety for us; and that is, an honest appeal to the fundamental principles of our Union, and a stern determination to abide their dictates

I say this in the event of the extension of Slavery over any new acquisition. But can it go there? This may well be doubted. All the descriptions which reach us of the condition of the Californias and of New-Mexico, to the acquisition of which

This course of proceeding has carried us in safety through many a trouble, and I trust will carry us safely through many more, should many more be destined to assail us. The Wilmot Proviso seeks to take from its legitimate tribunal a question of domestic policy, having no relation to the Union, as such, and to transfer it to another, created by the people for a special purpose, and foreign to the subject matter involved in this issue. By going back to our true principles, we go back to the road of peace and safety. Leave to the people, who will be affected by this question, to adjust it upon their own responsibility, and in their

own manner, and we shall render another tribute to the original principles of our Government, and furnish another guaranty for its permanence and prosperity. I am, dear sir, respectfully, your LEWIS CASS.

obedient servant,

A. O. P. NICHOLSON, Esq., Nashville, Tenn.

The next session of the same Congress opened under very différent auspices. The Mexican War had been terminated, so that none could longer be deterred from voting for Slavery Exclusion by a fear that the prosecution of hostilities would thereby be embarrassed. General Taylor had been elected President, receiving the votes of Delaware, Maryland, North Carolina, Georgia, Kentucky, Tennessee, Louisiana, and Florida —a moiety of the Slave States-over Gen. Cass, now the avowed opponent of Slavery Restriction. Many of the Northern Democrats considered themselves absolved by this vote from all extra-constitutional obligations to the South, and voted accordingly.

Dec. 13. Mr. J. M. Root of Ohio, offered the following:

"Resolved, That the Committee on Territories be instructed to report to this House, with as little delay as practicable, a bill or bills providing a territorial government for each of the Territories of New Mexico and California, and excluding Slavery therefrom."

A call of the House was had, and the previous question ordered.

Mr. W. P. Hall of Mo. moved that the same do lie on the table. Lost: Yeas, 80; Nays, 106.

The resolve then passed: Yeas, 108; Nays, 80, viz. :

Yeas-All the Whigs from Free States, and all the Democrats, but those noted as Nays below, including the following, who had voted against the same principle at the former session :

MAINE. ASS W. H. Clapp, James S. Wiley-2.
NEW YORK-Frederick W. Lord-1.
OHIO.-Thomas Richey-1.

INDIANA-Charles W Cathcart, Thomas J. Henley, John L. Robinson, William W. Wick-4.

ILLINOIS.-Robert Smith-1.

Messrs. Clark and H. Williams of Maine, Birdsall and Maclay of New-York, Brodhead and Mann of Pa., Pettit of Ind., Fieklin and McClelland of Ill., who voted with the South at the for

mer session-now failed to vote.

Mr. Jackson of N.Y., who then voted with the South, had been succeeded by Mr. H. Greeley,

who voted with the North.

Nays-All the Members voting from the Slave States, with the following from the Free States: NEW-YORK.-Honry C. Murphy-1.

PENNSYLVANIA-Charles Brown, Charles J. In.

gersoll-2.

OHIO-William Kennon, jun., John K. Miller William Sawyer-3.

ILLINOIS.-William A. Richardson-1.
IOWA.-Shepherd Leffler-1.

Total Nays from Free States-8.

Mr. Robinson of Ind. moved a reconsideration of this vote, which motion (Dec. 18), on motion of Mr. Wentworth of Ill., was laid on the table: Yeas, 105; Nays, 83.

[Messrs. Clapp, Clark, and Wiley of Me., voted to lay on the table, as did Messrs. Lord of N. Y., Job Mann of Pa., Richey of Ohio, Henley and Wick of Indiana, R. Smith of Ill. Messrs. C. Brown and Levin of Pa. did not now vote. The rest, very much as before, except that a few more voted.]

Dec. 20th.-Mr. C. B. Smith accordingly Government of Upper California, which was reported a bill, establishing the Territorial read twice and committed.

the organization of New Mexico, which took Jan. 3rd. He reported a similar bill for

the same direction.

Jan. 15th.-Mr. Julius Rockwell of Mass.

moved that these bills be made the special order for the 23d instant. Negatived: Yeas, 114 (not two-thirds); Nays, 71 (nearly a sectional vote).

committee, and engrossed for a third reading. Feb. 26-7th.-The bill was taken out of Mr. Meade of Va. moved that it do lie on the table. Negatived: Yeas, 86; Nays, 127.

It was then passed by the following similar vote:

Yeas-All the Whigs from the Free States, with Aylett Buckner (Whig) of Ky., and all the Democrats also, except

PENSYLVANIA.-Samuel A. Bridges-1. OHIO.-William Kennon, jun., John K. Miller, William Sawyer-3. Total-4.

Nays-All the Members from Slave the addition of those from Free States just States, except Mr. Buckner aforesaid, with

mentioned.

This bill was read twice in the Senate, (Feb. 28th), and referred to the Committee on Territories.

March 3d.-Said Committee was discharged from its further consideration, and Mr. Douglas moved that it be taken up in Senate, which was negatived. Yeas, 25; Nays, 28 (all but a sectional vote). That was the end of the bill; the Senate having already determined to affix its essential provisions to the Civil and Diplomatic Appropriation bill, and thus avoid and defeat the Slavery Exclusion contained in the House bill, and force the House to agree to organize the Territories, without such provision, or leave the Government without appropriations. this succeeded, we shall see.

How

The Civil and Diplomatic Appropriation bill having passed the House in the usual form, came up to the Senate, where it was debated several days.

Feb. 21st.-Mr. Walker of Wise. moved an amendment, extending all the laws of the United States, so far as applicable, to the Territories acquired from Mexico.

Mr. Bell of Tenn. moved to add further

sections organizing the State of California, to be admitted into the Union on the 1st of October next. This was rejected: Yeas 4 (Bell, Dodge of Iowa, Douglas, Davis); Nays 39.

Feb. 26th.-Mr. Dayton of N. J. moved that the President be vested with power to provide a suitable temporary government for the Territories. Rejected; Yeas 8; Nays 47.

The question recurred on Mr. Walker's amendment, modified so as to read as follows:

J

[blocks in formation]

The bill being returned to the House, thus amended, this amendment was (March 2d) down-Yeas 101; Nays 115-as fol

voted

lows:

Yeas, all the members from the Slave
States, with the following from the Free
States, viz.:

MAINE-Hezekiah Williams-1.
NEW YORK-Ausburn Birdsall-1.
PENNSYLVANIA-Samuel A. Bridges, Richard
Brodhead, Charles Brown, Charles J. Ingersoll,
Lewis C. Levin—5.

OHIO-William Kennon, jr., William Sawyer

-2.

ILLINOIS-Orlando B. Ficklin, John A. Mc-
Clernand, William A. Richardson-3.
Iowa Shepherd Leffler-1.

Total, thirteen from Free States; eightyeight from Slave States. (Only two from Slave States absent or silent.)

"Sec. 5. And be it further enacted, That the Constitution of the United States, in so far as the provisions of the same be applicable to the condition of a Territory of the United States, and all and singular the several acts of Congress respect ing the registering, recording, enrolling, or licensing ships, or vessels, and the entry and clearance thereof, and the foreign and coasting trade and fisheries, and all the acts respecting the imposing and collecting the duties on imports, and all the acts respecting trade and intercourse with the Indian tribes, and all the acts respecting the public lands, or the survey or sale thereof, and all and | singular the other acts of Congress of a public and general character, and the provisions whereof are suitable and proper to be applied to the territory West of the Rio del Norte, acquired from Mexico by the treaty of the second day of February, 1848, be, and the same are hereby, extended over, and given full force and efficiency in all said territory; and the President of the United States is hereby authorized to prescribe and establish all proper and needful rules and regulations (in conformity with the Constitution of the United States) for the enforcement of the provisions of the Constitution hereinbefore referred to, of said laws in said territory, and for the preservation of order and tranquillity, and the establishment of justice therein, and from time to time to modify or change the said rules and regulations in such manner as may seem to him The Senate resolved to insist on its discreet and proper; and to establish, temporarily, amendment, and ask a conference, which was such divisions, districts, ports, offices, and all ar rangements proper for the execution of said laws, granted, but resulted in nothing. Messrs. and appoint and commission such officers as may Atherton of N. H., Dickinson of N. Y., be necessary to administer such laws in said ter- and Berrien of Ga., were managers on the ritory, for such term or terms as he may prescribe, part of the Senate, and insisted on its whose authority shall continue' until otherwise provided by Congress; said officers to receive amendment, organizing the Territories withsuch compensation as the President may prescribe, out restriction as to Slavery. Messrs. Vinnot exceeding double the compensation heretofore ton of Ohio, Nicoll of N. Y., and Morehead paid to similar officers of the United States or its of Ky., were appointed on the part of the territories, for like services; and to enable the House. These, after a long sitting, reported their inability to agree, and were discharged.

same to be done, the sum of two hundred thousand dollars be appropriated, out of any money in the treasury not otherwise appropriated.”

YEAS-For Mr. Walker's proposition : Messrs. Atchison, Houston,

Bell,

[blocks in formation]

Hunter,
Jolinson of La
Johnson of Ga.
King,

Nays, all the Whigs from Free States, and all the Democrats from Free States, except those named above.

So the House refused to concur in this amendment, and the bill was returned to the Senate accordingly.

The bill being now returned to the House, Mr. McClernand of Ill. moved that the House do recede from its disagreement; Carried: Yeas 111; Nays 106.

Mr. Morehead of Ky. moved to amend so as to provide that nothing in this section

shall affect the question, as to the boundary of Texas. Carried: Yeas 187; Nays

19.

Mr. R. W. Thompson of Ind. moved that the House concur with the Senate, with an amendment, which was a substitute, extending the laws of the United States over said Territories, but leaving them unorganized, as follows:

"That the President of the United States be, and he hereby is, authorized to hold possession of and occupy the Territories ceded by Mexico to the United States, by the treaty of the 2nd of Feb., eighteen hundred and forty-eight, and that he be, and hereby is, authorized for that purpose, and in order to maintain the authority of the United States, and preserve peace and order in said Tertory, to employ such parts of the army and navy of the United States as he may deem necessary, and that the Constitution of the United States, so far as the same is applicable, be extended over said Territories.

"Sec. 2nd. And be it further enacted, That, until the fourth day of July, eighteen hundred and fifty, unless Congress shall sooner provide for the government of said Territories, the exist ing laws thereof shall be retained and observed, and that the civil and judicial authority hereto. fore exercised in said Territories shall be vested in, and exercised by, such person or persons as the President of the United States shall appoint and direct, to the end that the inhabitants of said Territories may be protected in the full and free enjoyment of their liberty, property, and religion: provided, nevertheless, that martial law shall not be proclaimed or declared in said Territories, or either of them, nor any military court established or instituted, except ordinary courts martial for the trial of persons belonging to the army and navy of the United States; and the imprisonment of any citizen of said Territories for debt is hereby forbidden.

"Sec. 3. And be it further enacted, That, to enable the President to carry into execution the provisions of this act, the sum of two hundred thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated."

XII.

OREGON.

Committee on Territories, reported to the Aug. 6, 1846.-Mr. Douglas, from the House a bill organizing the Territory of Oregon.

Said bill was discussed in Committee of the Whole, and the following amendment agreed to:

"And neither Slavery, nor involuntary servitude shall ever exist in said Territory, except for crime whereof the party shall have been duly convicted."

On coming out of Committee, this amendment was agreed to-Yeas 108; Nays 44. [The Nays are all Southern, but Charles J. Ingersoll, Orlando B. Ficklin, and possibly one or two others; and all Democrats, but some half a dozen from the South, of whom Robert Toombs has since turned Democrat. Stephen A. Douglas did not vote. The bill passed the House without further opposition, was read twice in the Senate, and referred; and Mr. Westcott of Florida made a report thereon from the Committee on Territories; but the Session closed without further action on the bill.

This Congress reassembled, Dec. 7th, 1846. On the 23d, Mr. Douglas again reported his bill to provide a territorial government for Oregon, which was read twice and committed: Jan. 11th, 1847, was discussed in Committee, as also on the 12th and 14th, when it was resolved to close the debate. On the 15th, it was taken out of Committee, when Gen. Burt of S. C. moved the following addition (already moved, debated, and voted down in Committee) to the clause forbidding Slavery in said Territory:

The question being reached on amending the Senate's proposition as proposed by Mr.north of thirty six degrees thirty minutes north "Inasmuch as the whole of said Territory lies Thompson, it was carried: Yeas 111; Nays latitude, known as the line of the Missouri Compromise."

105.

[All the Southern Members in the negative, with Levin and a few of the Northern Democrats; the residue with all the Northern Whigs in the affirmative.]

The House now proceeded to agree to the Senate's amendment, as amended; Yeas 110; Nays 103, [the same as before; the friends of the Senate's proposition voting against it, as amended, and vice versa, on the understanding that Mr. Thompson's amendment would exclude Slavery.]

The bill as thus amended being returned to the Senate, it refused to agree to the House's amendment, and receded from its own proposition; so the bill was passed and the session closed, with no provision for the government of the newly-acquired Territories.

The purpose of this is clear enough. It not as limited to the territories possessed was intended to recognize the Missouri line, by the United States at the time said line that had since been, or hereafter should be, was established, but as extending to all territory henceforth to be acquired by us acquired, so as to legalize Slavery in any south of 36° 30′.

Mr. Burt's amendment was negatived― Yeas 82; Nays 114.

the following Members from Free States. The vote was very nearly sectional; but voted in the minority:

PENNSYLVANIA.-Charles J. Ingersoll-1. ILLINOIS-Stephen A. Douglas, Robt. Smith-2 IOWA.-S. C. Hastings-1.

In all, 5.

No Member from a Slave State voted in

[blocks in formation]

Jan. 25.-Mr. Ashley reported the Oregon bill with amendments, which were ordered to be printed.

The bill continued to be discussed, and finally (Aug. 1st) was got out of Committee; when Mr. C. B. Smith moved the Previous Question thereon, which was ordered.

August 2d.—The House came to a vote on an amendment made in Committee, whereby the following provision of the original bill was stricken out :

29th.-Said bill, on motion of Mr. Westcott, was recommitted to the Judiciary Com-northwest of the river Ohio, by the articles of

mittee.

Feb. 10th.-Mr. Ashley again reported it with amendments.

March 3d.-It was taken up as in Committee of the Whole, when Mr. Evans of Me. moved that it be laid on the table. Defeated-Yeas 19, (all Whigs but Calhoun of S. C., and Yulee of Florida); Nays 26; (24 Dem., with Corwin of Ohio, and Johnson of La.).

Mr. Westcott of Fla. immediately moved that the bill do lie on the table, which prevailed-Yeas 26; Nays 18, (a mixed vote, evidently governed by various motives); but the negatives were all Democrats, but Corwin and Johnson aforesaid. This being the last day of the session, it was evident that the bill, if opposed, as it was certain to be, could not get through, and it was, doubtless, in behalf of other pressing business that many Senators voted to lay this aside. It was, of course, dead for the session.

"That the inhabitants of said Territory shall be entitled to enjoy, all and singular, the rights, privileges, and advantages granted and secured to the people of the Territory of the United States compact contained in the ordinance for the gov ernment of said Territory, passed the 13th day of July, seventeen hundred and eighty-seven; and shall be subject to all the conditions, and restrictions, and prohibitions in said articles of compact imposed upon the people of said territory

and-"

[blocks in formation]

Mr. John W. Houston of Delaware voted in the majority.

The bill was then passed: Yeas 128; Nays 71.

[This vote was almost completely sectional. Mr. Houston of Delaware voting in the majority as before: otherwise, Members from Free States in the affirmative; those from Slave States in the negative.]

Dec. 6th, 1847.—The XXXth Congress assembled; Robert C. Winthrop (Whig) of Aug. 3rd.-This bill reached the Senate, Mass. was chosen Speaker of the House. when Mr. Badger of N. C. moved its indePresident Polk, in his Annual Message, re-finite postponement: negatived, 47 to 1, gretted that Oregon had not already been organized, and urged the necessity of action (Yulee). It was then sent to the Committee on the subject.

Feb. 9th. Mr. Caleb B. Smith of Indiana reported to the House a bill to establish the territorial government of Oregon; which, by a vote of two-thirds, was made a special order for March 14th. It was postponed, however, to the 28th; when it was taken up and discussed, as on one or two subsequent days. May 29th, it was again made a special order next after the Appropriation bills. The President that day sent a special message, urging action on this subject. July 25th, it was taken up in earnest; Mr. Wentworth of Illinois moving that debate on it in Committee cease at two o'clock this day.

Mr. Geo. S. Houston of Ala. endeavored to put this motion on the table. Defeated-Yeas 85; Nays 89, (nearly, but not fully, a sectional division). Mr. Geo. W. Jones of Tenn. moved a reconsideration, which was carried-Yeas 100; Nays 88; and the resolution laid on the tableYeas 96; Nays 90.

on Territories.

The Senate had had under consideration, from time to time through the Session, a bill of its own, reported by Mr. Douglas, which was finally referred to a Select Committee Mr. Clayton of Delaware, Chairman—and by said committee reported some days before the reception of the House bill. It was then dropped.

Aug. 5th.-Mr. Douglas reported the House Bill, with amendments, which were printed.

Aug. 10th.-After some days' debate, the Senate proceeded to vote. Mr. Foote of Miss. moved that the bill do lie on the table. Defeated: Yeas 15 (Southern); Nays 36.

On the question of agreeing to this amendment :.

"Inasmuch as the said Territory is north of thirty-six deg. thirty min., usually known as the [line of the] Missouri Compromise."

It was rejected: Yeas 2 (Bright and Douglas); Nays 52.

« ՆախորդըՇարունակել »