Mr. Pearce moved a substitute for the sections so stricken out.

Mr. Hale moved that the bill be postponed indefinitely. Negatived: Yeas 27; Nays 32. Mr. Douglas moved an amendment to Mr. Pearce's substitute, providing that the Territorial Government thereby provided for New-Mexico shall not go into operation until the boundary of Texas be adjusted. Lost: Yeas 24; Nays 33.

Mr. Turney of Tenn. moved that the bill be indefinitely postponed. Lost: Yeas 29; Nays 30.

Mr. Underwood of Ky. moved to strike out so much of Mr. Pearce's substitute as postponed the organization of a Territorial Government in New-Mexico to the 4th of March ensuing. Lost: Yeas 25; Nays 32. Mr. Yulee moved to strike out so much of said substitute as provided for the appointment of commissioners to settle the boundary between Texas and New-Mexico, and with it the section just struck at by Mr. Underwood. Carried: Yeas 29; Nays 28.

Mr. Chase now moved that the bill be postponed indefinitely: Lost; Yeas 28; Nays 29.

The Senate now refused to adopt Mr. Pearce's substitute as amended: Yeas 25; Nays 28.

Mr. Davis of Miss. moved a new boundary line for Utah, which was rejected: Yeas 22; Nays 34.

Mr. Walker moved to strike out all that remained of the bill except so much as provides for the admission of California: Lost; Yeas 22; Nays 33.

Mr. Phelps of Vt. moved the indefinite postponement of the bill: Lost: Yeas 28; Nays 30.

After some further attempts to amend, adjourn, etc., the bill, providing only for the organization of the Territory of Utah, was passed to its third reading: Yeas 32; Nays 18. [Nays all Northern but Bell of Tennessee.]

Aug. 1st.-Said bill passed its third reading without a division.

Mr. Douglas now called up the original bill providing for the admission of California, which was again made a special order.

Aug. 2nd. Mr. Foote of Miss. again moved "that the line of 36° 30' be the southern boundary of said State: Lost; Yeas 23 (all Southern); Nays 33.

Aug. 6th.-Mr. Turney moved "that the line of 36o 30', commonly known as the Missouri Compromise line, be, and the same hereby is, extended to the Pacific ocean." He proposed to admit California with one representative, on her assent, by convention, to this boundary; rejected: Yeas 24 (all Southern); Nays, 32 (including Benton, Underwood, Walker, Spruance, and Wales, from Slave States; the rest Northern).

Various motions to adjourn, postpone, etc., were now made and voted down; finally, the Senate was, by the withdrawal of Southern Members, left without a quorum, and adjourned.

Aug. 7th.-The game of moving to postpone, adjourn, etc., consumed all this day also.

Meantime (August 5th), Mr. Pearce of Md. had introduced a bill to settle the Northern and Western boundaries of Texas, (a part of the old overturned" Omnibus,") which was also sent to the Committee of the Whole.

Aug. 6th.-President Fillmore sent a Message announcing that Gov. Bell of Texas had notified the Government of his determination to extend the authority and jurisdiction of Texas over all New-Mexico east of the Rio Grande. The President considers himself bound to resist this pretension

anything would be effected by commissioners to adjust the boundary, as the facts in

The Texas boundary bill being now put ahead of the bill admitting California, Mr. Dayton moved (Aug. 8th), that Texas be required to cede her public lands to the United States in consideration of the payment to her of $10,000,000 herein given her for the relinquishment of her claim to NewMexico. After the United States shall have been repaid the $10,000,000 out of the proceeds of these lands, the residue to revert to Texas: Rejected; Yeas 17 (all Northern); Nays 32.

Aug. 9th.-Mr. Underwood moved that the Northern boundary of Texas run due east from a point on the Rio Grande, twenty miles above El Paso, to the Red River of Louisiana Rejected; Yeas 24; (all Northern, but Wales, Spruance, and Underwood;) Nays 25.

Mr. Mason of Va. moved the giving up to Texas of all New-Mexico east of the Rio Grande Lost: Yeas 14; Nays 37.

Mr. Sebastian moved that the (NewMexican) Territory, surrendered by Texas in pursuance of the provisions of this bill, shall be admitted in due time as a State, with or without Slavery, as its people may determine Rejected: Yeas 19; (all Southern but Dodge of Iowa;) Nays 29-(including Badger of N. C., Cass and Dickinson-Clay absent-Douglas, who voted just before and just after, did not vote on this.)

The bill was now engrossed: Yeas 27; Nays 24; and finally passed: Yeas 30; Nays 20.

Aug. 10th.-The California bill was now taken up. Mr. Yulee of Fla. moved a substitute, remanding California to a territorial condition, and limiting her southern boundary: Rejected; Yeas 12 (all Southern); Nays 35.

Mr. Foote moved a like project, cutting off so much of California as lies south of 36 deg. 30 min., and erecting it into the territory of Colorado: Rejected; Yeas 13 (ultra Southern); Nays 29.

Aug. 12th.-Still another proposition to limit California southwardly, by the line of 36 deg. 30 min., was made by Mr. Turney, and rejected: Yeas 20 (all Southorn); Nays 30. After defeating Southern motions to

bill was engrossed for a third reading: Yeas 33; (all the Senators from Free States, with Bell, Benton, Houston, Spruance, Wales and Underwood;) Nays 19; (all from Slave States. Mr. Clay still absentendeavoring to restore his failing health.)

Aug. 13th.-The California bill passed its third reading: Yeas 34; Nays 18; (all Southern.)

Aug. 14th.-The Senate now took up the bill organizing the Territories of NewMexico and Utah, (as it was originally reported, prior to its inclusion in Mr. Clay's Omnibus.")

66

Mr. Chase of Ohio moved to amend the bill by inserting :

"Nor shall there be in said Territory either Slavery or involuntary servitude, otherwise than shall have been duly convicted to have been in the punishment of crimes whereof the party personally guilty."

Which was rejected: Yeas 20; Nays 25.
YEAS-For Prohibiting Slavery:
Messrs. Baldwin,
Hamlin,

Bradbury, Bright, Chase,

Davis, of Mass.

Miller,

Norris,

Phelps,

Cooper,

Shields,

Smith,

Dodge, of Wisc.

Upham,

Felch,

Walker,

Greene,

Whitcomb,

Winthrop-20.

Hunter,

Hale,

NAYS-Against Messrs. Atchison, Badger, Bell, Benton, Berrien, Cass,

Prohibiting Slavery:

Davis of Miss. Dawson, Dodge of Iowa, Downs, Foote, Houston,

Jones,

King,

Mangum,

Mason,

Morton,

Pratt, Rusk,

Sebastian, Soule, Sturgeon,

Underwood,

Yates-25.

The bill was then reported complete, and passed to be engrossed.

ing, and was finally passed: Yeas 27; Aug. 15th.-Said bill had its third readNays 10.

[The Senate proceeded to take up, consider, mature, and pass the Fugitive Slave bill, and the bill excluding the Slave-Trade from the District of Columbia; but the history of these is but remotely connected with our theme.] We return to the House.

Aug. 19th-The several bills which we have been watching on their tedious and dubious course through the Senate, having reached the House, Mr. William J. Brown of Ind. moved that they be taken off the Speaker's table, and made the special order for to-morrow: Defeated; Yeas 87; Nays 98.

These acts are substantially as follows:

ADMISSION CF CALIFORNIA.

An Act for the admission of the State of California into the Union.

Whereas, the people of California have presented a Constitution and asked admission into the Union, which constitution was submitted to Congress by the President of the United States, by message, dated February 13th, 1850, which, on due examination, is found to be republican in its form of government

Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever.

SEC. 2. And be it further enacted, That until the Representatives in Congress shall be appor tioned according to an actual enumeration of the inhabitants of the United States, the State of California shall be entitled to two representatives in Congress.

SEC. 3. And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or other wise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law, and do no act, whereby the title of the United States to, and right to dispose of, the same, shall be impaired or questioned; and they shall never lay any tax or assessment of any description whatsoever on the public domain of the United States; and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said State shall be common highways, and for ever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, duty, or impost therefor: Provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of Cali fornia as articles of compact in the ordinance adopted by the Convention which formed the constitution of that State. Approved, Sept. 9, 1850.

THE TEXAS BOUNDARY.

An Act proposing to the State of Texas the establish

ment of her Northern and Western Boundaries, the relinquishment by the said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to estab

lish a Territorial Government for New-Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the following propo. sitions shall be, and the same hereby are, offered to the State of Texas; which, when agreed to by the said State, in an act passed by the General Assembly, shall be binding and obligatory upon the United States, and upon the said State of Texas: Provided, That said agreement by the said General Assembly shall be given on or before the first day of December, eighteen hundred and fifty.

First.-The State of Texas will agree that her boundary on the North shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees, and thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; hence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel

of thirty-two degrees of north latitude to the Rio Bravo del Norte'; and thence with the channel of said river to the Gulf of Mexico.

Second. The State of Texas cedes to the United States all her claims to territories exte

rior to the limits and boundaries, which she agrees to establish by the first article of this agreement.

Third.-The State of Texas relinquishes all claim upon the United States for liability for the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, customhouse revenue, arms and munitions of war, and public buildings, with their sites, which became the property of the United States at the time of the Annexation.

Fourth.-The United States, in consideration of said establishment of boundaries, cession of claims to territory, and relinquishment of claims, will pay to the State of Texas the sum of ten millions of dollars, in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the interest payable half-yearly at the Treasury of the United States.

Fifth-Immediately after the President of the United States shall have been furnished with an authentic copy of the act of the general assembly of Texas, accepting these propositions, he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of this agreement.

Provided also, That no more than five millions of said stock shall be issued until the creditors of the State, holding bonds and other certificates of stock of Texas, for which duties on imports were specially pledged, shall first file, at the treasury of the United States, releases of all claims against the United States for or on account of said bonds or certificates, in such form as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States.

ORGANIZATION OF NEW-MEXICO.

The second section of this act enacts, that all

that portion of the territory of the United States, bounded as follows, to wit: beginning at a point on the Colorado river where the boundary line of the republic of Mexico crosses the same; thence eastwardly with the said boundary line to the Rio Grande; thence following the main channel of said river to the parallel of the thirtysecond degree of north latitude; thence eastwardly with said degree to its intersection with the one hundred and third degree of longitude west from Greenwich; thence north with said degree of longitude to the parallel of the thirty eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with the said parallel to its intersection with the boundary line of the State of California; thence with the said boundary line to the place of beginning, be, and the same is hereby, erected into a temporary government by the name of the Territory of New-Mexico; Provided, That nothing in this act contained shall be construed to inhibit the Government of the United Ståtes from dividing said Territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State; Provided further, That when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without Slavery, as their Constitution may prescribe at the time of their admission.

The eighteenth section enacts, that the pro

ORGANIZATION OF UTAH.

An Act to establish a Territorial Government for Utah.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the Territory of the United States included within the following limits, to wit: bounded on the west by the State of California, on the north by the Territory of Oregon, on the east by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, created into a temporary government, by the name of the Territory of Utah; and, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without Slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be construed to prohibit the government of the United States from dividing said Territory into two or more territories, in such manner and at such time as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.

[The act proceeds to provide for the appointment of a territorial governor, secretary, marshal, judges, etc., etc., and for the election of a council of thirteen, and a house of representatives of twenty-six members; also for a delegate in Congress. All recognized citizens to be voters. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter-yearly, at the Treasury of the United States. The members of the legislative assembly shall be entitled to receive each three dollars per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually traveled route. Sec. 6. And be it further enacted, That the legislative power of said Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly and Governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect.

Sec. 17. And be it further enacted, That the

Constitution and laws of the United States are

hereby extended over, and declared to be in force in, said Territory of Utah, so far as the same, or any provision thereof, may be applica

ble.

XIV.

THE KANSAS-NEBRASKA STRUGGLE.

OUT of the Louisiana Territory, since the admission first of Louisiana and then of Missouri as Slave States, there had been formed the Territories of Arkansas, Iowa, and Minnesota; the first without, and the two others with, Congressional inhibition of Slavery. Arkansas, in due course, became a Slave, and Iowa a Free, State; Minnesota was and is following surely in the track of Iowa. The destiny of one tier of States, fronting upon, and westward of, the Mississippi, was thus settled. What should be the fate of the next tier ?

Missouri, with much territory north, as well The region lying immediately westward of as a more clearly defined district south of it, was long since dedicated to the uses of the Aborigines--not merely those who had originally inhabited it, but the tribes from time to time removed from the States eastward of the Mississippi. Very little, if any, of it was legally open to settlement by Whites; and, with the exception of the few and small military and trading posts thinly scattered over its surface, it is probable that scarcely two hundred white families were located in the spacious wilderness bounded by Missouri, Iowa, and Minnesota on the east, the British possessions on the north. the crest of the Rocky Mountains on the west, and the settled portion of New-Mexico and the line of 36° 30' on the south, at the time when Mr. Douglas first, at the session of 1852-3, submitted a bill organizing the Territory of NEBRASKA, by which title the region above bounded had come to be vaguely indicated.

This region was indisputably included within the scope of the exclusion of Slavery from all Federal territory north of 36° 30′, to which the South had assented by the terms of the Missouri compact, in order thereby to secure the admission of Missouri as a Slave State. Nor was it once intimated, during the long, earnest, and searching debate in the Senate on the Compromise measures of 1850, that the adoption of those measures, whether together or separately, would involve or imply a repeal of the Missouri Restriction. We have seen in our last chapter how Mr. Clay's original suggestion of a compromise, which was substantially that ultimately adopted, was received by the Southern Senators who spoke on its introduction, with hardly a qualification, as a virtual surrender of all that the South had ever claimed with respect to the new territories. And, from the beginning to the close of the long and able discussion which followed, neither friend nor foe of the Compromises, nor of any of them, hinted that one effect of their adoption would be the lifting of the Missouri restriction from the territory now