1ST SESS.] California and New Mexico. [JANUARY, 1850. the Territories ceded by Mexico as States, it ap pears probable that similar excitement will prevail to an undue extent. With a view to the faithful execution of the treaty, so far as lay in the power of the Executive, and to enable Congress to act at the present session, with as full knowledge and as little difficulty as Under these circumstances I thought, and still possible on all matters of interest in these Territo- think, that it was my duty to endeavor to put it in ries, I sent the Hon. THOMAS BUTLER KING as the power of Congress, by the admission of Calibearer of despatches to California, and certain offi-fornia and New Mexico as States, to remove all cers to California and New Mexico, whose duties occasion for the unnecessary agitation of the pubare particularly defined in the accompanying letters lic mind. of instruction addressed to them severally by the proper Departments. I did not hesitate to express to the people of those Territories my desire that each Territory should, if prepared to comply with the requisitions of the Constitution of the United States, form a plan of a State constitution, and submit the same to Congress, with a prayer for admission into the Union as a State, but I did not anticipate, suggest, or authorize, the establishment of any such government without the assent of Congress, nor did I authorize any Government agent or officer to interfere with or exercise any influence or control over the election of Delegates, or over any Convention, in making or modifying their domestic institutions, or any of the provisions of their proposed constitution. On the contrary, the instructions given by my orders were, that all measures of domestic policy adopted by the people of California, must originate solely with themselves; that while the Executive of the United States was desirous to protect them in the formation of any Government republican in its character, to be at the proper time submitted to Congress, yet it was to be distinctly understood that the plan of such a Government must at the same time be the result of their own deliberate choice, and originate with themselves, without the interference of the Executive. I am unable to give any information as to laws passed by any supposed Government in California, or of any census taken in either of the territories mentioned in the resolution, as I have no information on those subjects. As already stated, I have not disturbed the arrangements which I found had existed under my predecessor. In advising an early application by the people of these Territories for admission as States, I was actuated principally by an earnest desire to afford to the wisdom and patriotism of Congress the opportunity of avoiding occasions of bitter and angry dissensions among the people of the United States. Under the constitution, every State has the right of establishing, and from time to time, altering its municipal laws and domestic institutions, independently of every other State and of the General Government, subject only to the prohibitions and guarantees expressly set forth in the Constitution of the United States. The subjects thus left exclusively to the respective States, were not designed or expected to become topics of national agitation. Still, as under the constitution, Congress has power to make all needful rules and regulations respecting the Territories of the United States, every new acquisition of Territory has led to discussions on the question, whether the system of involuntary servitude which prevails in many of the States should or should not be prohibited in that Territory. The periods of excitement from this cause, which have heretofore occurred, have been safely passed; but during the interval, of whatever length, which may elapse before the admission of VOL. XVI.-25 It is understood that the people of the western part of California have formed a plan of a State constitution and will soon submit the same to the judgment of Congress and apply for admission as a State. This course on their part, though in accordance with, was not adopted exclusively in consequence of any expression of my wishes, inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor, and were already in active progress of execution before any communication from me reached California. If the proposed constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the Constitution of the United States, I earnestly recommend that it may receive the sanction of Congress. The part of California not included in the proposed State of that name, is believed to be unin habited, except in a settlement of our countrymen in the vicinity of Salt Lake. A claim has been advanced by the State of Texas to a very large portion of the most populous district of the Territory commonly designated by the name of New Mexico. If the people of New Mexico had formed a plan of a State Government for that Territory as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our constitution would have afforded the means of obtaining an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Congress to devise some mode for its adjustment. Meanwhile I submit to Congress the question, whether it would be expedient before such adjustment to establish a Territorial Government, which, by including the district so claimed, would practically decide the question adversely to the State of Texas, or by excluding it, would decide it in her favor. In my opinion such a course would not be expedient, especially as the people of this Territory still enjoy the benefit and protection of their municipal laws, originally derived from Mexico, and have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better protected than they ever were before the treaty of cession. Should Congress, when California shall present herself for incorporation into the Union, annex a condition to her admission as a State affecting her domestic institutions contrary to the wishes of her people, and even compel her temporarily to comply with it, yet the State could change her constitution at any time after admission, when to her it should seem expedient. Any attempt to deny to the people of the State the right of self-government in a matter which peculiarly affects themselves will infallibly be regarded by them as an invasion of their rights; and, upon the principles laid down in our own Declaration of Independence, they will certainly be sustained by the great mass of the Amer ican people. To assert that they are a conquered people, and must as a State submit to the will of their conquerors, in this regard, will meet with no cordial response among American freemen. Great numbers of them are native citizens of the United States, and not inferior to the rest of our countrymen in intelligence and patriotism; and no language of menace to restrain them in the exercise of an undoubted right, substantially guaranteed to them by the treaty of cession itself, shall ever be uttered by me, or encouraged and sustained by persons acting under my authority. It is to be expected that in the residue of the territory ceded to us by Mexico the people residing there will, at the time of their incorporation into the Union as a State, settle all questions of domestic policy to suit themselves. No material inconvenience will result from the want, for a short period, of a Government established by Congress over that part of the Territory which lies eastward of the new State of California; and the reasons for my opinion that New Mexico will at no very distant period ask for admission into the Union are founded on unofficial information, which I suppose is common to all who have cared to make inquiries on that subject. [31ST CONG. Mr. SEDDON having concludedMr. McCLERNAND moved to amend the motion of Mr. VENABLE, SO as to refer the message to he Committee of the Whole on the state of the Union, and print; and upon that motion he demanded the previous question. Pending this question On motion of Mr. STANLY, the House adjourned. IN SENATE. TUESDAY, January 29. The Slavery Question-Mr. Clay's Compromise Resolutions-His Eight Resolutions, covering all the Points of the Question, with his Introductory and Explanatory Speech. intention, Mr. President, at this time, to enter into a full and elaborate discussion of each of these resolutions, taken separately, or the whole of them combined together, as composing a system of measures; but I desire to present a few observations upon each resolution, with the pur Mr. CLAY. Mr. President, I hold in my hand a series of resolutions which I desire to submit to the consideration of this body. Taken together, in combination, they propose an amicable arrangement of all questions in controver sy between the free and the slave States, grow Seeing, then, that the question, which now ex-ing out of the subject of slavery. It is not my cites such painful sensations in the country, will in the end certainly be settled by the silent effect of causes independent of the action of Congress, I again submit to your wisdom the policy recommended in my annual message of awaiting the salutary operation of those causes, believing that we shall thus avoid the creation of geographical parties, and secure the harmony of feeling so neces-pose, chiefly, of exposing it fairly and fully be sary to the beneficial action of our political system. Connected, as the Union is, with the remembrance of past happiness, the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feeling of duty, and every emotion of patriotism, tend to inspire fidelity and devotion to it, and admonish us cautiously to avoid any unnecessary controversy which can either endanger it or impair its strength, the chief element of which is to be found in the regard and affection of the people for each other. Z. TAYLOR. The message having been read-— Mr. VENABLE moved that it be referred, with the accompanying documents, to the Committee on the Territories. WEDNESDAY, January 23. President's Message-California. On the motion of Mr. VENABLE, the House resumed the consideration of the special message of the President; the pending question being on the motion of Mr. VENABLE, to refer to the Committee on Territories, and print. Mr. CLINGMAN, who was entitled to the floor, waived his right. Mr. SEDDON addressed the House on the subject of the President's communication in reply to the resolutions submitted by Mr. VENABLE; at the close of which, there was some applause, which was checked by the SPEAKER. fore the Senate and before the country; and I may add, with the indulgence of the Senate, towards the conclusion, some general observations upon the state of the country and the condition of the question to which the resolutions relate. Whether they shall or shall not meet with the approbation and concurrence of the Senate -as I most ardently hope they may; as I most sincerely believe they ought-I trust that at least some portion of the long time which I have devoted, with care and deliberation, to the preparation of these resolutions, and to the presentation of this great national scheme of compromise and harmony, will be employed by each Senator before he pronounces against the proposition embraced in these resolutions. The resolutions, sir, are all preceded by a short preamble, to which of course I attach no very great importance. The preamble and first resolution are as follows: harmony of the union of these States to settle and It being desirable for the peace, concord, and adjust amicably all existing questions of controversy between them arising out of the institution of slavery, upon a fair, equitable, and just basis: Therefore 1st. Resolved, That California, with suitable boundaries, ought, upon her application, to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries. Mr. President, it must be acknowledged that there has been some irregularity in the move ments which have terminated in the adoption of a constitution by California, and in the expression of her wish-not yet formally communicated to Congress it is true, but which may be anticipated in a few days-to be ad- | mitted into the Union as a State. There has been some irregularity in the manner in which they have framed that constitution. It was not preceded by any act of Congress authorizing the convention and designating the boundaries of the proposed State, according to all the early practice of this Government, according to all the cases of the admission of new States into this Union, which occurred prior, I think, to that of Michigan. Michigan, if I am not mistaken, was the first State which, unbidden, unauthorized by any previous act of Congress, undertook to form for herself a constitution, and to knock at the door of Congress for admission into the Union. I recollect that at the time when Michigan thus presented herself, I was opposed, in consequence of that deviation from the early practice of the Government, to the admission. The majority determined otherwise, and it must be in candor admitted by all men, that California has much more reason to do what she has done, unsanctioned and unauthorized by a previous act of Congress, than Michigan had to do what she did. Sir, notwithstanding the irregularity of the admission of Michigan into the Union, it has been a happy event. She forms now one of the bright stars of this glorious Confederacy. She has sent here to mingle in our councils Senators and Representatives-men eminently distinguished, with whom we may all associate with pride, with pleasure, and with satisfaction. And I trust that if California-irregular as her previous action may have been in the adoption of a constitution, but more justifiable than was the action of Michigan-if she also shall be admitted, as is proposed by this first resolution, with suitable limits, that she too will make her contribution of wisdom, of patriotism, and of good feeling to this body, in order to conduct the affairs of this great and boundless empire. The resolution proposes her admission when she applies for it. There is no intention on my part to anticipate such an application, but I thought it right to present this resolution as a part of the general plan which I propose for the adjustment of these unhappy difficulties. The second resolution, sir, is as follows: 2d. Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the Republic of Mexico, it is inexpedient for Congress to provide by law, either for its introduction into or exclusion from any part of the said territory; and that appropriate Territorial Governments ought to be established by Congress in all of the said territory, not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery. [JANUARY, 1850. This resolution, sir, proposes, in the first instance, a declaration of two truths-one of law and the other of fact. The truth of law which it declares is, that there does not exist, at this time, slavery within any portion of the territory acquired by the United States from Mexico. When I say, sir, that it is a truth, I speak my own solemn and deliberate conviction. I am aware that some gentlemen have held a different doctrine; but I persuade myself that they themselves, when they come to review the whole ground, will see sufficient reasons for a change, or at least a modification of their opinions; but that, at all events, if they adhere to that doctrine, they will be found to compose a very small minority of the whole mass of the people of the United States. The next truth which the resolution asserts is, that slavery is not likely to be introduced into any portion of that territory. That is a matter of fact; and all the evidence upon which the fact rests is perhaps as accessible to other Senators as it is to me; but I must say that from all I have heard or read, from the testimony of all the witnesses I have seen and conversed with, from all that has transpired and is transpiring, I do believe that not within one foot of the territory acquired by us from Mexico will slavery ever be planted, and I believe it could not be done even by the force and power of public authority. Sir, facts are daily occurring to justify me in this opinion. Sir, what has occurred? And upon that subject, and indeed upon this whole subject, I invite Senators from the free States especially to consider what has occurred even since the last session-even since the commencement of this session-since they left their respective constituencies without an opportunity of consulting with them upon the great and momentous fact; the fact that California herself, of which it was asserted and predicted that she never would establish slavery within her limits when she came to be admitted as a State; that California herself, embracing, of all other portions of the country acquired by us from Mexico, that country into which it would have been most likely that slavery should have been introduced; that California herself has met in convention, and by a unanimous vote, embracing in that body slaveholders from the State of Mississippi, as well as from other parts, who concurred in the resolution-that California by a unanimous vote has declared against the introduction of slavery within her limits. I think, then, that taking this leading fact in connection with all the evidence we have from other conclusion which constitutes the second truth sources on the subject, I am warranted in the. which I have stated in this resolution, that slavery is "not likely to be introduced into any of the territory acquired by us from Mexico." Sir, the latter part of that resolution asserts that it is the duty of Congress to establish appropriate territorial governments within all the country acquired from Mexico, exclusive of JANUARY, 1850.] Mr. Clay's Compromise Resolutions. [31ST Cosa, California, not embracing in the acts by which | gether or separately, the same degree of force these governments shall be constituted either a prohibition or an admission of slavery. which gentlemen who think that Texas has a right to New Mexico do, I must say that there is plausibility, to say the least of it, in the pretensions that she sets up to New Mexico. I do not think they constitute or demonstrate the existence of a good title, but a plausible one. Well, then, sir, what do I propose? Without entering into any inquiry whether the Nueces or the Rio Grande was the true boundary of Texas, I propose by the first of these two reso Sir, much as I am disposed to defer to high authority-anxious as I really am to find myself in a position that would enable me to cooperate heartily with the other departments of the Government in conducting the affairs of this great people, I must say that I cannot, without a dereliction of duty, consent to an abandonment of them without government, leaving them to all those scenes of disorder, confusion, and an-lutions, that its western limits shall be fixed on archy which I apprehend, in respect of some of them, there is too much reason to anticipate will arise. It is the duty, the solemn-I was going to add the most sacred duty-of Congress to legislate for their government if they can, and at all events to legislate for them, and to give them the benefit of law, and order, and security. The next resolutions are the third and fourth, which, having an immediate connection with each other, should be read and considered together. They are as follows: 3d. Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so continuing in the same direction to the line established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river. the Rio del Norte-extending west from the Sabine to the mouth of the Rio del Norte-and that it shall follow up the Bravo, or the Rio del Norte, to where it strikes the southern line of New Mexico, and then diverging from that line, follow on in that direction until it reaches the line as fixed by the United States and Spain by their treaty of 1819; and thus embracing a vast country abundantly competent to form two or three States-a country which I think the highest ambition of her greatest men ought to be satisfied with as a State and member of this Union. But, sir, the second of these resolutions makes a proposition to the State of Texas upon which I desire to say a few words. It proposes that the Government of the United States will provide for the payment of all that portion of the debt of Texas for which the duties received up on imports from foreign countries was pledged by Texas at a time when she had authority to 4th. Resolved, That it be proposed to the State have endeavored to ascertain, but all the means make pledges. How much it will amount to I of Texas that the United States will provide for the payment of all that portion of the legitimate requisite to the ascertainment of the sum have and bona fide public debt of that State, contracted not been received, and it is not very essential prior to its annexation to the United States, and at this time, because it is the principle and not for which the duties on foreign imports were pledged the amount that is most worthy of consideration. by the said State to its creditors not exceding the Now, sir, the ground upon which I base this sum of $- in consideration of the said duties liability on the part of the United States to pay so pledged having been no longer applicable to a specified portion of the debt of Texas is not that object after the said annexation, but having new to me. It is one which I have again and thenceforward become payable to the United again announced to be an opinion entertained States; and upon the condition also that the said by me. I think it is founded upon principles State of Texas shall, by some solemn and authentic of truth and eternal justice. Texas being an inact of her Legislature, or of a convention, relin-dependent Power, recognized as such by all the quish to the United States any claim which it has to any part of New Mexico. great powers of the earth, invited loans to be made to her to enable her to prosecute the then Mr. President, I do not mean now, I do not existing war between her and Mexico. She told know that I shall at any time-it is a very those whom she invited to make these loans complex subject, and one not free from difficulty that " if you make them, the duties on foreign -go into the question of what are the true imports shall be sacredly pledged for the reim limits of Texas. My own opinion is, I must bursement of the loans." The loans were made. say, without intending by the remark to go The money was received, and expended in into any argument, that Texas has not a good the establishment of her liberty and her inde title to any portion of what is called New Mex-pendence. After all this, she annexed herself ico. And yet, sir, I am free to admit that, to the United States, who thenceforward sc looking at the grounds which her representa- quired the right to the identical pledge which tives assumed, first in the war with Santa Anna she had made to the public creditor to satisfy in 1836, then at what transpired between Mr. the loan of money which he had advanced to Trist and the Mexican negotiators when the her. The United States became the owners of treaty of peace was negotiated, and then the that pledge and the recipient of all the duties fact that the United States have acquired all the payable in the ports of Texas. country which Texas claimed as constituting a portion of her territory; looking at all these facts, but without attaching to them, either to Now, sir, I do say that, in my humble judg ment, if there be honor, or justice, or truth amongst men, we do owe to the creditors who thus advanced their money upon that pledge the reimbursement of the money, at all events to the extent that the pledged fund would have reimbursed it, if it had never been appropriated by us to our use. We must recollect, sir, that in relation to that pledge, and to the loan made in virtue and on the faith of it, there were three parties bound-I mean after annexation: the United States, Texas, and the creditor of Texas, who had advanced his money on the faith of a solemn pledge made by Texas. Texas and the United States might do what they thought proper; but in justice they could do nothing to deprive the creditor of a full reliance upon the pledge upon the faith of which he had advanced his money. Sir, it is impossible now to ascertain how much would have been received from that source of revenue by the State of Texas if she had remained independent. It would be most unjust to go there now and examine at Galveston and her other ports to ascertain how much she now receives by her foreign imports; because, by being incorporated into this Union, all her supplies which formerly were received from foreign countries, and subject-many of them at least-to import duties, are now received by the coasting trade, instead of being received from other countries, as they would have been if she remained independent. Considering the extent of her territory, and the rapid manner in which her population is increasing, and is likely to increase, it is probable that in the course of a few years there might have been such an amount received at the various ports of Texas-she remaining independent as would have been adequate to the extinction of the debt to which I have referred. But, sir, it is not merely in the discharge of what I consider to be a valid and legitimate obligation resting upon the United States to discharge the specified duty, it is not upon that condition alone that this payment is proposed to be made; it is also upon the further condition that Texas shall relinquish to the United States any claim that she has to any portion of New Mexico. Now, sir, although, as I believe, she has not a valid title to any portion of New Mexico, she has a claim; and for the sake of that general quiet and harmony, for the sake of that accommodation which ought to be as much the object of legislation as it is of individuals in their transactions in private life, we may do now what an individual in analogous circumstances might do, give something for the relinquishment of a claim, although it should not be well found ed, for the sake of peace. It is therefore proposed-and this resolution does propose that we shall pay the amount of the debt contracted by Texas prior to its annexation to the United States, in consideration of our reception of the duties applicable to the extinction of that debt; and that Texas shall also, in consideration of a sum to be advanced, relinquish any claim which she has to any portion of New Mexico. [JANUARY, 1850. The fifth resolution, sir, and the sixth, like the third and fourth, are somewhat connected together. They are as follows: 5th. Resolved, That it is inexpedient to abolish slavery in the District of Columbia, whilst that institution continues to exist in the State of Maryland, without the consent of that State without the consent of the people of the District, and without just compensation to the owners of slaves within the District. 6th. But Resolved, That it is expedient to prohibit within the District the slave-trade, in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia. The first of these resolutions, Mr. President, in somewhat different language, asserts substantially no other principle than that which was asserted by the Senate of the United States twelve years ago, upon resolutions which I then offered, and which passed-at least the particular resolution passed-by a majority of four-fifths of the Senate. I allude to the resolution presented by me in 1838. I shall not enlarge on that resolution; it speaks for itself; it declares that the institution of slavery should not be abolished in the District of Columbia without the concurrence of three conditions; first, the assent of Maryland; second, the assent of the people within the District; and third, compensation to the owners of the slaves within the District for their property. The next resolution proposed deserves a passing remark. It is that the slave trade within the District ought to be abolished, prohibited. I do not mean by that the alienation and transfer of slaves from the inhabitants within this District-the sale by one neighbor to another of a slave which the one owns and the other wants, that a husband may perhaps be put along with his wife, or a wife with her husband. I do not mean to touch at all the question of the right of property in slaves amongst persons living within the District; but the slave trade to which I refer was, I think, pronounced an abomination more than forty years ago, by one of the most gifted and distinguished sons of Virginia, the late Mr. Randolph. And who is there who is not shocked at its enormity? Sir, it is a great mistake at the North, if they suppose that gentlemen living in the slave States look upon one who is a regular trader in slaves with any particular favor or kindness. They are often-sometimes unjustly, perhaps excluded from social intercourse. I have known some memorable instances of this sort. But, then, what is this trade? It is a good deal limited since the retrocession of the portion of the District formerly belonging to Virginia. There are Alexandria, Richmond, Petersburg, and Norfolk, south of the Potomac, and Baltimore, Annapolis, and perhaps other ports, north of the Potomac. Let the slave-dealer, who chooses to collect his slaves in Virginia and Maryland, go to these places; let him not come here |