APRIL, 1850.]

Mr. Bell's Resolutions.

[31ST CONG.

the course; for I am not prepared to state how | the message of the President, communicating far an adjustment of that character will satisfy the constitution of California, was first reevery section of this Union; but if you take ceived in the Senate chamber, I was inclined these issues one by one, and leave the majority to immediate and prompt action upon the mesat liberty to use its power on the other ques- sage, so as to admit at once the delegation from tions which have been raised, you are present- California, who had come so far, and travelled ing a most terrific and disagreeable issue to the at such an inclement season of the year, under American people. such unfavorable circumstances, and thus constituting this infant and inchoate State one of the States of this Union. I think it ought to have been done instantly, promptly; but it has not been done.

Mr. CLAY. I believe that the immediate question before the Senate is a proposition for amendment, made either from this or the other side of the House, to the motion of the honorable Senator from Mississippi, to refer this subject to a committee of thirteen; a proposition, the object of which is to except from the general reference the particular subject of California.

Causes which I did not anticipate have brought into existence excited feelings, and a degree of opposition, and have produced procrastination in reference to the subject, of which we were totally unaware. And now, sir, I say to those who are friendly to the admission of Cal

Mr. President, no one more than I do, can deplore what is the manifest state of feeling|ifornia, and who constitute, I believe, a large and relation of parties at this time, in both majority of this body, and who are friendly to Houses of Congress. It is in a great measure a prompt and immediate admission of Califorthe result of those most unhappy agitations nia, that I have been forced by circumstances which prevail in Congress, and throughout the to come to the conclusion and belief, that the country. These agitations have engendered most rapid mode in which you can get Califor feelings of distrust of the honor and fidelity nia admitted as a member of the Union, is by with which one portion of the common sub-combining in the same bill provisions for her ject being disposed of, the other portions of the admission and provisions for the government same subject may be finally disposed of. Sir, of the new territories; that if you proposeI do not partake of these feelings to the extent though I will not go into minute circumstances which, I apprehend, some others may. From-if you propose the admission of California the first moment of my entry into this House separately, there will be danger of opposition until this, my anxious desire has been to see to the passage of the measure, which will delay, these great questions settled and adjusted ami- if it do not ultimately defeat, its passage, a much cably, and to see harmony and concord, and longer time than would be consumed by taking fraternal affection, once more restored to this the course of uniting the admission of Califordivided, and, for the moment, unhappy, coun- nia with measures for establishing governments try; and, sir, acting upon this feeling, I have for the other territories. I have heard it said favored every proposition which has been of that it was disrespectful to California. How, I fered, which looked to such a termination of would ask, is it disrespectful to California to the subject as I have described. Less confi- combine her in a bill which shall not only prodent, perhaps, than others may be, in regard vide for her speedy admission, but shall also to particular modes of adjusting the question, provide governments for the territories? I can I have been for embracing them all, no matter conceive of no disrespect being offered to her from what quarter they might come-every by pursuing such a course. There is no more one which looked toward restoring union and disrespect in putting her in a bill with other harmony among this people. When, therefore, kindred measures, than there would be in plac the Senator from Mississippi presented the ing a bill for her admission exclusively, on the proposition that is now under consideration, I statute books, which shall contain other bills was ready to vote for it; if no good could be and laws in relation to the government of the accomplished by it, I believed at least that it territories. There is no disrespect in this; it is would do no harm. And it is a great recom- imaginary-in my humble conception it is idle mendation to any project that it has the object to affirm it. If you want her speedily admitin view to which I have referred. ted, give her admission, and provide at the same Sir, I am ready, for one, to vote for the ad- time for the government of the territories. mission of California separately, or in conjunc- And, sir, is there not something exceedingly tion with the other territories, for which gov- suitable in a combination of these measures? ernments are proposed, of the recently acquired By doing so, you at once make an arrangement or conquered provinces. I am ready to vote for the government of all the territories acquir for them, either separately or conjointly, with ed from Mexico; giving a government, to be or without the boundaries which she has pre- sure, of one description to one and another to scribed for herself, but rather acquiescing, under another, but still giving them all governments all the circumstances of the case, in the bound-suited to their respective conditions. Is there ary which she has herself prescribed. I repeat, I am ready to vote for her admission, at any time, and under any circumstances, separately or conjointly. I confess to you, sir, that when

any thing injurious, any thing improper in it? Then, sir, there is another great recommendation in favor of this course, which is, that we are aiming at a compromise, a specific settle

ment-
t-a compromise that shall lead to the res-
toration of peace and harmony among this dis-
turbed and distracted people. As a compro-
mise, you may put into the bill as many kindred
subjects as it is practicable to insert. I do not
wholly concur with my colleague-though I
am happy to say we generally agree-in regard
to his suggestion of adding to this bill a provi-
sion for the restoration of fugitive slaves; but
I insist upon it, that all that relates to Califor-
nia, and all that relates to governments for the
territories, and, if you please, the adjustment
of the boundary of Texas-although, perhaps,
it would be better to leave that out-are kin-
dred subjects, and are all proper to be inserted
in the same common bill.

Mr. UNDERWOOD. My colleague is mistaken in supposing that I want the bill for the reclamation of fugitive slaves to be made a part of the same bill which provides for the admission of California. I only suggested that it should go to the same committee.

[APRIL, 1850.

and I believe I was the first to propose that the question of the admission of California as a State should be excepted from the general subjects which went to that committee. And when that proposition got overslaughed-I do not know how, for things get overlooked and run over here, and I cannot pretend to follow them up-when it was afterward proposed by my friend from Connecticut, (Mr. BALDWIN,) to except the question of the admission of the State of California from the particular motion to refer all these subjects to a committee of thirteen, having been thinking somewhat on the subject, I suggested to him a modification of his motion, which he accepted. It is to be supposed, then, that I have been thinking on this subject, and that I have some reasons for my opinion that California ought to be considered separately. I had reasons then, and they have become stronger, much stronger to-day than they were then. And I had intended, after hearing every thing gentlemen had to say on this subject, if no one proclaimed the sentiments which I myself entertained, to take an occasion, before the question was disposed of, to give the reasons to the Senate which induced me to believe that the admission of California should be considered as a separate question. It has been my intention to do so; and, sir, I will say that, at the head of the considerations which appeal for the admission of California, stands the course of honorable action. And I, for one, will never conSir, I have explained what I am inclined to sent to make the admission of that State weigh think is the best course to be pursued in rela- in the balance against the catching of runaway tion to this subject. I think that the whole sub- negroes; I never will consent to the bringing ject, and all parts of the subject, in reference to of a State into the Union in that way. No one propriety and concurrence, and common char-State has ever yet been subjected to such a acter and sympathy between them, should be treated in combination, as I have suggested. That combination can be disrespectful to no one and to no portion of the country; and it is a combination that is most likely to terminate the unhappy difficulties in which we find ourselves placed at the earliest day, and in the most satisfactory manner.

Mr. CLAY. I was not present during the whole time my colleague was addressing the Senate; but I understood him to signify that the subjects should all be embraced in the same bill. The condition of my health scarcely justifies my being here at all; but such is the deep, inextinguishable anxiety I feel on this subject, that, even at the risk of injury to my personal health, I feel an irrepressible inclination always to be at my post.

Entertaining these views, I had risen for the purpose of stating that I cannot vote for the amendment which has been proposed by the Senator from Connecticut; I had hoped indeed that, on reflection, that amendment would have been withdrawn. Sir, it seems to me wholly incompatible with the purposes and the circumstances under which the committee is to be formed. Why, sir, when you constitute a committee of thirteen, for the purpose of endeavoring to arrange all these subjects, will you manacle them, will you tie their hands in regard to one of the most important branches of the subject? No, sir; if the amendment prevail, there will be no advantage in raising a committee of thirteen, and, for one, I would as soon vote against it as for it.

Mr. BENTON. On the reception of the President's message transmitting the constitution of California, a proposition was made to refer this subject to the Committee on the Territories,

condition. Nor will I go through the forms of adopting a system of measures which is to have the obligatory form of a compromise, and that upon California, while she herself stands as an outcast repulsed from our doors-to our binding her to a system of measures, and she not here to say aye or no to it. Sir, I entertain this feeling, and I have some reasons for it, more than I can give to-night.

Mr. CASS. If the Senator will permit, I will move an adjournment.

Mr. BENTON. Very well, sir; I can hardly expect to go on with a subject of this kind tonight.

And then, on motion, the Senate adjourned until Monday next.

MONDAY, April 8.

Mr. Bell's Resolutions.

The Senate proceeded to the consideration of the special order, being Mr. Foote's motion to refer Mr. BELL's resolutions to a committee of thirteen, the pending question being upon an amendment proposed by Mr. BALDWIN, to except from the reference so much as relates to the admission of California as a State.

Mr. BENTON. It is proposed to make the ad

1

Mr. Bell's Resolutions.

California is a State, and has a right to be treated as other States have been, when asking admission into the Union, and none of which 2. Texas, with her large and various queshave been subjected to the indignity of having tions, is the second subject proposed to be their application coupled with the decision of coupled with the admission of California. It other, inferior, and to them, foreign questions. is a large and complex subject, presenting in itI object to the process. I object to mixing self many and distinct points. A new State, to be California with any thing else. I have object-carved out of her side-reduction of boundaries ed in the lump; I will now take the ingre-settlement of the dispute with New Mexico

1ST SESS.]

Mr. Bell's Resolutions.

[APRIL, 1850.

should object to this conjunction with Califor- | any of the non-slaveholding States, in my opinnia, as much as California should object to it ion, have given just cause of complaint to with Texas. They present incompatible sub- slaveholding sisters. But how is it here, in jects-incongruous and large enough each to this body, the appropriate one to apply the demand a separate consideration. They are legal remedy? Any refusal on the part of norsubjects of equal dignity. Each concerns a thern members to legislate the remedy? We State, and States should be considered alone. have heard many of them declare their opinBut there is another objection to this conjunc- ions; and I see no line of East and West, dition, of higher order, still, and which concerns viding North from South, in these opinions. I this Congress, and the exercise of its powers. see no geographical boundary dividing northern By the constitution, Congress is to admit new and southern opinions. I see no diversity of States: by this coupling of Texas and Califor- opinion but such as occurs in ordinary measnia, it would be Texas which would admit the ures before Congress. For one, I am ready to new State of California. Thus: Texas has four vote at once for the passage of a fugitive slave questions to be settled, not one of which can recovery bill; but it must be as a separate be settled without her consent. A new State and independent measure. cannot be carved out of her-her boundaries cannot be reduced-her dispute with New Mexico cannot be settled-her surplus territory cannot be had, without her consent! This gives her a vote upon the admission of California, if coupled as proposed-gives her four vetoes! for there are four points at which her consent would be necessary, and the withholding of which upon any one point would be a veto upon the admission of California. In fact it would give her still more vetoes. For the subjects coupled together, and acted upon as a whole, must all stand or fall together; so that the veto of Texas upon any part of her own subject, would be the veto of the whole with which they were coupled.

The Texas questions ought to be settled ought to have been before she was admitted into the Union, and I proposed it then, five years ago, and have proposed it again at the present cession. My proposition, heretofore printed by order of the Senate, contains my sentiments. I am ready to vote for them; or for better, if offered; but always as a separate and substantive measure.

concern.

3. Fugitive slave bill. This is a case of runaway negroes, and in which California has no She will have no slaves to run away, and none can run to her. She is too far off for that. She has no interest on the subject, and it is a degradation to her to have the question of her admission mixed up with it. In her name I protest against this dishonor, against this disgrace of having the high question of her admission thrown into hotch-potch with a fugacious bill for the capture of runaway negroes. We have a bill now-an independent onefor the recovery of these slaves. It is one of the oldest on the calendar, and warmly pressed at the commencement of the session. It must be about ripe for decision by this time. I am ready to vote upon it, and to vote any thing, under the constitution, which will be efficient and satisfactory. It is the only point, in my opinion, at which any of the non-slaveholding States, as States, has given just cause of complaint to the slaveholding States. I leave out individuals and societies, and speak of States, in their corporate capacity; and say, this affair of the runaway slaves is the only case in which

4. Suppression of the slave trade in the District of Columbia. This again is a subject in which California has no concern, and with which she should not be mixed. It is a subject of low degree, and not fit to be put into the balance against the admission of a State. It is a thing right in itself, and to be done by itself; and I see no reason why it is not done. The opinion of this chamber seems to be unanimous; then why not act? I have been here thirty years, and have seen no state of parties in which this revolting traffic might not have been suppressed.

5. Abolition of slavery in the District of Columbia. I object to mixing this question with California, or with any thing else, or taking it singly. I will send it to no committee. I will not even consider it. I will do as I have done for thirty years-let it alone. I will do as Congress has done for sixty years-let it alone. I will do, as I believe this Congress will dolet it alone. I will give no committee power to act upon it, either by special authorization, or by general words large enough to cover it.

6. Abolition of slavery in the ports and arsenals, navy-yards, and dock-yards of the United States. I make the same objection to mixing this subject with California, or with any thing else. I eschew it in toto, and will vote to give no committee any sort of jurisdiction over it.

7. Abolition of the slave trade between the States. Still the same answer. I will mix it with nothing, nor take it by itself. Congress has shown no disposition to meddle with it, and has no power to do so. The clause quoted by some-no one in Congress that I ever heard of-the clause to regulate commerce between the States, gives no such power; and if it did, would be precisely the contrary of what has been claimed. To "regulate" is not to destroy, but to guide and direct-to conduct with order and method, for the better success of the thing regulated. It is to protect and to promote commerce among the States that Congress is authorized to regulate it between them; and, in that sense, it is probable that Congress will have no applications to regulate the sale of slaves between the States, nor have any disposition to do it of its own accord.

8. Abolition of slavery in the States. This

APRIL, 1850.]

Mr. Bell's Resolutions.

[31ST CONG.

oppress the slaveholding States, because the burden of it would fall exclusively upon them. It would be a mode of annoying the slave States from the right it would involve to count and value the slaves, and verify returns by actual inspection. It might be a mode of abolishing slavery, upon the principle of suppress

was a mode of suppressing, or banishing, branches of the Bank of the United States, once resorted to, in order to get rid of that institution, in some of our western States. The abstinence in Congress to exercise this undisputed power-the fact that no northern member has ever proposed or hinted it—this great fact of not using this undisputed power, when it might, should be received by all candid minds as the highest earthly evidence that Congress has no disposition to usurp disputed powers, much less to commit flagrant violations of the constitution, to harass or destroy slave property in the slaveholding States of this Union.

again is a subject which I would not touch. | now! Yet it would be a mode of taxation to The slave States are much agitated about it; but without reason and against reason. Congress has done nothing to alarm them, and much to quiet them. Disclaimer of power-disclaimer of desire; sixty years' refusal to touch it is the highest evidence which Congress can give of its determination to abide the constitution and its duty. This ought to be satisfac-ing, by fining, under the name of taxing; which tory to all slaveholders. If any one is not satisfied with this test, let him try another; let him go to the market-that quick and truthful reporter of all danger to property; and he will quickly find, from the price that is offered him, that nobody is afraid of abolition but himself. No, sir! These four last-named subjectsabolition of slavery in the District-its abolition in the forts and arsenals, dock-yards and navy-yards-its abolition in the States-and the suppression of the slave trade between the States -all belong to a class of subjects not to be touched-which Congress never has touched, and has no disposition now to touch. They are subjects which require no additional guarantees from congressional compromises. The constitution is the compromise. It is the binding compromise, and has been faithfully kept by every Congress from 1789 to 1850; and there is no reason to suppose it will not continue to be kept. If it shall not be kept, it will be time enough after the breach is committed, to think of the remedy-the remedy of disunion. We should no more look ahead for causes of disunion, than we should look ahead for causes of separation from our wives or for the murder of our mothers.

These are all the specified causes of alarm to the slave States from any conduct or apprehended conduct on the part of Congress, of which I have heard complaint. I do not trouble myself with those who have no power to act-with individuals or societies. Congress is the effective power-the representation of all the States-and of that I speak, and say that I know of nothing in its conduct which can give the slave States any cause for complaint or alarm.

Undefined complaints of aggressions, encroachments, and oppressions are made from some parts of the South. So far as these undefined complaints apply to Congress, and the northern States, I know of no foundation for them. Some legislative resolutions are offensive, but they do not amount to aggression, encroachment, oppression. But I do know of forbearance in Congress to exercise an undisputed power which might be exercised to the annoyance and oppression of the South. I allude to the power of direct taxation. The slave property of the slaveholding States is estimated at more than a thousand millions of dollars. It would be a rich subject of taxation. No Government in the world leaves such a mass of wealth untaxed. We have taxed it, and when it was worth much less than now-taxed it in 1798 and in 1813. No one dreams of it

But we do not stop at forbearance-at abstinence from using undisputed power to annoy the slave States. We do not stop at negative proof to show the just and kind disposition of Congress towards these States. We proceed to positive acts, and by them prove the same thing. And here let us be precise. The year 1835 is named as the year of the commencement of the slavery agitation, and the aggressions upon the South. Granted, as to the time. Granted, also, as to individuals and societies. But how was it as to States and Congress? That is the point. And the answer is, that so little was Congress affected by the abolition societies-so little inclined to abolish slavery, or to restrict its area-that it actually increased it; and that repeatedly and largely, and within the obnoxious time. It was in the year 1836-the very year after this slavery agitation is dated, and the very year after the leading papers in the South had made it a question of time only for a convention of the slaveholding States to assemble and provide for a southern confederacy, that Congress actually increased the area of slavery in one of the largest of the slave states; and that at a sacrifice of a part of the Missouri compromise line, and by the actual conversion of a large extent of free soil into slave soil. I speak of the annexation of the Platte country to the State of Missouri. By that act of annexation, a part of the Missouri compromise line-one hundred miles of it on a straight line-was abolished; and a new line substituted, near three hundred miles long on its two sides, cutting deep into free soil, and converting it into slave soil. The six beautiful counties of the Platte country were gained to Missouri by this opera tion-gained to a slave State, and carved out of free territory, made free by the compromise of 1820-and all by the help of northern votes. I say by the help of northern votes, and without referring to the journal; for the fact proves