ON THE ADMISSION OF CALIFORNIA,
AND OTHER MATTERS CONNECTED WITH
SLAVERY IN THE STATES AND TERRITORIES.
IN THE SENATE OF THE UNITED STATES, JANUARY 29, 1850.
[THE thirty-first congress commenced its session in the midst of great excitement, principally in relation to the question of slavery, and more particularly in connection with California, which newly-acquired territory was then seeking admission into the Union as a state. Mr. Clay had been induced to return again to the senate, and his genius and self-sacrifice did more, perhaps, to control the elements of discord, and reconcile contending factions, than the labors of any other single individual. Many projects were submitted, which were nearly unexceptionable; but it remained for Mr. Clay to embody in a series of resolutions such conciliatory propositions as ultimately met the approval of all who were desirous of ‘promoting the greatest good of the greatest number.’ We have not been able to procure a perfect copy of his speech on the occasion of submitting these resolutions, but the following abstract will afford a tolerably correct idea of what was said.]
MR. PRESIDENT: I hold in my hand a series of resolutions, which I desire to present to the consideration of the senate. Taken together, they propose an amicable arrangement of all the questions in controversy between the Free and Slave states, growing out of the subject of the institution of slavery. It is not my intention at this time to enter into a full and elaborate discussion of each of the resolutions, as proposing a system of measures; but I desire to present a few observations upon each resolution, for the purpose of placing them fairly and fully before the senate of the country;—and I may add, with the indulgence of the senate, towards the conclusion of my remarks, some observations about the state of the country, and the questions to which the resolutions relate, whether they shall or shall not meet with the approbation and concurrence of the senate, as I most earnestly hope they may;—as I sincerely trust they will. I trust that, at least some portion of that time which I have devoted with careful deliberation to the preparation of these resolutions, and to the presentation of this great national scheme of national compromise and harmony,—I hope, I say, that some portion of that time will be employed by each senator before he pronounces against the proposition. These resolutions are preceded by a preamble as follows:
It being desirable, for the peace, concord, and harmony of the Union of these states, to settle and adjust amicably, all questions of controversy between them arising out of the institution of slavery, upon a fair equality and just basis; therefore—
FIRST—Resolved, That California, with suitable boundaries, ought, upon her application, to be admitted as one of the states of the Union, without the imposition by congress of any restriction to the exclusion or introduction of slavery within those boundaries.
It must be acknowledged that there has been some irregularity in the movements in California, which have resulted in the formation of her Constitution. It was not preceded by any action of congress authorizing a convention, and designating the boundaries of the proposed state, according to all the cases of the admission of new states into this Union, which were admitted prior to that of Michigan, if I am not mistaken, which, unauthorized by congress, undertook to form for herself a Constitution, and to knock at the door of congress for admission into the Union. I was myself at the time, I recollect, when Michigan presented herself, opposed, in consequence of that deviation from the early practice of the government, to her admission. The majority determined otherwise, and it must be in candor owned, 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 brightest states of this glorious confederacy. She has sent here to mingle in our councils senators and representatives so distinguished, that we may all associate with them with pride, with pleasure, and 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 proposed by this first resolution, with suitable limits, she, too, may make her contribution of wisdom, patriotism and good feeling to this body, to conduct the affairs of this great and boundless republic. The resolution proposes her admission when she applies. 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 on which I propose the adjustment of this unhappy question. The second resolution is as follows:
SECOND—Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of those territories 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 its exclusion from, any part of the said territory: and that appropriate territorial governments ought to be established by congress, in all of the said territories, not assigned as the boundaries of this proposed state of California, without the abolition of any restrictions or condition on the subject of slavery.
Sir, it proposes the 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 the present time, slavery within any portion of the territory acquired from Mexico. When I say what that truth is, I speak my own deliberate and solemn conviction. I am aware thatsome gentlemen have held a different doctrine, but I persuade myself that they themselves, when they come to review the whole ground, will see sufficient reason for a change or modification of their opinion; and if they adhere to it, 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, with all the evidence upon which the fact rests, which, I suppose, is as accessible to other senators as to myself. I must say that from all I have heard or read, from all the witnesses that 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 from Mexico will slavery ever be planted; and I believe it could not be done by the force and power of public authority. Facts are daily transpiring to justify this conclusion. I invite senators, from the free states especially, to consider what has occurred since the last session, and even since we have left our respective constituencies, without an opportunity of our own of consulting with them upon that great and momentous fact. The fact is that California herself, although it was asserted and predicted that she never would establish slavery when she came to be a state, has in a convention, by a unanimous vote, declared against the introduction of slavery within her limits. I think, sir, taking that leading fact into consideration, with all the evidence which has reached me, I am warranted in the conclusion which constitutes the second truth that I have stated in this resolution, that slavery is not likely to be introduced into any of our newly-acquired territories, and the latter part of the resolution asserts that it is the duty of congress to ‘establish appropriate territorial governments within all that territory, exclusive of California, not embracing in the acts by which these governments shall be constituted, either a prohibition or an admission of slavery.’ Much as I am disposed to defer to high authority—anxious as I really am to find myself in a position which would enable me to coöperate heartily with other departments of the government in conducting the affairs of this great people—I cannot concur in the propriety of a dereliction of those territories—of an abandonment of them, leaving them, without government, to all those scenes of disorder, confusion and anarchy, which, I regret to say, with respect to some of them, there is too much reason to anticipate will arise. It is the duty—the solemn—I was going to add, almost the sacred duty of congress—to legislate for that people, if they can; and, at all events, to attempt to legislate for them, and to give them the benefit of law, order and security.
The next resolutions, sir, are the third and fourth, which, having an immediate connection with each other, should be read together:
THIRD—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 lineeastwardly, and continuing in the same direction, to the line as established between the United States and Spain, excluding any portion of New Mexico, whether laying on the east or west of that river.
FOURTH—Resolved, That it be proposed to the state of Texas that the United States will provide for the payment of all that portion of all the legitimate and bona fide public debts of that state, contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said state to its creditors, not exceeding the sum of —— dollars, in consideration of the duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition, also, that the said state shall, by some solemn and authentic act of her legislature, or of a convention, relinquish to the United States any claim which it has to any part of New Mexico.
Mr. Clay did not intend to go into the complex question as to what were the due limits of Texas. His opinion was that Texas has not a good title to any portion of what is called New Mexico; but he was free to admit that, looking at the ground which her senators assumed, the law of Texas of ’35, the treaty with Santa Anna, and so on—looking to all these facts, but not yielding to them all the force which gentlemen claimed for them, he must say that there was plausibility in the claim which she sets up. He proposed then, that whether the Neuces or the Bravo is, or is not, the boundary of Texas, that her western limit shall be on the Del Norte, from its mouth to the mouth of the Sabine. He proposed also, in connection with this decision of the question of boundary, that congress shall pay the debts of Texas, for the liquidation of which the duties on foreign goods imported into Texas were pledged prior to annexation.
After some remarks relative to the circumstances connected with the contraction of these debts by Texas, Mr. Clay said, in his humble opinion, he thought if there was justice or truth, we owe to the creditors of Texas the duty of reimbursing them for money loaned upon the pledges of those revenues, which were cut off by annexation. He proposed, also, that Texas should, for the consideration mentioned, relinquish any claim she may have to any portion of New Mexico. He was willing to give something for even an imperfect claim of this kind for the sake of peace.
The fifth and sixth resolutions were as follows:
FIFTH—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.
SIXTH—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, said Mr. Clay, simply asserted that slavery ought not to be abolished in the Federal District, except on the conditions named. The sixth resolution expressed the expediency of prohibiting the slave trade in the District. He did not mean to interferewith the sale of slaves, from one family to another in the District; the slave trade which he proposed to prohibit was that which Mr. Randolph, forty years ago, pronounced an abomination. It was a mistake on the part of the North, if they supposed that the people of the South generally looked upon the slave trader, or his occupation, with complacence. The slave dealer was frequently excluded from association with the respectable and worthy in the South. He proposed that the slave trader should go to other parts to pursue his calling—that he should not be permitted to erect his prisons here, and put on his chains, and sometimes shock the feelings by their trains of manacled beings through our streets and avenues. Neither should they bring them here. There was no necessity for it, and it ought to be prohibited.
The seventh resolution related to a matter now under discussion in the senate, and he would refrain from any general remarks upon it. It was as follows:
SEVENTH—Resolved, That more effectual provision ought to be made by law, according to the requirements of the Constitution, for the restitution and delivery of persons bound to service or labor, in any state, who may escape into any other state or territory of this Union.
The eighth and last resolution provided that congress has no power to prohibit the trade in slaves between the states. It was as follows:
EIGHTH—Resolved, That congress has no power to prohibit or obstruct the trade in slaves between the slaveholding states, and that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular law.
It was obvious that no legislation was intended as a consequence of the resolution; it merely asserted a truth. He had thought that, in looking at this whole subject, it was fit and proper to resort to great and fundamental principles, to keep them before the mind, that they might not violate them. These resolutions involved no sacrifice of any principle; they were founded upon a basis of mutual forbearance and concession—a concession not of matters of principle, but matters of feeling merely. He thought, in view of all the circumstances, a more liberal concession might be expected from the free states than could be asked of the South; and, truly, with gentlemen from the North this question was an abstraction, while with the people of the South it was a principle involving their property, and, as a large portion of them believed, of their prosperity and peace. The North, too, was numerically more powerful, and greatness and magnanimity should always go together. Mr. Clay concluded with a most eloquent appeal in behalf of harmony, peace, mutual concessions, and forbearance, for the sake of the Union. In the course of his remarks, he exhibited a sacred relic—a piece of the coffin of Washington—presented that morning, and submitted some thrillingobservations relative to the distinguished dead, and the spirit which he, if upon the stage of action, would urge in the settlement of the momentous question under discussion.
Mr. Clay said, his proposition was not to take absolutely from Texas the territory which she claimed; it made a proposition to Texas for her consideration. He had expressed, it was true, his own opinion that the title of Texas was not good to the territory in question, and at the same time he would be happy to discuss that question.
In the course of a conversation which ensued between Mr. Clay and Mr. Foote, the latter asserted that the faith of congress was pledged to all the Southern states, and not Maryland alone, for the preservation of slavery in the District.
Mr. Clay. Suppose slavery be abolished in Maryland to-morrow, have we no power to abolish it here?
Mr. Mason, of Virginia, and Mr. Davis, of Mississippi, expressed their determination never to sanction such a compromise as that embraced in the resolutions which had been offered. They also indulged in some reflections upon the course of Mr. Clay, as a senator from a slave state.
Mr. Clay replied briefly, premising by saying, in answer to the reflections cast by the senators from Virginia and Mississippi (Mr. Mason and Mr. Davis,) I tell these gentlemen that I know my duties, and I mean to express my opinions, fearless of all mankind. He also said—Coming from a slave state, as I do, no earthly power can ever compel me to vote for the positive introduction of slavery, either north or south of the Missouri Compromise,—No, Sir—No!
Mr. Clay desired to say, that these were not abstract propositions, but designed for positive action, by their reference to appropriate committees, who shall report bills in relation to the several subjects requiring legislative action.