A Biography of Henry Clay, the Senator from Kentucky / Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.

by Unknown

I shall next notice an act making appropriations for the civil and diplomatic expenses of the government for the year 1842. It will be found in the fifth volume of the Statutes at Large, page 476, chapter 29. To that act is annexed a proviso limiting the compensation which should be received for printing the laws and documents of congress. The next subject I shall notice is an act to provide for the support of the military academy of the United States for the year 1838, and for other purposes. It will be found in volume fifth of the Statutes at Large, page 262, chapter 169.—These are only some out of a multitude of the same kind that might have been produced from the passage of such laws, from time to time, founded upon the discretion and good sense of congress, embracing subjects of every variety of incongruity. And yet, upon a bill which proposes to unite three subjects perfectly compatible in their nature, without the slightest incongruity existing between them—subjects which, at the last session, were proposed to be united together by the honorable senator from Wisconsin, in his proposal for the adjustment of these unpleasant questions, it is all at once discovered that the powers of government are paralyzed: that it is ‘tacking’—a word which has not yet been imported from England in her parliamentary law—it is all at once discovered that it is ‘tacking’—amost dangerous and undignified course, which ought not to be sanctioned.

I mentioned, sir, a while ago, acts which embraced every possible variety of legislation. I referred to an act providing for the support of the military academy of the United States for the year 1838, and for other purposes. That act makes thirty or forty appropriations for different objects! It makes appropriations for the documentary history of the revolution, for continuing the construction of the patent office, for furnishing machinery and other expenses incident to the outfit of the branch mint at New Orleans, Charlotte, and Dahlonega; for the salaries of the governor, chief judge, associate justices, district attorney, marshal, and pay and mileage of the members of the legislative assembly of the territory of Iowa, the expense there of taking the census, and for other incidental and contingent expenses of that territory, and in relation to the investment in state stock of the bequest of the late James Smithson, of London, for the purpose of founding at Washington, in this district, an institution we denominate the Smithsonian Institution. These and various other acts are all comprehended in a bill making an appropriation for the military academy at West Point.

Now, sir, after this, can it be said that there is any want of power, or any non-conformity in the practice of congress, in endeavoring to unite together, not three incongruous and discordant measures, but three measures of the same character, having, in different form, the same general object?

I will pass on, with a single observation on an amendment introduced by the committee into the territorial bill. To that amendment I was opposed, but it was carried in the committee. It is an amendment which is to be found in the tenth section of one of the bills limiting the power of the territorial legislature upon the subject of laws which it may pass. Amongst other limitations, it declares ‘that the territorial legislature shall have no power to pass any law in respect to African slavery.’ I did not then, and do not now, attach much importance to the amendment, which was proposed by an honorable senator, now in my eye, and carried by a majority of the committee. The effect of that clause will at once be understood by the senate. It speaks of ‘African’ slavery. The word African was introduced so as to leave the government at liberty to legislate as it might think proper on any other condition of slavery—‘Peon’ or ‘Indian’ slavery, which has so long existed under the Spanish regime. The object was to impose a restriction upon them as to the passage of any law either to admit or exclude African slavery, or of any law restricting it. The effect of that amendment will at once be seen. If the territorial legislature can pass no law with respect to African slavery, the state of the law as it exists now in the territories of Utah and New Mexico will continue to exist until the people form a constitution for themselves, when they can settle the question of slavery as they please. They will not be allowed toadmit or exclude it. They will be restrained on the one hand from its admission, and on the other from its exclusion. Sir, I shall not repeat now the expression of opinion which I have already announced to the senate as being held by me on this subject. My opinion is, that the law of Mexico, in all the variety of forms in which legislation can take place—that is to say, by the edict of a dictator, by the constitution of the people of Mexico, by the act of the legislative authority of Mexico—by all these modes of legislation, slavery has been abolished there. I am aware that some other senators entertain a different opinion; but without going into discussion of that question, which I think altogether unnecessary, I feel authorized to say that the opinion of a vast majority of the people of the United States, of a vast majority of the jurists of the United States, is in coincidence with that which I entertain; that is to say, that at this moment, by law and in fact, there is no slavery there, unless it is possible that some gentlemen from the slave states, in passing through that country, may have taken along their body slaves. In point of fact and in point of law, I entertain the opinions which I expressed at an early period of the session. Sir, we have heard since, from authority entitled to the highest respect, from no less authority than that of the delegate from New Mexico, that labor can be there obtained at the rate of three or four dollars per month; and, if it can be got at that rate, can anybody suppose that any owner of slaves would ever carry them to that country, where he could only get three or four dollars per month for them?

I believe, on this part of the subject, I have said every thing that is necessary for me to say; but their remains two or three subjects upon which I wish to say a few words before I close what I have to offer for the consideration of the senate.

The next subject upon which the committee acted was that of fugitive slaves. The committee have proposed two amendments to be offered to the bill introduced by the senator from Virginia, (Mr. Mason,) whenever the bill is taken up. The first of these amendments provides that the owner of a fugitive slave, when leaving his own state, and whenever it is practicable—for sometimes, in the hot pursuit of an immediate runaway, it may not be in the power of the master to wait to get such record, and he will always do it if it is possible—shall carry with him a record from the state from which the fugitive has fled; which record shall contain an adjudication of two facts: first, the fact of slavery, and secondly, the fact of elopement; and in the third place, such a general description of the slave as the court shall be enabled to give upon such testimony as shall be brought before it. It also provides that this record, taken from the county court, or from the court of record in the slaveholding state, shall be taken to the free state, and shall be there held to be competent and sufficient evidence of the facts which it avows. Now, sir, I heard objection made to this that it would be an inconvenience and an expense to the slaveholder. I think the expense will be very triflingto the great advantages which will result. The expenses will be only two or three dollars for the seal of the court, and the certificate and attestation of the clerk, &c. Sir, we know the just reverence and respect in which records are ever held. The slaveholder himself will feel, when he goes from Virginia to Ohio with this record, that he has got a security which he never possessed before for the recovery of his property. And when the attestation of the clerk, under the seal of the court, is exhibited to the citizen of Ohio, that citizen will be disposed to respect, and bound to respect, under the laws of the United States, a record thus exhibited, coming from a sister state. The inconvenience will be very slight, very inconsiderable, compared with the great security of the slaveholder.

Mr. Butler.—As the bill to which the senator refers has been somewhat under my care, I am sure the honorable senator will allow me to ask a question in relation to this amendment. Is it proposed that the certificate shall be from the judge, or shall be from the court, as it is termed; because I see it seems to be inferred that it must be given by a court, and a court of record, which has a technical meaning? I desire the honorable senator to inform me whether it is thus to be given by a court or by a judge at chambers?

Mr. Clay.—Mr. President, I confess I had in view the county courts of probate which prevail throughout the United States, and not the judge. But it can be so modified, if it be deemed essential to the progress of the bill.

The committee partake of the same spirit which I have endeavored to manifest throughout this whole distracted question. They are not wedded to any particular plan; and if any amendments are offered that will improve and better the bills reported, they will be accepted. I am sure that I answer for every member of the committee, with pleasure, that any amendments to aid the object we have in view will be accepted. I repeat, sir, I confess I had in view that this record should be taken from the county courts, which prevail in almost all the states, except Louisiana and South Carolina, which have their parish courts. Any one of these courts, after hearing evidence about the ownership of property and the escape of the property, could give the required record, and this would be carried to that part of the country where the parties go.

With respect to the other amendment offered by the committee to the fugitive bill, I regretted extremely to hear the senator from Arkansas object so earnestly and so seriously to it. I did not pretend to question his right, or the right of any other senator, but he will surely allow me to say, in all kindness, that of all the states in this Union, without exception, I will not except even Virginia herself, I believe that the state which suffers more than any other by the escaping of slaves from their owners, seeking refuge either in Canada, or in some of the non-slaveholding states, Kentucky is the one. I doubt very much whether the state of Arkansas ever lost a slave. They may, very possibly, once in a while, run off to the Indians,but very rarely. So of other interior states. So of Georgia and South Carolina. Sometimes, perhaps, a slave escapes from their seaports, but very rarely by land. Kentucky is the most suffering state, but I venture to anticipate for my own state that she will be satisfied with the provisions to which I am now about to call the attention of the senate.