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 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 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 line eastwardly,

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 interfere with 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 thrilling observations 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.

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. · 第 234 / 250 题