[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.