CHAPTER CLXXIV.

OREGON TERRITORIAL GOVERNMENT: ANTI-SLAVERY ORDINANCE OF 1787

APPLIED TO OREGON TERRITORY: MISSOURI COMPROMISE LINE OF 1820, AND

THE TEXAS ANNEXATION RENEWAL OF IT IN 1845, AFFIRMED.

It was on the bill for the establishment of the Oregon territorial

government that Mr. Calhoun first made trial of his new doctrine of,

"No power in Congress to abolish slavery in territories;" which,

so far from maintaining, led to the affirmation of the contrary

doctrine, and to the discovery of his own, early as well as late

support, of what he now condemned as a breach of the constitution,

and justifiable cause for a separation of the slave from the free

States. For it was on this occasion that Senator Dix, of New York,

produced the ample proofs that Mr. Calhoun, as a member of Mr.

Monroe's cabinet, supported the constitutionality of the Missouri

compromise at the time it was made; and his own avowals eighteen

years afterwards proved the same thing--all to be confirmed by

subsequent authentic acts. On the motion of Mr. Hale, in the Senate,

the bill (which had come up from the House without any provision on

the subject of slavery) was amended so as to extend the principle

of the anti-slavery clause of the ordinance of '87 to the bill. Mr.

Douglass moved to amend by inserting a provision for the extension

of the Missouri compromise line to the Pacific Ocean. His proposed

amendment was specific, and intended to be permanent, and to apply

to the organization of all future territories established in the

West. It was in these words:

"That the line of thirty-six degrees and thirty minutes of north

latitude, known as the Missouri compromise line, as defined

by the eighth section of an act entitled 'An act to authorize

the people of the Missouri territory to form a constitution

and State government, and for the admission of such State into

the Union on an equal footing with the original States, and

to prohibit slavery in certain territories, approved March 6,

1820,' be, and the same is hereby, declared to extend to the

Pacific Ocean; and the said eighth section, together with the

compromise therein effected, is hereby revived, and declared to

be in full force and binding, for the future organization of the

territories of the United States, in the same sense, and with

the same understanding, with which it was originally adopted."

The yeas and nays were demanded on the adoption of this amendment,

and resulted, 33 for it, 22 against it. They were:

"YEAS--Messrs. Atchison, Badger, Bell, Benton, Berrien, Borland,

Bright, Butler, Calhoun, Cameron, Davis of Mississippi,

Dickinson, Douglass, Downs, Fitzgerald, Foote, Hannegan,

Houston, Hunter, Johnson of Maryland, Johnson of Louisiana,

Johnson of Georgia, King, Lewis, Mangum, Mason, Metcalfe,

Pearce, Sebastian, Spruance, Sturgeon, Turney, Underwood.

"NAYS--Messrs. Allen, Atherton, Baldwin, Bradbury, Breese,

Clark, Corwin, Davis of Massachusetts, Dayton, Dix, Dodge,

Felch, Greene, Hale, Hamlin, Miller, Niles, Phelps, Upham,

Walker, Webster."

The vote here given by Mr. Calhoun was in contradiction to his new

doctrine, and excused upon some subtle distinction between a vote

for an amendment, and a bill, and upon a reserved intent to vote

against the bill itself if adopted. Considering that his objections

to the matter of the amendment were constitutional and not

expedient, and that the votes of others might pass the bill with the

clause in it without his help, it is impossible to see the validity

of the distinction with which he satisfied himself. His language

was that, "though he had voted for the introduction of the Missouri

compromise, he could not vote for the bill which he regarded as

artificial." Eventually the bill passed through both Houses with

the anti-slavery principle of the ordinance embraced in it; whereat

Mr. Calhoun became greatly excited, and assuming to act upon the

new doctrine that he had laid down, that the exclusion of slavery

from any territory was a subversion of the Union, openly proclaimed

the strife between the North and the South to be ended, and the

separation of the States accomplished; called upon the South to do

her duty to herself, and denounced every Southern representative who

would not follow the same course that he did. He exclaimed:

"The great strife between the North and the South is ended. The

North is determined to exclude the property of the slaveholder,

and of course the slaveholder himself, from its territory.

On this point there seems to be no division in the North. In

the South, he regretted to say, there was some division of

sentiment. The effect of this determination of the North was

to convert all the Southern population into slaves; and he

would never consent to entail that disgrace on his posterity.

He denounced any Southern man who would not take the same

course. Gentlemen were greatly mistaken if they supposed the

presidential question in the South would override this more

important one. The separation of the North and the South is

completed. The South has now a most solemn obligation to

perform--to herself--to the constitution--to the Union. She is

bound to come to a decision not to permit this to go on any

further, but to show that, dearly as she prizes the Union, there

are questions which she regards as of greater importance than

the Union. She is bound to fulfil her obligations as she may

best understand them. This is not a question of territorial

government, but a question involving the continuance of the

Union. Perhaps it was better that this question should come to

an end, in order that some new point should be taken."

This was an open invocation to disunion, and from that time forth

the efforts were regular to obtain a meeting of the members from

the slave States, to unite in a call for a convention of the slave

States to redress themselves. Mr. Benton and General Houston, who

had supported the Oregon bill, were denounced by name by Mr.

Calhoun after his return to South Carolina, "as traitors to the

South:" a denunciation which they took for a distinction; as, what

he called treason to the South, they knew to be allegiance to the

Union. The President, in approving the Oregon bill, embraced the

opportunity to send in a special message on the slavery agitation,

in which he showed the danger to the Union from the progress of that

agitation, and the necessity of adhering to the principles of the

ordinance of 1787--the terms of the Missouri compromise of 1820--and

the Texas compromise (as he well termed it) of 1845, as the means of

averting the danger. These are his warnings:

"The fathers of the constitution--the wise and patriotic men

who laid the foundation of our institutions--foreseeing the

danger from this quarter, acted in a spirit of compromise and

mutual concession on this dangerous and delicate subject; and

their wisdom ought to be the guide of their successors. Whilst

they left to the States exclusively the question of domestic

slavery within their respective limits, they provided that

slaves, who might escape into other States not recognizing the

institution of slavery, shall 'be delivered up on the claim

of the party to whom such service or labor may be due.' Upon

this foundation the matter rested until the Missouri question

arose. In December, 1819, application was made to Congress by

the people of the Missouri territory for admission into the

Union as a State. The discussion upon the subject in Congress

involved the question of slavery, and was prosecuted with such

violence as to produce excitements alarming to every patriot in

the Union. But the good genius of conciliation which presided

at the birth of our institutions finally prevailed, and the

Missouri compromise was adopted. This compromise had the

effect of calming the troubled waves, and restoring peace and

good-will throughout the States of the Union. I do not doubt

that a similar adjustment of the questions which now agitate

the public mind would produce the same happy results. If the

legislation of Congress on the subject of the other territories

shall not be adopted in a spirit of conciliation and compromise,

it is impossible that the country can be satisfied, or that the

most disastrous consequences shall fail to ensue. When Texas

was admitted into our Union, the same spirit of compromise

which guided our predecessors in the admission of Missouri,

a quarter of a century before, prevailed without any serious

opposition. The 'joint-resolution for annexing Texas to the

United States,' approved March the first, one thousand eight

hundred and forty-five, provides that 'such States as may be

formed out of that portion of said territory lying south of

thirty-six degrees thirty minutes north latitude, commonly

known as the Missouri compromise line, shall be admitted into

the Union with or without slavery, as the people of each State

asking admission may desire. And in such State or States as

shall be formed out of said territory north of the Missouri

compromise line, slavery or involuntary servitude (except for

crime) shall be prohibited. The territory of Oregon lies far

north of thirty-six degrees thirty minutes, the Missouri and

Texas compromise line. Its southern boundary is the parallel

of forty-two, leaving the intermediate distance to be three

hundred and thirty geographical miles. And it is because the

provisions of this bill are not inconsistent with the terms of

the Missouri compromise, if extended from the Rio Grande to the

Pacific Ocean, that I have not felt at liberty to withhold my

sanction. Had it embraced territories south of that compromise,

the question presented for my consideration would have been

of a far different character, and my action upon it must have

corresponded with my convictions.

"Ought we now to disturb the Missouri and Texas compromises?

Ought we at this late day, in attempting to annul what has been

so long established and acquiesced in, to excite sectional

divisions and jealousies; to alienate the people of different

portions of the Union from each other; and to endanger the

existence of the Union itself?"

To the momentous appeals with which this extract concludes, a

terrible answer has just been given. To the question--Will you annul

these compromises, and excite jealousies and divisions, sectional

alienations, and endanger the existence of this Union? the dreadful

answer has been given--WE WILL! And in recording that answer,

History performs her sacred duty in pointing to its authors as the

authors of the state of things which now alarms and afflicts the

country, and threatens the calamity which President Polk foresaw and

deprecated.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 175 / 202 章