HOLUNGER pH 8.5 MILL RUN F3-1543 E 423 .0742 Copy 1 T THE COMPROMISE BILL. SPEECH ME. DOWNS, OF LOUISIANA, IN SENATE OF THE UNITED STATES, MAY ■>:>, 1H50. ^ ^ The Senate having under consiilcrntion the oiiler of the day, to wit: the bill to admit California >is a State into the Union, to esiablisli Territorial Gov- ernments for Utah and New Mexico, and making proposals to Texas for the establishment of her western and northern boundaries — Mr. DOWNS said: I regret the course which the debate on this bill has taken from the time of the introduction on the report of the Committee of Thirteen. I have an- ticipated, from the tirst, that there would be an animated debate upon the subject which is now before the Senate; but I did not anticipate that it would come up in the manner and shape in which it has. 1 should have much preferred that the Wilmot proviso, which we all know is to be of- fered, should have been moved, and that the dis- cussion should have taken place upon the direct issue offered by that measure. 1 should have greatly preferred that the main contest should have taken place in that way, to its coming up upon issues in relation to which there seems to be so much difference of opinion among southern Senators themselves. However, sir, since these matters have come up, it is proper that I should state the views which I entertain, and the motives which have actuated me in the course I hitherto pursued in relation to them. Mr. President, when the question which is in- volved in this bill arose, some two or three years ago, it was new. Nothing of the kind had then occurred in the history of the Government of the United States. In all previous cases of acquisi- tion of territories, there was never any doubt as to the question of slavery. It was known and re- cognized that slavery did exist in them. We have now made an acquisition of territory from Mexico, in relation to which there is a doubt and a differ- ence of opinion between the different portions of the United States. The people of the South con- tend that, under the Constitution of the United States, they have the right to go to these new ter- ritories with their slaves, and they complain that the effect of the agitation which is kept un on the subject, while the question is unsettled. Is to ex- clude them from the enjoyment of that right. The sagest, most experienced, and wisest men of this country have devoted much attention to this subject. The wisest and best men of the South have devoted as much attention to it as to any other question which has ever arisen in the •ourse of our history, and, so far as I know, they have never arrived at any solution better than that •f leaving the territories in the condition, as re- spects the question of tlie existence of slavery, in which they actually are — thai question to be de- ' cided by the tribunals of the country when it I comes regularly before them. We have professed ' our willingness to abide by such decision, wheth- ; er against us or in our favor. We have in-^isted only that there should be no legislation affirming the laws of Mexico or prohibiting us from enter*- ing those territories with our slaves, leaving us to •ur rights— such as they may be under the Con- stitution of the United States or the laws of Mex- ico, as modified by it. Now, Mr. President, for the two or three years past, during which the agitation of this subject has continued, I have not known of a single j southern man who has ever insisted ufion or asked for any positive legislation in favor of slavery I in the territories or for any other plan than this. j It is true there have been some modifications pro- j posed. Some have been and some are desirous that the Missouri compromise should be applied to these territories, with an implied permission that slavery should go into a portion of the terri- tory; for the Missouri compromise, in its literal terms, does not establish slavery or recognize its existence in any portion of territory, having been applied to a territory differently situated; but generally the principle of non-intervention has been adopted and promulgated by the South, and is that in which we have almost unanimously concurred as the just and most appropria'e claim of the South, This, Mr. President, was the f^inciple with which we began in 1848, in the celebrated com- promise bill of that time. That was the only po- sition upon which we could stand to make any available opposition to the pretentions of the North. Tl\e South were willing to take it. It was not that they were entirely sati.-fied with it, or that they ought not to ask anything more; but, Mr. President, it cannot be denied that when that com- promise was defeated by the aid of some southern votes, not here, but elsewhere, there were loud and long complaints by the constituents of those members who had been instrumental in defeating it. I believe that that compromise was entirely satisfactory to the southern people. It placed us in a position to obtain security for such rights as we actually possess, and which we have not ob- tained since. What has been the consequence to us of the rejection of that compromise? What is our conditio'n now with respect to the State of Cal- ifornia? We have lost all foothcld there; and we have lost it in consequence of the fact thbt i.haf compromise was defeated. 1 ci 3 ^ u^ >rn/' ' ) ') -1 H T Now, Mr. President, what reason have we lo i Now, Mr. President, is there any reason to be- believe ihftt we shall ^ain anything in the Sbnth | IJeve that the suliject is less important now than it by defeating this compromise? We have lost by ' was then? Is there any more reason to believe just such a" course heretofore; and we shall lose i that slavery will be favorably regarded in those by it now, if we persist in it. Our principle is •; territories now than then? Do you not hear con- as true now as It was then. Time chunges not ;' tinually from New Mexico that the inhabitanta truth We are m a .mwiority. We have tit no 'j ihp re are as much oppcfeqfd to sluvejry as they havcjj lime hud so favorable.a compromi*; offered'us as ij sliovtrn themselves to l/e , an California ? Have you: this. • If we reject it, it will be utterly imp.wsible i' not seen', within the last few days, an eloquent ap- thal we shoud iver get so far again towards a fair peal from the Delegate from that Territory to hia and reasonable compromise on this siiliject The 'i constituents, advimng and urging upon them the compromise is undoubtedly less thin, in my opm- |j formation of a State constitution, and that thev ion, would be entirely just to the South; but a ' should present themselves here, forthwith, for ad- compromise IS, in its very nature, a mutual ces- I; miss-ion into the Union, after the example of Cali- Bion of supposed rights in part, in order to secure il fornia? And can you have a doubt, if they do the remainder. I supposed that every southern , organize themselves into a State, that they will member of this House would accept eo reason- ji exclude slavery by their own action.' able a compromise as this, not as the whole of |j Mr. President, there is still another part of that , what they would desire, but as the best which«(i section which makes this matter still more import- - they could hope to obtain as acomp'omise; and I \\ ant, There is a provision, as there is in all terri- cannot believe now that southern men here can j toriul bill.", that all laws passed by the territorial exert their 'iiifluence for the defeat of these meas- ji legislature shall be sent to Congress, and if disap- ,■ ures brou''ht forward under such circumstances, .j proved are null. Now, sir, does any one here and go home to their constituents without reqeiv- [j suppose that the Congress of the United States, in" severer rebuke than fell upon tliose w:ho weie ,; in its present disposition on this subject, oi in any ,! instrumenlftl in defeating the compromise of 18-18. }; disposition in w Inch il js ever likely to be, would - For myself, 1 have not placed mpdf, and do nnt ,; ever disapprove of ajiy law which might be passed : intend to place myself, in a' conililLou to meet with Jj by a Lerrii'>ridl government prohibiting slavery? r tlial rebuke. < ' Never, sir; you must begin at the foMntlationi-' Mr. President, sonie metxibers of the Senate, |, That is the only way you can over fix it. 1 can- / antl my honoiablg colleague. [iVlr. Soui-e] ttiiu)iig |_ not see why, ihe.n„ there should arise any objec- [ them' seejn to be extremely surprised with thaL|,'tion to tlii.s prpvisLon. On the contrary, so far-'/ provision of the bill now und(,r consideration, .',. from amouuiing to the Wilmot proviso, as haa- v which prohibits the uctioii of the territorial ItKi.'sIa- jj been stated, 1 Uiink iliat the omission of it would : tur<*8 upon this sul'ject of slavery. My lic>"uralile ;i be.s.ure lo Mmount tothe VViln>ot piovi.^o. • -i colleajiue was not here at that lime, (1.S:1B».) or he j, As to the first amendmejH offf red by my iViendf , waultfnot have expressed so much surprise at a .| the Senator from Mississippi, [Mr. Davis,} I waa provision which is precisely lliesameus tlia: which || not p.u ticulajrJy informed of it; still 1 would have w«La contaiobd in tht' Claytim comprnniiae bill, and ,| voted for it, and I shall vote still more cheerfully wa^ approved by every. member from the Sou' b. This i.s precisely the Kame provision, even in its, literal terms. It was thought iten a lupst import- [ antli>rovWiori for tl e safely of the South. It was thought then, as now, that the public opinion of for the amendment of the Senator frooi Maryland, [Mr. Pratt,] which has been accepted as a substi- tute for It; but to dispense with the provi.sion alto- gether I never can consent; and 1 did not suppose that there was a single man from the South who those Territories was tvgaintt the instiiution ofhwou'd not regard some such provision as indis- slavery. ^V^e have certainly abundant reason lo |j pensaule, or wiio would vote for the bill without believe now that it is .so emce the transaciions ji sniueihing of ihc kind. It is immaterial what wliich have bc-iiried in California, and aj'jg^ *-^^l ,^ tViriii of words the amendmeni is in. The great we know of what is likely to f^cpur in New Mex- j poiot i.s, ihat the legislature oi the territory shall ico. -;.i |; not have the power. i Mr. HUNTER, (interposing.) My friend from i: Uut, Mr. Pj esidbnl, in answer to tny honorable Louisiana IS mi^iiikt.n in a materid fact. It is ,; colletti,'ue, in his argument of yesterday, based on true-siri^^ial (he bill us orj^^iiullly introduceij liad j/ the. bill aa-it i.s, Iconsider that hia arjrunienl that, these J^tii'ical words It h equally true that they j- slavery iiaust have in its favor, in order to exist, weresiricken ouion amendnieiit. Instead of iheiu ;, not only a constitutional provision, bul other more ;re8l , . the W)rdt} vi,ere." nrohibii pr esiabbsh slavery. ' |i immediato guards, is not n sound one, to the ex- IVir. Pp>yN$, . J h'-|vea printed bill, which 1 j| tent to wliicli he carries il. 1 do not think that ■upposW was iiie cofiectod bill. It is, however, ;, sunh. guards aro essentially necessary. Heapeaks J^fy immMterial whether the lao^un'^e was |j of police regulations. My honorable friend stares I'ded^or not. The iJe* ii fitill materially the || thut it is necessary lo havcson\e police legulationa same". It aniounis, i. deed, lo precisely tin; smne jj in regard to rights in iilave property. Now, thir^ ' Tt^^e idrsi was there, and the idea is here, j \ ask the Senator if il is the cuatom in all species 1 dfj^ol care i\i till h'jw it is expreissed. I do tioi j of properly to have special laws to regulate the care whaJ iorqi of wor(J,s wa." triadc ii«; of to con- h righta of property, il«la»efy in the Ter- J of profierly. In some ca.seg ihure aro Sjiceial laws ritorit-p. "yhal wiiM the whole (*f il. . Uut, wlicii , applioblo to it, and in other ca.^es there are not. we warilitd to oina'ii the admission of th.n princi- j Bitt iheru are laws iji New Mexico applicabld to pie, Jfwas very nnturnl that it should (iccur lo our ,j-all oihcr species of properly, which would apply oorihJrn frl«^nd^ that they abi>uld n.^^o^ t^p,9l^tj- 1 ^ll^o to this ai^ciea. Il iiasboen stated repeatedly, band, have the power lo eautlfji^p|(|i, J^ . „.,, .,..,„,,, |1 thjdt,, after iho jatroductittii of «hivery, thcce wafl no special hw of any kind authorizing or prohibit- R the >eport c>f the committee. Now, I tHinH -P* ing it. I ask, where were the statute reKnlations [j 8j)eeche8 mode upon the subject and the report or authorizing slavery in Virginia, when the first im- \i the commiiiee huvf, noihinij to do wiih the inter- portations were made there ? I doubt very much '{ prriaii'in of this l>ill. Why, my ciillensrue says whether there were any such statutes or special j] tiiia l.ill must Ijc interpreted accordiMK to thespeech provisions in Louisiana and Florida, when slaves |, of the Senator from KeJiiucky the other day, were first introduced into them as Spanish colonies.* 1' proving the existenr^of tiie Mexican laws in these No doubt, for years after it was introduced, there \> tcrrit-uies. I should like to know why it is to be was no such provi.sion, because fiiaves wore under- i interpreted according to the Senal.or'n speech, aiiy stood to be property. And the very i[ probation of the Senate; you are told by the bpri- Mv. President, 1 think it is premature (o enter '' oiable chairman of the committee that almtDSt'all into the discussion of the merits of this bill on a ; the provisions in that report had.not the unanimtfus preliminary <]uestion, and I am sorry to see that :l concurrence df the committee; that many thiiigs it has been done. But inasmuch as it has been ■! were concurred in for different reasons; and that it . commenced— inasmuch as the welfare of thecoun- I' was a mere statement of reasons by the rriajOt-rty try, in my o()inion, requires the bill, amended, as !■ of the committee who concurred m the several I hope it will be, should pass— inasmuch as 1 do i points reported upon. It i.s^ not acted on by the not wish to have it killed prematurely, before it is " Seiare, and it has no material bearing upon the perfected, by calling it hard names, and as hard [ question. But if this were not the case— if this names have been applied to it upon some grounds |j report were mattjrial- if the law were to be Con - which 1 think are without foundation, I choose, at tt strued acc.rding to this report, I would be wrMmg this early stage of tlie proceedings, to reply to j! to base it upon that, arid to say that there is Ruffi- some of the arguments made against it. "j cient reason in that report to satif^fy the Soaih of One of ihearguments matle by my colleague and I the existence of slavery there. A mistake has others was, that although there is nothing in the ] gone abroad as to this report. We are constantly bill which amounts to the Wilmot provi.so, or a i told that the report places the exclusion of the Wil- recognition of the principle contained in the sec- ' mot proviso on the grounds which are objectioh- ond resolution of the Senator from Kentucky, yet i able to the South, and that is a reason why «re the bill itself is of such a nature that this inference j should not vote for this provision of the law. might be drawn, especially when taken in con- ,i That is a mistake. The reason given ori thissu^- nection with the speeches made on the subject, and ' ject is very brief. It isclcar, and it contains every- ■ i "thing that the South has ever contended for. GtVs *ThUopmion is corrohorafd by the artfum^nt of Senator ij us what this report contains upon this Particular . Mason, oC Virginia, on tlie Oregon bill, in 1&48. He said: |( subject, and wc will ask no more. It taKtb ex- "Tlie first negro slave that was lanrted on our shores, 'j actly the position tH« Democratic party have don- brougtit his coiuiiiion Willi tiun from lilt; i.ind of his hirtJi. j tended for which was mnintaincd by thehonorirtne "•jTh." comlilion ofslavRry is fixed in the country whence : a , f Michitran. [Mr. C^ss,! and whlch "the subject comes. It required no spenal law to cre.Ue l| »enatoi rrom '^V n ' ^ .V ,.„1 ivnnH Ti-VilHh U here, ^ seems to have fc«<>» ^upp*!c,t. The llrsr slaves in.- ;' was advocated by the South, and beyond wh th ported inia Virginia, were lamtvd froin- a Dutch ship, 1620, and were purchased by the planters. The cnaimon , law was then the law of thu colony. By that law their con- dition as property was recognized ; and under its ppi vading principle, that the iesne fiiltows the condition of the mother, (partiui seqidlwr lejiireOT,) their descendants, a.s well as Hie descendants of every subseriuent imp >rtation, have rc- maini'.d in bondiure: "There never was any statute in Vir- i^nia ereaiing slavnr)-, rtor was there any need of one to es- iabli.-h thill insniutioTi." • . ; III reply to Mr. NjLEs'singumentf ihul "when a slave is tahen tn a Siate whrre there is no such relation, he hi conies ft€i»," Mr. Mason s.iid: "Sir, I Ihiiik I have e*t.-»l»Jish(d, as a IfTral iKisilion, the ,yery opiMiMte. When the condition of the subject is that oi' bondage — whetliet it be teiiipurarv or p»rpeni.il — it is re< 03- liized bv laA- and rnf.ireed, a* a legal n:;lil ; and if it lie the ease of a slave, sufh Mnv>- In-rnniis free u hen \'ik<-i\ to a country or State, only where such sfrrviiude is fnrbiddi n or prohibited by express IochI law. ll follows, llien, that wliile Hn special, buy is retpiired to create this sprcies nC liuiid ;;i'. it does reijuire positive or special lawtodiNtioy it ; and such Jasrs have be*>i» |ml>sea hi all States where slavery has been abolished." We neTcv wish to go. i wish to call the attenllon of the Senate to this part of the report- It is V^W brief, and I believe a great deal of uniiecc^SH?y speaking has been made about it; because it i^hot suificiently separated from the sr^ntiments 6f t^e honorable chairman,- contained in hit^specch;' J_ '■The bill fir e-labli-hii.i lliv tun t.Trit.irie.... it willbe oli-erved, omits the'VViliiiet pnivl-ii On the miC hiind', sttid, on the other, maUfS im provision (i.r Ihi introdiietfO^oi slavery into any |.a»l ••! i!i- n-w i-,rMon.-. TImi, pmpwu hasbreii ihefnnirul-.-i - ' .);-■! i-'mhi and agiUtion.,Jf It wnrnad'ipt.d aiHl ,11 : . .. niiory, it would ccase to have niiv ohliiilmv i - .- r, a~ >iicM territ(«-y Were adiniltcil as a .-^tiili- mt" ili. I uion. Tlieri' •wni' oeVernny 0,111-i'in IVir it. to acequiplisb Ilie pro!e.s.sed,ot«ect, .with wl.'ieh it wasorismally offered. This ha.-; hien c%rlv dciiionstrRted liy the cm rent «'it'- events. Cwitomm, t*f Bll the recent icrrilorial aeqnwinon^^frora Mexico, vv.i^i timi'ita which, it any wliert! wilhin llien)j lUejntro .uettuii ol>la.wiry was most hkelv to lalie plrwe : »nd\he c.insljiuiii.n of Cali- fornia, liv the iinariinioiis voir of her coiivcniion. has ei- pressly interdicted it. There is the highest degree of prob- -TA n'v r ability that Utah and New Mexico will, when th.y i-oino to be admitted as States, follow th«: example. 'I'ln' pr-n i-n i>, as to all these n-eion:: in coinninn, a im ir abtT.u iini W In should it beany longer insistt'd on r Tuliill) ili -umiv . .- ii i<, of any praotieal import, il ha<, ncvi rtln l<'--^, li ul t!ii- I'-r niciniis ttPct to excite Berimi*, if nut ;ilarmiMU. ronse- ciueiK-es. It is hieti lime that tli.' wnunils ivlncli it has intliot.'rt shmild lie lioalt-d tipanil > Ifi-eil ; .iiiillliat, to avoid, in all futiir.' tini'- llie a^Mtatioiis wliirli inn^l I'C pioduerd liy the eon flic I o! opii.lon mi ilir slavery i|Uistiiin, existing, as this insiinitioh d). s. ill sihim' oI ilic Siali-.-. and prohibited, as it is. III oili. r-. tlie trii'- priiiiipir uliicli miglit to regulate the aetion of t'oiicreiis in (uriiiiiia I'-rrltorial eovtrninenL-: for each iie wly-aetpiired doniaiii, i*, to refrarn Iroin all Icsis- Jation on the sulij< «.t in the territory aiipiired, so loim as it retains tho territorial foim of •^[(•v.Tiiiiii'iit— leavin;; il to the people of suoli ti'iiiior.\, wlien' ilny Iimvi- allaiiied lo a con- dition which ciililles thriii I" aHiiii>-iiiii as a Slate, tn de- cide for iheiiisflv.-s ilu- iiUHstKni nf tin; allciwance or prohibi- tion of doniesiic >lavi rv. The coiiiinillec believe that tliey express the anxious d.-siie of an immense majority of the people of the Tnited States when they declare, that it is high time that e'lod feelings, liarmnny, and fraternal senti- ment!', should be a«ain revived ; and that the Governinent should be able once more to proceed in its great operations » pminntc the happiness and prosperity of the country, un- disturbed liy tliis distracting cause." Now, if southern men ever objectetl to this, I should like to know what their objections are. It is the very doctrine of my honorable friend from Michigan, [Mr. Cass] — the very doctrine for which all of U.S fought during; the last campaign. It is the very doctrine which we presented in all our discussions on the Clayton bill. It is all we have ever asked; and yet we are told that this report itself, even if it is not the thing itself, amounts to the second resolution of tiie honorable Senator from Kentucky. Why, sir, there are provisions in this bill of which I do not approve, and I hope they will be amended; but, as I remarked a little while ago, I hope it will not be killed by calling it hard names — by comparing it with other things to which it has no resemblance. Take up its pro- visions, and analyze them. Look at them as they have been considered here. Examine them by all the tests of reason and logic; and if you find them obnoxious, reject them; but do not kill them by crying out "mad dog." Do not compare them with things to which they have no resemblance; but take them upon their own merits. Especially is such a course out of place here, when the Senator from Kentucky has avowed that the bill contains not his provision — contains nothing which purports to be his second resolution. He has given it up, as I understand, and has yielded the point upon the views contained in the bill, and the principle adopted in the report. Th.s report in that respect has received the full approbation of every southern man upon the committee, and the phraseology of it was draughted by an able south- ern man. It is a great mistake, then, to suppose i that there is anything in the report that is injuri- ous or objectionable to the South on this [>oint. ' If that report had taken the ground that the Wil- mot proviso was constitutional, or any other nr- gument of the kind, sucn objections might be raised; or if the concluding part of the Kenience had not been incorporated, where it is exjiressly said, in so many words, that no interference shall take plucf; until the State comca to be admitted into tne Union. Mr. President, the riuestion is frequently asked, what docs the South gain by this compromise r I - think, sir, they gain a great deal. It would not be ' a compromise if we were to gel everything we nsk for. We ought not tr» ex|pect that. I wish 1 very much to have that portion of the bill amend- ed, and I hope it will be amended, which gives to Citlifornia the whole of the boundary which ia einbraofd in her constitution. I think there is no rea.'^on for it as it is. I think all the reasons which apply in favor of her admission as a State do not require that we should extend her limits so far. I shall not enter into the discussion now of this point; at a future stage of these proceedings 1 may deem it my duty to do so. But take the bill as it now stands, and I can still see a great deal favor- able to the South. What have we been contend- ing for in this controversy .' Against the |)roliibi- tion of the Wilmdt proviso. Is this in the bill.' We are told that a provision against slavery has already been applied to California, and that, if we sanction and admit that, we give up our principle. It is true that such a provision has been applied, but not in the way we have been fighting against — not by the Congress of the United States. We have never taken the ground that a State cannot form its own constitution. 1 think that the South has been unfairly dealt with in this maiter. I think it is an Executive proviso which has been applied there — a proviso in consequence of the non-action of Congress — but still it is not, I con- tend, a violation of any principle upon which we ever stood. But, sir, look at the balance of this territory. I California, though it embraces a very large and ,{ valuable portion of this territory acquired from 1 Mexico, is not all of it by any means. It is no ij more, perhaps, than one-fourth or one-third of the j whole. It is true, it is said that it is the most 'i valuable part. It may be so. It is not certain .' that it is so. There are some reasons to be- ; lieve it, but there may be great mistakes upon this subject. There is one matter which has been 1 referred to by the Senator from Virginia, con- I tained in the report of Mr. King,*which has also been referred to by my friend from Mississippi, i [Mr. Davis,] as going to show that it is a mis- take to infer this territory of Utah is sterile and ' of no value. We are told that on the Colorado ■ there are indications of fertility — that on the Gila , there resides a tribe of Indians, living in a state of comfort and partial civilization, superior to any savages on the continent, and that they have an • ample country to sustain them. This much we are told, Mr. President, in regard to that valley, of which we know scarcely anything, which is wa- tered by the Colorado. There may be valuable lands there, though we know but little about them. As for New Mexico, we are wanting in informa- I tion there, also. The settleis there have been en- " croached upon by the Indians. Many mines have been abandoned in consequence; but there are some facts which lead us to believe that it may be more valuable than we have supposed. If that country is so sterile and barren as it is represented to be, and there are no valuable precious metals in it, how did it happen that some two hundred years ' ago, situated as it is in the very centre of this great continent, it was colonized in advance of Califor- nia, which i.i on the sea-coast, and which ought to have attracted attention so much sooner.' 1 con- sider that effects of that kind are not produced i without causes. There must be found some cause for the earlier settlement of this country. Again, sir, if this is a sterile country, why is it that the [iriiifiple trade with Mexico has for years traveled over deserts and amon, Indian tnbes |] - -.^.S^e^irZ^c^ir ^S^S^ o'ZT^- from Missouri, to this part oftheMexican territory? j^„„^„ escaping lo be iimde, and a iran-cripi of ihit.duly Perhaps the most valuable trade (hi'y haveever had •* [uiilientlcaiftl hy the sign.iiurn of the cleik and s.-al of the there was the gold and silver which these caravans brought from Mexico, from this barren country. True, many of the mines arc not now known to be worked — are not now occupied. Their re- sources are very little now; but it may turn out, and 1 believe in all probability it will turn out, when American settlers have driven back tliusc In- dian tribes to their fastnesses, and open these mines, ihat they will be found to be of great value. But whether they are, or not, we have got a prin- ciple applied to the Territories, which are three times as large as California — a [irinciple for which we have always contended, and, whatever other men may think, one which I consider of great im- portance. Mr. President, there is another principle of the compromise which has been assailed. It is that with regard to the fugitive slave bill. Very much _ ., 111! lull and cronchirtlvi! Why, we are told that instead of lessenina; the difficulties of recapturing fugitive slaves, it will increase them. It will not bear that con- struction. But if it does, like every other pro- vision of the bill, it can be amended. But, as it now stands, it is not -subject to the objections which are presented. What is it.' It provides, that, in order to obviate the difficulties in making proof in the State to which the slave may escape, before the owner goes, he mny go before some court, and take a copy of the record, which shall be considered evidence of his right to this property in him, and, upon presenting such other testimony as may be necessary, he shall have a right to take !iis slave home with him. There is probably a diflference of opinion as to the true construction of this clau.se. Perhaps the honorable chairman of the committee gives a dif- ferent construction from what I would give. My construction is only that it is a cumulative remedy to aid us in the use of our rights — that it affords us additional evidence, and takes nothing away that we now have. Mr. CLAY. Will the honorable Senator allow me to say that I concur entirely with him in the construction he has put upon it" to my surprise, my honorable colleague, in dis- ; honest men enueavor lo ^eca,nur. m... . ^..= , cussing this pan of the subject, seemed to think and if it is so, I ask ^'hat f jeclmns an lu.nest that th"e committee had taken that subject up as if man can have to give a bond for '/ '"a' ^ .^ '^y ' injustice had been done to the North and not to there are stronger objections o >'f '^w^ «//'07'.^ .J ~ . - ? ... of the slave States, which protect the slave in his effort to regain his freedom, by taking him out of the power of his master, who is compelled to give bond or other guarantee lo secure him in his pur- suit. We of the South have complaints enough : to make, that are well founded; and I hope that 1 we will never make any other. It only weakens I the force of these we have. Let it be known that i we are a liberal people, without prejudice, and we look at things as they really are. If we do other- ] wise, our northern friends will say nothing rea- sonable will satisfy u.s. But, Mr. President, that provision about fugitive slaves, and about the District of Columbia, is no part of this bill, and 'does not properly come up here for discussion. But I allude to it now merely to prove that the objections that are raised are without foundation. But suppose that I am wrong in all these ques- tions—that this bill is objectionable. I admit that it is objectionable in some of its features— that it is not as good as we could wish. I admit that, loo. But before southern men can reject this, they ought to see what better they can do. Why, my honor- able friend the other day said, that if we adopt ihis section it admits the idea that Congress has a right to interfere with slavery in the territories; which I do not think, because the action of Congress on this subject, and the action of territorial legisla- tures authorized by Congress, may be very differ- ent. As I understand, it has been laid down that, in ordinary cases, Congress has no right to legislate for the territories. She, however, may regulate a power in the initiative State which she could not exercise directly herself. , But my honorable colleague tells us that if we It may be neces- J ^^^■^ provision as it is, the next day perhape .h«r wp .hr,ns not the .case — if this sirange and unaccountable doctrine of the Administration to leave the territories to shift for themftelvea— this doctrine which was conimenled upon so ably by the Senator from Kentucky on ye^t^rday— itth'is should be adopted, what can we expect from it? Do we not antici- pate already— are we not looking every day for a constiiuiion to come from New" Mexico, already cut and dried, prohibiting slavery? Do you not know that the Administration will use all their power to bring this about? Did you not see the appeal of the Delegate from that Territory, which was laid upon your table, to that eOect ? I would ask the genileman— I would ask all who oppose this bill— whether that state of things is preferable 10 the one that would exist if this bill pass? 1 think, then, Mr. President, there is something jn ihis bill; I think there is a great deal in it. 1 think, with some modifications which I hope to see made, that it is a fair and honorable compro- mise — one jn which the South give up no princi- ple—one in which they sacrifice nothing which Ihey have contended for heretofore. True, sir, they have been unfortunate in that part of it in re- lation to California; but that is not the larger part of the territory; and if that were larger, they have the proud eaiisftction of knowing they have yielded no principle. Well, Mr. President, ought we not to make some sacrifice to settle this ques- tion ? Is this constant warfare of the North against the South, and the South against the North, a desirable state of things ? Is it to be persisted in, and favored for a day, when it can be stopped r Does it not lead to dangers on every aide.' Or is it not the interest of every man to stop n as soon as possible? I shall not be ac- cused, Mr. President, of not standing up for and defending the rights of the South as warmly as any one. I have done it heretofoi-e; I shall do it again. I have as many motives for doino- so as most other men. But 1 would like to know what ground I stand upon. If the Wilmot proviso is adopted, I know that we have a principle to stand upon. I know that we have an issue. I was struck, sir, the other day, with a very remarkable sentence m one of the able letters addressed to the honorable Senator from Mississippi, [Mr. FooTE,J upon this subject by a distinguished South Carolinian. Hesaysthat, in reviewing this C|ue8iion, lor his own part— and I suppose that is the feeling of a good many of that honored Slate of South Carolina — he would prefer an issue, if he could get a good one; hut that this compro- mise would give no such issue. I should like to have a good issue, too, if we must have a contest. ■We could fight better, with more credit and satis- faction to ourselves, with a good issue thon if we have none, or a bad one. He, therefore, con- cludes, wisely, I think, that the South had bet- ter take the compifomise than resist on such an wfli/e. I hope, sir, if this question is settled, that we may have no need of an issue hereafter- at Ur.vn tor many years to come. As yon were told yesterday by the honorable Senator from Ken- tacky, [Mr. CiAV,] with regard to the Mi.^souri impaitially. They see the whole question before them. Why, sir, we are so much worried here in the business, that even things transpire here un Di'-trlct (if Coliiniliia, when fhe has long Hinco nbulihhrd it In liiT own IxirdcrH. Indeed, this ought to have b"t-n a sdnlhirn inraHuri', in order to ni;ike the liiw< rehiiettinijMla- very ill Ihn Diiilriei contoriu to the common pnlicy ol ike i«l,ivr .Otitis of the Hiiine tiilKudi'. VVIial liiut been found Eiiiid iiolicy for the slave StateH geneially In equally good for the niiliirt of Columbia, one would sup(ii>Be. " VVft cannot now abandon the position of the Democratic parly in IMH. It i» ac good now dh it wan then. It wai« a matter of principle then— it ix so kiIII. We believe it bc- ineH to the people of a terrilnry to deiermine ihiir own do- Hijite RoviTn- inenlH ; and we do not biilieve in (lie ri^ilit or the i-^pediency of CongreHB undertaking to Hhupu tliene iiiiwnny ■ Caw at the laiil pireKidrn- support from ttn-aH bilbi.'U They are frmiii'd iipom iIm' very l'risi> advocated thijoughomjir the canvass bv the whole Dcniccralic parly. ,^ We are confiitenl ilif se billM will pass in ihi- end. They ostroncly to the good sense of all' 11 ih> re i.-» any doiiOt, let the ni.i.'v. We ^re confi..,' , I lliat an ovcrv.hr Inline luajorilv uill suslaiii the c— that is li niittrr's report. It is mit_j^tic nieri;j:rjj<^oi tMrib M.jaiJtuJ-1 a stroiig reason jsthy-il sho«ld--sirpwpr4fF^^he-M •T+^m'h'>.^i»-r-fltf-r^ ;inm natureoftt was pretty well ktiown bdbre the Cbm- --«r;f^-^^^^^ nfiittee acted ; it is generally known now, and we ,! pr,„„js,p. n is a national endorsement of the soundness of have a response about which there is no doubt. ij the poilcv of ihe Democratic party, propo.sed at the start Well, sir, in tny'own State, I have looked at | and advoc.-ned up to this time with uncommon unanimity." every paper, and have not seen a single one to op- I Mr. President, 1 have but a word more to say. pose it. 1 have seen a good many respectable in- ;[ I have given some of the rea.'^ons already why I dividuals of that State; 1 have received many jj thought this measure, ariiended, as I hope it will letters; and neither in person nor letter have •Jerour own eyes, that wc have less knowledge of :han those at home, or wc would have, if wc were chere. Now, sir, [ have infinitely less knowlcilgc of the public affairs at Washington than I could nave at home. I there consulted the papers, saw- all that was worth reading in the speeches of Con- gress, saw all these matters, and formed a deliber- ate opinion; but now lam so much pressed for ll Deinf)crai who sustained Oen cirrie, have so much business to attend to, and so {| •'"' '^'''<=''*"' '"" wniihoid i much excitement am 1 kept in, thatl cannotde'!, m'ri'i' ihat.lhere t.-- an unequivocal expression of opinion known a single individual. Whig or Democrat, ;hat says Louisiana will not accept this proposi- :ion. To show that I am not mistaken upon this sub- ject, 1 will ask the Secretary to read two extracts- one taken from a leading Democratic paper in the be, shniild not be hastily rejected by members from the South. 1 will now most earnestly appeal to my Democratic friends from the South on the subject. One great difficulty which we have always had to contend asainst, upon this question, has been division. If we haJ always stood united to a man in the South — both parties, Whigs and The Secretary read the extracts, as follows From the N O. Courier. — " If, then, this vexed question ■je amicably settled, and peace and harmony restored to the oouiitrVj no thanks will be due to General Taylor and the galaxy of talents in his Cabinet. The principles of the com- promise proposed by the committee are precisely those set forth by Getieral Cass in speeches and letters before the last presidential election; they are precisely identical — non-in- terference in any case with the wishes of the people of a territory respecting the toleration or prohibition of slavery. Congress have nothing to do with the business ; let the peo- ple frame the constitution to suit themselves ; let (hem have slavery or not .is pleases them best. " This is the plan of Cuss and common sense, but not of General Taylor." From ihe Louiiville Democrat.— " The Rt:eoRT of the COMMITTKE of THIRTEEN —The bills repurted by this com mittec are just about what we expected, and we he!it-ve they are the best that can pas* Congress, either now or hereaaer. They are not what will suit either North or South, but what four-flftha of both sections of the Union will State of Louisiana, (the Louisiana Courier,) and ,j Democrats— if general politics had never been in- rhe other from a Democratic paper in Kentucky. | troduced on this subject, there never would have ~" ~ " ■ " "■ been this difficulty in Eetiiing this vexed, danger- I ous, and sectional que.-^tion of slavery. But for 1 the mixing ofgfneral politics on this question, the compromise of 1848 would have passed. I It is only on particular conjunctures that this question can be settled satisfactorily to the South. [ I believe that v/e are now in one of these conjunc- j tures. We of the South have had great difficultiea to contend with on this matter. We are in a mi- nority. It is only uiuler particular circumstances we can succeed in securing our rights. The times [ are now propitious. The Administration, which opposes us, and which if strong could defeat us, is now weak and wavering. The Whigs of the I South are with us. We have some powerful sup- j port which we have no right to expect under other II circumstances. Our Democratic fiiends from the North and West are with us now. All we need, then, is the perfect union of the Democrats of the South that have never separated before. Shall we not have it, then.' Who shall prevent? Who shall take tliai awful responsibility.' Who shall defeat our last chance of success.' I shall most as- suredly not, for one. acquiesce in. I " It is the interest of the southern Slates to take this coin- | promise, rather than protract the discussion, in hopes of I •nything better. Tlie South can support the bills reported by the commitlee without any sacrifice of principle, and one great point for the peace and 'security of the Union will he gained. It will he settled that the power of (.^ingress is not | to be employed on the subjr.c of slavery anywhere, except, oerhaps, in the District of Columbia; and the provision.i oii ! 8 Yes, sir, I repeat it — for I wish to impress it on my Democratic friends from the South — we have our Whig friends from the South perfectly united with us on this subject. We have strong support from quarters from which we have no right to ex- pect such support in ordinary times, and Ihey have declared that, if we fail in this, they can go with us no longer. Then, sir, once dissolve the charm of this compromise, once discard this measure, once dissolve the lies whiih now exist between men of all parties and of all creeds, and you lose the best chance the South will perhaps ever have of settling this question fairly and honorably, and without blood, i believe now that a conjunc- ture of circumstances exists which will never exist again. And mark what I tell you: Let this oppor- tunity pass, and the South are left in the minority — a hopeless, a helpless, an unavailing minority. We have now a chance which will never occur again. Let us not, then, pause; let u.s not hesitate; let us talk together like brethren and friends. If there is anything in these bills which we do not like, let us endeavor to amend them; let us perfect them as far as we may be able; let us do the best we can, in a spirit of mutual kindness, concession, and compromise. But let us not set ourselves up to control the opinions and feelings of others; let us not attempt to dictate measures to the majority, being as we are, in a minority. I hope, then, that our southern Democratic friends especially, will, (all of them, pause long before voting against this measure. 1 know that they are anxious to have some amendments, which I hope will be made: but 1 ask them, I earnestly entreat them, to ]iause before they commit themselves irrevocably. I do not think, indeed that it is the province of wise statesmen to plunge in the dark. 1 do not ask this. I am a southern man in all things. Anx- , ious as I am to go for this measure — desirous as I unquestionably am to give the South all her just rights — yet, if a better plan can be presented, 1 will vote for it. But I do not intend to leap in ! the dark, or to be responsible for the course of events which time may develop, but which 1 can- not see, and from which lean hope no good. I hope, then, sir, th:ii these dift'ercnces of opinion, which I do not understand to be very material, I will not be carried to extremes, but that there may be a general feeling of concord and harmony among all those who have the interests of the South at heart. There are other reasons, of a most import- j ant kind, which 1 might urge, but I will not dwell upon them now. I may have occasion to i advert to them as this measure progresses. But ! I do again express my earnest hope that our southern friends will not differ on matters of mi- i nor importance, but that they will concentrate all j their energies to effect a settlement of those agi- . tating questions in which the interests of every ! section of the Union are so deeply involved. Primed at ibe Conare^BiKiial Globe Office. LIBRftRY OF CONGRESS I 011 898 116 9 • LIBRARY OF CONGRESS 0011 898 116 9 §