HOLUNGER pH8.5 MILL RUN F3-1543 NEBRASKA AND KANSAS. SPEECH OP v^ HON. JOHN BELT. OF TENNESSEE, IN THE SENATE OF THE UNITED STATES, MARCH 3, 1Sj4, On the bill to establish the J^ebraska and Kansas Territories, and to repeal the Missouri Compromise. The Senate having under consideration the bill to organize the Terrilorits of Nebraska and Kansas — j Mr. BELL said: i Mr. Fuesident: I feel g;reatly embarrassed in undertaking to address the Senate at this lime, Carticulariy since the sentiment of the body has een bo decidedly expressed, not only in regard to the feature which is considered the most im- portant in the bill, but in regard to every other to which I propose to address my remarks. I regret, sir, that 1 feel under any necessity to trespass at all upon the attention of the Senate • upon this subject; and particularly when I ob- ' serve the solicitude of the friends of the bill for , its immediate passage. But the relations in which i I stand to this measure, I think, forbid me to for- bear. My own self-respect would forbid that I should forbear, however painful it may be to me to express any views in opposition to a measure which seems to commend itself to the almost i unanimous approval and support of my southern friends. Mr. President, no one in this body knows better ' than yourself the fact that I took decided grounds ; in opposition to the Nebraska bill at the last session ) of Congress. I opposed it with the greatest earn- '. estness. That bill contained no provision for the ; repeal of the Missouri compromise in any form or shape whatever. I wish to state now tlint I did not advise the introduction of that feature into the bill of this session. It so happened that I , was absent from the city when this bill was first : reported from the Committee on Territories, of which I was a member; but I was present when the amendment to the original bill, containing a , provision for the virtual repeal of the Missouri i compromise, was under consideration in the com- ! iiiiltee. It was the first time that the bill of this .. session in any shape fell under my notice. | The first notice I had that the repeal of the Mis- souri compromise was in contemplation by any one, was the introduction of the bill for that pur- pose by my friend from Kentucky, [Mr. Dixo.v;] j I not, as I was informed, that my friend meant to as- sume the responaibiliiy of originating such a prop- ; osition, but to make the object e.xplicit and une- I quivocal, which seemed to "be implied in one pro- ' vision of the bill as first reported. The honorable chairman of the Committee on Territories [Mr. Douglas] knows that I had barely time, when this bill was first brought to my notice in commit- ' tee, to glance over its provisions. I saw that the objections I had urged to the Nebraska bill of the last session of Congress would apply to the measure then before the committee; and my im- I pressions against the expediency of introducing any clause affecting the Missouri Compromise I were strong; but as I had not considered the prop- osition in all its aspects,! agreed that theamend- j ment might be reported; but as the honorable chairman of the committee will do me the justice ! to admit, I did so. with the express reservation I of the privilege of opposing the passage of the bill, if, upon a careful examination of the subject, I ; should feel it my duty to do so. [Mr. Douglas : bowed his assent to the correctness of the suite- I ment] The question of the repeal of the Missouri com- ' promise being thus fairly presented for considera- tion to the Senate; finding, upon inquiry, that the general sentiment of southern Senators was favor- al)leto the measure, brought forward, as it seemed to be, with the concurrence of a large number of northern gentlemen; approving, as I did, the prin- ciple of the compromise acts of 1850, and not wishing to separate myself from my friends, I resolved to take no step in opposition until I should have full time to consider the subject in all itj bearings, and be able to supply the deficiencies of my own judgment and experience from the lighu which might be shed by others on the suiiject, in the discussion. I have accordingly voted uni- formly with my southern friends, on all ques- tions of amendment, without any particular ex- amination on my part as to their wisdom or pro- priety, and leaving it to them to perfect the bill m any way they thought expedient and proper. I have listened with profound interest and atten- tion to all that has been said in debate on both sides of the question. I have sought to be en- lightened, in the private conferences of the friends of the bill, and have given the subject the most serious reflection, to see if I could discover any- sufficient grounds or reasons to overrule the ob- jections which had presented themselves to my mind, in favor of the course of my friends from the South. I make this statement, not that I suppose any views which I may now be able to present upon this subject will have any greater weight with the Senate, but to explain my silence i during the preceding discussions. I I now proceed to consider the provisions of this bill which appear to me to present the most serious and important objections. i My hrst objection to the Nebraslca bill of the < last session of Congress was, that there was no | necessity for the measure; that it was a novelty in the legislation of this country; that as far back j as I remembered it was an anomally in the practice of the Government to propose to organize territo- ! rial governments over a large extent of territory in which there were no white inhabitants. I mean no white inhabitants except those who were the officials of the Government, soldiers, missionaries, or licensed traders; no white population to demand the protection and security of a territorial govern- ment. On looking over the report of the Commis- sioner of Indian Affairs, I find the statement, that as late as October last, there were but three white men in the whole of that vast territory, ex- cept the class already alluded to. There may be four or five hundred, or more, now, for anything that 1 know; but I still think and maintain that this measure is uncalled for at this time. The answer given to that ol>jection at the last session — and I mean to deal fairly with the whole argument, so far as I have time to do it — by the honorable chairman of the Committee on Ter- ritories, was, that it -was important to invite settlements upon the great line of emigration from tlie western boundary of the States to Califor- nia and Oregon. I admit there was some force in this; but still I did not see that it was so import- ant as to amount to a necessity, or the case so urgent as to justify a departure from the long established policy of the Government, by organiz- ing territorial governments in advance of settle- ments, and particularly before the numerous wild Indian tribes inhabiting the country were recon- ciled to the measure by treaties, and a proper disposition was made of those emigrant tribes which held a portion of the country under the most solemn assurances on the part of the Government that they should never be exposed to the pressure of a white population. My second objection to the Nebraska bill of the last session was, that it proposed to organize a territorial government, and to throw open for settlement the whole extent of the country lying vrest of Missouri and Iowa, which is now Indian territory, guarded and- protected against the in- trusion of a white population by a statute of thirty sections, besides the faith of treaties applicable to numerous emigrant tribes; thus bringing an unnecessary pressure upon the wild Indian tribes, and tending to drive them to desperation, by the destruction of the principal source of their subsist- ence, the buffalo, which, you know, sir, will disap- pear upon the first clear crack of the frontier rifle, and the ominous appearance of the settler in the neighborhood of their haunts. I objected furtlier, sir, that in addition to the Indian hostilities likely to be provoked by encour- aging settlements, at irregular and distant inter- vals, over such an extent of territory now inhab- ited by wild Indians, the measure evidently con- templated the exhaustion of all the most desirable portions of the public domain in a few years, leaving no residuum to invite the enterprise or to furnish cheap homes to the young men and young families of the next generation. I held such a policy unwise, unstatesmanlike, and essentially selfish in the present generation. I was of the opinion that there was no necessity arising from a crowdecj_ population in the frontier States, or from any deficiency of good unappropriated lands in those States, to justify a measure which pro- poses to throw open so large an extent of new country for settlement. I contended that the population in the border States was yet small and sparse, and that there was within their limits an abundant supply of good lands, inviting settlement and cultivation — both by native citizens and foreign emigrants. Two years ago, I objected to the treaty for the pur- chase of the territory which belonged to the Sioux Indians, in the Territory of Minnesota, upon the ground that it would open a vast wilderness for detached and irregular settlement, when there was no adequate necessity for the measure; and I showed, if I remember aright, that there were then about one hundred and twenty millions of acres of good land surveyed and open to entry and settlement in the adjoining States, after de- ducting from ten to twenty per cent, for lands unfit for cultivation. Nevertheless that treaty, costing the Government some five millions of dollars, was ratified by the Senate; and an additional supply of between twenty-five and thirty millions of acres of land was thus provided for new settlements; and notwithstanding the late increase in the sale arul settlement of the public lands in the northwest, we may safely conclude that, at this moment these are not less than one hundred millions of acres, not of indifferent lands, but of good cultivable lands, still remaining to be taken up and occupied by emigrants, in the same section of the country. Now, under such circumstances as these, it does seem to me, Mr. President, that before a final vote is taken upon this bill, it is incumbent upon the honorable Chairman of the Committtee on Terri- tories, to show that there is a deficiency in the sup- ply of good and rich lands bordering upon the two Territories proposed to be established by this bill; and to furnish us with some evidence that there is a necessity for this measure arising from the pres- sure of the population in the border Stales. Where is the population that demands such a policy? Is it in Iowa, in Missouri, Wisconsin, or Minnesota.' Where are those accumulated masses of people rolled up by that tide of emigration, native aad foreign, of which we hear so much? I desire the Senator, if he pleases, to point to them. I have no doubt there is an eager and laudable desire, among all the settlers in the frontier States, to better their condition by the acquisition of more land in local- ities offering greater advantages than any within their reach in the States they now reside in. Some hundreds of indigent families in the border States, doubtless, would be greatly benefited by acquiring cheap Innds by right of preemption, or ns a donation under the provisions of ilie honieHteiul i)iil, if itHhiill become a law; and tiiey are now no doubt highly excited l)y the pros|iect held out to tliem by the pendency of the measure before the Senjite. Sir, this passion for the acnuisition of land belonp to the Anjjlo-Snxon stock, as we know; and I feel no disposition to censure or attach discredit to it, as it now exists on the fioniier. I'ut, ufler all, what proportion do these frontier citizens bear to the thousands of landless heads of families in the Atlantic States, aiul those on the western slope of the Alle^hanies, who have no chance or means of enterinij into an equal competition for the acquisi- tion of these lands. ', Again, I think the honorable Chairman of the Committee on Territories ou<;ht to present to the Senate some rational and practicable scheme for the {government and control of those numerous and wild tribes of Indians in the interior of the conti- nent; for the Territories contemplated by this bill extend into regions unknown and unexplored by . the frontier settlers. What will he do with the Great Blackfeet and other wild trilies behind the Black Hills? Then, in addition to these, there are the twenty or thirty thousand belongins; to the roving bands south of the Missouri. What will he do" with them ? What additional military force will be needed? What new military po.sts will be required ? and at what cost to theGovernment, are these wild and savage Indians to be ruled in pei^e, or overcome in war? for their resentment and hos- tility, it is hardly to be supposed, will be foreborne from the moment it is understood among them that the white man proposes to take up his abode upon their ancient hunting grounds. JVIr. President, it is most unfortunate for the public interest that, in a measure of this descrip- tion, embracing many provisions of great import- ance to the country, there .should be one of such paramount interest as to absorb the attention of the Senate, to the neglect of every other, however iiTiportant. I have been myself so much under the influence of this cause, so unfriendly to wise legis- lation, that it was only within the last ten days that my attention was arrested by the fact that the boundaries of the Territory of Nebraska, proposed to be organized by this bill, had been extended to the extreme northern boundary of the United States, whereas the Nebraska bill of the last ses- sion was limited to the forty third degree of north latitude. Here, sir, we have a proposition to organize two new territorial governments, extending through twelve desrees of latitude, and over eight or nine degrees of longitude — containing near five hundred thousand square miles, and three hundred millions of acres of land— territory in the aggregate suffi- cient for the formation of twelve new States, aver- agino- over forty thousand square miles to the State; and but for the desert and sterile tract, averaging some three hundred miles in extent, and running from the south boundary of these Terri- tories, nearly or quite to the British possessions, that number of States would, in tirae, be founded within the area embraced in this bill; but we may reasonably estimate, that eight or ten new States will ultimately be formed out of this vast territory. Will the honorable chairman of the committee explain to us the necessity for incorporating into this bill this large extent of territory, in addition to what was in the Nebraska bill of the last ses- sion ? It will not do to say that no more in meant than to embrace in the two territorial governments proposed by (his bill all the territory of the United Slates not included in the boundH of other territo- rial governmeniH heretofore provided. It must be borne in mind that this bill, as originally reported, proposed to u|>r)ropriate j^.lUU.OOO nimply to defray the expenses of negotiating with the Indian tribes; thus indicating what we are to expect after the passage of this bill; and also clearly enough the design of extending setttcmenta Kj)eedily into every part of the country embraced within the limita of these new Territories. 1 doubt not that the hon- orable Senator will be able to find some plausible answer to all tlie objections I have suggested to this i)rovision of the bill. I know his resources. I Know that he does not act without motives or a pur- pose, and as he has given us no expositions ot his views upon this point, I trust he will indulge me in conjecturing what they may be. That I mean nothing ofTensive or unkind to the honorable Sen- ator he will understand, when I say that, upon a full consideration of his policy as sliadowed forth in this bill, taking it altogether, I am at a lo.s3 which most to admire, the genius or the boldness of his conception. And I can tell honorable Sen- ators around me, that when that Senator shall be arraigned before the tribunal of the public in the Northwest, for his advocacy of any feature of this bill which may be obnoxious to them, and he shall come to unfold the grandeur of his plans, and the skill with which he managed to combine in their support both the North and the South, they will speak trumpet-tongued in his defense. I trust the honorable Senator understands me; but I will nevertheless say to him, that although by the offer of a principle, an abstraction — a dan- gerous temptation to southern Senators — which I fear will prove utterly barren — bearing neither fruit nor flower, he has drawu into the support of his plans the whole South and Southwest, yet, if he will give me but a reasonable answer to the objections I have taken to this provision of the bill, I will go with him in its support. I admit his plans to be statesmanlike, if they can be accomplished without the sacrifice of other great public interests. If he will answer as I propose, I will go with him, in as hot haste, as he can de- sire, not only in extending the settlements on the margin of the Platte and the Kansas, but to the crest of the Rocky Mountains, thus indicating the route of a railroad to San Francisco, having a ■ terminus at some point on the western boundary of Iowa or Missouri; and then I will go with him for the ifhmediate extension of settlements on the great line, passing through Minnesota Territory, crossing the waters of the Red River of the North ; passing thence across the Missouri, and up some of its tributaries to the summit of the Rocky Mountains; thence down its richly wooded west- ern slope, and onward to Pugel Sound — thus securing the early construction of another great railroad. I Mr. DOUGLAS. As the Senator seems to shadow forth some grand scheme which is to be developed here, and then points significantly to my appearing before the people, I feel it to be due to myself to say that I have no scheme that has ., not already been avowed in my speech. 1 hare no defense to make at home that has not been avowed in my opening speech, and will be avowed again. No other ground will be taken; no other defense will be made. I think that it is due to myself to make that remark. iVIr. BELL. I do not make any charge against the honorable Senator that can be regarded as of- fensive. He may never be put upon his defense for his support of any feature in this bill; I trust he never will. 1 was pledging myself to the hon- orable Senator, that if he would give me any suffi- cient explanation or exposition of the points of objection I have taken as to the vast extent of! this country which he proposes to embrace in the I new Territories — the departure he purposes from I the long-established and guarded policy of the | Government in the interposition of some barrier to the intrusion of the white man, and the forma- ! tion of detached settlements in a country occupied by wild and savage Indian tribes, far beyond the ! regularly advanced line of frontier settlements; I and the throwing open at once unnecessarily the the whole public domain — .1 will go with him in i the accomplishment of his great schemes. 1 I am aware that the Senator may inquire of me, if he should fail to answer all my objections ' satisfactorily: Whether I would let any consid-; >.:-ation due to sixty or seventy thousand wild In- j dians, who range over this vast territory, and sub- j sist upon the buffalo, keep it closed against the' settlement of the white man — native or foreigner.' I am aware that when 1 suggest the enlarged mili- ! tary force that may have to be sent into that country to suppress Indian hostilities, he may say to me: That as his is a grand project, and as no great plans are accomplished without great sacri- fices, would I impede the development and growth of the great Northwest by objecting to j whatever expenditure, either of money or of! blood, may be called for to subdue, or to extermi- nate, if need be, the Indian tribes that may obstruct the onward progress of the country ? He may in- quire, especially: Whether I would interpose any narrow land policy, and forejo present expansion, glory, and dominion, for the sake of posterity.' To all such inquiries, I would answer at once, by saying to him — Wait a season; be not so impa- tient to build up a great northwestern empire. In due time all your great plans of development will be accomplished, without any great sacrifices of any kind, and without conflicting with any other great public interest. In a few years, by the regular law of progress and settlement, which swept first all the Atlantic States, and then the eastern slope of thegreat valley of the Mississippi, of the Indian tribes which once held possession of them, by a greatly accelerated process, they will disappear from the plains, and the whole of the vast region beyond the Mississippi; and then, without any abrupt departure from the old and established policy of our Government in relation to the In- dians or the public domain, all obstructions will be removed. In a very few years the advancing lines of settlement on both sides of the Rocky Mountains, but moving in adverse directions, ■will meet, overtake, and destroy both the buffalo and the Indians in their last retreats. If the honorable Senator will indulge me, and rot think it offensive, I must say here, because it occurs to me, that I think for a long time he has had a passion, amounting to a sort of mania, for the organizationof new Territories, and the found- ing of new States. Sir, to my certain knowledge, the honorable Senator drew up the Utah and New Mexico bills, and almost in the very terms in which they finally passed into laws. I believe he is also entitled to the credit of having originated the bills for the establishment of the Territories of Oregon, Minnesota, and Washington. It seems, from pres- ent indications, that it will not be long before he will have succeeded in organizing three or four more. Not content with the fame which may attach to him as condilor imperii, to borrow the language of Bacon, quoted by the learned and eloquent Senator from Massachusetts, [Mr. Ev- erett,] he is emulous of the title of clarissimiis condilor imperiorum. It seems to me that whatever other rewards he may receive from his country- men, if they should imitate the policy of the an- cient Greeks and Romans in bestowing honorary crowns on citizens who distinguished themselves in the service of their country, the honorable Senator will be entitled, not to one, but to ten civic crowns! I hope the honorable Senator will not be offended at anything I have said on this point. Mr. DOUGLAS. Certainly not. [Laughter.] Mr. BELL. I come now to a further objection urged by me against the bill of the last session, that is, the provisions affecting the emigrant Indian tribes. I do not allude to it merely as an objection, but of one presenting an insuperable obstacle to the passage of this bill, unless it shall be found to contain some different provision. Mr. President, has it come to this, that we are at liberty to disre- gard our treaty stipulations with the Indian tribes, because they are a weak and feeble people — unable to resist our power — any more than we would our treaty obligations with the more powerful nations of the earth.' Can we, as a Government or a people, act on such a principle — set aside, at our discretion, and trample under foot the most ex- plicit and solemn guarantees? I know that is not the sentiment of any honor- able Senator here; but, sir, as to the Nebraska bill of last session, although the Indian tribes and their lands, included within the boundaries of the proposed Terrritory, were expressly excepted from the operation of that bill, the honorable chairman of the Committee on Territories v/ill remember that I denounced that bill, if it should pass, as a disgrace to the national character, and a wanton and deliberate violation of the public faith. In order to demonstrate the justice of that ' denunciation, 1 must go into a brief review of the 1 policy of Indian removal. This policy was suggested in 1808, by Mr, [Jefferson. His plan was to remove those mem- j bers of the several tribes, then residing east of ! the Mississippi, who preferred to seek their sub- j sistence by the chase, to some suitable country 1 within the limits of the United States west of the I Mississippi, and to protect those who were die- posed to cultivate the arts of civilized life in their ' possessions east of the Mississippi, and also to en- ! courage them in their efforts to improve their con- !dition. That policy was frustrated by the con- I flicting obligations contracted between Georgia i and the United States in the compact, by which i Georgia ceded her western territory. The plan suggested by Mr. Jefferson was consequently en- ! larged, and the Government adopted the policy of removing entire tribes to the West. The treaty of 1817 \vn3 based, in part, upon this new policy. In 18"J5 Mr. Callioun, then Secretary of War, in a rejiort made upon ihut suliject, fust eu^j^ested llie unjiortance of ii syateniatic policy of Indian removal, eiulirrtcitigall the tribes in the States east of the Mis.'^issip]ii. The country west of the Mis- souri and Arkansa.s was by liini pointed out as projier to be selected, and set apart to the tribes which might be induced to emigrate; and he recom- mended that "tliere ought to be the strongest and most solemn assurance liiat the country given to them should be theirs as a permanent liome for themselves and their posterity, without being dis- turbed by the encroaclunents of our citizens." But the policy wasnotthen settled uponapernia- nenti)asi3. Tlie dillicuities and embarrassments in which the Government was involved with Georgia, and by the obstructions interposed in the execu- tion of tlie [H)licy of removal by two of the south- 1 ern tribes — the Cherokees and the Creeks — caused the wliole subject to be examined and discussed in every part of the country. It gave rise to great agi- tation and excitement. Perhaps but few Senators here now liave any conception of llie intensity of theinterestand feeling which was awakened, partic- : ularly at the North, by the discussion of the ques- tions connected with this policy. The tables of the tsvo Houses of Congress groaned under memorials and remonstrances, presented from day to day du- ring the session of 1829- '30, against the policy of removal adopted and insisted upon by the Adminis- tration. And so itcontinued for months. Thefierce- ness of the struggle, and the obstacles to be over- i come in the settlement of the question, no man knows better than theSenatorfroniMichignn,[Mr. Cass.] Cut in March, 1S3U, the policy of Indian , removal received the sanction of both Houses of i Congress, and became the law of the land. By the act of 1830, the President was expressly au- thorized, in treating with the Indians for the ex- change of their lands east for lands west of the Mississippi, " solemnly to assure tlie tribe or na- ; tion witli which the exchange is (might be) made, that the United States will (would) forever secure and guaranty to them and their heirs and succes- sors the country so exchanged with them." ; The arguments by which the policy of Indian removal was sustained will be found in numerous official documents, in the speeches of members of , Congress, and in the public journals of the day. The grounds upon which the argument was maintained for the removal of the Indian tribes were taken from the early, as well as the more re- cent, liistory of the country. It was contended that all experience had demonstrated that as long as the Indians remained in contact with, and sur- sounded by, a white population, they were sure ' to contract all the vices, without adopting any of the virtues of civilized communities; and that as long as they remained in tliat condition, their early extinction was inevitable; that their only escape ; from this destiny depended upon their removal to a country where they would be protected by the Government from all the evils and annoyances to which they were thus exposed, in all future time. The country to wliich they were invileJ to remove was to be Indian country forever, or as long as they e-Kisted as tribes; the white man was never to intrude upon their lands, or form settlements arouiid them; no territorial or State governments . were ever to include them within their boundaries. In their new homes tliey were to be free to be gov- erned by their own law.s and customs, unle.s.s iliey tiiought profier to change them; never to be in- terfered witli by the Government, but for their pro- tection in the enjoyment of ilieir privileges. This further argument was urged in 8U|)|)ort of the policy of removal, that the Indian tribes which might emigrate to the West, on the condi- tions held out to them, would never again be mo- lested and liarassed by any ntw applications for cessions of their lands, or to remove to a new country; for the more fcagacious chiefs always knew that their people could seldom withstand the influences which their Great Father could bring to bear upon them when he wished to treat with them on any fc-uliject. These were the arguments by which the policy of Indian removal was sustained by Congress, and which, in time, reconciled the whole country to its adoption. These were also the arguments and encouragements held out to the various Indian tribes residing in the States east of the Mississippi, to induce them to emigrate to the West, as will appear from the talks held with them, from the in- structions to commissioners appointed to treat with them, and, in part, from the stipulations con- tained in the treaties made with them. In some of those treaties the Indians rerjuired that a guar- antee iigainst the establishment of any territorial or State government, to include their lands, should be specifically stipulated in the treaties made with them. One treaty containing such a guarantee, ratified by the Senate, is sufficient to show the policy of the Government, and its obligations to all the emigrant tribes. Well, sir, under the per- suasion and encouragement lield out to the Indians by the promises, as.surances, and guarantees I have enumerated, some twelve or fifteen different tribes entered into treaties, and removed to the territory assigned and dedicated to them west of Missouri and Arkansas. Some eight or ten of those tribes, numbering, at this time, eight or ten thousand souls, received allotments of land west of Missouri, most of them occupying the territory embraced in the Nebraska bill of the last session, and the Territory of Kansas proposed to be or- ganized by the bill now under consideration. And how did the provisions of the bill of the last session stand in relation to the obligations and guarantees of the Government, assumed and given in the execution of the policy of Indian removal? That bill proposed to organize and establish a ter- ritorial government, including within its bounda- ries all the emigrant tribes west of the State of Missouri, and forthwith to authorize the settle- ment of the unoccupied lands, and thus to sur- round the several Indian tribes with a white popu- lation, and consequently to bring upon them all the evils which they had to encounter in the States whence they emigrated. It was for these reasons that I objected to and denounced the measure. There was another objection which I might have taken to the Nebraska bill of the last session, but which I did not because I would not be the first to throw down a gage, inviting a renewal of that sectional conflict which shook tlie confidence of thousands of good citizens in the stability of the Union in 1850; and which I trusted never to see renewed in this Ciiamber, or in the country. There is no longer any reason — and unfortunately, 6 Certainly. It was so by the established as I think — that I should forbear to sug:gest it. It was this: From the date of Mr. Calhoun's re- port, in 1825, and more especially since the act of 1830, sanctioning the policy of Indian removal, and the ratification of numerous Indian treaties, inade in pursuance of that policy, the country west of Arkansas and Missouri has been regarded as an Indian territory, dedicated and guarantied as a permanent residence for all the tribes which might think proper to emigrate to it on the terms held out to them by the Government. And here I would be pleased that the Senator from Ohio [Mr. Chase] would answer a question which I want to ask him, if he deems it worthy of a reply. I would like to know why and upon what authority, in his late appeal to the people on the subject of this bill, he designated the territory south of the line of 36° 30' as Indian territory, as distinguished from the territory north of that line? Mr. CHASE. I will simply ask the Senator if it is not Indian territory ? Mr. BELL. But the other is Indian territory also. Mr. CHASE Mr. BELL, policy. Mr. CHASE. The territory south of 36° 30' was Indian territory, and proposed to be left as such by the bill. The bill, if it is passed, would convert the territory north of 36° 30' into organ- ized territory, excluding from it, of course, those portions which are inhabited by Indian tribes not ceded by treaty. Mr. BELL. No man, from thereadingof that address, would have supposed that the territory north of 36° 30' was admitted to be Indian terri- tory. "To resume my argument. It so happened that this territory was divided into equal parts by the line of- the Missouri compromise, 360 3G'; thus taking from the South a territorial area sufficient to form one more slave State, and from the North a territory large enough to form one more free State, according to the terms of the Missouri com- promise. The great object of securing a country for the exclusive and perpetual inheritance of the Indian tribes, when driven from their original posses- sions, was thus accomplished without any jealousy between the North and the South, growing out of the slave question. The South, in surrendering the territory west of Arkansas, saw that the North made an equivalent concession on its part. I think I may say, from what I know upon the sub- ject, that but for the perfect equality of the ar- rangement, as between the North and the South, the policy of Indian removal with the principles and guarantees upon which it was founded, would probably never have been sanctioned by Congress. Unfortunately for the permanent success of this arrangement, it so happened that while the pop- ulous tribes wliich emigrated from the southern States to the country west of Arkansas, occupied the whole of that portion of the Indian territory lying south of the line of 30° 30', from various causes it turned out that a much smaller number emigrated to that part of the Indian territory lying north of that line; and hefice the present embar- rassment of the country upon this subject. The eight or ten thousand of the emigrant Indians, together with about an equal number of indigen- ous Indians, inhabiting the country west of Mis- souri, do not seem to justify the exclusion of the white race from the large residuum of unset- tied country around them; and sooner or later, whatever be the fate of this bill, they will be com- pelled to yield to the inexorable law of progress, and seek yet another and a new home, if they can find one, or perish where they are, under the operation of those causes which have heretofore proved so destructive to their race. What conclusion do I draw from all this? Why, that the territory west of Missouri, having been set apart and dedicated as a permanent habitation for the Indian tribes, and so regarded for the last twenty or thirty years — having the sanction of law and numerous Indian treaties to sustain it — acquiesced in during all that period by both the North and the South, without alteration or dis- turbance; and this being free territory by the terms of the Missouri compromise, and the equiv- alent conceded by the North for the humane purpose of providing a permanent possession for the Indian tribes, for a like concession made by the South of slave territory on the other side of the line of 3GO 30', it amounts to a compact or un- derstanding, part expressed and in part implied, between the North and the South, carrying with it obligations and a binding force, if, of any less validity than any other compact, I think it it would plague the ingenuity of the most sophis- tical mind to prove it. Therefore, if this territory is not to remain Indian territory, equal justice to the South would seem to require that such guaran- tees should be voluntarily conceded by the North as would secure to the South the formation of a slave State, should the country turn out to be adapted to slave labor, as an equivalent for the loss of one south of the line of the Missouri com- promise. And if the experiment should show that the country presented no adequate induce- I ment to the introduction of slave labor, and it I should become a free State, then the South could , not complain if the North should profit by those ! circum.stances which now seem to demand that i this territory should change its destination, and be- come the possession and abode of the white instead I of the red man. I have yet to consider whether the provisions of I the present bill relieve it from the objections which ; I had to the Nebraska bill of the last session of i Congress. Does the bill under consideration vio- late theu obligations which the Government has entered into with the emigrant Indian tribes? The ': original bill reported by the Committee on Terri- ! tories contained a provision excepting the lands 1 held by the Indian tribes from its operation, in the precise terms, I believe, of the Nebraska bill of i the last session; yet it includes all the emigrant [ tribes west of Missouri within its boundaries, ex- I cept two or three small tribes on the west line o. ' Missouri and near the Cherokee boundary, and, like the bill of the last session, authorizes the [ formation of white settlements around the lands i occupied by the Indians. So far the same objec- i tions exist to this bill that I urged against the bill of last session. But it is contended that all objec- j tions are removed by the amendment suggested by j the Committee on Indian Affairs, and engrafted upon the bill. It is in these wordsr "Jlndbeit further enacted, That all treaties, laws, and I Other eugagements made by the Government of the United Ktates with the Indian tribes iiihnbiliiiR the territory cm- braced wiihiii this bill, isluill be tiiilhrully and rii,'idiy ob- served, nolwitlistundiiig unytliin;; cuiitniiied in tlii.-i net." The nniendiiient provides tlmt " till treaties, law, ami other engaireinenls mnde hy the Gov- ernmeiil of the Uiiiteil Stales witli liie Indian Irihes ifiliabitiii;; the territory etiihrared within ihiH bill, shall l>e faitlifully and ri;;iil!y observed." Tlie stiiHilations and eiijragenieiits enteied into by tlie Government with tiie einij^rant tribes in- liabiling the territory embraced in this bill were, among otliers, that those tribes should never be exposed to the evils of a wliite population around them, and that no '}'errUorial or Slale ^oveniinent should ever be onjanized or estiiblished including theirhiiulswitliin its boundaries. The bill proposes to establish a territorial government including these Indian tribes within its boundaries, and, at the same time, opens the whole of the country not al- lotted to, or occupied by the Indians, to settlement by the whites. Yet the amendment provides that all treaty stipulations and en2:jifi;enients, and obliga- tions of every kind entered into by the Government with those Indian tribes, shall be faithfully and rigidly observed ! 1 would ask, without meaning the slightest oflense to any gentleman, could any- thing be more preposterous tlian the argument that this amendment reinoves all objections to the bill, when by the very terms of the bill those obligations are violated and set at nought. It is a mockery to say that the engagements of the Government with the Indians shall be faithfully and rigidly ob- served, when the whole scope and object of the bill is indirect and open violation of those engagements. To show what were the leading principles and guarantees under which all the emigrant tribes in the country west of Missouri and Arkansas were induced to exchange their lands east of the Missis- sippi for others west, I will read a clause from the treaty made with the Cherokees in 1835. The third article of that treaty contains this clause : " The I'nited States hereby covenniit and agree that tlic lands ceded to the Clierokee nation in the I'orejtoinirarliele, sliall, in no future time, without their consent, be included within the territorial limits or jurisdiction of any State or Territory."' This exhibits the true character of the policy and principles adopted by the Government in set- ling apart the country west of Missouri and Ar- kansas as a permanent and exclusive Indian liab- italion. To show that there was no distinction in the principles or policy of the Government in allotting portions of the country west of Mis- souri, and west of Arkansas, to tribes emigrating from the States east of the Mississippi, 1 propose to read from a treaty made with the Senecas and Shawnees of Ohio, made at Lewiston, in 1831, and now resident in the territory west of Missouri, a clause similar to the one I have just read from the treaty with the Cherokees. Tlie tenth article of this treaty contains the following stipulation: " And the United States pufffantee tliat said lands sliall never be included witliin the limits of any State or Terri- tory, nor subject to the laws thereof." A similar guarantee is to be found in the treaty made with the Shawnees of Wapaghkonetta in Ohio, in the same year; and in two or three other treaties made at different dates with tribes which emigrated to the territory west of Missouri. Mr. SEBASTIAN. 1 beg to interrupt the Senator a moment. 1 understand him to be speak- ing of the treaties which contain, in terms, the stipulation that the tribe shall never be included within the boundaries of any State or Territory. That class is a small one. The Cherokees to whom he alluded are not embraced in the bill. The Shawnees of Wapaghkonetta have lost the bin- efit of a similar stipulation by incorporation witii the Missouri batid, by which they surrendered all their nationality and their treaty stipulation by the same act. Congress, a year ago, allowed them a compcnsatifm of ^(JU.UUt) or JlTO.UOO for the lands they were to have had under the treaty with them. The other Shnv/nees are not v/ilhin the limits of the proposed Territory. I admit that a small trilie of Ottowas, numbering two hundred souls, and owning thirty-four thousand acres of land, still remain, and are protected by the stipu- lation in their treaty, similar to that of the Chero- kees. This obstacle, such as it is, still stands. Mr. BELL. The honorable Senator says iha t the guarantee in the last treaty I referred to, made with the Shawnees of WapagliK'onetta, was ab- rogated. IIow.' They were induced to give up their lands east, and sell them upon certain terms, and with the same assurance upon which other Indians gave up their lands east, namely: that they should have a jiermanent home in the coun- try to which they agreed to remove, and that their new home should never be included within the boundaries of any State or Territory. They were to have an allotment of land out of the lands ceded to the Shawnees of Missouri in 1825, or, if they were not satisfied with that arrangement, they were to have other lands, in the same country, west of Missouri. Cut they agreed with their kinsmen to live in common with them on their lands, and set up a claim upon the Government for the value of the lands they were promised in the treaty, and their claim was allowed. How does that deprive them of the protection of the guaran- tee that they should never be surrounded with a white population, relyitig upon which, they ceded their lands in Ohio. By no technical, by no in- genious interpretations, can theGovernment avoid the obligation entered into with them. But my friend reminds me that the Cherokees do not reside in the territory embraced in this bill. I did not pretend that they do. 1 read a clause from the treaty with them to show the principles upon which the policy of the Indian removal was adopted by the Government in 1830; and I read clauses from the treaties made with the Shawnees of Wapaghkonetta, in Ohio, and one made in the same year with the Senecas and Shawnees of the same State; and I referred to others, to show that there was no difference recognized by the Gov- ernment as to the terms and conditions upon which the Indians were removed between the country west of Arkansas and that west of Missouri. Any treaty made with a tribe which took an allotment of land west of Missouri, with a similar guarantee against the establishment of a State or Territory including their lands, and that treaty, ratified by the Senate, f.xed the destination of that country. It was to be Indian territory, and no other, as long as a single tribe existed which emigrated to it under that guarantee. That was its destination, as un- derstood by the Senate and by the Executive, when the treaty was made with the Shawnees of Wapaghkonetta, with the Senecas and Shawnees of Lewiston, and with the Ottowas and the two other tribes which emigrated to the territory west of 8 Missouri; and whether one of those treaties has been abrogated or not, or whether one or more of the tribes treated with upon the same terms hap- pens to be included within the boundaries specified in this bill or not, is not material; tliey emigrated to the territory west of Missouri, and now reside there. My argument is, that all the emigrant tribes which removed after 1830 were induced to remove under the same assurances and guarantees, whether specifically stated in the treaties made with them or not; and that it would be a fraud upon the Indians to give a different interpretation to the obligations of the Government. The nature and extent of the obligations contracted with the In- dian tribes which emigrated to the country west of Missouri and Arkansas, in conformity with the policy of Indian removal, adopted in ]830, and the proper interpretation and construction of those obligations, will be. best explained by referring to what was said upon the subject by a man who was the chief and most responsible actor in all that relates both to the adoption and execution of that policy. In the message of the President of the United States [General Jackson] to Congress in 1835, we find the follov/ing passages connected with this subject: "The plan of removing the aboriginal people who yet remain wiiliin the settled portion of the United States to the country west of the Mississippi river approaches its consummation. "All preceding experiments for the improvement of the fndians have failed. It seems now to be an established fact that they cannot live in contact vvitli a civilized com- mnnity and pro-sper. " The necessary measures for their political advancement, and for their separation from our citizens, have not been neglected. The pledge of the United Stales has been given by Congress that the country destined for the residence of this people shall be forever ' secured and guarantied to thein.'^ "A country west of Missouri and Arkansas has been as- signed to them, into which the white settlements are not to be pushed. No political communities can be formed in that extensive region, except those which are established by the Indians themselves, or by the United States for them and with their concurrence. A barrier has been raised for their protection against the encroachments of our citizens, and guarding them, as far as possible, from those evils which iiave brought them to their present condition." Mr. President, I must be allowed to feel more than a common sensibility to any violation of the obligations of the Government contracted with the Indian tribes. When this whole subject of Indian rights and Indian wrongs was brought to the notice of the country and thoroughly discussed — our rela- tions with them claiming to be theguardianofthese children of the forest, and they looking up to the President as their Great Father — I was chairman of the Committee on Indian Affairs in the Flouse of Representatives, and had to bear my full share of responsibility in sustaining the policy of Indian removal against the attacks of its opponents. I have always differed from my friend from Texas, [Mr. Houston,] and others, who have maintained that the Indian race is susceptible of as high a development of their mental faculties as the white race, and that all their misfortunes are to be attributed to the encroachments of the white man upon tli eir lands. 1 have never been so hope- ful of the results of the experiments which are making to civilize and elevate their condition. I have always held the opinion, that all the Govern- ment can do for them, under any plan which may be adopted to wean them from their ancient habits, and to induce them to cultivate the arts of civilized life, will have no other result than to postpone the period of their final extinction; and that, in the meantime, imbecility, despondency, and indo- lence, will be their characteristic traits. I believe I' that the highest development of Indian character is only to be found in their normal or primitive condition, and before their proud spirit has been bowed by conquest. But, sir, the question is not now, whether we can elevate and improve the condition of the In- dian tribes by encouraging them to adopt the arta and habits The honor:i!)le Senator from Michigan [Mr. Cass] It iy contended, with great earnestness, by the himself admits the ditliculty of determining the friends of this measure, tiiat it does give such precise point at which all legislation by Congress promise; and the highest talents and ability of relating to the Territories shall cease; and the in- the Senate have been arrayed to prove that there quiry as to whether any number of inhabitants, ; was nothing in the circumstances under which the however small, may be safely allowed to settle all Missouri compromise was adopted, or in the sub- questions of internal policy, is evidently one of', sequent history of the country connected with it, great embarrassment. The distinguished Senator ^ which can be objected to Us repeal. I propose to f*-omMichiganregardsthese,andoiherlikepoint8, |i notice brielly and fairly all the points suggested as questions for practical solution by Congress, in j or assumed in the arguments of the friends of this tlie exercise of common sense and a sound discre- Ij measure; and I think, sir, that before a dispaa- tion. Asto the questions which have been mooted i] sionate and uncommitted Senate, I could throw in relation to the source, or grant in the Consti- : out some suggestions which might lead honorable tution, from which is derived any power in Con- gress to legislate for the Territories at all, the Senators to doubt the correctness of some of the conclusions to which they have come; but, after best answer, undoubtedly, is, that Congress has !| the vote of last night, I can have but little hope of exercised the power in various forms, from the such a result from anything 1 can now say. foundation ofthe Government, and that the power Sir, it is contended that by applying the princi- has been found both safe and convenient, it would 'pie of non-intervention to the Territories, that not be safe, at this day, to look too closely into ; we shall harmonize the action of the Government tlie question ofthe power of Congress over the.: by conforming it to the principle of the corn- Territories, for we cannot go very far back 1 1 promise acts of 1850. Admitted. It is said that antil we find ourselves embarrassed by the ac- ij the slavery restriction clause of the act of 1«20 knowledged unconstitutionality of the purchase Ij was a violation ofthe obligations ofthe treaty by and ann'exation of the whole territory ceded to '| which France ceded to the United Slates 'heTer- the United States by France. Greatinconvenience rilory of Louisiana. I admit it. It is contended mayarisefrom theconcession of theprincipleofthe that the restriction upon slavery imposed by the inherent right of self-government in the people of a 1 IVlissouri compromise was unjust to the South. Territory.'^Havingtheuncontrolledpoweroflegis- That is also true. lating, they may grant charters of incorporation i The attempt of the North in 1820 to interdict with e-vtraordinary privileges, create a public debt, slavery in Missouri, as a condition of her admis- aiid do many other things which may be greatly sion into the Union, and the continued resistance injurious to the welfare of the future State to which i offered to the application of that State for ad- Uie territoral government may give place; but we !i mission, until the South agreed to accept the must take the risk of unwise legislation in the ' proposition to interdict slavery in all the remain - Territories, if, from any cause, it becomes highly ing territory ceded by France lyms north of the expedient and necessary to the general welfare of line of 36^ 30', was just such a proceeding, that the country to do so. Those who hold to'the doc- i the great names invoked by the honorable Senator trine of the inherent right of self-government in ,i from Massachusetts, [Mr. Sumker,] to sustain the inhabitants, will find no difficulty, of course, ! him in his course as an Abolitionist— Washing- in applyin"- the principle of non-intervention to the !■ ton, Franklin, Jetterson, and Hamilton, had they Territories! I leave it to the friends of the bill to ! been living at the time, anti-slavery m sentiment inquirewhetheritsprovisions,asitnowstands,are though they were, would have raised their united not, in some respects, inconsistent with the prin- , voices against it, as conceived in a spirit the very ciple upon which it is based. : reverse of that which controlled their own course If this measure shall appear to be as important j; when they gave their sanction to the Constitution; totheinterestsofthecountryasitsfriendsassume, I when they contributed the full weight of ttieir I shall feel no embarrassment arising from any ' great names and characters in conciliating and of the questions to which I have just alluded, in |. reconciling the strongest antagonisms of senti- eivin^r my support to the principle of non-inter- ! ment and interests between the North and the vention, embraced in the provisions ofthe bill I South; and' in blending ah in one great organic before the Senate. I think it is a wise and expe- instrument of Union, unparalle ed in the wisdom dient principle, for general application; and upon of its provisions and the grandeur of its results, this point it will be perceived that there is no dif- Jefferson did raise his voice against it, but untiap- ference between myself and any of my southern pily his glorious compatriots of the Revolution friends. It is not a new principie. It was the .; had passed away, and he, in his retirement, was 12 no longer able to control the activepassions of the day. It suits the purposes of the professional philan- thropists and agitators of the North to represent tiie celebrated anti-slavery extension movement in 1820 as founded exclusively on principles of hu- manity and opposition to the institution of slavery in the South. Noihing could be more deceptive or untrue. The great leaders in that movement were influenced by no such sympathy for the slave; they had no such horror of the nistitution itself as to induce them to adopt a policy so likely to lay the foujidation of a lasting feud between the North and the South. There were other consider- ations which impelled them, of a very dilTerent nature, and quite as repugnant to their feelings as slavery. These were the long continued, and, apparently, never-ending sway of the Virginia dynasty; and the perpetual exclusion from power with which the preponderating influence of the South at that period seemed to threaten them. Urged by these strong passions, they had no diffi- culty, through the press and the pulpit, to rouse into activity the whole latent yet powerful anti- slavery feeling in the North. It was a great party and political movement; and the anti-slavery sen- timent, so universal at the North, was the chief element of its success. It is further urged by the friends of this bill, that Congress had no constitutional power to enact the Alissouri compromise, and therefore they contend it ought to be repealed. The power of Congress to impose a perpetual restriction upon slavery over any portion of the territory of the United States, was strongly questioned at the time of the adoption of the measure; and looking at the question as one of constitutional construction, I agree with my southern friends that no such power can be fairly deduced from any grant in the Con- stitution. Yet it was accepted by the South, and acquiesced in as a measure of compromise between the North and the South, and its constitutionality was sanctioned 'by President Monroe and his Cabinet. Again, it has been alleged that the Missouri compromise, which is now claimed to have be- come a compact of so sacred a character that to repeal it would be a breach of good faith on the ?art of the South, has been repudiated by the forth itself; and that the North has never ac- ; quiesced in it as a settlement or concession of the ; right of the South to introduce slavery into the territory south of 30° 3U'. That the North, in 1830, opposed the extension of the Missouri com- promise line, as established in 1820, to the Pacific, over any part of the territory acquired from Mex- ; ico, is true. It has also been urged, in the course ! of the debate, that the North opposed the admis- sion of Arkansas, lying south of the line of 3(JO 30', into the Union, on the ground that slavery ' was recognized in its constitution; but I believe it has been successfully shown that no such oppo- i sition was made. But, sir, it is true that the Mis- i souri compromise has been repudiated, and has never been acquiesced in as a valid compact by a class of citizens at the North, made up of Abo- litionists proper, and the more mischievous type of anti-slavery agitators, which is found repre- ■ sented on this floor. They repudiate all compro- i mises — the compromise of 1820 and 1850 alike, j Their hostility to the institution of slavery in the , I South is uncompromising. The Senator from Ohio, [Mr. Chase,] and the Senator from Massa- chusetts, [Mr. Sumner,] have boldly proclaimed the principles which will control their course upon this subject. The Senator from Ohio avows the purpose to agitate the question until slavery shall be abolished in theDistrictof Columbia, and every- where else, within the control of Congress. They admit that slavery where it exists in the Slates they cannot reach through Congress; but they give no pledge that when it is abolished in this District, they will cease their agitation — nor will they. Though they profess to make no war upon the Constitution, yet such is their concern for freedom and free labor, and their hostility to slavery and slave labor, that if in their efforts to vindicate the rights of the one and abolish the other the Union should perish, they would be sufficiently consoled for the ruin they had brought upon the country by the reflection that they had been true to the principles they professed. Do what you may, or forbear to do what you may now, these gentlemen are the inexorable foes of the institutions of the South. They not only repudiate the compromises of 1820 and 1850, but the compromises of that greater compact tor the settlement of all conflicting sentiments and inter- ests between the North and the South — the Con- stitution. I admit, then, that the North has op- posed the extension of the line of 30° 30' to the Pacific; and that the class of agitators in the North to whom I have alluded never acquiesced in it. Some of the friends of this bill have denied that the slavery restriction clause of the act of 1820 was any part of the Missouri compromise. They assert that this clause of the act of 1820 was not acquiesced in by the North as a settlement of the question; that the admission of Missouri into the Union was still opposed by the North in 1821, on the ground that the constitution formed and presented by the people of Missouri, undertheact of 1820, prohibited the Legislature from passing any law authorizing mulatloes, or other free per- sons of color, to emigrate to the State; and it is contended that the admission of Missouri into the Union was the result of a compromise of that ques- tion; and that, is now contended by gentlemen to have been the real Missouri compromise. That ofiposition was made by the North to the final admission of Missouri in 1821, on the ground stated, is true; but the inference drawn from that fact by the very ingenious and distinguished gen- tleman who brought it to our notice, that is to say, that the slavery restriction clause of the act of 1S20 had nothing to do with the question of the admission of Missouri into the Union, or, in other words, that it formed no part of the compact or understanding between the North and the South which led to that result, I think can scarcely find any support in the judgment of the country. Having thus gone over all the grounds of objec- tion suggested against the validity of the Missouri compromise, I trust it will be seen that I am not disposed to controvert them either as to fact or doctrine, with such exceptions only as upon more deliberate consideration, by those who asserted them, will be allowed to be well taken. But, sir, admitting them, with the exceptions I have stated, to be incontrovertibly true, still the main question remains to be considered and de- cided; Do these facts and doctrines demonstrate 13 the expediency of tlisturbintj the Miesouri com- promise under existing; circ.umstnnces? nnd in comin;^ to lui aflirmtUive conclusion upon this question I hesiiiUe, I pause. 1 have listened with attention to nil the luminous expositions of theories of constitutional construc- tion, and of popular sovereignty; to the infjenions application of doctrinal points to (pieslions of com- pacts and compromises by tiie friends of this meas- ure. The ([uestioii has been fruitful of themes f(ir dialectii', display; for the exhibition of ijreat powers of analysis and loj^ical acumen; but the whole ar- gument has been siiif^uliiriy defective and unsaiis- J'actory upon the main (|uestion, What practical advantage or benefii to tlie country, generally, or to the South in particidar, will the repeal of the Missouri compromise secure.' j It is asserted with |:reat confidence that the np- plica'ion of the principle of non-intervention to i these Territories, and the repeal of the Mie.-jouri • compromise, will have the ellect to transfer to the local lejriijlatures, the Territories and States, and to relieve Congress for the future from, the most ; dangerous and distracting subject of controversy i which ever has, or ever can disturb its delibera- j tion; that the source of those sectional conllicts rtnd agitations upon the subject of slavery, which i have moi'e than once threatened the peiice of the; co^jntry, will be removed; that justice will be done to the South; that the Constitution will be restored end vindicated; and a new guarantee be provided ! for the stability of the Union. I need not say that ' if one half of the many beneficent results predicated ' of this measure oyi be shown to follow iis a prob- able" consequence of its adoption, I would no ( longer hesitate to give it my support; but, unfor- tunately, the argument has proceeded no further ttian the a;Hrmation, without showing how these results must or will follow. Some getitlemen, delighted at the prospect of seeing a favorite theory of the right of the inhabitants of a Territory to govern themselves recognized by a vote of Con- ' grass — others in ecstasies with the prospect of a similar recognition of some favorite notion or doc-| trine of constitutional interpretation, after expend-: ing the whole force of their great ability in eluci- dating their respective creeds, forthwith jump to ' the conclusion that the happie.sl results will neces- eariiy and inevitably follow the adoption of this , nieosure. i Upon what rational calculation do gentlemen assume that they can establish, upon a firm foun-. dation, any one of the favorite principles or doc- trines incorporated in this bill, and especially when they consider, as they ought, the inherent element of disturbance which exists in the nature of the subject.' How estaltlish beyond future contro- versy the principle of non-intervention by a vote, of this Congress which the next, or any subse- quent Congress, may annul .'' How restore a vio- lated Constitution, settle a question of constitu- tional power, or a rule of constitutional construc- tion, when so many of the interests and passions connected with these questions are necessarily po- 1 litical, and liable to change and vibrate with the changing interests and composition of parties.' Congress, by its votes, has often reversed the de- cisions of the judicial department of the Govern- ! nient on questions of constitutional power and construction, and still oftener its own decisions, i In the very nature of things, no such atability as ., in argued can be given to any principle which this ' Congress may siuiction by ii8 vote on this bill. If this be so, how ran thitrmeauure furni.sh any new guarantee for the [>reHerviition of the Union.' Cr how transfer to ihe Territories and lake away from CongreHM those diatractiiig and HectionnI ques- tions which BO often intrude ihrmselveH here? And, above all, how will tlie paHHa;;c of this bill remove the source of those plaver\' lo^itationa at the North, which have heretof ue, upon two mem- orable occusiutiR, filled the country with alarm for the safety of the Union .' Is there no danger tliiU, inatead of staunching, you will open ufreah " Ihia bleeding wound of the country .' ' Air. President, take the i>rovi8ion.'j of the bill as it stand.s ainended; atid 8up[)ose the inhubil- ants, less or more in number, of one of thrae Territories, as soon as their government is organ- ized, should establi.sh slavery by law, would that ' (|uiet agitation in the Ps'orth ? Or would it not be more rational to conclude that it would be a sound- ing of the tocsin for a general rally of all the worst elements of the Abolition faction at the North, stimulated and supported by great num- bers of northern citizens who have heretofore given no countenance to their exce.sses .' Would not a more widelydill'used and a more iiiten.''e anti- slavery seniiment be awakened than has ever ex- i isted at any former period; prepared and determ- ined, when the proper time should come, to resist the application of the new slave Stale to be ad- mitted into the Union .' But let us now suppose that slavery shall not be introduced into either of the.se Territories un- der the sanction of a territorial law — and it is the general opinion of those who have spoken in this debate that it will not — will agitation then cease ? Is there no ground to apprehend that the impres- sion produced by the repeal of the Missouri com- promise upon the people of the North will settle down into a more decided and deep-rooted hostility to slavery and the whole South than could, under any other circumstances likely to occur in future, be provoked.' I speak not of that chiss of north- ern citizens to which the Senator from Massachu- setts, [Mr. Sn.MXER,] and the Senator from Ohio, [.Mr. CiiASF,,] and their followers, belong — pro- fessional agitators, who avow their purpose of continued agitation; and whether this bill passes or not, they will do their utmost to fan the nres of fanaticism, and inflame every anti-soutl.ern feeling and prejudice in the North. And let me say that nothing we could do would more {gainfully disturb thepresentcomposureofthosegenilemen — no more fatal blow to their present prospects could begiven, than to reject this bill. But I was speaking of the probable ellect of the pa<'sage of this bill upon a far different class of northern citizens. 1 allude to that body of sober-minded and reflecting cit- izens who, though anti-slavery in their sentiments, have never approved the fanatical ravings and mis- chievous machinations of the various Abolition societies and sects — who have had no disposition to disturb or evade any of the compromises or guarantees of the Constitution for the protection of the rights of the slaveholder; but who may yet entertain feelings of decided hostility to the introduction of slavery into any territories here- tofore considered free territory. Is there no just ground to apprehend that the repeal of the Mis- souri compromise, which, whether constitutional 14 or not, for more than thirty years has been re- garded in the North as a valid settlement of a line north of which slavery could never go — 1 repeat, is there no danger to be apprehended that the re- peal of that settlement will impart a stronger and deeper complexion to the anti-slavery sentiment of this class of northern citizens? I know it has been said that all such apprehen- sions are but the suggestions of timidity; that a better feeling and more liberal sentiments toward the South and southern institutions begin to prevail at the North than formerly. Mr. President, let us inquire a moment whether this prevalence of a more liberal feeling towards southern institutions can be relied upon as furnishing any assurance that no future manifestation of their anti-slavery Bcntiments will menace the peace and harmony of the country? The people of the North imbibed their anti-slavery sentiments in early life — in the period of their inf;\ncy,at the domestic fireside, in the nursery, in the primary and high schools — they have had them confirmed in the lecture- room, in the church, and by the popular literature of the day. A sentiment thus deeply implanted in the hearts of a whole population, though it may be ordinarily quiet, and seldom break forth into fierce a2:itation, yet we have seen, in the his- tory of the Missouri compromise, how promptly, £md with what effect it may be brought to ex- ercise its influence on occasion. Louisiana had been admitted as a slave State in 1812, Missis- sippi in 1817, and Alabama in 1819, without op- position; and all the while scarcely a conscious- ness seemed to pervade the country that there was any diversity of institution or sentiment in the North and in the South which could give rise to any serious controversy; but in 1820, when Mis- souri applied for admission into the Union, sud- denly the whole North rose at the summons of their political leaders, and protested against it. Sir, I believe there is a better feeling prevailing at the North towards the South than formerly; but would it not be wise on the part of the South to do nothing to reverse the current of that better feeling, unless urged by some great necessity in vindication of its rights? But it is said that these anti-slavery feelings at the North are nothing more than the prejudices of education and a false philanthropy. Admit them to be nothing more than prejudices; are they, therefore, to be disregarded by statesmen, who have the control of the affairs of a great country in their hands? An eminent British statesman, I do not now remember who, once said of a co- temporary, that but for one defect, he would be the greatest statesman of the times; that was, that he had no regard for public prejudices of any kind; and whatever measure appeared to him to he right and proper in itself he would insist upon, though it might excite the opposition and inflame the passions of the whole country. Mr. PETTIT. He was right, and he ought to have done so. Mr. BELL. 1 cannot agree with the Senator; but I say to him frankly that occasions may arise ■when I would be as little disposed to yield to prejudices as any man in or out of this Chamber, especially when these prejudices are sectional, and when any great wrong or injustice shall be done by one section of the Union to another. In such a case, should time and chance offer an opportu- nity of redress, then I would take the risk of deepening and defying those prejudices. I know it may be said that this is precisely such a case aa I have here presented. A great wrong, it is alleged, has been done to the South by the Mis- souri compromise, and chance has presented the opportunity for redress; and this brings up fairly the inquiry, whether the passage of this bill is of such importance to the interests of the South that every southern Senator should support it, what- ever scruples he may have in relation to some of its provisions? What has the South to gain by the adoption of this measure ? Will the passage of this bill redress any wrong or injustice here- tofore done by the North to the South ? I have already admitted that injustice was done to the South bv the Missouri compromise; but, after all, what was the extent of that injustice? I take it for granted that there is not a man who has ever considered those laws which in this country control the geographical extension or dift'usion of slavery, who will pretend that if the Missouri compromise act had never been passed slavery would have gone north of the northern boundary of Missouri. Then the whole extent of the wrong done the South by that measure was to prohibit slavery between that boundary and the line of 36° 30'; and not even to that ex- tent, unless it shall turn out that this interme- diate territory is adapted to slave labor. In this intermediate territory all will agree that such is the character of the country generally — so larsfe a portion of it consisting of sterile desert — that but one slave State could, under any circum- stances, be formed within its limits. Now, this being the extent of the wrong done the South by the Missouri compromise, will this bill, if it shall pass, redress it? Will slavery be established in the Kansas Territory proposed to be organized under its provisions? Does any one, who has fully considered the subject, believe that this Ter- ritory will become a slave State? I have inquired with some diligence into the grounds upon which any expectation which may exist in the South, that slavery will be established in this Territory, is founded. A few gentlemen with v/hom I have conversed think that it may, but the greater number, with more reason, concur in the opinion that it never will. A few house- hold and other slaves may be taken into the Ter- ritory of Kansas, if this bill shall pass, for the convenience of their labor in opening and prepar- ing for cultivation new farms, and with a vae:ue expectation that slavery may be authorized. Bat as the Territory does not revert to the condition of slave territory by the provisions of this bill but few will take that risk. The great uncertainty as to what the sentiment of the majority of tlM settlers on the question of slavery or no slavery will be, or rather the probabilit}' that slavery will be prohibited, will deter every prudent slaveholder from emigrating to the Territory with liis slaves; especially as they will see that the strongest tide of immigration will flow in from the North, and from abroad, bringing with them all their anti- slavery prejudices. Asrain, the slaveholder will know, that, should theTerritorial Legislaturesanction slavery, yet that the ordeal of admission into the Union as a State will still have to be passed before he will feel secure in his property. The example of Missouri would 15 be before him. Besides, there will be no great inducement in the location or chariicter of the soil to take slaves there. The princi|ial settlements will be upon the best lands, and those will be found upon or near the great lines of immigration to California and Oregon; and the most profitable and marketaljle products will be jnst such as can be grown more cheaply by free labor — breadstuds and live stock. I am informed that many of the slaveholders of Missouri are now seeking a more genial clime, and a soil better adapted to slave labor in the broad and rich domain of Texas; and it will not be long after Kan.sas shall become a free Kiate, that Missouri, bounded on three sides by free States, will cease to be a slave State. And this, sir, will most probably be the measure of the redress which the South will derive from this bill for any wrong or injustice done it by the Missouri compromise. But it is earnestly insisted that the principle of non-intervention, proposed to be established by this bill, will be of the greatest value and import- ance to the South, whether slavery shall be author- ized in these Territories or not. it will secure the just rights of the South in ail timN to come. I have already shown that you can establish per- manently no principle by this bill. But I will assume that the vote which may be given on the passage of this bill, giving the sanction of Con- gress to the principle of non-intervention, shall stand unrepealed, and become the established doc- trine of the country; still the question recurs, of what practical value will it be to the South.' Does any southern man suppose that slavery will ever go into any of the Territories which , at any future time, may be carved out of the large extent of country included within the bounds of tiie Ne- braska Territory, as proposed to be organized by this bill.' I take it for granted that no such idea is entertained by any one. Where is the other and remaining territory of the United States to which this principle of non-intervention can be made available, or of any value to the South! The territory we.=!t of Arkansas will be more irrev- ocably dedicated to the exclusive possession of the Indians, and more efiectually barred a;;ainst the formation of a new slave State, under the opera- tion of this bill, than heretofore; for it will be the last and only retreat of the emigrant and other tribes now in the territory west of Missouri. Utah and New Mexico are already organized Territo- ries, according to the principle of non-interven- tion. The right to form new slave States out of the ample territory of Texas is guarantied liy a compact far safer and stronger than any which Congress can furnish by giving its sanction to this measure. There is a little spot of hopeles.sly barren coun- try, of some few thousand square miles in extent, ceded to the United States by Texas, under a pro- vision of the compromise acts of 1850, to which ; this principle of non-intervention, if established, may be applied, if it can be safely done without violating the compact under which Texas came into the Union, and that is all ! And is it for this poor boon — if my friends will allow the expres- sion — this phantom ! that we are called upon to sanction a measure which will impart new life and - vigor — arm with new heads and fan£:s, the now half-conquered Hydra of the North? Is it for this! that we are called upon to give promise of a better day to those political agitators at the North, who have staked their whole fortunes and hopes of [lower upon the siicce.ssful furniaiioii of a great northern and sectional party — the last and most fatal evil that can befall the country; for its con- summation will be the destruction of the Consti- tution and the extinction of public liberty.' Is it for this! that we are called upon to supply new wea|)ons of warfare to all the enemies i>f th« South; and to invite a combination of Whig Free-Soilers, Soft Shell and Independent Demo- crats, Liberty Men, Abolitionists, Socialists, and Atheists, founded ufion no common principle but hostility to the South — no common object out ihs acquisition of power and the spoils? But, Mr. President, it is said that we may malte acquisitions of territory hereafter — perhaps from Mexico — and that then the South will have the benefit of the [irinciple of non-intervention recog- nized in this bill. 1 fear, sir, that this, too, will prove a phantom; but if ever any such acquisition of new territory shall be made — and I hope th« date of such acquisitions will be far in the future — 1 trust it will be under the influence of some great national and patriotic impulse — prompted by con- siderations of a common interest, and a policy which knows no North, no South; and these will furnish far stronger guarantees of the rights of tb« South in any such acquisitions, than any vote of Congress in favor of this measure. But if it be deemed of any — the slightest — importance to any future interest of the South that the sentiment of this Congress shall be expressed in favor of the principle of non-intervention, why not bring for- ward a joint resolution declaratory of the principle? 1 have already said that there is no dilTerence between myself and my southern friends in rela- tion to this principle. I will vote for such a reso- ution most cheerfully. I have said already, and 1 repeat, that if I could take the view of the im- portance of this measure to the country which my southern friends do — cutting olT the source of ail future controversy between the North and the South — putting an end to agitiuion in both sec- tions upon the subject of slavery — I would feel justified in waiving tdl my objections to this bill, and in uniting heartily with them in its support. We difler only as to the results of the measure. Sir, a reason has been urged why every south- ern Senator should support this bill which I have not yet noticed. A great, truly national, and pat- riotic party, it is suggested, is now in the ascend- ency at the North, which makes a voluntary tender of the principle of non-intervention to ih« acceptance of the South, to be a rule by which all questions relating to slavery in the Territories may hereafter be settled; and it is insisted that a sense of gratitude, if nothing else, should rally the whole South in its support. I ackowledgetKe obligation for their generous intentions; butunlees some more certain and .substantial benefit can be derived from the provi-sions of this bill than I can detect, I think our gratitude to those gentlemen of the North who have stood so generously and boldly by the South in sustaining the compromise acts of 1850, as well as those who are now pre- pared to sustain the provisions of this bill, will be best shown by accepting nothing, insisting upon nothing, that can imperil their present ascendency. As a southern man, 1 would desire to husband all heir strength. The time may come, the occasion 16 may not be far distant, when their unbroken en- ergies may be required in sustaining measures and interests of the greatest practical advantage to the whole country. 1 have heard it suggested by southern gentle- men that we may want Cuba. Ah! sir, Cuba. Had this troubling of the bitter waters of sectional strife been a movement, not for the acquisition of Cuba by conquest, but for the preservation of Cuba as she is — had it been a movement to main- tain the principle of non-intervention against the intermeddling policy of Great Britain and France in the affairs of that beautiful island, and to pre- serve it agamst the fate to which it seems to be verging — thatofbecominga semi-barbarous power — a second Hayti, just upon oursouthern borders; I repeat, had this been a movement to prevent such a catastrophe as that, 1 would have been pre- pared to give it my cordial support. Mr. President, unless all the signs of the times are deceptive, we are, at this moment, on the eve of great events. A war between the great Powers of Europe seems to be inevitable; and a general convulsion of the Old World seems not improb- able. In either event, none but the Omniscient Ruler of all things can know how we are to escape the general calamity; or how soon we may be forced, in vindication of our national rights, to | it; but, sir, 1 have not, and must take my seat. become p LIBRARY OF CONGRESS the this greai 011 897 779 8 ^ited, will not be luriner ueveiupeu uy jjiuLccuingS on their part which can no longer be patiently sub- mitted to. It is for this reason, among others, that 1 so deeply regret the recurrence of any cause for the renewal of those fierce sectional cor.lroversiea which tend so much to distract the national coun- cils and impair the national energies. The North and the South united, and cordial in tlie vindica- tion of a national quarrel, this country has nothing to fear from any conflict with foreign Powers, come when it may. . Mr. President, i had proposed, if I had strength, to say something more on the suliject of this dan- gerous element of national discord — slavery agita- tion. I should like, if I had strength, to speak of the true method of chaining down this dragon which besets our path, and interposes a barrier to the development of a civilization v.'hich might finally bring all the world to admire and imitate Printed at ttie Congressional Globe Office. /^** UBRARYOFCOMGRESS 011897 779 8