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SPEECH

OF

HON. MOSES B. COKWIN, OF OHIO,

ON THE PROPOSITION

TO ADMIT CALIFORNIA AS A STATE INTO THE UNION.

PELIVERF.D

IN THE HOUSE OP REPRESENTATIVES, APRIL 9, 1850.

WASHINGTON:
PRINTED AT THE CONGRESSIONAL GLOBE OTTICE.
1850

Cr33 I
IZSOs

ADMISSION OF CALIFORNIA.

The Houss being in Committee of the Whole
(Mr. Boyd in the chair) on the President's Cali
fornia message,
Mr. CORWIN said:
Mr. Chairman: I desire to submit a few re
marks on the message of the President of the
United States on the subject of the admission of
California as a State in this Union. I am aware ;
that this subject, since the introduction of the
message, has been very lengthily and ably dis
cussed; and were it not for a wish that I entertain,
that the committee should be fully apprised of the
feelings and sentiments which my constituents
entertain on this subject, I should most willingly
content myself with giving a silent vote on the
question. I understand, Mr. Chairman, that it is not
claimed by those opposed to the 8 d mission of Cal
ifornia, that their constitution accompanying the
message is in itself objectionable, or that it is not
republican in its character, and that, so far a3 the
constitution alone is concerned, no objection is
raised to it. But it is claimed on the other side,
first, that the people of California were not author
ized to form a constitution; and, second, that before j
California can be admitted as a State, the ques
tion about the further extension of negro slavery
must be settled in such manner as to give to the
slave States an equilibrium, as they are pleased to
define it, or (I suppose they mean) an equal number
of States where slavery h tolerated, with the free
States, where free labor alone is brought into re
quisition. I will endeavor to answer these two
objections. First, then, I lay it down as a propo
sition, that cannot be successfully refuted, that no
such principles are" found in the Constitution of
the United States; but on the contrary, from the
direct and positive action of those who framed ¦.
the Constitution, together with the legislation im
mediately after its adoption, and that, too, by a
great number of the very men who framed it — a
principle directly the reve.-se was intended by that
illustrious band of patriots.
Be it remembered, that at the time of the adop
tion of the Constitution, a majority of the States
were then free Slates. Let it also be borne in j
mind, that the territory northwest of the Ohio ;
river embraced every foot of terrritory no", em- :
braced in some one of the Sutes then owned by
this Government. In this territory slavery was J
prohibited by the ordinance of 1767, which was ;
recognized, and its binding force re'enacted by the
first Congress assembled after the adoption of the

Constitution. Now, will any sane man seriously
contend that an equilibrium of the free States and
the slave States was contemplated, or ever entered
into the minds of those who established this Gov
ernment? The idea is preposterous. As the free
States were then in the majority, and as it wag
then known that this territory would speedily be
formed into from three to five more States, and
they all free, how could the equilibrium, so
stroiigly insisted on, ever have entered into the
minds of the fathers of this Government? The
whole history of that period shows a totally dif
ferent state of things. Virginia, and several other
of the slave States, were then endeavoring to
adopt ways and means to gradually do away with
the institution of slavery entirely. I would, then,
seriously ask gentlemen of the South — they being
largely in the minority — upon what principle of
law, equity, or good conscience, they can now so
earnestly contend for the adoption of a principle
not founded in the Constitution, and which is in
direct violation and contravention of the express
actions and declarations of those who formed and
adopted it?
But it is again contended that California was not
authorized to form a constitution for herself with
out a speciul dispensation from this honorable body;
that it wai theirduty to have put themselves under
our instruction and direction for at least a " Utile
season" — how long is not positively asserted. The
gentlemen from Virginia and North Carolina ap
pear to think that the people of California are
neither good Whigs nor Democrats, but a kind of
renegade, motley crew, assembled there from the
islands of the sea and other remote parts of the
habitable world, and that until wc civilized and
pious people take them in hand and furbish them
up a little, they v ill be a disgrace to our Govern
ment. How the gentlemen may have arrived at
these conclusions, I am not positivelyadvised. It
may be, they have each made a pilgrimage to the
habitations of these uncirewncised Philistines, aa
well to see the country generally as to make ne
cessary and proper arrangements for the further
ance of the interests of their " peculiar institu
tions;" or perhaps they may have taken for true
the report of some southern traveler to that distant
region. Bo their sources of information on that
subject what they may, 1 think 1 am warranted
in saying, that each of the gentlemen is egre-
giously mistaken, in this behalf. Why, sir, so far
from such a state of ignorance and crude notions
of government existing among the people of Cali
fornia, F will hazard the assertion, that the con-

stitution formed, and universally adopted by them,
now on your table, will not suffer in comparison
with most, if not all, of the constitutions of the
different States of this Union. Indeed, I think I
may safely say, that in its general features and
bearing, it is far, very far, superior to the consti
tutions of several or the States with which I am
in some small degree acquainted . Well, sir, this
is the first effort of the people of California to form
a government for themselves, and it is certainly
deserving of all praise and commendation. With
euch a constitution as their organic law, and such
proper legislation by the State as its liberal prin
ciples expressly authorize, California must and
will become one of the most prominent States of
this Union. And all this, sir, is the work of those
rude and uncivilized people from the islands of the •
seas, and other remote parts of God's creation, so
graphically described by the gentleman from North
Carolina. Mr. Chairman, I have never been to California
myself, and suppose I never shall visit that coun
try; but, sir, I have had the pleasure of the ac
quaintance and society of a number of gentlemen
who have permanently settled there. I have also
paid some small attention to the general accounts
given by gentlemen who have been there, and are
well acquainted with the general character, intelli
gence, and business of the people of California;
and I think I am not saying too much when 1
make the broad assertion, that take the whole pop
ulation of California together, and a more enter-
E rising, industrious, and intelligent people cannot
e found in this Union. They have become a very
numerous and a very thriving people, almost as
by magic. But yesterday, and California was but
a very sparsely settled country; to-day, she em
braces a population of near two hundred thousand
of as honest, faithful, and patriotic people as live
upon the face of the earth. And these are the
people, say southern gentlemen, who need our in
struction in the management of their affairs ! I
suppose myself that the gentlemen have been so
constantly and earnestly engaged in trying to de
vise ways and means to prevent northern aggres
sion, which is constantly sounding in our ears, and
also in preserving inviolate their peculiar institu
tions, that they have not yet had sufficient time
and opportunity to properly ascertain the true
character of the people of California; for I am
certain, if they had properly understood it, a dif
ferent account would have been given by them.
Again: it is urged by those opposed to the ad
mission of California, that the practice of the Gen
eral Government always has been to establish
territorial governments in the first place, and that
afterward, when the population became sufficiently
numerous, to admit the Territory as a State into
the Union, and that inasmuch as California has
not passed through this course of discipline, she
must be sent back to commence her work de novo.
I admit that this course has prevailed to some ex
tent in our new territories; but 1 deny that it has
been the invariable practice of the Government in
all such cases. Michigan and Tennessee were
both admitted into the Union as sovereign and in
dependent States, without any special law of Con
gress authorizing them to form a State constitu
tion. There is no part of the Constitution that
requires this action, either on the part of Congress
or the people. Most of our territories heretofore

have been slowly Fettled, and frequently for years
the population has been too small, and scattered
over too "real an extent of country, to permit them
to organize a State government. Hence the ne
cessity of territorial governments. But it is a rule
that has never been departed from since the for
mation of this Government, that so soon as the
Papulation of any and all our territories become
sufficiently numerous to carry on a State govern
ment, to admit them as States, on their making
application. It will hardly be contended that the
people of California are not yet sufficiently nu
merous to enable them to maintain a State govern
ment. And astheyhave fairlyand honestly formed
a State constitution, which they have presented to
, us, and ask for admission as a State, and as that
: constitution is purely republican in its principles,
i our duty as members of Congress is clear and ex
plicit. We must admit them as a State, or sig-
! rally fail to perform our duty, as the last Con-
' gress most unquestionably did in not granting to
I them a territorial government, which they then
| asked for.
Mr. Chairman, the treaty we made with Mex
ico, by which we acquired the country, absolutely
! binds us to afford to the people of California all
' the privileges and advantages enjoyed by the peo-
| pie of the United States. How can this be done,
| unless we throw around them the shield of our
i Constitution? But it is asserted by gentlemen, both here and in
, the other end of this Capitol, that before California
can ever be admitted as a State, certain compro
mises must be made, by which the rights of the
slaveholdiog States shall be acknowledged and .
protected. Mr. Chairman, I desire seriousljrand
soberly to reason a little with southern gentlemen
in regard to this matter of compromise, so earn
estly insisted on by my southern friends. I have
always made it an invariable rule, in the discharge
of my professional duty, to urge upon my client's
the advantage of compromise, in all cases where I
believed there was a legal or equitable claim of
any kind existing against them; and I would now,
I if I believed the free States were either legally or
! equitably bound tb give to the slave States any
I part or parcel of what they demand of us, say to
' them, at once, settle this business without any
j further contention about it.
But, sir, 1 have carefully examined your bill of
i particulars, and every count in your declaration,
' both general and special, and unhesitatingly pro-
' nounce it bad on demur. But lest I might be
! thought unwilling to go to trial on the merits, I will
. file the general issue, and at once go to the co.fimit-
| tee, who are the real jury in this case. In support
i of this plea, I will again urge upon the consideration
of the committee, that at the adoption of the Con-
I stitution, by the several States, the free States
j were in the majority; and that there is not one
i word or sentence in the Constitution that even
; looks toward the creation of any more slave States.
! That since then, by the purchase of Louisiana
| and Florida, the annexation of Texas, and the
,| creation of the States of Kentucky, Tennessee,
I Mississippi, and Alabama, in all of which slavery
I: existed at the time we received them, nine
I slave States have been admitted — the free States
j; all the time being in the majority. Thi3, on the
]' part of the free States, has been a special act of
'' grace and favor, inasmuch as there has been at

no time any constitutional obligation resting on

them to admit them as slave States. The annex
ation of Texas was procured solely to add to the
number of slave States, because slavery existed
there at the time it was annexed; and this great re
gion of slave territory was added to this Union by
the aid of the votes of the free States. And here
I will remark to southern gentlemen, that you
were warned, at the time of this annexation, that
it would result in a war with Mexico, and if so,
and any further territory should be acquired from
Mexico by reason of that war, that the territory
thus acquired should be, and forever remain, free.
The Representatives from the. free States gave you
legal notice of this in both branches of Congress.
Well, sir, after the service of this notice on Mr.
Polk and his confederates, they run the risk of
bringing U3 to their own terms ultimately, and
speedily waged this war, solely and exclusively
for the purpose of conquest, in order, as an
nounced by the Charleston Mercury, that the slave
power might be in the ascendant for all time to
come. Well, sir. the real issue now is, are we of
the free States, who are largely in the majority,
after having given legal notice of our determina
tion before the commencement of this war of con
quest, that if you acquired territory it should
remain forever free— are we now bound in law,
equity, or good conscience, to withdraw our plea,
and suffer judgment to be entered against us by
default? 1 tell you we shall do no such thing; our
defence is a just and righteous one, and will be
maintained by us to the " bitter end," speaking
after the manner of the venerable editor of the Union.
I think, therefore, Mr. Chairman, that I have
proved clearly from the record, which is the high
est species of evidence known to the law, that
before and at the time of the commencement of this
war for conquest, we gave the South full and ample
notice that we desired no part nor lot in this mat
ter; that we desired no further addition to our ter
ritory; and that if any additional territory should
be acquired, it should be free, and never pol
luted with the curse of negro slavery. The friends
of the war well knew that the whole country they
designed to subjugate was free, and that slavery
had been abolished there by the Government of
Mexico. They were also well aware, that if they
acquired the country, it then being free, that
slavery never could exist there, except by direct
legislation, and that such legislation never could be
accomplished, but by the aid of the votes of the
free States, who, as before remarked, had given
them notice that such votes never would be given,
under any circumstances.
Now, Mr. Chairman, I make a direct appeal to
my southern friends, and especially to the gentle
men of the legal profession, whether you would
not, if called on professionally by any man or set of I
men, having a demand of any kind situated as is
the case"! have just stated— whether you would not
be compelled at once to say to them, you have no
cause of action, either in law or equity, and if I
commence suit for you I shall be compelled to go
out of court, and you will have a heavy bill of
costs to pay? How can you, then, now seriously
ask us to do what we always told you we never
could nor ever would do ? ....
But, Mr. Chairman, there is much subtilty and
political stratagem made use of, both in this as
well as the other er,d of this Capitol, in order to

put the free States off their guard, and by this
means be enabled to accomplish what they in
reality are afraid publicly to avow. A very dis
tinguished Senator from one of the free States, a
few days since, when speaking on this 3ubject,
some how or other got it into his head that this
thing of tryinz to guard against the further exten
sion of slavery was entirely a work of superero
gation on our part, and contended, with his usual
eloquence and ability, that the God of nature had
already done all that was necessary to be done in
this matter, and that we poor frail "dust and ashes"
ought not to trouble our heads about it. Indeed,
he indirectly hinted to us that any further action
on our part in this business, would be a kind of
Heaven-daring work. Well, Mr. Chairman, that
spirit by which the distinguished Senator was ac
tuated at the time he made this very important dis
covery appears to be contagious to some extent;
at least divers of that honorable body suddenly be
came affected with the same spirit, and the disease
has very recently made its appearance in this
House to some extent, though I hope we shall not
all fall victims to it. lflbenot very much mistaken,
there will be found a very respectable band of
patriots in this House, who have taken such neces
sary precautions as to be forever safe from the
ravages of this late strange and mysterious political
distemper. There are yet living in the free Statesa
few old men, and a host of younger ones, who have
somewhere read a little about the history of Mexico
when it was owned and governed by old Spain.
They have also read a little about the revolution in
Mexico, and her final independence of the mother
country, and the establishment of an independent
government. They have also looked a little into
the geography of Mexico, and find that California
and New Mexico were part and parcel of the
Mexican territory. They also find from the his
tory of that same country, that negro slavery did
exist in these identical countries from a very early
period up to the year 1S24, when it was abolished.
not by the act of God, but by the direct action of
the Mexican Government. Since the distinguished
Senator and his satellites have assumed this novel
position, I have endeavored, with whatever lights I
could get on the subject, to ascertain whether the
geography of that country has been materially
changed since 1624 and 1828 and since then, and I
am led to the conclusion that it is now just about
as it used to be. Slave laborcan be employed now
just as it was before slavery was abolished there.
If indeed it cannot be, and it is absolutely true
that the Lord has so formed the country that slaves
cannot be taken there, I would, with all seriousness
and candor, inquire of my southern friends what
possible motive they can have in urging upon us to
grant them the privilege to do so? Conduct of
this description may be very fitly compared to the
sayings of the old serpent in beguiling our mother
Eve.

I may perhaps, sir, be mistaken in regard to the
real objects of the slave States in this matter; but
from a careful survey of their sayings nnd doings
since the commencement of this session, 1 am
irresistibly led to the conclusion that the establish
ment of slavery in the whole of the newly-acquired
territory is their ultimate object. They may pos
sibly succeed; but I will positively assure them ili
advance, that it shall never be done by the aid of
my vote in any event whatever. I will now say

to my friends from ihe slavcholding States, thut by ! moment thought of forming a Northern Confeder-
rtason of ihe piCM'nt order of things I am com- ' ncy. It was al-->o an e.v-.lusivcslavt'holdiny mca;-
pelled to yield to them the free and uninterrupted > tire by which Texas was annexed to this Union,
enjoyment of the institution nf nnjm sUivrry in . by which territory sulEcii 'istly l'n':;c for live Smv-.<
all the States where it now exists. It is a matter was ccilei', where shimi'v then cvisted, arid was .vie
over which you have the entire and exclusive con- ¦ is permitted to exist; ami yet, with all the feelings
trol and management, and neither myself nor my of' the North against the further extension of
constituents ever h.'.ve, or ever will, molest you in slavery, the thought of finning » Northern Confed-
the enjoyment of this slavery institution : ilo the ' erncy was never even spoken of. We caimly and
best you can with it, and we shall lie therewith con- ;. patriotically sub-nitted to this evil, because ti Major-
lent. But at the same time you may rest per- I iiy had brought it on u<. We men 01 the Nortr.
fectly satisfied that, we slnll now, and at all times T have always said, and yet say, that a majority
hereafter, lie found rigidly opposing any and every |j should govern us, and we only de3ire that the
measure that_ may have for its object the nddi- same rule be adhered to by our southern brethren.
tion of one foot more of slave territory to this j It is now said that it has become necessary, in the
U"'on- ;! course of " human events," for the Congress of
Mr. Chairman, ever <™cu 'he commencement of '.' the United States_io pass a law, making it the irn-
this discussion our ears have daily been saluted :, perativeduty of every man, woman, and child, resi-
with the cry of the great aggression of the North i ding in the free States, to hold themselves in perpet-
upon the business and prospects of the people of ;. tual readiness, armed cap-a-pie, to join cur southern
the boutn. It would seem from the declarations ;, friends in a general " hue and cry?' in chasing run-
made by gentlemen, as if they really believed that |i away negroes, and that in default, of our perform-
tne people of the free States had actually entered '¦'¦ ance of this most " pious and holy duty," we shall
into a ' solemn leagv.e and covenant" to utterly dis- ;j be subjected to fine and imprisonment. I am ir-
irancnise the whole South; that the abolition of ;! structed that a bill containing at least some of these
this odious institution in the States where it now ' provisions has already been reported in the other
nxis^, was determined on by the people of the House of this Congress. Well, Mr. Chairman,
tree states. Now permit me to assure gentlemen, '. if this political disease should affect a sufficien'
!L;n-y,£rei?!r78,erl0U» ;n.av?winS antl enter- i number of the members of this Congress to insure
rf""i "5 ' be!'e". that "' theirfears <">d anticipa- ;; its passage, we must not rebel. We shall, in that
tion i have not the smallest foundation in fact. | event, try and "possess our souls in patience,"
hl,Z?JW?',Sih}0p?' or0exPe°*tion entertained . having an abiding faith » that the time of our de-
&™ F? ° °f th! free S?ate3 t0.meJdl« '« ™y Iterance drawetl! nigh." The c.ominz elections
fe ?f IT m '¦' y?Hf ,nw,tn'w" of d""T- fol' »«»be« of this House will be « a%overX -
hh^l ' ¦ ,a ' tS Pr,v,leSes *"<* advantages, if |, balm for all our wounds." But, Mr. Chairman
ust wT,enUvonS S/f," y°A ^V ??t ^ H Under "° SMe °f tl,e <*«• wi» *» •»« ™°'
tlhlZ-l*, *P ,P-1 ' Md We Sua"ube there- i moment tnink ofa dissolution of this glorious
uTf,wf S°Je *"?'' /xc'us've cont''°l as !. Union, the act of Congress of 1793, on tuesubiec-
belL/fte„b°d,e3Ra-,he mrlnds °fs° man7 h,,nlan i; of ^capturing slaves, I believe, hi 'bee fai hfuHy
beings for a succession of ages past, or for some |! observed, and in most, if not all the State" a w,
nead^thaTfo/the "eonl^'TV^? '^l™ !! have bee" eaacted in aid o Ahe gen e ^ law of Co"
neads that foi the people in the free States to form gress. The Supreme Court, however in their recen'
or express an opinion in regard to the morality or ! decision in the case inPennsXnia have aeE'
E^oVSFn^FZ^rZ**0*** !»« these laws unconstitutional and v d, hen e
™JTS Ar P. P'e °f he Uni ,ted States' 1S a •' they are a» inoperative. But, Mr. Chairman I
positive and direct aggression on the rights of the ' take upon myself to speak for he whole 7f the
w^f'thp^UHreTerS,eIthl"Slahttte'andsuPPOS0 0,d Northwestern Territory on th.sTubjeet no v
woof the Nor h should say that you slaveholders I embracing the States of Ohio, Sdi™ IBinoU
have no rignt to trunk or speak one word on the ¦; Michigan" and Wisconsin I have soent'llmv
ZiwLi tneProlectr "}at ^ believe should .• life in W western parad se, and I X u upon
be given to our manufacturing interests, and that ;! me to say, without any fear of successtVUconUa
a.uJh"',™„d!^t a"d Pr S'tlV-e a?Sression *y the i; <^'i°»> that the owners^fsfavLvX have beer
Vorth-ft,^™?* *euftar intfhrfton," of the ;, found in either of those States Lv^e always had
2i!l1!rn™ t0Say "J*' We have Peculial' I the ful1 b«="^>t of all the provisions of fne ac o'
isfl?SS;S£Si3Sa
Well, now, in truth and in fact, more has been aM

stan^s^tve X^^X^SSTT. elobstf^n thef5"'^ W°UM W *"-&
never complained of Juthern agression .'t Jl \l Z^ly^ W.^TSSS^^Sv

Ciiargoih.e with assisting your negroes to escape.
We are a law-abiding people. There never was,
rior ever will be, any such thin? as nullification
rfr.own nmongst us.
I. Will now say to southern £<>ntlemeii, that
inasmuch as you have had the reins of the Gov
ernment in your hands for about fifty years,
we of .the free States are going to have a kind of
political "jubilee;" or, to' speak more direct and
explicit, we are going to stand at the helm our
selves, at leastfora season; and we lay down this
general principle in advance, which is, that no
more slave territory shall, in any event, ever be
added to this Union. Use every part and parcel .
of slave territory you now pcssess.just in such j
way and manner as shall seem right to you, and I j
will give good bonds, with approved security, that
you will never be molested by the people of the [
free States. You have already more wild and un- j
cultivated lands in Mississippi, Alabama, Loui
siana, Florida, and Texas, than you can possibly
bring into cultivation in ten generations to come.
As your slaves may increase in number, increase
in like manner the amount of your cleared lands.
Until this disunion spirit began to prevail amongst
you, we of the free States believed you were adopt
ing a policy which, if you carry it out, will be .
productive of almost incalculable advantage to ,
you. You have in Georgia, Mississippi, and '
several other of the slave States, commenced the !
improvement of your almost unsurpassed water- j
power, by the erection of mills of every kind, and '
amongst others, a part for the manufacture of;
cotton — your staple commodity. Pursue this I
policy and all will be well. By diversifying the ,
labor of your slaves and yourselves, erecting fac
tories of all kinds, wherever water-power can be I
obtained, you will speedily be enabled to become j
the producers of the raw material, the manufactu- j
rers and the consumers of so much as you may
require, and become exporters of whatever surplus
you may have. At as early a period as may
be practicable, adopt proper measures to bring
about the gradual emancipation of slavery. In the
mean time, proper arrangements will certainly be
made for removing the colored population to
Africa, their native country; and in this way all
will be peace, happiness, and universal prosperity.

| By adopting a policy of this, or any like descrip-
I tion, you will find the cordial and efficient aid and
] assistance of every free State in this Union. We
i will aid you by counsel and advice, and if need be
j by our c*piu\l. In short, no exertion on our part
, shall be wanting, to bring about this peaceful,
j prosperous, and happy state of things. But if, on
I the contrary, you continue to persist in your
| Southern Convention, and continue to preach the
j doctrine of secession from the Union, I tell you
| here this day, in my place, as a member of the
I 31st Congress, that almost untold of and unheard
j of war and misery will be your inevitable doom.
i Divest yourselves of the shield and protection
thrown around you by the Constitution of the
United States, and the time will be near at hand
when you will sink low, very low, in the scale of
| nations. The whole Christian world will be
| arrayed against you on the subject of slavery.
¦ The whole moral force of every civilized nation
I upon the face of the earth, is now arrayed against
! it. How can you, then, reasonably look for their
sympathies? You may, but I tell you, you will
look in vain. Secede from this Union, and in less
than sixty days the free States will be perfectly
overrun with your runaway negroes. The Con
stitution of the United States, and the act of
Congress of 1793, will then avail you nothing in
their recapture, but, on the contrary, when you
are found pursuing them in the free States, collis
ion will inevitably ensue, and bloodshed, death,
and carnage, will be spread all over the land. I
exhort you, therefore, in patriotism, but with
meekness and humility, to at once abandon all idea
of a Southern Convention. Let us all forget that
we have'heard the ^odious word dissolution, pro
nounced in this Hall. Let us speedily set about
the work of necessary legislation, for which pur
pose we were sent here, and for nothing else.
And now, Mr. Chairman, I will say, in conclu
sion, that if we adopt a course such as I have
feebly indicated, and be careful both to forget and
to forgive all and everything that has heretofore
been said or done about the institution of slavery,
I will fearlessly venture to assert, that neither
principalities nor powers, nor things present or
things to come, shall ever be able to dissolve this
glorious Union.

YALE UNIVERSITY LIBRARY

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