JUNE, 1848.] Oregon Territorial Bill. [30TH CONG, ted that there was a section of the country | now asserted, that in the teeth of this comprowhere slave property was considered necessary, mise, Congress has no power to exclude slavery but in what he had said he had no reference to in any of the Territories of the United States. these States. He depicted the advantages It was now insisted that there was in Congress which would result from the substitution of no power whatever to interfere in this quesindependent for slave labor, both as to indi-tion. Before he could give his assent to this vidual interest and national character. new doctrine, he must be permitted to examine it. There was nothing in the soil, climate, or productiveness of Oregon, to render slave labor indispensable. But it could be profitably employed there, as in every new country, for a short time. And he asked, would it not be unwise to decline to prohibit slavery in a Territory where it could not long continue to exist, and where it must ultimately wear out in the competition with free labor? If we strike out the 12th section, we say that slavery may exist in Oregon, unless the Territorial Government shall re-enact the prohibition of it. Such he considered to be its effect. He read the section, and assumed that the part of that section which provides that the laws existing in Oregon shall continue in force, must operate as an exclusion of slavery full as effectually as if the amend ment suggested by the Senator from New Hampshire (Mr. HALE) had been adopted. He referred to the positions he laid down in the discussion of the three million bill, which he still held. The principle of these positions was, that we are bound to take a territory as we find it if we find slavery there, we ought not to abolish it-if we find that no slavery exists there, we ought not to introduce it so long as it continues to be in the condition of a Territory; and that we have no power over the regulation of the subject as soon as the Territory becomes a State. He still maintained these views. Mr. CALHOUN said, if the discussion was to continue, he thought it would be better to continue it on this amendment. He was not now prepared to go into the debate himself; but if no other Senator was now prepared to go on, he would wish the bill to go over until to-morrow morning, when he would be prepared to deliver his views. He went on to say, that it was too late now to set up this objection, because it was a question settled by the legislation of the country from the adoption of the constitution to this day. The acquisition of territory brought with it the power to govern it. The power of Congress over it is unqualified and unlimited. If Congress possess the general power of legislation in relation to Territories, it has the same. power as the State Governments have over their territory. If there are any restrictions on this power, he called on Senators to point out the clause in the constitution which contains them. There is no restriction, unless it be one arising from the subject itself. He admitted that all the powers of Government are held in trust; but there is no analogy between this and a common legal trust. No two things are wider than a legislative power and a legal trust: the former involves a large amount of discretion. The analogy drawn between the Government and a corporation was well enough in principle, but it had no application in this case. He examined the character of slave property, which had its origin in domestic relations; it is merely an incident to the relation between parent and child, and a still closer incident to the relation between master and servant; it is analogous to the relation between master and apprentice; it can exist nowhere where that relation does not exist. The right of the citizen to remove his property into any other State is fully admitted; but the citizen, when he removes his property to another State, takes it there subject to the local laws of that State. Does not this hold good as to all property? This is a species of property which is not recognized everywhere as such: the citizen can remove property which is everywhere recognized as such, but he has no right to carry a peculiar kind of property, only recognized as such in his own State. If he has a right to carry this property, how is it that he can lose his title to it? It is not so as to goods and merchandise, which are recognized and respected everywhere. You may carry pro-your property where you please, but it must be subject to the jurisdiction of the State where he selects his residence. This slave property is incident to a peculiar institution which is permitted in particular States, but is not permitted to exist in others. If you take it into those States in which it is not permitted to exist, how is it to stand against the power of local legislation? The motion was agreed to, and the further consideration of the bill was then postponed. THURSDAY, June 29. On motion of Mr. BRIGHT, the Senate ceeded to the consideration of the bill to establish a Territorial Government in Oregon. The question being on the motion of Mr. DAVIS, of Mississippi, to amend the bill Mr. PHELPS said it was not his purpose, when the debate commenced, to take any part in this debate, which he regarded as dangerous; but he had changed his purpose, in consequence of the points which had been taken by Senators. He took a view of the character of the Missouri compromise, and stated that it was But it is still further insisted that the South has the power to carry its property into any other State, and to hold it in defiance of local 1ST SESS.] Message from the President-Peace with Mexico. legislation. Admit this, and the power is yielded to spread slavery over any territory you may acquire; and wherever the area of freedom is to be extended, the standard of slavery must be carried with it. Against this, he must enter his protest. Before he could admit this doctrine, he must see the clause which ties up his hands. It had been said, the constitution recognizes this description of property. The constitution speaks of persons "held to service," but it is silent as to their being property. He denied that what was incident to a domestic relation, and ceased when the institution ceased, could be regarded as property. The regulation which binds master to slave is confined to the State ⚫ in which that relation exists, but cannot extend beyond it. But where did Southern Senators find the clause authorizing the extension of this institution, by the introduction of slavery in States whose local legislation is opposed to it? The claim is asserted to introduce slavery into Oregon he would like to know on what basis it rested. The master, when he takes his slave into a free State, emancipates him, whether he will or not. It depends not on his will, but on the local laws of the State into which he has carried his slave. : [JULY, 1848. The war in which our country was reluctantly in volved, in the necessary vindication of the national rights and honor, has been thus terminated; and I congratulate Congress, and our common constituents, upon the restoration of an honorable peace. The extensive and valuable territories ceded by Mexico to the United States constitute indemnity for the past, and the brilliant achievements and signal successes of our arms will be a guarantee of The people of Oregon having formed a tem- security for the future, by convincing all nations porary government, adopted a system of laws that our rights must be respected. The results of by which slavery was prohibited. This clause the war with Mexico have given to the United recognizes those laws, and the motion is to States a national character abroad which our counstrike out the clause. If we are called on to try never before enjoyed. Our power and our resources have become known, and are respected force the institution on the Territory, it may throughout the world; and we shall probably be be well to look at the consequences. If they saved from the necessity of engaging in another are not adapted to the institution, the institu- foreign war for a long series of years. It is a subtion is not adapted to them. It is suited to aject of congratulation that we have passed through different region of country. Let us not force it on them. If they are to have it, let them introduce it themselves, when they have grown up into greater power. We should let them alone. He disclaimed any desire to make a display by going into the thousand and one stories some exaggerated, and others without foundation-with which the Senate was entertained yesterday. He did not intend to throw any reproach on the South because of the existence of slavery. The people of the South had received it from their ancestors. He was willing to say, as far as his narrow observation had extended, that many of the slaves were much better treated than he previously had expected. Still it was an evil-admitted to be such by many Southern gentlemen themselves; and he hoped no favor would be shown to an effort to extend the institution. If the new ground taken, which violates the Missouri compromise, be maintained, he foresaw great difficulty and danger. The question in that case never can, never will be settled. It can only be settled by a withdrawal of the free States. He would not have meddled with this debate, but his silence was forbidden by a strong sense of duty. a war of more than two years' duration, with the business of the country uninterrupted, with our resources unexhausted, and the public credit unimpaired. I communicate for the information of Congress the accompanying documents and correspondence relating to the negotiation and ratification of the treaty. Before the treaty can be fully executed on the part of the United States, legislation will be required. It will be proper to make the necessary appropriations for the payment of twelve millions of dollars, stipulated by the twelfth article to be paid to Mexico in four equal annual instalments. Three millions of dollars were appropriated by the act of March 3, 1847, and that sum was paid to the Mexican Government after the exchange of the ratifications of the treaty. The fifth article of the treaty provides, that "in order to designate the boundary line with due precision upon authoritative maps, and to establish upon the ground landmarks which shall show the limits of both Republics, as described in the present commissioner and a surveyor, who, before the exarticle, the two Governments shall each appoint a piration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte." It will be necessary that provision should be made by law for the appoint JULY, 1848.] ABRIDGMENT OF THE Message from the President-Peace with Mexico. ment of a commissioner and a surveyor on the part to It will be proper also to provide by law for the appointment of a "board of commissioners adjudicate and decide upon all claims of our citizens against the Mexican Government, which, by the treaty, have been assumed by the United States. New Mexico and Upper California have been ceded by Mexico to the United States, and now constitute a part of our country. Embracing nearly ten degrees of latitude, lying adjacent to the Oregon Territory, and extending from the Pacific Ocean to the Rio Grande, a mean distance of nearly a thousand miles, it would be difficult to estimate the value of these possessions to the United States. They constitute of themselves a country large enough for a great empire, and their acquisition is second only in importance to that of Louisiana in 1803. Rich in mineral and agricultural resources, with a climate of great salubrity, they embrace the most important ports on the whole Pacific coast of the continent of North America. The possession of the ports of San Diego, Monterey, and the bay of San Francisco, will enable the United States to command the already valuable and rapidly increasing commerce of the Pacific. The number of our whale-ships alone, now employed in that sea, exceeds seven hundred, requiring more than twenty thousand seamen to navigate them; while the capital invested in this particular branch of commerce is estimated at not less than forty millions of dollars. The excellent harbors of Upper California will, under our flag, afford security and repose to our commercial marine; and American mechanics will soon furnish ready means of ship-building and repair, which are now so much wanted in that distant sea. By the acquisition of these possessions, we are brought into immediate proximity with the west coast of America, from Cape Horn to the Russian possessions north of Oregon; with the islands of the Pacific Ocean; and, by a direct voyage in steamers, we will be in less than thirty days of Canton and other parts of China. In this vast region, whose rich resources are soon to be developed by American energy and enterprise, great must be the augmentation of our commerce; and with it, new and profitable demands for mechanic labor in all its branches, and new and valuable markets for our manufactures and agricultural products. While the war has been conducted with great humanity and forbearance, and with complete success on our part, the peace has been concluded on terms the most liberal and magnanimous to Mexico. In her hands the territories now ceded had remained, and, it is believed, would have continued to remain, almost unoccupied, and of little value to her or to any other nation; whilst, as a part of our Union, they will be productive of vast benefits to the United States, to the commercial world, and to the general interests of mankind. The immediate establishment of territorial governments, and the extension of our laws over these valuable possessions, are deemed to be not only important, but indispensable to preserve order, and the due administration of justice within their limits, to afford protection to the inhabitants, and to facilitate the development of the vast resources and wealth which their acquisition has added to our [30TH CONG. country. of the Executive to establish or to continue temThe war with Mexico having terminated, the power which existed under the laws of nations whilst they porary civil governments over these territories, tary occupation, has ceased. By their cession to were regarded as conquered provinces, in our mili the United States, Mexico has no longer any power itants will be without any organized government. over them; and, until Congress shall act, the inhabShould they be left in this condition, confusion and anarchy will be likely to prevail. now carried on in the ports of Upper California, tories, fraught with such vast advantages to every In organizing governments over these terriportion of our Union, I invoke that spirit of concession, conciliation, and compromise in your deliberations, in which the constitution was framed, in which it should be administered, and which is so indispensable to preserve and perpetuate the harmony and union of the States. We should never forget that this Union of confederated States was established and cemented by kindred blood, and by the common toils, sufferings, dangers, and triumphs of all its parts, and has been the ever augmenting source of our national greatness, and of all our blessings. There has, perhaps, been no period since the of these distant possessions, I recommend that lib- orders have been issued to our military and naval 1ST SESS.] DEBATES OF CONGRESS. ployed in New Mexico and Upper California, to afford protection to the inhabitants, and to guard our interests in these territories. The old army, as it existed before the commencement of the war with Mexico-especially if authority be given to fill up the rank and file of the several corps to the maximum number authorized during the war-it is believed, will be a sufficient force to be retained in service during a period of peace. A few additional officers in the line and staff of the army have been authorized; and these, it is believed, will be necessary in the peace establishment, and should be retained in the service. The number of the general officers may be reduced, as vacancies occur by the casualties of the service, to what it was before the war. While the people of other countries, who live under forms of government less free than our own, have been for ages oppressed by taxation to support large standing armies in periods of peace, our experience has shown that such establishments are unnecessary in a republic. Our standing army is to be found in the bosom of society. It is composed of free citizens, who are ever ready to take up arms in the service of their country, when an emergency requires it. Our experience in the war just closed fully confirms the opinion, that such an army may be raised upon a few weeks' notice, and that our citizen-soldiers are equal to any troops in the world. No reason, therefore, is perceived why we should enlarge our land forces, and thereby subject the treasury to an annual increased charge. Sound policy requires that we should avoid the Such creation of a large standing army in a period of No public exigency requires it. peace. armies are not only expensive and unnecessary, but may become dangerous to liberty. Besides making the necessary legislative provisions for the execution of the treaty, and the establishment of Territorial Governments in the ceded country, we have, upon the restoration of peace, other important duties to perform. Among these, I regard none as more important than the adoption of proper measures for the speedy extinguishment of the national debt. It is against sound policy and the genius of our institutions, that a public debt should be permitted to exist a day longer than the means of the treasury will enable the Government to pay it off.fm We should adhere to the wise policy laid down by President Washington, of "avoiding the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars have occasioned, not ungenerously throwing upon posterity the burden we ourselves ought to bear. At the commencement of the present administration, the public debt amounted to $17,788,799 62. In consequence of the war with Mexico, it has been necessarily increased, and now amounts to $65,778,450 41, including the stock and treasury notes which may yet be issued under the act of January 28, 1847, and the sixteen million loan recently negotiated under the act of March 31, 1848. In addition to the amount of the debt, the treaty stipulates that twelve millions of dollars shall be paid to Mexico in four equal annual instalments of three millions each; the first of which will fall due on the 30th of May, 1849. The treaty also stipulates that the United States shall" assume and pay" [JULY, 1848. to our own citizens "the claims already liquidated Without changing or modifying the present tariff Upon the restoration of peace, we should adopt a policy suited to a state of peace. In doing this, the earliest practicable payment of the public debt should be a cardinal principle of action. Profiting by the experience of the past, we should avoid the after the close of the war with Great Britain in errors into which the country was betrayed shortly 1815. In a few years after that period, a broad and latitudinous construction of the powers of the Federal Government unfortunately received but too much countenance. Though the country was burdened with a heavy public debt, large and in some instances unnecessary and extravagant expendi JULY, 1848.] The Oregon Bill. [30TH CONG. Mr. MASON addressed the Senate. He stated tures were authorized by Congress. The conse- | the consideration of the bill to establish a Terriquence was, that the payment of the debt was torial Government in Oregon; whenpostponed for more than twenty years; and even The question being on the amendment subthen, it was only accomplished by the stern will and mitted by Mr. DAVIS, of Mississippiunbending policy of President Jackson, who made its payment a leading measure of his administration. He resisted the attempts which were made to divert the public money from that great object, and apply it in wasteful and extravagant expenditures for other objects, some of them of more than doubtful constitutional authority and expediency. If the Government of the United States shall observe a proper economy in its expenditures, and be confined in its action to the conduct of our foreign relations, and to the few general objects of its care, enumerated in the constitution, leaving all municipal and local legislation to the States, our greatness as a nation in moral and physical power, and in wealth and resources, cannot be calculated. By pursuing this policy, oppressive measures operating unequally and unjustly upon sections and classes will be avoided; and the people, having no cause of complaint, will pursue their own interests, under the blessings of equal laws and the protection of a just and paternal Government. By abstaining from the exercise of all powers not clearly conferred, the cement of our glorious Union, now numbering thirty States, will be strengthened as we grow in age and increase in population, and our future destiny will be without a parallel or example in the history of nations. WASHINGTON, July 6, 1848. JAMES K. POLK. The Message having been readMr. BURT moved to refer so much of it as related to making provisions for carrying into effect the treaty with Mexico, to the Committee of Ways and Means; so much as related to the army, to the Committee on Military Affairs; so much as related to the establishment of territorial governments, to the Committee on Territories; and that the Message be printed. that the people of Oregon had undertaken to pass laws purely conventional and without authority, among which was one prohibiting slavery therein forever. No one now believes that the people of a territory belonging to the United States have the right to pass any laws which can be binding, unless by the consent of the United States Government. By the 12th section of this bill, the laws of Oregon are sanctioned, among which is this law prohibiting involuntary servitude in the Territory, or in other words, prohibiting the introduction of slavery into that Territory. It becomes us to uncover this act, and to defeat it. Our object should be to defeat the recommendation of the committee. Should this measure succeed, and slavery be prohibited, it will be in derogation of the spirit and letter of the constitution. He referred to the prevailing disposition to make the construction of the constitution a mere struggle for power, and predicted the most calamitous results from a continuance of such a course. He went into the history of the introduction of the provision concerning slavery into the constitution, to show that in the form in which it was adopted, it was adopted by the aid of three New England States; the twothirds vote being inserted for an equivalent. The ordinance of 1787 was a compact formed between the United States Government and the people in possession of the North-west Territory, before the constitution was formed. The history of that ordinance is shrouded in secrecy, as the journals were not made public. But it is well known that there was much con flict. The item concerning slavery was the result of compromise. very Mr. MOKAY suggested to the gentleman to modify his motion. There was another important part of the Message-much more important than that which referred to the appropriations necessary to carry the treaty into effect; for those would not be needed until the next session. He referred to that which proposed to authorize the President to purchase the stock of the Government, and suggested that that portion be referred also to the Committee of Ways and Means. Mr. BURT acquiesced in the suggestion, and modified his motion accordingly. Mr. THOMPSON, of Pennsylvania, obtained the floor, and moved the previous question on Mr. BURT's motion. Pending this question, the House adjourned. IN SENATE. THURSDAY, July 6. The Oregon Bill. On motion of Mr. BRIGHT, the prior orders were postponed, and the Senate proceeded to Under the Articles of Confederation, most of the States were large importers of slaves, and, having an immense territory under their control, they limited the territory within which slavery should be pertroduction of the slave clause in the ordinance mitted to exist. This will account for the inof 1787. He recited some of the difficulties which stood in the way of the perfection of the ordinance. Some States came into the measure with difficulty, and some with a protest. He read several extracts from the papers before him, to show the various action of the States on the subject. The course of New York in 1780 he contrasted with the course of her able representative on this floor (Mr. Dix) now. Virginia never would have been a party to that compact, never would have made the cession she did, had she supposed her right to extend her population whither she would, would have been denied. Slaves form a great part of the property of the South, and are a considerable element of her political power; and he asked, by what authority was this property to be |