1ST SESS.] Mr. Clay's Compromise Resolutions. thus advanced their money upon that pledge the reimbursement of the money, at all events to the extent that the pledged fund would have reimbursed it, if it had never been appropriated by us to our use. We must recollect, sir, that in relation to that pledge, and to the loan made in virtue and on the faith of it, there were three parties bound-I mean after annexation: the United States, Texas, and the creditor of Texas, who had advanced his money on the faith of a solemn pledge made by Texas. [JANUARY, 1850. The fifth resolution, sir, and the sixth, like the third and fourth, are somewhat connected together. They are as follows: 5th. Resolved, That it is inexpedient to abolish slavery in the District of Columbia, whilst that institution continues to exist in the State of Maryland, without the consent of that State without the consent of the people of the District, and without just compensation to the owners of slaves within the District. 6th. But Resolved, That it is expedient to prohibit within the District the slave-trade, in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as without the District of Columbia. merchandise, or to be transported to other markets Texas and the United States might do what they thought proper; but in justice they could do nothing to deprive the creditor of a full reliance upon the pledge upon the faith of which he had advanced his money. Sir, it is impossible now to ascertain how much would have The first of these resolutions, Mr. President, in been received from that source of revenue by somewhat different language, asserts substanthe State of Texas if she had remained indepen- tially no other principle than that which was asdent. It would be most unjust to go there serted by the Senate of the United States twelve now and examine at Galveston and her other years ago, upon resolutions which I then offered, ports to ascertain how much she now receives and which passed-at least the particular resoby her foreign imports; because, by being incor-lution passed-by a majority of four-fifths of porated into this Union, all her supplies which formerly were received from foreign countries, and subject-many of them at least-to import duties, are now received by the coasting trade, instead of being received from other countries, as they would have been if she remained independent. Considering the extent of her territory, and the rapid manner in which her population is increasing, and is likely to increase, it is probable that in the course of a few years there might have been such an amount received at the various ports of Texas-she remaining independent as would have been adequate to the extinction of the debt to which I have referred. the Senate. I allude to the resolution presented by me in 1838. I shall not enlarge on that resolution; it speaks for itself; it declares that the institution of slavery should not be abolished in the District of Columbia without the concurrence of three conditions; first, the assent of Maryland; second, the assent of the people within the District; and third, compensation to the owners of the slaves within the District for their property. put along with his wife, or a wife with her husband. I do not mean to touch at all the question of the right of property in slaves amongst persons living within the District; but the slave trade to which I refer was, I think, pronounced an abomination more than forty years ago, by one of the most gifted and distinguished sons of Virginia, the late Mr. Randolph. And who is there who is not shocked at its enormity? Sir, it is a great mistake at the North, if they suppose that gentlemen living in the slave States look upon one who is a regular trader in slaves with any particular favor or kindness. They are often-sometimes unjustly, perhaps The next resolution proposed deserves a passing remark. It is that the slave trade within the District ought to be abolished, prohibited. I do not mean by that the alienation and transfer of slaves from the inhabitants within But, sir, it is not merely in the discharge of this District-the sale by one neighbor to anothwhat I consider to be a valid and legitimate ob-er of a slave which the one owns and the ligation resting upon the United States to dis-other wants, that a husband may perhaps be charge the specified duty, it is not upon that condition alone that this payment is proposed to be made; it is also upon the further condition that Texas shall relinquish to the United States any claim that she has to any portion of New Mexico. Now, sir, although, as I believe, she has not a valid title to any portion of New Mexico, she has a claim; and for the sake of that general quiet and harmony, for the sake of that accommodation which ought to be as much the object of legislation as it is of individuals in their transactions in private life, we may do now what an individual in analogous circumstances might do, give something for the relinquishment of a claim, although it should not be well founded, for the sake of peace. It is therefore proposed-and this resolution does propose that we shall pay the amount of the debt contracted by Texas prior to its annexation to the United States, in consideration of our reception of the duties applicable to the extinction of that debt; and that Texas shall also, in consideration of a sum to be advanced, relinquish any claim which she has to any portion of New Mexico. excluded from social intercourse. I have known some memorable instances of this sort. But, then, what is this trade? It is a good deal limited since the retrocession of the portion of the District formerly belonging to Virginia. There are Alexandria, Richmond, Petersburg, and Norfolk, south of the Potomac, and Baltimore, Annapolis, and perhaps other ports, north of the Potomac. Let the slave-dealer, who chooses to collect his slaves in Virginia and Maryland, go to these places; let him not come here JANUARY, 1850.] Mr. Clay's Compromise Resolutions. [31ST CONG. and establish his jails and put on his chains, and | tated by considerations of humanity and phisometimes shock the sensibilities of our nature lanthropy, there exists a sentiment adverse to by a long train of slaves passing through that the institution of slavery. avenue leading from this Capitol to the house of the Chief Magistrate of one of the most glorious Republics that ever existed. Why should he not do it? Sir, I am sure I speak the sentiments of every Southern man, and every man coming from the slave States, when I say let it terminate, and that it is an abomination; that there is no occasion for it; it ought no longer to be tolerated. The seventh resolution relates to a subject embraced in a bill now under consideration by the Senate. It is as follows: 7th. Resolved, That more effectual provisions ought to be made by law, according to the requirement of the constitution, for the restitution and delivery of persons bound to service or labor in any State who may escape into any other State or Territory in the Union. Sir, that is so evident, and has been so clearly shown by the debate which has already taken place on the subject, that I have not now occasion to add another word. The last resolution of the series of eight is as follows: And 8th. Resolved, That Congress has no power to prohibit or obstruct the trade in slaves between the slaveholding States; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws. It is obvious that no legislation is necessary or intended to follow that resolution. It merely asserts a truth, established by the highest authority of law in this country, and in conformity with that decision I trust there will be one universal acquiescence. I should not have thought it necessary to embrace in that resolution the declaration which is embraced in it, but that I thought it might be useful in treating of the whole subject, and in accordance with the practice of our British and American ancestors, occasionally to resort to great fundamental principles, and bring them freshly and manifestly before our eyes, from time to time, to avoid their being violated upon any occasion. Sir, I might, I think-although I believe this project contains about an equal amount of concession and forbearance on both sides-have asked from the free States of the North a more liberal and extensive concession than should be asked from the slave States. And why, sir? With you, gentlemen Senators of the free States, what is it? An abstraction, a sentiment -a sentiment, if you please, of humanity and philanthropy-a noble sentiment, when directed rightly, with no sinister or party purposes; an atrocious sentiment-a detestable sentiment- or rather the abuse of it--when directed to the accomplishment of unworthy purposes. I said that I might ask from you larger and more expansive concessions than from the slave States. And why? You are numerically more powerful than the slave States. Not that there is any difference-for upon that subject I cannot go along with the ardent expression of feeling by some of my friends coming from the same class of States ference in valor, in prowess, in noble and pafrom which I come-not that there is any diftriotic daring, whenever it is required for the safety and salvation of the country, between the people of one class of States and those of ever, greater; and greatness and magnanimity the other. You are in point of numbers, howshould ever be allied together. But there are other reasons why concession upon such a subject as this should be more liberal, more expansive, coming from the free than from the slave States. It is, as I remarked, a sentiment, a sentiment of humanity and philanthropy on your side. Aye, sir, and when a sentiment of that kind is honestly and earnestly cherished, with a disposition to make sacrifices to enforce it, it is a noble and beautiful sentiment; but, sir, when the sacrifice is not to be made by those who cherish that sentiment and inculcate it, but by another people, in whose situation it is impossible, from their position, to sympathize and to share all and every thing that belongs to them, I must say to you, Senators from the free States, it is a totally different question. On your side it is a sentiment without sacrifice, a sentiment Mr. President, you have before you the whole without danger, a sentiment without hazard, series of resolutions, the whole scheme of without peril, without loss. But how is it on the arrangement and accommodation of these dis-other side, to which, as I have said, a greater tracting questions, which I have to offer, after amount of concession ought to be made in any having bestowed on these subjects the most scheme of compromise? anxious, intensely anxious, consideration ever since I have been in this body. How far it may prove acceptable to both or either of the parties on these great questions, it is not for me to say. I think it ought to be acceptable to both. There is no sacrifice of any principle, proposed in any of them, by either party. The plan is founded upon mutual forbearance, originating in a spirit of conciliation and concession; not of principles, but of matters of feeling. At the North, sir, I know that from feeling, by many at least cherished as being dic In the first place, sir, there is a vast and incalculable amount of property to be sacrificed, and to be sacrificed, not by your sharing in the common burdens, but exclusive of you. And this is not all. The social intercourse, habit, safety, property, life, every thing, is at hazard in a greater or less degree in the slave States. Sir, look at that storm which is now raging before you, beating in all its rage pitilessly on your family. They are in the South. But where are your families, where are your people, Senators from the free States? They are safely housed, enjoying all the blessings of domestic comfort, peace, and quiet in the bosom of their own families. Behold, Mr. President, that dwelling-house now wrapped in flames. Listen, sir, to the rafters and beams which fall in succession, amid the crash; and the flames ascending higher and higher as they tumble down. Behold those women and children who are flying from the calamitous scene, and with their shrieks and lamentations imploring the aid of high Heaven. Whose house is that? Whose wives and children are they? Yours in the free States? No. You are looking on in safety and security, whilst the conflagration which I have described is raging in the slave States, and produced, not intentionally by you, but produced from the inevitable tendency of the measures which you have adopted, and which others have carried far beyond what you have wished. In the one scale, then, we behold sentiment, sentiment, sentiment, alone; in the other property, the social fabric, life, and all that makes life desirable and happy. But, sir, I find myself engaged much beyond what I intended, when I came this morning from my lodgings, in the exposition with which I intended these resolutions should go forth to the consideration of the world. I cannot omit, however, before I conclude, relating an incident, a thrilling incident, which occurred prior to my leaving my lodgings this morning. A man came to my room-the same at whose instance a few days ago I presented a memorial calling upon Congress for the purchase of Mount Vernon for the use of the public-and, without being at all aware of what purpose I entertained in the discharge of my public duty to-day, he said to me: "Mr. Clay, I heard you make a remark the other day which induces me to suppose that a precious relic in my possession would be acceptable to you." He then drew out of his pocket, and presented to me, the object which I now hold in my hand. And what, Mr. President, do you suppose it is? It is a fragment of the coffin of Washington-a fragment of that coffin in which now repose in silence, in sleep, and speechless, all the earthly remains of the venerated Father of his Country. Was it portentous that it should have been thus presented to me? Was it a sad presage of what might happen to that fabric which Washington's virtue, patriotism, and valor established? No, sir, no. It was a warning voice, coming from the grave to the Congress now in session to beware, to pause, to reflect before they lend themselves to any purposes which shall destroy that Union which was cemented by his exertions and example. Sir, I hope an impression may be made on your mind such as that which was made on mine by the reception of this precious relic. And, in conclusion, I now ask every Senator, I entreat you, gentlemen, in fairness and candor, to examine the plan of accommodation which this series of resolutions proposes, and not to [JANUARY, 1850, pronounce against them until convinced after a thorough examination. I move that the resolutions be read and received. The resolutions were then read as follows: harmony of the Union of these States, to settle and It being desirable for the peace, concord, and adjust amicably all existing questions of contro versy between them, arising out of the institution of slavery, upon a fair, equitable, and just basis: Therefore, 1st. Resolved, That California, with suitable boun daries, ought upon her application to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries. 2d. Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the Republic of Mexico, it is inexpedient for Conthe territory acquired by the United States from gress to provide by law either for its introduction into or exclusion from any part of the said territo ry; and that appropriate Territorial Governments ought to be established by Congress in all of the said territory, not assigned as the boundaries of the proposed State of California, without the adop tion of any restriction or condition on the subject of slavery. 3d. Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its line of New Mexico; thence with that line east mouth, and running up that river to the southern the line as established between the United States and wardly, and so continuing in the same direction to Spain, excluding any portion of New Mexico, whether lying on the east or west of that river. 4th. Resolved, That it be proposed to the State of Texas that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of $ in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having henceforward become payable to the United States; and upon the condition also that the said State of Texas shall, by some solemn and authentic act of her Legislature, or of a convention, relinquish to the United States any claim which it has to any part of New Mexico. 5th. Resolved, That it is inexpedient to abolish slavery, in the District of Columbia, whilst that institution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the District, and without just compensation to the owners of slaves within the District. 6th. But Resolved, That it is expedient to prohibit within the District the slave-trade, in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia. 7th. Resolved, That more effectual provision ought to be made by law, according to the require ment of the constitution, for the restitution and delivery of persons bound to service or labor in JANUARY, 1850.] Mr. Clay's Compromise Resolutions. any State, who may escape into any other State or Territory in the Union. And 8th. Resolved, That Congress has no power to prohibit or obstruct the trade in slaves between the slaveholding States; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own partic ular laws. [31ST CONG 2. The resolutions of the honorable Senator assert that slavery does not now exist by law in the territories recently acquired from Mexico; whereas I am of opinion that the treaty with the Mexican republic carried the constitution, with all its guarantees, to all the territory ob tained by treaty, and secured the privilege to every southern slaveholder to enter any part Mr. CLAY. I had intended to propose that we of it, attended by his slave property, and to enshould now fix upon some convenient day for the joy the same therein free from all molestation discussion of these resolutions. I shall be satis-or hindrance whatsoever. fied with any early day which the Senate in their pleasure may decide upon. I would propose Monday or Tuesday of the next week. Mr. FOOTE. Mr. President, I wish it were in my power to act in accordance with the request of the honorable Senator from Kentucky, (Mr. CLAY,) who seems so strongly to deprecate debate, at the present moment, upon the resolutions introduced by him, and who has so strongly urged us to deliberate well and dispassionately upon these resolutions before we take ground against them. But indeed, sir, I feel it impossible to remain altogether silent without more or less subjecting myself to misconstruction, and exposing to serious danger principles which I hold to be indispensable to the safety of the southern States of the Confederacy, and to the integrity of the Union itself. I know well that the honorable Senator's intentions are pure and patriotic-that he designs only the safety and happiness of the whole republic; and yet I do verily believe that if the resolutions now introduced by him shall be adopted, accompanied by the remarks which he has just uttered in our hearing, without any response, or even suggestion of objection from any southern Senator, a presumption of acquiescence might arise which would be deeply detrimental to a cause which I hold dearer than life itself. I do not propose to discuss these resolutions in extenso; I will not thus far interfere with the wishes of the honorable Senator from Kentucky; but a few remarks by way of protest, I must be allowed at once to put in. These, though, will be as brief as possible. In offering such remarks, I find myself somewhat embarrassed, in consequence of never having had an opportunity of reading the resolutions of the honorable Senator, and only having heard them read by him in the course of his comments upon them. If I misconstrue their import in any particular it will not be matter of surprise to any one, or constitute just ground of complaint against me. 3. Whether slavery is or is not likely to be introduced into these territories, or into any one of them, is a proposition too uncertain, in my judgment, to be at present positively affirmed; and I am unwilling to make a solemn legislative declaration on the point. Let the future provide the appropriate solution of this interesting question. 4. Considering, as I have several times heretofore formally declared, the title of Texas to all the territory embraced in her boundaries as laid down in her law of 1836, full, complete, and undeniable, I am unwilling to say any thing, by resolution or otherwise, which may in the least degree draw that title into question, as I think is done by one of the resolutions of the honorable Senator from Kentucky. 5. I am, upon constitutional and other grounds, wholly opposed to the principle of assuming State debts, which I understand to be embodied in one of the resolutions of the honorable Senator from Kentucky. If Texan soil is to be bought, (and with certain appropriate safeguards, I am decidedly in favor of it,) let us pay to the sovereign State of Texas the value thereof in money, to be used by her as she pleases. It will be, as I think, more delicate and respectful to let her provide for the management of this matter, which is strictly domestic in its character, in such manner as she may choose-presuming that she will act wisely, justly, and honorably towards all to whom she may be indebted. 6. As to the abolition of the slave trade in the District of Columbia, I see no particular objection to it, provided it is done in a delicate and judicious manner, and is not a concession to menaces or demands of factionists and fanatics. If other questions can be adjusted, this one will, perhaps, occasion but little difficulty. 7. The resolutions which provide for the restoration of fugitives from labor or service, and for the establishment of territorial governments free from all restriction on the subject of slavery, have my hearty approval. The last resolution-which asserts that Congress has no power to prohibit the trade in slaves from State to State-I equally approve. If I understand the resolutions properly, they are objectionable, as it seems to me: 1. Because they only assert that it is not expedient that Congress should abolish slavery in the District of Columbia; thus allowing the implication to arise 8. If all other questions connected with the that Congress has power to legislate on the sub-subject of slavery can be satisfactorily adjusted, ject of slavery in the District, which may hereafter be exercised if it should become expedient to do so; whereas, I hold that Congress has, under the Constitution, no such legislative power at all, and any attempt thus to legislate would be a gross fraud upon all the States of the Union. I see no objection to admitting all California above the line of 36 degrees and 30 minutes into the Union; provided another new slave State can be laid off within the present limits of Texas, so as to keep up the present equiponderance between the slave and the free States of the Union; 1ST SESS.] Mr. Clay's Compromise Resolutions. (JANUARY, 1850. and provided, further, all this is done by way | a decided protest on the part of Virginia against of compromise, and in order to save the Union, (as dear to me as to any man living.) Having thus frankly stated my objections to the honorable Senator's resolutions, and having stated also wherein I approve them, I shall cease to occupy the attention of the Senate. Mr. MASON. It is with much reluctance at any time that I trespass on the time of the Senate after the hour of actual business has arrived, but I do not feel myself at liberty, standing as I do upon this question, to allow the resolutions offered by the Senator from Kentucky to pass unnoticed on my part, lest it should possibly be considered that the State which I represent in part is prepared, I would almost say to any extent, to respond to the spirit of these resolutions. Sir, I regret deeply that, in the earnest and honest desire which I have no doubt the Senator entertains to have these disturbing questions composed, he has felt it his duty, representing one of the slaveholding States, to offer such a proposition. I would go with him who went furthest, but within the limits of strict duty, in adjusting these unhappy differences; but I do not feel at liberty to move one step towards such a compromise, if constitutional right is invaded in the slightest degree. such doctrines. They concede the whole question at once, that our people shall not go into the new Territories and take their property with them; a doctrine to which I never will assent, and for which, sir, no law can be found. There are other portions of the resolutions, for which, if they could be separated, I should be very willing to vote. That respecting fugitive slaves, and that respecting the organization of governments in these Territories, I should be willing to vote for, and I am happy to declare the gratification I experience at finding the Senator from Kentucky, differing so much on this subject from the Executive message recently laid before the Senate. I beg not to be understood as having spoken in any spirit of unkindness towards the Senator from Kentucky, for whom I entertain the warmest and most profound respect; but I cannot but express also my regret that he has felt it to be his duty, standing as he does before this people, and representing the people he does, to introduce into this body resolutions of this kind. Mr. DAVIS, of Mississippi. I do not rise to continue the discussion, but, as it has been made an historical question as to what the position of the Senate was twelve years ago, and as with great regret I see this, the conservative branch of the Government, tending towards that fanaticism which seems to prevail with the majority in the United States, I wish to read from the journals of that date the resolutions then adopted, and to show that they went further than the honor it for granted, from the date to which the honorable Senator has alluded, he means the resolutions introduced by the honorable Senator from South Carolina, (Mr. CALHOUN,) not now in his seat, and to which the Senator from Kentucky proposed certain amendments. Of the resolutions introduced by the Senator from South Carolina, I will read the fifth in the series, that to which the honorable Senator from Kentucky must have alluded. It is in these words: Sir, so far as I have read these resolutions, there is but one proposition to which I can give a hearty assent, and that is the resolution which proposes to organize Territorial governments at once in these Territories, without a declaration one way or the other as to their domestic institutions. But there is another which I deeply re-able Senator from Kentucky has stated. I take gret to see introduced into this Senate by a Senator from a slaveholding State; it is that which assumes that slavery now does not exist by law in those countries. I understand one of these propositions to declare that by law slavery is now abolished in New Mexico and California. That was the very proposition advanced by the non-slaveholding States at the last session, combated and disproved, as I thought, by gentlemen ⚫ from the slaveholding States, and which the compromise bill was framed to test. So far I regarded the question of law as disposed of, and it was clearly and satisfactorily shown to be against the spirit of the resolution of the Senator from Kentucky. If the contrary is true, I presume the Senator from Kentucky would declare that if a law is now valid in the Territories abolishing slavery, that it could not be introduced there even if a law was passed creating the institution Such is the general form of the proposition. or repealing the statutes already existing; It was variously modified, but never, in my opindoctrine never assented to, so far as I know, un-ion, improved. On the 27th, the fifth resolution til now, by any Senator representing one of the slaveholding States. Sir, I hold the very opposite, and with such confidence that at the last session I was willing and did vote for a bill to test this question in the Supreme Court. Yet this resolution assumes the other doctrine to be true, and our assent is challenged to it as a proposition in law. I do not mean to detain the Senate by any discussion, but I deemed it to be my duty to enter “Resolved, That the intermeddling of any State, or States, or their citizens, to abolish slavery in the District, or any of the Territories, on the ground or under the pretext that it is immoral or sinful, or the passage of any act or measure of Congress with that view, would be a direct and dangerous attack on the institutions of all the slaveholding States." being again under consideration, Mr. CLAY, of Kentucky, moved to amend the amendment by striking out all after the word "resolved," and insert: "That the interference, by the citizens of any of the States, with a view to the abolition of slavery in this District, is endangering the rights and security of the people of the District; and that any act or measure of Congress designed to abolish slavery in this District would be a violation of the |