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General Approprintion Bill-The New Territories.

sort can be maintained, unless the decision of the Supreme Court can be produced showing that the extension of the provisions of the constitution to newly-acquired territory requires a special act of Congress. I have seen no such decision; and, unless such can be produced, it is clear to my mind that the doctrine is fallacious.

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ican people, ninety-nine hundredths of whom have no interest in the question at all. Sir, it astonishes me to see the quintessence of the wisdom of a great nation like ours, assembled in the two halls of Congress, gravely debating and arguing that State legislation is the only way of settling the question, or of leaving it to the people to be settled, when you can as easily leave it to them to be settled by a territorial government. Sir, I have known some men in the course of my life, who never could do any thing except in a particular way of their own, a way that was not appreciated by ordinary honest minds. With this class of men to whom I allude there must always be some hocus pocus in all their actions, otherwise nothing could be done well and to their liking.

One or two words more, and I have done. Mr. President, I regret, as much as it is possible for any man to regret, that we are wasting day after day upon a question of this sort, growing out of the institution of slavery in the South, and the hostility towards it in the North, operating most injuriously upon all the legislation of this body, and especially when we endeavor to form governments for these Territories. Sir, it is a sad spectacle in the Mr. Downs. I will remind the gentleman face of the American people. But it has been of what he has perhaps forgotten, that the very so, is so now, and will be so in time to purpose for which these amendments were come, unless we take the proper means to offered, was to effect the object which the Senput the question at rest forever. There is, ator from Kentucky desires. If we could have in my humble judgment, but one way of a territorial bill passed, there would have been settling it harmoniously; and if the Congress no necessity for these propositions. It was of the United States would adopt that, it not through any desire to introduce into legisdoes seem to me it would give peace and tran-lation what the Senator calls hocus pocus, but quillity to all sensible men. We should leave it was to effect an object which could not be it to the people of the Territory to settle for secured in any other way. themselves. What objection can there be to this? I was astonished when acting in the committtee of eight at the last session, when the proposition was made, to find but one man besides myself on that committee voting for it, and that was the Senator from New York, (Mr. DICKINSON.) What is the proposition of the Senator from Tennessee and of the Senator from Illinois? It is to let them form a State government and admit them as a State; and in this way they will regulate and settle this question for themselves. Sir, can they settle the question any better if they do form a State government for themselves, than they can if you leave it to them to settle it in their territorial legislature? It does seem to me altogether out of the question for us to be gravely debating here about allowing them to form a State constitution, and of admitting them into the Union-a thing to which I am altogether opposed: it does seem to me altogether out of the question to propose settling the question in that way, while, at the same time, we are refusing to allow them to settle it for themselves by the instrumentality of territorial legislation. There is some magic, I suppose, about a State constitution; and if they do not settle it by that magic wand, it is not to be settled at all. It does seem to me that upon so plain a proposition there ought not to be two opinions. I am afraid, seeing that it can be so easily settled, if you will only consent to let the people settle it for themselves-I am afraid that political agitators, party influences, party hopes, ulterior views of personal elevation ambition, and wickedness, more than humanity and virtue, are at the bottom of this difficulty, opposing the great interest of the mass of the Amer

Mr. UNDERWOOD. I beg the Senator's pardon; I did not intend any thing personal towards any human being. I know that the object of these amendments, the avowed object, is to get a government for the Territories in such way as to settle the question, so that Congress may have done with it. The tendency of my remarks is to show the danger, the impolicy, I had almost said the wickedness, of refusing to allow the question of slavery in the new Territories to be settled by the people of the Territories for themselves. What is the North contending for, when they refuse to let us of the South, with their aid, pass a bill by which this matter shall be conceded to the people of the Territories? I will tell you what they are contending for: they are just saying in this very refusal, to the people of California and New Mexico, You shall not have the power to mould your institutions; you shall not have the power to make the institutions of Kentucky, of Tennessee, or any of the southern States, the model for your own, but you shall adopt for your fundamental principles of government what we choose to dictate to you. Your essential elements of prosperity shall not be judged of by yourselves; you shall be dietated to by us. If it does not amount to this, it amounts to nothing. Well, if you dictate and prescribe to these people a positive rule by which you compel them to base their institutions upon those of the free States, and refuse them the liberty to base their institutions upon the model of the slaveholding States, I ask gentlemen if it can be done without, to that extent, casting a reflection upon the slaveholding States? I know my honorable friend from New Jersey (Mr. DAYTON) said, God forbid

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General Appropriation Bill-The New Territories.

that any thing that he should do or say should operate so as to wound the feelings of the people of the South; but must he not perceive that just as soon as Congress says to the people of these Territories, You shall be deprived of the power of modelling your institutions on the basis of those of the southern States, and you shall model them upon the basis of the institutions of the free States,-to that extent Congress reflects on, and stigmatizes the people of one portion of the Union and their institutions, and to that extent eulogizes the people of another portion of the United States and their institutions, as being the model of all that is right and proper, and worthy of imitation?

[FEBRUARY, 1849.

view upon this question be correct, how are my northern friends acting upon this subject? They are unfaithful, as I conceive, in their course of action, to the constitution which they are sworn to support. They are bound to extend that glorious instrument over every part of the country, whether it be a Territory or a State; and as they have annexed those Territories, and made them a part of the United States, I hold it to be their bounden duty to extend the constitution over them, if it is not already operative in them. If they do not do it, they will have violated, in substance, the compromises of the constitution in reference to slavery, provided the southern opinion be correct. To refuse to extend the shield of the constitution because it might protect the institution of slavery, is just as bad as to refuse to comply with those provisions which require the surrender of fugitive slaves. It is another mode of doing the same thing.

PRESIDING OFFICER. The hour for taking a recess has arrived.

Mr. UNDERWOOD. Well, sir, I shall say no more. After the recess any gentleman who chooses may have possession of the floor.

On the reassembling of the Senate the debate was continued, as follows:

Mr. HUNTER. I have a question to propose to the honorable Senator from New Jersey (Mr. DAYTON) before the question is taken upon his amendment as amended, which I will briefly state. The amendment, as originally introduced, provides for all "the military, civil, and judicial powers exercised by the officers of the existing Government." This morning he modified his amendment so as to read, "powers exercised by the officers of the Mexi can Government," &c.

Now, you can avoid all this, and the people of the North, by avoiding it, can just accomplish what they desire; for no southern man that I know of-very few, I believe, at least expect that slavery will go to that country, from its character, its soil, its productions, its climate, and the pursuits of the people. But, sir, if the people themselves desire the institution of slavery, should they be deprived of the privilege of asking Kentuckians, or the people of any other southern State, to come there with their slaves? That is the question. If you say they shall not exercise their own volition and judgment, but that they shall submit to your dictation, to that extent you violate republican principles, and undermine the very foundations upon which all our institutions rest. You say to a people, you may establish for yourselves a government, but you shall not have the privilege of making it such as you wish it to be; you shall make it according to our dictation. And you do this, sir, when, if the people of the Territories had the power, and in its exercise were to establish southern institutions, they would not thereby introduce I rise for the purpose of ascertaining what a single additional slave into the United States! are his sentiments, and what those of genNobody claims the right of introducing slaves tlemen here professing to be willing to comfrom Africa, or any foreign country. Why, promise this question in relation to this modifithen, restrict the people of these Territories in cation which the Senator has made. I had no the exercise of their judgment in regard to share in preparing this amendment; but, once their own interest? Why tie their hands, and offered, I determined, if there was any possisay that they shall not do that which they bility of settling the question that has been so think best? To do it is despotism, practised in long pending, so as to give a government to our the name of liberty. Sir, I am done with this recently acquired Territories without sacrificsubject. I gave my views at length during the ing the rights of my constituents, to aid in last session of Congress, and I should not have bringing about the result. I suppose the said a word now but for the new question scheme of the Senator from New Jersey for which has been started in the course of this compromise was based on the principle of debate. I am one of those who do not believe leaving undecided, or in abeyance, the question -and have so expressed the opinion here at as to whether slavery can or cannot exist in the last session-that the operation of the the Territories acquired from Mexico. It is Constitution of the United States within the known that there are two parties in relation Territories of New Mexico and California will, to this question: one maintaining that all the per se, or of its own vitality, of its own intrin- laws of the conquered country remain in force, sic force, establish slavery or tolerate the hold- and amongst them the Mexican law prohibiting of slaves there, by abolishing the Mexican ing slavery; the other party assert that only laws as they existed when we acquired those so much of the laws remain in force as are not Territories. But if I am mistaken in that; if inconsistent with the fundamental privileges the southern view-for so I call it, being upon of the States and the citizens of those States; this particular in a minority among the south-in other words, not inconsistent with the Conern members of this body-if the southern stitution of the United States. I do not pro

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that provision be more direct, and in fact the very thing that perhaps the gentleman intends by his modification?. If that be his meaning, then this amendment as modified is no compromise at all; and I must confess that I have a suspicion that such was the meaning of the speech he delivered in support of his proposition. As I before said, it is not my purpose to go into the question in dispute between us. I wish, if I can, to do all in my power to promote some scheme of compromise, in order that this vexed question of the Territories may be settled, and that they may have a government suitable to their protection and necessary to their prosperity. The only mode in which this object can be effected is, by leaving this question, as to the existence of the Mexican law prohibitnot speak now of the amendment offered by the Senator from Wisconsin, (Mr. WALKER.) I prefer that to the one before us, because it leaves these regulations of the Territories to the President of the United States, so far only as his regulation may not be inconsistent with the constitution, and, therefore, is more limited than that of the Senator from New Jersey. Sir, I am prepared to meet the Senator from New Jersey and gentlemen from the North in a spirit of compromise on this question; and if they will present a proposition which does not sacrifice the rights of that section of the Union which I in part represent, I am ready to accede to it. But it is too much to ask of me to agree to the enactment of this Mexican law abrogating slavery. If we are to reaffirm that law-which I presume is the design of the Senator from New Jersey in his modificationwe might, as I said before, as well adopt the Wilmot proviso at once. I wish to know whether it is his object, in presenting this modification, to reaffirm that law?

pose to argue the question whether these laws | mot proviso? Would not the introduction of are, to the extent claimed, repealed or not in those Territories, being of the same mind as the Senator from Massachusetts, (Mr. WEBSTER,) and not desirous of introducing any topic that would engender heats or promote excitement. I simply desire to ascertain upon what principle gentlemen are willing to compromise, in order to see if there is a possibility of settling the question, for a time at least. For one, I am willing to compromise, provided the question I referred to be left unsettled. I examined this amendment before the modification was introduced, and I did think it left the question at issue undecided and in abeyance. I confess the Senator's speech accompanying the introduction of the amendment, was of a character that did not at all accord with the views I entertained of his proposition; but, ating slavery, undecided and in abeyance. I do the same time, perceiving that the amendment would mean what it purported to mean, the tone of his commentary did not vary my judgment and decision as to the course I might pursue in voting on the amendment. But the modification introduced this morning puts a different face on the matter, because in it the Mexican laws are especially alluded to, and their existence re-affirmed; and this, in my estimation, destroys effectually what I understood to be his scheme of compromise. He stated that it made no difference whether the word "Mexican " or the word "existing" was embodied in the amendment. Why, sir, in our view of the question, it makes all the difference in the world; for we believe that none of the existing laws in Mexico can remain in force which are at all inconsistent with the constitution or the rights of the States; and, as I have before stated, some of those laws are, in my opinion, inconsistent with our rights and with the constitution. If he strikes out the word "existing," and inserts the word "Mexican," I would inquire if by such a course he intends to reaffirm the Mexican laws in relation to slavery? If he does, I put it to the honorable Senator whether it would not be more candid to introduce the Wilmot proviso at once; and, if he does not, so to shape the amendment as to leave the question in abeyance? We shall then, without deciding the question or committing either party, establish, if I may so call it, for the time being, a temporary military government, which may enable us to preserve public peace and tranquillity, protect public and private property in the Territories, and secure the citizens now residing, and those who will soon be there, against anarchy and violence; and these objects may perhaps all be accomplished, by enforcing so much of the existing Mexican law as shall not be inconsisent with the constitution and the rights of the States. I shall be prepared, sir, to accept any compromise based upon that principle. If I am asked to reaffirm the validity of the Mexican laws, to which I have alluded, I ask why not at once introduce the Wil

There is another question, also, to which I would like a reply. I understood him to state that the Constitution of the United States does not extend over these Territories. Now, we all know that there are certain privileges given to the Catholic church, by the Mexican law existing in those Territories when conquered, which are totally inconsistent with the provisions of our constitution. I would inquire whether he proposes by his modified amendment to reaffirm the Mexican laws which give these privileges to the Catholic church, at the same time that he enacts that which abrogates the institution of slavery?

Mr. DAYTON. I hoped to have been relieved, not for my own sake, but that of the Senate, from further addressing it upon this subject; but the question propounded by my honorable friend from Virginia, (Mr. HUNTER,) requires an answer at my hands, which answer I have not the slightest difficulty in making. When I introduced this proposition, it was not as a scheme of compromise at all; I introduced it because it was an established precedent, acted

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General Appropriation Bill-The New Territories.

[FEBRUARY, 1849.

Mr. HUNTER. The Senator from New Jersey has not answered the precise point of my objection.

Mr. DAYTON. I am coming to it.

on heretofore under precisely the same cir- | I agreed to strike out the word "existing," cumstances, and had been found to answer our and insert the word "Mexican." purpose. I preferred it, therefore, to any new precedent, crouched in different phraseology, and carrying with it I know not what. That was my purpose in introducing this amendment, which is a copy verbatim et literatim of Mr. HUNTER. I stated that the word "exthe law for the government of Florida-saving isting" meant so much of the law remaining only, that in that law for the government of after California was ceded as was not inconsistFlorida, we extended all those laws of the Fed-ent with our constitution, but that he reaffirms eral Government over that Territory which forbids the importation of free persons of color. The Senator from Virginia knows why I strike that portion of the act out of my amendment. Mr. HUNTER. It was certainly not at my request; I had no objection to it.

Mr. FOOTE, (in his seat.) It was at my request.

by this amendment the law in relation to negro slavery; it is sacrificing the principle which the South have hitherto, and will in future maintain, and which affects her dearest interests.

Mr. DAYTON. I was answering the Senator, not all at once, in a single sentence, but categorically. He conceives that the change of the word "existing" into " Mexican" affects the character of the whole amendment, and invalidates the rights of the South. Now, if such be his opinion, I can only say to him, restore the amendment to its original form; I have not the slightest objection. I desire to subserve no purpose of my own in these modifications. In my understanding of the matter, the amendment as modified will not reaffirm the Mexican laws; it was with no such design that I accepted the modification relating to them. By this amendment we do not enact or re-enact, annul or disannul; we simply let things remain as they are, directing only that the officers who may be appointed shall exercise the powers heretofore exercised, and govern the country accordingly.

Mr. DAYTON. It was with a view to meet in good feeling the wishes of Senators on the other side of the Chamber, that I acceded to their suggestions in this respect; I myself did not consider it of any importance, as it applied only to the foreign slave trade, which is piracy now by law. The amendment, with that exception, was, I believe, a precise copy of the original Florida act, with the additional item of an appropriation to carry it into effect. Having offered the amendment, and discussed its merits at some length, the Senator at my right, (Mr. BERRIEN,)-for whose legal attainments and judicial knowledge I have the greatest respect-suggested, as did other southern Senators, that the terms of the amendment might be so construed as to refer to the species of temporary military government recently es- As to the extension of the Wilmot proviso tablished in California, the Secretary of State by this modification, or dreaming that it was having communicated the fact in an official equivalent to an incorporation of that proviso, document that the late military government neither of those ideas entered into my mind for should be considered the government de facto; a moment. I would most cheerfully assent to and the modifications made to the amendment any suggestion which might carry out the this morning were modifications inade to re- views of gentlemen on the different sides of lieve from any doubt on that subject, and are this Chamber, who are desirous simply of givin the handwriting of the Senator from Geor-ing a government to this country calculated to gia. Thus I would inform my honorable friend from Virginia, that these modifications of which he complains, in my amendment, were made at the suggestion of southern gentlemen; I not having been applied to by any northern men upon the subject. They were modifica- Mr. HUNTER. I did not wish to interrupt tions made to meet the feelings and views of the Senator in his remarks; I simply wish to southern Senators, and not to further my own state that I did not rise before for the purpose particular designs or views; because, as far as of entering into any contest, or of creating the my understanding of the modifications pro- occasion for one. My sincere desire is to composed was concerned, I considered that they promise this question; and I wished to ascertain would make no material difference in its gene- the feelings of northern gentlemen, to see if ral character. There is no government, accord- there was any possibility of effecting that end. ing to my understanding of the subject, existing I am willing to enter into such a compromise, now in California-that is to say, no American provided it is based upon the principle that government-and when we speak of the exist- we leave this question undecided and in abeying government there, we speak of a governance, and only adopt such laws as may be necesment existing there at the time of the cession, just as you spoke of an existing government in Florida when you passed a similar law, some time after the cession. But, to relieve the amendment from any doubt upon that matter,

suppress anarchy and disorder-neither committing one party nor the other, asking no advantage from the South, nor feeling disposed to yield any advantage to them. That was my sole purpose in offering my amendment.

sary in order to preserve the people of these Territories from anarchy and violence. I am anxious to secure the country from internal disorders and civil war-evils with which, by late accounts, it appears threatened. My remarks

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were prompted by a serious desire to effect | maintain it before whatever tribunal it shall that end, if possible; and now, after hearing the statement made by the Senator from New Jersey, I am willing to vote for his amendment, provided it be so modified as to attain the end which I have suggested, and no other. That is to say, I should be willing to vote for it so modified, if the proposition of the Senator from Wisconsin, which I prefer, should fail.

Mr. BERRIEN. The reference which the Senator from New Jersey has just made to me, renders it necessary that I should say a few words in relation to the modification of this amendment. It is very true that I suggested to that Senator the fact, that by an official communication made to the Senate, containing a letter from the Secretary of State, it appeared that there was an existing government in California. It was, therefore, suggested to him that the expression of "existing laws" might be construed to have reference to laws which, as in Oregon, may have been enacted by the existing government, and these it was not the purpose of Congress to carry into effect. It was therefore proposed to him to insert in lieu of it the word "Mexican." Thus far the statement of the Senator is correct, but it stops | short of the most important fact; it omits the statement of a fact which would have obviated the difficulty of the Senator from Virginia.

The statement of the Senator from New Jersey is confined to a part, and does not embrace the whole modification suggested to him, and that it was made to depend upon his acceptance of it as a whole. It was proposed to him to insert after the word "Mexican," the words "not inconsistent with the Constitution of the United States;" and these words are in my handwriting, upon the paper of which the Senator has spoken, which contains the proposed modifications.

Mr. HUNTER, (in his seat.) That would have been perfectly satisfactory.

Mr. BERRIEN. The Senator from New Jersey declined to receive this modification, and it was that refusal which induced me to offer the considerations I presented to-day upon the subject under discussion.

I desire that Senators from New Jersey and Virginia will both understand me, as not having proposed to re-establish, or continue in force, the Mexican laws on the subject of slavery. I do not recognize the proposition, so often and so confidently asserted, that the laws existing in conquered or ceded territories remain in force until they are specifically repealed; and I am not disposed to re-enact them, as this amendment proposes to do. I suppose that the laws of the conquered territory, in so far as they affect the relations of individual citizens, remain in force until they are repealed by an act of specific or of general legislation, which shall extend the authority of the conquering nation over it. Recurring to the proposition which I have before stated to the Senate, I desire now to say that I am ready to

arise. I hope to be able to maintain that the Mexican laws which affect the relations of a people to their Government, do not remain in force, within the principle of the decision which is invoked for their support. It is not necessary that I should enter into any further discussion of this matter. I barely desired to correct myself, from the possible apprehension that I could have suggested an amendment that could have the effect spoken of.

Mr. WESTCOTT. Mr. President, I have no idea that the amendment of the Senator from Wisconsin (Mr. WALKER) touches, or was intended in any wise to touch or interfere with, the question of slavery in those Territories. Indeed, I know it was not so intended. The amendment leaves the question where it found it. The issue of slavery or no slavery in these Territories, which the Senator from Connecticut (Mr. NILES) says he is ready, and which he seems anxious to meet, is not involved. I am not so eager for that contest. I do not see how that Senator, or how any patriotic man can be. One reason that I favor this amendment is, because it leaves that question to be settled hereafter. If Congress is to attempt to settle it by legislation, it is best to postpone the decision of it to a more auspicious period. By so doing, time is given to the true friends of the country and of the Union in all sections, to exert themselves to promote conciliation and harmony. Who does not see at this time that the portents are ominous of discord and danger? This is not a propitious moment for calm and cool deliberation on this subject. The public mind is heated in both sections. Politicians, especially, are excited. We are just over a closely contested Presidential election, and in which this question was a prominent and exciting topic of discussion. Give time and opportunity for all to cool. If it is to come, at least put the evil day afar off. Avoid it. Shun it. Postpone it. Give time for reason and patriotism to resume their sway. This is the only effect of the first amendment. It does not give the President power to take slavery into the Territories if it is not there, nor to exclude it if it is there. It passes by the question entirely. The President is given no authority in relation to it. He cannot, under this law, change the condition of things with respect to slavery in anywise. If he should attempt it, he would do wrong. This is the compromise, and the only compromise, the first amendment offers, and it is offered to both sides and to all sides. It is impartial. The Senator from Connecticut rejects it. He is armed, ready for the quarrel. Senators are now called upon to decide which course is the best. I repeat, the vital question in issue is left untouched-its decision is postponed. Neither party is prejudiced. Sir, I am willing to bear my full share of all the censure of the Senator from Connecticut cast upon this amendment and those in anywise instrumental in its being proposed.