1ST SESS.]

Mr. Clay's Compromise Resolutions.

[MARCH, 1850.

the President, and the proposition of the honorable Senator from Missouri, to refer them to a committee, with instructions, has been the subject of debate from day to day. Now, we are

to admit-what I, for one, am unwilling to admit-that this, or any other question pending before the Senate or Congress of the United States, is to be regarded as a sectional question-a question not to be decided upon the principles of compromise, settled by our fathers in the constitution.

taking up these resolutions for any such purpose, because they are not, in my opinion, topics which can be legitimately connected with the proposition submitted by the message of the President. What, sir, is the state of that propo-called, pending the debates upon that question, sition? The President has submitted to Congress the constitution prepared by the people of California, and has recommended Congress to admit California as a State. A motion has been made already to submit that message, and the consideration of the constitution accompanying it, to the Committee on the Territories, with instructions to that committee to report a bill in conformity with the recommendation of the President for the admission of California as a State. That presents, in my judgment, a question standing by itself which ought to be considered by itself, and decided upon its own merits by the Senate, irrespective of the views that may be entertained by Senators from different sections of the country in regard to other matters which have been brought into discussion before the Senate.

Sir, the people of California have come here claiming a right-a right secured to them by the treaty with Mexico, by which we acquired a title to this territory. This, sir, is their claim. By the stipulation of that treaty, they were entitled to admission into this Union, with all the privileges of members of this Union, at the proper time, to be judged of by Congress, and in the mean time were to be secured in the enjoyment of all their rights, their liberty, and their property.

Mr. KING. I do not wish to interrupt the honorable Senator, but the subject-matter of the resolutions is not under consideration, and it is not in order to go into a discussion of the general matters connected with the resolutions on a mere question to take up the resolutions. When the Senate decides to take them up, we shall have the whole matter before us; and I hope we shall not engage in discussing them till that time.

Mr. HAMLIN. I would inquire if this matter is in order now, and if an objection to their consideration would not cause them to lie over? Mr. KING. Not at all.

The VICE PRESIDENT. The Chair is of the opinion that it is not in order at this time.

Mr. BALDWIN. The question lies over under the rule. A motion is made to take it up, for the purpose of moving the reference of these resolutions to a sectional committee, who are to consider all the questions referred to in these resolutions the question of the admission of California-the question in regard to fugitive slaves-every question, in short, which has been brought into discussion before the Senate, in connection with the subject of slavery, and to report upon these in the aggregate. Now, sir, I am opposed to taking up these resolutions for any such purpose. I am opposed to taking them up at all at this time, when the question of the admission of California is presented to us on its own merits, upon the recommendation of

Mr. FOOTE. I rise to a point of order. I insist that the honorable Senator is out of order. He is discussing the general merits of this proposition. The simple question before the Senate is, whether the resolutions shall be now taken up for consideration. A member is entitled to state any reasons in opposition to taking them up, but to go into a general discussion of the merits of all the propositions connected with the subject of slavery, is as grossly unparliamentary as any thing which I can conceive of.

Mr. BALDWIN. I will waive any further remarks at present.

The VICE PRESIDENT. The question is on taking up these resolutions.

Mr. HALE and Mr. CHASE called for the yeas and nays, and they were ordered, and being 'taken, resulted as follows:

Bradbury, Cass, Clay, Clemens, Davis of Mississippi,
Dawson, Dickinson, Dodge of Iowa, Downs, Foote,
Hunter, Jones, King, Mangum, Mason, Morton,

YEAS. Messrs. Atchison, Badger, Bell, Berrien,

Pratt, Rusk, Sebastian, and Sturgeon-24.

NAYS.-Messrs. Baldwin, Benton, Butler, Calhoun, Chase, Clark, Corwin, Davis of Massachusetts, Dayton, Dodge of Wisconsin, Felch, Greene, Hale, Hamlin, Phelps, Seward, Shields, Smith, Underwood, Upham, Walker, and Yulee—22.

So the resolutions were taken up for consideration and read.

Mr. FOOTE. I now move that these resolutions be referred to a select committee of thirteen, to consist of six members from the South and six from the North, and one to be by them chosen; and that said committee be instructed to exert themselves to mature some

scheme of compromise for the adjustment of all pending questions growing out of the institution of slavery, and to report by bill or otherwise.

The VICE PRESIDENT. It appears to the Chair, that this motion, in part, is not in order, inasmuch as the rules prescribe how a committee shall be elected. This resolution seems to contemplate that a portion of this committee shall be elected by the Senate, and a portion by the committee itself. The Chair will read the rule, and submit himself to the guidance of the Senate:

"In the appointment of the standing committees, the Senate will proceed, by ballot, severally to appoint the chairman of each committee, and then

Mr. FOOTE. I will save further trouble on that matter, as we all understand the character of the committee. I will, therefore, withdraw that motion and will now simply move that this subject be referred to a committee of thirteen, to be appointed by ballot.

The VICE PRESIDENT then stated the question, as modified by Mr. Foote.

[31ST CONG.

by one ballot the other members necessary to com- | object which I understand the honorable genplete the same; and a majority of the whole num- tleman from Mississippi proposes to accomplish. ber of votes given shall be necessary to the choice I am, I must add, at the same time, however, of the chairman of a standing committee. All far less sanguine than he is, that such a comother committees shall be appointed by ballot, and mittee will be able to present to the Senate a a plurality of votes shall make a choice." scheme of adjustment and arrangement of this unhappy subject which will command the majority; still I would make the experiment, and I would make experiments day after day, and night after night, if necessary, to accomplish the great and patriotic object to which I refer. With regard to the formation of the committee, I dare say the honorable Senator from Mississippi may have consulted with other gentlemen, but I certainly was not consulted. With reference to the appearance of this subject in the newspapers, I think, that upon these grave and important matters, we ought not to allow ourselves to be too easily and lightly affected by trivial circumstances. I beg leave to state, that upon the other memorable occasion to which I have referred, I made out the committee of thirteen, and put it into the hands of the then Speaker, and he appointed every member I proposed, In reference to the second committee, the joint committee on the part of the House and an ap

Mr. BERRIEN. I rise to say that I suppose the objection suggested by the Chair does not present the question of order to the consideration of the Senate, but the question as to the adoption of the resolution upon its merits.

The VICE PRESIDENT. The Chair begs leave to state, that the motion appears to be in conflict with the rules.

Mr. BERRIEN. If the resolution be taken up for consideration, it is subject to modification either by the mover or by the action of the Senate, in such way as to make it conform to the rule; and that reflection, I think, will sat-propriate number on the part of the Senateisfy the Chair, that the objection is not one of order under the rules, but one which may be decided by the Senate.

on all sides of the House, members came flocking around me, begging that I would make a committee to be balloted for by the House. I accordingly turned my attention to the subject, and determined on the twenty-three names, and caused them to be distributed by the offcers throughout the House, and eighteen were elected at the first ballot, and the other five, who had the highest number, each having a plurality, were on my motion elected, further balloting being dispensed with. I think these little matters in the newspapers-how they get there, I do not know-our conversations in social intercourse, about the constitution of s committee, our arrangements about the dispo sition of the public business, and especially arrangements about the disposition of that great and momentous subject which now engages our attention, ought not to be caught at, criticized, and examined, for the purpose of injuring the great work which we all have at heart, and about which we ought all to cooperate.

Mr. CLAY. I hope the honorable Senator from Mississippi will persevere in his modification, which he has last suggested; for, really, I should, for one, be extremely unwilling, in the constitution of a committee, or in any other act of this body, to give them a sectional aspect of any sort. I think, therefore, that the proposition as made by the Senator from Mississippi, in the first instance, but which, he now proposes to modify, was exceptionable, whether liable to the objection named by the Chair, or not; and I am rather inclined to differ with my friend near me, (Mr. BERRIEN,) and to think that it is liable to the objection. While I am up, I beg leave to say a word or two; and, first, in regard to the constitution of the committee, if this proposition should be adopted as the Senator from Mississippi proposes. Sir, I had nothing to do with it. I was not consulted in relation to any member whatever to be placed on that committee. The Senator from Missis- Mr. BUTLER. I do not wish to be misunsippi, in that kind and friendly manner in derstood, so far as regards my course on this which intercourse with him has been generally subject. I never have said that I was opposed carried on, mentioned the purpose which he to such a committee, permanently, nor do I had in view in proposing the appointment of a rise to say it now, or to make any strictures on committee of thirteen, in imitation of what was the mode of organizing the committee, as sugdone in a most memorable epoch of the coun- gested by the honorable Senator from Missistry, and asked me if I would concur in such a sippi. Committees of all kinds are usually measure. I stated to the Senator, what I wish made up in the way which he has indicated. now to state to the Senate, that I considered But, Mr. President, I have an objection to this an amicable adjustment of all the questions committee being organized at this time, and I which unfortunately divide and agitate this persevere in that objection; for I take it that country, as of such great and paramount im- if the committee is now organized as contemportance, that I will vote for any proposi-plated, there must be referred to it the resolu tion, coming from any quarter, which looks to, tions of the Senator from Tennessee, and that or proposes such an adjustment. That is the of the Senator from Missouri.

Slavery-Select Committee.

Mr. FOOTE. Will the honorable Senator bear | move that the further consideration of this subwith me while I state, that the resolution is so ject be postponed until half-past twelve o'clock worded that the resolutions of the honorable to-morrow. Senator from Tennessee are alone to be referred to that committee. I stated distinctly that the object was to allow the debate to go on upon the other questions; and permit me further to say, that if we can get a plan for a general adjustment-as I have no doubt we can-the debate now in progress on the various resolutions, can have further progress on the practical plan to be proposed, and can be much more profitably carried on than now.

MARCH, 1850.]

Slavery-Select Committee.

[31ST CONG.

Mr. WEBSTER. Will the member from Michi- | chance more for terminating this fearful controgan permit me to say a word or two? Mr. CASS. Certainly.

versy. I agree, too, with the Senator from Kentucky, in that my hopes are not strong as to any favorable result to grow out of this committee. The chances have been much diminished by the vote taken on yesterday. If that vote contained any indication of the feeling in this chamber, with regard to the committee itself, and the benefit to result from it, I am sorry to say, that I can anticipate very little good from the proposition of the Senator from Mississippi, (Mr. FOOTE,) relative to the resolu tions prepared with great care, and submitted with great good sense and excellent good feeling such as have always distinguished the Senator from Tennessee, (Mr. BELL.) For myself, I am not prepared to say what my views will be upon this whole matter. They are not yet formed. I say, merely, that this course holds out one hope the more, and is, therefore, well worthy of adoption. So far as respects the proposition connected with Texas, I am myself prepared to consider it in a spirit of fairness and liberality. The honorable Senator from Tennessee (Mr. BELL) has said, that a doubt has been suggested with respect to the disposi tion of this Senate, and perhaps of the country, to carry into effect the Texas guarantees. I believed that that gentleman was wholly in error. I am sorry to find, from various indications here, that he was not. For myself, without going into the great question at all, I am

Mr. WEBSTER. The distinguished member from Michigan (Mr. Cass) is kind enough to allow me an opportunity of saying, that I have no desire to oppose this resolution of the honorable member from Mississippi, if anybody thinks it necessary, or would be useful. But, from what I have seen, sir, and from what we have all seen and heard, within the last month, my own persuasion is, that no benefit is likely to arise from any attempt to draw up a series of resolutions for the settlement of all the questions now in agitation. I see no hope that such a series of resolutions would pass the two Houses of Congress. At the close of my remarks on Thursday, I signified that I should take an opportunity, as early as might be convenient, consistently with the rights of others, to say what I had to say on the subject immediately embraced by the resolution of the chairman of the Committee on the Territories, (Mr. DougLAS,) and the amendment proposed to it by the honorable member from Missouri, (Mr. BENTON.) Upon the direct subject of the admission of California, under the circumstances, I have not a particle of doubt. I am clear in the opinion, that the true course-and the only course of proceeding efficiently-is to keep that measure separate; and I am prepared to vote for the admission of California exactly as she presents herself, with her boundaries pre-prepared to say, that as long as I have a vote cisely as they are; and I hope, in a very short course of observations addressed to the Senate, to show, that if the question were now here before us, and we were ourselves to prescribe boundaries for California, we could not make any boundaries for that State better than are provided for by her own constitution. In order to make out this, I propose to say something upon the nature of the country, the extent of the territory, and whatsoever else may appropriately belong to the question of the boundaries of States in that quarter of the world. In short, I incline to think it expedient -quite expedient-to proceed in that course of legislation which the President has suggested, in his message transmitting the constitution of California.

to give, I will faithfully carry out the spirit of the articles of annexation; and I will not look behind their guarantees. I will abide by them, and I am prepared at all times to say so.

But however this proposition may terminate, I think the country is under lasting obligation to the Senator from Mississippi for his efforts to terminate the existing difficulties. While he has proved himself true to his own section of the country, he has proved himself true to the whole country. He has stood up manfully for the rights of the South, but he has stood up, also, for the obligations of the constitution. And I must say, too, that I have seldom seen an instance of greater moral courage than has been displayed by him. The distinguished Senator from South Carolina occupies, we all know, a high position in the country; and from the zeal, and energy, and ability, with which he has long advocated the cause of the South, he has almost rendered himself the representative of southern opinions. When, in the name of that section of country, he advanced claims which, if persisted in, would have presented insurmountable obstacles to the amicable adjustment of these difficulties, the Senator from Mississippi came forward to disavow the senti

Mr. CASS. On this subject, sir, I agree precisely with what was said by the distinguished Senator from Kentucky, (Mr. CLAY.) I shall vote for the reference. I should vote for almost any proposition that had the appearance of bringing this country into harmony upon this perplexing question-almost any proposition that may be submitted, that has even the appearance of such a result. I do not see any possible objection to this course. It commits no one. It is simply an instruction to a com-ments thus advanced. He came as a messenger mittee to inquire into what can be done.

It does not suspend the operation of the Senate at all. Its discussions, its debates, its votes, will go on, as though this question had not been submitted to a committee. It is one

of peace, to pour oil upon the troubled waters. He deserves the gratitude of the country for this noble effort. I must confess, my own im pressions agreed with the impressions of the honorable Senator from Mississippi. I thought

Slavery-Select Committee.

the speech of the Senator from South Carolina | to Him who holds in his hands the fate of nawas calculated to produce most unfavorable results.