%> 5r*. a ■CiAJ™ "+# ++ • # 1 '^9 o o ■ • „ *** * e n < W*S r? V- O V mmm asi&s OF HON. WILLIAM R. KING, OF ALABAMA, j ON THE COMPROMISE BILL, IN SENATE, JULY 19, 1850. WASHINGTON CITY, 1850. riving additional security, inasmuch as record evidence, when it could be obtained, would be cted mote in the free States to which the fugitive bad Bed, than any other kind of evi- dence. But further than that, it relieved the owner of the slave from die necessity of taking nswith him to establish the identity of the slate. This accumulation of eVidencjB does I.. I prevent the pursuit of the slave : not at all: . u n. r of the fugitive dave maj obtain it or not, aa maj be naosl convenient to him. It was udered to be accumulative and therefore to, additional facilities to tin- owner of the in obtaining hi* property. Sir, there was er motive, which perhaps was a ven proper ■ r into the consideration of this sub- ject It is that wherever the law was to be ited, it is of the first importance that the ael.t of the country should not he shock,-.! by tie execution of it. but that it should chime hi. as far as possible, with the feelings and even prejudices of the people. It was supposed that this evidence would command the high respect of the people generally, and thereby facilitate the recoverj of the fugitive. Hut even if this bill is defective, 1 know that gentlemen from the free States — from ope portion of the com- munity, from one portion of the country — I mean the Democracy of the Northwest, Stand prepared to ma- e it as stringent as any Southern man requires it to be made. BO as to insure the purpose intended to he accomplished, and to render it as effective as possible. Therefore, I think that my honorable friend should he Satisfied with the hill as it now stand.-,. until it properly comes up for consideration and amendment. Then any suggestion that will give strength to that bill, so as to enable the slaveholder to recover his property, guaranteed to him by the Constitution of the united States, would be admitted bya large majority of the Sen- ate. 1 pass l>y that question. 1 gave my assent to reportiii'_ r this hill, believing with day .Southern friends, that we were arranging it in such a way aa was best calculated to effect the object we had in view. We were desirous, and our North- ern friends were willing that We should do everything in our power to render the bill effec- tive and satisfactory. Mr. President, the next subject to which I WOUld call the attention of the Senate, is immediaicly connected with the subject matter before aa; and it is, perhaps, one of the most difficult points to settle which is likely to come under our consideration. It is a point about which there is a great diversity of opinion; it is a point about which gentlemen may reasonably and honestly differ. Sir, { find myself differing from some of my political friends — my personal associates — gentlemen for whose opinions I entertain as high a respect as I can powubly entertain for those of any Senator on this floor. 1 believe I have said before, and I repeat it OOU — 1 b ilieve '.hat under all th ■ cir- cumstances connected with the annexation of Texas to the United States, her claim to the. boundary which she has established for herself LG rendered so perfect that, without a violation of good faith upon the part of the United State*, she cannot be justly deprived of it. Sir, that question has been discussed with an ability much greater than I could bring to bear upon the discussion, if I was disposed to go into its consideration. I will not do so. I put it upon the ground upon which it ap- pears me to rest, and that is the claim of Texas to the boundary of the Rio Grande, from its sources to its mouth, is rendered perfect by the course of the government <•( the United States itself, she having undertaken to establish that boundary b\ negotiation with .Mexico, and hav- Ulg acquired the disputed territory by conquest, cannot justly retain it. Well, sir, if that opinion was general, if we could find a majority of the people of our country in favor of it, all difficulty would be out of the way. Texas is satisfied to keep her territory. She only asks that Congress si i aid allow her claim. Hut we know, we can- not disguise the fact, that there is a great diver- sity of opinion on this subject. There are many persons, not in the North, not in the West, not in the Northwest, merely, hut even in the South, who have great doubt with regard to the claim of Texas being such as she could sustain cither in Congress or in the courts if it couIdffO there. In that state of things, what is host to he done? It is a disputed question, ami one which I must take for granted can be reasonably disputed. Many persons entertain an opinion as strong, adverse to the claim of Texas, as my own opiniOH in favor of it. Well. sir. in this condition of things, with this disputed boundary on the part of Texas, does it not behoove us to endeavor to do as substantial justice as possible to that State, and to prevent the difficulties — which, I must honestly say. although with regret, have been augmented and rendered threatening by the action, ami what I COnsid< r the improper action, of the Genera] Government, to prevent the difli- cuities growing up in that quarter, and going on increasing e\ cry day .' Is it not, therefore, bettor that we should give to Texas a reasonable com- pensation for th.- relinquishment of any claims she may have to the territory, or any portion thereof, and settle then the question at once and forever. Now, sir. I know very well that, with many of our Southern friends, this is the great Stumbling block in the way of any adjustment of this question. Sir, did I helievethat, by pur- chasing any portion of the territory of Texas, we were to do what gentlemen tell us to hi' done — namely, that any portion of what I believe to be now a part of the territory of Texas, and therefore slaveholding territory, was to be con- \erted into free territory— I would not consent to it. But 1 beKeve the opinion of the ablertt constitutional lawyers of the land would sustain me in the assertion that, as that territory is pur- chased, and you pay an equivalent to Texas tor it, the laws of Texas will remain operative on it, because, by purchasing and paying for the chum, you recognize the right, and thus admit the fact, that this Is now a portion of the territory of Texas. Hence the laws of Texas must continue to be in force in the territory ceded, unless they be repealed by some subsequent legislation. I wish to speak plainly upon this subject. If this opinion is correct, then, whatever may be the operation of the Mexican laws in other portions of the territory of the United States acquired from Mexico — a point which I do not propose to consider — whatever may be the operation of those laws elsewhere, it is certain that in this territory purchased from Texas they will have no operation whatever — the slaveholding laws of Texas having been attached. What then, is to prevent — provided the soil, climate, and pro- ductions, authorize doing so — what is to prevent the slaveholder from moving into that territory, if he thinks proper to do so ? and being protected by the territorial laws, until the people them- selves shall determine to form their constitution, when they can prohibit, or continue to tolerate the institution as they see lit. Is there, any difficulty in the way 1 ? I will ask any honorable senator who may entertain any doubt upon this tubject, to state what the diffi- culty is, or how any Mexican law, or any other Saw now existing, can prevent the slaveholders from going into this territory with their slaves, if they choose to do so ? Well, Mr. President, Texas has manifested a willingness to settle this question upon a reasonable basis, by relinquish- ing her claim for a competent compensation, to a portion of her territory. Can it be supposed that the Representatives of Texas would sacri- fice the rights of that State by giving up their territory, to be taken from the jurisdiction un- der which it now is, when they and all others can now go and take their property of whatever description, and, in consideration of a few paltry dollars, consign it to restrictions disadvantage- ous and offensive to her, as well as to all the SouthernStat.es] No, sir, no! Sir, the com- mittee that reported this bill never for a mo- ment supposed that they were laying the slight- est temptation in the way of any one calculated to influence their votes/and they did not sup- pose, they were likely to carry a single vote one way or the other, by means of the compensation to be given to Texas for the cession of her claim. Texas prefers to retain her own territory. Give it to her, and she will be content .md ask no- thing more. But if you think it best to pur- chase it, Texas consents to sell for the benefit of the whole country, and for the restoration of the peace and harmony of the Union. For these reasons, Mr. President, I believe that this meas- ure would have the effect to settle a difficu' 4 , an exceedingly difficult subject, and wliich, if not settled now, no man can foresee where it will terminate. I was in favor of retaining that pro- vision, in order to settle the boundary of Texas. Sir, I care not whether the western boundary of Texas on the Rio Grande conflicts with the boundary of New Mexico, Chihuahua, or Tam- aulipas. It is a matter of no importance what- soever. We can establish a line certainly in any territory that we possess ; and if we think pro- per to annex any portion of it lying contiguous to a State, it is certainly in our power to do so with the assent of such State, as in the case of Missouri. How did she get that bcautful section of country lying upon the Missouri river? It was by an act of Congress annexing it. And so, sir, 1 say that all arguments founded upon the ground that we are cutting off this portion or that portion of the territory of New Mexico, or that we are breaking up or disregarding old Mexican lines, have no influence whatsoever on my course or opinions. It is for us to decide, under the circumstances of the case, what limit we consider to be right now, and to settle upon that as the line. One amendment., Mr. President, I shall re- quiie, to put an end to all doubt or cavil, and that is, that a clause be inserted by which the right of Texas to divide the territory which may remain to her, into the number of States desig- nated by the compact for her admission into the Union., shall be expressly recognized and admit- ted. The next portion of the bill, as reported, provides for the establishment of territorial gov- ernments for New Mexico and Utah. This por- tion of the bill was prepared with a view to ac- cord with the principles of non-intervention, as- contended for by the South. The boundaries being fixed, Mr. President, it became necessary to determine what kind of a government should be established for those territories, and what re- strictions imposed, if any. The bill itself, as reported, contained a phraseology by mistake, which was adopted from the Clayton Compro- mise bill, but which has been modified so as to correspond with the amended language of that bill, by the amendments of my honorable friend from Georgia, (Mr. Berrien.) The tenth sec- tion, which specifies what the legislative powers of these territories shall be, is as follows: "That the legislative power of said Territo- ries shall extend to all rightful subjects of leg- islation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the pri- mary disposal of the soil, nor in respect to Aj- rican slavery ; no tax shall be imposed upon the property of the United States ; nor shall the lands and other property of non-residents be taxed higher than the lands and other property of residents. All the laws passed by the legislative assembly shall be submitted to the Congress of the United Nut. b, and, if disapproved, shall be null and of i i." Now, air, whj was this provision amended? honorable Senators will perceive that the fursl part ■ Lion gives to the territorial legis- lature, all rightful legislation under the laws and Constitution of the United States, but the pro- hibition with r. African Blaverj would have prohibited the territorial legislature from protectii »f thai discription if found in the territory. But thi Senate of the United Stat - i amendment, striking out thai m which restricted them, and thus l< the j ■ bs all municipal regulations ne- , for the pi'.;., lion ol over] discriptii srty, prohibiting them only from passin tm of Blav< ry, or the pro- '. i I I in tills itructiou? [flam, then whal isthe objec- tion that my honorable friends make to thai pro- iii our propert] if we ' tliink that we are protected. 1 tliink that the terrritorial legislature would have - an] law which should be >s of erty, bul that they are bound on the other ation to protect prop- tion. Now. it' 1 am m Con- cific. Donottellme, ican law - come : ', ion of propei ihibited by Mexican lation : fori have no doubt as regards the if the Mexican laws, and if 1 hac 1 an] doubts, they have been entirely removed b able, and i tents ofthe honorable 5 ' fr. Soi i.i:. | —none whal wer. I ' ' eh i move ;v of thai di wription to an i i tence could intei le orpreveril me. Sir, I that propi ' Beit so; but our peoj !e ore They can be mad are the lav s It' it [have no fear tever of the result. If I am « rong, li . rrojt be pointed out I know there i n • their wiah< a, their d< habited ; bul I am d< ckled opinion — and I d u -truetion pul upou tlie bill difl' from whal other gentlemen maj consider to be ins of tin' bill vi\ c u.s theprotection w aich we demand. Mr. Pn sideut, I promised to be as bri< f as possible ; come now to ii,.- prii ciple obj< d w Inch induced me to say a word to the Senate. I have been ious from the commem ement, as I have stated over and over again, to see thus unfortunate question settled in. such a way as to protecl the rights of all the citizens ofthe United States; to take t'roin none what they are fairly entitled fco under the Constitution, and to give to all that participation Which they have j right to ask as citizens. From the commen ei lent of this whole matter, to every individual who thought proper to ask my opinion. I have stated, thai the boun lary of the State of Ca ifornia,as died, was an insuperable objection to my mind. It is not necessary to go into any exami- the exteul of the country that is taken by a few individuals — [mm ew in- uals — stationed at Monterey and and S Francisco, and a \r\v scattered upoi the line — an extenl of couiitry which there is not a man in this Senate. 1 venture to say, would mark out as the boundary of any Sta map was laid before him. and he had I ation of the boundary himself; not one. If there had been no action upon the part of California, and we had been ahoul to prescribe the lin its for a State, and to authorize her to form a constitu- and State go . what should wedo .' Id \ "ii not give he li limits ] Would you not give her limits similar to granted to the largest States in the U Lim- dch would enable hi c to pei for n the duties' that apperti . tainl] you would. Then w I ition I ifortu ' ident, the reason is too a] iscd; ami I f 11 a littli . ! thus i i ess, -. u time ago, when my h file id from llli- vs] with 1 . I elo- . s characterize him, thought proper to intimate that the objection of South to the admission of < alifornia wae because she prohibited slavery. Was thai j Was it fair '.' Did it fi irh repres expressed by honorable Senators from the South'* Not so; cortainlj not. We were prepared from sgining, I believe 1 may say — a.\d 1 - of tnosl of the Southern men, and probabtj oi all — to waive the mi nj objei regu- larity and informalities — objecti . u ider other circumstai ■ . - insuper- able. lint. -in order to [jel clear of this unati ttou ii' practicable, without - erilicing i pur pari, we were prepared to ad- mil California, with proper lint ig all tions. I know that the question will arise, whether, if her limits are restricted, you can her instantaneously. Tin stion of considerable doubt. ! have entertained the opinion that such admission might take place, thougli I musl confess thai Ihc pre edenti are . | i insl me. as in the case of towa, and Micliigan Arkansas. Mr. President, what! desire — and my amendment shows m\ d - o give lifornia a boundary, natural in itself, rery extensive : giving her all the facilities thai :t State ought to have, and, in truth, preventing what may take place hereafter, if the whole country is thrown into one empire ; preventing what gentlemen seem very anxious to prevent. the setting up of these people for themselves. When yos give them such an extended territory of 1,000 miles upon the Pacific, you take a step that more endangers the loss of that portion of the country than any other you could possibly take. It is an empire of itself. It takes all the front. It leaves all the rear dependent upon them, to unite with them and make common cause. Whatever that front, commanding as it must the most valuable trade of the world, deter- mine upon, the whole interior must acquiesce in. If you divide that front, you divide the interest. You make your possessions much more secure, body and that of the House of Representatives. Let them determine to withhold from tke South all participation in any portion of the ex- sive territory included within the proposed limits of California. To admit it as a State with such unreasonable and inconvenient limits, merely because the people there have been induced by a government agent to apply what is tanta- mount to the Wilinot ■ I'roviso ; let them deter- mine (in that, and God knows when the peace of this country will be established, and contro- versy and agitation terminate. My proposition, Mr. President, is to take as the northern boun- dary of the State of California, the 42nd paral- lel of latitude, which is the southern boundary of Oregon ; to follow that parallel until you reach the summit of Sierra Nevada ; pass along the crest of that until you come to latitude 35 and you benefit the people themselves ; for they : degrees, 30 minutes. I fixed upon the latitude can discharge their duties better as citizens with 35 degrees, 20 minutes, because it is a moun- two governments, than if obliged to travel GOO tain range, which leaves the lake, Tullans, which or 700 miles in order to get to the seat of gov- is in some measure the head waters of the San eminent, passing almost impassable barriers, Joaquin. It is to throw all the waters that run the mountain range. I would ask honorable \ west of the mountains of Sierra Ncveda into Senators, over and again, to say to me. the territory of California, which I propose to I speak of those in favor of admitting Calil- form into a State. It is not only necessary for fornia with her present extent of limits — to say ! senators to look at the map, to see that it is a to me and to the. country, as independent, as ] natural boundary. It is one that, if they had frank, as honorable men. and as senators of the j been going themselves to arrange the matter, United States, whether they would vote for that j looking upon the whole territory, and no -ction territory, as extensive as it is marked down j having been previously had, they v .,ul ; in all here, to be a State, if slavery was not prohibited. Will any man answer me that ? I do not be- lieve there is a man in the Senate that would human probability have fixed upon. The terri- tory I propose to include in the limits of the State, is upwards of ninety thousand square vote for it. Then, is it not asking too much of ' miles ; so that in truth it will be the largest the Southern States, who are disposed to yield j State in the Union. It is more than twice the all that they can, I honestly believe, consistent with honor and essential rights, to settle this question ? Why, I ask, will you not give us ground to stand upon ? We shall be asked, perhaps — why insist upon a division ? for this whole country is not fitted for slave labor, and you will have two free States instead of one. That is not the question. Be it so. If the country is not fitted for slave labor, if owners of slaves do not go there, if those in favor of a free State settle the country, after giving them a territorial government, in sufficient numbers to justify its coming into the Union, we of the South have no objection. Let it be free. Can anything be fairer ? If there is anything unfair, unjust, illiberal in the proposition I make, I wish it to be pointed out ; and I assure senators I will modify or change it, or give it up, pro- vided it shall be made to appear wholly wrong, in order to place the whole matter upon just and liberal terms. God knows I do not wish to see the contest continued. God knows that it is my desire to see it brought to a pacific termina- tion. Whether it will be so or not depends upon the action of Congress. I tell senators I speak what I know. Whether it is to be peace- fully adjusted depends upon the action of this size of the State of New York, as my honora- ble friend near me, (Mr. Douglas) remarks. If you look upon the coast, it has the distance of upwards of six hundred miles — between six and seven hundred miles. Mr. President, I have offered this proposition with the most sincere and ardent desire that it will meet with favor on the part of the Senate, of the United States, and ultimately upon the part of the House of Rep- resentatives. I have done it, as I have stated before, differing with my own friends as regards other parts of the bill. I am prepared to risk my own standing and position in that section from which I come, in order to try and settle the question. Defeat this amendment, and I shall be compelled by the strongest obligations that I owe to myself, to my own section, and I believe the whole country, to go against the bill. I know, sir, the objection in the minds of many individuals to fixing this boundary for California results from their unwillingness to send back the senators and representatives now elected from what is called the State of California. Well, sir, if that be the opinion of the two houses of Congress, that the curtailing of the limits produces that necessity, then I appeal to •, s whether Uicy c:m jeopard the pacifica- tion of a measure bo important to the peace and harmony of the country, not to say of the Union t, simply because four individuals will be prevented from taki:iL r Um ir s< its in one ..> r the other branch ofCongres during a few weeks. For myself— and 1 say it in p rfi cl aini erity and truth — I would just as soon have these gentle- men elected from California, us senators and rc- rresentatives, as an) othi ra. Witli the senators have a persona] acquaintance ; but not so with ! have a knowl- edge — aid [speak with sincerity — there are bo men from California whom I would rather see occupy the station tl an the two gentlem -n who Were sleeted. There is no fi eung, then upon my part — no d atever to exclude them. If they can be admitted with the under- standing that you can limit their boundaries, and also include their admission — if that caii be the . -.ir, 1 acquiesce in it. If, however, it is otherwise, I put it to senators to say whether they will jeopard this measure and brave all the consequences tliat will result from it. Gcntle- mi'ii may v. ink as hard as the) please, but thev cannot .shut their eyes to the difficulties by which they are surrounded. If it cannot be done, and gentlemen are determined to persevere, I shall Bave done i.iy duty to the Senate, and, as 1 be- lieve, to the whole country. I much fear, with the very best intentions hi the word on the part of many Senators, and a heartfelt desire upou their part to do what 1 Wish them to do, yet that, such is the force of circumstances, my amend- ment will be d< featcd. Ifit is, sir, 1 can only Bnj that on others 1 heads, and not on mine and those who are acting with me, will rest the con- sequences. We -shall have done all that we can do to quiet the public mind, to do justice to all sections, in order to Btop the agitation of those unfortunate questions which are blinding men to consequences, arousing angry passions, and threatening the most deplorable results. I was going to remark, Mr, President, that when this amendment shall bo disposed of, I should propose to strike out the second section of the- hill, iii these words : •• That until tne representation in Congress shall he apportioned according to actual enu- meration of the inhabitants of the United States, the State of California shall be entitled to two representatives in Congress." I will say why J propose to strike out this section. There are gentlemen in the Senate, I know, who entertain constitutional difficulties with regard to fixing the representation. I have great difficulty myself on that very point. I did believe that the Constitution of the United States gave hut one represesehtative to a State until an actual enumeration was made, and it was as- certained by that enumeration that they were ( rititled to more. According to the ratio of representation now, I have my doubts whether that is strictly correct, although the able argu- ment of my friend from Georgia [Mr, Berrien] has never been fully answered. Be that as it, may, in order to relieve gentlemen from all dif- ficulty upon the subject. I shall propose to strike it out, in order that the two Ileuses may settle- that matter for California, if she is to be ad- mitted, they judging of the qualifications 6f their respective representatives, It is therefore un- necessary to say that they shall have a certain number. I beg pardon, sir, for having detained the Senate much longer than I ink uded. i have felt so desirous of being placed in a position in which ] could suppport a measure which professes and which ought to be one of pacification and com- promise — yielding something on all sides, in order to bring about an adjustment — that I have perhaps consumed more time than I ought in endeavoring to enforce upon gentlemen the ne- cessity of yielding in this case, and forming a proper limit to the boundaries of California. It will be with Senators 1o act according to their consciences in relation to this amendment ; but, whatever course they may take. I can only say t have discharged my duty. W A(*s BV „> ^ -J v^ v A* «p^* •^^ v- i <^«*% A, ^» ^4*»'» ^ v • 0* SSW- ° ^ ♦j ** *« "., .9 .l:i% *> ^^