Cb
1850c

YALE UNIVERSITY
LIBRARY

REMARKS

OF

MR. CLAY, OF KENTUCKY,

ON INTRODUCING HIS

PROPOSITIONS TO COMPROMISE,

ON THE

SLAVERY QUESTION,

IN THE SENATE OF THE UNITED STATES, JANUARY 29, 1850.

WASHINGTON:
PKINTED»BY JNO. T. TOWERS
1850.

Ci

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ADDRESS

OF

MR. CLAY, OF KENTUCKY.

IN SENATE OF THE UNITED STATES, JANUARY 29, 1850.

Mr. CLAY rose and said —
Mr. President : I hold in my hand a series of resolutions which
I desire to submit to the consideration of this body. Taken to
gether, in combination, they propose an amicable arrangement of
all questions in controversy between the free and the slave States,
growing out of the subject of slavery. It is not my intention, Mr.
President, at this time, to enter into a full and elaborate discus
sion of each of these resolutions, taken separately, or the whole of
them combined together, as composing a system of measures ; but
I desire to present a few observations upon each resolution, with
the purpose, chiefly, of exposing it fairly and fully before the Se
nate and before the country ; and I may add, with the indulgence
of the Senate, towards the conclusion, some general observations
upon the state ofthe country ahd the condition ofthe question to
which the resolutions relate. Whether they shall or shall not
meet with the approbation and concurrence of the Senate — as I
most , ardently hope they may j as I most sincerely believe they
ought — I trust that at least some portion of the long time which
I have devoted, with care and deliberation, to the preparation of
these resolutions and to the presentation of this great national
scheme of compromise and harmony, will be employed by each
Senator before he pronounce'! against the proposition embraced
in these resolutions. The resolutions, sir, are all preceded by a
short preamble, to which of course I attach no very great impor
tance. The preamble and first resolution are as follows :
It being desirable for the peace, concord, and harmony of the
union of these Mates to settle and adjust amicably all existing
questions of controversy between them arising out of the institu
tion of slavery, upon a fair, equitable, and just basis : Therefore,
1st. Resolved, That California, with suitable boundaries, ought,
upon her application, to be admitted as one of the States of this
Union, without the imposition by Congress of any restriction ih
respect to the exclusion or introduction of slavery within those
boundaries.

Mr. President, it must be acknowledged that there has been
some irregularity in the movements which have terminated in the
adoption of a Constitution by California, and in the expression of
her wish — not yet formally communicated to Congress, it is true,
but which may be anticipated in a few days — to be admitted into
the Union as a State. There has been some irregularity in the
manner in which they have framed that Constitution. It was not
preceded by any act of Congress authorizing the convention and
designating the boundaries of the proposed State, according to all
the early practice of this Government, according to all the cases
of the admission of new States into this Union, which occurred
priory I think, to that of Michigan. Michigan, if 1 am not mis
taken, was the first State which, unbidden, unauthorized by any
previous act of Congress, undertook to form for herself a Consti
tution, and to knock at the door of Congress for admission into
the Union. I recollect that at tlie time when Michigan thus pre
sented herself, I was opposed, in consequence of that deviation
from the early practice of the Government, to the admission.'
The majority determined otherwise, and it must be in candor ad
mitted by all men, that California has much more reason to do
what she has done, unsanctioned and unauthorized by a previous
act of Congress, than Michigan had to do what she did.
Sir, notwithstanding the irregularity of the admission of Michi
gan into the Union, it has been a happy event. She forms now
one of the bright stars of this glorious Confederacy. She has
sent here to mingle in our councils Senators and Representatives —
men eminently distinguished, with whom we may all associate
with pride, with pleasure, and with satisfaction. And I trust that
if California — irregular as her previous action may have been in
the adoption of a Constitution, but more justifiable than was the
action of Michigan — if she also shall be admitted, as is proposed
by this first resolution, with suitable limits, that she too will make
her contribution of wisdom, of patriotism, and of good feeling to
this body, in order to conduct the affairs of this great and bound
less empire. «
The resolution proposes her admission when she applies for it.
There is no intention on my part to anticipate such an applica
tion, but I thought it right to present this resolution as a part of
the general plan which I propose for the adjustment of these un
happy difficulties.
The second resolution, sir, is as follows :
2d. Resolved, That as slavery does not exist by law, and is not
likely to be introduced into any of the territory acquired by the
United States from the Republic of Mexico, n; is inexpedient for
Congress to provide by law, either for its introduction into or ex
clusion from any part of the said territory ; and that proper Ter
ritorial 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 adoption of any restriction or con
dition on the subject of slavery.
This resolution, sir, proposes, in the first instance, a declaration
of two truths— one of law and the other of fact. The truth of
law which it declares is, that there does not exist, at this time,
slavery within any portion of the territory acquired by the United
States from Mexico. When I say, sir, that it is a truth, I speak
my own solemn and deliberate conviction. I am aware that some
gentlemen have held a different doctrine ; but I persuade myself
that they themselves, when they come to review the whole ground,
will see sufficient reasons for a change, or at least a modification
of their opinions ; but that, at all events, if they adhere to that
doctrine, they will be found to compose a very small minority of
the whole mass of the people of the United States.
The next truth which the resolution asserts is, that slavery is
not likely to be introduced into any portion of that territory. That
is a matter of fact ; and all the evidence upon which the fact rests
is perhaps as accessible to other Senators as it is to me ; but I
must say that from all I have heard or read, from the testimony
of all the witnesses I have seen and conversed with, from all that
has transpired and is transpiring, I do believe that not within one
foot of the territory acquired by us from Mexico will slavery ever
be planted, and I believe it could >not be done even by the force
and power of public authority.
Sir, facts are daily occurring to justify me in this opinion. Sir,
what has occurred ? And upon that subject, and, indeed, upon
this whole subject, I invite Senators from the Free States espe
cially to consider what has occurred even since the last session —
even since the commencement of this session — since they left their
respective constituencies, without an opportunity of consulting
with them upon that great and momentous fact — the fact that
California herself, of which it was asserted and predicted tnat
she never would establish slavery within her limits when she
came to be admitted as a State ; that California herself, embrac
ing, of all other portions of the country acquired by us from Mex
ico, that country into which it would have been most likely that
slavery should have been introduced ; that California herself has
met in convention, and by a unanimous vote, embracing in that
body slaveholders from the State of Mississippi, as well as from
other parts, who concurred in the resolution — that California, by
a unanimous vote, has declared against the introduction of sla
very within her limits. I think, then, that taking this leading fact
ih connection with all the evidence we have from other sources
on the subject, I am warranted in the conclusion which con
stitutes the second truth which I have stated in this resolution,
that slavery is " not likely to be introdued into any of the territo
ry aequired by us from Mexico."

Sir, the latter part of that resolution asserts that it is the duty
of Congress to establish appropriate Territorial Governments
within all the country acquired from Mexico, exclusive of Cali
fornia, not embracing in the acts by which these Governments
shall be constituted, either a prohibition or an admission of sla
very. Sir, much as I am disposed to defer to high authority, anxious
as I ready am to find myself in a position that would enable me
to cooperate heartily with the other departments of the Govern
ment in conducting the affairs of this great people, I must say
that I cannot, without a dereliction of duty, consent to an aban
donment of them without government, leaving them to all those
scenes of disorder, confusion, and anarchy which I apprehend, in
respect of some of them, there is too much reason to anticipate
will arise. It is the duty, the solemn — I was going to add the
most sacred duty — of Congress to legislate for their government
if they can, and at all events to legislate for them, and to give
them the benefit of law, and order, and security.
The next resolutions are the third and fourth, which, having an
immediate connection with each other, should be read and con
sidered together. They are as follows :
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 mouth, and running up that river to the southern
line of New Mexico ; thence with that line, eastwardly, and so
continuing, in the same direction, to the line established between
the United States and Spain, excluding any portion of New Mex
ico, 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, con
tracted 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 thenceforward
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 Uni
ted States any claim which it has to any part of New Mexico.
Mr. President, I do not mean now, I do not know that I shall at
any time — it is a very complex subject, and one not free from dif
ficulty — go into the question of what are the true limits of Texas:
My own opinion is, I must say, without intending by the remark
to go into any argument, that Texas has not a good title to any
portion of what is called New Mexico. And yet, sir, I am free
to admit that, looking at the grounds which her representatives

assumed, first, in the war with Santa Anna, in 1836, then at what
transpired between Mr. Trist and the Mexican negotiators when
the treaty of peace was negotiated, and then the fact that the
United States have acquired all the country which Texas claimed
as constituting a portion of her territory ; looking at all these
facts, but without attaching to them, either together or separate
ly, the same degree of force which gentlemen who think thevt
Texas has a right to New Mexico do, I must say that there; is
plausibility, to say the least of it, in the pretensions that she sets
up to New Mexico. I do not think they consitute or demon
strate the existence.of a good title, but a plausible one. Well,
then, sir, what do I propose ? Without entering into any inquiry
whether the Nueces or the Rio Grande was the true boundary of
Texas, I propose by the first of these two resolutions that its west
ern limits shall be fixed on the Rio del Norte — extending west
from the Sabine to the mouth of the Rio del Norte — and that it
shall follow up the Bravo, or the Rio del Norte, to where it strikes
the southern line of New Mexico, and then, diverging from that
line, follow on in that direction until it reaches the line as fixed
by the United States and Spain by their treaty of 1819 ; and thus
embracing a vast country, abundantly competent to form two or
three States — a country which I think; the highest ambition of her
greatest men ought to be satisfied with as a State and member of
this Union.
But, sir, the second of these resolutions makes a proposition to
the State of Texas upon which I desire to say a few words. It
proposes that the Government of the United States will provide
for the payment of all that portion of the debt of Texas for which
the duties received upon imports from foreign countries was
pledged by Texas at a time when she had authority to make
pledges. How much it will amount to I have endeavored to asr
certain, but all the means requisite to the ascertainment of the
sum have not been received,, and it is not very essential at this
time, because it is the principle and not the amount that is most
worthy of consideration. Now sir> the ground upon which I
base this liability, on the part of the United States, to pay a spe
cified portion of the debt of Texas, is not new to me. It is one
which I have again and again announced to be an opinion enter^
tained by me. I think it is founded upon principles of truth and
of eternal justice. Texas being an independent Power, recognized
as such by all the great the Powers of the earth, invited loans to be
made to her to enable her to prosecute the then existing war be
tween her and Mexico. She told those whom she invited to make
these loans that " if you make them the duties on foreign imports
shall be sacredly pledged for the reimbursement of the loans."
The loans were made. The money was received, and expended
in the establishment of her liberty and her independence. After
all this, she annexed herself to the United States, who thencefor-

ward acquired the right % to the identical pledge which she had*
made to the public creditor to satisfy the loan of money which he
had advanced to her. The United States became the owners of
that pledge and the recipient of all the duties payable in the ports
of Texas. '
Now, sir, I do say that, in my humble judgment, if there be
honor, or justice, or truth amongst men, we do owe to the credi
tors who thus advanced their money upon that pledge the reim
bursement of the money, at all events to the extent that the
pledged fund would have reimbursed it, if it had never been ap
propriated by us to our use. We must recollect, sir, that in rela
tion to that pledge, and to the loan made in virtue and on the
faith of it, there were three parties bound — I mean after annexa
tion — the United States, Texas, and the creditor of Texas, who
had advanced his money on the faith of a solemn pledge made by
Texas. Texas and the United States might do what they thought pro
per ; 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 been received from that source of revenue by
the State of Texas if she had remained independent. It would be
most unjust to go there now and examine at Galveston and her
other ports to ascertain how much she now receives by her for
eign imports ; because, by being incorporated 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 had remained in
dependent. Considering the extent of her territory, and the rapid
manner in which her population is increasing, and is like to in
crease, 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.
But, sir, it is not merely in the discharge of what I conceive to
be a valid and legitimate obligation resting upon the United
States to discharge the specified duty, it is not upon that condi
tion 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 generaf quiet and harmony, for the sake of that accommo
dation 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.
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 com
pensation 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.
The first of these resolutions, Mr. President, in somewhat differ
ent language, asserts substantially no other principle than that
which was asserted by the Senate of the United States twelve
years ago, upon resolutions which I then offered, and which pass
ed — at least the particular resolution passed — by a majority of
four-fifths of the Senate. I allude to the resolution presented by
me in 1838. I shall not enlarge on that resolution ; it speaks for
itself; 1: 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.
The next resolution proposed, deserves a passing remark. It is
that the slave trade within the District ought to be abolished, pro
hibited. I do not mean by that the alienation and transfer of
slaves from the inhabitants within this District — the sale by one
neighbor to another of a slave which the one owns and the other
wants, that a husband may perhaps be 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 ofthe most gifted and distinguished sons of Virginia, the late
Mr. Randolph. And who is there who is not shocked at its enor
mity ? Sir, it is a great mistake at the North, if they suppose that
gentlemen living in the slave States logic upon one who is a regu
lar trader in slaves with any particular favor or kindness. They
are often — sometimes unjustly, perhaps — excluded from social in-

10
tercourse. I have known some memorable instances, qf 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 Nor
folk south ofthe Potomac, and Baltimorej 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 and establish his jails and put on
his chains, and sometimes shock the sensibilities of our nature^by a
long train of slaves passing through that 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 termi
nate, 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 :
1th. Resolved, That more effectual provision 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 fol*
low 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 reso
lution the declaration which is embraced in it, but that I thought
it might be useful in treating of the whole subject, and in accord
ance with the practice of our British and American ancestors, oc
casionally 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.
Mr. President, you have before you the whole series of resolu
tions, the whole scheme of arrangement and accommodation of
these distracting questions, which I have to offer, after having be
stowed on these subjects the most anxious, intensely anxious, con-

11
sideration 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 accepta
ble 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
tated by considerations of humanity and philanthropy, there exists
a sentiment adverse to the institution of slavery.
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 libe
ral 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 atro
cious 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 con
cessions than from the slave States. And why ? You are nume-
merically 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 from which 1 come — not that there
is any difference in valor, in prowess, in noble and patriotic daring,
whenever it is required for the safety and salvation of the country,
between the people of one class of States and those of the other.
You are in point of numbers, however, greater, and greatness and
magnanimity should 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 cher
ished, with a disposition to make sacrifices to enforce it, it is a no
ble 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 sympathise 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 without danger, a sentiment with
out hazard, without peril, without loss. But how is it on the other
side^ to which, as I have said, a greater amount of concession
ought to be made in any scheme of compromise 1

12
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, everything, 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 upon 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 bless
ings 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 suc
cession, 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 arid children are they ? Yours in
the free States? No. You are looking on in safety and security,
whilst the conflagration which I have described as 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 con
sideration of the world. I cannot omit, however, before I con
clude, 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, with
out being at all aware of what purpose I entertained in the Sis-
charge 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 accepta
ble 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, patriot
ism, and valor established ? No, sir, no. It was a warning voice

13
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 exer
tions and example. Sir, I hope an impression may be made on
your mind such as that which was made on mine Dy the recep
tion of this precious relic.
And, in conclusion, I now ask every Senator, I entreat you, gen
tlemen, in fairness and candor, to examine the plan of accommo
dation which this series of resolutions proposes, and not to pro
nounce against them until convinced after a thorough examina
tion. I move that the resolutions be read and received.
The resoluti6ns were then read as follows :
It being desirable for the peace, concord, ahd harmony of the Union of these States,
to settle and adjust amicably all existing questions of controversy between them, arising
out of the institution of slavery, upon a fair, equitable, and just basis : Therefore,
1st. Resolved, That California, with suitable boundaries, 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 intro
duced into any of the territory acquired by the United States from the Eepublic of Mexico,
it is inexpedient for Congress to provide by law either for its introduction into or exclu
sion from any part of the said territory ; and that appropriate Territorial Governments
ought to be established by Congress in all the said territory not assigned as the bounda
ries of the proposed State of California, without the adoption of any restriction or con
dition on the subject of slavery.
3d. Resohed, That the western boundary of the State of Texas ought to be fixed on
the Rio del Norte," commencing one marine league from its mouth, and running up that
river to the southern line of New Mexico ; thence with that line eastwardly, and so con
tinuing in the same direction to the line as established between the United States and
Spain, excluding any portion of J\ ew 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 du
ties 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 thenceforward 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, relin
quish 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 com
pensation to the owners of slaves within the District.
6th. Bat Retolved, 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 merchandize, or to be transported to other markets without the District
of Columbia.
7th. Resolved, That more effectual provision out 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. 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.

14
Mr. Clay. I had intended to propose that we should now fix
upon some convenient day for the discussion of these resolutions.
I shall be satisfied with any early day which the Senate in their
pleasure may decide upon. I would propose Monday or Tuesday
of the next week.
After a brief discusson, in which Messrs. Rusk, Foots, Clay,
Mason, and Davis, of Miss., participated —
Mr. CLAY said : I am extremely sorry, Mr. President, for the
premature, and, allow me to say, in my opinion, unnecessary dis
cussion which has taken place. Whenever the Senator who has
just resumed his seat (Mr. Davis) chooses to meet me in argu
ment, I pledge myself, at the proper time, to show that there is
not the slighest discrepancy between the course pursued by me
in 1838, and the course which I take now. And one of the reso
lutions which the Senator has read —
Mr. Davis. Will the Senator from Kentucky allow me to
state —
Mr. Clay. I will proceed, sir.
Mr. Davis. The Senator has said that he will enter upon the
argument whenever I choose to do so.
Mr. Clay. I do not choose to give way at present.
Mr. Davis. Now is the time to enter upon the argument.
, Mr. Clay. Not until I am done. I am reminded of my com
ing from a slave State. I tell the Senator from Mississippi, and
I tell the Senator from Virginia, that I know my duty, and that
I mean to express the opinions that I entertain, fearless of all
mankind. But, sir, in regard to this resolution of 1838, 1 regret extremely
this premature discussion. I think it would have been better for
the whole Senate if it had been deferred. And I trust the gen
tlemen on the other side will excuse me for saying that it would
have been better for themselves if they had forborne to enter into
the discussion until the question came regularly up. But, sir, as
I do not choose that what I consider a mistaken representation of
my sentiments in 1838, should go out, I will simply state what
they were then, and what they are now.
Sir, there is not a word in that resolution that implies that any
faith was pledged to the States, other than to Virginia and Mary
land, that Congress would not abolish slavery in this Dis
trict. The resolution says that the agitation of the question of
abolition by people living out of the District is, in its tendency,
dangerous to the slave States ; and that the abolition of slavery
in the District of Columbia would be just cause of alarm, not
merely to Virginia and Maryland, but to all the slave States.
And why? What was it that abolitionists then proposed? It
was abolition without compensation ; it was to take the slaves

15
without paying for them. And would it not in that form have been
a just cause of alarm to the other States of the Union owning pro
perty of that description ? The assertion, therefore, of opinion
which I made then was, that, by the nature and objects of the
cession of the ten-miles-square by Virginia and Maryland, it could
not have been anticipated by either of those States that the power
conveyed to the General Government over the ten-miles-square
would be so exercised as to abolish slavery Within those States
respectively ; and further, that, slavery continuing in Virginia and
Maryland, if such an abolition were to take place in the District
of Columbia, and without compensation to the slaveholder, it
would be, as it undoubtedly would have been, a just cause of
alarm to the owners of that description of property, wherever
situated. Now, sir, that was my doctrine in 1838, and that is my
doctrine still.
Sir, I do not regard the mere phraseology of the resolution. I
will not substitute the word " unconstitutional" for the word " in
expedient ;" for I do not believe it to be unconstitutional. I can
not believe it. If "a power to legislate in all cases, whatever be
granted to Congress, does it not comprehend the power to legis
late on the subject of slavery as well as upon all other subjects ?
The power is there ; but there is an implied faith connected with
the power, resulting from the circumstances to which I have re
ferred, imposing on Congress the obligation not to exercise the
power as long as slavery in Virginia and Maryland exists. And
now that Virginia has separated from the District, such abolition
may not take place without the consent of the people of the Dis
trict and of Maryland, and also without, what I contended for in
' I8;38, compensation to the owners of the slaves for their property
thus liberated.
I am extremely sorry to hear the Senator from Mississippi say
that he requires first, the extension of the Missouri compromise
line to the Pacific, and also that he is not satisfied with that, but
requires, if I understood him correctly, a positive provision for the
admission of slavery south of that line. And now, sir, coming
from a slave State, as I do, I owe it to myself, I owe it to truth,
I owe it to the subject, to say that no earthly power could induce
me to vote for a specific measure for the introduction of slavery
where it had not before existed, either south or north of that line.
Coming as I do from a slave State, it is my solemn, deliberate,
and well-matured determination that no power, no earthly power
shall compel me to vote for the positive introduction of slavery
either south or north of that line. Sir, while you reproach, and
justly too, our British ancestors for the introduction of this insti
tution upon the continent of America, I am, for one, unwilling that
the posterity of the present inhabitants of California and New
Mexico shall reproach us for doing just what we reproach Great
Britain for doing to us. If the citizens of those Territories choose

to establish slavery, and if 'they come here with constitutions es
tablishing slavery, I am for admitting them with such provisions
in their constitutions ; but then it will be their own^ork, and not
ours, and their posterity will have to reproach them, and not us,
for forming constitutions allowing the institution of slavery to
exist among them. ; These are my views, sir, and I choose to ex
press them ; and I care not how extensively or universally they
are known. The honorable Senator from Virginia has expressed
his opinion that slavery exists in these Territories, and I have no
doubt that opinion is sincerely and honestly entertained by him ;
and I would say, with equal sincerity and honesty, that I believe
that slavery nowhere exists within any portion of the territory
acquired by us from Mexico. He holds a directly contrary opin
ion to mine, as he has a perfect right to do ; and we will not
quarrel about that difference of opinion.
But, sir, I sincerely regret, as I have before stated, a discussion
upon these resolutions at this time ; for I could show, and at a
proper time Jwould show, that the proposition which I make of
leaving the subject unacted upon with . regard to slavery — with
out any declaration either for or against it — leaving the question
entirely open — I say I could show that, it is a much better propo
sition, as far as the interests of the South are concerned, thanthat
of extending the Missouri line to the Pacific, unless you should
couple with it that, which the Senator from Mississippi knows to
be impossible, a declaration or provision for the introduction of
slavery south of that line. .
Mr. Davis. The Senator from Mississippi knows that.
Mr. Clay. And I say, sir, in my place, that I consider it is
much better for the South that the whole subject should be open
on both sides of an imaginary line — for instance, the line of 36°
30'— than that slavery should be interdicted positively north of
36° 30', with freedom to introduce or establish slavery south of
that line, according to the will of thepeople ; and the proposition
that I have made is infinitely better for the South than the propo
sition which the Senator has suggested, unless he could persuade
Congress to adopt his proposition to declare positively and abso
lutely the right to introduce slavery south of the line. Now, all
this I could have shown, and would have shown if necessary, in
progress of the argument, if Senators would not have entered in
to a discussion, and committed themselves upon the question — if
they had chosen to wait and give a full and fair consideration to
these resolutions — to view them as a system, and to view them in
dependently of each other. But they have' chosen to anticipate
the argument, and I could not remain silent in justice to
myself.