The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-19
amendment OF the gentleman from Missouri


80 min, as il is understood. This certainly
does divide it. And the amendment to the
amendment is that, as to all the country thus
cut of upon the south side Of the line Of SO
deg 80 min, within the present limits Of
California, when the country shall apply for
admission, it shall be no objection to her adj
mission that she has slavery in or out of her
constitution.
1t seemed, therefore, that California was
to be divided; that her southern boundary
was to be So deg. 80 min; that State was
to be created south of that line, and that it
should be no objection to the admiss on Of
such State, either on the part of the North
or the South, that her constitution admitted
slavery, il such should be the case.
Mr.. McCLERNAND (interposing) in
quired if il would not be better that they
should vote for the amendment to the amend
ment, then vote down the Amendment as
amended.
Mr.. VAN DYKE replied, that that was
merely child's play He was expressing
merely his individual opinion, which was de-
MED by gentlemen from the South. Heidi not
disapprove Of the expression oftheir opinions
by the Representatives on this floor, il gen
tlemen who wished them would present a case
in which they could express them, and not
embarrass great practical measures. But as
he believed such would be the effect Of vot-
ing for this, or for any other amendment not
necessary to perfect any bill, he should vote
against it.
But hecould not approveof this amendment
for another reason. He held that it was not
proper for this Congress- at this time, to
speak upon this subject He could not speak
for his successor; he (Mr. v. ID. did not
expect to be here when that question came
up in practical form-he did not know
whether the gentleman from Alabama, or
any gentleman now here, would be here them:
why, therefore, should they express their
opinion upon subject which was not before
them9 They were not called to act-they
could not. determine tie question; but they
might embarrass those who should come after
them. He did not know that it would embar-
rass their successors in Congress, but it could
have no binding effect at all upon them.
For this reason he was unwilling to ex-
press that opinion now, and for the other
reason, that the amendment of the gentleman
from Alabama assumed that California was
to be divided. He repeated, however, II
that question were to be presented in any
fair, proper, useful waysuch, for instance,
as the application of State for admission,
with constitution recognising slavery--if it
were to be presented in connection with any
such question, and to be legitimately before
the House, he believed it would MT be pro-
per for him tovote to reject the requestsof
such State applying for admission, merely
because she had sucha provision in her con-
stitution.
He withdrew the amendment.
Mr.. McCLERNAND said he would re-
new the amendment offered by his friend from
Alabama, Mr. INGE,] Cor the purpose Of
enabling himself to make an explanation.
He differed from the gentleman from New
Jersey, Mr. VAN DYKE,l who said he
would vote against the amendment, although
he approved of the principle it contained.
How could the gentleman do that consis-
sistentIy? Did he not suppose that his vote
would be regarded as afording the best in
dex of his future course9 1t was votes, not
professions, that would satisfy the country,
and settle this troublesome question Of
slavery.
Mr.. C.. said he would vote for the amend
ment, because he approved of the principle
it contained--he would vote for it now, and
ever expected to be willing to vote for it,
1t belonged to the people Of the States, and
not to Congress, to determine the character
Of the municipal institutions Of the States,
whether in regard to slavery, or any other
subject Of municipal regulation. In all such
the States were as foreign to the
Federal Government as to Great Britain.
It was only in the excepted cases expressed
upon the face OF the Constitution, that Con-
gress had any power to restrain or control
the States; and upon this principle, when
Congress had been assured that the State APP
plying for admission into the Union was re-
publican in form, nothing remained but for
Congress to admit the State, in the exercise
Of sound discretion-it might be that Con-
gress was absolutely bound to do So Upon
this principle Mr.. McC. was now ready to adj
init California conformity with provision for the
Territories, if possible; and if not conformity,
separately And upon the same principle he
would have felt himself bound to vote for the
admission Of California as slave State, If
she had so presented herself. He had voted
for the admission of Texas and Florida, two
slaveholding States, notwithstanding their
liberation Of slavery; and in like manner, he
was willing, at the proper time, to vote for
the admission of the States to be formed out
of the residue Of our Territories without refer
ence to slavery, notwithstanding his individual
opinions in regard to that institution. Yes,
he would vote for the amendment as the as
sertion Of sound and substantial principle
he would do that, although he might feelit
to be his duty to vote against the proposition
upon which it was proposed to engrait it.
that was, the amendment offered by the gen
tleman from Missouri; which, if it prevailed,
would dismember the State Of California.
And he would take the liberty to advise the
same course to all who agreed with him on