The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-04-18


yailing was like that now prevailing the public
mind, and course was then adopted similar to
the course proposed to be adopted now. What
was that course2 In the act which was passed by
Congress for the admission of Missouri into the
Uniou-that Is to say, authorizing her TO form
State Constitution and Government for herself,
aud 10 come herein that very act was inserted
clause upon the subject Of slavery generally, north
and south of 800 so. What was done on her final
admission? Why, sir, upon her final admission,
It was made dependent upon condition relating
TO the African population Of the United States.
Mr. Clay could not understand what ndgnity
was offered to California by mixing her up with
other subjects II is a simple question whether it
is undigni6ed or not in California TO concur in a
great scheme of national compromise, the object of
which is the restoration Of harmony, peace, and
concord, to this people. Ifthere is any indgnity
in that it is an indgnty which the whole country
will share with her, and one which am utterly
unable to comprehend from anything that has
been stated or can be stated
Mr. Benton What, sirl California concur in
some scheme of paciication. California, standing
outside Of the Union, stranger, to be associated
as regards the question Of admission with other
topics, in scheme of pacfcation in which she is
to concur! The Senator from Kentucky puts it
on the ground that she is not to be allowed to
come in here without having the question Of her
admission associated with other questions, with a
siew &C. psciscstion, and talks about California
concurrng in such proposition! Compromise
Talk Of California concurring in such PROPOSE
tion Sir, she Is concurring in the sense In which
slave bound to stake concurs in relation to
what is done to him. That is the sense in which
she concurs.
will not again 20 over the subjects with which
it is proposed that California shall be mixed up
God Almighty only knows how many they will be,
under the atitudinous boundless order given to
this committee. | know not, sir, how many sub
ects they are to take cognizance Of but intend to
endeavor to ascertain before they go to the COM
mittee. l, sir, according to my reading of the
Constitution am of opinion that there are very
few points on which Congress has jurisdiction in
connection with the subject of slavery-very few
points-and those few arise out of the construction
! of the Constitution. And of those few, MIR Pres
ident in which there is clear constitutional
authority in Congress to interfere with the sub
iect of slavery there are several which this Con-
gress and all former Congresses have refused to
touch-which would myself refuse to touch, and
therefore will not delegate to any committee the
power to touch them
For the present, sir, the question is to exempt
rtaeIU9 irouG't ee5nsia rof THE oomuis
tee Now, sir, we have debated, thoroughly de-
bated, the subject but it is very questionable in
my mind whether it is not a mere question of or
der, which refers itself to the Chair-whether,
under an attempt of the committee TO take cogni-
zance Of the subject of California, question Of
| order may not be made 10 ascertain whether or
not under the words of this resolution California
is referred, and that without any debate on the
subject Sir, it would have to be shown that the
State Government of California her Constitution,
is something that has grown out of the institution
of slavery in the United States, in order to give
| Al 80 l;ntto / Hanu hat haQ
grown out of the institution of slavery in the
| United States or anywhere else. 1t has no con-
necton with it at all and to be forced into violent
conjunction with il, or to be treated as having
been born of slavery, is thing which undertake
to say will be resisted to the last.
wish, sir, to say to the honorable Senator from
Kentucky to whom we are all so much indebted
for the admission of Missouri, that the act which
he quotes is BILL not for her admission as a
State, but Territorial bill Missouri was a
Territory at the time when the Compromise Act
of 1890 was passed. 1t was Territory that
that act was made applicable to it. Yes, sir, il
was the Territory of Louisiana to which the act
applied which the Senator from Kentucky has
quoted and which is called the Compromise Act.
But now comes the act Of admission ITSELF and
| for which | again repeat, we were 80 much in
debted to the Senator from Kentucky; that is,
that Missouri should be admitted into the Union
upon an equal footing with the original States in
all respects and with respect to the fundamental
condition, il is contained In the fourth clause OF
the twenty sixth section Of the third article of the
Constitution submitted on the part Of said State
to Congress, to the following effect: 1t shall not
be construed to authorize the passing of any law
and that no law shall be passed in conformity
thereto, by which any Of the citizens of the other
States shall he excluded from the enjoyment Of
any of the privileges and immunities to which such
Ill Al ~ q Al
United States provided that the Legislature o.
said State, by solemn public act, shall declare
The assent of said State, and shall transmit to tn,
President of the United States on or before thu
fourth Monday of November next, an authent
Gated copy of said act; whereupon, and wthou,
further proceeding on the part of Congress, the
admission of said State into the Union shall bt
considered as complete. That is the substance OF
the provision of the act, sir. That is all Now
this case Of Missouriis affirmed by the practice oil
sixty years Legislation in regard to the same sub.
ject But do not rest upon precedent alone
that is lawyer business IL belongs to FORM II
belongs to a case-hunting lawyer to search the
files for presidents. ] do not go by precedent, cx
cept as it illustrates the case ia hand. go by
reason rather than precedent. ! require these
| things to have q separate consideration; and
refer to over sixty years of legislation, not as
precedent to govern this body, but as an example
to show what has been deemed proper by every
Congress that has preceded US. That is what
want
Mr. Dayton. You take the hazard, by re-
ferring California of defeating her admission, in
the hope that you msy bring something in along
with her-she serving as sugar plum to sweeten
| the dose, that you may swallow them altogether
ask now, with very great respect to gentlemen
of all opinions In this chamber whether it is just
to California to place her in this peculiar posi-.
tion2 She has certain class Of rights, not le-
gal perhaps, which we are bound to recognise
and when we use her, not in matters connected
with her own advantage, but simply for the pur-
pose of subscribing the interests Of party, sub
nit, with great respect that We commit an in.
Justice upon her. Can any man doubt that this
reference of California to this committee, and
bringing her back connected with bills for ter.
ritorial governments and the settlement Of the
Texan boundary, will tend to hazard to some ex-
tent her admission ;or, if not TO haz lrd her ad.
mission, at least to decrease the amount Of votes
which would be given for that admission IL
, she not now, submit, kept back simply for the
purpose of sweetening the dose and making
it more palatable to majority Of this
|, body? This, | submit very respectfully, IL
! what strikes me as obvious on the face Of
this matter II it is unjust to California, l,
!. 1t not equally unjust TO us, who desire to vote
for the admission Of California, that you send
her to your committee of conferencef They
will take the question Of her admission into con-
sideration, and connect ii with other matters
making the whole bill obnoxious TO us as would
be any bill Of such a character, whereby we are
compelled to s5te against California
Mr.. King, Of Alabama advocated a reference
and warned the Senate of the consequences
should California be admitted without an adjust
ment Of other questions.
Mr. Webster. | am inclined to unite with
those Senators who have taken the lead in this
discussion, and also a very large portion Of the