Chapter I: HOPE that Mr. Mendenhall may be treated with the greatest (1)

forbearance and respect. I assure my fellow-citizens here collected, that the presentation of the petition has not occasioned the slightest pain, nor excited one solitary disagreeable emotion. If it were to be presented to me, I prefer that it should be done in the face of this vast assemblage. I think I can give it such an answer as becomes me and the subject of which it treats. At all events, I entreat and beseech my fellow-citizens, for their sake, for my country’s sake, for my sake, to offer no disrespect, no indignity, no violence, in word or deed, to Mr. Mendenhall.

I will now, sir, make to you and to this petition such a response as becomes me. Allow me to say that I think you have not conformed to the independent character of an American citizen in presenting a _petition_ to _me_. I am, like yourself, but a private citizen. A petition, as the term implies, generally proceeds from an inferior in power or station to a superior; but between us there is entire equality. And what are the circumstances under which you have chosen to offer it? I am a total stranger, passing through your state, on my way to its capital, in consequence of an invitation with which I have been honored to visit it, to exchange friendly salutations with such of my fellow citizens of Indiana as think proper to meet me, and to accept of their hospitality. Anxious as I am to see them, and to view parts of this state which I had never seen, I came here with hesitation and reluctance, because I apprehended that the motives of my journey might be misconceived and perverted. But when the fulfilment of an old promise to visit Indianapolis was insisted upon, I yielded to the solicitations of friends, and have presented myself among you.

Such is the occasion which has been deliberately selected for tendering this petition to me. I am advanced in years, and neither myself nor the place of my residence is altogether unknown to the world. You might at any time within these last twenty-five or thirty years, have presented your petition to me at Ashland. If you had gone there for that purpose, you should have been received and treated with perfect respect and liberal hospitality.

Now, Mr. Mendenhall, let us reverse conditions, and suppose that you had been invited to Kentucky to partake of its hospitality; and that, previous to your arrival, I had employed such means as I understand have been used to get up this petition, to obtain the signatures of citizens of that state to a petition to present to you to relinquish your farm or other property, what would you have thought of such a proceeding? Would you have deemed it courteous and according to the rites of hospitality?

I know well, that you and those who think with you, controvert the legitimacy of slavery, and deny the right of property in slaves. But the law of my state and other states has otherwise ordained. The law may be wrong in your opinion, and ought to be repealed; but then you and your associates are not the law-makers for us, and unless you can show some authority to nullify our laws, we must continue to respect them. Until the law is repealed, we must be excused for asserting the rights――ay, the property in slaves――which it sanctions, authorizes, and vindicates.

And who are the petitioners whose organ you assume to be? I have no doubt that many of them are worthy, amiable, and humane persons, who, by erroneous representations, have been induced inconsiderately to affix their signatures to this petition, and that they will deeply regret it. Others, and not a few, I am told, are free blacks, men, women, and children, who have been artfully deceived and imposed upon. A very large portion, I have been credibly informed, are the political opponents of the party to which I belong――democrats, as they most undeservedly call themselves, who have eagerly seized this opportunity to wound, as they imagine, my feelings, and to aid the cause to which they are attached. In other quarters of the union, democrats claim to be the exclusive champions of southern interests, the only safe defenders of the rights in slave property, and unjustly accuse us Whigs with abolition designs wholly incompatible with its security. What ought those distant democrats to think of the course of their friends here, who have united in this petition?

And what is the foundation of this appeal to me in Indiana, to liberate the slaves under my care, in Kentucky? It is a general declaration in the act announcing to the world the independence of the thirteen American colonies, that all men are created equal. Now, as an abstract principle, there is no doubt of the truth of that declaration; and it is desirable, in the original construction of society, and in organized societies, to keep it in view as a great fundamental principle. But, then, I apprehend that in no society that ever did exist, or ever shall be formed, was or can the equality asserted among the members of the human race, be practically enforced and carried out. There are portions of it, large portions, women, minors, insane, culprits, transient sojourners, that will always probably remain subject to the government of another portion of the community.

That declaration, whatever may be the extent of its import, was made by the delegations of the thirteen states. In most of them slavery existed, and had long existed, and was established by law. It was introduced and forced upon the colonies by the paramount law of England. Do you believe that, in making that declaration, the states that concurred in it intended that it should be tortured into a virtual emancipation of all the slaves within their respective limits? Would Virginia and the other southern states have ever united in a declaration which was to be interpreted into an abolition of slavery among them? Did any one of the thirteen states entertain such a design or expectation? To impute such a secret and unavowed purpose would be to charge a political fraud upon the noblest band of patriots that ever assembled in council; a fraud upon the confederacy of the revolution; a fraud upon the union of those states, whose constitution not only recognized the lawfulness of slavery, but permitted the importation of slaves from Africa, until the year 1808. And I am bold to say, that, if the doctrines of ultra political abolitionists had been seriously promulgated at the epoch of our revolution, our glorious independence would never have been achieved――never, never.

I know the predominant sentiment in the free states is adverse to slavery; but, happy in their own exemption from whatever evils may attend it, the great mass of our fellow-citizens there do not seek to violate the constitution, or to disturb the harmony of these states. I desire no concealment of my opinions in regard to the institution of slavery. I look upon it as a great evil, and deeply lament that we have derived it from the parental government, and from our ancestors. I wish every slave in the United States was in the country of his ancestors. But here they are, and the question is how they can be best dealt with? If a state of nature existed, and we were about to lay the foundations of society, no man would be more strongly opposed than I should be, to incorporate the institution of slavery among its elements. But there is an incalculable difference between the original formation of society and a long existing organized society, with its ancient laws, institutions, and establishments. Now, great as I acknowledge, in my opinion, the evils of slavery are, they are nothing, absolutely nothing, in comparison with the far greater evils which would inevitably flow from a sudden, general, and indiscriminate emancipation. In some of the states the number of slaves approximates towards an equality with that of the whites; in one or two they surpass them. What would be the condition of the two races in those states, upon the supposition of an immediate emancipation? Does any man suppose that they would become blended into one homogeneous mass? Does any man recommend amalgamation――that revolting admixture, alike offensive to God and man; for those whom He, by their physical properties, has made unlike and put asunder, we may, without presumptuousness, suppose were never intended to be joined together in one of the holiest rites. And let me tell you, sir, if you do not already know it, that such are the feelings――prejudice, if you please, (and what man, claiming to be a statesman, will overlook or disregard the deep-seated and unconquerable prejudices of the people,)――in the slave states, that no human law would enforce a union between the two races.

What then would certainly happen? A struggle for political ascendancy; the blacks seeking to acquire, and the whites to maintain possession of the government. Upon the supposition of a general immediate emancipation in those states where the blacks outnumber the whites, they would have nothing to do but to insist upon another part of the same declaration of independence, as Dorr and his deluded democratic followers recently did in Rhode Island; according to which, an undefined majority have the right, at their pleasure, to subvert an existing government, and institute a new one in its place, and then the whites would be brought in complete subjection to the blacks! A contest would inevitably ensue between the two races――civil war, carnage, pillage, conflagration, devastation, and the ultimate extermination or expulsion of the blacks. Nothing is more certain. And are not these evils far greater than the mild and continually improving state of slavery which exists in this country? I say continually improving; for if this gratifying progress in the amelioration of the condition of the slaves has been checked in some of the states, the responsibility must attach to the unfortunate agitation of the subject of abolition. In consequence of it, increased rigor in the police, and further restraints have been imposed; and I do believe that gradual emancipation, (the only method of liberation that has ever been thought safe or wise by any body in any of the slave states,) has been postponed half a century.

Without any knowledge of the relation in which I stand to my slaves, or their individual condition, you, Mr. Mendenhall, and your associates, who have been active in getting up this petition, call upon me forthwith to liberate the whole of them. Now let me tell you, that some half a dozen of them, from age, decrepitude, or infirmity, are wholly unable to gain a livelihood for themselves, and are a heavy charge upon me. Do you think that I should conform to the dictates of humanity by ridding myself of that charge, and sending them forth into the world, with the boon of liberty, to end a wretched existence in starvation? Another class is composed of helpless infants, with or without improvident mothers. Do you believe, as a christian, that I should perform my duty towards them by abandoning them to their fate? Then there is another class who would not accept their freedom if I would give it to them. I have for many years owned a slave that I wished would leave me, but he will not. What shall I do with that class?

What my treatment of my slaves is you may learn from Charles, who accompanies me on this journey, and who has travelled with me over the greater part of the United States, and in both the Canadas, and has had a thousand opportunities, if he had chosen to embrace them, to leave me. Excuse me, Mr. Mendenhall, for saying that my slaves are as well fed and clad, look as sleek and hearty, and are quite as civil and respectful in their demeanor, and as little disposed to wound the feelings of any one, as you are.

Let me recommend you, sir, to imitate the benevolent example of the society of Friends, in the midst of which you reside. Meek, gentle, imbued with the genuine spirit of our benign religion, while in principle they are firmly opposed to slavery, they do not seek to accomplish its extinction by foul epithets, coarse and vulgar abuse, and gross calumny. Their ways do not lead through blood, revolution, and disunion. Their broad and comprehensive philanthropy embraces, as they believe, the good and the happiness of the white as well as the black race; giving to one their commiseration, to the other their kindest sympathy. Their instruments are not those of detraction and of war, but of peace, persuasion, and earnest appeals to the charities of the human heart. Unambitious, they have no political objects or purposes to subserve. My intercourse with them throughout life has been considerable, interesting, and agreeable; and I venture to say, nothing could have induced them as a society, whatever a few individuals might have been tempted to do, to seize the occasion of my casual passage through this state to offer me a personal indignity.

I respect the motives of rational abolitionists, who are actuated by a sentiment of devotion to human liberty, although I deplore and deprecate the consequences of the agitation of the question. I have even many friends among them. But they are not monomaniacs, who, surrendering themselves to a single idea, look altogether to the black side of human life. They do not believe that the sum total of all our efforts and all our solicitude should be abolition. They believe that there are duties to perform towards the white man as well as the black. They want good government, good administration, and the general prosperity of their country.

I shall, Mr. Mendenhall, take your petition into respectful and deliberate consideration; but before I come to a final decision, I should like to know what you and your associates are willing to do for the slaves in my possession, if I should think proper to liberate them. I own about fifty, who are probably worth fifteen thousand dollars. To turn them loose upon society without any means of subsistence or support would be an act of cruelty. Are you willing to raise and secure the payment of fifteen thousand dollars for their benefit, if I should be induced to free them? The security of the payment of that sum would materially lessen the obstacle in the way of their emancipation.

And now, Mr. Mendenhall, I must take respectful leave of you. We separate, as we have met, with no unkind feelings, no excited anger or dissatisfaction on my part, whatever may have been your motives, and these I refer to our common Judge above, to whom we are both responsible. Go home, and mind your own business, and leave other people to take care of theirs. Limit your benevolent exertions to your own neighborhood. Within that circle you will find ample scope for the exercise all your charities. Dry up the tears of the afflicted widows around you, console and comfort the helpless orphan, clothe the naked, and feed and help the poor, black and white, who need succor; and you will be a better and wiser man than you have this day shown yourself.

ON THE ADMISSION OF CALIFORNIA,

AND OTHER MATTERS CONNECTED WITH

SLAVERY IN THE STATES AND TERRITORIES.

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

[THE thirty-first congress commenced its session in the midst
of great excitement, principally in relation to the question of
slavery, and more particularly in connection with California,
which newly-acquired territory was then seeking admission into
the Union as a state. Mr. Clay had been induced to return again
to the senate, and his genius and self-sacrifice did more,
perhaps, to control the elements of discord, and reconcile
contending factions, than the labors of any other single
individual. Many projects were submitted, which were _nearly_
unexceptionable; but it remained for Mr. Clay to embody
in a series of resolutions such conciliatory propositions
as ultimately met the approval of all who were desirous of
‘promoting the greatest good of the greatest number.’ We have
not been able to procure a perfect copy of his speech on the
occasion of submitting these resolutions, but the following
abstract will afford a tolerably correct idea of what was said.]

MR. PRESIDENT: I hold in my hand a series of resolutions, which I desire to present to the consideration of the senate. Taken together, they propose an amicable arrangement of all the questions in controversy between the Free and Slave states, growing out of the subject of the institution of slavery. It is not my intention at this time to enter into a full and elaborate discussion of each of the resolutions, as proposing a system of measures; but I desire to present a few observations upon each resolution, for the purpose of placing them fairly and fully before the senate of the country;――and I may add, with the indulgence of the senate, towards the conclusion of my remarks, some observations about the state of the country, and the questions to which the resolutions relate, whether they shall or shall not meet with the approbation and concurrence of the senate, as I most earnestly hope they may;――as I sincerely trust they will. I trust that, at least some portion of that time which I have devoted with careful deliberation to the preparation of these resolutions, and to the presentation of this great national scheme of national compromise and harmony,――I hope, I say, that some portion of that time will be employed by each senator before he pronounces against the proposition. These resolutions are preceded by a preamble as follows:

It being desirable, for the peace, concord, and harmony of
the Union of these states, to settle and adjust amicably,
all questions of controversy between them arising out of the
institution of slavery, upon a fair equality and just basis;
therefore――

FIRST――_Resolved_, That California, with suitable boundaries,
ought, upon her application, to be admitted as one of the
states of the Union, without the imposition by congress of any
restriction to the exclusion or introduction of slavery within
those boundaries.

It must be acknowledged that there has been some irregularity in the movements in California, which have resulted in the formation of her Constitution. It was not preceded by any action of congress authorizing a convention, and designating the boundaries of the proposed state, according to all the cases of the admission of new states into this Union, which were admitted prior to that of Michigan, if I am not mistaken, which, unauthorized by congress, undertook to form for herself a Constitution, and to knock at the door of congress for admission into the Union. I was myself at the time, I recollect, when Michigan presented herself, opposed, in consequence of that deviation from the early practice of the government, to her admission. The majority determined otherwise, and it must be in candor owned, 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 Michigan into the Union, it has been a happy event. She forms now one of the brightest states of this glorious confederacy. She has sent here to mingle in our councils senators and representatives so distinguished, that we may all associate with them with pride, with pleasure, and 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 proposed by this first resolution, with suitable limits, she, too, may make her contribution of wisdom, patriotism and good feeling to this body, to conduct the affairs of this great and boundless republic. The resolution proposes her admission when she applies. There is no intention on my part to anticipate such an application, but I thought it right to present this resolution as a part of the general plan on which I propose the adjustment of this unhappy question. The second resolution is as follows:

SECOND――_Resolved_, That as slavery does not exist by law, and
is not likely to be introduced into any of those territories
acquired by the United States from the republic of Mexico, it
is inexpedient for congress to provide, by law, either for its
introduction into, or its exclusion from, any part of the said
territory: and that appropriate territorial governments ought to
be established by congress, in all of the said territories, not
assigned as the boundaries of this proposed state of California,
without the abolition of any restrictions or condition on the
subject of slavery.

Sir, it proposes the 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 the present time, slavery within any portion of the territory acquired from Mexico. When I say what that truth is, I speak my own deliberate and solemn 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 reason for a change or modification of their opinion; and if they adhere to it, 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, with all the evidence upon which the fact rests, which, I suppose, is as accessible to other senators as to myself. I must say that from all I have heard or read, from all the witnesses that 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 from Mexico will slavery ever be planted; and I believe it could not be done by the force and power of public authority. Facts are daily transpiring to justify this conclusion. I invite senators, from the free states especially, to consider what has occurred since the last session, and even since we have left our respective constituencies, without an opportunity of our own of consulting with them upon that great and momentous fact. The fact is that California herself, although it was asserted and predicted that she never would establish slavery when she came to be a state, has in a convention, by a unanimous vote, declared against the introduction of slavery within her limits. I think, sir, taking that leading fact into consideration, with all the evidence which has reached me, I am warranted in the conclusion which constitutes the second truth that I have stated in this resolution, that slavery is not likely to be introduced into any of our newly-acquired territories, and the latter part of the resolution asserts that it is the duty of congress to ‘establish appropriate territorial governments within all that territory, exclusive of California, not embracing in the acts by which these governments shall be constituted, either a prohibition or an admission of slavery.’ Much as I am disposed to defer to high authority――anxious as I really am to find myself in a position which would enable me to coöperate heartily with other departments of the government in conducting the affairs of this great people――I cannot concur in the propriety of a dereliction of those territories――of an abandonment of them, leaving them, without government, to all those scenes of disorder, confusion and anarchy, which, I regret to say, with respect to some of them, there is too much reason to anticipate will arise. It is the duty――the solemn――I was going to add, almost the sacred duty of congress――to legislate for that people, if they can; and, at all events, to attempt to legislate for them, and to give them the benefit of law, order and security.

The next resolutions, sir, are the third and fourth, which, having an immediate connection with each other, should be read together:

THIRD――_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 continuing in the same direction, to the line as established
between the United States and Spain, excluding any portion of
New Mexico, whether laying on the east or west of that river.

FOURTH――_Resolved_, That it be proposed to the state of Texas
that the United States will provide for the payment of all that
portion of all the legitimate and _bona fide_ public debts of
that state, contracted 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 ――――
dollars, in consideration of the 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 shall, by some
solemn and authentic act of her legislature, or of a convention,
relinquish to the United States any claim which it has to any
part of New Mexico.

Mr. Clay did not intend to go into the complex question as to what were the due limits of Texas. His opinion was that Texas has not a good title to any portion of what is called New Mexico; but he was free to admit that, looking at the ground which her senators assumed, the law of Texas of ’35, the treaty with Santa Anna, and so on――looking to all these facts, but not yielding to them all the force which gentlemen claimed for them, he must say that there was plausibility in the claim which she sets up. He proposed then, that whether the Neuces or the Bravo is, or is not, the boundary of Texas, that her western limit shall be on the Del Norte, from its mouth to the mouth of the Sabine. He proposed also, in connection with this decision of the question of boundary, that congress shall pay the debts of Texas, for the liquidation of which the duties on foreign goods imported into Texas were pledged prior to annexation.

After some remarks relative to the circumstances connected with the contraction of these debts by Texas, Mr. Clay said, in his humble opinion, he thought if there was justice or truth, we owe to the creditors of Texas the duty of reimbursing them for money loaned upon the pledges of those revenues, which were cut off by annexation. He proposed, also, that Texas should, for the consideration mentioned, relinquish any claim she may have to any portion of New Mexico. He was willing to give something for even an imperfect claim of this kind for the sake of peace.

The fifth and sixth resolutions were as follows:

FIFTH――_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 compensation to the owners of slaves within the
District.

SIXTH――_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, said Mr. Clay, simply asserted that slavery ought not to be abolished in the Federal District, except on the conditions named. The sixth resolution expressed the expediency of prohibiting the slave trade in the District. He did not mean to interfere with the sale of slaves, from one family to another in the District; the slave trade which he proposed to prohibit was that which Mr. Randolph, forty years ago, pronounced an abomination. It was a mistake on the part of the North, if they supposed that the people of the South generally looked upon the slave trader, or his occupation, with complacence. The slave dealer was frequently excluded from association with the respectable and worthy in the South. He proposed that the slave trader should go to other parts to pursue his calling――that he should not be permitted to erect his prisons here, and put on his chains, and sometimes shock the feelings by their trains of manacled beings through our streets and avenues. Neither should they bring them here. There was no necessity for it, and it ought to be prohibited.

The seventh resolution related to a matter now under discussion in the senate, and he would refrain from any general remarks upon it. It was as follows:

SEVENTH――_Resolved_, That more effectual provision ought to be
made by law, according to the requirements 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 of this Union.

The eighth and last resolution provided that congress has no power to prohibit the trade in slaves between the _states_. It was as follows:

EIGHTH――_Resolved_, That congress has no power to prohibit or
obstruct the trade in slaves between the slaveholding states,
and that the admission or exclusion of slaves brought from
one into another of them, depends exclusively upon their own
particular law.

It was obvious that no legislation was intended as a consequence of the resolution; it merely asserted a truth. He had thought that, in looking at this whole subject, it was fit and proper to resort to great and fundamental principles, to keep them before the mind, that they might not violate them. These resolutions involved no sacrifice of any principle; they were founded upon a basis of mutual forbearance and concession――a concession not of matters of principle, but matters of feeling merely. He thought, in view of all the circumstances, a more liberal concession might be expected from the free states than could be asked of the South; and, truly, with gentlemen from the North this question was an abstraction, while with the people of the South it was a principle involving their property, and, as a large portion of them believed, of their prosperity and peace. The North, too, was numerically more powerful, and greatness and magnanimity should always go together. Mr. Clay concluded with a most eloquent appeal in behalf of harmony, peace, mutual concessions, and forbearance, for the sake of the Union. In the course of his remarks, he exhibited a sacred relic――a piece of the coffin of Washington――presented that morning, and submitted some thrilling observations relative to the distinguished dead, and the spirit which he, if upon the stage of action, would urge in the settlement of the momentous question under discussion.

* * * * *

Mr. Clay said, his proposition was not to take absolutely from Texas the territory which she claimed; it made a proposition to Texas for her consideration. He had expressed, it was true, his own opinion that the title of Texas was not good to the territory in question, and at the same time he would be happy to discuss that question.

In the course of a conversation which ensued between Mr. Clay and Mr. Foote, the latter asserted that the faith of congress was pledged to all the Southern states, and not Maryland alone, for the preservation of slavery in the District.

_Mr. Clay._ Suppose slavery be abolished in Maryland to-morrow, have we no power to abolish it here?

* * * * *

Mr. Mason, of Virginia, and Mr. Davis, of Mississippi, expressed their determination never to sanction such a compromise as that embraced in the resolutions which had been offered. They also indulged in some reflections upon the course of Mr. Clay, as a senator from a slave state.

Mr. Clay replied briefly, premising by saying, in answer to the reflections cast by the senators from Virginia and Mississippi (Mr. Mason and Mr. Davis,) I tell these gentlemen that I know my duties, and I mean to express my opinions, fearless of all mankind. He also said――Coming from a slave state, as I do, no earthly power can ever compel me to vote for the positive introduction of slavery, either north or south of the Missouri Compromise,――_No, Sir_――No!

Mr. Clay desired to say, that these were not abstract propositions, but designed for positive action, by their reference to appropriate committees, who shall report bills in relation to the several subjects requiring legislative action.

ON THE CONSTITUTION OF CALIFORNIA,

AND IN REPLY TO SOME

REMARKS ON HIS INTERCOURSE WITH OTHER SENATORS.

IN THE SENATE OF THE UNITED STATES, FEB. 15, 1850.

[DURING the progress of the debate on the resolutions submitted
by Mr. Clay, President Taylor transmitted to congress a message,
apprising that body that he had received the constitution
adopted by the people of California, accompanied with an
application for admission as a state into the Union. The
reference of this message was warmly discussed; and while it
was under consideration, Mr. Clemens, of Alabama, indulged in
several unwarrantable ‘flings’ at Mr. Clay, among other things
expressing his surprise at the ‘fellow-feeling’ which existed
between him and Mr. Benton. This drew forth the following
rejoinder, in which other matters are collaterally noticed. (It
may be proper to state here that the resolutions of Mr. Clay,
together with several other propositions from different sources,
were finally referred to a committee of thirteen, which was
chosen by ballot, and of which Mr. C. was elected chairman.)]

MR. CLAY rose to reply to one of the remarks of the senator from Alabama, Mr. Clemens. What right had the senator to animadvert upon a conference held between the senator from Missouri (Mr. Benton) and him? It was very true that for several years there did exist other than the most cordial feeling between him and Mr. Benton――that a system of non-intercourse was established between them, if gentlemen pleased so to call it. Some three years ago they had come together, having made peace with each other, as Mr. Clay wished he might be able to do with all the world; but with respect to intimations of any mutual deliberation and consideration of measures proposed to be introduced, he had to say, that there was nothing of the kind; he had never seen or heard any thing in relation to the bill proposed and introduced by Mr. Benton, proposing to reduce the boundaries of Texas, until it was brought into the senate. On the other hand, Mr. Benton had never seen, heard or thought, so far as he knew, of the series of resolutions recently introduced by him. What, then, had the senator who had denounced their intercourse to go upon? Was he to speculate upon the object of that private conference, and to make such deductions as seemed to him to be proper? He had no right so to do, and the conclusion showed how incorrect his deductions were. He would repeat that there was no interchange of opinion between him and Mr. Benton at all, in relation to their respective projects. It was true, that at the time alluded to, they did converse together upon the proper dispositions of subjects coming before the senate, but what right had others to attempt to place a construction upon their motives? He must protest against submitting his private intercourse to any such test as that. He was, and had been so deeply impressed with a sense of the awful dangers which menace the existence of the government, that if the senator had been his most bitter enemy, and had come to him to consider the means best calculated to rescue the common country from impending danger, he would have counselled with him, as with his friend――if by so doing he might hope to accomplish so desirable an end. Mr. Clay desired to notice one or two other points to which the senator had alluded. He (Mr. Clay) had said, that in the admission of California there was no concession from either side:――true, the North would get what she wanted; but it would be from causes not under the control of congress, and not by concession. It had been said that, if received with her inhibition of slavery, congress would be responsible for it. He proceeded to show that this was not true, but that if congress passed laws allowing the people of California to frame a constitution and erect a state, congress would then more reasonably be held responsible for any act decided upon by the people, with reference to the institution of slavery. He had admitted that there was some irregularity in the action taken by California; but was there not good ground for excuse for this child, which, having been abandoned by its natural parent, had adopted the necessary measures for her own protection, and now came back again, asking its neglectful parent to receive it into the family of states? Similar irregularities had been overlooked in the case of Michigan, notwithstanding the necessities of her situation were by no means commensurate with those of the people of the Pacific――the former had a form of government, under which she had existed and found peace and security for years――the latter were without law or means of protection. A sentiment had been reiterated in the senate to-day, which he had heard, alas! too often, and which he never heard without a shudder. The senate was told that, in a certain contingency, the South were to take a specific course, regardless of consequences. Was that true? For one, he knew of no condition in which man could be placed, either on the boundless prairies of the west, in the midst of the howling winds and lashing fury of the ocean storm, or in the deliberative body――none in which a moral, rational, accountable being could take a step regardless of consequences. It was because he did regard consequences the most important, that he was led to make every effort in his power to avert the greatest of human calamities――a consequence fraught with evil, not to his country alone, but to the cause of humanity throughout the world.

* * * * *

Mr. Foote made some remarks in vindication of his observations
in relation to the recent intercourse between Mr. Benton and
Mr. Clay; in the course of which he suggested to Mr. Clay that
there was sometimes something in his demeanor, when excited in
debate, which had the appearance of menace. He also alluded to
a speech made by that senator eleven years ago, in which he said
that certain acts, if persisted in, would dissolve the Union,
and dissolve it in blood. Mr. F. went on at length with some
personal remarks upon Mr. Clay, Mr. Seward and Mr. Benton.

Mr. Clay said a few words in reply to Mr. Foote’s remarks about the intercourse between him and Mr. Benton, and in the course of a few observations, suggested to him the impropriety of attempting to draw deductions from such private intercourse. He reminded Mr. Foote that he himself that morning had come over to him, and held a long conversation with him, in relation to the difficulties which concerned the affairs of the country,――and asked him whether it would not have been unfair for some northern man to have imputed to the senator dishonorable motives in seeking that interview. It is an evil――a political and social evil――it is a wrong toward those who are the sufferers thereby――those were his opinions, but he quarrelled with no man who thought otherwise. In conclusion, he denied all ambitious projects: he stood, as it were, upon the brink of eternity, expecting soon to go hence, and owed no responsibility which he was not prepared to meet here and before God. If the senator from Mississippi chose to call him an Abolitionist――well and good; he would only say, that if there was any one man in the community more abused by the Abolitionists than another, it was he.

Mr. Cass (interrupting) said, that if Mr. Clay claimed to be
the best abused man in the community, he must take exception.
(Laughter.)

Mr. Clay further defended his resolutions. He had honestly, in the sight of God, endeavored to bring forward a scheme of compromise for the purpose of keeping the Union together in one family, with harmony and concord. In supporting that scheme he had not forgotten to rebuke the fanatics of the north for their course, as well as to call upon the south not to persist in what would not bear the scrutiny of reason and judgment. It was enough for him that his plan of settlement was rejected by the ultraists of both sections.

ON THE COMPROMISE MEASURES,

REPORTED BY THE COMMITTEE OF THIRTEEN.

IN THE SENATE OF THE UNITED STATES, MAY 13, 1850.

[ON the 8th of May, Mr. Clay, as chairman of the committee of
thirteen, to whom the proposed ‘compromise measures’ had been
referred, presented a long report, embodying the views and
recommendations of a majority of the committee, and suggesting
that, ‘if such of these several measures as require legislation
should be carried out by suitable acts of congress, all
controversies to which our late territorial acquisitions
have given rise, and all existing questions connected with
the institution of slavery, whether resulting from those
acquisitions or from its existence in the states and the
District of Columbia, will be amicably settled and adjusted,
in a manner, it is confidently believed, to give general
satisfaction to an overwhelming majority of the people of the
United States.’ The report was ably discussed for several weeks,
Mr. Clay and his friends frequently enlisting all their energies
in its support. The following embraces his reply to several
objections which had been raised by opposing senators.]

MR. CLAY rose and said: I have risen, Mr. President, for the purpose of making some further explanation, and an additional exposition to that contained in the report of the Committee of Thirteen, which has recently been in consultation upon the important subjects referred to them. When the report of the committee was presented to the senate last week, various members of the committee rose in their places, and stated that certain parts of the report did not meet with their concurrence. It might have been stated with perfect truth that no one member of the committee concurred in all that was done by the committee. There was a majority upon most, and even upon all the subjects reported by them; and each member, perhaps, if left to himself separately, would have presented the various matters which were reported to the senate in a form somewhat different from that in which they were presented in the report. I was myself, upon one occasion, in the minority in the committee; yet I have not been discouraged in the least degree by the differences which existed in the committee, or which were manifested in the senate last week. Gentlemen who did not exactly agree to what was done, will, in the progress of the measure, endeavor to make it conformable to their wishes. If it should not be so modified, I indulge with great confidence in the hope that no one of them is so irrevocably committed against the measures as to induce him, upon the question of its final passage, to vote against it. I am not authorized to say, and do not mean to say, that there will be an affirmative vote of every member of the senate in favor of the measure upon the final passage of the bill; but I need not say that I indulge the hope, whether all modifications which were desired by various members of the committee may or may not be made, that finally there will be not only a unanimous concurrence of the committee generally in the measure recommended, but I trust it will leave this branch of congress with a large majority in its favor. I repeat that I am not discouraged by any thing that has transpired in the committee, or in the senate, or in the country, upon the subject of this measure. I have believed from the first, and I yet firmly believe, that if these unhappy subjects which have divided the country shall be accommodated by an amicable adjustment, it must be done upon some such basis as that which the committee has reported. And can there be a doubt on this subject? The crisis of the crisis, I repeat, has arrived, and the fate of the measures which have been reported by the committee, in my humble judgment, determines the fate of the harmony or distraction of this country. Entertaining that belief, I cannot but indulge the hope, that no honorable senators, who, upon the first hearing of the report, might have seen some matters in it objectionable, according to their wishes or judgment, will see fit to oppose its final passage; but that the entire senate, after a full consideration of the plan proposed, and after a fair contrast between this and all other proposed plans――at least all other practicable plans of adjustment of the question――whatever expectations or hopes may have been announced elsewhere, out of this body, will concur in this measure brought forward by the Committee of Thirteen, and that ultimately the measure will obtain the general concurrence of both houses of congress.

But I have risen, as I announced, more particularly for the purpose of entering into some further explanation of the course of the committee, and of throwing out some few observations in support of the measures which they have recommended for the adoption of the senate.

The first measure upon which they reported was that of the true exposition of the compact between the United States and Texas, upon the occasion of the admission of that state into the Union. Upon that subject, as already announced in the report, I am happy to say, there was an undivided opinion. Two honorable senators――one of whom is now absent, and the other present――while they declared that they would not hold themselves, and did not intend to be regarded as holding themselves, in every possible state of things, and in every contingency, to vote for the admission of states that might hereafter be carved out of Texas; but that they reserved to themselves, as I understood them, the right to determine this question whenever any new states formed out of Texas should present themselves for admission.――Whether, under all the circumstances of the country, and the circumstances under which a new state might present itself it should or should not be admitted, they made this reservation; and yet they united most heartily in the true exposition of the compact between Texas and the United States, according to which, as we all know, a number of states, not exceeding four, with or without slavery, having the requisite population, with the consent of Texas, were to be admitted into the Union, from time to time, as they might be formed, and present themselves for admission.

But I will not dwell longer upon that part of the subject. I will now approach that which, in the committee, and perhaps in the two houses, has given the most trouble and created the most anxiety, amongst all the measures upon which the committee have reported――I mean the admission of California into the Union. Against that measure there were various objections. One of these objections was with respect to its population. It has been contended that it ought only to be admitted, if admitted ♦at all, with one representative; that if admitted with two representatives, it would be a violation of the Constitution of the United States, and that there is no sufficient evidence before the senate and the country that its population would entitle it even to one representative. I suppose that no one will contend――California and the other acquisitions from Mexico having been admitted into the Union only about two years ago last February (that, I believe, was two years from the date of the treaty of Hidalgo)――that that sort of evidence, to entitle her to one or two representatives, which is furnished by the decenial enumeration of the population of the United States, would be requisite. It is impossible, with respect to California, that any such evidence should be furnished, she having been a part of a common empire only for the short time I have mentioned. Now, let me ask, what was done in the institution of the first apportionment of the representation among the states of the Union? There was no federal enumeration of the people of the United States upon which that apportionment was made. So many representatives were allowed to one state, and so many to another, and so on, completing the number provided for by the Constitution of the United States; but in that instance, the convention that allotted these representatives to the various states based it upon all the information which they possessed, whether it was perfectly authentic or not. It is known by those who are at all acquainted with the adjustment of the question of representation among the several states, that in several of them (I may mention Georgia) it was pretty well known at the time that a larger number of representatives were allotted than the exact state of the population would authorize. But it was said in that case, ‘Georgia is a new state, rapidly filling up; a strong current of emigration is flowing into her limits, and she will soon have――perhaps by the time the two representatives take their seats――the requisite population.’ In this way, not upon information obtained under federal authority, but upon information obtained by all the modes by which it could be procured, and which was of a nature calculated to satisfy the judgment of the convention, was the apportionment of the representation made by the framers of the constitution.

So of a more recent acquisition or annexation――that of Texas. Nobody believed, I think, at the time, that Texas had a population sufficient to entitle her to two representatives. As in the case of some of the old thirteen states, so in the case of Texas, it was known that she was rapidly filling up――as I have no doubt will turn out to be the fact when the next census comes to be taken in Texas――that before the enumeration of the next census was taken, she would have a population entitling her to two, and probably more representatives.

Now, sir, there is an error existing, as it seemed to me from the observation of one or two friends the other day, with regard to the requisite population to entitle California to two representatives. It is not, as it is supposed, double the ratio which was fixed by congress ten years ago. The ratio was fixed at 70,680; but it was expressly provided in the law establishing it, that any state which had an excess beyond a moiety of the ratio established, should be entitled to an additional representative. According to the provision of that law, to entitle California to two representatives, she would only be required to have a population of 106,021, and not as was supposed, 140 odd thousand. Now, the question is, leaving out of view altogether the rapid augmentation which is daily taking place in the population of California, whether she has a population at this time――at the time when two members come to be admitted――which would entitle her to two representatives. Upon this subject, I have that which appears satisfactory to my mind, and I trust, to the minds of other senators.