posing to go still further, and expressly provide for the condition of things in the territories for all time to come. He thought that it did not become this Congress to attempt to bind future Congresses. In his opinion, each Congress ought to shoulder its own responsibilities. He desired that the regulation of this matter should be left to the future, when the territories should present themselves for admission into the Union. "I know [continued Mr. S.] that there are a great many gentlemen of the North, who, notwithstanding the express instructions of their legislatures, are ready to act upon the other bills, and leave the question respecting slavery to be determined by the inhabitants of the territory.

"There are others of us who have made up our minds never to vote for the admission of new slave States, except those which we are already bound by compact to admit, as in the case of the new States to be formed from a part of Texas. Now, in order to avoid this whole question, I desire to strike out what I have indicated, without inserting anything whatever."

The question was taken by tellers on the amendment, and it was rejected-ayes 58, noes 85.

The bill was then passed, 97 to 85.*

With the passage of this bill terminated the long and arduous conflict, respecting the interference by Congress, with the subject of slavery in the Territories, which sprung up immediately after the acquisition of California and New Mexico, by the treaty of Guadalupe Hidalgo.

The acquisition of new territory had once before violently con

Yeas.-Messrs. Albertson, Alston, Anderson, Ashe, Averett, Bay, Bayly, Beale, Bissell, Bokee, Bowlin, Boyd, Breck, Briggs, Brooks, William J. Brown, Chester Butler, George A. Caldwell, Joseph P. Caldwell, Casey, W. R. W. Cobb, Daniel, Deberry, Dimmick, Disney, Dunham, Edmundson, Eliot, Alexander Evans, Ewing. Fuller, Gentry, Gerry, Gilmore, Gorman, Hall, Haralson, I. G. Harris, T. L. Harris, Haymond, Hibbard, Hilliard, Hoagland, Houston, Howard, J. W. Jackson, A. Johnson, J. Johnson, Jones, Kaufman, Kerr, La Sere, Leffler, Levin, Littlefield, Job Mann, Marshall, Mason, McClernand, McDonald, McDowell, McLanahan, R. M. McLane, F. E. McLean, McMullen, McWillie, Morehead, Morton, Outlaw, Owen, Parker, Peaslee, Pitman, Potter, Richardson, Robbins, Robinson, Rose, Ross, Savage, Shepperd, Stanly, F. P. Stanton, R. H. Stanton, Strong, Jacob Thompson, James Thompson, J. B. Thompson, Thurman, Toombs, Walden, Watkins, Welborn, Wildrick, Williams, Wilson, and Young-97.

Nays.-Messrs. Alexander, Allen, Bennet, Bingham, Booth, Bowdon, A. G. Brown, Burrows, Burt, T. B. Butler, Joseph Cable, Calvin Campbell, Chandler, Clark, Colcock, Cole, Corwin, Crowell, Dickey, Dixon, Doty, Duer, Duncan, Durkee, Nathan Evans, Featherston, Fitch, Fowler, Giddings, Gott, Gould, Halloway, Harlan, S. W. Harris, Hebard, Henry, Holladay, Holmes, Howe, Hubbard, Hunter, Inge, W. T. Jackson, Julian, G. G. King, J. G. King, J. A. King, P.King, Horace Mann, Matteson, McKissock, McQueen, Meacham, Meade, Moore, Morris, Nelson, Newell, Ogle, Olds, Otis, Peck, Reed, Reynolds, Root, Rumsey, Sackett, Sawtelle, Schenck, Schoolcraft, Seddon, Silvester, Sprague, Thaddeus Stevens, Stetson, Sweetser, Taylor, Tuck, Van Dyke, Vinton, Waldo, Wallace, Wentworth, and Woodward-85.

*

vulsed the country. The purchase of Louisiana by Mr. Jefferson's administration was vigorously resisted by many northern statesmen, and the admission of the State of Louisiana into the Union was pronounced by the legislature of Massachusetts to be unconstitutional. The people of the South were generally favorable to the annexation of Texas, and to the war with Mexico, by which the Territories of New Mexico and California were acquired, but when it became apparent that these territories would become inhabited principally by emigrants from the non-slaveholding States, they very naturally viewed with repugnance these unforeseen results. During the Presidential election of 1848, the South had approved with very great unanimity the doctrine of nonintervention. Her leading statesmen and politicians had in many instances expressed the opinion that the people of a territory in forming a State constitution were entitled to say for themselves whether they would tolerate or prohibit slavery. When, therefore, California offered herself for admission with a constitution made by her own people, the South could not consistently refuse her assent to that constitution, on the ground that slavery was prohibited. Other ground was therefore taken that her territory was too large-that the public domain was not adequately protected-and that a portion of the country south of latitude 36 30 should be reserved for another State. The pressure for the admission of California, however, was too powerful for any opposition to resist. Her population was composed of people from every State in the Union, who were urging upon members of Congress the strongest considerations, of a private as well as of a public character, in favor of her admission. The remoteness of her position, the necessity which existed for the speedy establishment of an organized government there, the unsettled state of the land titles to her territory, certain to become more complicated as her population increased, the value of her immense commerce, and the wealth known to be treasured in her soil, all constituted an array of arguments so potent as to be overwhelming and irresistible. We have seen that it was proposed early in the session to unite all the territorial questions in one bill, and thus form one system of compromise adjustment. Even those

* In February, 1847, Mr. Calhoun offered to the Senate the following among other resolutions:

Resolved, That it is a fundamental principle in our political creed, that a people, in forming a constitution, have the unconditional right to form and adopt the government which they may think best calculated to secure their liberty, prosperity, and happiness; and that, in conformity thereto, no other condition is imposed by the Federal Constitution on a State, in order to be admitted into the Union, except that its Constitution shall be republican; and that the imposition of any other by Congress would not only be in violation of the Constitution, but in direct conflict with the principle on which our political system rests."

members who opposed their consolidation expressed themselves in favor of adopting the parts, in some shape or other. All professed a desire to allay excitement, and restore concord between the different sections of the country. It is a question whether the admission of California early in the session would have aided the restoration of peace. It might possibly have endangered all the other questions, and especially those which were known to be the source of the most irritation, and the greatest difference of sentiment.

The admission of California was received with unanimous approbation. Not as a party triumph, but because it was deemed just in itself, was accompanied by the settlement of all disturbing territorial questions, and consolidated the power of the republic on the continent. It is indeed difficult to realize, much more to estimate, the magnitude and value of our acquisitions on the Pacific, and the consequences of the introduction into the Union of a great State bounded by its waters. A new and vigorous impulse has already been given to commercial activity and enterprise in every quarter of the globe, and the tide of emigration to the New World is augmented in volume from every part of Europe, and it may well be questioned whether the original discovery of America produced a greater movement throughout the civilized world, than that which has followed the gold discoveries in California. Under her State organization this new member of the confederacy will be enabled to develop all her resources, and add lustre and strength to the American Republic.

The constitution of California prescribes the following boundaries to that State :

"Commencing at the point of the intersection of the 42d degree north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude until it intersects the 39th degree of north latitude; thence running in a straight line in a south-easterly direction to the river Colorado, at a point where it intersects the 35th degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May 30, 1848; thence running west and along said boundary line to the Pacific ocean, and extending therein three English miles; thence running in a north-westerly direction and following the direction of the Pacific coast to the 42d degree of north latitude; thence on the line of said 42d degree of north latitude to the place of beginning. And all the islands, harbors, and bays along and adjacent to the Pacific coast."

The superficial area of the State according to these boundaries, is 155,550 square miles, or 99,552,000 square acres, exclusive of the islands adjacent to her coast. The Senators and Representatives to Congress from California, in their memorial to Congress, however, state that owing to her whole territory being traversed by two ranges of mountains-the coast range or the Sierra Nevada, north and south-they estimate that only about two-fifths of her surface is susceptible of cultivation, viz: 62,220 square miles, or 39,820,000 square acres. It was owing principally to this fact that her boundaries were made to comprehend that great extent of territory which they now include.

The convention which formed the constitution of California assembled at Monterey on the 1st of September, 1849, and remained in session until the 13th of October. It consisted of 48 delegates. Their deliberations were distinguished by order, decorum, and harmony. The constitution adopted by them was submitted to the people and ratified by over 12,000 votes in its favor, on the 13th of November. Only 811 votes were cast in opposition to the constitution.

The leading features of the constitution of California are similar to those of most of the recently formed State constitutions. It establishes an elective judiciary, and confers on the executive a qualified veto. It prohibits the creation of a State debt exceeding $300,000; provides for the protection of the homestead from execution, and secures the property of married females separate from that of their husbands; makes liberal provision for the support of schools; prohibits the legislature from granting divorces, or authorizing lotteries; creating corporations (except by general laws), or establishing any banks of issue, or circulation; and provides that every stockholder of a corporation or joint-stock association shall be individually and personally liable for his proportion of all its debts or liabilities. The clause prohibiting slavery was inserted in the constitution by the unanimous vote of the delegates. In the memorial of the Senators, Gwin and Fremont, and of the Representatives, Messrs. Wright and Gilbert, claiming the admission of California, and dated 12th March, 1850, these gentlemen say "there is no doubt that twofifths of those who voted in favor of the constitution were recent emigrants from slaveholding States." They further remark, "The sentiment in favor of the constitution was nearly unanimous, and was entirely the result of the unbiassed and deliberate opinions of those most interested in it. No attempt was made to mislead or control public opinion in relation to the constitu* Fifteen of these were from slaveholding States; twelve were Californians proper; and twenty-one from non-slaveholding States.

tion. No candidate sought success by either an ardent advocacy of its merits or a broad denunciation of any of its provisions. The three newspapers published in the Territory did not feel called upon to aid it further than to publish it with a simple recommendatory paragraph, and no member of the convention urged its adoption with improper zeal. The truth is, that no political result in the history of any nation is more surely the honest expression of a public opinion founded in reason, reflection, and deliberate judgment, than the ratification afforded by the people of California to their constitution."

The legislature elected in November convened at San Jose on the 15th of December, 1849. Peter H. Burnett, the Governor elect, was inaugurated pursuant to the provisions of the constitution. On the 20th of December Governor Riley, the military commandant, by proclamation surrendered the civil government to the authorized agents of the newly organized State.

CHAPTER III.

The Fugitive Slave Law-Remarks of Gen. Cass-Mr. Dayton-Further debate by Messrs. Berrien, Chase, Winthrop, Mason, Butler, Pratt, Badger, Underwood, and others—Amendments-Final passage in the Senate-Vote in the House of Representatives-The bill for abolishing slavery in the District of Columbia-Debate in the Senate-Motion of Mr. Mason—Amendment of Mr. Seward-Discussion in relation to the police laws of the Southern States-Passage of the bill in the Senate and House of Representatives.

THE Senate on the 19th of August took up for consideration the bill providing for the recapture of fugitive slaves, reported with the amendments by the committee of thirteen, on the 8th of May. Mr. Mason proposed a substitute for the bill reported, embracing most of the amendments, which led to an extended discussion.

None of the measures adopted at the final session of the thirtyfirst Congress had given rise to so much controversy as this. As will appear in the sequel, it was the means of prolonging agitation, and is, perhaps, yet destined to perform an active part in the political campaigns of the ensuing years. We have, therefore, determined to devote a chapter to this all engrossing subject, and introduce such portions of the discussion, and give so much of the debate, as will show the grounds on which the bill was