Page images



13 6 4

payment of American claims on France. This to this amendinent, which was sustained by the territory had just before been ceded by Spain to following vote : [taken Hirst on agreeing to so France without pecuniary consideration. Slave much of it as precedes and includes the word holding had long been allowed therein, alike "convicted."] under Spanish and French rule, and the Treaty

Year-For tho Restriction : of Cession contained the following stipulation: New.Hampshire...... 4 New-York...

23 Art. III. The inhabitants of the ceded ferritory


15 New.Jersey. shall be incorporated into the Union of the United States,

Rhode Island..
1 Pennsylvania.

20 and admitted as soon as possible, according to the prin.


5 ciples of the Federal Constitution, to the enjoyment of


5 Indiana.. all the rights, advantages and immunities of citizens of


1 the United States ; and in the meantime they shall be Total Yeas 87-only one (Delaware) from a maintained and protected in the free enjoyment of Slave State their liberty, property, and the religion which they profess.

Nayo Against the Restriction :
The State of Louisiana, embodying the south-

8 Virginia..

18 New-York..

8 North Carolina. ern portion of this acquired territory, was re- New-Jersey

1 South Carolina. cognized by Congress in 1811, and fully admit- New Hampshire. 1 Georgia.. ted in 1812, with a State Constitution. Those Ohio..

1 Kentucky Illinois.

1 Tennessee who chose to dwell among the inhabitants of Delaware.

1 Mississippi. the residue of the Louisiana purchase, hence- Maryland...

9 Louisiana.

1 forth called Missouri Territory, continued to hold slaves in its sparse and small but increas-Slave States.

Total Nays, 76-10 from Free States, 66 from ing settlements, mainly in its southeastern quar

The House now proceeded to vote on the ter, and a pro-Slavery Court-perhaps any Court residue of the reported amendment (from the -would undoubtedly have pronounced Slavery word “convicted" above), which was likewise legal anywhere on its vast expanse, from the sustained.—Yeas, 82; Nays, 78. Mississippi to the crests of the Rocky Mountains,

So the whole amendment-as moved by Gen. if not beyond them, and from the Red River of Tallmadge in Committee of the Whole, and Louisiana to the Lake of the Woods.

there carried--was sustained when reported to The XVth Congress assembled at Washington, the House. on Monday, Dec. 1st, 1817. Henry Clay was chosen Speaker of the House. Mr. John Scott striction), now moved the striking out of so

Mr. Storrs, of New York (opposed to the Reappeared on the 8th, as delegate from Missouri much of the bill as provides that the new State Territory, and was admitted to a seat as such, shall be admitted into the Union on an equal On the 16th of March following, he presented footing witi the original States "-which, he petitions of sundry inhabitants of Missouri, in contended, was nullified by the votes just taken. addition to similar petitions already presented The House negatived the motion. by him, praying for the admission of Missouri

Messrs. Desha, of Ky., Cobb, of Ga., and into the Union as a State, which were, on mo

Rhea, of Tenn., declared against the bill as tion, referred to a Select Committee, consist


Messrs. Scott, of Mo., and Anderson, of Ky., Messrs. Scott, of Mo.; Poindexter, of Miss.; Robert: preferred the bill as amended, to none. son, of Ky. ; Hendricks, of Ind.; Livermore, of N. H.; Mills, of Mass.; Baldwin, of Pa.

The House ordered the bill, as amended, to April 3d, Mr. Scott, from this Committee, re

a third reading; Yeas, 98 ; Nays, 56. The bill ported a bill to authorize the people of Missouri thus passed the House next day, and was sent Territory to forin a Constitution and State to the Senate. Government, and for the admission of such The following sketch of the debate on this State into the Union on an equal footing with question (Feb. 15th) is condensed from that the original States; which bill was read the first in the Appendix to Niles's Register, vol. xvi. and second time, and sent to the Committee of

HOUSE OF REPRESENTATIVES, FEB. 15, 1819. the Whole, where it slept for the remainder of the session.

Mr. Tallmadge, of New York, having moved

the following amendment on the Saturday preThat Congress convened at Washington for its

cedingsecond session, on the 16th of November, 1818. Feb. 13th, the House went into Committee of involuntary servitude, be prohibited, except for the

And provided that the introduction of Slavery or the Whole-Gen. Smith, of Md., in the Chair-punishment of crimes, whereof the party has been duly, and took up the Missouri bill aforesaid, which convicted; and that all children born within the said was considered through that sitting, as also that State, after the admission thereof into the Union, shall

be declared free at the ag" of 25 years," of the 15th, when several amendments were

Mr. Fuller, of Massachusetts, argued that, to effect a conadopted, the most important of which was the cort of interests, it was proper to make concessions. The following, moved in Coinmittee by Gen. James States where Slavery exísted not only claimed the right to Tallmadge, of Duchess county, New-York, continue it, but it was manifest that a general emancipa

tion of slaves could not be asked of them. Their political (lately deceased) :

existence would have been in jeopardy; both masters and And provided also, That the further introduction of slaves must have been involved in the most fatal conse. Slavery or involuntary servitude be prohibited, except quences. for the punishment of crimes, whereof the party shall be To guard against such intolerable evils, it is provided in duly convicted: and that all children of slaves, born the Constitution, “ that the migration or importation of within the said State, after the admission thereof into the such persons, as any of the existing States think proper Union, shall be free, but may be held to service until the to admit, shall not be prohibited till 1808.---Art. 1, sec. 9. age of twenty-five years,

And it is provided elsewhere, that persons held to service On coming out of Committee, the Yeas and by the laws of any State, shall be given up by other

States, to which they may have escaped, etc.

Art. 4, sec. 2. Nays were called on the question of agreeing These provisions effectually recognized the right in tho

ing of

[ocr errors]

States, which, at the time of framing the Constitutior , held Congress will not contribute to discountenance and renthe blacks in Slavery, to continue so to hold theni until der abortive the generous auú phianthropio views of they should think proper to meliorate their condition. this most worthy and laudable society. The Constitution is a compact among all the states then

Mr Tallmadge, of New York, followedexisting, by which certain principles of government are

established for the whole, and for each individual State. Sir, said he, it has been my desire and my intention to The predominant principle in both respects is, that avoid any debate on the present painful and unpleasant ALL MEN ARE FREE, and have an EQUAL RIGHT TO LIBERTY, subject. When I had the honor to submit to this Hong and all other privileges; or, in other words, the pre- the amendment now under consideration, I accompanied dominant principle is REPUBLICANISM, in its largest sense. it with a declaration that it was intended to confine its But, then, the same compact contains certain excep- operation to the newly acquired Territory across the tions. The States then holding slaves are permitted, Mississippi; and I then expressly declared that I would from the necessity of the case, and for the sake of union, in no manner intermeddle with the slave-bolding States, to exclude the republican principle so far, and only nor attempt manumission in any one of the original States so far, as to retain their slaves in servitude, and also their in the Union. Sir, I even went further, and stated that progeny, as had been the usage, until they should think it I was aware of the delicacy of the subject-and, that I proper or safe to conform to the pure principle, by abolish- had learned from Southern gentlemen the difficulties ing Slavery. The compact contains on its face the and the dangers of having free blacks intermingling general principle and the exceptions. But the attempt with slaves; and, on that account, and with a view to to extend Slavery to the new States, is in direct violation the safety of the white population of the adjoining of the clause which guarantees a republican form of gov- States, I would not even advocate the prohibition of ernment to all the States. This clause, indeed, must be Slavery in the Alabama Territory ; because, surrounded construed in connection with the exceptions before men- as it was by slave-holding States, and with only imaginary tioned; but it cannot, without violence, be applied to any lines of division, the intercourse between slaves aud other States than those in which Slavery was allowed at free blacks could not be prevented, and a servile war the formation of the Constitution,

might be the result. While we deprecate and mourn The Speaker (Clay) cites the first clause in the 2d over the evil of Slavery, humanity and good morals resection of the 4th article" The citizens of each State quire us to wish its abolition, under circumstances conshall be entitled to all the privileges and immunities of sistent with the safety of the white population. Wilcitizens of the several States," which he thinks would be lingly, therefore, will I submit to an evil which we can. violated by the condition proposed in the Constitution of not safely remedy. I admitted all that had been said of Missouri To keep slaves—to make one portion of the the danger of having free blacks visible to slaves, and, population the property of another-hardly deserves to be therefore, did not hesitate to pledge myself that I would called a privilege, since what is gained by the masters neither advise nor attempt coercive manumission. But, must be lost by the slaves. But, independently of this sir, all these reasons cease when we cross the banks of consideration, I think the observations already offered to the Mississippi, into a Territory separated by a natural the committee, showing that holding the black population boundary-a newly acquired Territory, never contemin servitude is an exception to the general principles of plated in the formation of our government, not included the Constitution, and cannot be allowed to extend beyond within the Compromise or mutual pledge in the adoption the fair import of the terms by which that exception is of our Constitution-a new Territory acquired by our provided, are a sufficient answer to the objection. The common fund, and which ought justly to be subject to gentleman proceeds in the same train of reasoning, and our common legislation. asks, if Congress can require one condition, how many Sir, when I submitted the amendment now under conmore can be required, and where these conditions will sideration, accompanied with these explanations, and end? With regard to a republican constitution, Congress with these avowals of my intentions and of my motives are obliged to require that condition, and that is enough I did expect that gentlemen who might differ from for the present question ; but I contend, further, that me in opinion would appreciate the liberality of my Congress has a right, at their discretion, to require any views, and would meet me with moderation, as upon a other reasonable condition. Several others were required fair subject for general legislation. I did expect, at of Ohio, Indiana, Illinois and Mississippi. The State of least, that the frank declaration of my views would proLouisiana, which was a part of the territory ceded to us attect me from harsh expressions, and from the unfriendly the same time with Missouri, was required to provide in imputations which have been cast out on this occasion. her Constitution for trials by jury, the writ of habeas cor- But, sir, such has been the character and the violence of pus, the principles of civil and religious liberty, with this debate, and expressions of so much intemperance, several others, peculiar to that State. These, certainly, and of an aspect so threatening have been used, that are none of them more indispensable ingredients in a re- continued silence on my part would ill become me, who publican form of government than the equality of privi- had submitted to this House the original proposition, leges of all the population ; yet these have not been denied Sir, has it already come to this: that in the Congress of to be reasonable, and warranted by the National Consti- the Únited States--that, in the Legislative councils of tution in the admission of new States.

Republican America, the subject of Slavery has become One gentleman, however, has contended against the a subject of so much feeling-of such delicacy-of such amendment, because it abridges the rights of the slave-danger, that it cannot safely be discussed ? Are memholding States to transport their slaves to the new States, bers who venture to express their sentiments on this for sale or otherwise. This argument is attempted to be subject, to be accused of talking to the galleries, with enforced in various ways, and particularly by the clause intention to excite a servile war; and of meriting the in the Constitution last cited. It admits, however, fate of Arbuthnot and Ambrister? Are we to be told of of a very clear answer, by recurring to the 9th sec- the dissolution of the Union, of civil war and of seas of tion of article 1st, which provides that "the migration or blood ? And yet, with such awful threatenings before us, importation of such persons as any of the States then ex- do gentlemen, in the same breath, insist upon the encouristing shall admit, shall not be prohibited by Congress till agement of this evil; upon the extension of this monstrous 1808." This clearly implies that the migration and im- scourge of the human race! An evil so fraught with portation may be prohibited after that year. The impor- such dire calamities to us as individuals, and to our tation has been prohibited, but the migration has not nation, and threatening, in its progress, to overwhelm the hitherto been restrained; Congress, however, may restrain civil and religious institutions of the country, with the it, when it may be judged expedient.

liberties of the nation, ought at once to be met, and to be The expediency of this measure is very apparent. The controlled. If its power, its influence, and its impending opening of an extensive slave market will tempt the dangers, have already arrived at such a point, that it is cupidity of those who, otherwise, perhaps, might gradu- not safe to discuss it on this floor, and it cannot now ally emancipate their slaves. We have heard much, pass under consideration as a proper subject for general Mr. Chairman, of the Colonization Society; an institu- legislation, what will be the result when it is spread tion which is the favorite of the humane gentlemen in through your widely-extended doinain ?

Its present the slave-holding States. They bave long been lament- threatening aspect, and the violence of its supporters, so ing the miseries of Slavery, and earnestly seeking for a far from inducing me to yield to its progress, prompt me remedy compatible with their o'yn safety, and the happi- to resist its march. Now is the time. It must now be ness of their slaves. At last, ne great desideratum is met, and the extension of the evil must now be prevented, fourd-a colony ir Afiica for the emanc pated blacks. or the occasion is irrecoverably lost, and the evil can How will the generous intentions of these humane per never be controlled. Bons be frustrated, if the price of slaves is to be doubled dir, extend your view across the Mississippi, over your by a new and boundless ma ket! Instead of emancipa- newly-acquired Territory-a Territory so far surpassing, tion of the slaves, it is much to be feared that unprinci- in extent, the liinits of your present country, that pled wretches will be found kidnapping those who are country which gave birth to your nation_which achieved already free, and transporting and selling the hapless your Revolution-consolidated your Union--formed your victims into hopeless bondage. Sir I really hope that ! Constitution, and has subsequently acquired so mucb glory, hangs but as an appendage to the extended empire / presented, were immediately concerned.

But when a over which your Republican Government is now called to question such as the amendments proposed by the gentlebear sway. Look down the long vista of futurity ; see men from New York (Messrs. Tallinadge and Taylor), was your empire, in extent unequaled, in advantageous presented for consideration, involving constitutional prin. situation without a parallel, and occupying all the valua- ciples to a vast amount, pregnant with the future fate of ble part of one continent. Behold this extended empire, the Territory, portending destruction to the liberties of inhabited by the hardy sons of American freemen, that people, directly bearing on their rights of property, knowing their rights, and inheriting the will to protect their state rights, their all, he should consider it as a derethem-owners of the soil on which they live, and inter liction of his duty, as retreating from his post, nay, double ested in the institutions which they labor to defend ; with criminality, did he not raise his voice against their adoptwo oceans laving your shores, and tributary to your tion. purposes, bearing on their bosoms the commerce of our Mr. Scott entertained the opinion, that, under the Conpeople; compared to yours, the governments of Europe stitution, Congress had not the power to impose this, or dwindle into insignificance, and the whole world is with any other restriction, or to require of the people of Misout a parallel. But, sir, reverse this scene; people this souri their assent to this condition, as a pre-requisite to fair domain with the slaves of your planters; extend their admission into the Union. le contended this from Slavery, this bane of man, this abomination of heaven, the language of the Constitution itself, from the practice over your extended empire, and you prepare its dissolu- in the admission of new States under that instrument, and tion; you turn its accumulated strength into positive from the express terms of the treaty of cession. The weakness; you cherish a canker in your breast; you short view he intended to take of those points would, he put poison in your bosom: you place a vulture preying trusted, be satisfactory to all those who were not so on your heart-day, you whet the dagger and place it in anxious to usurp power as to sacrifice to its attainment the hands of a portion of your population, stimulated to the principles of our government, or who were not desir. use it, by every tie, human and divine. The envious con- ous of prostrating the rights and independence of a State trast between your happiness and their misery, between to chimerical views of policy or expediency. The authority your liberty and their slavery, must constantly prompt to admit new States into the Union was granted in the them to accomplish your destruction. Your enemies will third section of the fourth article of the Constitution, which learn the source and the cause of your weakness. As declared that "new States may be admitted by the Conoften as external dangers shall threaten, or internal como gress into the Union.” The only power given to the Conmotions await you, you will then realize that, by your gress by this section appeared to him to be, that of passown procurement, you have placed anidst your families, ing a law for the admission of the new State, leaving it in and in the bosom of your country, a population produc- possession of all the rights, privileges, and immunities, ening at once the greatest cause of individual danger, and joyed by the other States; the most valuable and promiof national weakness, With this defect, your govern. nent of which was that of forning and modifying their ment must crumble to pieces, and your people become the own State Constitution, and over which Congress had ne scoff of the world,

superintending control, other than that expressly given in Sir, we have been told, with apparent confidence, that the fourth section of the same article, which read, “The We have no right to annex conditions to a State, on its ad- United States shall guarantee to every State in this Unior mission into the Union; and it has been urged that the a republican form of government." This end accomplished

" proposed amendment, prohibiting the further introduction the guardianship of the United States over the Constitu of Slavery, is unconstitutional. This position, asserted tions of the several States was fulfilled ; and all restrictions, with so much confidence, remains unsupported by any limitations and conditions beyond this, was so much power argument, or by any authority derived from the Constitu- unwarrantably assumed. In illustration of this position, tion itself. The Constitution strongly indicates an opposite he would read an extract from one of the essays written conclusion, and seeins to contemplate a difference be by the late President Madison, contemporaneously with tween the old and the new States. The practice of the the Constitution of the United States, and from a very government has sanctioned this difference in many re- celebrated work: “In a confederacy founded on republispects.

can principles, and composed of republican members, the Sir, we have been told that this is a new principle for superintenuing government ought clearly to possess auwhich we contend, never before adopted, or thought of. thority to defend the system against aristocratic or So far from this being correct, it is due to the memory of monarchical innovations. The more intimate the nature our ancestors to say, it is an old principle, adopted by of such an union may be, the greater interest have the them, as the policy of our country. Whenever the United members in the political institutions of each other, and States have had the right and the power, they have here- the greater right to insist that the forms of government tofore prevented the extension of Slavery. The States under which the compact was entered into, should be subof Kentucky and Tennessee were taken off from other stantially maintained. But this authority extends no furStates, and were admitted into the Union without condi- ther than to a guarantee of a republican form of govtion, because their lands were never owned by the United ernment, which supposes a preëxisting government of the States. The Territory northwest of the Oro is all the land form which is to be guaranteed. As long, therefore, as the which ever belonged to them. Sliortly after the cession of existing republican forms are continued by the States, they those lands to the Union, Congress ssed, in 1787, a com- are guaranteed by the Federal Constitution. Whenever pact, which was declared to be unalterable, the sixth arti- the States may choose to substitute other republican cle of which provides that, “there shull be neither forms, they have a right to do so, and to claim the Federal Slavery nor involuntary servitude in the said Terri- guarantee for the latter. The only restriction imposed tory, otherwise than in the punishment for crimes, on them is, that they shall not exchange republican for whereof the parties shall have been duly convicted." anti-republican Constitutions; a restriction which, it is In pursuance of this compact, all the States formed from presumed, will hardly be considered as a grievance." that Territory have been admitted into the Union upon Mr. Scott believed it to be a just rule of interpretation, various conditions, and, amongst which, the sixth article of that the enumeration of powers delegated to Congress this compact is included as one.

weakened their authority in all cases not enumerated; Let gentlemen also advert to the law for the admission and that beyond those powers enumerated they had none, of the State of Louisiana into the Union; they will find it except they were essentially necessary to carry into effect filled with conditions. It was required not only to form a those that were given. The second section of the fourth Constitution upon the principles of a republican govern- article of the Constitution, which declared that " the citi. ment, but it was required to contain the "fundamental zens of each State shall be entitled to all the privileges principles of civil and religious liberty.” It was even re- and immunities of citizens in the several States," was quired, as a condition of its admission, to keep its records, satisfactory, to his judgment, that it was intended the citiand its judicial and its legislative proceedings, in the Eng- zens of each State, forming a part of one harmonious lish language; and also to secure the trial by jury, and to whole, should have, in all things, equal privileges; the surrender all claim to unappropriated lands in the Terri- necessary consequence of which was, that every man, in

with the prohibition to tax any of the United States' his own state, should have the same rights, privileges, and lands,

powers, that any other citizen of the United States had in After this long practice and constant usage to annex his own State ; otherwise, discontent and murmurings conditions to the admission of a State into the Union, will would prevail against the general government who had gentlemen yet tell us it is unconstitutional, and talk of our deprived him of this equality. principles being novel and extraordinary

For example, if the citizens of Pennsylvania, or VirMr. Scott, of Missouri, said:

ginia, enjoyed the right, in their own State, to decide the

question whether they would have Slavery or not, the He trusted that his conduct, during the whole of the citizens of Missouri, io give them the same privileges, time in which he had had the honor of a seat in the House, must have the same right to decide whether they would or had convinced gentlemen of his disposition not to obtrude would not tolerate Slavery in their State; if it were his sentiments on any other subjects than those on which otherwise, then the citizens of Pennsylvania and Virginia the interest of his constituents, and of the Territory be re. I would have more rights, privileges and powers in their


[ocr errors]

respective States, than the citizens of Missouri would of their own? In short, in what had they equal rights have in theirs. Mr. S. said he would make another quo. adoantages and immunities, with the other citizens of tation from the same work he had before been indebted the United States, but in the privilege to submit to a proto, which he believed had considerable bearing on this crastination of their rights, and in the advantage to subsubject. "The powers delegated by the proposed Consti- scribe to your laws, your rules, your taxes, and your tution, to the Federal Government, are few and defined ; powers, even without a hearing?' Those people were also those which are to remain in the State Governments, are to be admitted into the Union as soon as possible.' numerous and indefinite; the former will be exercised Mr. Scott would infer from this expression, that it was the principally on external objects, as war, peace, negotia- understanding of the parties, that so soon as any portion tion, and foreign commerce, with which last the powers of the Territory, of sufficient extent to form a State, of taxation will, for the most part, be connected. The should contain the number of inhabitants required by law powers reserved to the several states will extend to all to entitle them to a representative on the floor of this the objects, which in the ordinary course of affairs con: House, that they then had the right to make the call for cern the lives, liberties, and properties of the people, and admission, and this admission, when made, was to be, not the internal order, improvement, and prosperity of the on conditions that gentlemen might deem expedient, not State.” The applicability of this doctrine to the question on conditions referable to future political views, not on under consideration was so obvious, that he would not conditions that the Constitution the people should form detain the House to give examples, but leave it for gentle should contain a clause that would particularly open the men to make the application.

door for emigration from the North or from the South, Mr. Scott believed, that the practice under the Consti- not on condition that the future population of the State tution had been different from that now contended Por should come from a Slaveholding or Non-Slaveholding, by gentlemen; he was unapprised of any similar provi. State, but according to the principles of the Federal sion having ever been made, or attempted to be made, in Constitution," and none other. relation to any other new State heretofore admitted. The Mr. Scott had trusted that gentlemen who professed to argument drawn from the States formed out of the Terri. be actuated by motives of humanity and principle would tory northwest of the river Ohio, he did not consider as not encourage a course of dissimulation, or, by any vote analogous; that restriction, if any, was imposed in puro of theirs, render it necessary for the citizens of Missouri suance of a compact, and only, so far as Congress could to act equivocally to obtain their rights. He was unwilldo, carried into effect the disposition of Virginia in refe- ing to believe, that political views alone led gentlemen on rence to a part of her own original Territory, and was, this or any other occasion; but, from the language of the in every respect, more just, because that provision was member from New-York (Mr. Taylor), he was compelled made and published to the world at a time when but few, to suspect that they had their influence upon him. That If any, settlements were formed within that tract of coun. gentlemen has told us, that if ever he left his present retry; and the children of those people of color belonging sidence, it would be for Illinois or Missouri; at all events, to the inhabitants then there, have been, and still were, he wished to send out his brothers and his sons. Mr. Scott held in bondage, and were not free at a given age, as was begged that gentleman to relieve him from the awful apcontemplated by the amendment under consideration; nor prehension excited by the prospect of this accession of did he doubt but that it was competent for any of those population. He hoped the House would excuse him while States admitted in pursuance of the Ordinance of '87, to he stated, that he did not desire that gentleman, his sons, call a Convention, and so to alter their Constitution as or his brothers, in that land of brave, noble, and inde to allow the introduction of slaves, if they thought pro- pendent freemen. The member says that the latitude is per to do so. To those gentlemen who had in their argu. too far North to admit of Slavery there. Would the inent, in support of the amendinents, adverted to the in. gentleman cast his eye on the map before him, he would stance where Congress had, by the law authorizing the there see, that a part of Kentucky, Virginia, and Mary. people of Louisiana to crm a Constitu

tate land, were as far Nort as the Northern boundary of the Government, exercised the power of imposing the terms proposed State of Missouri. Mr. Scott would thank the and conditions on which they should be permitted to do gentleman if he would condescend to tell him what preso, he would recommend a careful examination and com- cise line of latitude suited his conscience, his humanity, parison of those terms with the Constitution of the or his political views, on this subject. Could that wemUnited States, when, he doubted not, they would be con- ber be serious, when he made the parallel of latitude the vinced that these restrictions were only such as were in measure of his good-will to those unfortunate blacks ! express and positive language defined in the latter instru. Or was he trying how far he could go in fallacious argu. strument, and would have been equally binding on the ment and absurdity, without creating one blush even on people of Louisiana had they not been enumerated in the his own cheek, for inconsistency? What, starve the nelaw giving them authority to form a Constitution for groes out, pen them up in the swamps and morasses, conthemselves.

ine them to Southern latitudes, to long, scorching days Mr. S. said, he considered the contemplated conditions of labor and fatigue, until the race becomes extinct, that and restrictions, contained in the proposed amendments, the fair land of Missouri may be tenanted by that gentle to be unconstitutional and unwarrantable, from the pro- man, his brothers, and sons ? He expected from the mavisions of the Treaty of Cession, by the third article of jority of the House a more liberal policy, and better eviwhich it was stipulated, that "the inhabitants of the dence that they really were actuated by humane motives. ceded Territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, accord

The House bill, thus passed, reached the ing to the principles of the Federal Constitution, to the Senate, February 17th, when it was read twice of citizens of the United States, and, in the mean time, on a like application from Alabama, consisting of enjoyment of all the rights, advantages, and immunities and sent to a Select Committee already raised they shall be maintained and protected in the free enjoy. ment of their liberty, property, and the religion which Messrs. Tait, of Georgia ; Morrow, of Ohio ; Williams, of they profess."

Mississippi; Edwards, of Illinois ; Williams, of Tennessee. The people were not left to the wayward discretion of

On the 22nd, Mr. Tait, from this Committee, this or any other government, by saying that they may de incorporated in the Union. The language was differ reported the bill with amendments, striking out ent and imperative: “they shall be incorporated." the Anti-Slavery restrictions inserted by the Mr. Scott understood by the term incorporated, that House. This bill was taken up in Committee of they were to form a constituent part of this republic; that they were to become joint partners in the character the whole, on the 27th, when Mr. Wilson of and councils of the country, and in the national losses New

Jersey moved its postponement to the 5th and national gains; as a Territory they were not an es- of March-that is, to the end of the sessionsential part of the Government; they were a mere pro. vince, subject to the acts and regulations of the General negatived: Yeas 14 ; Nays 23. Government in all cases whatsoever. As a Territory, they The Senate then proceeded to vote on agree. had not all the rights, advantages and immunities, of ing to the amendments reported by the Select citisens of the United States. Mr. S. himself furnished an example, that, in their

present condition, they had not all Committee, viz. : 1, to strike out of the House the rights of the o: her citizens of the Union. Had he a vote bill the following: in this House? and yet these people were, during the war, And that all children of slaves born within the said subject to certain taxes imposed by Congress. Had those State, after the admission thereof into the Union, shall people any voice to give in the imposition of taxes to be Free, but may be held to service until the age of which they were subject, or in the disposition of the twenty one years. funds of the nation, and particularly those arising from the sales of the public lands, to which they already had,

Which was stricken out by the following vote. and still would largely contribute? Had they a voice to Year-Against the Restriction -27. Naye-For give in selectiog the officers of this Governmens, or many' the Restriction-7.


The Senate then proceeded to vote on the On the 14th, Mr. Taylor, of New-York, moved residue of the House Restriction, as follows: a Select Committee on this subject, which was

And procided also, That the further introduction of granted ; and the mover, with Messrs. Liver. Slavery or involuntary servitude he prohibited, except more, of New-Hampshire, Barbour, (P. P.) of for the punishment of crimes, whereof the party shall Virginia, Lowndes, of South-Carolina, Fuller, of hitve been duly convicted.

Massachusetts, Hardin, of Kentucky, and Cuth The vote on this clause was as follows: bert, of Georgia, were appointed such committee,

Yeas - For striking out the Restriction —22. Naye A majority of this Committee being Pro-Slavery, - Aguinst striking out —16.

Mr. Taylor could do nothing; and on the 28th The bill thus amended was ordered to be en- the Committee was, on motion, discharged from grossed, and was (March 2nd-last day but one the further consideration of the subject. of the Session) read a third time, and passed On the same day, Mr. Taylor moved : without a division. The bill was on that day returned to the House, and the amendments of report a bill prohibiting the further admission of slaves

That a Committee be appointed with instructions to the Senate read: whereupon, Mr. Tallmadge, of into the Territories of the United States West of the river New-York, moved that the bill be postponed Mississippi. indefinitely. Yeas 69; Nays 74.

On motion of Mr. Smith, of Maryland, this [The record shows hardly a vote changed from Yea, on resolve was sent to the Committee of the Whole, the original passage of the Restriction, to Nay now, but and made a special order for January 10th ; many members who voted then were now absent or but it was not taken up, and appears to have zilent.] The vote was then taken on concurring in

slept the sleep of death. the Senate's amendments, as aforesaid, and the Territorial Legislature, asking admission as a

In the Senate, the memorial of the Missouri House refused to concur; Yeas 76; Nays 78.

State, was presented by Mr. Smith, of South(Hardly a vote changed ; but more members roting Carolina, December 29th, and referred to the than on the previous division, and less than when the Judiciary Committee, which consisted of Restriction was carried.]

Messrs. Sınith,of South Carolina ; Leake, of Mississippi ; The bill was now returned to the Senate, wi h Burrill, of Rhode Island ; Logan, of Kentucky ; Otis of a message of non-concurrence; when Mr. Tait

Massachusetts, moved that the Senate adhere to its amendment,

DANIEL WEBSTER ON SLAVERY EXTENSION. which was carried without a division The bill being thus remanded to the House, Mr. Taylor,

The following is extracted from the “Memorof New-York, moved that the House adhere to ial to the Congress of the United States, on the its disagreement, which prevailed. Yeas 78; subject of restraining the increase of Slavery in Nay 66. So bill féll between the two New States to be admitted into the Union,” in Houses, and was lost.

pursuance of a vote of the inhabitants of Boston The Southern portion of the then Territory and its vicinity, assembled at the State House of Missouri (organized by separation from on the 3d of December, 1819, which was Louisiana in 1812) was excluded from the pro- drawn up by Daniel Webster, and signed by posed State of Missouri, and organized as a himself, George Blake, Josiah Quincy, James separate Territory, entitled Arkansas.

T. Austin, etc. It is inserted here instead of The bill being under consideration, Mr. Tay- the resolves of the various New England Legislor, of New-York, moved that the foregoing re- latures, as a fuller and clearer statement of the striction be applied to it also ; and the clause, views of the great body of the people of that proposing that slaves born therein after the section during the pendency of the Missouri passage of this act be free at twenty-five years question : of age, was carried (February 17th) by 75 Yeas to 73 Nays; but that providing against the To the Senate and House of Representatives of the further introduction of Slaves was lost; Yeas

United States, in Congress assembled : 70; Nays 71. The next day, the clause just adopted was stricken out, and the bill ultimately

The undersigned, inhabitants of Boston and its passed without any allusion to Slavery. Ar- secinity beg leave most respectfully and humbly to repre

sent: That the question of the introduction of Slavery kansas of course became a Slave Territory, and into the new States to be formed on the west side of the ultimately (1836) a Slave State.

Mississippi River, appears to them to be . question of the laßt importance to the future welfare of the United

States. If the progress of this great evil is ever to be THE SECOND MISSOURI STRUGGLE.

arrested, it seems to the undersigned that this is the time A new Congress assembled on the 6th of and it appears to us that the happiness of unborn millions

to arrest it. A false step taken now, cannot be retraced; December, 1819. Mr. Clay was again chosen rests on the measure which Congress on this occasion Speaker. On the 8th, Mr. Scott, delegate from may adopt. Considering this as no local question, nor a Missouri, moved that the memorial of her Ter question to be decided by a temporary expediency, but

as involving great interests of the whole United States, ritorial Legislature, as also of several citizens, and affecting deeply and essentially those objects of praying her admission into the Union as a State, common defense, general welfare, and the perpetuation be referred to a Select Committee ; carried, self was formed, we have presumed, in this way, to offer

of the blessings of liberty, for which the Constitution it. and Messrs. Scott, of Missouri, Robertson, of our sentiments and express our wishes to the National Kentucky, Terrell, of Georgia, Strother, of Vir- Legislature. And, as various reasons have been sugo ginia, and De Witt, of New-York, (all but the gested against prohibiting Slavery in the new States, it last from the Slave region,) were appointed said may perhaps be permitted to us to state our reasons,

both for believing that . committee.

tional power to make such prohibition a condition, on Mr. Strong, of New-York, that day gave the admission of a new State into the Union, and that it

is just and proper that they should exercise that power. notice of a bill “To prohibit the further exten

* And in the first place, as to the Constitutional au. sion of Slavery in the United States.".

thority of Congress.


The Constitution of the United

« PreviousContinue »