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DELIVERED IN THE SENATE OF THE UNITED STATES, FEBRUARY 10 AND 11, 1854.

The Senate having under consideration the demonstrate, on that occasion, that there was bill to establish Territoriol Governments for nothing of practical importance in any or all of Nebraska and Kensas, Mr. SMITH rose and said: so much disturbance here, and so much irrita

the questions then in dispute, which occasioned Mr. PRESIDENT: I rise to address the Senate on tion elsewhere. Mr. WEBSTER, in a speech dethe subject now under consideration with an. livered in this Chamber shortly after, paid me usual liesitation and reluctance. I have not the high compliment of saying that I had fully been in the habit of obtruding myself on the succeeded in my object. I appreciate as highly notice of the Senate; and if depart on the as any member of this body can, the great prinpresent occasion from the reserve which I have ciples of free government which lie at the founprescribed to myself, and ordinarily observed, dation of this controversy, but I do not desire it will be owing to my sense of the magnitude to have them introduced here, to become a subof the evils which must result from this measure, ject of dispute, except when they can be made if it is to receive the sanction of the two Hlouses to have some useful practical application. As of Congress, and become the law of the land. then, I have not been an agitator, either here or

It is now almost fifteen years since I became elsewhere, I trust honorable Senators will aca member of Congress, and I have been almost cord to me a patient hearing, though they may incessantly present in the one body or the other, possibly differ from the views which I shall with the exception of the 28th Congress, during have the honor to present. which I was at home engaged in the discharge I have risen, Mr. President, to discuss the of the duties of my profession. I venture to merits of this bill in extenso, and to dwell on assert here, that there is no member of this or topics, in the first instance, which have nothing the other House who has taken less part than I to do with the slavery question. Unfortunatehave in the agitation of those deplorable sec- ly, that question has been thrust into the bill. tional questions which have from time to time, I shall, however, state other objections, which and often unnecessarily, been thrown into the should, in my judgment, exclude this measure two Houses to disturb, in a high degree, the har- by the unanimous vote of the Senate; and then mony of our public councils, and to put in haz; we can, if we please, leave the question alluded ard the peace of the country. I have contented to undecided. myself with responding in the simple accents of I say here, in broad terms, that there are ob"yea” or “nay' to the various propositions of jections to the bill which ought to, and I believe agitation and disturbance which have been sub- would, crush it to atoms, were there not mixed mitted in either House. Ordinarily I have cast up with it that all-perverting and blinding elemy vote in conformity with the predominating ment—the negro controversy. I do not know sentiment of my own section, for I do not pre- that I can get the ear of those honorable Senatend to be a "Northern man with Southern prin- tors who seem anxious to abrogate the 8th secciples," and I have no confidence in any man tion of the act for the admission of Missouri into who does set up that pretention. On one occa- the Union, but my position is such as to authorşion, Mr. President, I did address the Senate at ize me to make a strong appeal to their candor very considerable length on these topics, and it and their sense of justice. Iunited with Southis the only time I have ever spoken to them in ern Senators in putting down the Nebraska bill either House; it was on the 8th of July, 1850, of the last session, on the very objections which when the Compromise measures of that year I now state, notwithstanding it left the Missouri were pending here, being the day before the restriction untouched. death of the lamented TAYLOR. I undertook to In the first place, Mr. President, I desire to

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inquire of the Senate whether it is necessary or least, the States and Territories now organized! expedient for us now to organize two additional The objection of injury to the one and the other territories, when we have already no less than would seem to me insurmountable. If there be five, viz., Minnesota, Oregon, New Mexico, Utah, a stern necessity-political or otherwise—for and Washington! I desire honorable Senators this measure; if it be desirable to smash thre to point to any period in the history of this Missouri compromise to relieve the present Adcountry when we had so large a number on ministration from the embarrassments in which hand as at present; and yet it is proposed to it has involved itself by taking the abolitionists add two more. How we came at the last ses and freesoilers of the North to its bosom, avow sion to suffer the bill to organize the Territory your policy openly, and the motives of that of Washington to pass without objection, is in- policy, and then we shall know where we are! comprehensible to me; for, in my judgment, it But, sir, I am anticipating. It is said that was totally unnecessary.

these Territories should be organized, because My honorable friend, the chairman of the Com- by that means the transit of persons and proj.ittee on Territories, (M. Douglas, ) started at this perty across the continent would be facilitated. session with a proposition to establish one terri. In answer to that I have to say, that this could tory, which would give us six. I do not know how be done by establishing military posts along the loog that idea lasted: I believe, however, only line at trivial expense. But there is a much about one week-when the thought suddenly more effectual means of accomplishing that oboccurred to the chairman that it would be expe- ject, which I will propound for the considerdient to divide this one into two territories. And tion of honorable members, and that is a Pacific now it seems we are to have seven territories— railroad, for which I contended most strenuously in fact a complete litter of territories—to be sup at the last session. I wish such a road properly ported and maintained out of the Treasury of located, and I believe a central location the best, the United States. Sir, I beg leave to enter my but I may be disposed to concede that point, earnest protest against this policy. I verily be and go for 'a southern route, if you will agree lieve that nothing could induce even Southern to leave us undisturbed on the slavery question. Senators to vote for this extravagant proposition, ye have made several compromises with you were not the negro element mixed up with it. already, gentlemen of the South, which you fly Where, sir, is all this to end! Encouraged by from, or at least manifest a disposition to do so. what has already transpired, a convention has Will you stand up to the new compromise! been called, as I am informed, in Oregon to form But, after all, sír, this business of creating Teranother territory there.

ritories is no trivial affair, so far as the treasury I admit that the vast expanse within our limits is concerned. During the last four years we ought to be opened for settlement from time to have appropriated no less than $873,332 52 for time as it is needed, but the policy has been al- our Territories. Of this amount, $682,161 37 ready pushed as far as existing exigencies re- has been actually expended-leaving a balance quire." I say, in the first place, to create new of nearly $200,000 unexpended, but which is in territories—to carry then up to the unprece course of being expended, and will soon be exdented number of seven-is contrary to the in- hausted; for I have noticed that the Territories terest of the present organized States, particu- never fail to get every dollar of their approprinlarly the land States. What, Mr. President, is tions. The large sum of $873,332 52 was approtheir present condition? Are they occupied ? priated when we had, in fact, only two Territo. Are the public lands in them exhausted ! Are rial governments for the whole four years, two there not in Michigan, Wisconsin, lowa, Mis- for three years, and one for only about six souri, and Arkansas, vast bodies of public lands months. If the five goverments had been in untouched! Are there not large quantities in full blast during the whole period, the aggreIilinois, a considerable quantity in Indiana, and gate appropriations could not have been legs sonne in Ohio, to say nothing of the States on than $1,000,000 or $1,200,000. Every Territory the Lower Mississippi and the the Gulf of Mexi- requires an outfit-which is ordinarily $50,000, co? I venture to assert that at least one-half of viz: $25,000 for public buildings, $20,000 for a the lands in these States remain unoccupied. penitentiary, and $5,000 for a library—so that, There is a vast quantity of public land within if this bill becomes a law, there is to be paid at their limits, besides a quantíty little less in the once out of the treasury $100,000 for the objects hands of speculators.

indicated. The annual cost of the executive, I say, in the second place, that it is contrary judicial, and legislative departments is about to the interest of the organized Territories to $30,000; and this will make, for seven Territosanction the policy of this bill. There is, sir, ries, the very considerable aggregate of $210,000 tue Territory of Minnesota open for settlement, per annum. comprising within its limits an expanse large And this, sir, is not one-half of the story. cuough to make three States like Pennsylvania. Other large expenses will be inevitable. Much

Then there are the Territories of Oregon and will be required to extend our post office and Washington, each sufficient for two, if not more post road system over these Territories. We all States. The Territory of Utah is good for one know that the Territories and new States do not State. It will hardly do to count New Mexico, refund to the Post Office Department the exfor I do not believe that a sensible wolf would go penses required within their respective jurisdicto reside there. Why should we disperse our tions for the transportation of the mails. population? Why not fill up, to some extent at In the next place, I have to say that we shall

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2.594 00

8.160 00

6.664 00

3.281 60

diem, 8,200

4,296 80

• 2,856 80

have to incur all the expenses of extending our

Minnesota. land system throughout this vast extent of coun- 1st sexsion-mileage, $1,880 ; per diem, try. The lands have to be surveyed or run out 82,200

- $4,080 00 into townships and sections, and brought into 2d sencion-mileage, $1,830; per diem, the market for sale; this will probably require

$ several hundred thousand dollars per annum.

$6,664 00 We shall have, also, to extinguish the Indian

Oregon titles: first, such as are possessory; and, second- Ist sesion-mileage, $5,960 ; per diem, ly, absolute—or where they have acquired the 24 session-mileage, $5,000 ; per diem, fee by treaty, or where the lands have been 8704 patented in conformity thereto. We had in the

14,824 00 bill, as it stood originally, an inkling of what we

Utah. are to expect from this policy. One section ap- 1st session--mileage, $2,577 60; per propriated one hundred thousand dollars, and an. 2 session-mileage. $2,527 60; per

4,777 60 other two hundred thousand dollars, for enabling diem, $704 the President to commence negotiations to extin

6,052 20 guish these titles. These clauses, however, have

Vew Jerico. been striken out-I know not for what reason,

Ist session-mileage, $2,096 80; per unless it be by way of preparation for a very rapid progress of the bill through the House of 24 session-mileage, $2.152 80 ; per

diem, $704 Representatives, on account of the vast merits

7,153 60 of the negro clause. But the honorable chairman of the Coinmittee on Indian Affairs had the

36,699 NO frankness to announce that these appropriations

To this aggregate is to be a lied at the present Con

gress an amount for the Territory of Washing. were not to be abandoned—that they would be

ton eqnal to that of Oregon, viz.

14,824 00 put into some other bill. No doubt they will be, And then, should this bill pass, we shall have a and I fear that the aggregate first proposed will

further acldition of at least 86,000 per Congress
for each Territory, equal to

12,000 00 be doubled at least, even at the present session. My honorable and most excellent friend from

$63.523 80 Massachusetts, (Mr. EVERETT,) who pronounced such an admirable discourse in this chamber Nothing could more fully illustrate the inyesterday, addressed a very earnest hope to this equality and abuses of the mileage system than body, that ample provision might be made for these details, but there is no hope of a correcthe poor Indians. When these governments are tion at the hands of Congress. Let us, then, formed, with all their paraphernalia, our peo- combine this with other financial elements adple will rush into the Territories, and it would verted to, and give them, in the aggregate, become a matter of necessity to extinguish the their proper weight. Indian title. What sụm will be required for I insist, in the next place, that this measure is this purpose no man can tell. I should not be perfectly impracticable. I can demonstate that surprised if it should amount finally to $50,000- it is impossible to execute it in conformity with 000 or even $100,000,000. It must be recollect its provisions and terms. You may do someed that we are to deal with the titles of half- thing in the nature of execution, but I say it civilized—I will not call them savage-tribes, would be a direct and palpable violation of the where they own the fee, and are the proprietors law. I refer particularly to those provisions of the soil, which will prove a much more serious for the exercise of the elective franchise and matter than the acquisition of possessory rights, for holding office. I will not detain the Senate as in ordinary cases.

by reading the parts of the bill to which I alIt is certain, also, that the adoption of this lude, but I can state them briefly: It provides measure will involve an increase of our army that a person to be capable of voting, or eligiexpenditures. The administration is now call. ble to office, must be twenty-one years of age, a ing for a large addition to the army, and I have white male citizen of the United States--or an a strong impression resting on my mind that it alien, also white, who has declared under oath is really needed, and shall vote for it, unless his intention to become a citizen, and who is an there be some good reason assigned to the con- inhabitant of the Territory—or, as it is expresstrary. But if you adopt this measure

, a further ed in another part of the bill, he must have augmentation will be required sooner or later- therein "his permanent domicile, residence, at least one regiment of mounted troops for each habitation, and home." Territory. Collision with the Indians will be Sir, I think I can denyonstrate, as a legal inevitable. Wars will be of frequent occurrence, proposition, that there are, and can be, under and the expenditures under this head will ex- your present laws, no inhabitants there. There tend over a long period—perhaps a quarter of a may be individuals who are bodily within the century.

limits of those Territories; where they are, if I will mention here a matter which Senators any, I do not know. A member of the House may think of trivial importance, and that is the of Representatives from Missouri, (Mr. Hall) expense of delegates to Congress from our Terri- said, at the last session, that there were, in the tories. These are much greater than I had any whole country now proposed to be organized idea of until I looked into the facts. For the under the names of Nebraska and Kansas, about last Congress they were as follows:

five hundred individuals; and another member,

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(MR. RICHARDSON,) the chairman of the House bave him explain how he can get 'inhabitants
Committee on Territories, thought there were into a country where by law no person has a
about twelve hundred. I do not care which right to be for a single hour, except by license
number is assumed to be correct-it being borne for a short period, and that too revocable.
in mind that it is now proposed to divide this Well, sir, in the year 1817, I studied law in
country into two Territories. We do not know companionship with my honorable friend from
where these five hundred or twelve hundred Delaware, (Mr. Clayton,) in good old Connecti-
persons are.

We do not know how many are cut, and I then learned that, in order to constitute in the proposed Nebraska, or how many in Kan- an inhabitant, a man must have a settled, persas. Perhaps most or all are in Nebraska, and manent residence. There must be no animo this would leave few or none for Kansas. How- revertendino intention to go back to his old ever this may be, I will now endeavor to show abode. Can it be said that licensed traders are the Senate that they cannot be called inhabit- in this predicament—that is to say, without the ants for the purposes indicated in the bill. animo revertendi—when the law rigidly limits

The Intercourse Act of 1834 has many pro- their presence in the Territory to three years, visions which bear on this subject. By the first subject to be turned out at any time, at the section of that act, all the country comprised pleasure of the President, or either of the other within the limits of the proposed Territories is officers named in the act. A licensed trader an declared "to be the Indian country.” By the inhabitant! There are other things in the bill second section it is provided “that no person which look very mysterious; but certainly it is shall be permitted to trade with any of the In- a very great mystery how the honorable chairdians in the Indian country, without a license man expects to turn a licensed trader into an therefor from the Superintendent of Indian Af inhabitant. As for the people who go there fairs, or Indian Agent, or Sub-Agent; which without license, the honorable Mr. Hall tells us license shall be issued for a term not exceeding that the moment they make their appearance a three years ;" revocable whenever, in the opin- company of dragoons stood ready, sword in hand, ion of the Superintendent, the party has “trans- armed to the teeth, to chase them out of the gressed” any of the laws or regulations provided country. Sir, a man was once asked where he for the government of trade and intercourse with lived? He replied, “all along shore." You the Indian tribes, or that it would be improper might as well undertake to convert this personage for him to remain in the Indian country. By the into an inhabitant, as to call the few people such third section, a power of revocation and exclu- who have been roaming over that country consion is vested in the President of the United trary to law. My honorable friend from Illinois States. By the fifth section, licenses to trade is so anxious to put through the negro clause of are restricted to citizens of the United States; this bill, that he has worked himself up to the and aliens, though they have declared under extravagant proposition, that these people may oath their intention to become citizens, are be legally called inhabitants. They are to be wholly excluded By the sixth section, aliens baptised into the name of inhabitants, in violaof every class are heavily fined if they enter the tion of our most familiar ideas, and all just "Indian country without a passport." By the notions on the subject are to be turned upside tenth section, “the Superintendent of Indian | down. Affairs and Indian agents and sub-agents” are Perhaps it will be said that there is some porauthorized "to remove from the Indian country tion of these Territories to which the Indian all persons found therein contrary to law, and title has been extinguished; and the honorable the President of the United States is authorized chairman may insist that, so far as that portion to direct the military force to be employed in is concerned, it has got some inhabitants any such removal." By the twenty-third section, how; and we may go up hill and down dale, regulations are prescribed for the application of and search out all the nooks and corners of the such force, but the details are not material. country, and may perchance find somebody whom

Now, I insist that these provisions amount to we can in a proper sense call an inhabitant, but an utter exclusion of inhabitants from the country I very strongly suspect—I have a mind to use in any and every legal sense; and that I am not the word “guess,” for I have an indisputable alone in this opinion, appears from what was title to it as a native of New England—that the said by one of the members above alluded to, five hundred people mentioned by Mr. Hall, (Mr. HALL,) in the House of Representatives, at and the twelve hundred conjectured by Mr. the last session, as follows: The gentleman RICHARDSON, will be found on the Indian lands, from North Carolina, (Mr. Clingmany in the first and in immediate contract with the Indian tribes. place, objects to this Territory, because there are But if it be otherwise, or, in other words, if only five or six hundred people settled there. Why the population, such as it is, can be assigned to is it that there are not more people there? Simply the other part of the Territories, then the honorbecause

your laws will not let a white man settle able chairman, before he can call them inhabitthere." And further: “As soon as a white man ants will have to trample under foot another act goes into the Territory, without a license from the of Congress. Yes, sir, another act. I refer, sir, Indian Department, there is a company of dra- to the act of 1807, by which it is expressly progoons to run him out of the Territory."

vided, that if any person or persons shall intrude I have a great respect for, and confidence in, on the public lands, he shall be treated as a tres the learning and ability of the chairman of the passer, and it is made the duty of the proper Committee on Territories, and I should like to officer of the Government to turn him out, and,

I think, also of the President to employ a mili- DOUGLAS) does not in this bill provide for the tary force if necessary. Here we have the dra- suspension or repeal either of the act of 1804 or goons again; chasing down the inhabitants of that of 1807. Thus he leaves those acts in full the honorable Senator from Illinois. I do not force, so that not only the Governor, but the leknow but that one of them may be the abolition gislative assembly itself

, would be liable to be missionary, mentioned by the honorable Senator, chased out of the Territories by the dragoons. who manifested his abolitionism and his hatred Suppose some place can be found where it would of slavery in a very peculiar and remarkable be lawful to erect a structure for the accommomanner, by purchasing and bringing into the dation of the assembly, and suppose, moreover, country a slave, whether male or female the that the body convenes and is duly organized. Senator did not say; perhaps he had better in- Could they

deliberate in peace! Why, sir, in quire.

the very midst of a flight of oratory of some Mr. DOUGLAS. I will inquire, if the gentle- patriot on (say) the negro question-of which, man wishes it.

according to this bill, they are to have sole jaMr. SMITH. No, sir. I have nothing to do risdiction--the dragoons might appear, and then with the matter. I surrender the whole negro we should have an universal stampede of Govquestion to the Senator; he has jurisdiction of ernor, counsellors, and representatives! I can it, and I believe of nothing else.

see them, even now, streaming across the counNor can the honorable Senator (Mr. Douglas) try, the dragoons in full chase, with the honor, get along with the law of 1841, which authorizes able Senator (who would naturally be at hand pre-emption rights. By the act referred to it is to take care of his offspring) following, booted provided that whenever the Indian title to the and spurred, close at their heels, and trying to public lands has been extinguished, and the same arrest so untimely a procedure by reading the have been surveyed, it shall be lawful for a citi- riot act. zen, or an alien who has declared under oath an Besides, what is to be the state of things if intention to become a citizen, to enter upon a we invite our people to rush in before the lands quarter section of such lands, settle thereon, are surveyed!' Will it not produce confusion, and thus acquire the right of pre-emption on utter confusion Suppose on the surveys being certain specified terms. Now these lands have not made, it turns out that two or more settlers are been surveyed, and the difficulty is equally in on the same quarter section, which of them is to surmountable in both parts of these Territories, have it? To open the country to settlement in that is to say, where the Indian title has been advance of the public surveys, is to the last deextinguished and where it has not. I am very gree absurd. Nay, you do not open it, you only sorry that there should be so many obstacles to ask our people to violate existing laws, and you the progress of the Senator, for I have a sincere make yourselves accessories before the fact to respect for him, nay, admiration, on account of his every species of enormity. reinarkable fecundity in the line of Territories. But there are other parts of the machinery We have every session the parturition of a Ter. which will be found nearly as stubborn, if not ritory, occasionally two at a time as now. I am quite. The Governor of each Territory is to lay sorry that the travail throes should be so ter- off the same into council and representative dis rific. I do not believe that even the Cæsarian tricts, and every counsellor and representative operation will save the patient. As, however, must be an inhabitant of the district. I would the honorable Senator is a devotee of progress, like to witness the process of laying off this he must give birth to a Territory occasion- country for the purposes indicated. How is it ally. I will proffer him a little bit of advice if to be done? Where are the villages! Where he will permit me, by way of preparation for are the inhabitants so grouped as that they could “ lying in.” In the first place, he should have conveniently be comprised within a district! the Indian title extinguished to a good breadth For aught Ỉ can see, in the exuberance of this of country; and if he has any respect for the policy, the Governor would have to manage faith of treaties, such country should be located somewhat in this wise: Log-cabin No. 1, situated far away from those Indian Territories which near the top of branch so and so, shall be dis we have guarantied and bound ourselves by the triet No. 1; and log-cabin No. 2, situated fifty most solemn obligations to secure to that unfor- miles northeast of No. 1, shall be district No. 2, tunate race forever.

and so on, to the end of the chapter. Perhaps In the next place, the Senator ought to ask the Governor would be reduced to such straits for an appropriation to have lands surveyed; that he would have to constitute any half dozen and after this has been done, and the country log-cabins in the same vicinage, each into a dismarked off into townships, sections, and quarter trict by itself, and then each occupant would be sections, the settlers can go there and build their sure to get into either the council or the legislog-cabins when my friend will have people in lative assembly. I think that if the districts, as the country whom he can properly call inhabit- they must necessarily be constituted, were laid ants, and then he may go it blind in this business down on paper, it would cast this proceeding of manufacturing Territories, for aught I care. into contempt, and render it all a farce from beHence there are no inhabitants there, and can ginning to end. be none; and, therefore, there can be neither But, Mr. President, I now come to a question voters nor office-holders, in conformity with the which I deem of much higher importance than provisions of this bill.

any to which I have hitherto adverted. It is s It is a remarkable fact that the Senator (Mr.' question which, in my judgment, deeply con

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