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PRELECTION.

On the 16th of December, 1818, on the motion of Mr. Robertson, of Kentucky, a select committee, consisting of Mr. Robertson, Mr. Beecher, of Ohio, and Mr. Jones, of Tennessee, was appointed to inquire into the expediency of organizing a separate territorial government, in that portion of the then territory of Missouri, lying south of 36:30 north latitude. On the 21st of the same month, Mr. Robertson reported to the House of Representatives of the United States the Bill, as it finally passed. On the 18th of February, 1819, the following amendment was offered, in the committee of the whole, by John W. Taylor, of New York:

"And be it further enacted, That neither slavery nor involuntary servitude shall be introduced into the said territory, otherwise than for the punishment of crimes, whereby the party shall have been lawfully convicted. And all children born of slaves within the said territory shall be free, but may be held to service until the age of 25 years.'

This was a year before the agitation of the "Missouri Controversy," and may be deemed the origin of what has since been called "the Wilmot Proviso."

On that proposition the following speech was made. The proposed amendment having been rejected by the committee of the whole, Mr. Taylor renewed it in the House, which also rejected it by the following vote:

Yeas-Messrs. Adams, Ållen, of Mass., Anderson, of Pa., Barber, of Ohio, Bateman, Bennett, Boden, Boss, Comstock, Crafts, Cushman, Darlington, Drake, Folger, Fuller, Hall, of Del., Hasbrouck, Hendricks, Herrick, Hiester, Hitchcock, Hostetter, Hubbard, Hunter, Huntington, Irving, of N. Y., Lawyer, Lincoln, Linn, Livermore, W. Maclay, W. P. Maclay, Marchand, Mason, of Ř. I., Merrill, Robert Moore, Samuel Moore, Morton, Moseley, Murray, Jer. Nelson, Ogle, Orr, Palmer, Petterson, Pawling, Rice, Rich, Richards, Rogers, Ruggles, Sampson, Savage, Scudder, Seybert, Sherwood. Southward, Spencer. Tallmadge, Tarr, Taylor, Terry, Tompkins, Townsend, Wallace, Wendover, Whiteside, Williams, of Conn., Williams, of N. Y., Wilson, of Pa.--70.

Nays--Messrs. Anderson, of Kentucky, Austin, Ball, Barbour, of Va., Bassett, Bayley, Beecher, Bloomfield, Blount, Bryan, Burwell, Butler, of La., Cobb, Cook, Crawford, Culbreth, Desha, Earl, Edwards, Garnett, Hall, of N. C., Harrison, Hogg, Holmes, Johnson, of Va., Johnson, of Ky., Jones, Kinsey, Lewis, Little, Lowndes, M'Lane, of Del., M'Lean, of Ill., M'Coy, Marr, Mason, of Mass., H. Nelson, T. M. Nelson, New, Newton, Ogden, Owen, Parrott, Pegram, Peter, Pindall, Pleasants, Porter, Quarles, Reed, of Ga., Rhea, Robertson, Sawyer, Settle, Shaw, Simpkins, Slocumb, S. Smith, Alex. Smyth, J. S. Smith, Speed, Stewart, of N. C., Storrs, Stuart, of Md., Terrell, Trimble, Tucker, of Va., Tucker, of S. C., Tyler, Walker, of N. C., Williams, of N. C.-71.

Mr. T. then moved so much of said amendment as related prospectively to the issue of slaves, and that was adopted by the following vote:

Yeas-Messrs. Adams, Anderson, of Pa., Barber, of Ohio, Bateman, Bennett, Boden, Boss, Comstock. Crafts, Cushman, Darlington, Drake, Ellicott, Folger, Fuller, Gilbert, Hall, of Del., Hasbrouck, Hendricks, Herrick, Hiester, Hitchcock, Hostetter, Hubbard, Hunter, Huntington, Irving, of N. Y., Kirtland, Lawyer, Lincoln, Linn, Livermore, W. Maclay, W. P. Maclay, Marchand, Merrill, Mills, Robt. Moore, Samuel Moore, Morton, Moseley, Murray, Jer. Nelson, Ogle, Orr, Palmer, Patterson, Pawling, Rice, Rich, Richards, Rogers, Ruggles, Sampson, Savage, Schuyler, Scudder, Seybert, Sherwood, Southward, Spencer, Tallmadge,

Tarr, Taylor, Terry, Tompkins, Townsend, Wallace, Wendover, Westerlo, Whiteside, Williams, of Con., Williams, of N. C., Williams, of N. Y., Wilson, of Pa. -75.

Nays-Messrs. Abbott, Anderson, of Ky., Austin, Ball, Barbour, of Va., Bassett, Bayley, Beecher, Bloomfield, Blount, Bryan, Burwell, Butler, of La., Cobb, Cook, Crawford, Cruger, Culbreth, Desha, Earl, Edwards, Garnett, Hall, N. C., Harrison, Hogg, Holmes, Johnson of Va., Johnson, of Ky., Jones, Kinsey, Lewis, Little Lowndes, M'Lane, of Del., McLean, of Ill., M'Coy, Marr, Mason, of Mass., Middleton, H. Nelson, T. M. Nelson, Nesbitt, New, Ogden, Owen, Parrott, Pegram, Peter, Pindall, Pleasant, Quarles, Reed, of Md., Reed, of Ga., Rhea, Robertson, Sawyer, Settle, Shaw, Simkins, Slocumb, S. Smith, Alex, Smyth, J. S. Smith, Speed, Stwart, of N. C., Storrs, Stuart, of Md, Terrell, Trimble, Tucker, of Va., Tucker, of S. C., Tyler, Walker, of N. C.-73.

On the next day Mr. Robertson moved a reference of the Bill to a select committee, with instructions to strike out of the 1st section thereof the following words: "And all children born of slaves within the said territory shall be free, but may be held to service until the age of twenty-five years."

Which motion prevailed by the following vote:

Yeas-Messrs. Abbott, Anderson, of Ky., Austin, Baldwin, Ball, Barbour, of Va., Bassett, Bayley, Beecher, Bloomfield, Blount, Bryan, Butler, of La., Campbell, Cobb, Colston, Cook, Crawford, Cruger, Davidson, Desha, Earl, Edwards, Ervin, of S. C., Fisher, Floyd, Garnett, Hall, of N. C., Harrison, Hogg, Holmes, Johnson, of Va., Johnson, of Kentucky, Jones, Kinsey, Lewis, Little, Lowndes, M'Lane, of Del., McLean, of Ill., McCoy, Marr, Mason, of Mass., Mercer, Middleton, H. Nelson, T. M. Nelson, Nesbitt, New, Newton, Ogden, Owen, Parrott, Pegram, Peter, Pindall, Pleasants, Poindexter, Quarles, Reed, of Md., Reed, of Ga., Rhea, Ringgold, Robertson, Sawyer, Settle, Shaw, Sinkins, Slocumb, S. Smith, Bal. Smith, Alex. Smith, J. S. Smith, Speed, Stewart, of N. C., Storrs, Strother, Stuart, of Md., Terrell, Trimble, Tucker, of Va., Tucker, of S. C., Tyler, Walker, of N. C., Walker, of Ky., Whitman, Williams, of N. C.-88.

Nays-Messrs. Adams, Allen, of Mass., Anderson, of Pa., Barber, of Ohio, Bateman, Bennett, Boden, Boss, Clagen, Comstock, Crafts, Cushman, Darlington, Drake, Ellicott, Folger, Fuller, Gage, Gilbert, Hale, Hall, of Del., Hasbrouk, Hendricks, Herkimer, Herrick, Hiester, Hitchcock, Hopkinson, Hostetter, Hubbard, Hunter, Huntington, Irving, of N. Y., Kirtland, Lawyer, Lincoln, Linn, Livermore, W. Maclay, W. P. Maclay, Marchand, Mason, of R. I., Merrill, Mills, Robert Moore, Samuel Moore, Morton, Moseley, Murray, Jer. Nelson, Ogle, Orr, Palmer, Patterson, Pawling, Pitkin, Porter, Rice, Rich, Richards, Rogers, Ruggles, Sampson, Savage, Schuyler, Scudder, Sergeant, Seybert, Sherwood, Silsbee, Southard, Spencer, Tallmadge, Tarr, Taylor, Terry, Tompkins, Townsend, Upham, Wallace, Wendover, Westerlo, Whiteside, Wilkin, Williams, of Con., Williams, of N. Y, Wilson, of Mass., Wilson, of Pa.-88.

There being an equal division, the Speaker (Henry Clay) declared himself in the affirmative, and so the said motion was carried.

And Mr. Robertson, of Ky., Mr. Silisbee, of Mass., Mr. Burwell, of Va., Mr. Mills, of Mass., and Mr. Lowndes, of S. C., were appointed the said committee. On the same day Mr. Robertson reported the bill without the said amendment; and on the question of concurrence with the committee in striking out said amendment, the House concurred by the following vote:

Yeas-Messrs. Abbott, Anderson, of Ky., Austin, Baldwin, Ball, Barbour, of Va., Bassett, Bayley, Beecher, Bloomfield, Blount, Bryan, Burwell, Butler, of La., Campbell, Cobb, Colston, Cook, Crawford, Cruger, Culbreth, Davidson, Desha, Earl, Edwards, Ervin, of S. C., Fisher, Floyd, Garnett, Hall, of N. C., Harrison, Hogg, Holmes, Johnson, of Va., Johnson, of Ky., Jones, Kinsey, Lewis, Little, Lowndes, M'Lane, of Del., M'Lean, of Ill., M'Coy, Marr, Mason, of Mass., Mercer, Middleton, H. Nelson, T. M. Nelson, Nesbitt, New, Newton, Ög.

den, Owen, Parrott, Pegram, Peter, Pindall, Pleasants, Poindexter, Quarles, Reed, of Md., Reed, of Ga., Rhea, Ringgold, Robertson, Sawyer, Settle, Shaw, Simkins, Slocumb, S. Smith, Bal. Smith, Alex. Smith, J. S. Smith, Speed, Stewart, of N. C., Storrs, Strother, Stuart, of Md., Terrell, Trimble, Tucker, of Va., Tucker, of S. C., Tyler, Walker, of N. C., Walker, of Ky., Whitman, Williams, of N. C.-89.

Nays-Messrs. Adams, Allen, of Mass., Anderson, of Pa., Barber, of Ohio, Bateman, Bennett, Boden, Boss, Clagett, Comstock, Crafts, Cushman, Darlington, Drake Ellicott, Folger, Fuller, Gage, Gilbert, Hale, Hall, of Del., Hasbrouk, Hendricks, Herkimer, Herrick, Hiester, Hitchcock, Hopkinson, Hostetter, Hubbard, Huntington, Irving, of N. Y., Kirtland, Lawyer, Lincoln, Linn, Livermore, W. Maclay, W. P. Maclay, Marchand, Mason, of R. I., Merrill, Mills, Robert Moore, Samuel Moore, Morton, Moseley, Murray, Jer. Nelson, Ogle, Orr, Palmer, Patterson, Pawling, Pitkin, Porter, Rice, Rich, Richards, Rogers, Ruggles, Savage, Schuyler, Scudder, Sergeant, Seybert, Sherwood, Silsbee, Southward, Spencer, Tallmadge, Tarr, Taylor, Terry, Tompkins, Townsend, Upham, Wallace, Wendover, Westerlo, Whiteside, Wilkin, Williams, of Con., Williams, of N. Y., WIson, of Mass., Wilson, of Pa.-87.

The Bill, as originally reported, was then engrossed, and on the next day, (20th February, 1819) was passed.

From the foregoing synopsis, the present age and posterity will be able to see how equally divided, and how geographical, in this first controversy on the subject, were the parties which have since so much agitated the public mind and dis. turbed the public peace, and may also see how far the following speech was prophetical of the consequences of all such agitation, and presented an outline of the true national power and policy, on a most delicate and interesting topic.

SPEECH OF MR. ROBERTSON, OF KENTUCKY, On the Bill to establish the Territorial Government of Arkansas.

[Congressional Debates, 18th of February, 1819.]

WHEN leave was asked to bring in this bill to organize a separate territorial government for Arkansas, I explained the reasons which, in my judgment, should commend such a measure to the approval of Congress. I had consulted no person on the subject-not even the delegate from Missouri, from which the proposed territory was to be taken. But it seemed to me that the remote, forlorn, and almost lawless condition of the population of the Arkansas regions, demands, in resistless tones, a separate and efficient organization and government; and in this sentiment I am happy to find, not only that the worthy delegate from Missouri concurs, but that the vote on the leave proves the unanimous concurrence of this House also.

It would be useless, therefore, to repeat or enlarge on the suggestions made on a former occasion, to prove the propriety of passing the bill, as reported, nor is any argument as to any of the details of the bill necessary nowbecause no objection has been made, or is apprehended on any such ground.

The great and only proper subject of debate is, whether it should pass with the proposed interdiction of slavery, inserted in it as a condition of its passage. To that proposition I am altogether opposed, and if it be maintained, I shall vote against my own bill. My argument will be confined to a brief discussion of the amendment for interdicting slavery, proposed by the gentleman from New York, (Mr. Taylor) and urged with so much zeal and vehemence by himself and some other Northern members. And not intending to argue this grave matter in extenso, I shall content myself, on the present occasion, with a condensed outline of the principal reasons which convince me that the question, now agitated in a new form, for the first time, is indiscreetly proposed, and should be stifled in its

germ.

Slavery was the most delicate and formidable of all the vexatious subjects which divided the councils which made and adopted the Constitution of the United States. Had it not been wisely put to sleep by a magnanimous compromise, the charter of our Union would never have been sealed. The same spirit of patriotic nationality and forbearance is indispensable to the harmony and preservation of that glorious offspring of mutual concession, of local interests, and compromise of conflicting

and long cherished opinions; and the general government, responsible to all, and the guardian of the national interests of all, as a faithful trustee, must, by its impartiality, moderation, and benevolence, conciliate the confidence and affection of all its citizens, North and South, East and West. This can be effectually done only by administering the government, (in its legislative function, especially,) in the spirit of compromise which brought it into being.

That spirit left slavery as a local concern, to be disposed of by local interest and opinion, and it is the duty of Congress to abstain from any act which will disturb that wise and eventful adjustment of a matter which can never be otherwise settled, either justly or peaceably. Having prohibited foreign importations of slaves into the United States, Congress should leave, as the patriarchs of the constitution left, the domestic institution to the states, and the people of territories of the United States, to be disposed of as each separate community of freemen may choose for themselves; and in this domestic aspect of slavery, Congress ought never to touch it or countenance any agitation concerning it among the states, or the people of the United States, in any form or for any purpose. It is a sensitive plant, which the national hand cannot touch without injury, or sense of outrage, or extreme danger of both.

Congress has, I admit, constitutional power to legislate over the District of Columbia, and over Arkansas, and over every other territory subject to the exclusive jurisdiction of the United States government; and I concede, also, that this is so far plenary as to be subject to no other limitation than sound discretion and the federal constitution. In other words, that the legislative power of Congress is as comprehensive as that of the territory itself would be, if it, instead of the general government, were permitted to exercise all power over its own concerns, which might be consistent with the constitution or the United States. That constitution does not guarantee to the people of the territories the right to establish slaveryo It leaves that concern to the discretion of Con.I gress, and the will of the people of the territcries. But it does guarantee to every citizen of the United States his private property, against the power of the general government (execpt for taxation) without the consent of the owner or just compensation. Although, therefore,

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