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ments; and the Constitution thereof, with the Yens, all the Democrats from Slave States, proper evidence of its adoption by the people of and all the Democrats from Free States, exthe President of the United States, to be laid. cept as below; with Messrs. Duncan L. before Congress for its final action, on or before Clinch, Milton Brown, James Dellet, Wilthe 1st day of January, 1846.
loughby Newton, of Va. (who therefrom " Second. Said State, when admitted into the turned Democrat), and Alex. H. Stephens Union, after ceding to the United States all pubi of Ga. (now Democrat), from Slave States. lic edifices, fortifications, barracks, ports, and harbors, navy and navy.yards, docks, magazines, Nays, all the Whigs from Free States ; arms, armaments, and all other property and all those from Slave States except as above; means pertaining to the public defense, belong: with the following Democrats from Free ing to the said Republic of Texas, shall retain
States, viz. : all the public funds, debts, taxes, and dues of every kind which may belong to, or be due
MAINE.-Hannibal Hamlin-1. or owing said republic; and shall also retain all the vacant and unappropriated lands lying Reding-2.
NEW HAMPSHIRE.-John P. Hale, John R. within its limits, to be applied to the payment VERMONT.-Paul Dillingham, jr.–1. of the debts and liabilities of said Republic of Texas; and the residue of said lands, after dis
CONNECTICUT.-George S. Catlin-1. charging said debts and liabilities, to be disposed Benton, Levi D. Carpenter. Jeremiah E. Carey,
New-YORK. Joseph H. Anderson, Charles S. of as said ate may direct; but in no event Amasa Dana, Richard D. Davis, Byram Green, are said debts and liabilities to become a charge Preston King, Smith M. Purdy, George Rathbun, upon the United States. “ Third. New States of convenient size. not
Lemuel Stetson, Horace Wheaton, David L.
Seymour-14. exceeding four in number, in addition to said
OH10.-Henry St. John--1. State of Texas, and having sufficient population,
MICHIGAN.-James B. Hunt, Robert McClelmay hereafter, by the consent of said State, be
land-2. formed out of the Territory thereof, which shall be entitled to admission under the provisions of
Total Democrats from Free States 23. the Federal Constitution. And such States as may be formed out of that portion of said Terri
So the resolve passed the House, and was tory, lying south of thirty-six degrees thirty sent to the Senate for concurrence. minutes north latitude, commonly known as the In Senate, several attempts to originate Missouri Compromise line, shall be admitted into action in favor of Annexation were made the Union, with or without Slavery, as the people at this session, but nothing came of them. of each State asking admission may desire; and in such State or States as shall be formed out of Feb. 24th. The joint resolution aforesaid said Territory, north of said Missouri Compro- from the House was taken up for consideramişe line, Slavery or involuutary servitude (ex. tion by 30 Yeas to 11 Nays (all Northern cept for crime) shall be prohibited.”
Whigs). On the 27th, Mr. Walker of Wis. Mr. Cave Johnson of Tenn, moved the moved to add an alternative proposition, previous question, which the House seconded contemplating negotiation as the means of -Yeas 113; Nays 106—and then_the effecting the meditated end. amendment aforesaid was agreed to-Yeas Mr. Foster (Whig) of Tenn. proposed the 118 ; Nays 101.
following: Yeas, 114 Democrats, and Messrs. Milton Brown of Tenn., James Dellet of Ala., and terms and conditions of such admission, it shall
“And provided further, That in fixing the Duncan L. Clinch and Alex. H. Stephens be expressly stipulated and declared, that the of Ga. (4), Southern Whigs.
State of Texas, and such other States as may be Nays, all the Whigs present from Free formed out of that portion of the present Territory States, with all from Slave States, but the north latitude, commonly known as the Missouri
of Texas lying south of thirty-six deg. thirty min. four just named; with the following Demo Compromise line, shall be admitted into the crats from Free States :
Union with or without Slavery, as the people of
each State, so hereafter asking admission, may Maine._Robert P. Dunlap, Hannibal Hamlin desire : And provided furthermore, That it shall
be also stipulated and declared, that the public VERMONT. Paul Dillingham, jr.-1.
debt of Texas shall in no event become a charge NEW HAMPSHIRE.—John P. Hale-1.
upon the government of the United States." CONNECTICUT.-George S. Catlin-1.
New-YORK.-Joseph H. Anderson, Charles S. Benton, Jeremiah E. Carey, Amasa Dana, Rich (Slavery) proviso of the foregoing, which
The question was first taken on the first Smith M. Purdy, George Rathbun, Orville Rob was defeated, by Yeas and Ňays, as folinson, David L. Seymour, Lemuel Stetson-12.
lows : OH10.–Jacob Brinckerhoff, William C. McCauslen, Joseph Morris, Henry St. John--4.
YEAS-For the Slavery Proviso: Michigan.--James B. Hunt, Robert McClel. Messrs. Archer, Va. land--2.
Barrow, La. Johnson, La. Total Democrats from Free States, 23.
Bayard, Del. Mangum, N. C.
Berrien, Ga. Merrick, Md.
Crittenden, Ky. Pearce, Md. The House then ordered the whole propo
Foster, Tenn. Phelps, Vt. sition to a third reading forthwith Yeas Hannegan, Ind. Rives, Va. 120; Nays 97--and passed it by Yeas 120 ;
Huger, s. C. Sevier, Ark.--18. Nays 98.
All Whigs but three (in Italics).
NAYS- Against the Slavery Proviso:
Choate of Mass. Miller of N. J. Messrs. Allen, Ohio.
Crittenden of Ky.
Phelps of Vt.
Dayton of N. J.
Upham of Vt.
Woodbridge of Mich.—11 (all Whigs).
Messrs. Allen, Ohio. Haywood, N. C.
Ashley, Ark. Henderson, Miss.
Atchison, Mo. Huger, S. C.
Atherton, N. H. Jarnagin, Tenn.
Bagby, Ala. Johnson, La.
Barrow, La. Lewis, Ala.
Benton, Mo. McDuffie, S. C.
Breese, Ind. Merrick, Md.
Buchanan, Pa. Niles, Conn.
Clayton, Del. Pearce, Md.
Colquitt, Ga. Rives, Va.
Fairfield, Me. Sturgeon, Pa.
Tappan, Ohio. voted down. Yeas, 20 (Whigs) ; Nays, 31 Hannegan, Ind. Walker, Wis. (25 Democrats and 6 Whigs).
Woodbury, N. H.-33. Various amendments were proposed and
The Walker amendment aforesaid was car. voted down. Among them, Mr. Foster, of ried, by Yeas 27, to Nays 25, as follows: Tenn., moved an express stipulation that Slavery should be tolerated in all States YEAS-For Walker's Amendment: formed out of the Territory of Texas, south Messrs. Allen,
Haywood, of the Missouri line of 36° 30'. Rejected
Henderson, Yeas, 16 (Southern Whigs, and Sevier of
Huger, Arkansas) ; Nays, 33.
McDuffie, all after the enacting clause, and ipsert :
Merrick, “That the President of the United States be,
Niles, and he bereby is, authorized and advised to open
Dickinson, negotiations with Mexico and Texas, for the ad
Hannegan. basis, to wit: “I. The boundary of the annexed territory to
Woodbury–27. be in the desert prairie west of the Nueces, and along the highlands and mountain heights which
NAYS-- Against Walker's Amendment : divide the waters of the Mississippi from the
Huntington, waters of the Rio del Norte, and to latitude forty
Jarnagin, two degrees north.
Mangum, “II. The people of Texas, by a legislative act,
Miller, or by any authentic act which shows the will of
Morehead, the majority, to express their assent to said an
Clayton, Phelps, “III. A State to be called · the State of Texas,'
Crittenden, Porter, with boundaries fixed by herself, and an extent
Rives, not exceeding the largest State of the Union, be
Simmons, admitted into the Union, by virtue of this act, on
Upham, an equal footing with the original States.
Francis, White, “IV. The remainder of the annexed territory,
Woodbridge-25. to be held and disposed of by the United States as one of their Territories, to be called the
The resolution as thus amended was adoptSouthwest Territory.'
ed (Feb. 27,) by Yeas and Nays as follows: “ V. The existence of Slavery to be forever prohibited in the northern and northwestern part YEAS—. For the Proposition as amended : of said Territory, west of the 100th degree of lati
Messrs. Allen, tude west from Greenwich, so as to divide, as
Haywood, equally as may be, the whole of the annexed
Atchison, Huger, country between slaveholding and non-slave
Atherton, Johnson, holding States. “VI. The assent of Mexico to be obtained by
Bagby, Lewis, treaty to such annexation and boundary, or to
Merrick. be dispensed with when the Congress of the
Buchanan, Niles, United States may deem such assent to be unne
Sturgeon, adjusted by treaty, so far as the same may come
Fairfield, Tappan, within the scope of the treaty-making power."
Hannegan, Walker, Rejected by the following vote :
Woodbury-26. YEAS-For Mr. Miller's Substitute : [Yeas All Democrats but three in italics, Messrs. Archer of Va.
Evans of Me.
of whom Messrs. Henderson and Merrick Berrien of Ga. Francis of R. I. have since been Democrats.]
NAYS— Aguinst the proposed Annexation : 1 South of thirty-six degrees thirty minutes north
latitude, commonly known as the Missouri ComMessrs. Archer,
Huntington, promise line, shall be admitted into the Union
with or without Slavery, as the people of each
State asking admission may desire. And in such
State or States as shall be formed out of said ter-
rito north of said Missouri Compromise line,
Slavery or involuntary servitude (except for
crime) shall be prohibited.
“ And be it further resolved, That if the Presi.
dent of the United States shall, in his judgment Francis, White,
and discretion, deem it most advisable, instead Woudbridge-25—(all Whigs].
of proceeding to submit the foregoing resolu
tion to the republic of Texas, as an overture on The joint resolve being thus returned to the part of the United States, for admission, to the House as amended by the Senate, a vote negotiate with that Republic; then, was almost immediately taken on concurring,
“ Be it resolved, That a State to be formed out and the amendment of the Senate was assent- of the present Republic of Texas, with suitable
extent and boundaries, and with two representaed to—Yeas, 134; Nays, 77. [A strict par- tives in Congress, until the next apportionment ty vote, except that Mr. Dellet of Alabama, of representation, shall be admitted into the (Whig) voted in the majority). So the An- Union by virtue of this act, on an equal footing nexation of Texas was decreed, and in the with the existing States, as soon as the terms and
conditions of such admission, and the cession following terms :
of the remaining Texan territory to the United
States, shall be agreed upon by the Governments JOINT RESOLUTION FOR ANNEXING TEXAS TO of Texas and the United States. THE UNITED STATES.
“And be it further enacted, That the sum of
one hundred thousand dollars be, and the same Resolved, by the Senate and House of Rep. is hereby, appropriated to defray the expenses resentatives of the United States in Congress of missions and negotiations, to agree upon the assembled, That Congress doth consent that the terms of said admission and cession, either by territory properly included within, and rightfully treaty to be submitted to the Senate, or by artibelonging to, the Republic of Texas, may be cles to be submitted to the two Houses of Conerected into a new State, to be called the State gress, as the President may direct. of Texas, with a Republican form of government,
* Approved, March 2, 1845." to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the
XI. same may be admitted as one of the States of this Union.
THE WILMOT PROVISO. “Sec. 2. And be it further resolved, That the foregoing consent of Congress is given upon the
Texas having been annexed during the following conditions, and with the following guar- summer of 1845, in pursuance of the foregoanties, to wit:
ing joint resolution of the two Houses of First. Said State to be formed, subject to the Congress, a portion of the United States adjustment by this Government of all questions Army, under Gen. Taylor, was, early in the of boundary that may arise with other Govern. Spring of 1846, moved down to the east ments ; and the constitution thereof, with the bank of the Rio Grande del Norte, claimproper evidence of its adoption by the people of led by Texas as her Western boundary, but the President of the United States, to be laid be not so regarded by Mexico. A hostile colfore Congress for its final action, on or before the lision ensued, resulting in war between the first day of January, one thousand eight hun- United States and Mexico. dred and forty-six.
It was early thereafter deemed advisable “Second, Said State, when admitted into the Union, after ceding to the United States all pub- that a considerable sum should be placed by lic edifices, fortifications, barracks, ports, and Congress at the President's disposal, to neharbors, navy and navy-yards, docks, magazines, gotiate an advantageous Treaty of Peace arms, armaments, and all other property, and and Limits with the Mexican government. means pertaining to the public defensē, belong: A Message to this effect was submitted by the public funds, debts, taxes, and dues of every President Polk to Congress, August 8th, kind which may belong to, or be due or owing said 1846, and a bill in accordance with its sugRepublic ; and shall also retain all the vacant or gestions laid before the House, which prounappropriated lands lying within its limits, to be ceeded to consider the subject in Committee of said Republic of Texas; and the residue of of the Whole. The bill appropriating $30,000 said lands, after discharging said debts and lia for immediate use in negotiations with Mexibilities, to become a charge upon the United co, and placing $2,000,000 more at the disStates.
" Third. New States of convenient size, not posal of the President, to be employed in exceeding four in number, in addition to the said making peace, Mr. David Wilmot, of Pa., State of Texas, and having sufficient population, after consultation with other Northern Demomay hereafter, by the consent of said State, be crats, offered the following Proviso, in adformed out of the territory thereof, which shall be dition to the first section of the bill : entitled to admission under the provision of the Federal Constitution; and such States as may be “ Provided, That as an express and fundamentformed out of that portion of said territory lying I al condition to the acquisition of any territory from the Republic of Mexico by the United States, Mr. R. Brodhead of Penn. moved that this by virtue of any treaty which may be negotiated resolution lie on the table. Carried ; Yeas, between them, and to the use by the Executive of the moneys herein appropriated, neither
105 ; Nays, 93. Slavery nor involuntary servitude shall ever ex- [Yeas—all the members from Slave States, ist in any part of said territory, except for crime, but John W. Houston (Whig), of Delaware, whereof the party shall first be duly convicted." with the following from Free States (all
This proviso was carried in Committee, Democrats but Levin): by the strong vote of eighty-three to sixty
MAINE.-Asa W. H. Clapp, Franklin Clark, Jas. four-only
three Members (Democrats) from S. Wiley, Hezekiah Williams-4. the Free States, it was said, opposing it. NEW-YORK.--Ausburn Birdsall, David S. Jack[No record is made of individual votes in son, Frederick W. Lord, William B. Maclay—4. Committee of the Whole.] The bill was
PENNSYLVANIA.-Richard Brodhead, Charles then reported to the House, and Mr. Rath- Brown, Lewis C. Levin, Job Mann-4.
Ohio.-William Kennon, jr., John K. Miller, bun of N. Y. moved the previous question Thomas Richey, William Sawyer-4. on its engrossment.
INDIANA. Charles W. Cathcart, Thomas J. Mr. Tibbatts of Ky. moved that it do Henley, John Petitt, John L. Robinson, William
W. Wick--5. lie on the table Defeated -- Yeas 79;
ILLINIOS.-Orlando B. Ficklin, John A. Mc[Stephen A. Douglas, John A. McCler- Clernand, William A. Richardson, Robert Smith, nand, John Pettit, and Robert C. Schenck, Thomas J. Turner-5. voting with the South to lay on the table]; Naysall the Whigs and a large majority Nays 93 ; [Henry Grider and William P. of the Democrats from Free States, with Thomasson of Ky. (Whigs) voting with the John W. Houston aforesaid. North against it).
This vote terminated all direct action in The bill was then engrossed for its third favor of the Wilmot proviso for that Sesreading by Yeas 85, Nays 80 ; and thus sion. passed without further division. A motion to reconsider was laid on the table— Yeas Del., from the Select Committee to which
July 18th.-In Senate, Mr. Clayton of 71 ; Nays 83. So the bill was passed and was referred, on the 12th inst., the bill prosent to the Senate, where Mr. Dixon H. viding a territorial government for Oregon, Lewis of Ala. moved that the Proviso
reported a bill to establish Territorial govabove cited be stricken out; on which de- ernments for Oregon, New Mexico, and Calibate arose, and Mr. John Davis of Mass. fornia, which was read. [It proposed to was speaking when, at noon of August 10th, submit all questions as to the rightful existthe time fixed for adjournment having ar
ence or extent of Slavery in the Territories rived, both Houses adjourned without day.
to the decision of the Supreme Court of the
United States.] [NOTE.—We do not give the Yeas and Nays on the divisions just above, the House having win of Conn. moved to strike out so much
July 24th.-Second reading. Mr. Baldbeen quite thin when they were taken, and some of said bill as relates to California and New Northern Members voting with the South from
Mexico. hostility to the whole project of buying either Free Soil men of both parties) ; Nays, 37.
Rejected; Yeas, 17 (Northern peace or territory. Generally, however, the vote
The bill was discussed through several ran much as former divisions would lead one to succeeding days. On the 26th, Mr. Clarke expect. Mr. Stephen A. Douglas, and some of R. I. moved to add to the 6th section : other friends of the original bill, voted against it
“Provided, however, That no law, regulation, or at every stage after the Proviso was added.]
act of the provisional government of said Territory
permitting Slavery or involuntary servitude thereThe XXXth Congress assembled Dec. 6, in shall be valid, until the same shall be approved 1847.
by Congress." Feb. 28th, 1848, Mr. Putnam of N. York Rejected ; Yeas, 19 [Col. Benton, and moved the following:
18 Northern Freesoilers of both parties] ; “ Whereas, In the settlement of the difficulties Nays, 33. pending between this country and Mexico, terri- Mr. Reverdy Johnson of Md. moved to, tory may be acquired in which Slavery does not amend the bill by insertingnow exist:
“And whereas, Congress, in the organization Except only, that in all cases of title to Slaves, of a territorial government, at an early period of the said writs of error or appeals shall be allowed our political history established a principle worthy and decided by the said Supreme Court without of imitation in all future time, forbidding the ex- regard to the value of the matter, property, or istence of Slavery in free territory; Therefore, title in controversy; and except, also, that a writ
* Resolved, 'That in any territory, that may be of error or appeal shall also be allowed to the Suacquired from Mexico, over which shall be estab- preme Court of the United States from the decision lished territorial governments, Slavery, or involun- of the said Supreme Court created by this act, or tary servitude, except as a punishment for crime, of any judge thereof, or of the district Courts creawhereof the party shall have been duly convicted, ted by this act, or of any judge upon any writ of shall be forever prohibited ; and that in any act habeas corpus involving the question of personal or resolution establishing such governments, a freedom.” fundamental provision ought to be inserted to that effect.”
Carried : Yeas, 31 (all sorts); Nays, 19
(all Southern, but Bright, Dickinson, and YEAS-For Clayton's Compromise : Hannegan).
Messrs. Atchison, Houston, Mr. Baldwin of Conn. moved an additional
Atherton, Hunter, section, as follows:
Johnson, La. “SEC. 37. And be it further enacted, That it Borland, Johnson, Ga. shall be the duty of the attorneys for said Terri
King, tories, respectively, on the complaint of any per
Lewis, son held in involuntary servitude therein, to make
Mangum, application in his behalf in due form of law, to
Calhoun, Mason, the court next thereafter to be holden in said Ter
Clayton, Phelps, ritory, for a writ of babeas corpus, to be directed
Davis, Miss. Rusk, to the person so holding such applicant in service
Sebastian, as aforesaid, and to pursue all needful measures in
Douglas, Spruance, his behalf; and if the decision of such court shall
Sturgeon, be adverse to the application, or if, on the return
Turney, of the writ, relief shall be denied to the applicant,
Hannegan, Westcott, on the ground that he is a slave held in servitude
Yulee-33. in said Territory, said attorney shall cause an appeal to be taken therefrom, and the record of all NAYS.- Against Clayton's bill : the proceedings in the case to be transmitted to Messrs. Allen,
Felch, the Supreme Court of the United States as speedily
Badger, Fitzgerald, as may be, and to give notice thereof to the At
Baldwin, Greene, torney General of the United States, who shall
Hale, prosecute the same before said Court, who shall
Bradbury, Hamlin, proceed to hear and determine the same at the
Metcalf, first term thereof."
Underwood, Nays, 31.
Upham, Mr. Davis of Mass. moved to strike out Dodge,
Walker22. section 12, and insert as follows :
So the bill was engrossed, and immedi“Sec. 12. And be it further enacted, That so ately passed without a division. much of the sixth section of the ordinance of the 13th July, 1787, as is contained in the following words ; viz : 'There shall be neither Slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, and was taken up and read twice.
July 28th. This bill reached the House, whereof the party shall have been duly convicted," shall be and remain in force in the Territory Committee of the Whole on the State of the
Mr. Linn Boyd of Ky. moved it to a of Oregon."
This was defeated ; Yeas, 21; Nays, 33, as Union. follows:
Mr. C. B. Smith of Ind. moved and obYEAS-For the Slavery Prohibition :
tained a call of the House, when all but
eighteen Members responded. Messrs. Allen, Ohio.
Mr. A. H. Stephens of Ga. moved that
ordered, and the motion prevailed : Yeas, Bradbury, Mo. Hale, N. H.
112; Nays, 97.
Yeas all the Free State Whigs, with the
following Whigs from Slave States :
Virginia.-John S. Pendleton-1.
NORTH CAROLINA.-Nathaniel Boydon, Rich
ard S. Donnell-2. NAYS— Against the Slavery Prohibition : GEORGIA.—Alex. H. Stephens-1.
KENTUCKY.-Green Adams, Aylett Buckner, Messrs. Atchison, Mo. Houston, Texas.
John B. Thompson-3.
TENNESSEE. -John H. Crozier-1.
Total, eight Whigs from Slave States.
Democrats from Free States :
MAINE.--Asa W. H. Clapp, David Hammons,
Ephraim K. Smart, James S. Wiley-4.
NEW HAMPSHIRE.--Charles H. Peaslee1.
VERMONT.-Lucius B. Peck-l.
RHODE ISLAND.—Benjamin B. Thurston-1.
NEW YORK.-William Collins, Timothy Jen-
kins, Sidney Lawrence, Frederick W. Lord, Foote, Miss. Underwood, Ky.
William B. Maclay, Henry Nicoll, George A.
PENNSYLVANIA.-Wm. Strong, James Thomp-
son, David Wilmot-3. The bill was then engrossed for a third
Ohio.-James J. Faran, George Fries, Samuel
Lahm Jonathan D. Morris_4. reading; Yeas, 33; Nays, 22; as fol
INDIANA.- Thomas J. Henley_1.