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Mr. Clemens of Alabama moved that the
bill be postponed to the next session : Lost;
Yeas 25 ; Nays 30.
Mr. Atchison's reconsidered motion, to
strike California out of the bill, now pre-
vailed : Yeas 34 ; Nays 25. Yulee-33.
The bill being now reduced so as to pro NAYS-Against breaking up “the Om- vide merely for the organization of the Ter. nibus" :
tory of Ŭtah, Mr. Douglas proposed to Messrs. Atchison, Houston,
amend so as to make its southern boundary Badger, Jones,
the parallel of 36° 30' instead of 38° north Bright, King,
latitude : Lost; Yeas 26 ; (all Southern Cass, Mangum,
but Dickinson of N. Y. and Douglas of Clay,
III.) Nays 27 ; (all Northern but Spruance
and Wales of Delaware Mr. Clay not presDickinson, Sebastian,
ent). Dodge of Iowa, Spruance,
Áfter some further attempts to amend,
adjourn, etc., the bill, providing only for the
organization of the Territory of Utah, was Mr. Pearce moved a substitute for the passed to its third reading : Yeas 32 ; Nays sections so stricken out.
18. (Nays all Northern but Bell of TenMr. Hale moved that the bill be postponed nessee.] indefinitely. Negatived : Yeas 27; Nays 32. Aug. 1st.-Said bill passed its third read
Mr. Douglas moved an amendment to Mr. ing without a division. Pearce's substitute, providing that the Ter- Mr. Douglas now called up the original ritorial Government thereby provided for bill providing for the admission of CaliforNew-Mexico shall not go into operation nia, which was again made a special until the boundary of Texas be adjusted. order. Lost: Yeas 24 ; Nays 33.
Aug. 2nd.-Mr. Foote of Miss. again Mr. Turney of Tenn. moved that the bill moved “ that the line of 36° 30' be the be indefinitely postponed. Lost: Yeas 29 ; southern boundary of said State : Lost; Nays 30.
Yeas 23 (all Southern) ; Nays 33. Mr. Underwood of Ky. moved to strike Aug. 6th.—Mr. Turney moved “ that the out so much of Mr. Pearce's substitute as line of 36° 30', commonly known as the Mispostponed the organization of a Territorial souri Compromise line, be, and the same Government in New-Mexico to the 4th of hereby is, extended to the Pacific ocean. March ensuing. Lost : Yeas 25 ; Nays 32. He proposed to admit California with one
Mr. Yulee moved to strike out so much representative, on her assent, by convention, of said substitute as provided for the ap- to this boundary; rejected : Yeas 24 (all pointment of commissioners to settle the Southern); Nays, 32 (including Benton, Unboundary between Texas and New Mexico, derwood,' Walker, Spruance, and Wales, and with it the section just struck at by from Slave States ; the rest Northern). Mr. Underwood. Carried : Yeas 29 ; Various motions to adjourn, postpone, etc., Nays 28.
were now made and voted down ; finally, Mr. Chase now moved that the bill be the Senate was, by the withdrawal of Southpostponed indefinitely : Lost; Yeas 28 ; ern Members, left without a quorum, and Nays 29.
adjourned. The Senate now refused to adopt Mr. Aug. 7th.—The game of moving to postPearce's substitute as amended : Yeas 25; pone, adjourn, etc., consumed all this day Nays 28.
also. Mr. Davis of Miss. moved a new boundary Meantime (August 5th), Mr. Pearce of line for Utah, which was rejected : Yeas 22; Md. had introduced a bill to settle the Nays 34.
Northern and Western boundaries of Texas, Mr. Walker moved to strike out all that (a part of the old overturned" Omnibus,'') remained of the bill except so much as pro- which was also sent to the Committee of vides for the admission of California : Lost; the Whole. Yeas 22 ; Nays 33.
Aug. 6th.—President Fillmore sent a Mr. Phelps of Vt. moved the indefinite Message announcing that Gov. Bell of Texas postponement of the bill : Lost : Yeas 28 ; had notified the Government of his deterNays 30.
mination to extend the authority and jurisMr. Atchison of Mo. moved to strike diction of Texas over all New-Mexico east out so much of the bill as relates to Califor- of the Rio Grande. The President considnia : Lost by a tie; Yeas 29 ; Nays 29. ers himself bound to resist this pretension
Mr. Winthrop of Mass. moved a recon--if necessary, by force-does not believe sideration of this vote: Carried ; Yeas 33; anything would be effected by commissionNays 26.
ers to adjust the boundary, as the facts in
the case are already generally understood, , adjourn, postpone, and lay on the table, the but intimates that
bill was engrossed for a third reading : " 'The Government of the United States would Yeas 33 ; (all the Senators from Free States, be justified, in my opinion, in allowing an indem- with Bell, Benton, Houston, Spruance, nity to Texas, not unreasonable or extravagant, Wales and Underwood ;) Nays 19; (all but fair, liberal, and awarded in a just spirit of from Slave States. Mr. Clay still absentaccommodation."
endeavoring to restore his failing health.) He urges Congress not to adjourn without Aug. 13th.– The California bill passed settling this boundary question, and says : its third reading : Yeas 34 ; Nays 18; (all
“ I think no event would be hailed with more Southern.) gratification by the people of the United States Aug. 14th.— The Senate now took up the ihan the amicable adjustment of questions of bill organizing the Territories of Newdifficulty which have now for a long time agi. Mexico and Utah, (as it was originally retated the country, and occupied, to the exclusion of other subjects, the time and attention of Con- ported, prior to its inclusion in Mr. Clay's gress.'
* Omnibus.") The Texas boundary bill being now put
Mr. Chase of Ohio moved to amend the ahead of the bill admitting California, Mr. bill by inserting : Dayton moved (Aug. 8th), that Texas be “Nor shall there be in said Territory either required to cede her public lands to the Slavery or involuntary servitude, otherwise than United States in consideration of the pay- shall have been duly convicted to have been
in the punishment of crimes whereof the party ment to her of $10,000,000 herein given her personally guilty.” for the relinquishment of her claim
to NewMexico. After the United States shall Which was rejected : Yeas 20; Nays 25. have been repaid the $10,000,000 out of YEAS-For Prohibiting Slavery: the proceeds of these lands, the residue to Messrs. Baldwin,
Hamlin, revert to Texas : Rejected ; Yeas 17 (all Bradbury,
Miller, Northern); Nays 32.
Shields, the Northern boundary of Texas run due
Davis, of Mass. Smith, east from a point on the Rio Grande, twen
Dodge, of Wisc.
Upham, ty miles above El Paso, to the Red River
Walker, of Louisiana : Rejected; Yeas 24; (all
Winthrop-20. Northern, but Wales, Spruance, and Underwood ;) Nays 25.
NAYS- Against Prohibiting Slavery: Mr.'Mason of Va. moved the giving up Messrs. Atchison,
Hunter, to Texas of all New Mexico east of the Rio
Jones, Grande : Lost : Yeas 14; Nays 37.
King, Mr. Sebastian moved that the (New
Morton, pursuance of the provisions of this bill, shall
Davis of Miss. Pratt, be admitted in due time as a State, with or Dawson,
Rusk, without Slavery, as its people may deter- Dodge of Iowa, Sebastian,
Soule, mine : Rejected: Yeas 19 ; (all Southern but
Sturgeon, Dodge of Iowa ;) Nays 29-(including Bad
Underwood, ger of N. C., Cass and Dickinson-Clay
Yates25. absent-Douglas, who voted just before and
The bill was then reported complete, and just after, did not vote on this.) The bill was now engrossed': Yeas 27; passed to be engrossed.
Aug. 15th.—Said bill had its third readNays 24; and finally passed : Yeas 30;
ing, and was finally passed : Yeas 27 ; Aug. 10th.—The California bill was now
Nays 10. taken up. Mr. Yulee of Fla. moved a sub-sider, mature, and pass the Fugitive Slave
[The Senate proceeded to take up, constitute, remanding California to a territorial condition, and limiting her southern bound from the District of Columbia ; but the
bill, and the bill excluding the Slave-Trade ary: Rejected; Yeas 12 (all Southern); history of these is but remotely connected Nays 35. Nr. Foote moved a like project, cutting
with our theme.] We return to the House. off so much of California as lies south of 36 deg. 30 min., and erecting it into the Aug. 19th—The several bills which we territory of Colorado : Rejected ; Yeas 13 have been watching on their tedious and (ultra Southern); Nays 29.
dubious course through the Senate, having Aug. 12th.—Still another proposition to reached the House, Mr. William J. Brown limit California southwardly, by the line of of Ind. moved that they be taken off the 36 deg. 30 min., was made by Mr. Turney, Speaker's table, and made the special order and rejected : Yeas 20 (all Southorn); Nays for to-morrow : Defeated ; Yeas 87; Nays 30. After defeating Southern motions to 98.
Mr. Ashmun of Mass. made a similar Mr. Tombs of Ga. having moved, as an motion, which was likewise beaten : Yeas amendment to Mr. Boyd's, that the Consti94 ; Nays 94.
tution of the United States and such statutes Aug. 28th.-The California bill was taken thereof as may not be locally inapplicable, up, read twice, and committed.
and the common law as it existed on the The Texas bill coming up, Mr. Inge of 4th of July, 1776, should be the exclusive Ala. objected to it, and a vote was taken on laws of said territory, until altered by the its rejection : Yeas 34; Nays 168; so it proper authority, it was voted down : was not rejected.
Yeas 65 ; Nays 132. Mr. Boyd of Ky. moved to amend it so Mr. Boyd's amendment prevailed : Yeas as to create and define thereby the territo- 107; Nays 99. ries of New Mexico and Utah, to be slave- The question was now taken on the enholding or not as their people shall deter- grossment of the bill, and it was defeated : mine when they shall come to form State Yeas 99 ; Nays 107. governments. [In other words, to append Mr. Howard of Texas moved a reconthe bill organizing the territory of New- sideration. Mexico to the Texas bill.]
The Speaker decided it out of order, the Mr. Meade of Va. raised the question of bill having already been once reconsidered. order ; but the Speaker ruled the amend- Mr. Howard appealed, and the Iouse ment in order, and his ruling was sustained overruled the Speaker's decision : Yeas (to by the House : Yeas 122 ; Nays 84. sustain) 82; Nays 124.
Aug. 29th.—The Texas bill was taken The vote rejecting the bill was reconup. Mr. Clingman of N. C. moved to sidered : Yeas 122 ; Nays 84. ainend so as to limit California by the line Mr. Howard again moved the Previous of 36 deg. 30 min., and establish the Terri- Question, which was seconded, and the Main tory of Colorado.
Question ordered : Yeas 115; Nays 97; The Speaker ruled this amendment in or- and the bill was ordered to a third reading : der, and the House sustained him—122 to Yeas 108; Nays 98. It was then passed 67.
(as amended on motion of Mr. Boyd) : Yeas Mr. McClernand of Ill. moved the bill to 108; Nays 97. the Committee of the Whole, to which Mr. Sept. 7th.—The California bill now came Root of Ohio moved to add instructions, to up. Mr. Boyd moved his amendment alexclude Slavery from all the Territory ready moved to the Texas bill. Mr. Vinton acquired from Mexico, east of California of Ohio declared it out of order. The Speak(which had already taken care of itself). er again ruled it in order. Mr. Vinton ap
Sept. 2nd.— This bill was, by a two-third pealed, and the House overruled the Speaker : vote, made a special order henceforth. Yeas (to sustain) 87; Nays 115.
Sept. 3rd.—Mr. McClernand withdrew Mr. Jacob Thompson of Miss. moved to his motion, (and Mr. Root's fell with it). cut off from California all below 36° 30':
Sept. 4th.-Mr. R. M, McLane called the Rejected : Yeas 76 ; Nays 131. Previous Question, which was seconded, and The bill was now ordered to a third readthe main question ordered.— Yeas 133; Nays ing: Yeas 151 ; Nays 57, and then passed : 68.
Yeas 150; Nays 56 (all Southern). The bill was then committed ; Yeas 101 ; The Senate bill organizing the Territory Nays 99.
of Utah (without restriction as to Slavery) Mr. Walden of N. Y. moved a reconsider- was then taken up, and rushed through the ation.
same day: Yeas 97; Nays 85. [The Nays Mr. Root moved that this do lie on the were mainly Northern Free Soil men ; but table : Yeas 103; Nays 103. The Speaker some Southern men, for a different reason, voted Nay; so the motion was not laid on voted with them.] the table.
Sept. 9th.—The House having returned The motion to reconsider prevailed : Yeas the Texas Boundary bill, with an amend104; Nays 101. The House then refused ment (Linn Boyd's), including the bill orto commit : Yeas 101 ; Nays 103.
ganizing the l'erritory of New Mexico Mr. Clingman's amendment, creating the therein, the Senate proceeded to consider Territory of Colorado out of Southern Cali- and agree to the same: Yeas 31 ; Nays fornia and Utah, was now defeated : Yeas 10, namely: 69; Nays 130.
Messrs. Baldwin, Conn. Ewing, Ohio, Mr. Boyd's amendment was then beaten : Benton, Mo. Hamlin, Me. Yeas 98; Nays 106.
Chase, Ohio, Seward, N. Y.
Davis, Mass. Upham, Vt.
Winthrop, Mass. prevailed : Yeas 131 ; Nays 75.
Mr. Wentworth of Ill. moved to commit So all the bills originally included in Mr. the bill, with instructions to provide for the Clay's “Omnibus” were passed—two of exclusion of Slavery from all the territory them in the same bill—after the Senate had ceded by Mexico : Lost : Yeas 80; Nays 119. once voted to sever them.
These acts are substantially as follows: of thirty-two degrees of north latitude to the Rio
Bravo del Norte ; and thence with the channel of ADMISSION CF CALIFORNIA,
said river to the Gulf of Mexico. An Act for the admission of the State of California Second.-The State of Texas cedes to the into the Union.
United States all her claims to territories exte. Whereas, the people of California have pre- rior to the limits and boundaries, which she sented a Constitution and asked admission into agrees to establish by the first article of this the Union, which constitution was submitted to agreement. Congress by the President of the United States, Third.—The State of Texas relinquishes all by message, dated February 13th, 1850, which, claim upon the United States for liability for the on due examination, is found to be republican in debts of Texas, and for compensation or indemits form of government
nity for the surrender to the United States of her Be it enacted by ihe Senate and House of Rep.ships, forts, arsenals, custom-houses, customresentatives of the United States of America house revenue, arms and munitions of war, and in Congress assembled, That the State of Cali- public buildings, with their sites, which became fornia shall be one, and is hereby declared to be the property of the United States at the time of one, of the United States of America, and ad. the Annexation. mitted into the Union on an equal footing with
Fourth.- The United States, in consideration the original States, in all respects whatever. of said establishment of boundaries, cession of
SEC. 2. And be it further enacted, That until claims to territory, and relinquishment of claims, the Representatives in Congress shall be appor- will pay to the State of Texas the sum of ten tioned according to an actual enumeration of the millions of dollars, in a stock bearing five per inhabitants of the United States, the State of cent. interest, and redeemable at the end of fourCaliforuia shall be entitled to two representatives teen years, the interest payable half-yearly at the in Congress.
Treasury of the United States. Sec. 3. And be it further enacted, That the Fifth.-Immediately after the President of the said State of California is admitted into the United States shall have been furnished with an Union upon the express condition that the people authentic copy of the act of the general assembly of said State, through their legislature or other of Texas, accepting these propositions, he shall wise, shall never interfere with the primary dis- cause the stock to be issued in favor of the State posal of the public lands within its limits, and of Texas, as provided for in the fourth article of shall pass no law, and do no act, whereby the title this agreement. of the United States to, and right to dispose of,
Provided also, That no more than five millions the same, shall be impaired or questioned; and of said stock shall be issued until the creditors of they shall never lay any tax or assessment of any the State, holding bonds and other certificates description whatsoever on the public domain of stock of Texas, for which duties on imports of the United States ; and in no case shall were specially pledged, shall first file, at the non-resident proprietors, who are citizens of treasury of the United States, releases of all claims the United States, be taxed higher than resi. against the United States for or on account of dents; and that all the navigable waters within said bonds or certificates, in such form as shall the said State shall be common highways, and be prescribed by the Secretary of the Treasury, for ever free, as well to the inhabitants of and approved by the President of the United said State as to the citizens of the United States, States. without any tax, duty, or impost therefor: Provided, that nothing herein contained shall
ORGANIZATION OF NEW-MEXICO. be construed as recognizing or rejecting the
The second section of this act enacts, that all propositions tendered by the people of Cali: that portion of the territory of the United States, fornia as articles of compact in the ordinance bounded as follows, to wiť: beginning at a point adopted by the Convention which formed the constitution of that State.
on the Colorado river where the boundary line
of the republic of Mexico crosses the same; thence Approved, Sept. 9, 1850.
eastwardly with the said boundary line to the
Rio Grande; thence following the main channel THE TEXAS BOUNDARY.
of said river to the parallel of the thirtyAn Act proposing to the State of Texas the establish- second degree of north latitude; thence eastwardly
ment of her Northern and Western Boundaries, the with said degree to its intersection with the one relinquishment by the said State of all territory hundred and third degree of longitude west from claimed by her exterior to said boundarios, and of Greenwich; thence north with said degree of all her claims upon the United States, and to estab- longitude to the parallel of the thirty eighth de, lish a Territorial Government for New Mexico.
gree of north latitude ; thence west with said Be it enacted by the Senate and House of Rep. parallel to the summit of the Sierra Madre ; resentatives of the United States of America thence south with the crest of said mountains to in Congress assembled, that the following propo: the thirty-seventh parallel of north latitude ; sitions shall be, and the same hereby are, offered thence west with the said parallel to its intersecto the State of Texas ; which, when agreed to by tion with the boundary line of the State of Calithe said State, in an act passed by the General fornia ; thence with the said boundary line to the Assembly, shall be binding and obligatory upon place of beginning, be, and the same is hereby, the United States, and upon the said State of erected into a temporary government by the Texas : Provided, That said agreement by the name of the Territory of New Mexico; Provided, suid General Assembly shall be given on or be. That nothing in this act contained shall be con fore the first day of December, eighteen hundred strued to inhibit the Government of the United and fifty.
Státes from dividing said Territory into two or First.— The State of Texas will agree that her more territories, in such manner and at such boundary on the North shall commence at the times as Congress shall deem convenient and point at which the meridian of one hundred de- proper, or from attaching any portion thereof to grees west from Greenwich is intersected by the any other Territory or State ; Provided further, parallel of thirty-six degrees, and thirty minutes That when admitted as a State, the said Territory, north latitude, and shall run from said point due or any portion of the same, shall be received into west to the meridian of one hundred and three the Union, with or without Slavery, as their degrees west from Greenwich; hence her bound- Constitution may prescribe at the time of their ary shall run due south to the thirty-second de admission. gree of north latitude ; thence on the said parallel The eighteenth section enacts, that the pro
THE KANSAS-NEBRASKA STRUGGLE.
visions of this act be suspended until the bound
XIV. ary between the United States and the State of Texas shall be adjusted, and when such adjustment shall have been effected, the President of the United States shall issue his proclamation Out of the Louisiana Territory, since the declaring this act to be in full force and opera- admission first of Louisiana and then of Mistion, and shall proceed to appoint the officers souri as Slave States, there had been formed herein provided to be appointed for the said the Territories of Arkansas, Iowa, and MinTerritory. Approved Sept. 9, 1850.
nesota ; the first without, and the two others
with, Congressional inhibition of Slavery. ORGANIZATION OF UTAH.
Arkansas, in due course, became a Slave, An Act to establish a Territorial Government for and Iowa a Free, State ; Minnesota was and Be it enacted by the Senate and House of Re destiny of one tier of States, fronting upon,
is following surely in the track of Iowa. The presentatives of the United States of America in and westward of, the Mississippi, was thus Congress assembled, That all that part of the Territory of the United States included within settled. What should be the fate of the the following limits, to wit: bounded on the west next tier ? by the State of California, on the north by the Territory of Oregon, on the east by the summit
The region lying immediately westward of of the Rocky Mountains, and on the south by the Missouri, with much territory north, as well thirty-seventh parallel of north latitude, be, and as a more clearly defined district south of the same is hereby, created into a temporary it, was long since dedicated to the uses of government, by the name of the Territory of the Aborigines--not merely those who had Territory, or any portion of the same, shall be originally inhabited it, but the tribes from received into the Union, with or without Slave time to time removed from the States eastry, as their constitution may prescribe at the ward of the Mississippi. Very little, if any, time of their admission; Provided, That nothing of it was legally open to settlement by in this act contained shall be construed to pro- Whites; and, with the exception of the few dividing said Territory into two or more territo- and small military and trading posts thinly ries, in such manner and at such time as Con- scattered over its surface, it is probable that gress shall deem convenient and proper, or from scarcely two hundred white families were attaching any portion of said Territory to any located in the spacious wilderness bounded
[The act proceeds to provide for the appoint- by Missouri, Iowa, and Minnesota on the ment of a territorial governor, secretary, mar-east, the British possessions on the north. shal, judges, etc., etc., and for the election of a the crest of the Rocky Mountains on the council of thirteen, and a house of representatives west, and the settled portion of New-Mexico of twenty-six members ; also for a delegate in and the line of 36° 30' on the south, at the Congress. All recognized citizens to be voters.)
The governor shall receive an annual salary of time when Mr. Douglas first, at the session fifteen hundred dollars as governor, and one of 1852-3, submitted a bill organizing the thousand dollars as superintendent of Indian Territory of NEBRASKA, by which title the affairs. The chief justice and associate justices region above bounded had come to be vaguehundred dollars. The secretary shall receive an ly indicated. annual salary of eighteen hundred dollars. The This region was indisputably included said salaries shall be paid quarter-yearly, at the within the scope of the exclusion of Slavery Treasury of the United States. The members of from all Federal territory north of 36° 30', ceive each three dollars per day during their at. to which the South had assented by the tendance at the sessions thereof, and three dol. terms of the Missouri compact, in order lars each for every twenty miles' travel in going thereby to secure the admission of Missouri to and returning from said sessions, estimated as a Slave State. Nor was it once intiaccording to the nearest usually traveled route.
Sec. 6. And be it further enacted, That the le. mated, during the long, earnest, and searchgislative power of said Territory shall extend to ing debate in the Senate on the Compromise all rightful subjects of legislation, consistent measures of 1850, that the adoption of those with the Constitution of the United States and measures, whether together or separately, the provisions of this act; but no law shall be would involve or imply a repeal of the Mispassed interfering with the primary disposal of the soil; no tax shall be imposed upon the pro- souri Restriction. We have seen in our last perty of the United States ; nor shall the lands chapter how Mr. Clay's original suggestion or other property of non-residents be taxed of a compromise, which was substantially higher than the lands or other property of resi. that ultimately adopted, was received by the sembly and Governor shall be submitted to the Southern Senators who spoke on its introCongress of the United States, and, if disap- duction, with hardly a qualification, as a virproved, shall be null and of no effect.
tual surrender of all that the South had ever Sec. 17. And be it further enacted, That the claimed with respect to the new territories. hereby extended over, and declared to be in And, from the beginning to the close of the force in, said Territory of Utah, so far as the long and able discussion which followed, same, or any provision thereof, may be applica- neither friend nor foe of the Compromises, ble.
nor of any of them, hinted that one effect of Approved Sept. 9, 1850.
We have omitted several matter-of-course pro- their adoption would be the lifting of the visions.]
Missouri restriction from the territory now