THE CLAY COMPROMISE

By Henry Clay.

ALARMED at the fierce display of sectional feeling over slavery, Clay introduced, January 29, his famous series of resolutions known as the Compromise of 1850. His proposals were attacked both by the Southern advocates of slavery and by the more extreme antislavery element of the North.

After weeks of heated debate, including Calhoun's last speech and Webster's famous "seventh of March speech," the whole matter was referred to a committee of thirteen, from which committee Clay reported three bills on May 8. The first provided for the debt and boundary line of Texas, for granting statehood to California, with its antislavery Constitution, and for the Territorial organization of Net, Mexico and Utah, with slavery permitted. The second provided for a modified fugitive-slave law; the third for the abolition of slave-trading in the District of Columbia.

Clay's plan eventually became law, although divided into several statutes.

MR. PRESIDENT, I hold in my hand a series of resolutions which I desire to submit to the consideration of this body. Taken together, in combination, they propose an amicable arrangement of all questions in controversy between the free and the slave States, growing out of the subject of slavery. It is not my intention, Mr. President, at this time, to enter into a full and elaborate discussion of each of these resolutions, taken separately, or the whole of them combined together, as composing a system of measures; but I desire to present a few observations upon each resolution, with the purpose chiefly of exposing it fairly and fully before the Senate and before the country; and I may add, with the indulgence of the Senate, toward the conclusion, some general observations upon the state of the country, and the condition of the questions to which the resolutions relate. Whether they shall or shall not meet with the approbation and concurrence of the Senate, as I most ardently hope they may, as I most sincerely believe they ought, I trust that at least some portion of the long time which I have devoted with care and deliberation, to the preparation of these resolutions, and to the presentation of this great national scheme of compromise and harmony, will be employed by each Senator before he pronounces against the propositions embraced in these resolutions. The resolutions, sir, are all preceded by a short preamble, to which, of course, I attach no very great importance. The preamble and first resolution are as follows :

"It being desirable for the peace, concord, and harmony of the Union of these States to settle and adjust amicably all existing questions of controversy between them arising out of the institution of slavery, upon a fair, equitable and just basis. Therefore:

"1st. Resolved, That California, with suitable boundaries, ought, upon her application, to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries."

Mr. President, it must be acknowledged that there has been some irregularity in the movements which have terminated in the adoption of a constitution by California, and in the expression of her wish, not yet formally communicated to Congress it is true, but which may be anticipated in a few days, to be admitted into the Union as a state. There has been some irregularity in the manner in which they have framed that constitution. It was not preceded by any act of Congress authorizing the Convention and designating the boundaries of the proposed State, according to all the early practice of this Government, according to all the cases of the admission of new States into this Union, which occurred, I think, prior to that of Michigan. Michigan, if I am not mistaken, was the first State which, unbidden, unauthorized by any previous act of Congress, undertook to form for herself a constitution, and to knock at the door of Congress for admission into the Union. I recollect that at the time when Michigan thus presented herself, I was opposed, in consequence of that deviation from the early practice of the Government, to the admission. The majority determined otherwise; and it must be in candor admitted by all men that California had much more reason to do what she has done, unsanctioned and unauthorized by a previous act of Congress, than Michigan had to do what she did.

Sir, notwithstanding the irregularity of the admission of Michigan into the Union, it has been a happy event. She forms now one of the bright stars of this glorious Confederacy. She has sent here to mingle in our councils senators and representatives men eminently distinguished, with whom we may all associate with pride, with pleasure, and with satisfaction. And I trust that if California, irregular as her previous action may have been in the adoption of a constitution, but more justifiable than was the action of Michigan if she also shall be admitted, as is proposed by the first resolution, with suitable limits, that she too, will make her contribution of wisdom, of patriotism, and of good feeling to this body, in order to conduct the affairs of this great and boundless empire.

The resolution proposes her admission when she applies for it. There is no intention on my part to anticipate such an application, but I thought it right to present this resolution as a part of the general plan which I propose for the adjustment of these unhappy difficulties.

The second resolution, sir, is as follows:

2d. Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the Republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into or exclusion from any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said territory not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery."

This resolution, sir, proposes, in the first instance, a declaration of two truths, one of law and the other of fact. The truth of law which it declares is that there does not exist at this time slavery within any portion of the territory acquired by the United States from Mexico. When I say, sir, it is a truth, I speak my own solemn and deliberate conviction. I am aware that some gentlemen have held a different doctrine; but I persuade myself that they themselves, when they come to review the whole ground, will see sufficient reasons for a change, or at least a modification of their opinions ; but that, at all events, if they adhere to that doctrine, they will be found to compose a very small minority of the whole mass of the people of the United States.

The next truth which the resolution asserts is that slavery is not likely to be introduced into any portion of that territory. That is a matter of fact; and all the evidence upon which the fact rests is, perhaps, as accessible to other Senators as it is to me; but I must say that, from all I have heard or read, from the testimony of all the witnesses I have seen and conversed with, from all that has transpired and is transpiring, I do believe that not within one foot of the territory acquired by us from Mexico will slavery ever be planted, and I believe it could not be done even by the force and power of public authority.

Sir, facts are daily occurring to justify me in this opinion. Sir, what has occurred? And upon that subject, and indeed upon this whole subject, I invite Senators from the free States especially to consider what has occurred even since the last session even since the commencement of this session since they left their respective constituencies without an opportunity of consulting with them upon that great and momentous fact the fact that California herself, of which it was asserted and predicted that she never would establish slavery within her limits when she came to be admitted as a State ; that California herself, embracing, of all other portions of the country acquired by us from Mexico, that country into which it would have been most likely that slavery should have been introduced ; that California herself has met in convention, and by a unanimous vote, embracing in that body slaveholders from the State of Mississippi, as well as from other parts, who concurred in the resolution that California by a unanimous vote, has declared against the introduction of slavery within her limits. I think, then, that taking this leading fact in connection with all the evidence we have from other sources on the subject, I am warranted in the conclusion which constitutes the second truth which I have stated in this resolution, that slavery is "not likely to be introduced into any of the territory acquired by us from Mexico."

Sir, the latter part of the resolution asserts that it is the duty of Congress to establish appropriate territorial governments within all the country acquired from Mexico, exclusive of California, not embracing in the acts by which these governments shall be constituted either a prohibition or admission of slavery.

Sir, much as I am disposed to defer to high authority, anxious as I really am to find myself in a position that would enable me to co-operate heartily with the other departments of the government in conducting the affairs of this great people, I must say that I can not without a dereliction of duty consent to an abandonment of them without government, leaving them to all those scenes of disorder, confusion and anarchy which I apprehend, in respect of some of them, there is too much reason to anticipate will arise. It is the duty, the solemn I was going to add the most sacred duty of Congress to legislate for their government, if they can, and, at all events, to legislate for them, and to give them the benefit of law, and order and security.

The next resolutions are the third and fourth, which, having an immediate connection with each other, should be read and considered together. They are as follows :

3d. Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so continuing in the same direction to the line established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or West of that river."

4th. Resolved, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State, contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of $--, in consideration of the said dues so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition also, that the said State of Texas shall by some solemn and authentic act of her legislature, or of a convention, relinquish to the United States any claim which it has to any part of New Mexico."