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Toua las autras exemplairas originaux sont filmte an commandant par la pramiAre paga qui comporta une empreinte d'impression ou d'illustration at en terminant par la dernidre page qui comporta une telle empreinte. Un des symboles suivants apparaitra sur la dsrniAre image de cheque microfiche, selon le cas: le symbule -^ signifie "A SUIVRE ". le symbols V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent Atre film«s A des taux da reduction diff Grants. Lorsque le document est trop grand pour Atre reproduit en un seul clich*. ii est film* A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas. en prenant la nombre d'imagas nAcessaire. Les diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 /4, WI6 I eyyozt/uvest CoUectio/v tunity, sir, SPEECH OF MR. CULYER, OF NEW YORK, ON THE TEXAS AND OREGON aUESTIONS. Delivered in the House of Representatives , U. S., January 30//t, 1846. i The bill from the Senate " To eHablish Post Roulet in Teafo*," being under consideration — Mr. CULVER said- Mr. Chairman: I am one of those who believe that the annexation of Texas to this Union was unconstitutional, and, as such, is void from the beginning. I believe, further, that the Supreme Court of the United States, on a proper presentment of the case, will pronounce the joint resolutions, by which Texas was annexed, unconstitutional. And I hold that every act of ours, affirming the validity of those resolutions, will but involve us in deep- er difficulty, and render our relations with that country more embarrassing. I am aware that it may seem to be travelling from the record, on a bill merely to establish post routes, to discuss the question of annexation; but we are now in Committee of the Whole on the state of the Union , and the Chair has, again and again, decided that, whatever related to the welfare and honor of the Union, was here the legitimate subject of debate. Besides, Mr. Chairman, I remember, as do all who hear me, that, when the con- summation of this Texas scheme came up, on the second week of the ses- sion, one hundred new members, like myself, were denied the right of be- ing heard . This great measure , fraught with consequences the most im- portant and lasting, was lashed through this House with more than railroad velocity. The padlock was put upon our lips; by aid of the "previous question," we were all gagged down. Our constituents, too, were denied a hearing. They protested loud and earnestly agtiinst this infraction of the Constitution. Their remonstrances, so long as the least ground for hope remained, poured in thick and fast. Ye- , sir, 40,000 of these remonstrances now lie upon your table, denied a consideration, and refused the civility even of a reference! In adoption to all this, sir, my constituents, nay, the whole free North, are to be taxed to sustain these very mail routes over the trackless wilds of Texas. They are now contributing to support an array of 4,500 sickly men in that country, to fight her battles. A fleet is now sus- tained from the Treasury of the nation , to scour the coasts, and to awe Mexico to silence. Am I not warranted, then, sir, in seizing /Ais oppor- tunity, since every other has been denied me, to enter my soie..in protest against this nefarious scheme ? Had the remonstrances of my constituents been treated with legislative courtesy, or had even two day's discussion been allowed, I would not have been found here upon my feet to-day. Why, sir, six long weeks have been (onsumed upon the Oregon question , and yet one hour and forty minutes, and that mostly in calling the yeas and naysy were all that w^as allowed upon the admission of Texas. Wherefofe tb0 difference? Ah! sir, Texas had within it that dark feature, that dreaded iii- I J. ti a. 8. Gideon, frinterf . f ■ ' ■ ~( i..-B2r)9 2 spection, that noli me tangere property, that cried out '^hands off!" when approached. Oregon has no slavery with it. Texa8;0n the other hand, owes its existence and its very life-blood to slavery. But I hear it whispered, by gentlemen around me, that "Texas is in" — "She is admitted" — "We have married her, and cannot dissolve the con- tract." Sir, I repudiate the marriage. I disclaim the nuptial bonds. I have high authority for saying of Texas, "If, while her first husband be living, she be married to another, she shall be called an adulteress." We had no constitutional right to propose, nor she the right to accept our pro- posal. But, Mr. Chairman , first and foremost of ray objections to her admission is, that Texas has violated her own ante-nuptial engagement. To this I ask the attention of the House. By the joint resolutions of last winter. Congress gave its consent to annexation, upon the express condition , among others, that, in that part of Texas lying north of 36° 30^ north latitude, slavery, or involuntaty servitude , (except for crime ^ shoitld be prohibited. ^^ Now, sir, how stands the case? Has this political coquette adhered to this condition? No, sir. Most shamefully has she violated it. In her new constitution, now lying before me, and on which we have given her admit- tance into the Union, by the 8th article, slavery is not only recognised and sanctioned throughout the whole extent of Texas, but her legislature is con- stitutionally tied up from ever "passing laws for the emancipation of slaves without the consent of their owners." This recognition and prohibition are co-extensive with the boundaries of the entire State. No exception, either north or south of that Hne! Under this 8th article, 1,500 slaves might be removed to-morrow into Northern Texas, despite the joint resolu- tion of the last Congress. Is this the way, sir, in which northern gentle- mien, whose votes for the measure were secured by this pretended compro- mise, are to be rewarded? Is this the way in which slavery discharges its obligations, and fulfils conditions? Do gentlemen tell me there is no terri- tory of any amount or value north of that line? Then, sir, I pronounce the f^aud, the cheat, the duplicity, the more downright and glaring. We were told of compromise — of dividing Texas into free and slave territory. A few in the Norf h were sufficiently green and soft-faced to be caught by this cry. Without this pittance, small as it was, annexation could not have heen carried . If there were nothing in that of worth , we were deceived then; if there were something, we have been despoiled of it noiv. And should new States hereafter be carved out of the present State of Texas, and those new States, any of them extending north of that line, be asked to prohibit slavery there, they would point to the admission of Texas as a whole, with a slave-holding constitution, covering her entire surface, from north to south, from east to west. Both the mother State of Texas and the United States would be, by this reference, estopped from insisting on any territory being free north of that line. Am I too late, then, Mr. Chairman, in opposing the admission of Texas, when she herself has violated her own agreement? When she herself re- fused to come in upon the terms and on the conditions which Congress pre- ficribed for her? Now, sir, with this slave-holding feature in her constitution, it is easy to see why the motion made by my honorable friend from Massachusetts, (Mr. Rockwell,) to recommit the bill, with instructions to strike out that pro- vision allowing slavery, was so adroitly evaded. That motion, sir, would have brought the elastic consciences of northern men to a test. It would have compelled gentlemen to have recorded their votes directly upon the Issue of dcians 1 tom stG 'exas. iiore th flpeaker House, iiot cut ( iras stroi overturn knowing |t was tc ^ess how lince. But, the cond fcave bee Id annex ikoi expri tV for sa; JEPFERS e way, rovision ign nat\ ' Again, 4er that t 1783, th J iStates, I ^\n\\i int territory i •fticorpora il|peaking much str There thi ]^eople of finxious i Willing tc tircumsta ^e acqui Constitut lase of T an one- [pposed i e origii Union W( lerson mi tr, the d ouisiani lint reso ly our G fferson ign terrii f ty of th I oflf!" when other hand, jcas is in" — Ive the con- il bonds. I husband be ress." We ept our pro- ir admission To this I last winter, tion , among th latitude, wohibited.^* lered to this [n her new I her admit- ognised and iture is con- ion of slaves I prohibition [) exception, ,500 slaves joint resolu- iiern gentle- ed compro- scharges its I is no terri- pronounce iring. We ve territory, caught by d not have re deceived now. And a of Texas, be asked Texas as a rface, from Kas and the ing on any I of Texas, herself re- ngress pre- t is easy to isetts, (Mr. that pro- sir, would It would y upon the Issue of admitting Texas as a free or slave State. And subservient as poli- ticians had shown themselves, I apprehend that gentlemen shrunk back lirom standing upon i.-j record as voting in favor of perpetual slavery in ■^exas. Hence it was, that the "previous question" was clothed with Ihore than its wonted odium and oppression. And when the honorable Speaker, in conformity with parliamentary usag( lud the decisions of this Mouse, decided that the motion of the gentlenia from Massachusetts was iiot cut off by the previous question, an appeal wlo taken, and slavery, sir, was strong enough on this floor to reverse the decision of the Chair and overturn the precedents cf this Houae. I was not so much astonished at it, knowing, as I did, that extraordinary cases require extraordinary treatment. |t was to have been expected of slavery. And the House will bear me wit- Bess how much of confusion and trouble that decision has occasioned us iince. But, Mr. Chairman, I humbly insist, that had Texas complied wifh all the conditions imposed , her annexation and subsequent admission would still ftave been unconstitutional. I deny the power of these confederated States lb annex a foreign nation to this Union. It is conceded that the power is #ot expressly granted in the Constitution, and we have the highest authori- eople of this territory desired to be incorporated. The old States were all anxious for the Union. And France, the acknowledged proprietor, was Willing to transfer her right to the soil. And yet, with all these adventitious circumstances, Mr. Jefferson denied to us the constitutional right to make ijie acquisition. It is well known that he considered an amendment of the Constitution as necessary before this end could be attained. But, in the lase of Texas, all these circumstances, or nearly all, are wanting. More l||)an one-third of the original Slates were opposed to the annexation. They 0pposed it as States in their sovereign capacity. Mexico, too, interposed as liie original and rightful claimant, and a majority of the people of the Union were jpposett to it. How, then, can the pretended disciples of Jef- lerson maintain for a moment its constitutionality ? And mark still further, ft, the difference in the two cases: It was then being proposed to acquire ^ ouisiana by treaty — not by the then unknown and unheard of method of " int resolution. 5fo other than the treaty-making power was dreamed of y our Government; and yet, under all these favorable circumstances, Mr. fferson could not deem the Constitution sutficieutly elastic to admit for- gn territory. True , Louisiana was purchased f but only from the nec^s- ty of the case, for our commercial safety. But, he contended, that there should be on ex post facto amendment of the Constitution, which, by it^ , _ retroactive effect, might legahze the acquisition. o!!^?^ But again, sir, I maintain, that if foreign nations can be annexed to usj^'^^*^*"'^' _ it must be by treaty, and not by joint resolutions of Congress. No one wiFr^® ^^^} deny that these joint resolutions, and the acceptance of their conditions b*^' P**"'^ Texas, were in the nature of a contract; indeed, they constitute the onj* "V* . agreement or treaty in the case. By these we stipulate to annex Texas*,^^ *' '?, treaty? Is it Congress, or is it the treaty-making power? Sir, I will ad^*"". duce an authority here that South Carolina cannot gainsay. Mr. Calhoun|?^^'9"' ^^ in his great speech in the House, in 1816, on the commercial treaty witlT*^^^"^ ."* Great Britain, an extract from which I have before me , took the groun^^ "^®'' that '' Congress cannot make a contract with a foreign nation,''^ " that i*h^"ic < belonged only to the treaty-making power." I shall not stop to produce .^wsion, host of other authorities, that I might do, to establish this position. I tv^^^r^ ^ talking now to Southern men. 1 have given them Jefferson and CaL L^'"' " houn; if they will not believe them,"neitherwouId they believe, if one rose ^^."^ from the dead." A treaty would have required the assent of two-thirds of i\\}f^^^^ , Senate; this could never have been obtained; hence the recurrence to join* *'! j^"Pl resolutions. Again, sir, I respectfully submit, that annexation was unconstitutionalT*^ ,^. consideration. It is this: The confederated States of thi"^ ^"'*^^ ' „time forw from another Union form a sort of constitutional copartnership. They entered the firn' ^ as States. They are the old partners. And I deny that it is competent ajS^'""°" °' law or equity for a part of the members of the old firm to admit new partfi^^^j^'n tented por ners without the consent of all. The act of admission, and the acts q^^^^ as undis future entlemer avery w volution Innexatio those so admitted, will not be obligatory upon the firm. Texas has com(" , in — lean and hungry as she is — unbidden by many of the States, and un*^^ .*®" welcomed by a majority of the people. And I deny that my constituents .|1^ ^®, or the freemen of the North, are constitutionally bound to recognise her a, \ ^^^ a member of the confederacy; much less, sir, to pay up her debts, or en^ , ® *^®^ dorse her doubtful reputation. ^ r d'^d But again: What relation, I may ask, do the people of that annexed ter'" ^^' ritory sustain to us? They were citizens, de facto, of Texas, She claiuiec^ and we acknowledged her to be an independent power. Her people, then could not at the same time be citizens of Texas and of the United States. They could not thus owe allegiance to two sovereigns. Thej_ could not serve two masters. Are they, then, by virtue of annex ation, made citizens of the United States? Suppose that 20,000 ol her population were of Spanish or Mexican origin, and suppose that of thi^ . ^x. number certain ones be appointed district judges, or elected to seats yporx' ^^ this floor — the constitution requires such to be citizens of the Unitei^® "^^ States, and to have been such citizens for at least seven years. When ancX^'^. ^^ how did they become such? Surely, it was at the time, and by virtue o^ ", . ^ their annexation, if ever. If that be so, sir, then this annexation is in th(? ?^ . ' very teeth of the Constitution. That instrument, long ago, declared tha^P' ", Congress should " pass uniform laws on the subject of naturalization.'^ ^ y* ^ Congress cannot m^e one law for naturalizing the French , another for thu' , . ^^ Swiss, another for the German, and another for the Texian. They mussM '^^^ all bow to the same " uniform" law. Well , how stands the case ^-^^^n Uq^?"^ i ^ Why, sir, by our laws, the Irish or German immigrant must wait five year^ , ^^ ' before he becomes naturalized. But here you have naturaU^ed the whoh^- ^ . ' 1 ' ^ Texas brood at one sweep; by virtue of that act, they claim now to act as incxed to ug^^'^^*'^®''^ ^^^ "*' ** citizens with us. I deny, Mr. Chairman, that they No one wi^^® ^®'"® '" ^^ ^^® "?^^ ^^^^' '^^®y '*'*^® climbed up some other way, conditions h^^^ politically, are ''thieves and robbers." ute the oni i ^"^ ' ^"""^'^ ^^®^' longer upon this part of the subject. I am aware nnex Texas^^^ '' '^ '"^® '" ^^'^ ^^^ *° discuss constitutional questions. The ligaments Cull theii'^ ^^® Constitution are cut asunder. The dog-star delirium of slavery has ations or i/l^rown the nation far from its balance. contract' o ^ "®®*^ "^' ^^^ ^" y°"' ^'^' C^hairman, nor to th - House, how sorely the iir I will ad^®"*^^ ^®^^ "P*^" ^^'® question. We speak it mere in sorrow than in recrim- r b vLHOUis'***^'^"' ^'^^^^ ^^® ^^y* ^^^'^'^ ^'^^ Constitution lies trodden in the dust. The ^[ j,.g^j ^j^jjglaveholder's heel is planted upon it. And what adds to the darkness of k the ffrouni*^® ^®®^ ' ^^ ^^^^ ^^^ ^"^ unwarrantable motive which dictated this whole n " "that i^hieme of annexation. That motive, sir, was the strengthening, the ex- to produce .tension, and the perpetuity of slavery. And on this, sir, I have a few lition. I aii*^^'^^^ ^^ <'^^'^' m and Cal [Mr. Bayly, of Virginia, here objected, and raised the question , that e if one ros^ ^^^^ "°*^ '" order to debate this subject. But the Chair overruled the ob- )-thirdsof thJ**^**®*^' ^"^ decided that Mr. C. was in order, and he proceeded.] rence to ioin ^ ^^ support of this position, my time will allow me to call the attention of tfie House only to a few admitted facts. No murmuring of complaint, or onstitutional^*^^^^^ ®^ revolt, were heard in the province of Texas, till after Mexico, by States of thi*"® ^'^'^'^ "^ Iturbide, in 1829, proclaimed slavery abolished. From that ered the firn'"*^® forward, a low but gradually increased muttering was heard from that competent aK'^*'®" °^ ^'^® population who had gone from the Southern States into v,;# w,i,.r ».«J!T exas, carrying their slaves with them. This dissatisfaction gradually ripen- nii new pariT, . ' , •',,. ° , . ,rio.-> n i '^ . i ■'i. * the acte 0*°*"^**''®''®^"^"' and m 1833 a convention was called, and the discon- as has ccmi*^"^^^ portion set up for themselves. Impartial history will yet prove that ites and un'^^volution to have been as destitute of any adequate provocation, as the an- constituents^^^^ of revolution ever furnished. )o'nise her a ^^^^^ Texian revolutionists, of course, had the open sympathy, as well debts or en*® ^^® covert support of the almost entire slaveholding South . It was evinced ' ill the speeches and correspondence of Southern men, and in the almost annexed ter'l'""^*^'^'^*^ expression of the Southern press. From 1830 to 1835, the press She claimecj ^^ undisguised in claiming, that slavery must be reinstated in Texas, for jg then ^"^"''^ stability i« the Southern part of this Union. I have but to refer the Unitet^®"^^^"^^" ^^ '^^ *^"® ®^ ^''^ P*^*^^^ ^^ ^^^^ ^^^^ ^® establish the fact, that ■ fji|jSavery was at the bottom of this whole movement So much, sir, for the of' annexT^"'"^**^" ^"'^ independence of Texas — as to the motiie that dictated its 20 000 oi"n'6xation , I have proof which Southern gentlemen cannot resist. Mr. that of thi'^^^'^^^^'y Upshur, in his official despatch to our Charge d'Affaires in Tex- seats unori^' ^^ 1^43, declared, that " Slavery would be abolished in Texas within the Unitei- ® "^^' ^®" years, and probably within half that time, unless that Govern- When an^®"^' 'wexe annexed to the United States." A distinguished Senator from bv virtue n^^"^^ Carolina, (Mr. McDuffy,) not two years since, in the north wing ^I. Jo :„ *uk^ this Capitol, when alluding to the dangers of the increase of the slave leclared thwP" "^^ ^ ' "Now, if we shall annex Texas, it will operate as a iralization '*^6'y"Valve, to let off this superabundant slave population among us." Mr. other for the!^''^^"^^'^' who, with»all his political eccentricities, has the merit of speak- Thev muJ^F '^'^ sentiments boldly, has placed the true reason for annexation record, case tl en^^^^"™ '^^'^'■^^^'"y ^^ State, in a diplomatic communication of the 27th April, lit five veara^'^^'*^®^'^"^"'^ the policy, knd urging the necessity for annexatiat»,he8ay8: d the wholr.^' ^^ made necessary in order to preserve domestic institutions, placed £ider the guarantee of their respective constitutions, and deemed essential to iheir safety and prosperity." " Domestic institutions" are only another and a politer name for sluvery. Here, sir, stands the recorded reason for annexation— the upholding and preservation of a foul system of humar bondftjj'e! And this historical reason , uttered by the official organ of this great and free republic, will stand upon record, and be })ointed to witli shame and remorse, when all the aiders and abettors in this scheme shall have passed away. But why do I multiply authorities, or dwell upon points conceded by every honest man ? Sir, there is not a Southern Representative who hears me, that will rise in his place and deny that slavery was the great, prompt- ing, and decisive cause for annexing Texas. No, sir, the act and the mo- tive stand out in bold relief before the world. To rivet the chains of the enslaved African more firmly — (o render his bondage safe and perpetual, a foreign slave territory, four times the size of New England, seven times as large as Kentucky, is seized, and, in defiance of law and Constitution,^! tached to this Union! And for what? Yes, sir, I ask Southern gentlemen for what pin pose did you annex it? Avow it honestly. Wjts it not that you might overbalance the free laborers of the North? That you might hold the reigns of legislation in your hands? That you might have the prepon derance of power to wield it over us, as you wield it over your slaves? Dc you wonder, then, that Northern freemen, or their representatives here, are keenly alive to this insult? How would you feel under a like injury? Mr. Chairman , let me put a case to my honorable friends from Virginia and South Carolina. Suppose that, in 1836, Mr. Webster, of New England, Gov. Seward of New York, and my venerable friend from Massachusetts, (John Q,uinc\ Adams,) had entered into a secret correspondence with the authorities oi Canada, proposing to annex all British North America to the United States. And suppose that, in the correspondence, it had been distinctly avowed that the object was to give stability and perpetuity to the protective tariff- to render safe the free institutions of the North — to protect them from as saults of the South — to render more safe and secure the runaway slaves set tied in Upper Canada — in short, to give, by the aid of Canadian votes, a Northern preponderance in the Senate of the United States — what think you, Mr. Chairman, would have been the tone, the feeling, the sentiment of the South? Think you that their great chieftain would have preached his " masterly inactivity'''' doctrine ? But suppose, further, that the South began to rustle and be alarmed — began to remonstrate, long and loud — beg- ged time for discussion and reflection — and suppose a drilled , iron-heeled majority refused to hear their protests, or listen to their remonstrances — told the m to be quiet — that they knew not what they were remonstrating against — that it was a Northern question — related to the welfare of Northern in- terests — that it belonged to Northern men to settle it — and, at last, despite the protests of Southern liCgislatures, and, unmoved by a million of South- ern remonstrances, the deed is consummated, Canada is annexed! And to add insult to injury, it is done by thrusting the gag down Southern throats; and soon after this, the South are called upon to help support armies and navies in Lower Canada , and taxed to pay for post routes for the benefit of fugitive slaves in Upper Canada! Sir, the parallel is a painful one— 1 do not wonder that cheeks crimson at the comparison. 1 ask Southern gentle- men, how would you have met such treatment at the hands of the North 'i Would you not have winced umJcr it ? Would not your hot blood have risen far above its wonted temperature? Nay, more, I ask you, would not every man of you have rushed wildly from this Hall, and proclaimed the 1 only anolher d reason foi in of human organ of this nted to will) scheme shall conceded by ve who hears real, prompt- and the mo lains of the perpetual, ti ven times as i8titution,1bt 1 gentlemen s it not that u might hold ; the prepon slaves? Dc ves here, arc injury? Mr. l^irginia and V. Seward HN Q,UINC\ authorities ol nited States, clly avowed, ctive tariff- em from as ly slaves set- lian votes, a -what think le sentiment .ve preached It the South 1 loud — beg- iron-heeled ranees — told iting against Northern in- last, despite n of South- d! And to ern throats; armies and e benefit of one— 1 do iern gentle- the North 'i Aood have would not ilaimed the^ Union at an end ? Would you not have gone home and told your consti- tuents to get ready their <' regiments of mounted riflemen," and resist the aggression unto death? Yes, you would have done so; and posterity would have awarded you deserved praise for your sterness of integrity and boldness of resistance. Then let me ask you, in the name of liberty, and all that is dear to freemen, how, think you, we stand under your treatment? Are we not made of flesh and blood as well as you? Do you draw so largely upon Northern coolness and " Christian forbearance?" Beware, lest yoa are over confident of the restraining force of these *' Christian virtues. '*- True, sir, the North is a very cool calculating people. Feeling that justice and equity are on our side, we prefer peaceful remedies. Our forbearance is proverbial. We can submit to be trampled upon, and rise again. We can be fleeced of our rights with heroic fortitude. Nay, more, we can bo genteely «A*«»ncrf; but let me assure Southern gentlemen , that when you attempt to sprinkle in fine salt and pepper, we beg leave respectfully ta flounce. I might allude now, sir, to a coming event, the shade of which has already passed before us, the destruction of the tariff of 184*2, which, it is well understood here, is delayed only to wait the arrival of the dele- gates from Texas. It is the subject of remark, in the confidential circles of the dominant party, that these Texian votes are relied on, in one wing of this Capitol, to complete that work. Yes, sir, the cool forbeaiing North is asked to look philosophically on , and see these Texas votes aiding in de- molishing that PROTECTIVE POLICY which has covered our land with pros- perity — which has caused our valleys to resound with the hum of industry, and dotted our streams with factories and forges. Yes, sir, the AUe of that system is sealed, and these new-made votes from Texas are to be its exe- cutioners. But, Mr. Chairman, I will be just to the South; candor and truth de- mand that Southern men should not be charged , as the only participants in this transaction. No, sir, the North, (and I say it with deep humiliation of my local pride,) the North has been the slaveholdci-s' criminal ally. W^e found in our midst, in 1844, some political Esaus, who, for a mess of pottage, were willing to sell the birthright of freedom; and I am sorry to add, that my own State was a guilty participant in the deed. True, a majority of her people spoke against it; but their speaking was ill-directed and inefli- cient, and their voice was lost in the confusion of the battle. New York may now carry with submissiveness the burden which she has imposed up- on herself. It is meet she should bow her neck and kiss the rod by which she is smitten. Let her draw from her purse and pay her sliare of $300,000 annually to transport the mail in Texas. Let her contribute her share of two millio IS, for an army and navy to defend her; a million more, to erect for- tifications around her frontiers; nay, more, let New York get ready to help assume and pay up the entire debt of Texas. And wherefore all this sa- crifice for that Texian band of patriots ? O, sir, it is for the very laudable ^nC of propping up the tottering fabric of slavery. Patriotic motive — com- mendable object, truly ! Yes, Mr. Chairman, I would hint to my Demo- cratic colleagues from New York to be prepared with a fair story ; and, when our common constituency inquire of us, ''wherefore all this bleeding and taxing for Texas?" What equivalent does she give us in return? Point them to the ruined tariff, the reinsiaied Subtreasury, the squandered avails of the public lands, and to a disgraceful war upon our shoulders; and no doubt, sir, oilv people will be satisfied with the equivalent ! But, sir, I opposed the annexation and admission of Texas, for another reason. She was engaged, de facto, in a war with Mexico; and, whether 4 8 right or wrong in that controversy, by taking her, we assumed the war as our own. Wise counsels would have admonished to a diflerent course. There was a time when these counsels prevailed on this very question. In 1836, when Texas made overtures to our Government, Gen. Jackson de- clined them, urging as a reason her war with Mexico, and our trentv of am- ity with the same power. In 1837, the overture was repeated to Mr. Van BuREN, and by his prime minister, Mr. Forsyth, was again declined, urging that, "while Texas was at war, and the United States at peace, with her adversary , her annexation involved the question of war with that adver- sary." Indeed, so clear were the convictions of Mr. Forsyth, that he in- formed Gen. Hunt, the Texian minister, that "the overture could not oven be received for future consideration , as that might imply a disposition on our part to espouse the quarrel of Texas with Mexico — a disposition wholly at variance with the spirit of the treaty." Such, sir, were the positions taken by Mr. Van Buren, not only in 1837, but in his celebrated Texas letter, of the 2()lh of April, 1844, he reaffirms those positions with great force and eloquence, insistmg that this question was not changed; that a war yet ex- isted between Texas and Mexico. And, sir, Mr. Van Buren, both in 1837 and 1844, had the able support of the Government organ in this city. In the "Globe," of the 29th of April, 1844, now before mc, the editor fully endorses Mi. Van Buren 's letter — pronounces it" a production more credit- able to his talents and his patriotioi.i than had ever been seen" — declares his "demonstrative argument against annexation satisfactory and conclusive." The same paper again, on the Ist of May, 1844, expresses itself thu": "We fully and cordially concur with Mr. Van Buren in this view," (that taken in his letter,) "and say, it is tlie only wise, honorable, and practicable course. Texas and Mexid ire now at war, and the armistice, admits it." Still further, sir, on the 4th of May, 1844, the Globe reiterates its posi- tion, and charges with great boldness that the story of "British interference" was a mere "pretext of recent invention." The same party organ, so late as the 15th of May, 1844, speaking of annexation, and the consequent war, insisted that, " If the General Government should take this step, in violation of the treaty with IMexico, the character of our country would not be left to our posterity as the honorable inheritance handed down to us by Washington, Jefferson, and Jackson." These were noble sentiments, and fearlessly uttered. True, the Globe was not blessed then with prophetic vision, and was illy preparing its read- ers for the great political somerset which the party made, two weeks after^ at the Baltimore convention. Sir, Texas was a new article, interpolated in the Democratic creed at Baltimore. Up to that time it had not been made a lest of a man's Demo- cracy. I appeal to my Democratic colleagues, who always dance submis- sively to the tune of modern Democracy, to say if, when Mr. Van Buren's letter of the 20lh of April came qui., followed by the patriotic endorsement of the Globe, they were not responded to by the great mass of the party. A loud political "Amen" was uttered through the ranksj "Mr. Van Buren is right;" "That is the true ground." And yet — can you believe it, Mr. Chairman? — one month and ten days from that time the orders were coun- termanded. Slavery cried out, "Presto," "Change," "Right about facej" and, with all the subserviency of Swiss troops, the jDM«y/acec? regiments of the North wheeled and countermarched. The Globe was hustled out; the Argus ate its own words; and Van Buren, the great chief of the party, had his head brought to the block. True, he remonstratr o , he entreated, he pointed to his pledged vote — to his Northern bead wit!, southern heart — to hisl this Va< her thai dark led the war os fferent course, question . In • Jackbon de- r treaty of ani- d to Mr. Van ^ain declined, at peace, with ith that adver- H, that hein- ould not even osition on our ion wholly at ositions taken Jxas letter, of 'at force and I war yet ex- both in 1837 lis city. In B editor fully more credit- -declares his conclusive." itself thuc: in in his letter,) klexici ore now ites its posi- ferference" ^an, 80 late quent war, with Mexico, }le inheritance the Globe g" its read- eeks after, c creed at ii's Demo- te submis- n Buren's Jorsernent the party, an Buren ve it, Mr. ere coun- ut facej'* iments of out; the trty, had Bated, he leart — to 1 9 his long course of tried servility; but all in vain. He staggered at Texas; this was his death-warrant; one blow, and his head is cleA asunder. Poor Van Buren ! he has at last met his deserts. But I wonder, in my very heart , how my Democratic colleagues can sleep at night. I should suppose that the spirit of their murdered chief would haunt their bedsides. How dare they rest, "while Scipio's ghost walks unavenged amongthem?" But, Mr. Chairman, ''honor to whom honor is due." 1 will do no in- justice tomy colleagues. They surely shall have credit where it is deserved. I said, just now, that Texas was a new test of Democracy. It is a ttew idol-i/noffc , BBi up for party adoration ; and, as in the case of Nebuchad- nezzar's image, three were found who refused to bow down and worship, so it gives me the sincerest pleasure to know that three of my colleagues (Messrs. King, Wood, and Wheaton,) refused to bow the knee to Texas. Their voles were put upon record; and there are some indications that the party furnace is being heated into which to cast them. But sure am I that, if their integrity is adhered to, they will, like the three of old, come out wiiliout the smell of fire about them. Sir, I trust that my colleagues will not deem my allusion unkind, for I assure them I make it in great sin- cerity , feeling as I do for them u ' brotherly aft'ectipn" for this act. In- deed , I felt that I could forgive thei.i i score of political sins, when I wit- nessed their independence on the I'-ia! vole for the admission of Texas. I know it is said that "the people have {t'lssed upon the issue;" but I deny it. That issue was not presented fairly an ^ nakedly to the electors in 1844. It was artfully evaded in the North. Political men there darea not hazard their interests on that issue. Indued, recent demonstrations even in New Hampshire — the Switzerland of modem Democracy — furnish evidence that even the Granite State repudiates the embraces of Texas. One of her own sons spurned the collar of party, and on this floor registered his protest, and, despite the anathemas of slaveholders, stood firmly for freedom and his country; and thrice has his State recorded her approval of his positions, not only in three consecutive elections, but through that pile of remonstrances presented by the venerable gentleman from Massachusetts, (Mr. Adams,) which lie unopened upon your table. Well, sir, if such is the result in New Hampshire, what might we not have expected from any of the other free States, had the naked issue been presented? But Texas is annexed — nay, she is admitted as a State, with her war, her debt, and her slavery; and what result legitimately follows? I might ask, with more propriety, what result would have followed had Mexico, the plundered party, been able to avenge her insults? There is not a gen tleman on this floor who would have dared to push this annexation scheme to completion, had Great Britain been the party claiming the province of Texas. Yes, sir, had Great Britain been that claimant, and we had done by her as we have done by Mexico, our cities would ere this have been re- duced to ashes, our ports blockaded, and our streets drenched in blood. Are we so base and cowardly, then, that what we would not dare to do to the "mistress of the seas," we are not ashamed to practise on poor fac- tion-torn and priest-ridden Mexico? Is this the way, sir, that we fulfil a "treaty of amity" with a feeble sister republic? Shame on the nation that thus, in the eyes of the civilized world, adds ignominy to perfidy. [Mr. Culver was here called to order by Mr. Jones, of Georgia, for irrele- vancy ; but the Chair again decided that Mr. C. was in order, and he there- fore proceeded .] I am aware, Mr. Chairman, that truth is not always welcome. I perceive by gentlemen's countenances that they dislike allu- sions to the past. Reminiscences are not pleasant. I did not rise, sir, with. 10 the vain hope of stopping the mails in Texas, or of detaching her from the Union. My object was rather the uttering of a few wholesome' truths to my friends over the way, and stirring up their minds, by way of remem- brance. The President of the United States, in his annual message, has taken one view of this subject so novel in law, and extraordinary in diplomacy, that I must ask the attention of the House to it. Anxious to seize on some pidtext to justify our conduct towards Mexico, Mr. Polk, on page 3, speak- ing of the offer of Mexico to recognise the independence of Texas, on con- dition that she would not annex herself to us, says: ''The agreement to ac- knowledge the independence of Texas, whether tr«7A or without this condition ^ ia conclusive aa-ainst Mearico.'* Ah ! is that so, Mr .'Chairman? Truly, this is a new feature in the law of compromise ! I had heard that there was "a third rate county court lawyer" in Tennessee in 1844, but I did not suppose that one could be found so rusty in the elements of jurispru- dence as to contend for such a position. I had supposed that an offer, by way of compromise, so far from being " conclusive, ^^ was not even evi- dence against the party making it. I had supposed that a man might buy his peace. I had sup|K)sed that the laws regulating diplomacy would have allowed Mexico to have purchased her peace, without being concluded by her offer, especially when it was not accepted. I will submit to the mem- bers of the legal profession on this floor, whether or not I am right. But if Mr. Polk's position is sound, that an offer to compromise is "conclu- sive" against the party, he surely should be willing to abide by his own law. I will give his Western friends a case, then. On the 5th page of this same message I learn, that this same Mr. Polk, in July last, offered to the British Government the 49th parallel of latitude as a>basis of compro- mise of the Oregon difficulty, tendering to Great Britain all north of that line ; and that, too, sir, (I hope Western Democrats will mark it,) after his swelling inaugural had claimed that "our title to the whole of it Was clear and indisputable !" And after, too, that the Baltimore convention, and the rowdies of Tammany Hall, had settled our title to the whole. Yet we find Mr. Polk, after all this, offering to the British fifteen thousand square miles of our "clear and indisputable" territory, for the sake of a compromise! The offer was not accepted . Mr. Polk then withdrew it, and again asserted our title to the whole territory. Now, should the British minister finally accede to that line, Mr. Polk is estopped from claiming be- yond it. His offer is "conclusive" against the United States; and Mr.. Pakenham would need only to cite him the case of the United States vs^ Mexico, 1 Polk's reports, page 3, where it is decided that "an offer to com- promise, w^hether accepted or not, is conclusive upon the party making it." If such law is good in Texas, it should be good in Oregon. But, sir, I leave the President and his friends to reconcile such law and logic with the writings of Coke and Littleton. But my hostility to the incorporation of Texas into this Union rests upon a deeper foundation . I protest against it, because its design and tendency are to strengthen the bonds of slavery. That power is already too formi- dable in this country. The rights of the free laborers are jeoparded by its existence. For ten years it has been making its stealthy, but deterrtiined encroachments upon the North. It has not been content to remain where the Constitution left it. It has demanded the affirmative support of ihe General Grovernment. The army, the navy, the treasury of the nation, have been unwarrantably drawn upon for its defence; and last, but not least, a foreign territory must be added to give it preponderance. Pi o( S oil se at ler from the le' truths to ' of remem- has taken diplomacy, ze on some ?e 3, speak- ras, on con- ment to ac- 8 condition , 1? Truly, 1 that there t, but I did )f jurispru- 1 offer, by >t even evi- might buy '^ould have icluded by the mem- ight. But (( conclu- y his owa >ageofthis St, offered t)f compro- rtJi of that ,) after his Vvas clear ntion, and ole. Yet thousand sake of a hdrew it, the British iming be- and Mr. States vs^ sr to com- ikingit.'* It, sir, I ■ with the ests upon tendency oo formi- led by its termiued in where rt of ihe 3 nation, , but not And what returns, let me ask, has slavery been making for the favors shown her? Her acts are recorded; they cannot be mistaken. Look, sir, at the right of petition in this House. Where is it? What power has stricken it down ? Freemen hold this right as invaluable — as one given by God and guaranteed by the Constitution of the country. Slavery has decreed that it may be exercised on some subjects, but denied on others; and I stand here to-day to protest against the insult offered to my constituents. I had the honor, on the first week of the session, to pre- sent a memorial, signed by some 2,000 of them, respectful in language, and asking the attention of Congress to a legitimate subject, over which Congress has exclusive jurisdiction. The signers were not confined to the ^Hhird party," so called, but of all parties — by some of the most respecta- ble and intelligent in my district. How was it treated? Denied a refer- ence or consideration — consigned, unopened, to your (able, there to take its long repose. On whose motion ? On that of a Southern gentleman, [Mr. Bayly, of Virginia.] And, to show the even-handed justice and impar- tiality of the House, I had hardly taken my seat before a gentleman from South Carolina, on my left, (Mr. Sims,) rose and presented the proceedings of an anti-tariff meeting in his State, denouncing, in strong language, the protective policy of the country, claiming (I use the words of the petition- ers) that they "desired to take off the fetters from home industry." Sir,, when that was presented, how was it disposed of? Did you see some eight or ten Northern gentlemen, having charge of the table department, jump- ing upon their feet, and moving to lay it on the table? Far from it, sir. It was respectfully received, referred to a standing committee of this House, has'since been considered attentively, and, in due time, will be reported on. Wherefore this odious and arbitrary discrimination? Are the gentleman's constituents better than mine? Are they, because of their loud thunder and ominous threats, to be commended to favor here over the unobtrusive Quakers from my district? All the difference that I could perceive in the two cases was, that the gentleman's memorial asked Congress to take the .fetters off home /«6or, and mine to take them off home laborers. The one wtis an abstraction worthy of South Carolina optics; the other a prac- tical matter, worthy of the common sense of Yankees. Gentlemen complain that the anti-slavery sentiment of the North is en- dangering their cherished institutions. Who, sir, is responsible for that anti-slavery feeling ? Slaveholders may thank themselves for its rapid in- crease these few past years. The alarming strides of slavery in the coun- try — the deeds it has causer' \ be perpetrated on this floor and elsewhere — have not been among the remote causes of increased hostility to its existence. I could allude to scenes fresh in the recollection of gentlemen . How long, Mr. Chairman , since an honorable member of this House, (Mr. Giddings, of Ohio,) for the exercise of a constitutional right, and the discharge of what he deemed an honest duty, was arraigned, condemned at your bar ^ and virtually expelled from this hall? But did you conquer him, or crush the cause? No. He returned to his high-minded constituents, and told them of the ignominy heRped upon them and him. They honored his sternness, commended his mtegrity, and, with a round majority, gave him a new commission, and sent him back to battle still longer on the ramparts of freedom. Sir, that event gave a new impulse to the anti-alavery feeling of the North. It formed a new era in its history. It caused that feeling to widen and deepen in the hearts of Northern freemen. It is because, slavery thus attempts to awe and strike down the representatives of free- dom, that we oppose its extension and increase. The case of my worthy frifiiid from Ohio ia riot the iMily ofltJ which the free men aha fr6e wotnea of the North have registered in their book of remembrance. No, sir. Thejr have not forgotten the perilous hour wh6n their tried champion , the vene- rable gentleman from Massachusetts, (John CIuincy Adams,) met that mme enemy on this floor. O ! sir, I would that Southern gentlemen could have known how the Northern pulse quickened on that occasion , and with what burning anxiety we waited the arrival of every mail . And at the moment when we looked to see him swept down by the billows of South- ern wrath, we saw him triumph in the conflict. He bore himself hke an ancient rock in the midst of the ocean, against which wave after wave clashed and broke, leaving him majestic in his victory. Never, sir, never did such rich and mellow lustre surround the sitting sun of that venerable man. Never were Northern hearts so overflowing with afl!*eclion and grati- tude. And when, a few months after that scene, the venerable statesman set out on a quiet and unostentatious tour through the Northern States, he was everywhere greeted with one continued round of heartfelt gratitude. I remember it well. He visited in the vicinity of my own residence. Party prejudices were forgotten, old animosities lost sight of, and one spontaneous burst of affection everywhere marked his journey. Ah, sir, we loved and honored the man who dared to stand in the breach , and battle for our rights, in the hour of peril. That was another chapter, Mr. Chairman, in the history of anti-slavery feeling. [Mr. Culver was here again called to order by Mr. Price, of Missouri, for discussing foreign topics; and Mr. McConnell, of Alabama, repeatedly, during Mr. C.'s remarks, interrupted, by calls to order; but the Chair ruled that the remarks were not out of order, and that Mr. C. was entitled to proceed .] Mr. Chairman, as gentlemen appear uneasy, and my hour is wearing away, I will hasten. ' I was alluding to the attempts of slaverj' to override the ConslituJ ion, here and elsewhere, urging as a reason why 1 oppose its extension in Texas. If the supporters of slavery had abided the terms of the compact, and been scrupulous to respect the rights of the Noith, stipulated in that compact, it would have disarmed its enemies of some of their keenest weapons. But, on this matter, there is a strange monomania in the South. The Constitu- tion is regarded as a compact expressly for Southern interests and Southern advantages. They seem unwilling to allow that the North has some rights and immunities, secured by that instrument. Now, sir, it is timf that gen- tlemen knew there are two sides to the Constitution. Ihold this, in relation to it; When we entered into the great constitutional co-partnership with our Southern neighbors, and became tenants in common of all the territory then reaching from Maine to Georgia, an«' from the Gran- ite Hills to the Rocky Mountains, the same articles of co-partnership, which tticitly (for, thank God, it is not expressly) permitted slavery to exist in the South, took special care to give to the North something to keep it in check. The men who framed the Constitution loved freedom, and hated slavery. TTiey had just come from the fields of the Revolution. They had drunk deefj at the gushing spring of liberty; and hence it was that they would not «oil the pages of that instrument by the word ''slave" or "slavery;" and yet, for the sake of the compromise, they permitted slavery to exist, well knowing that its days would be numbered and its duration limited. And when the North hesitated to enter the compact with slavery, the framers of the Constitution virtually replied to them — True, we negatively tolerate slavery, but we secure to yoli in it certain checks and antidotes; these, by iti t( wi sij fiJ ai cil ar sii ail sil ni in| If .13 m iheir legitimate action, will, jn due time, eat out and destroy slavery. True, it is a grievous evil to be tolerated in the compact, but with it we guarantee to yow freedom of speech^ liberty of the press, and the right op petition j: with the judicious exercise of all these, slavery cannot long exist. Discus- sion, experience, and intelligence, will drive it from the land. The Nortl| finally entered the compact. Well, sir, we travelled on in our "joint occu- pancy" fifty years. But slavery, instead of retiring, grew witli our growth and strengthened with our strength. At length the North began to exer- cise some of its rights. Slavery began to be discussed as a great national and moral evil. The press began to speak in tones of rebuke. Petitions began to wend their way to this Capitol. But what was the result? Why^ sir, we were met, tw /«m«»c, by the slave power. We were denied, one and all, the exercise of these rights. Our presses were demolished — discus- sion interdicted by mobs — our mail bags rifled , and the right of petition de- nied us on this floor. And we were told by the South that, if we persisted in the exercise of these rights, they would dissolve the Union. Very well. If slavery cannot abide the compact, then on her head be the consequences of its violation. We mean to adhere to the terms of the agreement; and, ''while life and breath and being last," we will surrender no right secured to us in that compact. I am aware, sir, that the utterance of these sentiments may subject me to the appellation of an "Abolitionist." I will put that right. I was npt sent here by the '' AboUtionists proper." They did not deem me orthodox; they voted for their own candidate, in opposition to me. While, therefore, I might say that I owed them nothing, as a party, yot this floor is not the place whereon to settle controversies with them . J find here a more formi- dable enemy, which requires all my attention; and ugainst its attacks I will defend ''Abolitionists," and all others of my constituents. And while on this point, Mr. Chairman, I beg leave to vindicate the Whigs of my own State from an imputation attempted to be cast upon them , here and else- where. The cry of "Abolition Whigs^^ has been rung upon them. Well, sir, if I may be allowed to be their humble organ here, I will tell you just how far the charge is true. If opposition to perpetuating slavery by the uncon- stitutional acquisition of foreign slave territory; if resistance to the assaults of slavery, when slavery leaps its own bounds; if a laudable desire to ele- vate 14,000 of our citizens, now debarred, solely for their color, to the priv- ileges of the elective franchise; if a generous sympathy for a distinguished citizen of Kentucky, (Cassius M. Clay,) in his noble and constitutional effort to rid his own State of the curse of slavery; if standing for our rights, as the Constitution settles them, and holding slavery strictly to the same; if these positions render us obnoxious to the charge of "Whig Abolitionists," then must we plead guilty. But, beyond this, the charge is wantonly false, and put forth for selfish and malicious ends. Neither myself, nor the Whigs of my State, ever proposed to go beyond the Constitution to assail slavery, or to seize tinconstitutional weapons with which to fight it. We believe that we understand this matter fully. We act, and shall continue to act, in self-defence. Nay, I will do justice even to the reviled *' Abolitionists y** who seem to be common targets, at which all the artillery, big and little,, on this floor, is pointed. TYtey do not ask Congress, l or propose them- selves, to violate the Constitution, in reaching slavery. They all know that, in the slave States, it is not the subject of direct action of Coo^ess,. nor have they desired such an interference. But they do rlaim that, in the Territories and in this District, the action of Congress may be legitimately 14 invoked. They do claim that they have the right to discuss^ to print, to petition upon the subject, as a ^reat moral and political evil. And so long as this right is denied them, so long will the war wax hotter against slavery. I am well known, at home and abroad, as not endorsing all their measures, deeming some of them ill-advised and unwarrantable; yet the mass of them are honest, patriotic, and intelligent, and they know well whereof they speak. I can assure the honorable gentleman from Virginia (Mr. Bayly) tnat there are Quaker women, whose names are on the memorial which he so gallantly moved to lay upon the table, who would put him to his best in a constitutional argument on slavery in the District and Territories. Mr. Chairman, I will dismiss this part of the subject by briefly explaining to you, and, through you, to the country, wliy the North is wiUing and the South unwilling to abiae by the original compact. The North, conscious of the integrity of its cause, and the defensibihty of its claims, relies upon truth, and argument, and fact, to sustain it ; while, on the other hand, the South — I hope I shall not be deemed uncharitable — the South, as if instinctively conscious of its vulnerable points, refuses investigation, silences discussion, and tramples with impunity upon the right of petition. I beg to be understood wlien I speak of the South. I do not mean all of the South. There are some noble spirits there — men who view this matter in a calm light. There are such upon this floor ; ana, I take pleasure in adding, that my personal ac- ?uaintance with some of them here has modified my feelings and opinions of slaveholders. But mean by "the South" that larger, self-styled "Democratic," portion of them, who spin abstrac- tions by moonlight behind cotton bags — who think " the world was made for CaBsar, and not for all mankind" — who think that the Constitution stops short at Mason and Dixon's line. To- wards that portion even, the cool North, conscious, as I have described it to be, rec^uires no retaliatory measures. No, sir. 'We have no need of "gags" and "previous questions"— of mobs and bloodshed. And I can assure iny friend from Ssouth Carolina, (Mr. Sims,) and any others who may desire to present anti-tariff'^memorials, that they will not find me, nor any other Northern Representative, moving to lay them upon the table unconsidered. No, sir. We say to them, frankly, send on your petitions, gentlemen — bring up your memorials ; and although they ask such legislation as, if granted, would stab Northern interests to the heart, yet they shall be received, respectfully referred, considered, and acted upon. And if we cannot by cool Yankee reasoning, convince you of your wrong, and overturn your positions, we will grant your requests. Nay, more. If you desire it, come and establish your anti-tai'lfl* presses at Low- ell and Merrimack — convince our " poor factory girls," who are getting their two, three and four •dollars per week, that they are oppressed, that they are worse off than your slaves — prevail on them to run away to Alabama or Texas, and sell themselves ; or, if you please, come and locate your pro-slavery presses in Boston, in Providence, in New York — hold up and defend the beau- ties of your slave system — decry free labor — prevail on the working masses to run away South, and become slaves. Do all this, gentlemen, and, with it, we guarantee to you the broad shield of the Constitution. No Lynch law shall incarcerate your champions ; no polite " committee of 60" ruflians shall tear down your press, and send it to a slave Slate; no rutliless mob shall shoot down your editors at night, (as ours have been,) and the murderers go unwhipped of jus- tice. And if your citizens be illegally imprisoned in Beaton, without bail, or counsel, or friends, the agents of your Governors, sent to loolc after them, shall not be expelled by a mob; your writ shall be allowed, and your case tested by law. We will meet you on all these, with far other weapons ; will oppose argument to argument, press against press, editor against editor. We will put on our norace Greelys, our Redwood Fishers, and our Cfuirles HudaonSy and by facts and figures and demonstration, we could give your champions such a death hug, that a second grapple would never be courted. And why would the North so meet this issue? Because, sir, truth loves discussion — a good cause brightens by argument ; while error hates both, and r .. . cause is made worse by investigation. ' Am I not warranted, then, in assigning these as the true reasons why one section of this Union has strengthened and perpetuated its local power at the expense of the other ? Is not this the reason why Texas to-day stands recorded a member of this confederacy .' I assure gentlemen that this iniquitous scheme has engendered a feeling of bitterness in the North which time will not soon eradicate. I know, Mr. Chairman, that these honest truths will not be well received here and elsewhere. And it has been intimated to me here, and at home, that the avowal of such sentiments would not to be tolerated on this floor. But, sir, whatever other properties may have been ascribed to me, I believe that I was never called a coward in uttering my honest sentiments. And standing here in my place, and with the responsibility which attaches to the station, I pronounce this whole Texas scheme a piece of political piracy from lieginning to end. I wash my hands of all participation in the guilty deed ; and against the whole of it, I here, on niy own, and on the behalf of my wronged constituency, enter my solemn protest. A few words, Mr. Chairman, in defining my position upon Oregon, and I shall have done. {Mr. HocsTON, of Alabama, here called Mr. Culver to order, insisting that it was not in order to debate that subject on this bill. Bat the Chair again ruled that, as the House was now in Committee of the Whole on the state of the Union, remarks upoji Oregon were not out of or- T der.l in aUu ■again marks giver I uii territo tied, M 15 '—of S I 4er.1 Mr. C. proceeded. I am antonished, sir, that gentlemen should think me out of order in alluding to Oregon; especially when, in discussing Oregon, for weeks, Texas has again and «gain been drawn into the debate, and no one thought of calling to order. Moreover, my re- marks, of five minutes' duration, will stand in the place of a set speech of one hour, as I have giver up all hope of obtaining the floor in the scramble with sixty competitors. I uin m favor of giving the notice to Great Britain to terminate the joint occupancy of this territory. Believing, as I do, that we have rights there which, when clearly denned and set^ tied, we should insist upon and defend, I go for "all" that we really own. If difficulties arise in ascertaining the precise extent of those rights, I would call to my aid the light of history, and the principles settled by the law of nat-ons. I am not one of those, sir, who believe that a Tummany club, a Baltimore caucus, or a partisan inaus^ural, constitute the best tribunal for settling a gmve question of eminent domain. The question, for twenty-five years, was thought sufficiently intricate and doubtful to call for the cud of negotiators. When wise counsels pre- vailed, in the days of Monroe and Adams, and Grallatin and Rush and Clay, it was deemed a fit subject for negotiation. And so doubtful was the question of title deemed, that three times had «ur Government offered to divide the territory on the parallel of 49°. But it was reserved for a newborn President in 1845, in response to a political caucus, to brush away all these doubts — to throw the wisdom of his predecessors into the shade, and proclaim "our title to the whole territory to be clear and unquestionable" — so very clear as not even to be questioned. And yet, strange to tell ! not five months elapse, before this same Chief Magistrate offers to give away to Great Britainytve degrees and forty minutea of our "clear and unquestionable'' soil ! Understand me, Mr. Chairman, I am not saying whether he was right or wrong in his claim on the 4th of March, or in his offer on the 12tn of July. I only wish to put Uiis and this to- gether, that my Democratic friends may see not only the quick sagacity of their new President m discerning intricate title, but edso his practical consistency in Holding fast to such title. I kave his friends, however, to reconcile discrepancies, and extricate him from the dilemma. If I may be allowed a word in relation to this question of title — and it can be but a word — I would say, that up to 49°, or to the point as far north as the head waters of the Columbia, I be- lieve our title is conclusive, and can be demonstrated to be such against the whole world. In affirming such a title, I confess I do not draw my strongest ailments from the discovery of the whole continent by Columbus, in 1492 ; nor from the subsequent grant of it all by the Pope of Rome to tlie King of Spain. Such discovery and grant, to be sure, should not be light- ly needed by Great Britain, for she, herself, subsequently, claimed right to parcel out in large slices, giving by charter to Massachusetts colony all between 42° and 48°, from the Atlantic to the Pacific ; ana another to Virginia, reaching from " sea to sea," between certain other paral- lels. Nor yet do I draw largely from the discovery of the northwest coast in 1543, by Spain. That discovery was not followed by exploration and settlement, for nearly two hundred years, if we except a temporary trading post at Nootka ; and even that was abandoned in 1795. It cannot, moreover, be denied, that the Spanish claim to the country, whatever it was, was some- what modified by the Nootka Sound Convention, in 1790 Under that convention. Great Britain obtained certain rights of hunting, trading, and " making settlements." How far tliose rights were subsequently modified or abrogated, by the war between Great Britain and Spain in 1796, I shall not stop now to enquire. What I would say is, that discovery alone is not the most sa- tisfactory evidence of title ; apd yet I would not assert that it did not form a remote link in the chain. By the Florida treaty of 1819, Spain transferred to us all her rights, whatever they were, to the whole territory. Yet, I am free to admit, that the discovery of the country by Spain, and her transfer to us, do not ftirnish the clearest and most conclusive evidence of title. 1 prefer rest- ing our claims upon more substantial, satisfactory, and practiad evidence. I speak now of the portion south of 49°. I rest them upon the strong grounds of the exploration of the Columbia river, in 1792, by Capt. Robert Gray, of Boston. That indefatigable Yankee navigator passed the bar at the mouth of that hitherto disputed river, sailed up its channel several miles, and gave it the name of " Columbia," in honor of his own ship. Confirmatory of the title by Gray's ex- ploration, we have that of Lewis and Clark, in 1805, who explored, under the patronage of the Government of the United States, the head waters of the same river, and traced it to the ocean. These explorations were followed in 1810 by the settlement at Astoria, by John Jacob Astor, at the mouth of that river. This post was taken by the British in the war of 1812, but was form- ally and solemnly restored to the United States by the treaty of Ghent, in 1814, since which time pioneers and settlers from cv,r country have been steadily filHng up the territory. These explorations, settlements, and occupation, constitute, with me, a good, valid, conclusive title— a title sufficiently perfect, without the transfer from Spain. In this opinion I am supported by the arguments of the American negotiators in 1818, before we obtained the Spanish tide. Cer^ tain it is, that those distinguished plenipotentiaries then maintained the validity of our title to all south of the 49th parallel, on the strength of Capt. Gray's discovery and exploration, and the subsequent settlement and occupation. "Those positions and arguments were re-affinned by Mr. Calhoun, in his official correspondence with the British minister in 1844, and reiterated again by Mr. Buchanan in 1845. Now, sir, candor compels us to admit, that just so far as we strengthen our title to all south of 49° by the acts of Capt. Gray, and Lewis and Clark; so, north of that line by the discovery and exploration of Fraser's river by McKenzie, a British subject, in 1792, is tli** British title strength- ened to the country drained by its waters. If the law of nations aids w in deriving title from these sources, it should be allowed equally to aid our antagonist. 16 I therefore say frankly, that our title to that part lying north of the 49th parallel, is not so " dear i^id indisputable" as it is to the portion south. Ajid had our negotiators effected a set- tlement on (hat hne in 1818, '24, or '27, the country and the world would have acquiesced in ita equity and fcdmess. And had Mr. Folk adjusted the matter on this basis in 1845, the country would have been less inclined to have grumbled at the result, than it would have been to have smil6d at the sudden evaporation of his inaugural claim. Ana I say here, sir, that if honorable negotiation can .effect a compromise^ substantially on this line, Wo to the man who plunges us into a war for that to which our claim is not " clear and unquestionable." I am not saying that we .lave no color of title north of this line, nor that our adversary has a perfect one ', but I would Bay, that our rights there are a fit subject for honorable negotiation. As we have riehts, therefore, in Oregon, I shall vote for the notice, believing its tendency will be, not to provoke war, but quicken negotiation, and produce an amicable adjustment. Embar- rasnnents will but thicken around by every month's delay. The irritated feelings between the two countries is everyday rising higher and higher ; and unless an adjustment be speedily effiected this feeling will place the question beyond the control of negotiation. In its present shape the temptations for political capital are too strong to be resisted by party demagogues. It should, if possible, at once be placed beyond their reach. Moreover, the notice is not of itself just cause of offence. It is a stipulated right in the con* vention of 1^7. Great Britain having agreed that we might give it, will not thereby have any cause for offence. And if Mr. Folk and his advisers see fit to surround it with offensive embarrass- ments, provocative of war, on their heads be the consequences. But I do not believe that war will come 01 it. The respective nations have interests too vast and momentous involved in the is- sue. The age is too enlightened and peaceful — public sentiment too much advanced in correct views — the matter really in dispute too small — to warrant the probability of so direful an event. Besides, one section of this Union is already planting itself in hostility to a war, and that sec- tion generally bears sway in the nation. To that section the present C;hief Magistrate is known to be closely allied, easily swayed by its counsels, and controlled by its preferences. That sec- tion, well knowing the disastrous effects ofawarupon its cherished interests, is alarmed at its bare possibility. Yes, Mr. Chairman, the scene has been one a little amusing, to see gentemenl who, twelve months ago, were ready to brave war, dishonor, and disgrace to grab what did not belong to us, now fluttering with the timidity of an affrighted maiden at the bare mention of taking possession of what dots belong to us. They were loud in shouting responses to the Bal- timore compact — "All Oregon and Texas," while that was to gain them a President £uid Tex- as ; but, these obtained, the compact is repudiated. I ask my Northern Democratic friends if this is the way their Southern allies fulfil compacts? Have you not been cheated ? Is this the reward for your Texas fealty ? Would you not have been wise to have kept Texas as a hostage for Oregon a few, weeks? Pray, then, profit by ex- Serience. Don't be caught a second time. Southern friendship you will find co-extensive with outhern inUrestt, and deep as Southern pockets. They want your help on one occasion more. They wish your co-operation in striking' down the tarin of 1842. Give them this, and let them stave off* Oregon, till the deed is consummated, and then, my word for it, the favors you get from them for Oregon, or for any other interest not kindred to their own, will be few and far between. And to that portion of the Southern army who originated and consummated the Texas scheme^ and who now hesitate about Oregon — ^wno start back, and cry o^t, "A lion in the way !" — to you I would say, if war shall come, remember that you have aroused the spirit of territorial ac- quisition, whicn is now returning to trouble you. You have labored for nine years to wake up a national hatred against Great Britain for her anti-slavery movements. That hatred aroused, is now casting heavy embarrassments over negotiation ; embarrassments which are hourly multiplying the chances of war. And with the horrors of war floating before you, I should not wonder if your vision rested upon results connected with it. Does it not a little trouble you, when you think of the long line of free States that will yet be carved out, stretching three thousand miles west to the Pacific Ocean, coupled with the probability that all Canada may yet be called in to restore the lost balance of the Union? If your sleep is disturbed by the horrors of war — if the visions of British steamers in your harbors^^f your cities in flames — of marshalled " regiments of black troops" in your midst — if these haunt you, and if all these, in due time, shall be realized — point to Texas, and say, this is the price we pay for it, remembering, that He who sits in the circle of the Heavens, and holds the balance in His hands, will mete out justice to nations, as well as to individuals. Thanking the House for their kind attention at this late hour, and you, Mr. Chairman, for the firm support which you have given me, and t dering my ackowleagments to the gentlemen over the way for the caun and uniMerrvfted manner in which they have permitted me to speak, I relieve your patience. allel, is not so efiected a set* quiesced in itfi >, the country B been to have It if honorable ho plungea us ot Baying that ! ; but I would tendency will ent. Embar- s between the sedily effected ent shape the It should, if ht in the con- eby have any ve embarrass- ! that war will ved in theis> ced in correct Bful an event, md that sec- 'ate is known B. That sec- led at its bare ee gentemenl what did not re mention of ss to the Bal- int and Tex- Ifil compacts? TOM not have profit by ex- ctensive with casion more, and let them you get from far between, ixas scheme, B way !" — to ;erri;.orial ac- ne years to lents. That 3arrassment8 war floating ted with it. States that :an, coupled balance of ish steamers •ps" in your I Texas, and tie Heavens, individuals, lairman, for le gentlemen me to speak> * ,• '