8 3 * J> *> N BANCROFT LIBRARY < THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA SPEECH OF MR. M. P. GENTRY, OF TENNESSEE, ON THE ADMISSION OF CALIFORNIA. DELl\ ERED IN THE HOUSE OF REPRESENTATIVES, MONDAY, JUNE 10, Io50. The House being in Committee of the Whole, and having- under consideration the President's mes sage in relation to California, Mr. GENTRY addressed the committee as fol lows : Mr. CHAIRMAN: Congress has been in session six months, occupied almost exclusively with the ques tion now before this -"ommittee. Other questions of public interest, various and important in their nature, strongly claim the attention of the legisla tive branch of the Government, but are excluded from consideration. By a war with Mexico we have acquired vast territories. By the treaty of Guadalupe Hidalgo we have bound ourselves to protect the people of those territories; to secure to them all the rights of citizens of the United States; itnc in due time admit them, as States, into the Union. Repeated efforts have been made to redeem our plighted faith in this regard, but in every in stance causes, which I will develop in the course of my rerrarks, have prevented legislation. We be gin to realize the truth that the policy of aggressive war conquest and colonization is not suited to the genius of our government. With our conquests there comes upon us thf question, shall Congress prohibit or admit slavery in the Territories we have acquired? It is a question fraught with discord and danger. It has, JM a great djegrce, alienated the northern and southern States, and made disunion a familiar word in our pofitical vocabulary. It has paralyzed the Government, and threatens its de struction. The wisest statesmen and most san guine patriots tremble for the safety of the Repub lic. What policy has brought us into these dan gers? Who is responsible for the existing state of thing;? Who forewarned the country of this cri sis? Who what political party is it that, being solemnly forewarned, nevertheless blindly and recklessly persevered in steering the ship of state invo its present perilous condition? These areques- tiniift which I propose to discuss with candor. I intend to speak what I think. In debating so grave a subject, I would not, if left to choose fur myself, introduce questions con nected with party politics. But the course which gentlemen on the -other side of the House have thought proper to pursue leaves me no choice in this respect. They t ave debated the subject for GIDEON & (Jo., six months, and nearly all who have spoken on that side of the House have labored to fix the responsi bility for the existing state of things on the Presi dent of the United States. Differing widely as to the particular acts which are alleged to have pro duced the present state of affairs, they agree in as cribing them to him. While one gentleman urges that the existing difficulties are attributable to the position which he occupied when a candidate for the Presidency, another ascribes them to the advice which he has given to the. people of California since his election; and others contend that all would have been well with us if he had announced in his an nual message his purpose to veto any bill that might pass the two Houses of Congress inhibiting slavery in the Territories we have acquired from Mexico. The brief hour to which I am limited by a rule of the House will not permit rne to repel, specifically, these discordant imputations; but I will endeavor to vindicate the President by exhibiting the true causes of the present state of affairs, and by fixing- the responsibility where justice and truth require. I recognise the right of a representative of the peo ple in the Congress of the United States freely to canvass the official conduct of the President, and every other Executive functionary, and hold them to a rigid responsioility for their official acts. Jt is a right limited only by such restrictions as truth, justice, and honor impose. If these virtues have not lost their influence upon the public mind, the ver dict of the country will be, that the President is in no degree responsible for producing those evils which now excite the public anxiety. To explain thoroughly and fully the causes which have produced the sectional excitements and animosities which now disturb the harmony of the Union and obstruct the legislation of Congress, it is necessary to go back to a period when the rep resentatives of the slaveholding States, mistaking the true policy of the South, violently and vehe mently opposed the reception and reference of pe titions for the abolition of slavery in the District of Columbia, emanating from northern abolition so cieties, and finally succeeding in procuring- the adoption, by this House, of a rule prohibiting the reception and reference of those petitions. Previ ous to the period to which I refer, efforts to agi tate the public mind on the subject of slavery wer X \ C- W u , r -< confined to a few fanatics in the non-slaveholding States, who, organized into abolition societies, were in the habit of forwarding- to Congress, at every successive session, petitions for the abolition of sla very in the District of Columbia, where", as they contended, Congress had full power over the sub ject. They were few in number, and the great body of the northern people ', of both political par ties, neither syrnpathiztd nor co-operated with them. But the unwise course pursued by southern representatives with respect to their petitions im- Sarted to that handful of fanatics a power and in- uence over public affairs which has largely con tributed to bring the country into its present con dition. Petitions on the same subject had, from an early period of the Government, been from time to time presented, received, and referred, creating no excitement in Congress or among 1 the people. It were well for the country if the same mode of treating such petitions had been continued. But, unfortunately, the southern members of Congress, under the lead of the late distinguished Senai< r from South Carolina, (Mr CALHOUN,) op- po.-ed the r. ception and reference of those petitions, placing- their opposition, if I remember correctly, upon the ground that the Constitution r> ; d not con fer upon Congress the power to abolish slavery in the District of Columbia, and that the reception of petitions praying for such an object would be an implied assertion of the power to grant the prayer of the petitioners; that to admit the existence of such power in Congress would be fatal to the inter- eats and rights of the slaveholding States ; and that therefore the petitions ought not to be received. Their arguments prevailed; and the rule prohibit ing- the r ception ol such petitions was established. At that time, the late ex- President John Quincy Ada ins was a member of this House. Descended from a sire who had made himsell illustrious by his put lie services-! in the Revolution himself eminent for high ability and extensive acquirements vene rated, especially by the people of the northern States, fo. his private virtues and public serviced he put himself forward upon this floor, with all the weight f influence rmtuiaily attaching to one so charnct* :nzt d and distinguished^ as the champion of me constitutional right of petition. Distinctly declaring himsell oppo-ed to grunting the pray c r ol the pi titicners, he nevertheless contended that it ' was the right of the people under the Constitution " peaceably to assemble and petition for the re- dre.-s ol grievarit es;" and that it was the duty of Congress to respectfully receive, refer, and con- sidt r their petitions. With unexampled inflexi bility ol character, he d< voted all his powers to the conti st ; and, alter a struggle characterized by the most excited and disorderly d bates on this floor, and protracted through a petiod of several years, that rule was reseiiioetf. Si nee then, abolition pe titions, as in the olden time, have been received and relernd every day, or at least whenever any mem ber has chosen to present them, without a formal motion, and without creating the least excitement here or tlsewhere. In ih- progri ss of that struggle thousands, aye, hundreds of th.ou--.ands, of the people of the non- slav< holding Sta'es, who had previously scoffed and derided the Abolitionists, found themselves brought into sympathetic association and zealous co-opera tion with them. The unwise opposition of the pub lic men of the South to the reception of their peti tion.- had raised ihu Abolitionists into respectable and honorable associations, and enabled them to appropriate to (heir objects the seeming champion ship ol Mr. Adams, and to identify themselves with a question thtt addressed itself powerfully to popu lar sympathies. Aided by the circumstances to which 1 have referred, they were enabled to give such a direction to political discussions as tended to deepen, and strengthen, and diffuse, far and wide, the abstract sentiment of hostility to slavery pre existing in the minds of the northern people. Meanwhile, southern demagogues, under the im pulse of motives not dissimilar to those which ac tuated the Abolitionists, had been equally energetic and successful in arousing sectional passions and creatingsectional hostility It was when demagogues and fanatics had thus "inflamed and excited the prejudices and passions of the North and the South, that the question of annexing the Republic of Texas to the U:.'-ed States was introduced into the politics of this country. Texas had proposed to annex her self to the United States during- the administration of President Jackson, by whom the proposition was promptly rejected. She renewed the proposition during President Van Huron's administration, who likewise promptly rejected it. In the year 1840 William Henry Harrison was elected President of the United States, and John Tyler Vice President. In one month after he was inaugurated President Harrison died, and the Vice President became the President of the United States. I need not dwell upon the political events which followed that occurrence. They are fresh in the r- collection of all who have paid aqy attention to public affairs. Mr. Tyler ref Js< d to co-operate with the political pa/ty which elected him, and; by a se ries of Executive vetoes, prevented the adoption of measures of public policy for which that party con sidered itself pledged to the country. They de nounced him for dishonorable political infidel ity; and, with the exception of some half dozen gentlemen, the Whig members of Congress placed themselves in hostile opposition to the President. Fierce and angry denunciations, criminations and recririiinations. became the order of the day. In the midst of those exciting scenes, a distinguished Whig, who adhered to Mr. Tyler in that co tro- versy, made a remark to me which produced a strong impression- on my mind. Between that gen tleman and myself very friendly relations had ex isted. He haa exhibited some anxi ty for me to take position with him in sustaining Mr. Tyler. In the conversation to which I am referring, tie had been seeking to ascertain the disposition of my mind as to the policy of annexing Texas to the United States, and while speculating on that sub ject, he remarked, with great vehemence of man ner, " Mr. Tyler holds in h ; s hands a political question with which he can at any time destroy the present organization of political parties." The full meaning of this remark was ex^biined when Mr, Tyler concluded a treaty with Texas, by the pro visions of which that republic agreed to surrender its nationality, and become one of the States of this Union, and when other developments showed con clusively that it was his aim, by means of Execu tive patronage, and the question of Texas annexa tion, to abstract from 4 he Whig and Democratic parties materials for a third political party, by the support of which he hoped to be eluded to the high station to which an accident had elevated him. The treaty being conducted and submitted to the Senate for its ratification, that body, after long debate, re fused to raiify it. It was supported and opposed, indiscriminately, by Whigs and Democrats. It disturbed, but did not destroy, the existing party organizations. The period was approaching when the political parties of the country were to assemble in conven tion for the purpose of nominating candidates for the Presidency and Vice Presidency. For this pur pose the Whig party and the Democratic par ty, respectively , assembled in convention at Baltimore; and Mr. Tyler mustered an assemblage there also, about as numerous and respectable as that famous company with which Falstaff was ashamed to march through Coventry. Previous to the assembling of the conventions, the universal sentiment of the Whig- party had designated Mr. Clay as their can didate for the Presidency; and, with equal unanim ity, Mr. Van Buren had been indicated as the fa vorite of the Democratic party. Each of these dis tinguished gentlemen were requested to make known to the public their views as to the poliry of annexing- Texas to the United States; and both of them proclaimed their opposition to that measure. The Democratic convention, seeing- that, without some new question capable of unsettling- the opin ions and purposes of the people with respect to po litical parties and public men, they were, doomed to defe-it, repudiated Mr. Van Buren and nomi nated Mr. Polk, because he had expressed himself in favor of annexing- Texas. The Whig conven tion, without a dissenting- voice, nominated Mr. Clay. Mr. Tyler's onvontion performed the work for which they were convened by nominating- him; but when that gentleman discovered that the Dem ocratic party had robbed him of the hobby with which he had expected to ride triumphantly into the Presidency, he withdrew from the canvass. The Democratic party entered upon the canvass with the motto inscribed upon their party banner: "THE WHOLE OF OaEGON AND THE ANNEXATION OF TEXAS " Mr. Chairman, I am endeavoring to exhibit the causes which* have brought the country into its present difficulties, and to tix the responsibility for the existing- state of things where truth and justice require it U> be fixed. Want of time will not per mit me to present all the facts needful to a full com prehension of the argument. I beg gentlemen to remember ail that the i on rule of this House pre^ vents me from detailing. They will remember the position occup ed by thrs Whig party with respect to the annexation of Texas, when, in the manner I have described, that was made a purely party ques- tinn in the Presidential canvas of lt>44. They will remember the views put forth by the Whigcandi date (Mr. Clay) in his Raleigh letter. They well remember that the prominent men of the Whig party, with few exceptions, everywhere opposed that measure, upon the ground that annexation %vould be a breach of faith with Mexico; that it would probably involve the United Slatis in a w<- r with that govern in at; thu it would create among our people an appetite lor territorial aggrandize ment that would be insatiable; that it would engen der between the States sectional animosities, and imperil if not destroy the Union. What was pro pht-cy then is history now. Their warnings were unheeded. Mr. Polk was elected to the Presidency, and, under h.s auspices, the measure ol annexation was consummated. Mr Calhoun, who was Secre tary oi State when the treaty wiih Texas was nego tiated, placed the policy of that measure upon the ground that it was necessary as a means of giving additional security to slavery, by increasing the political power or the slavenolcling States. The northern States, opposed in sentiment to slavery, and unwilling to concede preponderance of politi cal power to ihe southern Siaus, were naturally hostile to annexation; and although they sullenly acquiesced in the consummation of that measure, it was obvious to all that a deep feeling of discon tent rankled in their bosoms. The war with Mexico followed close upon the heels of annexation, and it was soon manifest that the Presidenj, was resolved upon the acquisition of territory; and when a bill appropriating three mil lions of dollars, to enable the President to negotiate a treaty of peace, was under consideration, the gentleman from Pennsylvania, (Mr. WILMOT,) moved to amend it by attaching the proviso, which has since figured so prominently in our political discussions. This House, by a large majority, sus tained his motion, but the Senate tailed lor want of time to act upon the bill; and it did not become a law. When Congress assembled at the succeeding session, our armies had defeat d and destroyed those of Mexico; and our commanders in California and New Mexico were in quiet possession of those provinces They had issued proclamations an nouncing to the people of tho-e provinces tiiat they were "annexed" to the United State-; thus disclos ing, beyond the possibility ol*a doubt, th-it the President had. from the beginning, prosecuted the war with Mexico for the purpose of conquest. In his message to Congress, he assumed that all who questioned the propriety of his conduct in this re spect were, in effect, opposed o their country, and were "giving aid and comfort to the enemy." On the motion to refer the President's menage a de bate arose, during which his supporters on this floor reiterated the same idea. Having participated in that debate, and, inasmuch as what I .-aid on that o< casion supports the position which I ;un now en deavoring to establish, I hope I will be pardoned for reading a short extract from the speech which I then delivered: "It is the duty of Congress, and I invoke the per formance ofthat duty, to limit and cotr.rol the dis cretion of the President in relation to the further prosecution of the war. If Congress believes it to be expedient and just to wagA a war of conquest for the acquisition ol territory, let that fa<-t bo de clared; arid if Congress believes it to be inexpedi ent, let it assert the constitutional right of the legis lative branch of the Government, by saying to the President, 'thus far shah thou go, and no tar- ther.' ****** "It is moral cowardice, when the great interests of the Republic are in pit of that tion to the people when they adopt constitutions preparatory to their admission into the Union as states. If it be true that the laws of Mexico which abol ished slavery in those Territories remain in force until repealed, then by the provisions of the Com promise bill slavery will be excluded from those Territories during- the continuance of the territo rial governments which it proposes to establish, for it expressly inhibits the repeal of those laws. It does not secure to the slaveholding 1 States what most of their public men have claimed as their con stitutional right. The people of the southern States are not insulted by a direct enactment of the Wil mot proviso, but for this forbearance they are re quired to be content with a state of things which as effectually excludes slavery from thoae Territo ries as if the bill contained the proviso in express terms. The difficulty of devising measures of legislation suited to the condition of the Territories which we have acquired, and acceptable to the people of the different sections of the Union, results, in my opin ion, chiefly from the extreme zeal, violence, and passion, with which erroneous opinions have been inculcated, by political partisans, in the non-slave- holding and slaveholding Spates of the Union. There is a struggle between these two classes of States for political power. At present, the Union consists of thirty Stales, in one- half of which slavery exists; and each State being entitled by the Con stitution to two Senators, there is, therefore, in the Senate an exact balance of power between the slaveholding and the non-slaveholding States. The territory which we have acquired from Mexico is sufficient in extent to form, "when it shall be peo pled, several new States; and as these shall be slave States or free States, so will the preponder ance of political power be determined in this gov ernment. And this I apprehend is the true source of the sectional controversy that now afflicts the country. In the North the opinion has been con stantly propagated that prohibitory legislation was necessary to prevent the extension of slavery and the formation of additional slave States; while in the South it has been urged with equal zeal that such indeed would be the result, but for the obsta cles interposed bv northern agitation arid the threat of hostile legislation. In my opinion, causes which exist and which legislation cannot change make it impossible for slavery to obtain a permanent foothold in the Ter ritories acquired from Mexico. The character and sentiments of the people who now inhabit them, and who are likely to emigrate thither the char acter of the country, its soil and climate, all con spire to make such a result impossible. A recog nition and candid admission of this truth by the North and the South would, it seems to me, mode rate the irrational excitement which exists on this subject in both sections, and remove one of the principal causes that now embarrass this Govern ment and disturb the public tranquillity. When I say that slavery will be forever excluded from the Territories which we have acquired from Mexico, by causes that exist independent of Con gressional ie^i-lation. I am only repeating an opin ion which has heretofore been expressed by the late Secretary of the Treasury, Mr R.J.Walker; by Mr. Caes, in hi? Nicholson letter; by the late Secretary of State, Mr. Buchanan; and by Mr. Webster, in his recent great speech in the Senate; and I think I am safe in saying, that I am only uttering a truth which every intelligent, man in this republic be lieves, who has examined the subject with the pur pose of arriving at correct conclusions. I arn sup ported in this opinion, also, by the Committee of Thirteen which reported the Compromise bill, as the following extract from the report accompa nying that bfll will show : "Ihe bill for establishing the two Territories, it will be observed, omits the Wilmot proviso on the one hand, and, on {he other, makes no provision for the introduction of slavery into any part of the new Territories. That proviso has been the fruit ful source of distraction and Agitation. If it were adopted and applied to any Territory, it would cease to have any obligatory force as soon as such Territory were admitted as a State in the Union. There was never any occasion for it, to accomplish the professed object with which it was originally offered. This has been clearly demonstrated by the current of events. Cal fornia, of all the recent territorial acquisitions from Mexico, was that in which, if anywhere within them, the introduction of slavery was most likely to take place; and the " constitution of California, by the unanimous vote of her convention, has expressly interdicted it. There is the .highest degree of probability that Utah and New Mexico will, when they come to be admitted as States, follow the example." Mr. Chairman, if I have succeeded in establish ing the positions I have assumed, in any degree proportionate to my own deep conviction of their truth, the conclusion will follow, that in deciding- the comparative merits of the several measures now under consideration in this and the other end of the Capitol, we ought to be governed, not ex clusively by our individual opinions 01 the specific provisions of those measures, but that our estimate of their adaptation as remedies for existing evils ought to be in a great degree influenced by the fa vor and support extended to them by the Repre sentatives of conflicting sentiments and opinions. When the various matters in controversy be tween the northern and southern sections of the Union were referred by the Senate to a committee, composed of Senators eminent, for talents and pa triotism, and selected, in equal numbers, from the two great political parties, and from the slavehold- ing and non-slaveholding States, the hope naturally arose in the public mind, that the high character of that committee would impart an influence to its re commendations that would take these questions out of the vortex of party politics, and commend its recommendations to the general acceptance and approval of the whole country. This expectation has not been realized. Since the report of the com mittee the Senate itself has been converted into a scene of discord an arena of sectional strife. Southern Senators oppose the report of the commit tee because it yields every thing in controversy to the North, and, on the other hand, northern Sena tors oppose it because it yields every thing in con troversy to the South. Its supporters in the South obviously intend to assume that it secures the ad mission of slavery into the Territories acquired from Mexico, whilst it is equally obvious that its northern supporters will assume that it excludes slavery from those Territories. Can a measure susceptible of such contradictory construction tran- quilize the public mind, and restore harmony to the Union ? If it be passed into a law by Congress, is it not to be feared that the same conflict of opinion which has marked the debate in the S