Showing posts with label Oregon Territory. Show all posts
Showing posts with label Oregon Territory. Show all posts

Wednesday, April 17, 2024

Senator John C. Calhoun to Thomas Clemson, July 23, 1848

Washington 23d July 1848

MY DEAR SIR, I received in the regular course of the Steamer yours of the 27th of June, and Anna's to her mother of the same date. I would have answered your's immediately, but was prevented by the pressure of my official engagements, as a member of the Committee, raised to settle the question of Slavery, as it relates to our recently acquired territory. After a laborious effort of more than a week, the Committee, consisting of 8 members, 4 from each party, and 2 from each division of the party, North and South, selected by their respective Sections, agreed on a bill, with scarcely a division, which is now under discussion in the Senate, with a fair prospect of passing by a large majority; and which I hope will permanently settle this vexed and dangerous question. The settlement is based on the principle of non interference, as laid down in my speech on the Oregon territorial bill, of which I send you a copy accompanying this. It was found, after trying every other, that it was the only one, on which there was the least chance of adjusting it. It is regarded here, as a great triumph on my part. A trial vote in the Senate yesterday, stood 37 in favour of the bill against 17 opposed. The opposition is mainly composed of the Supporters of Mr Van Beuren.

As to the Presidential election, it is very doubtful, and will probably remain so, to the last. There is no enthusiasm about it. There are great objections to both candidates.

The progress of events in Europe is very much such as I anticipated. There are too much error and misconception of a deep and dangerous character at the bottom of the movement to hope for much good. I have briefly touched one of the leading in the speech, that goes with this, at its close. There are others not less dangerous.

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 759-60

Senator John C. Calhoun to Thomas Clemson, August 11, 1848

Washington 11th Augt. 1848

MY DEAR SIR, . . .Congress will adjourn on the 14th Inst, and I shall leave immediately after for home.

Nothing very material has occurred since my last. The Oregon territorial bill from the House was passed last evening by the Senate with an amendment attaching the Missouri Compromise to it. It is doubtful whether the House will agree to it, or not. If it should not the bill will be lost.

The Buffalo Convention is in session, and has, it is said, nominated Van Buren. It is uncertain to what it will lead. If the movement should not run out with the election, it will lead to the formation of two great sectional parties, and that to results, which may lead to great changes.

The election thus far, judging from indications, is more favourable to Cass, than Taylor. I retain and intend to retain my independent position.

We shall anxiously wait to see you all. With love to Anna and the children,

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 760-1

Saturday, January 6, 2024

Jefferson Davis to the People of Mississippi, July 13, 1846

(From Vicksburg Sentinel, July 21, 1846.)

Fellow Citizens: I address you to explain the cause of my present absence from the seat of the federal government.

Those of our fellow-citizens who, in answer to a call of the President, had volunteered to serve the U. S. in the existing war with Mexico, have elected me for their Colonel, and the Governor has furnished to me a commission, in accordance with that election. Having received a military education and served a number of years in the line of the army, I felt that my services were due to the country, and believed my experience might be available in promoting the comfort, the safety and efficiency of the Mississippi Regiment in the campaign on which they were about to enter. Such considerations, united to the desire common to our people to engage in the military service of the country, decided me unhesitatingly to accept the command which was offered. The regiment was organized and waiting to be mustered into service preparatory to a departure for the army of operation. Under such circumstances, I could not delay until the close of the Congressional session, though then so proximate that it must occur before a successor could be chosen and reach the city of Washington.

It was my good fortune to see in none of the measures likely to be acted on at this session such hazard as would render a single vote important, except the bill to regulate anew the duties upon imports. The vote on this was to occur very soon (in two days) after the receipt of my commission as Colonel, and I have the satisfaction to announce to you that it passed the House the evening before I left Washington; and I entertain no doubt of its passing through the Senate and becoming the law of the land. An analysis of the votes upon this bill will show that its main support was derived from the agricultural and exporting States. To these in a pecuniary view it was the measure of highest importance. But whilst I rejoice in it for such considerations, because tending to advance the great staple interest of our State, and thus to promote the prosperity of all industry among us, I am not less gratified at it as a measure of political reform. In adopting the ad valorem rule and restricting its operation to the revenue limit, the great principle of taxing in proportion to the benefits conferred is more nearly approximated, and the power to lay duties is directed to the purpose of raising money, for which alone it was conferred in the constitution of our confederacy. Thus it was exercised by the fathers of our Republic in the first tariff enacted under the federal constitution; when for the benefit it would confer upon American producers and manufacturers they chose to raise revenue by imposts rather than direct taxation. Since then, as in the bill of 1842, (to be substituted by that lately passed through the House of Representatives,) the collection of revenue has been the subordinate; the benefit to particular classes, the main object of duties. And the extent to which this was pursued was concealed by specific duties and minima valuations-rendering the law unintelligible on its face, and in many cases wholly prohibitory in its operation-destroying revenue but leaving taxation. A tariff "for protection" must discriminate against the necessaries of life to favor manufactures in a rude or "infant" state; a tariff for revenue may, and generally would, impose its highest duties upon luxuries, for reasons so just and equalizing in their practical effects, that one could have no inducement to conceal the policy or shrink from its avowal.

Commercial changes and the wants or superfluities of the treasury must require occasional modifications in the rates of duties upon imports; but a salutary check is held by the people so long as all modifications are made by changing the rate per cent. on enumerated articles, by which it is seen at once what tax is imposed upon consumption, and whether or not the limit of revenue is passed.

I trust we shall never again witness the spectacle, so revolting to every idea of self government, of a law in which, by specific duties and minima valuations, the purpose and effect is as absolutely concealed as in the edicts of the ancient tyrant, which were written in a hand so small and hung so high as to be illegible to those upon whom they were to operate.

During this session, as your Representative, I have acted upon all measures as seemed to me best to accord with the principles upon which I was elected, and most likely to correspond with the wishes and interests of the people of Mississippi. Thus my support was given to the law for the separation of the fiscal affairs of the general government from all connection with banks. The bill passed by the House of Representatives will, it is confidently expected, pass the Senate of the United States probably with an amendment extending the time at which it is to go into full effect. This is supposed to be necessary to prevent an injurious revulsion in the trade of the country, consequent upon the sudden contraction of the discounts of those banks, which have extended their accomodations upon the government deposits. Evils however positive, cannot always be immediately abated; and in this extension of the time it is only designed to make a temporary concession of policy, that by an easy, gradual change the prosperity of trade may be secured and monetary derangement be avoided. These two, the "tariff" and "Independent Treasury," are the measures which seem to me most deeply to involve the interests of Mississippi. Without mountain slopes, and mountain streams to furnish water power; without coal mines permanently to supply large amounts of cheap fuel at any locality, we cannot expect, in competition with those who enjoy either or both of these advantages, ever to become a manufacturing people. We must continue to rely, as at present, almost entirely upon our exports; and it requires no argument, under such circumstances, to maintain the position that the interest of our State will be most advanced by freeing commerce from all unnecessary burthens, and by measuring the value of our purchases by the standard used in our sales-the currency of the world.

By the active exertion of our Senator Speight, a bill was passed through the Senate, granting to the State of Mississippi alternate sections of land to aid in the construction of the proposed Mississippi and Alabama rail road. It is scarcely to be hoped that the House will act upon this measure at the present session, but placed upon the calendar of unfinished business, I think it will become a law at the next session of this Congress. I have also hoped that at the same session, a law would be passed to enable the Postmaster General to make contracts for a long term of years with rail roads under construction, by which the government would be secured from the exorbitant charges monopolies have it in their power to impose, and such certainty conferred upon the value of rail road stock as would greatly aid in the completion of an entire chain of railways from the Mississippi at Vicksburg to the Atlantic, and to the metropolis of our Union—a chain like a system of nerves to couple our remote members of the body politic to the centre of the Union, and rapidly to transmit sensation from one to the other; or like great sinews, uniting into concentrated action the power of the right hand and the left-the valley of the Mississippi and the coast of the Atlantic—when ever the necessities of one or the other shall require the action of both.

Much has been done during the past winter to adjust suspended and conflicting claims to land purchased from the U. S., and it is to be hoped that the action of this Congress will relieve our people from the uncertainty and harassing delays under which so many of them have labored for years past.

The bill to graduate and reduce the price of the public lands, will no doubt become a law; and we may expect from it an important increase to our population and State wealth; such as has been the result in the northern portion of our State, where under the Chickasaw treaty, a graduation system has been in operation, it is to be supposed, will be the result of a similar graduation in those districts where the public land has remained long unsold. The coast survey, now in progress along the Gulf of Mexico, cannot fail to have an important influence upon that portion of our State which borders on the Gulf, by giving correct charts of the channels and points of entrance safe for coasting vessels. Beyond this, I anticipate that the survey will establish as a fact that the best point west of Cape Florida for a navy yard to repair or construct vessels of the largest class, is the Harbor of Ship Island; and further, that it will lead to the speedy establishment of the necessary lights along the Coast and upon its adjacent Islands. The difficulty of obtaining appropriations for these has heretofore been greatly increased by the want of official information. The Legislature of our State memorialized Congress upon the propriety of re-opening the Pass Manchac. I was fully impressed with the propriety of the claim. Under more favorable circumstances, an appropriation for the purpose might have been obtained; and I yet hope that we shall get a survey and report for the contemplated work, in time for action at the next session of this Congress.

Since I took a seat as your Representative in Congress, the country has been disturbed; its political elements agitated and thrown into confusion; its peace with England seriously endangered by a question of boundary in what is known as the Oregon Territory. We have now satisfactory reason to believe that this question is amicably adjusted. The exact terms of the agreement have not transpired; but in general language it may be stated as settled on the basis of the 49th parallel of north latitude, with a temporary permission to the Hudson's Bay Company to navigate the Columbia River. That there should have been a desire among our people generally to hold the whole Territory was but natural, and this not merely from a wish to extend our territory, but also from a more creditable desire to reserve as far as we might, the North American Continent for republican institutions. As few will contend that this desire would have justified our Government in waging a war for territorial acquisition, the question was narrowed down to this: how far our rights clearly defined, and how shall we best secure what is clearly our own, and upon what terms shall we compromise for what is disputable? There were some who claimed for the parallel of 54° 40′ N. L. a talismanic merit-that it was the line to which patriotism required us to go, and short of which it was treasonable to stop. This opinion could only rest on the supposition that by purchase from Spain we acquired a perfect title. But this was to assume too much. The assumption carried with it the element of its own destruction. The Spanish claim extended as far as the 61st degree. If the boundary had been well defined, and the title perfect, then there was no power in our Government to surrender any part of it, and the Convention with Russia is void. But if, as must be generally admitted, the line of 54° 40′ was a compromise with Russia growing out of the fact that our title was imperfect and the boundary unsettled, then was 54° 40′ merely a line of expediency, as any other parallel would have been-good only as against Russia, and subject on the same principle to further adjustment with the other claimant in that territory.

The history of our past negotiations with Great Britain in relation to that territory gave little foundation for the expectation that we could get amicably, the whole country we have now secured south of the 49th parallel of latitude; and if the information I have derived from the officers who have explored different portions of that country be correct, a few years will satisfy our people that we have obtained nearly all which would have been valuable to us-a territory extending further north than the most northern point ever occupied by any portion of our people, and if the term "Oregon Territory" was properly applicable to the valley of the Columbia, or Oregon River, a territory far more valuable than could be claimed in the valley drained by that stream and all its tributaries.

In the south we had another question of boundary unsettled; and though all proper efforts were made to adjust it amicably, they proved abortive. The minister sent to Mexico under a previous understanding that diplomatic relations should be renewed, and invested with full powers to treat of all questions in dispute, was rejected, without even being allowed to present his credentials. It could not be permitted to our rival claimant thus to decide the question, and though the insult would have justified an immediate declaration of war, in spirit of forbearance, the administration refrained from recommending this measure, and merely moved forward our troops to take possession of the entire territory claimed as our own, when there was no longer a prospect of adjustment by negotiation. This led to such hostilities as rendered it necessary to recognize the existence of war. Our government made the declaration in the mode provided by the constitution; and proceeded steadily to supply the means for a vigorous prosecution of the war into which we have been so unexpectedly drawn. In this connection it is worthy of remark that before a declaration was made on our part, the President of Mexico had made a similar declaration, and the appointments of the Mexican army which crossed the Rio Grande to attack the forces of General Taylor clearly show that it had advanced on that frontier for the purpose of invading the State of Texas.

The zeal shown in every quarter of the Union to engage in the service of our common country—the masses who have voluntarily come forward in numbers far exceeding the necessities of the occasion-attest the military strength of our Republic, and furnish just cause for patriotic pride and gratulation. I regret the disappointment felt by so many of my fellow-citizens of Mississippi at not being called into service; and I have not failed to present the case fully to the Executive of the U. S. Your patriotic anxiety is well appreciated; nor is the propriety of your conduct in waiting until regularly called for, forgotten; and if the war should continue, as further supplies of troops be required, there is no doubt but that our State will be among the first looked to for new levies.

There are several subjects connected with the local interests of Mississippi upon which it would have been agreeable to me to have said something, but the great length to which this letter is already extended, induces me with a few remarks bearing more particularly upon myself, to terminate it.

Unless the government of Mexico shall very soon take such steps as to give full assurance of a speedy peace, so that I may resume my duties as your Representative at the beginning of the next session of Congress, my resignation will be offered at an early day, that full time may be allowed to select a successor. Grateful to the people for their confidence and honor bestowed upon me, I have labored as their representative industriously. Elected on avowed and established principles, the cardinal points to guide my course were always before me. How well that course has accorded with your wishes; how far it is improved by your judgment, it is not for me to anticipate; but I confidently rely on your generous allowance to give credit to my motives, and for the rest, as becomes a representative, I will cheerfully submit to your decision.

JEFF'N DAVIS.
        Steamer Star Spangled Banner,
Mississippi River, July 13, 1846.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 52-8

Wednesday, October 11, 2023

Congressman Jefferson Davis on the War with Mexico, May 12, 1846

(From Port-Gibson Correspondent, June 3, 1846.)

Washington, May 12, 1846.

The Oregon controversy will scarcely be settled, by negotiation, and when the joint convention shall be abrogated conflicts with England will probably ensue. Before that time we ought to close all questions with Mexico, and have the ship overhauled for action on a larger scale. Let the treaty of peace be made at the city of Mexico, and by an Ambassador who cannot be refused a hearing—but who will speak with that which levels walls and opens gates—American cannon.

I signified to our friend John Willis that in the event of war I should like to command a Warren Regiment. My position here forces upon me the recollection of all which is due to those who sent me here. Yet I look to the movements of our forces on our Mexican border with a strong desire to be a part of them. My education and former practice would, I think, enable me to be of service to Mississippians who take the field. If they wish it, I will join them as soon as possible, wherever they may be.

JEFFERSON DAVIS.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 46

Tuesday, September 5, 2023

Speech of Jefferson Davis in House on April 17, 1846 on the Oregon question.

Mr. JEFFERSON DAVIS said, the closing remarks of the gentleman who had preceded him certainly invited a reply; but in consideration of the little time which remained of that allowed for this discussion and the number of gentlemen anxious to address the committee, he would only say, in answer to these remarks, that he repelled the assumption, that all who differed from the gentleman in his opinions upon Oregon, were so wanting in wisdom or patriotism as ignorantly or timidly to sacrifice American rights. Not always was it found that those who most readily entered into quarrel, bore themselves best after they were in. Sometimes the first to get into a row are the first who wish themselves out.

He declined to enter into the question of title. The ancient voyages of Spain—the ancient conventions in relation to the Northwest coast of America—seemed to him so little connected. with the subject before the committee, that he had listened to such speeches with the feelings of the Vicar of Wakefield, when he met the sharper of the fair in prison, and he commenced his recital on cosmogony. Stop! said the Vicar, sorry to interrupt so much learning, but I think I have heard all that before.

He would point out his most prominent objections to the bill, and before closing, would offer a substitute for its provisions. He said, the title of the bill met his entire approval. Our citizens in Oregon had a right to expect our protection. It was gratifying to him to witness the fact, that though they had gone beyond the exercise of our jurisdiction, they looked back and asked that the laws of their father-land might follow them; they invited the restraints of our legislation; thus giving the highest proof of their attachment, and paying the richest tribute to our institutions.

There is sufficient unanimity as to the propriety of extending our laws over American citizens in Oregon, to justify me in omitting that branch of the subject, and proceeding at once to inquire by what mode this may be effected. By the bill under discussion, it is proposed to extend the jurisdiction of the supreme court of Iowa, and the laws of said Territory, as far as applicable to that portion of the territory of the United States which lies west of the Rocky Mountains, and also over a belt of country east of those mountains and west of the Missouri river, and lying between the fortieth and forty-third parallel of north latitude.

Who here knows what the laws of Iowa are, still less what they may be; but this much we all may know, that from the difference in the condition and wants of the two countries, the one must be very poorly calculated to legislate for the other, and great confusion must ensue in the attempt to apply the wants of one to the other. He referred to the mining character of Iowa, which gave to her people and local legislation a character peculiar and inapplicable to Oregon. He denied the propriety of extending the laws of Iowa over the Indian country, considered such extension a violation of the principles which had heretofore controlled our intercourse with the Indian tribes, the principle which had been characteristic of our Government, contradistinguishing it from those of Europe, who had had intercourse with the aborigines of America. Our Government had always recognised the usufruct of the Indians of the territory possessed by them. Our jurisdiction over Indian country has heretofore been confined to regulating trade and intercourse with the Indian tribes, and serving process upon our own citizens within the Indian territory. This is to give force to the laws of Iowa over all the Indian country therein described; to wrest, without the just and liberal compensation we have heretofore paid for the extinguishment of Indian title, a belt of country on this side of the mountains, from the tribes who possess it, and, by the strong hand, to seize all which lies beyond.

He said, gentleman had frequently addressed us upon the rights of Great Britain and the conflicting claims of that Government and ours in the Oregon territory. By the conventions of 1818 and 1827, the title as between these two Governments was in abeyance. Let us strictly regard all our treaty stipulations with that rival claimant; but most especially let us respect the rights of the more helpless occupant, and more rightful possessor—the savage who originally held the country.

To this end, he said, he had drawn up, and would submit a substitute for the bill, violative of the rights of no one, in strict accordance with the usage of this Government, and, as he believed, most effective to preserve peace and order, and extend to our citizens in Oregon the benefits of our republican laws and institutions. It was the application, so far as suited to the circumstances, of the ordinance of 1787, for the government of the territory of the United States northwest of the Ohio river, and of the law of 1789, to render it more effectual. Under these, our citizens in the various territories of the northwest had passed from the condition of Indian country to the second grade of government. No question could arise in their application which had not been already adjudicated; and, therefore, in adopting this plan, we could distinctly see, and accurately judge, of the results it would produce. In view of the peculiar condition of the Oregon territory, he expected, by a proviso, that portion of the ordinance which refers to a general assembly; also substituted for the freehold qualification of officers required by that instrument the qualifications prescribed in the territory of Iowa, where no freehold is necessary, and had added a section securing to the British subjects in Oregon all the rights and privileges they derive from existing treaties, so long as those treaties shall continue. By this substitute it is proposed to provide for the appointment of a Governor, who should be ex officio superintendent of Indian affairs, and three judges. These officers appointed by the President, by and with the consent of the Senate, are to receive the same compensation as officers of a like grade in the Territory of Iowa. They are to be authorized to adopt such laws from the statutes of the different States of our Union as may be applicable to the condition of that country, the whole to be subject to the revision and approval of Congress.

Thus, sir, we shall be guarded against the dangers of extending the laws of a territory existing, and hereafter to be enacted without our knowledge, and above our control, likewise from any improper legislation which might result from a representative assembly in a mixed and unsettled colony. The officers of the Government thus constituted are authorized by proclamation to define the limits of the settlements of our citizens in Oregon, to which the Indian title has been, or may be extinguished, and within such settlement to locate the seat of government for the territory. Until the Indian title has been legally extinguished in some portion of the territory, it is a violation of the policy we have heretofore observed, and which stands upon our history a proud monument of humanity and justice, to locate our courts, and assume territorial jurisdiction in that country.

Having a point upon which to rest our territorial government, its process can thence extend into the Indian country around it to persons found therein, and subject to our jurisdiction. Now, by the act of 1834, a criminal might be arrested in the territory of Oregon, brought over to our courts in Missouri or Iowa for trial, as they are frequently arrested, and brought to trial from the Indian country east of the mountains.

From the various instances of erecting a territorial government in the manner proposed, he would detain the committee by a reference to but one—that of Wisconsin.

The United States held free from Indian title the small tract of land at Green Bay. Upon this they located their territorial officers; here the laws were administered: and hence a process issued into the remainder of the territory occupied by Indians.

The only difference between Wisconsin and Oregon, if any difference exists to vary our practice on this point, must arise from the joint-occupancy convention between England and the United States. To my mind this offers no obstacle.

Our settlements in Oregon are entirely within the limits within which we have actual, legal possession—our possession recognised by the Government of Great Britain before the joint convention was formed which is now said to impose upon us limitations.

Pending the negotiation of 1827, Mr. Gallatin informs us the American Plenipotentiary declined to agree to any convention containing an express provision against the exercise of any exclusive sovereignty over the territory. He says, in his letter dated January 22, 1846, referring to the negotiations of 1827, in relation to the territory west of the Stony Mountains, "The probability that it might become necessary for the United States to establish a territorial, or some sort of a government, over their own citizens, was explicitly avowed." Great Britain, through her mercantile corporation, the Hudson Bay Company, extends her laws over Oregon. We have none other than political corporations, through which to effect the same object on the part of the United States. The proposition he submitted was through a governor and judges, as the head of a territorial incorporation, to transmit the laws of the United States to her citizens residing beyond the practical extension of her organized jurisdiction.

This, he contended, we had a right to do under the existing convention with Great Britain; this was our duty to our own citizens, to the Indian inhabitants of that territory, and, as he believed, essential to the preservation of order, and the maintenance of our treaty obligations. This policy was unconnected with the termination of the convention of the joint occupancy with Great Britain, and should have been adopted long ago. It was necessary to limit the British act of 1821, which has found an excuse, in the absence of all other law, or "civil government," for an extension invasive of our rights, and injurious to our people.

With this brief explanation, and relying on the familiarity of the committee with the subject-matter it contained, he submitted his substitute to their consideration.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 40-4

Substitute bill on the Oregon question offered by Jefferson Davis in the House of Representatives, April 22, 1846.

The bill having now been gone through with,

Mr. JEFFERSON DAVIS proposed the following as a substitute therefor:

That from and after the fourth day of July next, the territory of the United States, lying west of the Stony Mountains, shall, for the purposes of temporary government, constitute a separate territory, by the name of Oregon.


SEC. 2. And be it further enacted, That there shall be established, within the said territory, a government in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the river Ohio, and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, entitled “An act to provide for the government of the territory northwest of the river Ohio;” and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States northwest of the river Ohio by the said ordinance: Provided, That a legislative assembly shall not be organized in said territory of Oregon, until the same shall be authorized by an act of Congress.


SEC. 3. And be it further enacted, That the officers for said territory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensation, as by the laws of the United States have been provided and established for similar officers in Iowa Territory; and the duties and emoluments of Superintendent of Indian Affairs shall be united with those of Governor: Provided, That the qualifications for office shall be the same as in Iowa Territory.


SEC. 4. And be it further enacted, That the Governor and judges of said territory shall, by proclamation, define the limits of the settlements of American citizens in said territory to which the Indian title has been or may be extinguished; and the seat of government of said territory shall be located at such point within the limits of said settlements as the Governor and judges, or a majority of them, shall select.


SEC. 5. And be it further enacted, That provision shall hereafter be made by law to secure and grant to every white person, male or female, over the age of eighteen years, three hundred and twenty acres of land; and to every white person, male or female, under the age of eighteen years, one hundred and sixty acres of land, who shall have resided in the said territory described in the first section of this act for five consecutive years, to commence within three years from the passage of this act.


SEC. 6. And be it further enacted, That nothing contained in this act shall be construed to deprive the subjects of Great Britain of any of the rights and privileges secured to them by existing treaty stipulations during the continuance thereof.

Which substitute amendment was rejected.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 44-5

Thursday, July 13, 2023

Speech of Congressman Jefferson Davis, February 6, 1846

Speech of Jefferson Davis delivered in the House Feb. 6, 1846, on the Oregon question.

Mr. JEFFERSON DAVIS addressed the committee during the hour. He knew not (he said) whether he more regretted the time at which this discussion has been introduced, or the manner in which it has been conducted. We were engaged in delicate and highly important negotiations with Mexico, the end of which we had hoped would be an adjustment of our boundary on terms the vast advantage of which it would be difficult to estimate. If, sir, (said Mr. D.,) by this exciting discussion we shall hereafter find that we have lost the key to the commerce of the Pacific, none who hears me will live long enough to cease from his regrets for the injury our country has sustained. Again, sir; a long peace has served to extend the bonds of commerce throughout the civilized world, drawing nations from remote quarters of the globe into friendly alliance and that mutual dependence which promised a lasting peace and unshackled commerce. In the East, there appeared a rainbow which promised that the waters of national jealousy and proscription were about to recede from the face of the earth, and the spirit of free trade to move over the face thereof. But this, sir, is a hope not so universally cherished in this House as I could desire. We have even been told that one of the advantages to result from war will be emancipation from the manufacturers of Manchester and Birmingham.

I hope, sir, the day is far distant when measures of peace or war will be prompted by sectional or class interests. War, sir, is a dread alternative, and should be the last resort; but when demanded for the maintenance of the honor of the country, or for the security and protection of our citizens against outrage by other Governments, I trust we shall not sit here for weeks to discuss the propriety, to dwell upon the losses, or paint the horrors of war.

Mr. Chairman, it has been asserted that the people demand action, and we must advance. Whilst, sir, I admit the propriety of looking to and reflecting public opinion, especially upon a question which is viewed as deciding between peace or war, I cannot respond to the opinion, nor consent to govern my conduct by the idea, that the public man who attempts to stem the current of a war excitement must be borne down, sacrificed on the altar of public indignation. Sir, may the day never come when there will be so little of public virtue and patriotic devotion among the representatives of the people, that any demagogue who chooses to make violent and unfounded appeals to raise a war clamor in the country will be allowed, unopposed, to mislead the people as to the true questions at issue, and to rule their representatives through their love of place and political timidity.

Mr. Chairman, I have been struck with surprise, only exceeded by mortification, at the freedom with which disgrace and dishonor have been mingled with the name of our country. Upon one side, to give notice, and involve the country in a war, is disgrace; upon the other side, not to give notice, to rest in our present position, is dishonor. And my colleague [MR. THOMPSON] says "notice" is the only way to avoid war; that to extend our laws over our people in Oregon is war—a war of disgrace. Sir, whence comes this decision, this new light upon the Oregon question? The leaders in the Oregon movement, in other times, held different views. And, sir, the discussions upon Oregon, at former periods, would certainly not suffer by a comparison with ours; nor, sir, did the commissioners who negotiated the convention of joint occupancy, either English or American, so understand it.

Mr. Gallatin has recently called public attention to the fact, that in 1827, our plenipotentiary refused to agree to any express provision that, in extending the convention of 1818, neither party should exercise any exclusive sovereignty over the territory. The probability that it might become necessary for the United States to establish a territorial or some sort of government over their own citizens was explicitly avowed. Sir, by discovery, exploration, and possession, we claimed exclusive sovereignty over the valley of the Columbia, and our exclusive possession as against England was admitted by the restoration of our posts in Oregon—the formal, actual surrender of Astoria. The convention for joint right to trade in Oregon did not destroy our exclusive possession of a part, nor limit the rights or powers we might exercise within their former bounds; and that this is the British construction, is sufficiently apparent by the assertion of rights as derived from the Nootka convention over the same territory.

Nothing can be more demonstrable than the unfitness of joint-occupation rights to an agricultural people. It was not designed so to operate, but was designed for a country in the hands of hunters, trappers, and Indian traders.

The Hudson Bay Company, so often represented as colonizing Oregon, has interests directly opposed to agricultural settlements. The fur-trappers have been (if my information is correct) aided in establishing themselves on the south side of Oregon. Fur-trading companies usually require their discharged hands to leave the country, and resist, instead of promoting, colonization of necessity destructive to their trade. The Puget Sound Company is agricultural, and its settlements are in violation of our convention with England; and the notice required is to forbid such infraction of the treaty. That no right to plant colonies can be deduced from the conventions of 1818 and 1827 is too plain to admit of argument. The claim, if any, must be drawn from the convention between England and Spain, called the Nootka convention. If that convention be still in force, it must be because it was the declaration of rights, not the grant of advantages; and thus, for the sake of argument, I will consider it.

That Spain had the exclusive right of occupation on the northwest coast of America, as far as her discoveries extended, was not denied; but the question was, Had she, without having occupied the country, an exclusive sovereignty over it? Denying this pretension of Spain, Great Britain demanded indemnification for the seizure of British vessels at Nootka sound by the Spanish authorities. This led to the agreement upon which Great Britain has built her claim to territory in the Oregon country. Before entering upon the consideration of the terms of the convention itself, I will refer to the events that led to it.

Long before the voyage of Meares, the port of Nootka sound was known to the Spanish navigators. It was the usual resort of the trading vessels in the north Pacific. Meares, in 1788, visited it, and built a vessel there. For the use of his men, he erected a hut on the shore, by permission of the Indian king, and threw some defences around it, enclosing (according to Vancouver) about an acre of land. Meares, in return for the kindness of the Indian, (Maquinna,) gave him a pair of pistols. In his narrative, he gives a detailed account of the transaction, but does not call it a purchase; that was an after-thought, and first figured in his memorial. Sir, if there had been nothing beyond the narrative of Meares, the temporary character of his location would be fully established. There it appears that when about to sail, leaving a part of his men behind him, he bribed the Indian king, by offering him the reversion of the hut and chattels on shore, to permit his men to remain in peace, and complete the building of the vessel they had commenced.

To show the character of Meares, the purpose of his voyages in the north Pacific, and the country along which Great Britain claimed the right to trade, I will refer to the work of an Englishman, contemporary with Meares, and one of the most enterprising of the navigators of the north Pacific. It is "Dixon's Voyage around the World." Thus it appears that Meares was a furtrader, and of poor character for his calling; and more important still, it appears that the coast, from Cook's river to King George's sound, was the extent of the region in which British cruisers traded. This, taken in connexion with the 5th article of the Nootka convention, serves to fix the latitude in which joint settlement would be permitted.

The message of the King of Great Britain, communicating the transaction at Nootka, refers only to the seizure of vessels; not a word about lands of which British subjects had been dispossessed.

And when the proposition to vote an address of thanks to his Majesty for the conduct and successful termination of the negotiation, neither in the House of Lords or Commons did any one claim an acquisition of territory; and to the bitter irony and severe assaults of Mr. Fox upon the position in which the territorial pretensions of England had been left, his great rival, Mr. Pitt, then minister, made no reply, but pressed the commercial advantages gained by England.

The only link remaining to be supplied, and which completes the claim of construction, is the examination and final action of Quadra and Vancouver, when sent as commissioners to carry out the first article of the convention.

If, then, no tracts of land could be found which had been purchased by Meares; if no buildings of which he had been dispossessed, and the Spanish flag was never struck to that of Great Britain, Spain still maintaining her settlement at Nootka; the parallel north of which the joint right of settlement exists must be drawn through the northern extremity of Quadra and Vancouver's island; the established rule of nations being, that settlement on an island is held to extend to the whole of the island.

Oregon territory, then, is divided into a portion where we have possession above the treaty, and over which we can exercise all the rights not inconsistent with the trade permitted to England; another portion, in which, admitting the Nootka convention to be still in force, we have, with England, a joint right of trade and settlement; this being limited to the south by a line down through the head of the Quadra and Vancouver island. Between these portions, if there be any territory, it is in the condition of a joint right in England and the United States to occupy for fur trade, and the agricultural settlements are in violation of the spirit of the treaty.

Whenever the joint right by convention ceases, we must at once assert our exclusive right, or thenceforward possession matures into right on the part of Great Britain. During the continuance of the convention the title remains unimpaired; we are in possession; can establish over the undisputed part of the territory whatever regulations may be necessary to promote good order, and encourage emigration of agriculturists. Between England and the United States, the party having bread in Oregon must triumph.

No army can be sustained there for any considerable time by either country if the food must be transported from abroad to support it.

Never had man better right to cry "save me from my friends" than the President of the United States on this occasion. His positive recommendation has been made subordinate to his suggestion. He has urged to extend protection to our citizens in Oregon, but advised that notice be given to terminate the treaty of joint occupancy for reasons given. All this has been reversed, and the positive, unqualified declaration of a perfect title to the whole of Oregon up to 54° 40' comes strangely from those who claim to support an Administration that has offered nearly the same compromise line which had been time and again proposed by his predecessors. Sir, for the honor of my country, I hope that we have not been for thirty years negotiating when there was no conflicting claim; and for past as for the present Executive, I utterly deny that they have ever proposed to cede away a part of the territory, when our title was complete, to appease the voracious demands of England. It was a difficult and doubtful question; it was the adjustment of an undefined boundary. If the President should find himself compelled to close this question in twelve months, without any appropriation, without any preparation, he will be constrained to choose between compromise or war measures with the country unprepared. This will be the result of our action; and if he should effect a treaty by such a boundary as will not compromise the honor of the country, I for one-much, sir, as I wish to retain the whole territory—will give my full support as heretofore, and prepare for my share of whatever responsibility attaches. Sir, why has the South been assailed in this discussion? Has it been with the hope of sowing dissension between us and our western friends? Thus far, I think it has failed. Why the frequent reference to the conduct of the South on the Texas question? Sir, those who have made reflections on the South, as having sustained Texas annexation from sectional views, have been of those who opposed that great measure, and are most eager for this. The suspicion is but natural in them. But, sir, let me tell them that this doctrine of the political balance between different portions of the Union is no southern doctrine. We, sir, advocated the annexation of Texas from high national considerations; it was not a mere southern question; it lay coterminous to the Western States, and extended as far north as 42d degree of latitude; nor, sir, do we wish to divide the territory of Oregon; we would preserve it all for the extension of our Union. We would not arrest the onward progress of our pioneers. We would not, as has been done in this debate, ask why our citizens have left the repose of civil government and gone to Oregon? We find in it but that energy which has heretofore been characteristic of our people, and which has developed much that has illustrated our history. It is the onward progress of our people towards the Pacific, which alone can arrest their westward march; and on the banks of which, to use the idea of our lamented Linn, the pioneer will sit down to weep that there are no more forests to subdue. Sir, the gentleman from Missouri has, in claiming credit to different States for services in time past, wandered round Mississippi, and passed over it unnoticed. I wish not to eulogize my State, but, thus drawn to my notice, let me tell him that at Pensacola, at Bowyer, in the Creek campaigns, and on the field to which he specially alluded, (New Orleans,) the people of Mississippi have performed services that give earnest for the future, and relieve her sons of the necessity of offering pledges for her. It was Mississippi dragoons, led by her gallant Hinds, that received from the commanding general the high commendation of having been the admiration of one army and the wonder of the other.

It is as the representative of a high-spirited and patriotic people that I am called on to resist this war clamor. My constituents need no such excitements to prepare their hearts for all that patriotism demands. Whenever the honor of the country demands redress, whenever its territory is invaded, if then it shall be sought to intimidate by the fiery cross of St. George—if then we are threatened with the unfolding of English banners, if we resent or resist—from the gulf shore to the banks of that great river—throughout the length and breadth, Mississippi will come. And whether the question be one of northern or southern, of eastern or western aggression, we will not stop to count the cost, but act as becomes the descendants of those who, in the war of the Revolution, engaged in unequal strife to aid our brethren of the North in redressing their injuries.

Sir, we are the exposed portion of the Union, and nothing has been done by this Government adequate to our protection. Yet, sir, in the language of our patriotic Governor on a recent occasion, if "war comes, though it bring blight and desolation, yet we are ready for the crisis." We despise malign predictions, such as the member from Ohio who spoke early in these debates, made, and turn to such sentiments as those of another member from that State, the gentleman near me. In these was recognised the feelings of our western brethren, who, we doubt not, whenever the demand shall exist, will give proof of such valor as on former occasions they have shown; and if our plains should be invaded, they will come down to the foe like a stream from the rock.

Sir, when ignorance and fanatic hatred assail our domestic institutions, we try to forgive them for the sake of the righteous among the wicked—our natural allies, the Democracy of the North. We turn from present hostility to former friendship from recent defection, to the time when Massachusetts and Virginia, the stronger brothers of our family, stood foremost and united to defend our common rights. From sire to son has descended the love of our Union in our hearts, as in our history are mingled the names of Concord and Camden, of Yorktown and Saratoga, of Moultrie and Plattsburg, of Chippewa and Erie, of Bowyer and Guilford, and New Orleans and Bunker Hill. Grouped together, they form a monument to the common glory of our common country. And where is the southern man who would wish that monument were less by one of the northern names that constitute the mass? Who, standing on the ground made sacred by the blood of Warren, could allow sectional feeling to curb his enthusiasm as he looked upon that obelisk which rises a monument to freedom's and his country's triumph, and stands a type of the time, the men, and the event that it commemorates, built of material that mocks the waves of time, without niche or moulding for parasite or creeping thing to rest on, and pointing like a finger to the sky to raise man's thought to philanthropic and noble deeds.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 29-35

Tuesday, September 12, 2017

An Act to Establish a Territorial Government for Utah, September 9, 1850

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, to wit: bounded on the west by the State of California, on the north by the Territory of Oregon, and on the east by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, created into a temporary government, by the name of the Territory of Utah; and, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.

SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Utah shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect: he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

SEC. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States: he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives, and the President of the Senate, for the use of Congress. And in the case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

SEC. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and, whose term of service shall continue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and he shall, at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected having the highest number of votes in each of said Council districts for members of the Council, shall be declared by the governor to be duly elected to the Council; and the person or persons authorized to be elected having the highest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected members or the House of Representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such a tie. And the persons thus elected to the legislative assembly shall meet at such place, and on such day, as the governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according to population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided That no one session shall exceed the term of forty days.

SEC. 5. And be it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall have been a resident or said Territory at the time of the passage of this act, shall he entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognized as citizens by the treaty with the republic of Mexico, concluded February second, eighteen hundred and forty-eight.

SEC. 6. And be it further enacted, That the legislative power of said Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly and governor shall be submit- ted to the Congress of the United States, and, if disapproved, shall be null and of no effect.

SEC. 7. And be it further enacted, That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory of Utah. The governor shall nominate, and, by and with the advice and consent of the legislative Council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall layoff the necessary districts for members of the Council and House of Representatives, and all other offices.

SEC. 8. And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.

SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in justices of the peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years. The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the justices of the Supreme Court, at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the Probate Courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars ; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as may be prescribed by law; but in no case removed to the Supreme Court shall trial by jury be allowed in said court. The Supreme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said Supreme Court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars, except only that, in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy; and except also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said Supreme Court created by this act or of any judge thereof or of the District Courts created by this act or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective judges thereof shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary. shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeal, in all such cases, shall be made to the Supreme Court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the District Courts of Oregon Territory now receive for similar services.

SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Oregon. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as Circuit and District Courts of the United States: he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the District Court of the United States for the present Territory of Oregon; and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

SEC. 11. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such. respectively, take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force there-in or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may he prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter- yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for twenty miles' travel, in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the Territory. There shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

SEC. 12. And be it further enacted, That the legislative assembly of the Territory of Utah shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be, subject to be changed by the said governor and legislative assembly. And the sum of twenty thousand dollars, out of any money in the treasury not otherwise appropriated, is hereby appropriated and granted to said Territory of Utah to be applied by the governor and legislative assembly to the erection of suitable public buildings at the seat of government.

SEC. 13. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That said delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon.

SEC. 14. And be it further enacted, That the sum or five thousand dollars be, and the same is hereby, appropriated out of any moneys in the treasury not otherwise appropriated, to be expended by and under the direction of the said governor of the territory of Utah, in the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the Supreme Court, secretary, marshal, and attorney of said Territory, and such other persons, and under such regulations, as shall be prescribed by law.

SEC. 15. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the government of the United States preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

SEC. 16. And be it further enacted, That temporarily, and until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who maybe appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

SEC.17. And be it further enacted, That the Constitution and laws of the United States are hereby extended over and declared to be in force in said Territory of Utah, so far as the same, or any provision thereof, may be applicable.

APPROVED, September 9, 1850.

SOURCE: The Compiled Laws of the Territory of Utah: Containing All the General Laws Now in Force, 1876, p. 28-34