Edward Bates to the Whig Committee of New York, February 24, 1859

St. Louis, Feb. 24, 1859.

To Messrs. J. PHILIPS PHOENIX, WILLIS BLACKSTONE, H. M. BININGER, DAVID J. LILET AND H. R. SMITH, Committee, New York.

Sirs: A short time ago I was favored with your note of the 7th inst., covering a resolution of the Committee, to the effect that it is inexpedient at this time further to discuss or agitate the Negro question, but rather to turn the attention of the people to other topics — "topics of general importance, such as our Foreign Relations, including the Extension of Territory; the building of Railroads for National purposes; the improvement of our Harbors, the navigation of our Rivers to facilitate Internal Commerce; the subject of Currency, and a Tariff of Duties, and other means of developing our own internal resources, our home wealth, and binding together by ties of national and fraternal feelings, the various parts and sections of our widely extended Republic."

Your letter, gentlemen, opens a very wide field, in asking for my "opinion upon the subject, and my views as to the signs of the times." Books have been written upon these matters, and speeches delivered by the thousand ; and yet the argument seems as far from being exhausted as it was at the beginning ; and I take it for certain that you do not expect or desire me to discuss at large, all or any of these interminable quarrels. That I have opinions upon all or most of them, is true — not the opinions of this or that party, ready to be abandoned or modified to suit this or that platform, but my own opinions — perhaps the more fixed and harder to be changed because deliberately formed in the retirement of private life, free from the exigencies of official responsibility and from the perturbations of party policy. They are my own opinions, right or wrong.

As to the Negro question — I have always thought, and often declared in speech and in print, that it is a pestilent question, the agitation of which has never done good to any party, section or class, and never can do good, unless it be accounted good to stir up the angry passions of men, and exasperate the unreasoning jealousy of sections, and by those bad means foist some unfit men into office, and keep some fit men out. It is a sensitive question into whose dangerous vortex it is quite possible for good men to be drawn unawares. But when I see a man, at the South or the North, of mature age and some experience, persist in urging the question, after the sorrowful experience of the last few years, I can attribute his conduct to no higher motive than personal ambition or sectional prejudice.

As to the power of the General Government to protect the persons and properties, and advance the interests of the people, by laying taxes, raising armies and navies, building forts and arsenals, light houses, moles, and breakwaters, surveying the coasts and adjacent seas, improving rivers, lakes, and harbors, and making roads — I should be very sorry to doubt the existence of the power, or the duty to exercise it, whenever the constituted authorities have the means in their hands, and are convinced that its exercise is necessary to protect the country and advance the prosperity of the people.

In my own opinion, a government that has no power to protect the harbors of its country against winds and waves and human enemies, nor its rivers against snags, sands and rocks, nor to build roads for the transportation of its armies and its mails and the commerce of its people, is a poor, impotent government, and not at all such a government as our fathers thought they had made when they produced the Constitution which was greeted by intelligent men everywhere with admiration and gratitude as a government free enough for all the ends of legal liberty and strong enough for all the purposes of national and individual protection. A free people, if it be wise, will make a good constitution; but a constitution, however good in itself, did never make a free people. The people do not derive their rights from the government, but the government derives its powers from the people; and those powers are granted for the main, if not the only, purpose of protecting the rights of the people. Protection, then, if not the sole, is the chief end of government.

And it is for the governing power to judge, in every instance, what kind and what degree of protection is needful — whether a Navy to guard our commerce all around the world, or an Army to defend the country against armed invasion from without, or domestic insurrection from within; or a Tariff, to protect our home industry against the dangerous obtrusion of foreign labor and capital.

Of the existence of the power and duty of the Government to protect the People in their persons, their property, their industry and their locomotion, I have no doubt; but the time, the mode and the measure of protection, being always questions of policy and prudence, must of necessity be left to the wisdom and patriotism of those whose duty it is to make laws for the good government of the country. And with them I freely leave it, as the safest, and indeed the only, constitutional depository of the power.

As to our Foreign Policy generally, I have but little to say. I am not much of a progressive, and am content to leave it where Washington [Jefferson] placed it, upon that wise, virtuous, safe maxim — "Peace [. . .] with all nations; entangling alliance[s] with none." The greedy and indiscriminate appetite for foreign acquisition, which makes us covet our neighbor's lands, and devise cunning schemes to get them, has little of my sympathy. I view it as a sort of political gluttony, as dangerous to our body politic as gluttony is to the natural man — producing disease certainly, hastening death, probably. Those of our politicians who are afflicted with this morbid appetite are wont to cite the purchase of Louisiana and Florida, as giving countenance to their inordinate desires. But the cases are wholly unlike in almost every particular. Louisiana was indispensable to our full and safe enjoyment of an immense region which was already owned, and its acquisition gave us the unquestioned control of that noble system of Mississippi waters, which nature seems to have made to be one and indivisible, and rounded off the map of the nation into one uniform and compacted whole. Nothing remained to mar and disfigure our national plat, but Florida, and that was desirable, less for its intrinsic value, than because it would form a dangerous means of annoyance, in case of war with a Maritime Power, surrounded as it is, on three sides by the ocean, and touching three of our present States, with no barrier between. The population of Louisiana and Florida, when acquired, was very small compared with the largeness of the territory; and, lying in contact with the States, was easily and quickly absorbed into and assimilated with the mass of our people. Those countries were acquired, moreover, in the most peaceful and friendly manner, and for a satisfactory consideration.

Now, without any right or any necessity, it is hard to tell what we do not claim in all the continent south of us, and the adjacent islands. Cuba is to be the first fruit of our grasping enterprise, and that is to be gotten at all hazards, by peaceful purchase if we can, by war and conquest if we must.² But Cuba is only an outpost to the Empire of Islands and continental countries that are to follow. A leading Senator³ has lately declared (in debate on the Thirty Million bill⁴) that we must not only have Cuba, but all the islands from Cape Florida to the Spanish Main, so as to surround the Gulf of Mexico and Caribbean Sea, and make them our "mare clausum" like the Mediterranean, in old times, when the Roman Emperor ruled both its shores, from the pillars of Hercules to the Hellespont.⁵ This claim of mare nostrum implies, of course, that we must own the continent that bounds our sea on the west, as well as the string of islands that inclose it on the east — that is, Mexico, Central America, and all South America, so far south at least as the Orinoco.⁶ In that wide compass of sea and land there are a good many native governments, and provinces belonging to the strongest maritime powers, and a narrow continental isthmus which we ourselves, as well as England and France, are wont to call the highway of nations. To fulfill the grand conception, and perfect our tropical empire, we must buy or conquer all these torrid countries, and their mongrel populations. As to buying them, it strikes me that we had better waite [sic] awhile, at least until the Government has ceased to borrow money to pay its current expenses. And as to conquering them, perhaps it would be prudent to pause and make some estimate of costs and contingencies, before we rush into war with all maritime Europe and half America.

I am not one of those who believe that the United States is not an independent and safe nation, because Cuba is not a part of it. On the contrary, I believe that we are quite capable of self-defense, even if the "Queen of the Antilles" were a province of England, France or Russia; and surely, while it remains an appendage of a comparatively feeble nation, Cuba has much more cause to fear us than we have to fear Cuba. In fact, gentlemen, I cannot help doubting the honesty of the cowardly argument by which we are urged to rob poor old Spain of this last remnant of her Western empire, for fear that she might use it to rob us.

But suppose we could get, honestly and peaceably, the whole of the country — continental and insular — from the Rio Grande to the Orinoco, and from Trinidad to Cuba, and thus establish our mare clausum, and shut the gate of the world across the Isthmus, can we govern them wisely and well? For the last few years, in the attempt to govern our home Territories of Kansas and Utah, we have not very well maintained the dignity and justice of the nation, nor secured the peace and prosperity of the subject people.⁷ Can we hope to do better with the various mixed races of Mexico, Central and South America, and the West India Islands? Some of those countries have been trying for fifty years to establish republican governments on our model, but in every instance have miserably failed; and yet, there was no obstacle to complete success but their own inaptitude.

For my part, I should be grieved to see my country become, like Rome, a conquering and dominant nation; for I think there are few or no examples in history, of Governments whose chief objects were glory and power, which did ever secure the happiness and prosperity of their own people. Such Governments may grow great and famous, and advance a few of their citizens to wealth and nobility; but the price of their grandeur is the personal independence and individual freedom of their people. Still less am I inclined to see absorbed into our system, "on an equal footing with the original States," the various and mixed races (amounting to I know not how many millions) which inhabit the continent and islands south of our present border. I am not willing to inoculate our body politic with the virus of their diseases, political and social — diseases which, with them, are chronic and hereditary, and with us could hardly fail to produce corruption in the head and weakness in the members.

Our own country, as it is, in position, form and size, is a wonder which proclaims a wisdom above the wit of man. Large enough for our posterity, for centuries to come: All in the temperate zone, and therefore capable of a homogeneous population, yet so diversified in climates and soils, as to produce everything that is necessary to the comfort and wealth of a great people: Bounded east and west by great oceans, and bisected in the middle by a mighty river, which drains and fructifies the continent, and binds together the most southern and northern portions of our land by a bond stronger than iron. Beside all this, it is new and growing — the strongest on the continent, with no neighbor whose power it fears, or of whose ambition it has cause to be jealous. Surely such a country is great enough and good enough for all the ends of honest ambition and virtuous power.

It seems to me that an efficient home-loving Government, moderate and economical in its administration, peaceful in its objects, and just to all nations, need have no fear of invasion at home, or serious aggression abroad. The nations of Europe have to stand continually in defense of their existence; but the conquest of our county by a foreign power is simply impossible, and no nation is so absurd as to entertain the thought. We may conquer ourselves by local strifes and sectional animosities; and when, by our folly and wickedness, we have accomplished that great calamity, there will be none to pity us for the consequences of so great a crime.

If our Government would devote all its energies to the promotion of peace and friendship with all foreign countries, the advancement of Commerce, the increase of Agriculture, the growth and stability of Manufactures, and the cheapening, quickening and securing the internal trade and travel of our country ; in short, if it would devote itself in earnest to the establishment of a wise and steady policy of internal government, I think we should witness a growth and consolidation of wealth and comfort and power for good, which cannot be reasonably hoped for from a fluctuating policy, always watching for the turns of good fortune, or from a grasping ambition to seize new territories, which are hard to get and harder to govern.

The present position of the Administration is a sorrowful commentary upon the broad democracy of its professions. In theory, the people have the right and ability to do anything; in practice, we are verging rapidly to the One-Man power.

The President, the ostensible head of the National Democrats, is eagerly striving to concentrate power in his own hands, and thus to set aside both the People and their Representatives in the actual affairs of government. Having emptied the Treasury, which he found full, and living precariously upon borrowed money, he now demands of Congress to entrust to his unchecked discretion the War power, the Purse and the Sword. First, he asks Congress to authorize him, by statute, to use the Army to take military possession of the Northern Mexico, and hold it under his protectorate, and as a security for debts due to our citizens⁸ — civil possession would not answer, for that might expose him, as in the case of Kansas, to be annoyed by a factious Congress and a rebellious Territorial Legislature.

Secondly: Not content with this, he demands the discretionary power to use the Army and Navy in the South, also in blockading the coast and marching his troops into the interior of Mexico and New Granada, to protect our citizens against all evil-doers along the transit routes of Tehuantepec and Panama.⁹ And he and his supporters in Congress claim this enormous power upon the ground that, in this particular at least, he ought to be the equal of the greatest monarch of Europe. They forget that our fathers limited the power of the President by design, and for the reason that they had found out by sad experience that the monarchs of Europe were too strong for freedom.

Third: In strict pursuance of this doctrine, first publicly announced from Ostend,¹⁰ he demands of Congress to hand over to him thirty millions of dollars to be used at his discretion, to facilitate his acquisition of Cuba.¹¹ Facilitate how ? Perhaps it might be imprudent to tell.

Add to all this, the fact (as yet unexplained) that one of the largest naval armaments which ever sailed from our coast is now operating in South America, ostensibly against a poor little republic far up the Plate River,¹² to settle some little quarrel between the two Presidents.¹³ If Congress had been polite enough to grant the President's demand of the sword and the purse against Mexico, Central America and Cuba, this navy, its duty done at the south, might be made, on its way home, to arrive in the Gulf very opportunely, to aid the " Commander-in-Chief " in the acquisition of some very valuable territory.

I allude to these facts with no malice against Mr. Buchanan, but as evidences of the dangerous change which is now obviously sought to be made in the practical working of the Government — the concentration of power in the hands of the President, and the dangerous policy, now almost established, of looking abroad for temporary glory and aggrandizement, instead of looking at home, for all the purposes of good government — peaceable, moderate, economical, protecting all interests alike, and by a fixed policy, calling into safe exercise all the talents and industry of our people, and thus steadily advancing our country in everything which can make a nation great, happy, and permanent.

The rapid increase of the Public Expenditures (and that, too, under the management of statesmen professing to be peculiarly economical) is an alarming sign of corruption and decay.

That increase bears no fair proportion to the growth and expansion of the country, but looks rather like wanton waste or criminal negligence. The ordinary objects of great expense are not materially augmented — the Army and Navy remain on a low peace establishment— the military defenses are little, if at all, enlarged — the improvement of Harbors, Lakes and Rivers is abandoned, and the Pacific Railroad is not only not begun but its very location is scrambled for by angry sections, which succeed in nothing but mutual defeat. In short, the money to an enormous amount (I am told at the rate of $80,000,000 to $100,000,000 a year) is gone, and we have little or nothing to show for it. In profound peace with foreign nations, and surrounded with the proofs of National growth and individual prosperity, the Treasury, by less than two years of mismanagement, is made bankrupt, and the Government itself is living from hand to mouth, on bills of credit and borrowed money!

This humiliating state of things could hardly happen if men in power were both honest and wise. The Democratic economists in Congress confess that they have recklessly wasted the Public Revenue; they confess it by refusing to raise the Tariff to meet the present exigency, and by insisting that they can replenish the exhausted Treasury and support the Government, in credit and efficiency, by simply striking off their former extravagances.

An illustrious predecessor of the President is reported to have declared "that those who live on borrowed money ought to break." I do not concur in that harsh saying; yet I am clearly of opinion that the Government, in common prudence (to say nothing of pride and dignity), ought to reserve its credit for great transactions and unforeseen emergencies. In common times of peace, it ought always to have an established revenue, equal, at least, to its current expenses. And that revenue ought to be so levied as to foster and protect the Industry of the country employed in our most necessary and important manufactures.

Gentlemen, I cannot touch upon all the topics alluded to in your letter and resolution. I ought rather to beg your pardon for the prolixity of this answer. I speak for no party, because the only party I ever belonged to has ceased to exist as an organized and militant body.

And I speak for no man but myself.

I am fully aware that my opinions and views of public policy are of no importance to anybody but me, and there is good reason to fear that some of them are so antiquated and out of fashion as to make it very improbable that they will ever again be put to the test of actual practice.

Most respectfully,

EDWARD BATES.

_______________

² This was the substance of the Ostend Manifesto which Buchanan as Minister to Great Britain had joined Ministers John Y. Mason and Pierre Soulé in promulgating. As Secretary of State under President Polk, Buchanan had tried to buy Cuba. In his second, third, and fourth annual messages he urged Congress to cooperate with him in securing it by negotiation.

³ Robert Toombs of Georgia: Whig state legislator, 1837-1840, 1841-1844; states' rights Democratic congressman, 1845-1853; U. S. senator, 1853-1861. He was later a leader in the Georgia Secession Convention, and congressman, brigadier-general, and secretary of State under the Confederacy.

⁴ January, 1859, Senate Reports, 35 Cong., 2 Sess., ser. no. 994, doc. no. 351. The bill purposed to appropriate $30,000,000 "to facilitate the acquisition of Cuba by negotiation." Senator Slidell (infra, Nov. 24, 1859, note 89) introduced it on January 10. 1859 (Cong. Globe, 35 Cong., 2 Sess., 277) ; it was reported favorably by the Committee on Foreign Relations of which he was chairman, on January 24, 1859 (ibid., 35 Cong., 2 Sess., 538) ; it was debated at great length on January 24, February 9-10, February 15—17, February 21, and February 25 (ibid., 35 Cong., 2 Sess., 538-544, 904-909, 934-940, 960968, 1038, Appendix [155-169], 1058-1063, 1079-1087, 1179-1192, 1326-1363) ; but because of opposition, it was withdrawn on February 26 (ibid., 35 Cong., 2 Sess., 13S51387). At the next session, on December 8, 1859, Senator Slidell reintroduced this bill (ibid., 36 Cong., 1 Sess., 53), had it referred to the Committee on Foreign Relations on December 21 (ibid., 36 Cong., 1 Sess., 199), reported it out favorably to the Senate on May 30, 1860, but because of opposition did not push it (ibid., 36 Cong., 1 Sess., 2456). He promised to call it up again at the next session, but when that time arrived was too busy seceding to bother about Cuba.

⁵ On January 24, Toombs had said, "Cuba has fine ports, and with her acquisition, we can make first the Gulf of Mexico, and then the Caribbean Sea, a mare clausum. Probably younger men than you or I will live to see the day when no flag shall float there except by permission of the United States of America . . . that development, that progress throughout the tropics [is] the true, fixed unalterable policy of the nation." Ibid., 35 Cong., 2 Sess., 543.

⁶ I. e., as far as Venezuela.

⁷ Bitterness over the slavery question had reached the point of armed conflict, raids, and murder in Kansas in 1855-1856, and Utah was at this time subject to frequent Indian raids. It was in 1859, too, that the Republicans tried to prohibit polygamy in Utah and the Democrats succeeded, probably with slavery in other territories in mind, in preventing Congressional legislation on the subject.

⁸ Dec. 6, 1858, James D. Richardson, Messages and Papers of the Presidents, V, 514. See infra, Feb. 15, 1860.

⁹ J. D. Richardson, op. cit., V, 516-517.

¹⁰ Supra, April 20, 1859, note 2.

¹¹ J. D. Richardson, op. cit., V, 508-511.

¹² Rio de La Plata in South America.

¹³ An expedition of some 19 ships, 200 guns, and 2.500 men which was sent against Paraguay because a vessel of that nation had fired upon the United States steamer Water Witch. A mere show of force sufficed to secure both an apology and an indemnity on February 10, 1859. The President of Argentina was so interested and so pleased that he presented the commander with a sword.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 1-9

Richard Brooke Garnett

Nephew of James Mercer Garnett (q. v.), and Robert Selden Garnett (q. v.); born in Virginia, in 1819; graduated from the United States Military Academy in 1841. He entered the army as second lieutenant, and served in the Florida war, and subsequently in the west. He was made first lieutenant in 1847, and later captain. He aided in quelling the Kansas disturbances in 1856-57; was engaged in the Utah expedition. He entered the Confederate service as major of artillery in 1861, and was promoted to brigadier-general the same year. He served in the Shenandoah Valley under Jackson, and at the battle of Kernstown commanded the Stonewall brigade. During and after the Maryland. campaign he commanded Pickett's brigade, which he finally led at Gettysburg, where he fell dead, shot from his horse in the midst of action. He died July 3, 1863.

SOURCE: Encyclopedia of Virginia Biography, Vol. 3, p. 53

Congressman Horace Mann, September 9, 1850

SEPT. 9.

Eureka! Eureka! or at least almost Eureka! The House has passed a resolution this morning to adjourn three weeks from to-day. It must be acted upon in the Senate; but I think they are tired enough to go home, and that it will not be postponed longer. This will bring it to the very last day of the month, and I shall almost count the hours till it comes.

Read Mr. Underwood's speech on the Texas Boundary Bill, and understand it, and you need read nothing else on the subject.

The politicians and the Texas bond-holders had a sort of public frolic on Saturday evening, after the bill for the admission of California, and for the establishment of a Territorial Government for Utah, was passed. Texas stock, which, on the 1st of January last, was not worth more than five or six cents on the dollar, will now be worth one dollar and five or six cents! This bill appropriates ten millions of dollars. Think, then, what immense and corrupt influences have been brought to bear upon the decision of this freedom-or-slavery question! . . . One of the most extreme antislavery men in all the North, who had given the strongest pledges, made the most emphatic declarations, and defied all consequences in the most unreserved manner, went over as soon as Mr. Webster was appointed Secretary of State, and has voted on the proslavery side ever since. He has been talking for some time about going to California, and, this morning, has notified the House of his resignation, and started for New York. See if, before six months have elapsed, he does not have an office. It wrings my heart to see such venality.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 323-4

Congressman Horace Mann to Samuel Downer, August 28, 1850

WASHINGTON, Aug. 28, 1850.

MY DEAR DOWNER, I received yours of the 26th to-day. We are at last at the hand-to-hand encounter. The Texas Boundary Bill is up. The Omnibus is to be reconstructed, or there will be an attempt to do it, and then the Devil is to be harnessed in to take it through by daylight. I tremble for the fate of freedom. I fear our only hope will repose at last on the Territories themselves. A motion is now pending to amend the Boundary Bill by adding substantially the New-Mexico and Utah Territorial Bills to it. Then another motion will be made to add California to that. This is the bait. It is hoped that the friends of freedom will not venture to vote against adding California, so that this amendment will be easily effected. But then, California being on the amendment, it is hoped that this will carry over a sufficient Northern force to sustain the whole; that is, there are men who will not dare to vote for New Mexico and Utah without the proviso, who will venture to face their constituents, if, at the same time, they can say they have secured freedom to California. But while there is life there is hope.

The inference which you draw from the entire silence of every one of my acquaintances in the city is inevitable. However painful, it forces itself irresistibly upon my mind, I have not a friend among them. While I seemed prosperous, and had the leading men of the public on my side, they professed friendship; but now, when I am away, and when a most extraordinary conjuncture of circumstances has exposed me to the raking fire of all the sons of Mammon and all the sycophants of power, I see that they are as heedless of me, my character, my interests, my feelings, as though I were one of the slaves whom they are willing should be created. It is saddening, disheartening. I feel it for myself some: I feel it for human nature more. But will I ask them to come to my rescue, and fulfil the promise which years of intimacy and of professions have made? No: I will perish before I will beg. And as for this war in favor of liberty, and against its contemners, high or low, I will pray God for life and strength to carry it on while I live, and for the spirit that will bequeath it to my children when I die.

Yours ever and truly,

HORACE MANN.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 319-20

Congressman Horace Mann, August 29, 1850

AUG. 29.

The first question about the Boundary Bill was, "Shall it be rejected?" This was decided in the negative by a very large vote; all its friends as it stands in its present shape, and all who thought it could be put by amendments into an acceptable shape, voting in the negative. Every one voted in the negative, except those who were determined to go against the bill at all events. Then came an amendment to attach the New-Mexico and Utah Bills. This is now pending. Should it prevail, then another amendment will be offered to attach the California Bill to it; and this will reconstruct the Omnibus.

An attempt will be made to manage the case, as by parliamentary tactics, to prevent us from taking a direct vote on the Wilmot Proviso, and thus save some of the Northern doughfaces from the odium which a direct adverse vote on that question would inflict. The Speaker, being in favor of the bills, will recognize the right men at the right time, so as to help forward the measure. I have the greatest fears that all is lost.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 320-1

Congressman Horace Mann, June 18, 1850

JUNE 18, 1850.

Yesterday Mr. Webster made his last and special declaration. A motion was pending, that it should be no objection to the admission of any State hereafter to be formed out of the territory ceded by Mexico, that is, California, Utah, or New Mexico,—that its constitution should recognize or provide for or establish slavery. The present Congress, it is admitted on all hands, has no power to act on that subject; but the movement was designed to give some moral power to the claims of slavery hereafter, should such claims be made. Mr. Webster took a retrospect of his whole course since the 7th of March speech, his Newburyport letter, &c., and declared that he had seen, heard, and reflected nothing which had not confirmed him in the soundness of his opinion; and so, in the most solemn manner, he declared his purpose to go for the bill. I think it will pass the Senate beyond all question. I fear it will also pass the House. It is said that Mr. Clay put in the provision about buying out the claims of Texas at some eight or ten or twelve millions of dollars, for the very purpose of securing a sufficient number of votes to carry it.

The Texan debt consists of bonds or scrip, which, at the time the Compromise Bill was brought in, was not worth more than four or five cents on the dollar: but the same stock is said to be now worth fifty per cent; and, should the bill pass, the stock will be worth a premium. Now, where so many persons are interested, will they not influence members? May not members themselves be influenced by becoming owners of this stock? It affords at least a chance for unrighteous proceedings; and, should the bill pass, there are members who will not escape imputation and suspicion.

A rumor has reached us from New Mexico, that the people are taking steps there to call a convention for the formation of a State Constitution. Should this prove authentic, as most people here think it will, and should they put a proviso against slavery in their constitution, would it not look like a godsend, like a special providence, notwithstanding all we say about that class of events?

Oh, may it turn out to be so!

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 303-4

Congressman Albert G. Brown to His Constituents, May 13, 1850

FELLOW-CITIZENS: I feel impelled, by a strong sense of duty, to address to you this communication. If it shall seem to you more appropriate that I should have delivered the sentiments which follow, in the form of a speech in the House of Representatives, I reply, that the difficulty of obtaining the floor interposes at all times serious obstacles to that mode of address. At this period of excitement, when events of the greatest consequence are pursuing each other in rapid succession, it appears to me neither wise nor safe to risk the doubtful chances of an early opportunity of addressing you through the ordinary medium of a congressional speech.

Events of the utmost magnitude are transpiring at the seat of the national government. In these events you have a deep interest, and I would not leave you a single day in ignorance of my views, or in doubt as to the manner in which I mean to discharge the high and important trusts which your partiality has devolved upon me.

It is well known to you, that the people in California, following the lead of General Riley, an officer of the United States army stationed in that country, took upon themselves, during the last summer, the responsible task of forming a state constitution, and setting up a state government in that territory.

This proceeding has been extensively criticised, and very generally condemned, as altogether anomalous and irregular. It is no part of my present purpose to follow up these criticisms. That the whole proceeding was irregular and in total disregard of the rights of the South, is beyond dispute. That it was basely fraudulent, I have ever believed, and do now believe. That the people in that country were prompted to the course pursued by them, by the secret spies and agents sent out from Washington, I have never doubted for a single moment. That they were induced to insert the "Wilmot proviso," in their so-called state constitution, by assurances held out to them that such a course would facilitate their admission into the Union of these states, I as religiously believe as I do in the existence of an overruling Providence.

Pursuing the idea that there had been illegitimate influences at work to produce particular results in California, I on two several occasions introduced into the House of Representatives resolutions directing a searching inquiry into all the facts. But the dominant power would give no countenance to my object.

I have seen it stated in a letter written in California, and published in the Republic newspaper in this city, "that it was everywhere understood in that country, that the President desired the people of California to settle the slavery question for themselves." I endeavored to bring the public mind to bear on this point, and in a card published in the Republic, I inquired "how it came to be everywhere thus understood?" but no response was ever made to the inquiry. The semi-official declaration, however, quickened my suspicions that some one had spoken as by authority for the President.

Thomas Butler King, Esq., one of the President's agents in California, has repeatedly declared that the California Convention was held under the sanction of President Polk and Secretaries Buchanan and Marcy; and that it was to these functionaries General Riley made allusion when he said to the people in that country that he was acting in compliance with the views of the President, and the Secretaries of War and of State. Mr. Polk is dead, and the two ex-secretaries positively deny the truth of Mr. King's declaration.

If General Riley stated officially to the people of California, on the 3d of June, 1849, the date of his proclamation, that THE President, THE Secretary of War, and THE Secretary of State approved his conduct meaning thereby Mr. Polk, Mr. Buchanan, and Mr. Marcy—it was a fraud upon the people of California. The statement could only have been made with a view to give the highest official sanction to his conduct, and he knew perfectly well that all three of the gentlemen alluded to, were private citizens at the date of his proclamation. When he said THE President, he meant to give the weight of presidential influence to his acts. He meant that the people should understand him as alluding to the man in power, and not to a retired gentleman and private citizen.

Mr. King undertakes to prove that he is right in his declaration, and asserts that the steamer which carried him to California was the first arrival in that country after General Taylor's inauguration, and "that she conveyed the first intelligence that Congress had failed to provide a government for that territory;" and by way of giving point to his declaration in this respect, he asserts that he landed for the first time at San Francisco, on the 4th day of June; that General Riley was then at Monterey, distant about one hundred and fifty miles, and that he (Mr. King) did not see him (Riley), or have any communication with him; and that the proclamation, calling the California Convention, bore date June 3d, 1849. Thus rendering it impossible, as he assumed, that said proclamation could have been based on information received from the present President and his Secretaries, through his (Mr. King's) arrival. Unfortunately for the accuracy of these statements and the legitimacy of the conclusions, General Riley commences his proclamation with the emphatic declaration "that Congress had failed to provide a government for California;" and the inquiry at once arises, how, if Mr. King landed at San Francisco on the 4th of June, 1849, with the first intelligence of this failure on the part of Congress, could General Riley have known and proclaimed the important fact at Monterey, distant one hundred and fifty miles, on the 3d of June of that year? We see at once that it could not be so.

President Polk and his cabinet could not have sent advice to California of this failure on the part of Congress; for it is historically true that the failure occurred in the very last hour of Mr. Polk's administration.

Through some channel General Riley was advised that Congress had failed to provide a government for California, and this after President Taylor came into power. I do not say that Mr. King was this channel, but I do say that from the same medium through which he derived the information that Congress had failed to provide a government, he may, and probably did, receive also the views of the President and his cabinet, and hence he was enabled to speak as he did with positive certainty of the one and of the other.

"You are fully possessed," says the Secretary of State, Mr. Clayton, to Mr. King, in a letter bearing date of April 3, 1849, “You are fully possessed of the President's views, and can with propriety suggest to the people of California the ADOPTION of measures best calculated to give them effect. These measures must, of course, originate solely with themselves." Mr. King, then, was informed that he could with propriety suggest the adoption of measures to carry out the President's views, he having been fully possessed of those views. But these measures must originate with the people! Beautiful! Mr. King is sent to California to suggest to the people the adoption of measures to carry out the President's views, but these measures must ORIGINATE with the people! And more beautiful still, Mr. King comes home, after disburdening himself of the views whereof he was "fully possessed," and gravely tells the country he did not go to California on a political mission, and had nothing to do with the local affairs of that country; and this, too, after he was denounced in the convention as the President's emissary. I suspect Mr. King could tell how it came to be "everywhere understood in California that the President wanted the people to settle the   question for themselves."

I have thought proper to present these facts and deductions, for the purpose of showing you that mine are no idle suspicions. When I say that, in my opinion, a great fraud has been perpetrated, I want you to understand that there is some foundation for my opinion.

The action of Congress, I am free to admit, may have had much to do in fixing the sentiment in the mind of the President and of the Californians, that no territorial government would be allowed which did not contain the Wilmot proviso; and judging from the temper constantly displayed in urging this odious measure at all times and in all seasons, it was, I grant, a rational conclusion that no government asked for or established by the people would be tolerated unless slavery was prohibited; but was this a sufficient reason why the President or his agents, or even the people of California, should trample under foot the rights of the South? We had our rights in that country, and they ought to have been respected; I risk nothing in saying that they would have been, had we been the stronger party. Our fault consisted in our weakness, and for this we were sacrificed.

It is said, I know, that California is not suited to slave labor-that the soil, climate, the very elements themselves, are opposed to it. Slave labor is never more profitably employed than in mining; and you may judge whether slaves could be advantageously introduced into that country, when I inform you, on the authority of the debates of their convention, that an able-bodied negro is worth in California from two to six thousand dollars per annum.

I pass over the studied and systematic resistance which the California. admissionists have constantly and steadily interposed against all investigation, with this single remark—"that the wicked flee when no man pursueth, but the righteous are as bold as a lion."

Immediately after the assembling of the present Congress, it became apparent that the admission of California into the Union as a state was to become the great question of the session; and it was palpable from the beginning, that there was a large majority in favor of it. The President was not slow in taking his position. He brought the subject to the favorable notice of Congress in his annual message, and very soon after, in a special communication, he earnestly recommended it to our favorable consideration. The fearful odds of the President, the Cabinet, and a congressional majority, was arrayed against us; but, nothing daunted, a few of us, relying on the justice of our cause, and placing our trust in the intelligence, virtue, patriotism, and indomitable firmness and courage of our constituents, resolved to resist it.

To lay before you the grounds of that resistance, and to lay bare the sophistry and double-dealing of the friends of this measure, are among the chief aims of this letter.

A large class of those who advocate the immediate introduction of California into the Union, place their advocacy on the ground that the people have a right in all cases to govern themselves, and to regulate their domestic concerns in their own way. It becomes important to understand the meaning of declarations like these, and to ascertain the extent to which such doctrines may be rightfully extended.

I admit the right of self-government; I admit that every people may regulate their domestic affairs in their own way; I freely and fully admit the doctrine that a people finding themselves in a country without laws, may make laws for themselves, and to suit themselves. But in doing this they must take care not to infringe the rights of the owners and proprietors of the soil. If, for example, one hundred or one thousand American citizens should find themselves thrown on an island belonging to Great Britain, uninhabited and without laws, such citizens, from the very necessity of their position, would have a right to make laws for themselves. But in doing this, they would have no right to say to her Majesty's subjects in Scotland, you may come to this island with your property, and to her Irish subjects, you shall not come with your property. They would have no right to set the proprietors at defiance, or to make insulting discriminations between proprietors holding one species of property and those owning another species of property. No such power would be at all necessary to their self-government, and any attempt to exercise it would justly be regarded as an impertinent attempt to assume the supreme power, when in fact they were mere tenants at will.

If the people of California, who had been left, by the unwise and grossly unjust NON-ACTION of Congress, without law and without government, had confined themselves to making their own laws and regulating their own domestic affairs in their own way, I certainly never should have raised my voice against their acts. But when they go further, and assume the right to say what shall be the privileges of the owners and proprietors of the soil-when they take upon themselves to say to the fifteen Northern States, your citizens may come here with their property, and to the fifteen Southern States, your citizens shall not come here with their property, they assume, in my judgment, a power which does not belong to them, and perform an act to which the South, if she would maintain her rights, ought not to submit.

Attempts have been made to draw a parallel between the conduct of our revolutionary fathers, who claimed the right to legislate independent of the British crown, and that of the Californians, who have assumed to set up an independent government of their own. When our fathers set up an independent government, they called it revolution; and if the people in California set up a like government, I know of no reason why their conduct shall not in like manner be denominated revolutionary. Our fathers revolted and took the consequences; California has a right to do the same thing; but that she has any other than a revolutionary right, I utterly deny.

Very distinguished men have assumed the position, that the rights of sovereignty over the territory reside in the people of the territory, even during their territorial existence. Let us test the soundness of this theory by a few practical applications. The expression "the people of a territory" is one of very uncertain signification as to numbers. It may mean one hundred thousand, or it may mean one thousand or one hundred. The question naturally presents itself, when does this right of sovereignty commence? Is it with the first man who reaches the territory? May he prescribe rules and regulations for those who come after him? or must there be a thousand or fifty thousand, or a greater or a less number, before the rights of sovereignty attach?

Perhaps we are told that the sovereignty begins when the people assemble to make laws. Very well; let us put this theory into practical operation. Ten thousand French emigrants have settled, let us suppose, at the base of the Rocky Mountains, without the limits of any organized state or territory of the United States, and they are without government or laws. They make laws for themselves, and you acquiesce; they set up a government for themselves, and you admit their right; they claim the sovereignty over the territory and set up an independent state government, and you admit their power to do so. You expect them to ask admission into the Union, but the new sovereignty says no, we prefer independence, or we prefer to become an integral part of the French republic. What will you do under such circumstances? Can you force her to abandon her acknowledged independence? Can you force her into the Union against her will? What! require a sovereign to pursue your will and not her own? This would indeed be revolution.

If California is in fact, as she is admitted by some to be in theory, an independent sovereignty, I see nothing which is to prevent her remaining out of the Union if she elects to do so. I see nothing which may prevent her, if she chooses, allying herself to any other nation or country. I know of no right by which this government may take from her the independence, the sovereignty which she now possesses, if indeed she be a state without the Union.

The tenure by which we hold our territorial possession is indeed most fragile, if this doctrine of territorial sovereignty can be maintained. We may expend millions of treasure, and pour out rivers of our purest and best blood in the acquisition of territories, only to see them taken possession of, and ourselves turned out, by the first interloper who may chance to plant his foot upon them.

I am always glad of an opportunity to do the fullest justice to a political opponent, and in this spirit I beg leave to say, that, in my judgment, Mr. Clay, in a late speech in the Senate, took the true ground on this subject. He denied that California was a state, or that she could become so out of the Union. He maintained the right of the people to self-government, but denied the validity or binding force of their written constitution, until the state should be admitted into the Union. Will the reader recollect this, as I shall have occasion to use it in another connection.

Let us pause for a moment to consider the honesty and sincerity of purpose with which the lofty pretension has been set up in certain quarters, that the people have a right to regulate, arrange, and mould their institutions to suit themselves. In the early part of last year, the people inhabiting a large portion of our unoccupied possessions in what was then known as New Mexico and California, met in convention and framed a state constitution, giving the name of DESERET to their country. They defined their boundaries, and included within their limits a large extent of Pacific coast. Their constitution was in every element essentially republican. They sent their agent to Washington, with a modest request that the constitution thus formed should be accepted, and the state of Deseret admitted into the Union. How this application was treated we shall presently see. Later in the same year, the people of New Mexico formed a territorial government, and sent their delegate to Washington to present their wishes, and, if permitted, to represent their interests. In the summer of the same year, and several months after the Deseret convention, the Californians held their convention. They extended their boundaries so as to monopolize the whole Pacific coast, in total disregard of the prior action of Deseret. And then, in contempt of the modest example of her two neighbors, she sends, not an agent or a delegate to Washington, with a civil request, but she sends up two senators and two representatives, with a bold demand for instantaneous admission into the Union.

What followed? The President made two earnest appeals to Congress to admit California, and he told us plainly to leave the others to their fate. Not only does he fail to give them a friendly salutation, but he in truth turns from them in scorn. Not a word does he utter in their behalf, or in defence of their independent conduct. Their modesty failed to commend them to his paternal notice.

In Congress, and throughout the country, a general outcry is now heard in favor of California. Everywhere throughout the length and breadth of the land, the cry of California, glorious California, is heard. It comes to us from the east and from the west, from the north and (I am pained to say) in some instances from the south. If any man has dared to interpose the slightest objection to the immediate admission of California—if any one has hesitated about yielding to California all that she so boldly demands, he has been denounced, black-balled, hooted at, and almost driven from society. Meantime no voice has been heard in defence of the rights of New Mexico and Deseret. They, too, assume to settle their own affairs in their own way. Yet no whisper of encouragement and hope greets their modest agent and delegate at Washington. The great national voice is engaged to sing and shout for California. Why has this been so? Why this marked distinction between these several parties? The people, we are told, have a right to act for themselves. California acted for herself, Deseret for herself, and New Mexico for herself; and yet, amid the din and clamor in favor of California, we have lost sight of her more retiring and modest sisters. Why is this? I'll tell you, fellow-citizens. Deseret and New Mexico did not insult the South by excluding slavery. With a becoming modesty they were silent on this subject. California, influenced by unwise counsels, flung defiance in your teeth, scoffed at your rights, and boldly threw herself into the arms of the North. Here is the secret of all this boiling and bubbling in favor of California, and here, too, may be found the end of the great doctrine that the people may settle the slavery question for themselves. If they settle it against the South it is well, and if they do not it is no settlement at all.

Ah! but we are told there is a vast difference between these territories; New Mexico and Utah have but few inhabitants, and California has many thousand—some say one hundred thousand and some say two hundred thousand. I do not understand that because a people are fewer in number, that therefore they have no political rights, whilst a greater number may have every right. But how stands the case in regard to these hundreds of thousands of people in California? We all know that the emigration to that country has been confined to hardy male adults, robust men. In most cases their families and friends have been left in the states, to which, in four cases out of five, they themselves have intended to return. At the elections last summer they voted about twelve thousand, and later in the fall, on the important question of adopting a state constitution, with the ballot box wide open and free for every vote, they polled less than thirteen thousand. I should like to know where the balance of this two hundred thousand were. At least one hundred and fifty thousand of them, I suspect, were never in the country, and the rest regarded the whole thing as a ridiculous farce, with which they had nothing to do. And this is the state and these the people who have excluded slavery, and sent two senators and two representatives to Washington.

You will have no difficulty in determining in your own minds that I am opposed to allowing the people of the territories to settle this question, either for us or against us. It is a matter with which they have no concern. The states are equals and have equal rights, and whatever tends to impair or break down that equality, always has and always shall encounter my stern and inflexible opposition.

My position in reference to congressional action on this subject is easily explained. I am for non-intervention—total, entire, unqualified non-intervention. Leave the people of all the states free to go with their property of whatever kind, to the territories, without let and without hindrance, and I am satisfied. But this I must say, that whenever Congress undertakes to give protection to property in the territories, on the high seas, or anywhere else, there must be no insulting discrimination between slave property and any other species of property. To say that Congress may protect the northern man's goods in California, but that Congress shall not protect the southern man's slaves, is intervention. It is intervening for the worst ends, and in the most insulting

manner.

We have been told, fellow-citizens, that we once said the people of a territory, when they come to make a state constitution, might settle the slave question for themselves, and that we have now abandoned that ground. Not so-I speak for myself. I have always maintained, and I maintain to-day, that the people of a territory, when duly authorized to form a state constitution, may settle this and all other questions for themselves and according to their own inclinations. But was California duly authorized? Where did she get her authority? We have been told that she got it from the Almighty. This is very well if it is so. But it would be more satisfactory to me to know that she got it from the proprietors of the soil, and that her action had been subordinate to the Federal Constitution.

I have no inclination to discuss this point at length. Whenever it can be shown that California has been subjected to the same ordeal through which Mississippi, Arkansas, Florida, and other slaveholding states have been compelled to pass, I will, if in Congress, vote for her admission into the Union, without a why or wherefore, as concerns slavery. But it is asking of me a little too much to expect that I shall vote for her admission, under all the remarkable circumstances attending her application, until she has passed this ordeal.

If it shall be shown that I am getting a fair equivalent for surrendering your rights in California, you may reasonably expect me, in your name, to favor a compromise. The great national mind wants repose, and I for one am ready for any arrangement which may afford a reasonable augury of a happy adjustment of our differences. This brings me to a brief review of Mr. Clay's so called compromise scheme.

The leading bill presented by Mr. Clay from "the Committee of Thirteen" contains three distinct and substantive propositions: First, the admission of California. In this, as in every other scheme of settlement tendered to the South, California, in all her length and breadth, stands first. Secondly, we are offered territorial governments for New Mexico and Utah (Deseret that was), without the Wilmot proviso; and thirdly, we have a proposition to dismember Texas, by cutting off enough of her northern possessions to make four states as large as Mississippi, and for the privilege of doing this we are to pay millions of dollars. The suggestions for filling this blank have varied from five to fifteen millions of dollars.

I have already suggested some reasons why the admission of California, as an independent proposition, ought not, in my judgment, to receive your sanction. I now propose to inquire whether the union of these three measures in one bill makes the whole, as a unit, more worthy of your consideration and support. All the objections to the admission of California stand out in the same force and vigor in Mr. Clay's bill as in all former propositions for her admission. We are asked to make the same sacrifice of feeling and of principle which we have so often and so long protested we would not make—unless indeed it shall be shown that we are getting a fair equivalent for these sacrifices. Mr. Clay has himself told us, in effect, that we were making these sacrifices. He has told us, as I remarked to you in another place, that California was not a state, and could not become so out of the Union. That, in truth, her constitution had no binding force, as a constitution, until the state was admitted into the Union. The constitution of California contains the anti-slavery clause, the "Wilmot proviso." But the constitution is a dead letter, so far as we are concerned. It has no vitality, no binding effect until the state is admitted. Congress admits her, and by the act of admission puts the proviso in force—gives it activity and life. Who, then, but Congress is responsible for the active, operative "proviso"—for that proviso which excludes you from the country? Congress and Congress alone is responsible. You can now understand more fully what I meant, when I signed a letter to his excellency the governor, saying, "that the admission of California was equivalent to the adoption of the Wilmot proviso." The northern people understand this, and to a man they are for her admission.

The question now is, are we offered any adequate consideration for making this sacrifice of feeling and of principle? This is a question worthy of the most serious and critical examination.

By the terms of the resolutions, annexing Texas to the United States, it is expressly provided "that such states as may be formed out of that portion of her territory lying south of the parallel of 36° 30′ north latitude, shall be admitted into the Union with or without slavery, as the people of each state asking admission may desire." And it is as expressly stipulated, that "in such STATE or STATES as may be formed out of said territory lying north of that line slavery shall be prohibited." In pursuance of these resolutions Texas came into the Union. The South consented to this arrangement, and to-day, as at all former periods, I am ready to abide by it.

Examine these resolutions, and what do we find? A clear and distinct recognition of the title of Texas to the country up to 36° 30′, as slave territory, for it is stipulated that the people may determine for themselves, at a proper time, whether slavery shall or shall not exist in all the country below that line. Nay more, the rights of Texas above this line are admitted; for it is expressly provided that in the STATE or states to be formed out of the territory north of 36° 30', slavery shall be prohibited, but not until such state or states ask admission into the Union. We have, then, the clearest possible recognition of the title of Texas up to 36 ½° as slave territory, and to sufficient territory above that line to make one or more states.

Now, what do we hear from the North? That Texas never had any just claim to any part of this territory; that it always did, and does now belong to New Mexico. But, as Texas is a young sister, and one with whom we should not deal harshly, we will give her —— millions of dollars for her imaginary claim. Mr. Benton, in the exuberance of his liberality, offers fifteen millions of dollars; and other gentlemen, less ardent, propose smaller sums. But our present dealing is with Mr. Clay's plan for a compromise.

If the reader has a map, I beg that he will first trace the line of thirty-six degrees and thirty minutes, north latitude; and then fix his eye on the north-eastern boundary of Texas at the point where the one-hundredth parallel of longitude crosses the Red River; and, from this point, run a direct line to a point twenty miles above El Paso, on the Rio Grande; and between these two lines, he will have the slave territory which Mr. Clay's compromise proposes to sell out. It will be seen, on comparison, that this territory is nearly twice as large as the state of Mississippi. Whether five or fifteen millions of dollars are given for it, it is needless to say we shall have to pay more than our due proportion of the money.

To me, it is not a pleasant thing to sell out slave territory, and pay for it myself; and I confess that this much of the proposed bargain has not made the admission of California a whit more palatable to me.

I say nothing of Texas above 36° 30'; that country was virtually surrendered to abolition by the terms of the Texas annexation. If Texas thinks proper to give it or sell it to the Free-Soilers, in advance of the time appointed for its surrender, I make no objection. But all the South has a direct political interest in Texas below this line of 36° 30'; and I do not mean to surrender your interest without a fair equivalent.

What is to be the destiny of this territory, if it is thus sold out, and what its institutions? It is to become an integral part of New Mexico, and I risk nothing in saying it will be dedicated to free soil. Its institutions will be anti-slavery. If the character of the country was not to undergo a radical change in this respect, or if this change was not confidently anticipated, we all know that the northern motive for making this purchase would lose its existence. As the country now stands, it is protected by the annexation resolutions against all congressional interference with the question of slavery. Transfer it to New Mexico, and we expose it to the dangerous intermeddling which has so long unhappily afflicted that and all our territorial possessions.

This brings me to the only remaining proposition in Mr. Clay's compromise bill—that to establish territorial governments for New Mexico and Utah, without the "Wilmot proviso." If this were an independent proposition, tendered in good faith, and accepted by the North with a fixed purpose to abide by it, I have no hesitation in saying it would receive my cordial support. I repeat what I have often said, that whilst I shall resist the exclusion of slavery by congressional action, I have no purpose or design to force or fasten it upon any country through the agency of Congress. Whilst I demand that Congress shall not oppose our entrance into the territories with our slaves, I do not ask it to assist us in going there. All I ask is, that we may be treated as equals—that no insulting discrimination shall be drawn between southern and northern people—between southern property and northern property.

How is this proposition regarded by the northern men to whom it is tendered, and by whom it may be accepted? The spirit in which it is accepted is a part of the res gesta; and I therefore press the inquiry, in what light is the proposition regarded ?—in what spirit will it be accepted, if it is accepted at all, by northern men? When we shall have answered this inquiry, it will be seen whether there is leaven enough in this little lump to leaven the whole loaf.

Mr. Webster is positive that we can never introduce slaves into the territory. "The laws of God," he thinks, will for ever forbid it. He, and those who go with him, will not vote for the "proviso," because it is unnecessary. They are opposed, uncompromisingly opposed, to the introduction of slaves into the territories; and they are ready to do anything that may be found necessary to keep them out. It is easy to see what they will do, if we commence introducing our slaves. They will at once say, "the laws of God" having failed us, we must try what virtue there is in the "Wilmot proviso." Mr. Clay and those who follow him are quite certain that "we are already excluded by the laws of Mexico." They, too, are opposed to the introduction of slavery into the territories, and stand ready to see it excluded. The northern men who stand out against the compromise, insist, and will continue to insist, on the Wilmot proviso, as the only certain guarantee that slavery will be permanently excluded. All, all are opposed to our going in with our slaves, and all are ready to employ whatever means may be necessary to keep us out. I assert the fact distinctly and emphatically, that we are told every day that if we attempt to introduce our slaves at any time into New Mexico or Utah, there will be an immediate application of the "Wilmot proviso," to keep us out. Mark you, the proposition is to give territorial governments to New Mexico and Utah. These are but congressional acts, and may be altered, amended, explained, or repealed, at pleasure.

No one here understands that we are entering into a compact, and no northern man votes for this compromise, with the expectation or understanding that we are to take our slaves into the territories. Whatever additional legislation may be found necessary hereafter to effect our perfect exclusion, we are given distinctly to understand will be resorted to. But there is yet another difficulty to be overcome, a more serious obstacle than either "the laws of God," as Mr. Webster understands them, or "the laws of Mexico," as understood by Mr. Clay. In regard to the first, I think Mr. Webster is wholly mistaken, and if he is not, I am willing to submit; and in regard to the second, I take the ground, that when we conquered the Mexican people, we conquered their laws. But Mr. Clay's bill contains a provision as prohibitory as the "proviso" itself. The territorial legislature is denied the right to legislate at all in respect to African slavery. If a master's slave absconds, no law can be passed by which he may recover him. If he is maimed, he can have no damages for the injury. If he is decoyed from his service, or harbored by a vicious neighbor, he is without remedy. A community of slaveholders may desire to make laws adapted to their peculiar wants in this respect, but Congress, by this compromise of Mr. Clay's, denies them the right to do so. They shall not legislate in regard to African slavery. What now becomes of the hypocritical cant about the right of the people to regulate their own affairs in their own way?

With these facts before us, it becomes us to inquire how much we give and how much we take, in voting for Mr. Clay's bill. We admit California, and, being once in, the question is settled so far as she is concerned. We can never get her out by any process short of a dissolution of the Union. We give up a part of pro-slavery Texas, and we give it beyond redemption and for ever. Our part of the bargain is binding. Our follies may rise up and mock us in after times, but we can never escape their effects. This much we give; now what do we take? We get a government for New Mexico and Utah, without the Wilmot proviso, but with a declaration that we are excluded already "by the laws of God and the Mexican nation," or get it with a prohibition against territorial legislation on the subject of slavery, and with a distinct threat constantly hanging over us, that if we attempt to introduce slaves against these prohibitions, the "Wilmot proviso" will be instantly applied for our more effectual exclusion.

Such is the compromise. Such is the proposed bargain. Can you, fellow-citizens, expect me to vote for it? Will you demand of your representative to assist in binding you hand and foot, and turning you over to the tender mercies of the Free-Soilers?

It is said, we can get nothing better than this. But is that any sufficient reason why we should vote for it ourselves? If I am beset with robbers, who are resolved on assassination, must I needs lay violent hands on myself? or if my friend is in extremis, must I strangle him? We can get nothing better, forsooth! In God's name, can we get anything worse? It is said that if we reject this, they will pass the "Wilmot proviso." Let them pass it; it will not be more galling than this. If the proviso fails to challenge our respect, it at least rises above our contempt. If it ever passes, it will be the Act of the American Congress of men learned in the law, and familiar with the abstruse readings of the Constitution. It will be done deliberately, and after full reflection. It will not be done by adventurers on the shores of the Pacific, who seem to know but little of our Constitution or laws, and to care less for our rights.

I have heard it said that it will be dangerous to reject the application of California for admission into the Union. Already she is threatening to set up for herself, and if we reject her, she will withdraw her application and establish herself as an independent republic on the Pacific. Let her try it. We have been told that if the South refuse to submit to the galling insults and outrageous wrongs of the North, the President will call out the naval and military power of the nation, and reduce us to submission. When California asserts her independence, and sets up her republic on the Pacific, we shall see how quick the President will be to use this same military and naval force, in bringing her back to her allegiance. These threats have no terrors for me.

As I could respect the reckless and bold robber who, unmasked, presents his pistol and demands my money or my life, above the petty but expert pickpocket, who looks complaisantly in my face while he steals my purse,—so can I respect the dashing and dare-devil impudence of the Wilmot proviso, which robs the South, and takes the responsibility, above the little, low, cunning, sleight-of-hand scheme, which robs us just as effectually, and leaves us wondering how the trick was performed.

So long as I remain in your service, fellow-citizens, I will represent you faithfully, according to my best judgment. In great emergencies like this, I feel the need of your counsel and support. It would give me pain, if any important vote of mine should fail to meet your approbation. Whilst I shall never follow blindly any man's lead, nor suffer myself to be awed by any general outcry, I confess myself not insensible to the applause of my countrymen. In a great crisis like the present, men must act, responsibility must be taken, and he is not fit to be trusted who stops in the discharge of his high duties to count his personal costs.

I cannot vote for Mr. Clay's compromise bill. With very essential changes and modifications, I might be reconciled to its support. These I have no hope of obtaining, and I therefore expect to vote against it. Like the fatal Missouri compromise, it gives up everything and obtains nothing; and like that and all other compromises with the North, it will be observed, and its provisions maintained, just so long as it suits the views of northern men to observe and maintain them, and then they will be unscrupulously abandoned.

It will give me great pleasure to find myself sustained by my constituents, in the votes I intend to give. My head, my heart, my every thought and impulse admonish me that I am right, and I cannot doubt or hesitate.

Your fellow-citizen,

A. G. BROWN.

WASHINGTON CITY, May 13, 1850.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 178-90

Senator Salmon P. Chase to [Milton Sutliff?], November 17, 1850

Private.

Cincinnati, Nov. 17, 1850.

My Dear Sir, Your letter, like the “royal Charlie” of the Cannie Scots “was long in coming.” It was dated Nov. 7 and I only recd. it yesterday.

I am much obliged to you for it; and like your general views. I do not believe that the Free Democrats, if they act prudently, will be put to the necessity of voting for any man such as Wade or any counterpart in the Old Line Democracy for Senator for the full term. I should dislike greatly to see them descend so far from the position which Morse, Townshend, Smart & Swift maintained under worse circumstances in 1848-9. I would almost say that I would prefer a Coalition between the Hunkers of both sides, to such a descent. But our friends in the Legislature must judge for themselves The responsibility is upon them. I am assured by Capt Radter, who was one of the Chief Engineers of the “Peoples Line” last winter that he went into it with great reluctance, and that if he & his fellow democrats had been met with the liberality and openness, which Townshend & Morse displayed the winter before it would never have been organized. Cooperation between Free Democrats & Old Line Democrats is more natural than Cooperation between either & Whigs because there is more agreement of principle; and I have so great confidence in the power of principles, that I do not doubt that a union, on right ground & honorable terms for both sides, can be had, if our friends go to work in the right spirit, and in a liberal temper, maintaining their principles firmly, & letting it be seen distinctly that their action is governed by a paramount regard to them.

I suppose the most important first step will be to determine who shall compose the Free Democratic Caucus. The rule, proposed by Dr. Townshend, two years ago is I think the true one: that all who claim to participate in its proceedings shall subscribe a declaration that they hold, as of paramount importance, the political principles of the Buffalo & Columbus Platforms, and will support no candidates for the Presidency or Vice Presidency who are not able & avowed opponents of the Extension of Slavery into New Mexico & Utah, but will act with the Party which holds these principles and whose Candidates occupy that position, namely the Free Democracy; and that they will act together as members of the Legislature so far as they conscientiously can after mutual consultation. This seems to me now and seemed to me then as far as honest men can go, and no farther than any sincere free democrat would cheerfully go.

I suppose that the Senate Caucus constituted on this principle will embrace yourself, Pardee, Randall & I suppose Lyman: and that the House Caucus will embrace Morse, Plumb, Pore, Bradley, Kent Johnson, of Medina, Thompson of Lorain & Williamson. You will find Pardee I suppose agreeing fully with you, and Randall will probably agree with you generally. I hope Mr. Lyman may also do so, but I do not know him & have heard that he may feel himself under obligation to the Whigs. I wish you could see Randall, and converse with him. A great deal will depend on his course. He has done much mischief heretofore, I fear, by his action under bad advice & influence. But I trust Beaver & Blake being out he may do well, follow in the convictions of his own judgment, which, if he will trust it fully & boldly will, I believe, guide him safely. In the House the Free Democrats of radical sympathies will have a clear majority in Caucus. They will only need to act cautiously but firmly, looking before them carefully and not fearfully.

The French say “it is the first step that costs.” This is true. The beginning is full brother to the end generally.

If the session begins right, in mutual good will & cooperation between the Free Democrats & Old Line, I shall hope the best results. One side having the Speaker and the other the Clerk in each House, & the subordinate officers of the organization being fairly distributed, and the Committees fairly arranged every thing will, I trust, go well.

I have no personal interest in the result; but a very deep concern in the ascendancy of free democratic principles. May God grant that truth and reason and justice may govern: and that if 1 am mistaken I may be overruled.

I enclose some resolutions which it seems to me the Free Dems & Old Liners can agree on. Without the use of any violence of language they cover the entire ground.

I expect to be in Cleveland by noon Thursday & stay till Friday morn I wish I could meet you and some other friends there.

[Enclosure.]

Resolved  That the Constitution of the United States established a General Government of limited powers, expressly reserving all powers, not thereby delegated, to the States and to the People.

Resolved, That among the powers delegated to the General Government by the Constitution, that of legislating upon the subject of fugitives from service is not to be found; while that of depriving any person of life, liberty or property without due process of law is expressly denied.

Resolved That in the judgment of this General Assembly, the Act of Congress in relation to fugitives from service, approved Septr. 18, 1850 is unconstitutional not merely for want of power to Congress to legislate on the subject, but because the provisions of the act are in several important particulars repugnant to the express provision of the Constitution.

Resolved That it is the duty of the Judges of the Several Courts of this State to allow the Writ of Habeas Corpus to all persons applying for the same in conformity with the laws of this State, and to [sic] conform in all respects to subsequent proceedings to the provisions of the same.

Resolved, That while the Constitution of the United States confers on Congress no power to interfere with the internal legislation of the Several States and consequently no power to act within State limits on the subject of slavery it does require that Congress, whenever, beyond the limits of any State, it has exclusive legislative power, [sic] shall provide, efficient securities for the personal liberty of every person unconvicted of Crime.

Resolved, That it is the duty of Congress to repeal all acts by which any person is deprived of liberty without due process of law and especially all acts by which any person is held in Slavery in any place subject to exclusive national jurisdiction.

_______________

* Lent by Mr. Homer E. Stewart, Warren, Ohio.

SOURCES: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 220-3; Journal of the Senate of the State of Ohio, Volume 49, For the First Session of the Forty-ninth General Assembly, Commencing on Monday December 2, 1850, p. 47.

EDITOR'S NOTE: The recipient of this letter is not stated, however, Ohio Senator Milton Sutliff introduced to above resolutions in the Ohio Senate on December 11, 1850, making it highly likely this letter was addressed to Mr. Sutliff,

Senator Salmon P. Chase to Edward S. Hamlin, August 14, 1850

Washington, Aug. 14, 1850.

My Dear Hamlin, I find your letter of the 11h of July among my unanswered letters but my impression is very strong that I have answered it. Is it so or not?

I wrote you a day or two since enclosing a recommendation of Th. K. Smith by Donn Piatt for Collector at Cincinnati. — Smith was a student in our office, and always did well what I wished him to do. He has good talents, but was, at one time, rather given to idling away his time. In this I think he has reformed since his marriage. He is poor & has his father's family to support. If you can give him the office I feel persuaded he will discharge its duties well, and do no discredit to your selection. That I shall be gratified by it I need not add. The only thing I know to Smith's disadvantage was his association as law partner with Read & Piatt which is somewhat to his discredit if not damage of his liberty principles.

Well — we have passed in the Senate a bill for the admission of California at last. After organizing Utah without the proviso &, what was ten times more objectionable, a bill giving half New Mexico and ten millions of dollars to Texas in consideration of her withdrawing her unfounded pretension to the other half, we were permitted to pass the California admission bill. The Texas Surrender Bill was passed by the influence of the new administration which is Hunker & Compromise all over. The Message of Fillmore asserting the right of the United States and declaring his purpose to support it and then begging Congress to relieve him from the necessity of doing so by a compromise—that message did the work. That message gave the votes of Davis & Winthrop, of Mass — Clarke & Greene of R. I. Smith of Conn. & Phelps of Vermont to the Bill.

I hardly know what to wish in regard to the Cleveland Convention. Luckily this is the less important as my wishes have very little influence with the Clevelanders. I am persuaded that the Jeffersonian democracy will be bound to take distinct ground against the Hunkers who are straining every nerve to put Cass into the field again, and may succeed in nominating Woodbury, who is more objectionable. We must adhere to our principles, and, so long as those principles and the course of action which fidelity to them requires are not recognized by the Old Line Democrats, to our organization also. Perhaps a nomination for Governor would be useful at this time — especially if the right kind of a man and upon a reaffirmation of the democratic Platform of '48. In the National Contest which is impending I think Benton will go with us against the Hunkers, if they drive us to a separation.

I shall send this to Olmsted, expecting it will find you there. Wherever it may find you write me soon. There is no prospect of adjournment before September.

Since writing this letter last night, I have recd your last this morning. I thank you for it—now you are in my debt — remember.

SOURCE: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 216-7

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