and BELL to a select committee of thirteen, and adopted. Yeas 30, Nays 22, as follows:

YEAS-Atchison, Badger, Bell, Borland, Bright Butler, Cass, Clay, Clemens, Davis (Miss) Dickinson, Dodge (of Iowa), Downs, Foote, Hunter, Jones, King, Mangum, Mason, Morton, Pearce, Rusk, Sebastian, Soule, Spruance, Sturgeon, Turner, Underwood, Whitcomb, Yulee.

NAYS Baldwin, Benton, Bradbury, Chase, Clarke, Corwin, Davis (Mass) Dayton, Dodge (Wis), Douglass, Felch, Greene, Hale, Hamlin, Miller, Norris, Phelps, Seward, Shields, Smith, Walker, Webster.

The following day the Senate proceeded to ballot for the Chairman of the Select Committee upon the Compromise resolutions of

Mr. BELL and Mr. CLAY. On the first ballot Mr. CLAY had 28 votes, BELL 1, BENTON 1, MANGUM 1, blank 4.

So Mr. CLAY was declared elected.

of annexation should be complied with. They do not, however, consider that the formation of these new States should originate with Congress. In conformity with usage, the initiative should be taken, with the consent of Texas, by the people of her territory. When they present themselves for admission, and have decided upon the the purely municipal question of slavery within their own limits, Congress is bound to accept that decision.

With regard to the question of the admission of California, a majority of the Committee are of opinion that all irregularities in her application should be overlooked, in consideration of the omission of Congress to provide a proper territorial Government, and the conSequent necessity of framing one for herself. The sole condition required by the Constitution of the United States in respect to the admission of a new State, is that its Constitution should be republican in form. That of California is such. Neither can there be ob

From this Committee, May 8, Mr. CLAY presented the following report.

From the thorough discussion which these subjects have received in the Senate and throughout the country, the Committee deem it unnecessary to give the motives and views which have determined their conclusions on these questions. They would restrict themselves to a few general observations and reflections. Their object in this report was to adjust all the differences arising from our late territorial acquisitions, in connection with the institution of slavery. They wished to leave nothing behind to rankle in the public mind.

The first subject that presented itself to their attention was the Texas controversy. The resolution of Congress annexing Texas to the United States, provides that additional States, not exceeding four in number, may, by consent of Texas, be formed out of her territory, and that such of these States as shall lie south of 36° 30' north latitude, commonly known as the Missouri compromise line, shall be admitted, with or without slavery, as they shall severally choose.

The Committee are unanimously of opinion that the compact with Texas contained in this resolution is clear and absolute. It has been urged that it was unconstitutional. But it was also declared at the time of the treaty of Louisiana, that the annexation of that province was unconstitutional, and who would now think of opposing the admission of the new States constantly forming within its ancient limits? In grave national transactions, differences may exist in their earlier stages; but when once consummated, prudence and safety demand acquiescence in the decision. The Committee consequently think that the terms

even greater than has heretofore been deemed sufficient for the admission of new States. With respect to her boundaries, the Committee regret the want of accurate geographical knowledge; but extensive as her limits are, they appear to embrace no very disproportionate quantity of land adapted for cultivation. It is known that they contain extensive ranges of mountains, deserts of sand, and much unproductive soil. The front assigned on the Pacific might have been more limited, but it is not certain that to States formed by thus curtailing her sea-board, a sufficient extent of accessible interior could have been given. Should the necessity arise, from the increase of her population and a more thorough exploration of her territory, to form a new State out of California, they believe from past experience that such a measure would meet

with no obstacles.

A majority of the Committee, therefore, recommend to the Senate the passage of the bill reported by the Committee on Territories for the admission of California, as a State, into They would advise also the adoption of the amendment to the bill, securing to the United States the public domain, and other public property, in California.

the Union.

Whilst a majority of the Committee believe it to be necessary and proper, under actual circumstances, to admit California, they think it quite as necessary and proper to establish governments for the residue of the territory derived from Mexico, and to bring it within the pale of the federal authority. The remoteness of that territory from the seat of the genera! Government; the dispersed state of its population; the variety of races-pure and mixed-of which it consists; the ignorance of some of the races of our laws, language, and habits; their exposure to the

inroads and wars of savage tribes; and the solemn stipulations of the treaty by which we acquired dominion over them, impose upon the United States the imperative obligation of extending to them protection, and of providing for them government and laws suited to their condition. Congress will fail in the performance of a high duty, if it does not give, or attempt to give, to them the benefit of such protection, government, and laws. They are not now, and, for a long time to come, may not be, prepared for State government. The territorial form, for the present, is best suited to their condition. A bill has been reported by the Committee on Territories, dividing all the territory acquired from Mexico, not comprehended within the limits of California, into two territories, under the names of New Mexico and Utah, and proposing for each a territorial government.

The Committee recommend to the Senate the establishment of those territorial goverments; and, in order more certainly to secure that desirable object, they also recommend that the bill for their establishment be incorporated in the bill for the admission of California, and that, united together, they both be passed.

Exception has been taken to what is called the incongruity of the combination of these two measures in the same bill. A majority of this Committee see nothing incongruous in this combination, but are aware of many considerations that mark it with a peculiar propriety. The object of these measures is, respectively, the establishment of a government for the new State, and the new Territories. Originally provinces of one mother country, they were ceded to the United States by the same treaty. The same article in that treaty guaranteed them protection and good government. Conterminous in some of their boundaries, alike in their physical condition, they present, with the exception of the rapid increase of population in California, a common attitude towards the rest of the Union.

rit prevail. It was founded on mutual concession, and by mutual concession alone can it be preserved. The territorial bill, in itself, is marked by this species of compensation. It omits the Wilmot Proviso, that fruitful source of agitation; while, on the other hand, it makes no provision for the introduction of slavery. This Proviso, so productive of discord, experience has shown to be practically unnecessary for the accomplishment of its professed objects. California, in which the introduction of slavery was most feared, has, by the unanimous action of her own convention, expressly prohibited that institution, and there is every reason to believe that Utah and New Mexico, on their admission as States, will follow the example.

Neither is there any aggrievement to California in thus coupling the question of her admission with other subjects, for her best dignity should be found in her power to restore tranquillity to the great family of her sister States.

The next subject on which the Committee report is that of the Northern and Western boundary of Texas. A majority of the Committee recommend that the boundary of Texas be recognized to the Rio Grande, and up that river to the point commonly called El Paso, and running thence up that river twenty miles, measured thereon by a straight line, and thence eastwardly, to a point where the hundredth degree of west longitude crosses Red River; being the southward angle in the line designated between the United States and Mexico, and the same angle in the line of the territory set apart for the Indians by the United States. In addition to this concession by the United States, it is proposed that Texas receive for her relinquishment of whatever claims she may have to any part of New Mexico, the pecuniary equivalent of millions of dollars, to be paid in a stock to be created, bearing five per cent interest annually, payable half yearly, at the treasury of the United States, and the principal reimbursable at the end of fourteen years. It is estimated that the territory to which Texas will thus relinquish her claims, and which embraces that part of New Mexico lying east of the Rio Grande, includes a little less than 124,933 square miles, and about 79,957,120 acres of land. From the sale of this land the United States may be reimbursed a portion, if not the whole of the amount thus advanced to Texas.

from Mexico will be placed in a train of satisfactory adjustment.

The Committee next report on the subject of fugitives from labor. The Constitution explicitly declares that no person, held to service in one State, under the laws thereof, shall, by escaping into another, be discharged, in consequence of any law, or regulation, therein, from such service, but shall be delivered up on the claim of the party to whom such service is due. This clause, so plain and obligatory, is addressed alike to the States composing the Union, and to the General Government. Its enforcement is the duty of both. At present, it is notorious that the attempt to recapture a slave is attended by great personal hazard. Perilous collisions constantly ensue. The law of 1793 has been found wholly ineffectual in prevention of this state of things, and the Committee recommend more stringent enactments. The proceedings for the recovery of the fugitive should be summary. Trial by jury has been required for them in the non-slaveholding States; but, were this granted, it would draw after it its usual consequences of delay and increased expense, and, under the name of a popular and cherished institution, there would be a complete mockery of justice, so far as the owner of the slave is concerned. A trial by jury, however, would be less objectionable in the State claiming the fugitive. Accordingly, the Committee recommend that the claimant be placed under bond, and be required to return the fugitive to that county in the State from which he fled, and there to take him before a competent tribunal, giving him all facilities for establishing his freedom.

The Committee hope that, in this way, all causes of irritation, consequent on the recovery of fugitives, will be removed. Should, however, these measures, in their practical operation, prove insufficient, they consider that the owners of such slaves will have a just title to indemnity out of the Treasury of the United States.

The Committee finally report on the questions of slavery, and the slave-trade, in the District of Columbia. Without discussing the power of Congress to abolish slavery within the District, they are of opinion that its abolition is inexpedient. The apprehension and uneasiness it would excite in the slave States, the constant decrease of the slave population in this District, and the probability that this concession would lead to farther demands, stamps such a measure as unneces sary and unwise.

But a majority of the Committee think differently, with regard to the slave-trade within the District. This trade is as revolting to the feelings of slaveholders, as to those from the Northern States. Most, if not all, of the

slaveholding States have prohibited a trade in slaves, as merchandize, within their own limits; and Congress, standing in regard to the people of this District in the same position that the State Legislatures do to the people of the States, may safely follow the example. The Committee recommend that this traffic be abolished.

The views and recommendations contained in this report may be recapitulated in a few words:

1. The admission of any new State, or States, formed out of Texas, to be postponed until they shall hereafter present themselves to be received into the Union, when it will be the duty of Congress, fairly and faithfully, to execute the compact with Texas, by admitting such new State, or States.

2. The admission, forthwith, of California into the Union, with the boundaries she has proposed.

3. The establishment of territorial governments, without the Wilmot Proviso, for New Mexico and Utah, embracing all the territory recently acquired by the United States from Mexico, not contained in the boundaries of California.

4. The combination of these two last-mentioned measures in the same bill.

5. The establishment of the western and northern boundary of Texas, and the exclusion from her jurisdiction of all New Mexico, with the grant to Texas of a pecuniary equivalent. And the section for that purpose to be incorporated in the bill, admitting Califor nia, and establishing territorial governments for Utah and New Mexico.

6. More effectual enactments of law to secure the prompt delivery of persons bound to service, or labor, in one State, under the laws thereof, who escape into another State.

And 7. Abstaining from abolishing slavery; but, under a heavy penalty, prohibiting the slave trade in the District of Columbia.

May 13.

The Senate having under consideration the bill to admit California, as a State, into the Union, to establish territorial governments for Utah and Mexico, and for making proposals to Texas for the establishment of her Western and Northern boundaries, Mr. CLAY spoke as follows:

He wished to give some explanation concerning the report of the Committee of Thirteen. When that report was presented to the Senate, various members stated that it did not meet, in all its parts, with their concurrence.

This was true. No one member of the Committee concurred in all that was done, or omitted to be done by the Committee. But these differences were no source of discouragement to him. In the passage of the measure through this branch of Congress, there was

room

for its modification. But even if it should not be so modified, he felt confident that there would finally be a unanimous concurrence of the Committee in its favor, and a large majority in the Senate.

The first measure on which they reported, was that concerning the compact between the United States and Texas, on the occasion of the admission of that State into the Union.Here there was an undivided opinion. Two Senators made the reservation that they should not consider themselves bound in every condition of things, to vote for the admission of those States thus carved out of Texas, but united heartily in this as the true exposition of the compact.

The question of the admission of California, continued Mr. Clay, was the one that gave the most difficulty to the Committee. It was insisted that, if admitted at all, it should be with one representative; that there was no sufficient evidence that her population entitled her to more. But accurate testimony could hardly be demanded in this case. Neither did usage call for the strict fulfilment of the law. Neither Georgia nor Texas, on their admission, had a population proportioned to the number of their representatives, but it was known that the rapid influx of emigration would shortly remove the difficulty, and the irregularity was overlooked.

There seems an error existing, said Mr. Clay, with regard to the requisite population to entitle California to two representatives. It is not double the amount fixed for one representative. That number was fixed by Congress, ten years since, at 70,680; but it was expressly provided that any State, which had an excess beyond a moiety of that amount, should be entitled to an additional representative.The Senator then showed from the memorial of the deputation from California to the United States, that her population was 107,069, on the first of January, 1850. This exceeds the requisite number, and he had no doubt, from the statements of officials at San Francisco, she had, at the present moment, full 135,256 inha

bitants.

With regard to the limits of California, a proposition was first offered in the Committee to extend a line through to the Pacific of 36° 30; a subsequent proposition altered this line to 35° 30, but a majority of the Committee finally decided upon having no dividing line. This proposition was made with the view of reserving a slave State out of the Territory. But with the non-slaveholding State of California on the North, the mountains of Mexico on one side and the Pacific on the other, slavery surely would never be introduced-or if introduced, could never be maintained.

But California, it is said, is too extensive; her seaboard is 600 or 700 miles in length; it

is unreasonably large. But of this coast, the part below 36° 30 is bordered by deserts of sand, back of which are successive chains of mountains, forcing the population to the eastward, to have intercourse exclusively with Mexico and the Atlantic States. While in the Northern part of California is a vast desert, hitherto never passed, and reaching from the country of the Mormons to the Pacific. I think then, said Mr. CLAY, that with respect to the population of California, with respect to her limits, and the circumstances under which she presents herself to Congress, every thing is favorable to the grant she solicits, and that we can find neither in the one nor the other a sufficient motive to reject or throw her back into the state of lawless confusion and disorder from which she has emerged.

All these considerations, the Committee consider, apply with equal force to the two Territories of Utah and New Mexico. The plan of the Executive, recommending the admission of California, but leaving the other two questions unsettled, was originated at a time when it was thought that to create governments for the Territories would be productive of the greatest distractions and agitation. Since then the extremes of public opinion have moderated. The North and the South have come to the rescue of the Union. Measures that then were dangerous, would now meet with general approbation. He contended that to abandon Utah and New Mexico, to leave them without the authority of the General Government, without power to protect their own citizens, or the citizens in transitu to other regions, to d this in the face of the treaty of Guadalupe Hidalgo, was in conflict with the high claims of duty. At this moment, said Mr. CLAY, disorders are commencing, from the backwardness of the Government in establishing the boundaries of Texas. Commissioners have been sent by that State to Santa Fe or New Mexico, for the purpose of bringing them under her authority. From the temper of the people of that province, he had no doubt these demands would be resisted, and civil commotions and shedding of blood might yet be the consequence.

With regard to the amount to be paid Texas for her relinquishment of her claims, to prevent improper speculation in the stock market, the Committee had thought it best to wait until the final disposition of the bill, before naming the sum they had concluded to recommend.

Mr. CLAY then alluded to Mr. BENTON's parliamentary objections to the combination of these three measures. He showed that the process of tacking one bill to another, to which the Senator from Missouri had objected, was not the same in principle in the English Parliament as in Congress. Bills originating in the House of Commons were not subject to amendment by the House of Lords, as in our

Senate; but if received at all, were to be passed entire. It was the means of forcing popular measures on the crown and aristocracy. The practice was consequently decried in the messages of the crown, and by all writers under the influence of the aristocracy. It was looked upon favorably enough by the popular party. But in consequence of the power of amendment by the Senate, the technical objections to it are in no ways applicable to the present compromise bill. The practice in this country has been to associate bills of the most diverse natures. The constitution of California, providing that no two subjects should be united in one bill, has been held up to us as example. The constitution of Louisiana has the same enactment, and experience shows the greatest inconvenience resulting.

The question of African slavery has been left open to the action of the people, when the Territory arrives at the dignity of a State. The Territorial government, by the plan of the Committee, has been debarred from all legislation on that subject. The Indian or peon servitude however is left open to their action. At present, he said, by the Mexican law and in point of fact, slavery did not exist in that province; and he thought there was little probability of its entering a country where labor can be obtained at the rate of three or four dollars a month.

The next subject the Committee reported on, was the re-capture of fugitive slaves. The Committee here proposed two amendments to the bill reported by the Senator from Virginia, (Mr. Mason). The first provides that the owner of the fugitive shall, whenever practicable, carry from his own State to that whither the fugitive has fled, a certificate of the Court, adjudicating the fact of slavery, the fact of elopement, and a general description of the slave. This record shall be in the Free State competent and sufficient evidence of the fact. The inconvenience will be very slight, and the reverence in which records are everywhere held will be great additional security. The next provision is, that the owner, on the detection of the fugitive, shall give bond to take him back to the county of the State whence he escaped, and at the first Court there held after his return, shall afford him all the facilities necessary for the establishment of his right to freedom, if he still continues to assert his right. A trial by jury is demanded by the non-slaveholding States, and this the amendment provides for. The practical operation of this will be, that where, if the trial by jury were allowed in the free State, the fugitive would use every endeavor, and find great facilities for escaping from justice, now that this trial is to be conducted among his old comrades, and where he is well known, he will feel more inclined to relinquish

his pretensions to freedom. Mr. CLAY thought that the South should make this concession. Their rights were to be maintained, but maintained in a manner not to wound unnecessarily the feelings of others.

has come.

The Senator then alluded to the opinion prevalent in some of the non-slaveholding States, that there is a higher and Divine law, entitling the runaway to food, shelter, and hospitality from the man under whose roof he Divine law has often been the pretext for outrages on society. Divine law is the plea of the Mahometan for his polygamy. The wretch, dying from famine, can, with far greater plausibility, point to his neighbor's abundance, and plead natural and Divine law for satisfying therefrom his wants. Let them point out, said Mr. CLAY, the credentials of their revelation.

Finally, the Committee have reported on the abolition of the slave-trade in the District of Columbia. He believed there was no time within the last forty years, when, if it had been earnestly pressed upon Congress, there would not have been found a majority-a majority from the Southern States--in favor of it.

Mr. CLAY then alluded to the Wilmot Proviso. This is an abstraction pressed upon the South by the North, and urged, they say, by a natural sentiment in behalf of freedom. The South reject it, not from fear of the objects of the Proviso, for these objects will be accomplished without its aid, but in a sense that their security lies in denying at the very threshold any right in the North to touch the subject of slavery. The North contend for an empty form, the South for the preservation of property, of life, of happiness. They know that to yield to this demand, will be the signal for new sects springing up, with new notions and new natural laws, who will carry their notions into the bosom of the slaveholding States.

At a meeting of the Southern Members of Congress, held May 8th, a Committee was appointed to take into consideration the subject of a newspaper to be established at Washington, and to be devoted to Southern interests and institutions The Committee, in their report, call the attention of the South to the necessity for an organ which shall uphold their peculiar institutions, and, at the same time, be held distinct from the ordinary party ties and influences. They assert that the public opinion of the world has been directed against these institutions, and that now these attacks must be met on their own ground. The South has hitherto relied on the conscious justice of their position, but the time has come when they must wrestle with this public sentiment, or fall. This warfare, incited by interest or prejudice, commenced, the Committee state,