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oote and Davis of Mississippi, and Mason of Virected in turn. Foote immediately answered Clay's lutions with eight objections. In these he expressed gness to admit all of California north of 36 degrees, es as a free state, providing a "new slave state can f within the present limits of Texas." 1 The discusrenewed February 5th and 6th, and during the rest nth it was before the Senate almost every day.2 bruary 13th, President Taylor forwarded to both f Congress copies of California's constitution which given to him by Gwin. Douglas moved that the and accompanying papers be referred to the comterritories, but withdrew his motion when Benton 1 that Clay be given the opportunity for moving intment of a special committee to consider the Despite the urgent requests from Benton, however, used to make the motion. The senator from Misen moved the appointment of such a committee, Clay was to act as chairman. Foote objected beproposed to offer a resolution during the day which clude the consideration of the subject under dis

Globe, 1st. sess., 31st Cong., pt. I, 244-52.

7. under following dates: February 8, 11, 12, 13, 14, 18, 19, 24, 25 he famous speeches of Clay, Calhoun and Webster on the comasures were made respectively on January 29th, March 4th and

of the Senate, 1st sess., 31st Cong., 151; Journal of the House, st Cong., 529.

was especially interested in procuring the admission of Calithe Union. Of course it is well known that his son-in-law, Fré

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cussion, by a special committee. At the end of the day's session he offered a resolution to refer the message and accompanying papers to a select committee of fifteen to be chosen by ballot, whose duty it should be to consider the same; same; "and also to take into consideration the various propositions now before the Senate relating to the same subject, in connection with the question of domestic slavery in all its various bearings; and to report, if they found it practicable to do so, a plan for the definite settlement of the present unhappy controversy, and rescue from impending perils the sacred Union itself." The Senate adjourned, however, without taking action on the subject.

On the 28th of February, another set of compromise resolutions was submitted by Bell of Tennessee. Each of the nine resolutions was accompanied with arguments in favor of its adoption. The sixth provided that "the constitution recently formed by the people of the western portion of California, and presented to Congress by the President . . ., be accepted, and that they be admitted into the Union as a state upon an equal footing in all respects with the original states." And the ninth provided that the committee on territories "be instructed to report a bill in conformity with the spirit and principles of the foregoing resolutions." 3

The principal objections offered to the admission of California, according to Bell, were (1) that the boundaries in

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2 Ibid., 356; Journal of the Senate, 1st sess., 31st Cong., 151.

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Cong. Globe, 1st sess., 31st Cong., pt. I, 436-39; Journal of the Senate,

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her constitution embraced too much territory, 'manner in which the constitution was framed" ular, (3) many of the residents of California were ens of the United States, (4) that the constitution med under the exercise of an improper influence on of the President of the United States."

as the boundaries were concerned, Bell did not think extensive. He even wished that they had included try around the Great Salt Lake. In answer to the ojection, he said it should be remembered that the ion was satisfactory to the inhabitants of California. ot acceptable to him or to the South generally in one r (the slavery question), but he thought that Conuld have to concede that point because the people of a wished them to do so. The third objection he was not well founded. It was true that there were reigners and transients in California, but there was ass of permanent inhabitants, excluding Mexicans, were the ones who drew up the constitution which submitted by that state. And coming to the last n, he said that he had seen no evidence to sustain it. itiative in the formation of that constitution was fore any message or even any ship arrived from the States conveying a message from the President; beintelligence had reached their shores as to what were ions and policy of the President upon that subject." 1

Globe, 1st sess., 31st Cong., pt. I, 438. Bell's resolutions, like re discussed at frequent intervals in the Senate up to the time of tment of the committee of thirteen.

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Nearly a month later, March 25th, Douglas, on behalf of the committee on territories, submitted a bill for the admission of California into the Union, and another for the establishment of territorial governments in Utah and New Mexico, "and for other purposes." It came up again as a result of a motion made by Benton on April 18th, but was immediately tabled on the motion of Clay. On the following day it was again brought forward, read a second time, and made the order of the day for Monday, May 6th. It did not come up on the appointed day, however, but was evidently placed aside temporarily to give place to another bill then being prepared by the committee of thirteen, and submitted by them two days later. It will be necessary, therefore, to go back a little and consider the appointment and work of this committee.

The Committee of Thirteen Appointed

On December 27, 1849, Foote offered a resolution as follows: "That it is the duty of Congress, at this session, to establish suitable territorial governments for California, for Deseret, and for New Mexico."4 When this resolution was up for consideration on February 25, 1850, Foote moved "that that resolution be taken up for the purpose of being referred to a committee of thirteen,-six of whom to be

1 Journal of the Senate, 1st sess., 31st Cong., 234; Cong. Globe, 1st sess. 31st Cong., pt. I, 592.

2 Journal of the Senate, 1st sess., 31st Cong., 234.

3

Ibid., 292.

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from the slave states and six from the free states, to be chosen by these twelve,-with instructions pon themselves the duty of endeavoring to procure mise embracing all the questions now arising out stitution of slavery."

n amendment as follows: "Securing to the inhabithose territories all the privileges and liberties sethe inhabitants of the North-west territory by the of July 13, 1787." 2 These resolutions were passed mally at the morning session, but in the afternoon quested permission to renew his motion when the ok up consideration of the compromise resolutions y Clay on January 29th preceding. Foote exhat the acceptance of his resolution need not interthe discussion of the compromise measures before e, and with the bill for the admission of California. strongly intimated that unless it were accepted week, a dissolution of the Union would result.4 tion was called to the fact that Hale's amendment in order, and as Hale was absent from the Senate, ct was postponed. On March 5th, Foote gave at he intended to "press very earnestly" his recom

lobe, 1st sess., 31st Cong., pt. I, p. 416. As quoted on p. 418 the omewhat different.

t, Constitutional History of the United States, III, 490, says that d the appointment of this committee on February 21st. The robably due to the fact that he saw the incorrect date, a printer's ebruary 21" on p. 418 of the Globe.

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