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ments; and the Constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the 1st day of January, 1846.
"Second. Said State, when admitted into the Union, after ceding to the United States all pub lic edifices, fortifications, barracks, ports, and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defense, belong ing to the said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind which may belong to, or be due or owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas; and the residue of said lands, after dis charging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the United States.
"Third. New States of convenient size. not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the Territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said Territory, lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union, with or without Slavery, as the people of each State asking admission may desire; and
in such State or States as shall be formed out of said Territory, north of said Missouri Compromise line, Slavery or involuntary servitude (except for crime) shall be prohibited."
Mr. Cave Johnson of Tenn. moved the previous question, which the House seconded Yeas 113; Nays 106-and then the amendment aforesaid was agreed to-Yeas 118; Nays 101.
Yeas, 114 Democrats, and Messrs. Milton Brown of Tenn., James Dellet of Ala., and Duncan L. Clinch and Alex. H. Stephens of Ga. (4), Southern Whigs.
Nays, all the Whigs present from Free States, with all from Slave States, but the four just named; with the following Democrats from Free States:
MAINE. Robert P. Dunlap, Hannibal Hamlin
VERMONT. Paul Dillingham, jr.-1. NEW HAMPSHIRE.-John P. Hale-1. CONNECTICUT.-George S. Catlin-1. NEW-YORK.-Joseph H. Anderson, Charles S. Benton, Jeremiah E. Carey, Amasa Dana, Richard D. Davis, Byram Green, Preston King, Smith M. Purdy, George Rathbun, Orville Rob
inson, David L. Seymour, Lemuel Stetson-12. OHIO.-Jacob Brinckerhoff, William C. McCauslen, Joseph Morris, Henry St. John-4. MICHIGAN.James B. Hunt, Robert McClel
Yeas, all the Democrats from Slave States, and all the Democrats from Free States, except as below; with Messrs. Duncan L. Clinch, Milton Brown, James Dellet, Willoughby Newton, of Va. (who therefrom turned Democrat), and Alex. H. Stephens of Ga. (now Democrat), from Slave States.
Nays, all the Whigs from Free States; all those from Slave States except as above; with the following Democrats from Free States, viz. :
NEW-HAMPSHIRE.-John P. Hale, John R.
VERMONT.-Paul Dillingham, jr.—1.
Benton, Levi D. Carpenter. Jeremiah E. Carey,
OHIO.-Henry St. John--1.
MICHIGAN. James B. Hunt, Robert McClelland-2.
Total Democrats from Free States 23.
So the resolve passed the House, and was sent to the Senate for concurrence.
In Senate, several attempts to originate action in favor of Annexation were made at this session, but nothing came of them.
Feb. 24th. The joint resolution aforesaid from the House was taken up for consideration by 30 Yeas to 11 Nays (all Northern Whigs). On the 27th, Mr. Walker of Wis. moved to add an alternative proposition, contemplating negotiation as the means of effecting the meditated end.
Mr. Foster (Whig) of Tenn. proposed the following:
terms and conditions of such admission, it shall "And provided further, That in fixing the be expressly stipulated and declared, that the State of Texas, and such other States as may be
formed out of that portion of the present Territory north latitude, commonly known as the Missouri of Texas lying south of thirty-six deg. thirty min. Compromise line, shall be admitted into the Union with or without Slavery, as the people of each State, so hereafter asking admission, may desire: And provided furthermore, That it shall be also stipulated and declared, that the public debt of Texas shall in no event become a charge upon the government of the United States."
(Slavery) proviso of the foregoing, which The question was first taken on the first was defeated, by Yeas and Nays, as fol
YEAS-For the Slavery Proviso: Messrs. Archer, Va.
Mangum, N. C.
All Whigs but three (in Italics).
The other branch of the amendment was voted down. Yeas, 20 (Whigs); Nays, 31 (25 Democrats and 6 Whigs).
Various amendments were proposed and voted down. Among them, Mr. Foster, of
Dix, N. Y.
Haywood, N. C.
Huger, S. C. Jarnagin, Tenn. Johnson, La. Lewis, Ala. McDuffie, S. C. Merrick, Md. Niles, Conn. Pearce, Md. Rives, Va. Semple, Ill. Sevier, Ark.
Woodbury, N. H.-33.
The Walker amendment aforesaid was car.
Tenn., moved an express stipulation that ried, by Yeas 27, to Nays 25, as follows:
Slavery should be tolerated in all States formed out of the Territory of Texas, south of the Missouri line of 36° 30'. RejectedYeas, 16 (Southern Whigs, and Sevier of Arkansas); Nays, 33.
Mr. Miller, of N. J., moved to strike out all after the enacting clause, and insert:
"That the President of the United States be, and he hereby is, authorized and advised to open negotiations with Mexico and Texas, for the adjustment of boundaries, and the annexation of the latter to the United States, on the following basis, to wit:
"I. The boundary of the annexed territory to be in the desert prairie west of the Nueces, and along the highlands and mountain heights which divide the waters of the Mississippi from the waters of the Rio del Norte, and to latitude fortytwo degrees north.
"II. The people of Texas, by a legislative act, or by any authentic act which shows the will of the majority, to express their assent to said annexation.
"III. A State to be called the State of Texas,' with boundaries fixed by herself, and an extent not exceeding the largest State of the Union, be admitted into the Union, by virtue of this act, on an equal footing with the original States.
"IV. The remainder of the annexed territory, to be held and disposed of by the United States as one of their Territories, to be called 'the Southwest Territory.'
"V. The existence of Slavery to be forever prohibited in the northern and northwestern part of said Territory, west of the 100th degree of latitude west from Greenwich, so as to divide, as equally as may be, the whole of the annexed country between slaveholding and non-slaveholding States.
"VI. The assent of Mexico to be obtained by treaty to such annexation and boundary, or to be dispensed with when the Congress of the United States may deem such assent to be unne
YEAS-For Walker's Amendment:
[Yeas-All Democrats but three in italics,
of whom Messrs. Henderson and Merrick have since been Democrats.]
NAYS-Against the proposed Annexation: | South of thirty-six degrees thirty minutes north
The joint resolve being thus returned to the House as amended by the Senate, a vote was almost immediately taken on concurring, and the amendment of the Senate was assented to Yeas, 134; Nays, 77. [A strict party vote, except that Mr. Dellet of Alabama, (Whig) voted in the majority]. So the Annexation of Texas was decreed, and in the following terms:
latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without Slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compromise line, Slavery or involuntary servitude (except for crime) shall be prohibited.
"And be it further resolved, That if the President of the United States shall, in his judgment and discretion, deem it most advisable, instead of proceeding to submit the foregoing resolution to the republic of Texas, as an overture on the part of the United States, for admission, to negotiate with that Republic; then,
"Be it resolved, That a State to be formed out of the present Republic of Texas, with suitable extent and boundaries, and with two representatives in Congress, until the next apportionment of representation, shall be admitted into the Union by virtue of this act, on an equal footing with the existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texan territory to the United States, shall be agreed upon by the Governments
JOINT RESOLUTION FOR ANNEXING TEXAS TO of Texas and the United States.
"Resolved, by the Senate and House of Representatives of the United States in Congress assembled, That Congress doth consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a Republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
"SEC. 2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guaranties, to wit:
"First. Said State to be formed, subject to the adjustment by this Government of all questions of boundary that may arise with other Governments; and the constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six.
"Second. Said State, when admitted into the
Union, after ceding to the United States all pub lic edifices, fortifications, barracks, ports, and harbors, navy and navy yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defense, belong ing to the said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind which may belong to, or be due or owing said Republic; and shall also retain all the vacant or unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas; and the residue of said lands, after discharging said debts and liabilities, to become a charge upon the United "Third. New States of convenient size, not exceeding four in number, in addition to the said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provision of the Federal Constitution; and such States as may be formed out of that portion of said territory lying
"And be it further enacted, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President may direct.
"Approved, March 2, 1845."
THE WILMOT PROVISO.
TEXAS having been annexed during the summer of 1845, in pursuance of the foregoing joint resolution of the two Houses of Congress, a portion of the United States Army, under Gen. Taylor, was, early in the Spring of 1846, moved down to the east bank of the Rio Grande del Norte, claimed by Texas as her Western boundary, but not so regarded by Mexico. A hostile collision ensued, resulting in war between the United States and Mexico.
It was early thereafter deemed advisable that a considerable sum should be placed by Congress at the President's disposal, to negotiate an advantageous Treaty of Peace and Limits with the Mexican government. A Message to this effect was submitted by President Polk to Congress, August 8th, 1846, and a bill in accordance with its suggestions laid before the House, which proceeded to consider the subject in Committee of the Whole. The bill appropriating $30,000 for immediate use in negotiations with Mexico, and placing $2,000,000 more at the disposal of the President, to be employed in making peace, Mr. David Wilmot, of Pa., after consultation with other Northern Democrats, offered the following Proviso, in addition to the first section of the bill :
"Provided, That as an express and fundamental condition to the acquisition of any territory
from the Republic of Mexico by the United States, by virtue of any treaty which may be negotiated between them, and to the use by the Executive of the moneys herein appropriated, neither Slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall first be duly convicted." This proviso was carried in Committee, by the strong vote of eighty-three to sixtyfour-only three Members (Democrats) from the Free States, it was said, opposing it. [No record is made of individual votes in Committee of the Whole.] The bill was then reported to the House, and Mr. Rathbun of N. Y. moved the previous question on its engrossment.
Mr. Tibbatts of Ky. moved that it do lie on the table Defeated Yeas 79; [Stephen A. Douglas, John A. McClernand, John Pettit, and Robert C. Schenck, voting with the South to lay on the table]; Nays 93; [Henry Grider and William P. Thomasson of Ky. (Whigs) voting with the North against it].
Mr. R. Brodhead of Penn. moved that this resolution lie on the table. Carried; Yeas, 105; Nays, 93.
[Yeas-all the members from Slave States, but John W. Houston (Whig), of Delaware, with the following from Free States (all Democrats but Levin):
S. Wiley, Hezekiah Williams-4.
NEW YORK.-Ausburn Birdsall, David S. Jack-
INDIANA.-Charles W. Cathcart, Thomas J.
Clernand, William A. Richardson, Robert Smith,
of the Democrats from Free States, with
favor of the Wilmot proviso for that SesThis vote terminated all direct action in
The bill was then engrossed for its third reading by Yeas 85, Nays 80; and thus passed without further division. A motion to reconsider was laid on the table-Yeas Del., from the Select Committee to which July 18th.-In Senate, Mr. Clayton of 71; Nays 83. So the bill was passed and was referred, on the 12th inst., the bill prosent to the Senate, where Mr. Dixon H. Lewis of Ala. moved that the Proviso reported a bill to establish Territorial govviding a territorial government for Oregon, above cited be stricken out; on which de- ernments for Oregon, New Mexico, and Calibate arose, and Mr. John Davis of Mass.fornia, which was read. [It proposed to was speaking when, at noon of August 10th, the time fixed for adjournment having arrived, both Houses adjourned without day.
[NOTE. We do not give the Yeas and Nays on the divisions just above, the House having been quite thin when they were taken, and some Northern Members voting with the South from hostility to the whole project of buying either peace or territory. Generally, however, the vote ran much as former divisions would lead one to expect. Mr. Stephen A. Douglas, and some other friends of the original bill, voted against it at every stage after the Proviso was added.]
The XXXth Congress assembled Dec. 6, 1847.
Feb. 28th, 1848, Mr. Putnam of N. York moved the following:
"Whereas, In the settlement of the difficulties pending between this country and Mexico, territory may be acquired in which Slavery does not
"And whereas, Congress, in the organization of a territorial government, at an early period of our political history established a principle worthy of imitation in all future time, forbidding the existence of Slavery in free territory; Therefore,
"Resolved, That in any territory, that may be acquired from Mexico, over which shall be established territorial governments, Slavery, or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall be forever prohibited; and that in any act or resolution establishing such governments, a fundamental provision ought to be inserted to that effect."
submit all questions as to the rightful existence or extent of Slavery in the Territories to the decision of the Supreme Court of the United States.]
win of Conn. moved to strike out so much July 24th.-Second reading. Mr. Baldof said bill as relates to California and New Free Soil men of both parties); Nays, 37. Mexico. Rejected; Yeas, 17 (Northern
succeeding days. On the 26th, Mr. Clarke The bill was discussed through several of R. I. moved to add to the 6th section:
"Provided, however, That no law, regulation, or act of the provisional government of said Territory in shall be valid, until the same shall be approved permitting Slavery or involuntary servitude thereby Congress."
Rejected; Yeas, 19 [Col. Benton, and 18 Northern Freesoilers of both parties]; Nays, 33.
amend the bill by inserting—
the said writs of error or appeals shall be allowed
Carried Yeas, 31 (all sorts); Nays, 19
(all Southern, but Bright, Dickinson, and Hannegan).
Mr. Baldwin of Conn. moved an additional section, as follows:
"SEC. 37. And be it further enacted, That it shall be the duty of the attorneys for said Territories, respectively, on the complaint of any person held in involuntary servitude therein, to make application in his behalf in due form of law, to the court next thereafter to be holden in said Territory, for a writ of habeas corpus, to be directed to the person so holding such applicant in service as aforesaid, and to pursue all needful measures in his behalf; and if the decision of such court shall be adverse to the application, or if, on the return of the writ, relief shall be denied to the applicant, on the ground that he is a slave held in servitude in said Territory, said attorney shall cause an appeal to be taken therefrom, and the record of all the proceedings in the case to be transmitted to the Supreme Court of the United States as speedily as may be, and to give notice thereof to the Attorney General of the United States, who shall prosecute the same before said Court, who shall proceed to hear and determine the same at the first term thereof."
Yeas, 15 (all Northern, except Benton); Nays, 31.
Mr. Davis of Mass. moved to strike out section 12, and insert as follows:
"Sec. 12. And be it further enacted, That so
much of the sixth section of the ordinance of the 13th July, 1787, as is contained in the following words; viz: There shall be neither Slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted,' shall be and remain in force in the Territory
This was defeated; Yeas, 21; Nays, 33, as follows:
YEAS-For the Slavery Prohibition:
July 28th.-This bill reached the House, and was taken up and read twice.
Committee of the Whole on the State of the Mr. Linn Boyd of Ky. moved it to a Union.
Mr. C. B. Smith of Ind. moved and obtained a call of the House, when all but eighteen Members responded.
Mr. A. H. Stephens of Ga. moved that the bill do lie on the table. Yeas and Nays ordered, and the motion prevailed: Yeas, 112; Nays, 97.
Yeas all the Free State Whigs, with the following Whigs from Slave States:
VIRGINIA.-John S. Pendleton-1.
NORTH CAROLINA.-Nathaniel Boydon, Richard S. Donnell-2.
GEORGIA.-Alex. H. Stephens-1.
KENTUCKY.-Green Adams, Aylett Buckner, John B. Thompson-3.
TENNESSEE.-John H. Crozier-1.
Total, eight Whigs from Slave States. Democrats from Free States:
MAINE. Asa W. H. Clapp, David Hammons, Ephraim K. Smart, James S. Wiley-4.
NEW HAMPSHIRE.--Charles H. Peaslee-1.
RHODE ISLAND.--Benjamin B. Thurston-1. NEW YORK.-William Collins, Timothy Jenkins, Sidney Lawrence, Frederick W. Lord, William B. Maclay, Henry Nicoll, George A. Starkweather-7.
PENNSYLVANIA. Wm. Strong, James Thompson, David Wilmot-3.
OHIO.-James J. Faran, George Fries, Samuel Lahm Jonathan D. Morris_4.
INDIANA. Thomas J. Henley-1.
ILLINOIS. Robert Smith, John Wentworth 2.