The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 360

                                
360
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CONGRESSIONAL GLOBE.
hearts; and mothers, clasping their offspring -to
their bosoms, trembled a't scenes that threatened the
destruction of the government, and the desolation
that awaited the people. The South, he said, had
already been driven back to the shores of the Gulf
of Mexico; they would be next commanded to take
the water. Would they do it? He, for one, an-
swered—no! Even if solitary and alone, he would
Btand to bis post and vindicate thy rights of his peo-
ple. v
Ys But it had been said by gentlemen that there was
' no danger for the South, because Mr. Polk had been
chosen President; and Mr. Polk heing a southern
man, would not sanction any measures conflicting
with the permanent interests of that section of coun-
try. He (Mr. F.) would trust no such idea. When
he was assured that ambition was extinguished from
the heart of man, then he might think of trusting
a subject like this to the discretion of a President.
Until then, he would confide in no man; but wiiuld
be heard in behalf of the rights of his people. I He
called upon every senator from the South to cry
aloud and spare not, to draw the sword and begin
the fight in behalf of the rights of their constitu-
ents; for it was the duty of every one to take care
of himself. He was no advocate of slavery -in the
abstract. Undoubtedly, slavery was an evil; but
was it our sin? It was an inheritance; and given by
whom? He pointed to the North, whence the black
man had been sold to the South. Slavery was now,
like the shirt of Nessus, fastened on to us, and could
notbegotridof. Where was its remedy? Letsenators
say, if they could. He was a slaveholder, though not
an advocate of slavery in the abstract. He, however,
advocated the slaveholder for the virtues of his
heart. He would desire to see those men, who
made such an outcry against slavery, but who had
never seen its practical operation, go to the sunny
South, see how happy was the black man, and com-
pare him with the white penury of the EastJ^'He
(Mr. F.) was raised with the slave. He "was a
master, and the slave was his friend. When he
went home, the slave came to him with words of af-
fection and love; he hoped that he had a heart to re-
turn these sentiments. Were senators willing to put
it in the power of the fanatics to destroy all these as
sociations, and to destroy a portion of our govern-
ment' For one, he intended to stand firm. He was
a friend of annexation; but if the question of sla-
very was to be blinked, in order to catch northern
votes, he washed his hands of it. Should the
amendment to the resolution of the House offered
by the senator from Mississippi [Mr. Walker] be
adopted, he should be compelled to vote against the
whole proposition.
Mr. F. then moved to amend the amendment, by
adding thereto the following proviso:
And provided further, That, ill fixing the terms and con-
ditions of such' admission, it shall be expressly stipulated
and declared that the. State of Texas, and such other States
as may be formed of that portion of the present teiritory of
Texas lying south of 36 depress 30 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, so hereafter asking admission may de-
sire. And provided furtherviore. That it shall be also stipu-
lated and declared that the public debt of Texas shall in no
event become a charge upon the government of the United
States.
Mr. BATES asked for a division of the question
upon the amendment, so as to take it first upon the
proviso in relation to the Missouri compromise line,
and then upon the restriction against the assumption
of the public debt of Texas.
Mr. FOSTER had no objection to such a course.
Mr. HAYWOOD raised a point of order, and
contended that it was a single question and could
not be divided unless the senator from Tennessee
[Mr. Foster] should divide his amendment into
parts and offer them separately.
The CHAIR overruled the objection.
Mr. BERRIEN wished to know whether he was
right in his understanding of the amendment. He
understood that it left the States to be formed south
of 36 degrees, or the Missouri compromise line,
the privilege of choosing whether they would be ad-
mitted with or without slavery.
Mr. FOSTER said such was the purport of his
amendment.
Mr. CRITTENDEN wished ts make one re-
mark in relation to the latter portion of the amend-
V ment, which provided that the United States gov-
ernment should not be bound for the public debt of
Texas. Whenever Texas was admitted, in his
opinion, the United States would be bound in honor
to provide for her debt. He was not in favor of
having a new repudiating State. Indeed, it wari a
mockery to talk of taking Texas without her debt. /'
Mr. WHITE -wished to know whether the pro-
viso offered by the senator from Tennessee [Mr.
Foster] was applicable to the amendment of the sen-
ator from Mississippi, [Mr. Walker,] or to the
resolution of the House.
The CHAIR said it applied to the amendment of
the senator from Mississippi.
The question was then taken upon the first divis-
ion of the amendment of Mr. Foster in relation to
the Missouri compromise line, and decided in the
negative, as follows:
i'EAS—Messrs. Archer, Barrow, Bayard, Berrien, Clay
ton, Crittenden, Foster, Hannegan, Huger, Jarnagin, John
son, Mangum, Merrick, Morenead, Pearce, Phelps, Rives,
and Sevier—IS.
NAYS—Messrs. Allen, Ashley, Atchison, Atherton,
Bagby, Bates, Benton, Breese, Buchanan. Choate, Colquitt,
Dayton, Dickinson, Dix, Evans, Fairfield, Francis, Hay-
wood, Henderson, Huntington, Lewis, McDuffie, Miller,
Niles, Porter, Semple, Sturgeon, Tappan, Upham, Walker,
White, Woodbridge, and Woodbury—33.
The question recurring on the second division of
of the amendment,
Mr. WALKER said he was opposed to it be-
cause such a provision had already been incorpora-
ted into the bill. If the^President proceeded prop-
erly in the negotiation, he would act upon it. There-
fore he should vote against the proviso, although in
favor of such a provision.
Mr. BENTON, (in his seat,) Ditto.
The question on the second division of the amend-
ment, which provided against the public debt of
Texas being a charge upon the United States, was
decided in the negative as follows:
YEAS—Messrs. Archer, Barrow, Bates, Bayard, Beriien,
Choate, Clayton, Evans, Foster, Francis, Huntington,
Jarnagin, Johnson, Miller, Pearce, Phelps, Portei, Rivef>,
Simmons, and Upham—'-20.
NAYS -Messrs. Allen, Ashley, Atchison, Atherton, Bag-
by, Benton, Breese, Buchanan, Colquitt, Crittenden, Dick-
inson, Dix, Fairfield, Hannegan, Haywood, Henderson,
Huger, Lewis, McDuflie, Mangum, Merrick, Morehe-id,
Niles, Sample, Sevier, Sturgeon, Tappan, Walker, White,
Woodbridge, and Woodbury -31.
Mr. ARCHER then moved to strike out all of
the resolution of the House after "resolved," and
insert the following:
That the President of the United States be, and lie is
hereby requested, to older negotiations to be entered into
with the government of Texas for the transfer to the United
States, with the assent of the people of Texas, of the terri-
tory, with all rights incident thereto, which now consti-
tutes the said State of Texas; and that the incoiporation
into the Union of the United States of the inhabitants of
said State, and their admission to all the rights, privileges,
and immunities of the citizens of the United States, as soon
as may be consistent with the principles of the federal con-
stitution, be stipulated in such treaty.
Mr. WALKER demanded the yeas and nays on
this amendment.
The Secretary proceeded to call the roll; but
when Mr. Foster's name was called, he rose to
make an explanation of his vote.
Mr. FOSTER said he should vote in favor of the
amendment, with the understanding 
Mr. BENTON. You cannot interrupt the call-
ing; of the roll.
The CHAIR called the senator from Tennessee
to order. y
Mr. FOSTER again attempted to explain, but
was overruled by the Chair.
The amendment of Mr. Archer was then re-
jected, by the following vote:
YEAS—Messrs. Archcr, Barrow, Bates, Bayard, Berrien,
Choate, Clayton, Crittenden, Dayton, Evans, Foster, Fran-
cis, Huntington, Jarnagin, Johnson, Mangum, Miller, More-
head, Pearce, Phelps, Porter, Hives, Simmons, Upham,
White, and Woodbridge—26.
NAYS—Messrs. Allen, Ashley, Atchison, Atherton, Bag
by, Benton, Breese, Buchanan, Colquitt, Dickinson, Dix,
Fairfield, Hannegan, Haywood, Henderson, Huger, Lewis,
McDuttie, Merrick, Niles, Semple, Sevier, Sturgeon, Tap-
pan, Walker, and Woodbury— 26.
The question next recurred upon Mr. Walker's
amendment to the House resolution, and it was
adopted by the following vote:
YEAS—Messrs. Allen, Ashley, Atchison, Atherton, Bag-
by, Benton, Breese, Buchanan, Colquitt, Dickinson, Dix,
Fairfield, Hannegan, Haywood, Henderson, Huger, John-
son, Lewis, McDuffie, Merrick, Niles, Semple, Sevier,
Sturgeon, Tappan, Walker, and Woodbury—27.
NAYS—Messrs Archer, Borrow, Bates, Bayard, Berrien,
Choate, Clayton, Crittenden, Dayton, Evans, Foster,Francis,
Huntington, Jarnagin, Mangum, Miller, Morehead, Pearce,
Phelps, Porter, Rives, Simmons, Upham, White, and Wood-
bridge—25.
No further amendment being offered, the joint
resolution, thus amended, was reported to the Sen-
ate; and the question being now on concurring with
the committee of the whole in its amendments,
V Mr. BERRIEN said he had no power to change
the determination which Had been intimated by the
Senate. He desired, by the motion which he was.
now about to submit, merely to have an opportunity
of expressing his own opinion of the unconstitution-
ality of the com se which the Senate was about to
begin.
" He desired, by moving an amendment to the
amended resolution; to have an opportunity of record-
ing his vote in favor of the constitutional power of
tins government to admit foreign States—the treaty-
making power. He moved to strike out from the
4th line of the 2d section of the amendment, after
the word "cession" the word ''either,'-'and after the
word "Senate" the words "by articles to be submit-
ted to the two Houses of Congress as the President
may direct,"
He was not going to debate this question. He
was merely about to state to the Senate the grounds
upon which he submitted this motion. In the dis-
cussion upon this question, senators who were favor-
able to these resolutions had affirmed their belief
that this was the proper office of the treaty-making
power. The resolutions from the House propose to
exclude altogether the intervention of that depart-
ment of the government. They could not therefore
find the support of a majority in this body. How
had a majority been attained? By appending to
them alternative resolutions which give to
the President of the United States the discre-
tionary power to authorize the intervention of
the treaty-making power. And what was the
condition in which we were about to place our-
selves? those, at least, who believed that this was
the proper office of the treaty-making power? We
would not adopt the resolutions from the House, be-
cause they disaffirm the intervention of the consti-
tutional department of the government; but we
would surrender our constitutional rights and con-
stitutional obligations to the discretion of the Pre.-
ident of the United States. That was precisely the
effect of the resolutions now about to be adopted.
Texas may be introduced into the Union by the
force and operation of the resolutions from the
House, which disregard altogether the intervention
of the treaty-making power, but that it shall please
the President, in deference to our constitutional scru-
ples, to call in the intervention of the treaty-making
power. We are, then, obliged by his kind defer-
ence to our scruples, content to pass these resolu-
tions.
.. He had said that we are about to commit our
constitutional obligations to the discretion of the
President of the United States: nay, more; we are
about to look abroad, and commit our constitutional
obligations to the discretion of Texas.
We say first: If the President of the United Stales
does not choose to interfere, Texas may be admit-
ted without the intervention of the treaty-making
power. If the President should choosc to interfere,
still, under the first branch of the resolutions, it is in
the option of Texas to come jn. She can say to
him: We shall not negotiate with you, Mr. Pres-
ident, when, under the provisions of your own reso-
lutions, we are authorized to come in without nego-
tiation.
■' He had said before, and he repeated it, that he
saw too firm a determination to push this matter to
a conclusion to hope for special change; but as this,
in all probability, would be the last public act which
he should have to perform, ho desired to have an
opportunity of recording his vote in vindication of
the constitution of his country.
Mr. WOODBRIDGE .observed that it was not
his purpose to enter into a discussion of this sub-
ject, which had so largely engaged the attention of
the Senate. It had been sufficient for him, from the
beginning, to listen to the expositions of the consti-
tution, elicited in the course of the debate; and form
his own opinion, as to the correctness of the vote
which he was about to give. r5ut the senator from
Kentucky, [Mr. Crittenden,] in opening his very
able argument to-day, admonished us all that no
man should shirk behind his own silence, when a
question so vital as this was brought before the
Senate. He was not a man to shirk from his duty;
but to enter into a discussion of the reasons which
(influenced him upon this subject, would fatigue the
'Senate most unnecessarily. *;He concientiously be-
lieved the adoption of the resolutions before the
Senate would be one of the most vital and fatal
stabs that this form of government had over yet re-
ceived. We were admonished a few days ago that'
senators were about to yield their views to matters
of mere personal and political- interest. He would