against the acquisition, and the treaty which secured it; and if the men of the North had voted the same way, we should have been spared all the difficulties that have grown out of it. We should have had peace without the territories.

Now there is no sort of doubt, Gentlemen, that there were some persons in the South who supposed that California, if it came into the Union at all, would come in as a slave State. You know the extraordinary events which immediately occurred, and the impulse given to emigration by the discovery of gold. You know that crowds of Northern people immediately rushed to California, and that an African slave could no more live there among them, than he could live on the top of Mount Hecla. Of necessity it became a free State, and that, no doubt, was a source of much disappointment to the South. And then there were New Mexico and Utah; what was to be done with them? Why, Gentlemen, from the best investigation I had given to the subject, and the reflection I had devoted to it, I was of the opinion that the mountains of New Mexico and Utah could no more sustain American slavery than the snows of Canada. I saw it was impossible. I thought so then; it is quite evident now. Therefore, when it was proposed in Congress to apply the Wilmot Proviso to New Mexico and Utah, it appeared to me just as absurd as to apply it here in Western New York. I saw that the snow-capped hills, the eternal mountains, and the climate of those countries would never support slavery. No man could carry a slave there with any expectation of profit. It could not be done; and as the South regarded the Proviso as merely a source of irritation, and as designed by some to irritate, I thought it unwise to apply it to New Mexico or Utah. I voted accordingly, and who doubts now the correctness of that vote? The law admitting those territories passed without any proviso. Is there a slave, or will there ever be one, in either of those territories? Why, there is not a man in the United States so stupid as not to see, at this moment, that such a thing was wholly unnecessary, and that it was only calculated to irritate and to offend. I am not one who is disposed to create irritation, or give offence among brethren, or to break up fraternal friendship, without cause. The question was accordingly left legally open, whether slavery should or should not go to New Mexico or Utah. There is no slavery there, it is utterly imprac

ticable that it should be introduced into such a region, and utterly ridiculous to suppose that it could exist there. No one, who does not mean to deceive, will now pretend it can exist there.

Well, Gentlemen, we have a race of agitators all over the country; some connected with the press, some, I am sorry to say, belonging to the learned professions. They agitate; their livelihood consists in agitating; their freehold, their copyhold, their capital, their all in all, depend on the excitement of the public mind. The events now briefly alluded to were going on at the commencement of the year 1850. There were two great questions before the public. There was the question of the Texan boundary, and of a government for Utah and New Mexico, which I consider as one question; and there was the ques tion of making a provision for the restoration of fugitive slaves. On these subjects, I have something to say. Texas, as you know, established her independence of Mexico by her revolution and the battle of San Jacinto, which made her a sovereign power. I have already stated to you what I then anticipated from the movement, namely, that she would ask to come into the Union as a slave State. We admitted her in 1845, and we admitted her as a slave State. We admitted her also with an undefined boundary; remember that. She claimed by conquest the whole of that territory commonly called New Mexico, east of the Rio Grande. She claimed also those limits which her constitution had declared and marked out as the proper limits of Texas. This was her claim, and when she was admitted into the United States, the United States did not define her territory. They admitted her as she was. We took her as she defined her own limits, and with the power of making four additional slave States. I say "we," but I do not mean that I was one; I mean the United States admitted her.

What, then, was the state of things in 1850? There was Texas claiming all, or a great part, of that which the United States had acquired from Mexico as New Mexico. She claimed that it belonged to her by conquest and by her admission into the United States, and she was ready to maintain her claim by force of arms. Nor was this all. A man must be ignorant of the history of the country who does not know, that, at the commencement of 1850, there was great agitation throughout the whole South. Who

does not know .that six or seven of the largest States of the South had already taken measures looking toward secession; were preparing for disunion in some way? They concurred apparently, at least some of them, with Texas, while Texas was prepared or preparing to enforce her rights by force of arms. Troops were enlisted by her, and many thousand persons in the South disaffected towards the Union, or desirous of breaking it up, were ready to make common cause with Texas; to join her ranks, and see what they could make in a war to establish the right of Texas to New Mexico. The public mind was disturbed. A considerable part of the South was disaffected towards the Union, and in a condition to adopt any course that should be violent and destructive.

What then was to be done, as far as Texas was concerned? Allow me to say, Gentlemen, there are two sorts of foresight. There is a military foresight, which sees what will be the result of an appeal to arms; and there is also a statesmanlike foresight, which looks not to the result of battles and carnage, but to the results of political disturbances, the violence of faction carried into military operations, and the horrors attendant on civil war. I never had a doubt, that, if the administration of General Taylor had gone to war, and had sent troops into New Mexico, the Texan forces would have been subdued in a week. The power on one side was far superior to all the power on the other. But what then? What if Texan troops, assisted by thousands of volunteers from the disaffected States, had gone to New Mexico, and had been defeated and turned back? Would that have settled the boundary question? Now, Gentlemen, I wish I had ten thousand voices. I wish I could draw around me the whole people of the United States, and I wish I could make them all hear what I now declare on my conscience as my solemn belief, before the Power who sits on high, and who will judge you and me hereafter, that, if this Texan controversy had not been settled by Congress in the manner it was, by the so-called adjustment measures, civil war would have ensued; blood, American blood, would have been shed; and who can tell what would have been the consequences? Gentlemen, in an honorable war, if a foreign foe invade us, if our rights are threatened, if it be necessary to defend them by arms, I am not afraid of blood. And if I am too old myself, I hope there are

those connected with me by ties of relationship who are young, and willing to defend their country to the last drop of their blood. But I cannot express the horror I feel at the shedding of blood in a controversy between one of these States and the government of the United States, because I see in it a total and entire disruption of all those ties that make us a great and happy people. Gentlemen, this was the great question, the leading question, at the commencement of the year 1850.

Then there was the other matter, and that was the Fugitive Slave Law. Let me say a word about that. Under the provisions of the Constitution, during Washington's administration, in the year 1793, there was passed, by general consent, a law for the restoration of fugitive slaves. Hardly any one opposed it at that period; it was thought to be necessary, in order to carry the Constitution into effect; the great men of New England and New York all concurred in it. It passed, and answered all the purposes expected from it, till about the year 1841 or 1842, when the States interfered to make enactments in opposition to it. The act of Congress said that State magistrates might execute the duties of the law. Some of the States passed enactments imposing a penalty on any State officers who exercised authority under the law, or assisted in its execu tion; others denied the use of their jails to carry the law into effect; and, in general, at the commencement of the year 1850, it had become absolutely indispensable that Congress should pass some law for the execution of this provision of the Constitution, or else give up that provision entirely. That was the question. I was in Congress when it was brought forward. I was for a proper law. I had, indeed, proposed a different law; I was of opinion that a summary trial by a jury might be had, which would satisfy the people of the North, and produce no harm to those who claimed the service of fugitives; but I left the Senate, and went to another station, before any law was passed. The law of 1850 passed. Now I undertake, as a lawyer, and on my professional character, to say to you, and to all, that the law of 1850 is decidedly more favorable to the fugitive than General Washington's law of 1793; and I will tell you why. In the first place, the present law places the power in much higher hands; in the hands of independent judges of the Supreme and Circuit Courts, and District Courts,

and of commissioners who are appointed to office for their legal learning. Every fugitive is brought before a tribunal of high character, of eminent ability, of respectable station. In the second place, when a claimant comes from Virginia to New York, to say that one A or one B has run away, or is a fugitive from service or labor, he brings with him a record of the court of the county from which he comes, and that record must be sworn to before a magistrate, and certified by the county clerk, and bear an official seal. The affidavit must state that A or B had departed under such and such circumstances, and had gone to another State; and that record under seal is, by the Constitution of the United States, entitled to full credit in every State. Well, the claimant or his agent comes here, and he presents to you the seal of the court in Virginia, affixed to a record of his declaration, that A or B had escaped from service. He must then prove that the fugitive is here. He brings a witness; he is asked if this is the man, and he proves it; or, in nine cases out of ten, the fact would be admitted by the fugitive himself.

Such is the present law; and, much opposed and maligned as it is, it is more favorable to the fugitive slave than the law enacted during Washington's administration, in 1793, which was sanctioned by the North as well as by the South. The present violent opposition has sprung up in modern times. From whom does this clamor come? Why, look at the proceedings of the antislavery conventions; look at their resolutions. Do you find among those persons who oppose this Fugitive Slave Law any admission whatever, that any law ought to be passed to carry into effect the solemn stipulations of the Constitution? Tell me any such case; tell me if any resolution was adopted by the convention at Syracuse favorable to the carrying out of the Constitution. Not one! The fact is, Gentlemen, they oppose the constitutional provision; they oppose the whole! Not a man of them admits that there ought to be any law on the subject. They deny, altogether, that the provisions of the Constitution ought to be carried into effect. Look at the proceedings of the antislavery conventions in Ohio, Massachusetts, and at Syracuse, in the State of New York. What do they say? "That, so help them God, no colored man shall be sent from the State of New York back to his master in Virginia!" Do not they say that? And, to the fulfilment of that they