Copyright 2000 - 2003 - Janine M. Bork
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Union County, OR AGHP
CHAPTER XXXIV.
(1846 - 1848.)
Oregon's Struggle in Congress to Become a Territorial Government.
IT IS foreign to the legitimate purposes of this work, and equally unnecessary, to establish the relative measure of service in promoting the establishment of the Oregon territorial government rendered by the two so-called delegates from Oregon, both of whom had reached Washington City within the month of May, 1848. The one, J. Quinn Thornton, had been accredited by the executive of the Provisional government. The other, Joseph L. Meek, with the less pretentious title of special messenger, had been selected by the representatives of the people in their Legislative Assembly. The latter carried the legislative prayer for consideration by the national government. It had been made his special duty to invoke the attention of Congress, and the national Executive, to the claims of the American settlers in Oregon; to remind that government how much had been done by those settlers in securing the sovereign rights of the Nation to its Pacific possessions; to ask only that the government would enter upon its first of duties to assume control and exercise authority.
What Thornton's mission was, what he claims it to have been, or what he accomplished, and how he acquitted himself in the performance of those herculean labors, those complex and manifold self-imposed duties, are fully set out in numerous autobiographic historic sketches of that delegateship (1).
The principal features of Meek's mission to Washington City have been graphically preserved. The presence of both at the Federal seat of government did much to attract the attention of the President, Congress and the Nation to Oregon Territory. Their personal purposes having been somewhat adverse was perhaps a fortunate circumstance. It has been suggested that its tendency was to defeat schemes of personal ambition or aggrandizement, and that it aided in securing more disinterested service to the respective constituencies of the two delegates.
On the 6th of August, 1846, President polk, when communicating to Congress copies of the settlement of the Oregon controversy by the Treaty of Limits of June 15, 1846, thus invoked congressional consideration of the territory:
"It now becomes important that provision should be made by law, at the earliest practicable period, for the organization of a territorial government in Oregon. It is also deemed proper that our laws regulating trade and intercourse with the Indian tribes east of the Rocky Mountains should be extended to such tribes within our territory as dwell beyond them, and that a suitable number of Indian agents should be appointed for the purpose of carrying these laws into execution. It is likewise important that mail facilities for the
(1) Notably,
Thornton's "History of California and Oregon." "History of the Provisional
Government," by J. Quinn Thornton, in "Transactions of Oregon Pioneers,"
1874. Thornton-Victor Controversy, Oregonian. Thornton's Statement
to S.A. Clarke. "Pioneer Days" in Sunday Oregonian, etc., etc.
diffusion of information should be afforded to our citizens west of the Rocky Mountains. There is another subject to which I desire to call your special attention. It is of great importance to our country generally, and especially to our navigating and whaling interests, that the Pacific coast, and indeed the whole of our territory west of the Rocky Mountains, should speedily be filled up by a hardy and patriotic population. Emigrants to that territory have many difficulties to encounter and privations to endure in their long and perilous journey; and, by the time they reach their place of destination, their pecuniary means are generally much reduced, if not altogether exhausted. Under these circumstances, it is deemed but an act of justice that these emigrants, whilst most effectually advancing the interest and policy of the government, should be aided by liberal grants of land. I would, therefore, recommend that such grants be made to actual settlers, upon the terms and under the restrictions and limitations which Congress may think advisable."
Upon the conclusion of the reading of the message, Stephen A. Douglas, chairman of the Committee on Territories in the House of Representatives, obtained unanimous consent to report from that committee a bill to establish the territorial government of Oregon. The bill having been read twice by title was referred to the Committee of the Whole. Amendments were made, one adding to section twelve, "and neither slavery nor involuntary servitude shall ever exist in said territory except for crime, whereof the party shall have been duly convicted." Another extended the Indian laws over the territory. Another created an Indian agency. The bill and amendments, being reported to the House, were passed. The session closed without the Senate taking action upon the bill.
President Polk, December 8, 1846, in his annual message to Congress, at the session following, thus urgently invited the attention of that body to the condition of affairs in the territory of Oregon:
"It will be important, during your present session, to establish a territorial government, and to extend the jurisdiction and laws of the United States over the territory of Oregon. Our laws regulating trade and intercourse with the Indian tribes east of the Rocky Mountains should be extended to the Pacific Ocean; and for the purpose of executing them, and preserving friendly relations with the Indian tribes within our limits, an additional number of Indian agencies will be required, and should be authorized by law. The establishment of custom-houses, and of postoffices, and post roads, and provisions for the transportation of the mail on such routes as the public convenience will suggest, require legislative authority. It will be proper, also, to establish a surveyor-general's office in that territory, and to make the necessary provision for surveying the public lands and bringing them into market. As our citizens who now reside in that distant region have been subjected to many hardships, privations and sacrifices in their emigration, and by their improvements have enhanced the value of the public lands in the neighborhood of their settlements, it is recommended that liberal grants be made to them of such portions of these lands as they may occupy, and that similar grants or rights of pre-emption be made to all who may emigrate thither within a limited period to be prescribed by law."
Stephen A. Douglas, chairman
of the Committee on Territories, House of Representatives, had (early in
the session of 1846-7) introduced "A Bill to Establish the Territorial
Government of Oregon." He secured consideration of it by the House in Committee
of the Whole, on the 11th of January, 1847. Upon that day, the larger part
of the discussion was upon the application of the anti-slavery provision
of the ordinance
of 1787 (section twelve), and section five, which defined the qualifications of voters in the territory. Without concluding the consideration by sections, the committee rose and reported to the House the progress made. On the 16th of January, 1847, the House again passed the Douglas bill. The Senate rejected the bill. It is enough to say that the ordinance of 1787, reaffirmed in section twelve, was the all-sufficient explanation for its failure; for the delay of the American settler of Oregon to secure recognition of his claims.
At the next session of Congress, President Polk, in his annual message, December 7, 1847, again urged the claims of ORegon to immediate consideration:
"The attention of Congress was invited, at their last and the preceding session, to the importance of establishing a territorial government over our possessions in Oregon; and it is to be regretted that there was no legislation on the subject. Our citizens who inhabit that distant region of country are still left without the protection of our laws, or any regularly organized government. Before the question of limits and boundaries of the territory of Oregon was definitely settled, from the necessity of their condition, the inhabitants had established a temporary government of their own. Besides the want of legal authority for continuing such a government, it is wholly inadequate to protect them in their rights of person and property, or of other citizens, to which they are entitled under the Constitution of the United States. They should have the right of suffrage, be represented in a territorial legislature, and by a delegate in Congress, and possess all the rights and privileges which citizens of other portions of the territories of the United States have heretofore enjoyed, or may now enjoy. Our judicial system, revenue laws, laws regulating trade and intercourse with the Indian tribes, and the protection of our laws generally, should be extended over them. In addition to the inhabitants in that territory who had previously emigrated to it, large numbers of our citizens have followed them during the present year; and it is not doubted that during the next and subsequent years their numbers will be greatly increased.
"Congress, at its last session, established post routes leading to Oregon, and between different points within that territory, and authorized the establishment of postoffices at 'Astoria and such other places on the coasts of the pacific, within the territory of the United States, as the public interests may require.' Postoffices have accordingly been established, deputy postmasters appointed, and provision made for the transportation of the mails. The preservation of peace with the Indian tribes residing west of the Rocky Mountains will render it proper that authority should be given by law for the appointment of an adequate number of Indian agents to reside among them.
"I recommend that a surveyor-general's office be established in that territory, and that the public lands be surveyed and brought into market at an early period. I recommend also, that grants upon liberal terms, of limited quantities of the public lands, be made to all citizens of the United States who have emigrated or may hereafter within a prescribed period emigrate to Oregon and settle upon them. These hardy and adventurous citizens, who have encountered the dangers and privations of a long and toilsome journey, and have at length found an abiding place for themselves and their families upon the utmost verge of our western limits, should be secured in the homes which they have improved by their labor."
Stephen A. Douglas in the meantime
had been transferred from the House of Representatives to the United States
Senate. As chairman of the Committee on Territories of the latter body,
on the 10th of January, 1848, he introduced a bill for
establishing the territorial government of Oregon. He substituted for section twelve of the bill rejected by the Senate, which had provided that the anti-slavery clause of the ordinance of 1787 should be applicable to the territory, an express congressional ratification of the Articles of Compact of the Provisional government, which embodied that clause, and had been ratified by a vote of the people of Oregon, as part of their fundamental law. The bill had been made the special order in the Senate for April 26th, but it went over to give precedence to the California Claims Bill and the $3,000,000 loan. On the 8th of May, the petition of the Oregon Provisional legislature, as to the Cayuse war and other urgent matters, had reached the city of Washington. On the 29th, that petition was formally presented in both houses of Congress, and made the reason for special message by the President, in which he said:
"I lay before Congress the accompanying memorial and papers, which have been transmitted to me by a special messenger, employed for that purpose by the Governor and 'Legislative Assembly of Oregon Territory,' who constitute the temporary government which the inhabitants of that distant region of our country have, from the necessity of their condition, organized for themselves. The memorialists are citizens of the United States.
"They express ardent attachment to their native land; and, in their present perilous and distressed situation, they earnestly invoke the aid and protection of their government. They represent that 'the proud and powerful tribes of Indians' residing in their vicinity have recently raised 'the war-whoop and crimsoned their tomahawks in the blood of their citizens;' that they apprehend that 'many of the powerful tribes inhabiting the upper valley of the Columbia have formed an alliance for the purpose of carrying on hostilities against their settlements;' that the number of the white population is far inferior to that of the savages; that they are deficient in arms and money, and fear that they do not possess strength to repel 'the attack of so formidable a foe, and protect their families and property from violence and rapine.' They conclude their appeal to the government of the United States for relief by declaring: 'If it be at all the intention of our honored parent to spread her guardian wing over her sons and daughters in Oregon, she surely will not refuse to do it now, when they are struggling with all the ills of a weak and temporary government, and when perils are daily thickening around them and preparing to burst upon their heads. When the ensuing summer's sun shall have dispelled the snow from the mountains, we shall look with glowing hope and restless anxiety for the coming of your laws and your arms.'
"In my message of the 5th of August, 1846, communicating 'a copy of the convention for the settlement and adjustment of the Oregon boundary,' I recommended to Congress that 'provision should be made by law at the earliest practicable period, for the organization of a territorial government in Oregon.'"
"In my annual message of December, 1846, and again in December, 1847, this recommendation was repeated. The population of Oregon is believed to exceed twelve thousand souls; and it is known that it will be increased by a large number of emigrants during the present season. The facts set forth in the accompanying memorial and papers show that the dangers to which our fellow citizens are exposed are so imminent, that I deem it to be my duty again to impress on Congress the strong claim which the inhabitants of that distant country have to the benefit of our laws and the protection of our government.
"I therefore again invite the
attention of Congress to the subject, and recommend that laws be promptly
passed establishing a territorial government, and granting authority
to raise an adequate volunteer force for the defense and protection of its inhabitants. It is believed that a regiment of mounted men, with such additional force as may be raised in Oregon, will be sufficient to afford the required protection. It is recommended that the force raised for this purpose should engage to serve for twelve months, unless sooner discharged.
"No doubt is entertained, with proper inducements in land bounties, such a force can be raised in a short time. Upon the expiration of their service, many of them will doubtless desire to remain in the country, and settle upon the land which they may receive as bounty. It is deemed important that provision be made for the appointment of a suitable number of Indian agents to reside among the various tribes in Oregon, and that appropriations be made to enable them to treat with these tribes, with a view to restore and preserve peace between them and the white inhabitants.
"Should the laws recommended be promptly passed, the measures for their execution may be completed during the present season, and before the severity of winter will interpose obstacles in crossing the Rocky Mountains. Of not promptly passed, a delay of another year will be the consequence, and may prove destructive to the white settlements in Oregon."
Such was the attitude of ORegonian affairs at the national Capital; such the thorough knowledge of her needs, her claims, and as to the relief required; such the status of congressional legislation and animus towards the territory, and upon the vital question of establishing a territorial government before and at the time of the arrival of Messrs. Meek and Thornton. As the legislation which subsequently was consummated differed in no material feature from the legislation theretofore proposed and pending, it is safe to say that it was neither conceived nor molded by either of the two delegates.
In the House of Representatives (May 29th), Caleb B. Smith of Indiana, chairman of the Committee on Territories, had asked the general consent of the House to make the Oregon Territorial Government Bill the special order immediately after the disposition of the general appropriation bills. John A. McClernand of Indiana insisted on modifying Mr. Smith's request by referring the bill at once to the Committee of the Whole, and proceeding wit its consideration till finally disposed of by the House.
A that stage the President's special message, accompanying the legislative memorial, was received and read. Howell Cobb appealed to Mr. Smith to modify his motion so as to secure immediate action. In the debate, it was urged that the protection demanded (the immediate necessity for which existed) could better be secured by a separate bill, which could be promptly passed; that the territorial organization bill was not necessarily connected with granting the relief, and could be subsequently matured. The House sent the message, with the petition, to the Committee on Military Affairs.
In the Senate, June 1st, in the
absence of Senator Douglas, on motion of Jesse D. Bright of Indiana, consideration
of the a bill was resumed to establish the territorial government of Oregon.
John P. Hale moved to insert a section engrafting upon the bill the provisions
of the ordinance of 1787. Senator Butler of South Carolina explained that
the opposition to the bill of last session arose from the intention to
make it conform to the Iowa laws. Senator Bright regretted the absence
of Senator Douglas, and explained that the bill was called up in consequence
of the urgent condition of affairs in Oregon, and in response to the President's
special message. He asserted that the bill was substantially the same as
the admission bills of Wisconsin and Iowa, except the twelfth section,
which somewhat varies: "The laws of Oregon now prohibit slavery; and these
laws will remain unless changed by legislative authority." He deprecated Senator Hale's amendment, because it would provoke discussion and delay the passage of the bill. He was willing to accept a substitute for said twelfth section. To an interrogatory of Senator Westcott of Florida, Senator Bright conceded that the act of the Provisional government of Oregon excluded slavery. Thereupon Senator Hale withdrew his amendment. The question recurring on the motion of Mr. Westcott to strike out section twelve, Senator Bright, for the friends of the bill, consented that it should be stricken out. Thereupon Senator Hale gave notice that he would, at the proper time, renew his amendment.
Senator John C. Calhoun said that striking out section twelve would not remove the difficulty. Three questions were involved: 1st. The power of Congress to interfere with persons emigrating with their property into the State; 2d. The power of the territorial government to do so; 3d. The power of Congress to vest such power in this territory. He, Mr. Calhoun, did not wish to delay the passage of the bill. But if the matter introduced was to be gone into, it would be best to separate the military authority from the residue, and act upon that only at present. Mr. Miller of new Jersey expressed surprise at the assumption that the Oregon people had no right to prohibit slavery. He asked, "from whence the authority to create slavery there?" Daniel S. Dickinson said: "Strike out section twelve, and leave the territorial government to take care of itself."
Senator Bagby of Alabama wanted the twelfth section stricken out. "It was an eyesore; without it he would support the bill." He called the doctrine of Senator Dickinson monstrous, and protested against "stirring up agitation in reference to a territory into which it was generally admitted that slavery was not liable to enter." Senator hale interposed, saying "he had withdrawn his firebrand; and this is a Southern firebrand now thrown in." Bagby replied "that Hale intended to renew it. The Northern fire burns more slowly than the Southern fire; and, whenever the Senator form new Hampshire desires to renew it, he has wind enough to kindle a flame." The Senator, continuing, denounced "the new doctrine as to these ephemeral things called territorial governments, by which any twenty thousand settlers on the public lands might set up a government, and demand the right to enact their own laws. He contended that a power could not be delegated to a creature which the creator did not possess. If, by inherent right, the people could form a government, why do they come to Congress to ask the power? To what extent could Congress confer power? Not beyond the power vested in it by the Constitution."
Henry S. Foote of Mississippi, having lectured Senator Bagby for discussing a question that it had been the desire of Senators, by a mutual understanding, to avoid, then turned his attention to Senator Hale. Mr. Foote was opposed "to the agitation of this question at the present time, as it might enable an individual, to whom the Abolitionists were attracted, to increase his popularity, and might also have the effect of exciting the South so as to weaken the great party to which he was attached in that section of the Union. There was a plan on foot to distract the South, which he would expose at a proper time." The debate was continued by Senators Hale, Butler and Foote; and but little that was said was germane to a legitimate consideration of the claims of Oregon.
On the next day, Senator Bright
commenced the consideration of the bill by withdrawing the motion to strike
out section twelve. John M. Berrien of Georgia renewed the motion, and
called for the yeas and nays, which were ordered. Thereupon Senator Westcott
asked "if Senators understood the character and effect of the existing
laws in Oregon. He alluded to all the laws. We were about to sanction laws
which have not yet
been submitted to us. There was among them a sumptuary law prohibiting the introduction of any ardent spirits into the territory." (Mr. Hale: Good!) "The Senator from New Hampshire says, 'good,' and he will probably vote for the bill. But he (Westcott) would ask if the territorial government had a right to interfere with the United States system of import duties? The Provisional government of Oregon was merely an assemblage of emigrants who first went there, of all nations and castes, and never was recognized as a government while we held the territory in joint occupation with Great Britain.
Senator Turney of Tennessee favored striking out, when the motion had been made by the Senator from Indiana, because he regarded its intention was to conciliate the North and South. But that Senator had withdrawn it, and it was renewed by a Southern Senator; so that it was intended now, to make it a sectional question. This was a violation of the common platform agreed upon by the Democratic party. He warned Senators who advocated retaining the section of the dangers to which they subjected themselves by withdrawing the motion to strike out. The party would be at sea, and there could be no union between the North and South.
Senator George E. Badger of North Carolina briefly stated his reasons for voting to retain the twelfth section: "The settlers in Oregon, for the purpose of self-defense, had established a Provisional government. Congress was now called upon to sanction the acts of this Provisional government. Should this section be stricken out, the people of Oregon will be left in a situation in which they will have no laws which can be carried into execution. Months must elapse before the system now to be established can be made effective. temporary force must be given to the laws now existing, or they must be abolished. The retention of the section was necessary to enable the people to obtain the benefits of the existing laws. The inhabitants ought to have power to establish their own municipal regulations. The restrictions in the Senate bill were amply sufficient to prevent evil results." The debate had been continued on the slavery question, rather than upon the bill, or section twelve, by Senators Rusk of Texas, Butler of South Carolina, Niles of Connecticut and Downs of Louisiana, when Senator Sam Houston of Texas, for the purpose of ending the discussion, moved to amend the section by inserting after the word "act" in line nine, the words, "or in violation of any rights by the laws or Constitution of the United States vested in, or secured to, the citizens of the United States or any of them," so that the said section would read:
"Sec. 12. And be it further enacted, that the inhabitants of the said territory shall be entitled to all the rights, privileges and immunities heretofore granted and secured to the territory of Iowa and to its inhabitants. And the existing laws now in force in the territory of Oregon, under the authority of the Provisional government established by the people thereof, shall continue to be valid and operative therein, so far as the same be not incompatible with the provisions of this act, or in violation of any rights by the laws or Constitution of the United States vested in, or secured to, the citizens of the United States or any of them; subject, nevertheless, to be altered, modified or repealed by the Governor and Legislative Assembly of the said territory of Oregon; and the laws of the United States are hereby extended over, and declared to be in force in, said territory, so far as the same, or any provision thereof, may be applicable."
The amendment having been agreed
to, the question recurred on the motion to strike out the section. A desultory
debate followed by several Senators, and the Senate adjourned without taking
a vote. The consideration of the bill by the Senate, as in Committee of
the Whole, occupied the next day. The Senators taking part in the discussion
were Jefferson Davis of Mississippi, Badger of North Carolina, Reverdy Johnson of Maryland and Foote of Mississippi. Senator Davis offered the following amendment to come in at the close of the bill: "Provided, that nothing contained in this act shall be so construed as to authorize the prohibition of domestic slavery in said territory, whilst it remains in the condition of a territory of the United States.
Senator Hale remarked that he regarded the proper course to be pursued was to take the question on the amendment that he had offered and withdrawn; and he gave notice that, when the bill came up, he should move the following amendment:
"Sec. 12. That the inhabitants of said territory shall be entitled to enjoy all and singular the rights, privileges and advantages granted and secured to the people of the territory of the United States northwest of the river Ohio, by the Articles of Compact contained in the ordinance for the government of said territory on the 13th day of July, 1787, and shall be subject to all the conditions and restrictions and prohibitions in said Articles of Compact imposed upon the people of said territory; and the existing laws now in force in the territory of Oregon, under the authority of the Provisional government established by the people thereof, shall continue to be valid and operative therein, so far as the same be not incompatible with the principles and provisions of this act, subject, nevertheless, to be altered, modified or repealed by the Governor and legislative Assembly of the said territory of Oregon; and the laws of the United States are hereby extended over, and declared to be in force in, said territory, so far as the same, or any provision thereof, may be applicable."
On Monday, June 26th, the Senate resumed consideration of the bill, the pending question being the amendment offered by Senator Davis. The Senate was addressed by Senator Dix of New York at length, who concluded his speech: "We are bound to take a territory as we find it. If we find slavery there, we ought not to abolish it. If we find that no slavery exists there, we ought not to introduce it so long as it continues in the condition of a territory; and we have no power over the regulation of the subject as soon as the territory becomes a state."
That memorable debate, in which many distinguished Senators participated, in which it appeared so manifest that the Senate desired to avoid the issue as made, continued form day to day whenever the business permitted a consideration of the bill, until the 12th of July. On that day Senator Clayton of Delaware, of the Committee on Territories, stated that that committee was preparing a bill relative to the new territories (California and New Mexico), but, as the committee consisted of but four members, they made but little progress. He moved that the Oregon Territorial Government Bill be recommitted to a special committee of eight members, to be appointed by ballot, four to be selected form the North, and four from the South. He would go further, and add two from each party in the South, and two from each party in the North. The proposition having been modified to discharge the Committee on Territories from further consideration of "so much of the President's message as relates to New Mexico, California and Oregon, and that the same be referred to a Select Committee of eight," was adopted by a vote of thirty-one ayes to fourteen noes. The Select Senate committee, chosen next day, consisted of Senator John M. Clayton, Chairman, Senators Bright, Calhoun, Clarke of Rhode Island, Atchison of Missouri, Phelps of Vermont, Dickinson of New York, and Underwood of Kentucky.
On the 18th of July, Senator
Clayton, from the Select Committee, reported a bill containing twenty-seven
sections for the organization of the three territories of Oregon, California
and New Mexico. In reporting the bill, Mr. Clayton explained its provisions:
"This bill resolves the whole question between the North and South into a constitutional and judicial question. It only asks of men of all sections to stand by the Constitution and suffer that to settle the difference by its own tranquil operation. If the Constitution settles the question either way, let those who rail at the decision vent their indignation against their ancestors who adopted it. We offer no bill to introduce slavery by congressional enactment into any free territory. If, as the South contends, the Constitution gives the right to carry their slaves there, they will maintain that right. If, as the North contends, the Constitution confers no such right, they will vindicate their claim. and Oregon will be at once organized as a territory, with power to elect their own legislature, a power which the committee think cannot now, with any propriety, be conferred upon the population of the two other territories."
The bill was read a first and second time, and ordered to be printed. On motion of Mr. Clayton, the Compromise Bill to establish territorial governments in Oregon, California and New Mexico was taken p by the Senate. Senator Clarke, one of the committee, expressed his dissent to the bill. The discussion continued through several days. On the 26th, the Senate continued its session until two o'clock A.M. of the following morning, when the voting commenced upon the amendments. At seven minutes before eight o'clock A.M. Thursday morning, July 27, 1848, after a session of twenty-one hours, the amendments had all been disposed of, and the bill had passed the Senate by a vote of thirty-three ayes, twenty-two noes. The Senate then adjourned until Friday. On the 28th of July, the Oregon bill was taken up in the House. It was a bill which referred alone to Oregon. The Compromise-three-territory Bill, which had passed the Senate, had been reported to the House. That body at once laid it on the table, without any further proceeding; and that was the end of it, as it required a two-thirds vote to secure its further consideration. The House then proceeded upon its own bill, perfected it, passed it, and sent it to the Senate.
The discussion of the Oregon Territorial Bill had been commenced in the House on the 28th of July. On the ensuing Monday (July 31), the House resumed, and from day to day continued consideration of the bill in Committee of the Whole. On the 2d of August, the bill, and several amendments made in committee, were reported to the House. The amendments having all been acted on, the bill passed under the operation of the previous question, ayes one hundred and twenty-nine, noes seventy-one.
In the Senate, August 3d, the
House bill to establish a territorial government for Oregon was received,
read a first and second time, and referred to the Committee on Territories.
On the 7th of August, on motion of Senator Douglas, the Senate proceeded
to the consideration of the bill to establish the territorial government
of Oregon. The bill being before the Senate as in Committee of the Whole,
the several amendments reported by the Committee on Territories were considered.
The second amendment was to insert, at the beginning of section fourteen,
"inasmuch as the said territory is north of the parallel of thirty-six
degrees and thirty minutes of north latitude, usually known as the Missouri
Compromise." Senator Underwood moved to strike out the words, "thirty-six
degrees and thirty minutes" and insert "forty-two" and to strike out the
words "usually known as the Missouri Compromise." This provoked an acrimonious
debate. No vote was taken that day. On the 10th of August, the Senate took
up the bill, pending the Underwood amendment. Daniel Webster addressed
the Senate: "He admitted the necessity and propriety of the establishment
of a territorial government in Oregon, and he was willing to vote for this
bill as it came from the House. If amended as now proposed, he would not
be able to vote for it."
Senator Butler contended that California and New Mexico should have been included in the bill for territorial governments. He complained bitterly of the treatment, by the House, of the Senate compromise measure, and avowed his opposition to the bill now before the Senate. Senator Underwood withdrew his amendment, and the question recurred on the committee amendment. The debate was continued by Senators Calhoun, Mangum, Hiles, Webster, Metcalfe, Johnson of Maryland, Berrien, Foote and Johnson of Georgia. The Senate took a recess, and commenced its night session at 5:30 P.M. Mr. Foote moved to lay the bill on the table, which motion was lost, ayes fifteen, noes thirty-six. A spirited debate continued until ten o'clock. The committee amendment was then voted down, yeas two, nays fifty-two, on the understanding that, however, that Mr. Douglas was to offer an amendment including the Missouri Compromise. That amendment passed, thirty-three to twenty-one. Senator Jefferson Davis moved to strike out the enacting clause, and insert thereafter the Senate Compromise bill, providing for the admission of the three territories. On the urgent appeal of Senators, he withdrew the motion, the bill came to a vote, and the Senate passed it as amended, thirty-three ayes, twenty-two noes. The House of Representatives, on the 11th, proceeded to the consideration of the Senate amendments to the House bill. By decisive votes on each of the Senate amendments, they were severally non-concurred in by the House.
On the 12th, in the Senate, Senator Douglas moved the appointment of a Committee of Conference. Senator Benton moved the appointment of a Committee of Conference. Senator Benton moved that the Senate recede. Senator Mason of Virginia moved to lay on the table the bill and the amendments. This was lost on a vote by ayes and noes, eighteen to thirty-three. Senator Benton addressed the Senate at length. The chair decided that Mr. Benton's motion took precedence of the motion for a committee of conference. The debate continued. Senators Calhoun, Berrien, Westcott, Down, Bell, and Johnson of Georgia, discussed the bill till the hour of recess. At the evening session, Daniel Webster spoke. Both the Johnsons, Houston, King, Dickinson, Mason and Phelps continued the debate till midnight. The controversy was warm, at times exciting. There were dramatic scenes that night. The Senate refused to adjourn, by a vote of eighteen to thirty-two. Then followed a still more exciting discussion, running into Sunday morning at nine o'clock, which was closed by Senator Foote, who had spoken quite frequently. It was on that memorable Sunday he declared "his ability to speak two entire days and nights without any great inconvenience to himself." The question was then taken on Senator Benton's motion to recede. The recession upon each amendment was voted separately. The amendment conferring the veto power upon the governor was yielded by a vote of thirty-one ayes, twenty-three noes. The second amendment of kindred purport was abandoned, without division.
The great contention, the embodiment of the Missouri Compromise, was receded from, twenty-nine ayes, twenty-five noes. The bill then passed in the precise form it came from the House, in the same language as approved by the President. The President, upon signing the bill, deemed it a proper occasion to give his reasons for such approval. That message to Congress, even at this late date of so great an interest to every student of the history of the nation at large, is surely worthy to hold a place in the annals of the region which he so often, so generously befriended. A few extracts will display his patriotic interest in the territory; how ready he was to accord to it the protection demanded, and his conscientious, conservative tendencies to prevent agitation of the slavery discussion.
"None doubt that it is proper
to establish a government in Oregon; indeed, it has been too long delayed.
I have made repeated recommendations to Congress to this effect.
"The petitions of the people of that distant region have been presented to the government, and ought not to be disregarded. To give to them a regularly organized government and the protection of our laws, which as citizens of the United States they claim, is a high duty on our part, and one which we are bound to perform, unless there be controlling reasons to prevent it."
Nor was he to be swerved from his path by the agitation of the question as to whether Oregon would become a slave or free State. He said:
"The territory of Oregon lies far north of thirty-six degrees, thirty minutes, the Missouri and Texas compromise line. Its southern boundary is the parallel of forty-two, leaving the intermediate distance to be three hundred and thirty geographical miles. And it is because the provisions of this bill are not inconsistent with the terms of the Missouri Compromise, if extended from the Rio Grande to the Pacific Ocean, that I have not felt at liberty to withhold my sanction. Had it embraced territories south of that compromise, the question presented for my consideration would have been of a far different character; and my action upon it must have corresponded with my convictions. Ought we now to disturb the Missouri and Texas compromises? Ought we, at this late day, in attempting to annul what has been so long established and acquiesced in, to excite sectional divisions and jealousies? To alienate the people of different portions of the Union from each other, and to endanger the existence of the Union itself? From the adoption of the Federal Constitution, during a period of sixty years, our progress as a nation has been without example in the annals of history. Under the protection of a bountiful Providence, we have advanced with giant strides in the career of wealth and prosperity. We have enjoyed the blessings of freedom to a greater extent than any other people, ancient or modern, under a government which has preserved order, and secured to every citizen life, liberty and property. We have now become an example for imitation to the whole. The friends of freedom in every clime point with admiration to our institutions."
All the territory of the United
States west of the Rocky Mountains, north of California (forty-two degrees),
to the boundary line fixed by the treaty of June 15, 1846, was free territory
forever, erected into the territorial government of Oregon by Act of Congress,
approved August 14, 1848, entitled, "An Act to Establish the Territorial
Government of Oregon." In its domain was included all of the States of
Oregon and Washington, the whole of Idaho Territory, and so much of the
State of Montana as lies west of the Rocky Mountains.