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Ca. VI.]

CALIFORNIA NOT YET ADMITTED.

more to the strength and wealth of the nation, than any which have preceded them since the adoption of the Constitution."

Having expressed himself in favor of the extension of the Missouri compromise line, from the western border of Texas to the Pacific Ocean, which in fact would have been decidedly to the advantage of the south and of those who favored the extension of slave territory, Mr. Polk gave an account of the finances of the government. The last year's receipts, it was stated, had fallen little short of $35,500,000; whilst the expenditure had mounted up to nearly $43,000,000. But the receipts of the next year were estimated at above $57,000,000; and the total expenditures at nearly $3,000,000 less: and hopes were held out that the ordinary peace expenditure would not amount to so much as $29,000,000. After speaking in high terms of the new tariff, the public debt was mentioned, and the amount was stated to be $65,778,450. Other topics received attention, as the post-office, the "American system," the veto power, etc., and the message closed with an invocation of God's blessing the deliberations of Congress, that so they might "redound to the happiness, the honor, and the glory of our beloved country."

upon

Notwithstanding this was the short session, considerable public business was transacted. Senator Douglas, of Illi

1848.

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ment. The want of harmony, however, between the Senate and the House on the subject of the "Wilmot pio viso," the former being opposed, the latter being decidedly in favor of this proviso, prevented all effective legisla tion with regard to the new regions of territory belonging to the United States. Mr. Douglas gave as his reasons for introducing his bill that the population had increased so rapidly, there was no reason to wait for the usual forms of procedure. But though both Louisiana and Texas were cited as precedents, the judiciary committee reported, on the 9th of January, against the scheme; whereupon the Illinois Senator drew a new bill, in accordance with the intimation of the committee, and by it proposed to establish both New Mexico and California as new states at once, and to leave the inhabitants of them to determine whether or not to allow slavery there for themselves; but this plan met with no more favor than the former, or than three other bills, all devised for the solution of the difficulty. On the 2d of February, the motion to take it from the table was negatived by a very decided vote.

1849.

There being no probability of passing a bill for the organization of the new territories, Mr. Walker, of Wis

* On the 13th of December, Senator Benton, whose views on the subject of slavery were well understood, presented a petition from the people of New Mexico, praying for a territorial government, and against the dismemberment of their territory in favor of Texas, and also against the introduction of domestic slavery. After considerable debate, the motion to print this petition was carried by a vote of thirty-three to fourteen

nois, at as early a day as practicable, introduced a bill for the admission of California as a state, without the preliminary passage through the different grades of territorial govern- Mr. Benton himself being one of the majority.

consin, on the 29th of February, intro- tion or treaty between the United duced into the Senate an amendment States and Great Britain, for the im to the civil and diplomatic appropria-provement of the postal communica tion bill, providing for the extension of tions between the territories of the two the revenue laws over California and parties, was signed in London on the New Mexico, and also the Constitution 15th of December, 1848. The Senate of the United States, with all general confirmed the treaty on the 5th of Jan laws applicable to the case; which hav- uary, 1849. ing been adopted by a small majority, the House further amended the bill, by adding to it the favorite "Wilmot proviso." Fresh debate arose upon this phase of the affair, and the original measure was in imminent hazard of not being carried at all, to the jeopardy of the public service. But at length, at five o'clock on Sunday morning, March the 4th, 1849, the Senate having been kept from breaking up by the tact and influence of Daniel Webster, both Houses withdrew their amendments, and the bill passed; the Senate at the same time passing the bill for extending the revenue laws to California, which had already been adopted by the House. Thus everything failed in relation to the establishing a temporary government for California and New Mexico.

Among the principal acts of the session may be mentioned, the establishing a territorial government for Minnesota; the making arrangements for the seventh census; the organization of the department of the interior, and the appointment of an assistant secretary of state; the running and marking off the northern boundary of the state of Iowa; and a resolution authorizing the secretary of war to furnish emigrants to Oregon, California, and New Mexico, with suitable arms and ammunition. We may also note here, that a conven

The steady perseverance of those who wished to effect the abolition of slavery in the District of Columbia, rather alarmed the southern members of Congress, and they determined to hold a convention in relation to this topic, so as to discuss and fix upon the course which they ought to adopt in the existing state of affairs. Accordingly, sixty-eight members of Congress assembled in the Senate chamber, on the 23d of December, 1848, and Sena tor Metcalfe of Kentucky, presided.

A series of resolutions, based on the Virginia resolutions of 1798, were introduced by T. H. Bayley, of Virginia, and referred to a committee; and, on the 15th of January, Mr. Calhoun, in behalf of the committee, reported an "Address of the Southern Delegates, to their Constituents," which, after reciting the constitutional provisions respecting slavery, and the alleged violations of the constitutional rights of the slave states by the northern or free states, called upon the south to present a united and immovable front, and to be ready to defend their rights. Nearly ninety members attended this second meeting, and at a third meeting, on January the 22d, a smaller number being present, Mr. Calhoun's address was adopted, in preference to one "to the People of the United States," sub

1849.

CA. VI.]

REVIEW OF MR. POLK'S FOUR YEARS.

mitted as a substitute for it, by John M. Berrien, of Georgia, and was signed by forty-eight members, forty-six being democrats and only two being whigs.

The discovery and the importance of the gold region on the shores of the Pacific, gave rise to various schemes for establishing railroad communication between the eastern and western territory of our republic. Several plans were brought forward in Congress; but the only one that received attention, was that which contemplated a railroad across the Isthmus of Panama, so as to reduce the distance to California from the Atlantic states, from some seventeen thousand miles (which was the distance by way of Cape Horn), to less than six thousand miles. The bill which Mr. Benton brought forward in the Senate, to accomplish this object, did not receive the support of the majority in that body. The overland route also, though the distance was much less, was not considered at all practicable at this date.

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of Mr. Polk's administration were the faults of his cabinet; the merits of it were all his own. "The Mexican war, under the impulse of speculators, and upon an intrigue of Santa Anna, was the great blot upon his administration; and that was wholly the work of the intriguing part of his cabinet. . . . The acquisition of New Mexico and California were the distinguishing events of his administration-fruits of the war with Mexico; but which would have come to the United States without that war, if the president had been surrounded by a cabinet free from intrigue and selfishness, and wholly intent upon the honor and interest of the country." We shall not, however, in this place undertake any review of the measures of Mr. Polk and his advisers during the four years of his presidency. For reasons which have been already stated, we do not feel called upon here to express any opinion as to the due meed of praise or censure which belongs to him and his acts. We leave him to the judg ment of posterity.*

* In this connection, we may refer the reader to the Hon. Lucien B. Chase's “History of the Polk Adminis

With the 4th of March, 1849, the session of Congress ended; and at the same time Mr. Polk's four years of public service reached their termination. They were stirring and eventful years; tration," N. Y., 1850, pp. 512. Mr. C. claims to have and at some future day they will af ford wide scope for the historian of our country to do them justice. Senator Benton is of opinion that the faults

shown entire impartiality and fairness, and as his volume is full of documentary matter, the reader may consult it to advantage. We also place on record here the death of Mr. Polk, which took place at Nashville, Ten. nessee, June 15th, 1849.

APPENDIX TO CHAPTER VI.

TREATY OF PEACE WITH MEXICO. By the President of the United States of America.

A PROCLAMATION.

WHEREAS a treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, was concluded and signed at the city of Guadaloupe Hidalgo, on the second day of February, one thousand eight hundred and forty-eight, which treaty, as amended by the Senate of the United States, and being in the English and Spanish languages, is word for word as follows:

In the Name of Almighty God:

The United States of America and the United Mexican States, animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two republics, and to establish upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbors, have for that purpose appointed their respective plenipotentiaries that is to say, the president of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the president of the Mexican republic has appointed Don Luis Gonzago Cuevas, Don Bernardo Conto, and Don Miguel Atristain, citizens of the said republic, who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following

Treaty of peace, friendship, limits, and settlement, between the United States of America and the Mexican republic.

ARTICLE I.

There shall be firm and universal peace between the United States of America and the Mexican republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons.

ARTICLE II.

Immediately upon the signature of this treaty, a convention shall be entered into between a con. missioner or commissioners appointed by the general-in-chief of the forces of the United States, and such as may be appointed by the Mexican government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be re-established, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation.

ARTICLE III.

Immediately upon the ratification of the pres ent treaty by the government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this treaty shall then have been ratified by the government of the Mexican republic, and the ratifications exchanged) imme diately to desist from blockading any Mexican ports; and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican republic, to points that shall be selected by common agree ment, at a distance from the sea-ports not exceed ing thirty leagues; and such evacuation of the interior of the republic shall be completed with the least possible delay; the Mexican govern ment hereby binding itself to afford every facility in its power for rendering the same convenient to the troops on their march and in their new posi tions, and for promoting a good understanding between them and the inhabitants. In like manner, orders shall be dispatched to the persons in charge of the custom-houses at all ports occupied by the forces of the United States, requiring them (under the same conditions) immediately to deliver possession of the same to the persons

Cu. V1.]

TREATY OF PEACE WITH MEXICO.

authorized by the Mexican government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports collected at such custom-houses or elsewhere in Mexico by authority of the United States, from and after the day of ratification of this treaty by the government of the Mexican republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican government, at the city of Mexico, within three months after the exchange of ratifications.

The evacuation of the capital of the Mexican republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner if possible.

ARTICLE IV.

Immediately after the exchange of ratifications of the present treaty, all castles, forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican republic, as about to be established by the following article, shall be definitively restored to the said republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the government of the Mexican republic. To this end, immediately upon the signature of this treaty, orders shall be dispatched to the American officers commanding such casles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said city, is comprehended in the above stipulations, as regards the restoration of artillery, apparatus of war, etc.

The final evacuation of the territory of the Mexican republic, by the forces of the United States, shall be completed in three months from

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the said exchange of ratifications, or sooner if possible; the Mexican government hereby en gaging, as in the foregoing article. to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

If, however, the ratification of this treaty by both parties should not take place in time to allow the embarkation of the troops of the United States to be completed before the commencement of the sickly season at the Mexican ports on the gulf of Mexico, in such case a friendly arrangement shall be entered into between the general-in-chief of the said troops and the Mexican government, whereby healthy and otherwise suitable places at a distance from the ports not exceeding thirty leagues shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of November.

All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed, that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the government of the said United States will exact the release of such captives, and cause them to be restored to their country.

ARTICLE V.

The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the west

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