103
WRITINGS OF 5AM HOUSTON, 1849
which admits of no waiver or dispensation. Its binding force was deliberately recognized by Congress in the joint Resolution, adopted for annexing Texas to the United States. Among the conditions expressed in that enactment to which the consent of that Republic was vreemptorily exacted, as a prerequisite to he1· admission into the Union, will be found the following, viz: "New States of convenient size and not exceeding four in number, in addition to the said State of Texas, and having sufficient popula- tion, may, hereafter, by the consent of the said State, be formed out of that portion of said territory lying south of the thirty-six degrees, thirty minutes north latitude, commonly known as the Missouri Com,prornise line, shall be admitted into the Union, with, or without slavery, as the people of each State, asking ad- mission, may clesfre. And in such State or States, as shall be formed out of said territory, north of said MissoU1-i Com,p1·omise line, slavery or involuntary servitude (except for crime) shall be prohibited." The consent of the Texian Republic to the said condition was given in every possible mode whereby it could be manifested by her government and people. It was manifested in most solemn form by her Executive Government, by her Leg- islature, by her Deputies in Convention, and by her people at the polls;-·and finally it was attached to, and became a part of the Constitution, under which she was admitted as a State into the Union! Whenever a question may arise involving the application of this "RULE OF ACTION," I must and will obey its command. Such was the case, when the bill for the organiza- tion of Oregon as a territory was brought forwa1·d. No part of this territory lay South of the parallel of 42 degrees, its southern . limit being more than five and one-half degrees north of the Missouri Compromise line. Oregon, owing to her isolated position and to the protracted remissness and neglect of the Government of the United States, continued through a series of years, touching her exigencies and wants, had formed a provisional government for her own protection and internal regulation, whereby slavery was excluded from her territory. Her right to do so, under the circumstances, could not be questioned. At previous sessions, many Democratic members from the South had voted in favor of the Oregon BiTI containing this provision against slavery. The acquisition of New Mexico and California by treaty, previously to that session
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