The Journal of Negro History, Volume 3, 1918. Various

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When a bill providing for the purchase of this territory was laid before the house, David Wilmot, of Pennsylvania, after consultation with other northern democrats, offered the following amendment:

      "Provided that an express and fundamental condition to the acquisition of any territory from the republic of Mexico by the United States, by virtue of any treaty which may be negotiated between them, and to the use by the executive of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime whereof the party shall first be duly convicted."21

      This proviso was adopted by a vote of 83 to 64. The bill carrying this proviso was then reported to the Senate where followed a heated debate which lasted until adjournment, the proviso being killed in the midst of stormy scenes in Congress.22 This discussion showed that few statesmen believed that slavery would be profitable in California. They were not unlike Daniel Webster who, while speaking on the admission of the State of Texas, said that slavery was effectually excluded from California and New Mexico by a law even superior to that which admits and sanctions it in Texas. He meant the law of nature. The physiographic conditions of the country would forever exclude African slavery there; and it needed not the application of a proviso. If the question was then before the Senate he would not vote "to add a prohibition—to reaffirm an ordinance of nature, nor reenact the will of God."23

      The coming and going of the Negro in California did not especially interest any one until the beginning of the immigration of the forties. The subject of slavery in California was officially called to the attention of the inhabitants through the issuance of a proclamation by the Commander in Chief of the District in regard to the unlawful enslaving of the Indians. He was endeavoring to protect them, but they were enslaved24 in spite of his efforts. The legislature undertook to perpetuate this system by enacting a law permitting the enslavement of Indians, the only condition upon the master being a bond of a small sum, that he would not abuse or cruelly treat the slaves. Under the provision of the same law, Indians could be arrested as vagrants and sold to the highest bidder within twenty-four hours after the arrest, and the buyer had the privilege of the labor for a period not exceeding four months.25 An Indian arrested for a violation of a law could demand a jury trial, but could not testify in his own behalf against a white person. If found guilty of any crime, he could either be imprisoned or whipped, the whipping not to exceed twenty-four lashes.26

      Later there was a steady influx of southerners and their Negro slaves into the territory of California, after the country was taken over by the United States. Then came the question as to the enslavement of the Negro. The situation became serious after the Congress of the United States appropriated three millions of dollars for the purchase of the new territory, and still more so after gold was discovered there. Mexican rule ended with the cession of the territory to the United States; and yet session after session of Congress adjourned without giving California a territorial form of government. The question of slavery in the newly acquired territory divided Congress so that they could not decide the issue. Southern newspapers were advertising for slave-owners to send names and the number of slaves they were taking to California to found a New Colony.27

      The settlers were divided. Some came because they either disliked slavery, or were too poor to own slaves. They recognized the possibilities for making California a free State and did not care to be designated Poor White Trash by masters who were being allowed to fill the State with Negro slaves to constitute the basis of an aristocracy like that in the South. There were other inhabitants in California at the time who, being slave-owners, were southern sympathizers. They were determined either to have slavery in California or make a desperate effort before seeing the territory given up as a free State.28 It did not require very much investigation, however, to show that the pro-slavery party was in the minority. The editor of the Californian said in May, 1848, that he voiced the sentiments of the people in California in saying that slavery was neither needed nor desired there. A correspondent of this paper hoping to hold that section for free labor said: "If white labor is too high for agriculture, laborers on contract may be brought from China." Referring to the proposal to make the commonwealth a slave State Buckelew said: "We have not heard one of our acquaintance in this country advocate this measure and we are almost certain that 97-100 of the present population are opposed to it." Again it is remarked in this paper: "We left the slave states because we did not like to bring up a family in a miserable, can't-help-one's-self condition," and dearly as he loved the union, he would prefer California independent to seeing her a slave State.29

      The lack of law and order and fear of the southern slave-owners with their herds of Negro slaves finally led to the call of the Constitutional Convention. The question of slavery there was not so much debated in that body as was expected. Some excited pro-slavery leaders were talking of an independent Pacific Republic. The southern faction in the convention was led by a Mr. Gwyn, who afterwards became a United States Senator from California, and the northern element was ably represented by a Mr. Broderick, who later was chosen State Senator.30 The convention finally drafted their constitution with a section which provided that "neither slavery nor involuntary servitude unless for the punishment of crime shall ever be tolerated in this state."

      The pro-slavery faction in the convention was determined to have slavery somewhere and had managed to have the eastern boundary of California so designated that it extended as far as the Rocky Mountains. This would have resulted in rejection by Congress, or a division of the territory into a Northern and a Southern California, giving the pro-slavery element a new State. The unwieldy boundary, however, was discovered in time to have it changed, but not until after much debate, which almost wrecked the constitution. The California representatives elected by the convention left for Washington, where they presented to Congress the constitution and the petition of the California settlers asking for admission as a State. There had never been a precedent for their act. Yet the settlers in California felt perfectly justified, since it was their only safeguard against the pro-slavery leaders who were bringing their slaves into the territory.

      Leaders at the national capital naturally hesitated, not knowing whether or not the admission of California under the conditions thus obtaining would aggravate or improve the national situation. California, however, cared little about the national situation, as is attested by the resolutions of 1850 to the effect: "That any attempts by congress to interfere with the institution of slavery in any of the territories of the United States would create just grounds of alarm in many of the States of the union; and that such interference is unnecessary, inexpedient, and in violation of good faith; since, when any such territory applies for admission into the union as a state, the people thereof alone have the right, and should be left free and unrestrained, to decide such question for themselves." Broderick moved the insertion of the following: "That opposition to the admission of a state into the union with a constitution prohibiting slavery, on account of such prohibition, is a policy wholly unjustifiable and unstatesmanlike, and in violation of that spirit of concession and compromise by which alone the federal constitution was adopted, and by which alone it can be perpetuated." This amendment was adopted.31

      After a debate of four months Congress admitted California as a free State as one of five compromises. Jefferson Davis, however, repudiated the idea of advantage to his section. He said: "Where is the concession to the South? Is it in the admission, as a state, of California, from which we have been excluded by congressional agitation? Is it in the announcement that slavery does not and is not to exist in the remaining territories of New Mexico and California? Is it in denying the title of Texas to one half of her territory?" He held that gold washing and mining was particularly adapted to slave labor,

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