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- On the Subject of Slavery in the Territories Part 2 - Jefferson Davis
Thursday, February 14, 1850. Mr. DAVIS resumed and concluded his remarks as follows: One of the positions laid down by the honorable Senator from Kentucky, and which he denominated as one of his two truths, was, that slavery was excluded from the Territories of California and New Mexico by a decree of Nature. From that opinion I dissent. I hold that the pursuit of gold-washing and mining is better adapted to slave labor than to any other species of labor recognized among us, and is likely to be found in that new country for many years to come. I also maintain that it is particularly adapted to an agriculture which depends upon irrigation. Till the canals are cut, ditches and dams made, no person can reclaim the soil from Nature; an individual pioneer cannot settle upon it with his family, and support them by the product of his own exertion, as in the old possessions of the United States, where rain and dew unite with a prolific soil to reward freely and readily the toil of man. It is only by associated labor that such a country can be reduced to cultivation. They have this associated labor in Mexico under a system of peonage. That kind of involuntary servitude, for debt I suppose, cannot long continue to exist under American institutions; therefore the only species of labor that can readily supply its place under our Government would, I think, be the domestic servitude of African slavery; and therefore I believe it is essential, on account of the climate, productions, soil, and the peculiar character of cultivation, that we should during its first settlement have that slavery in at least a portion of California and New Mexico. It is also true, that in certain climates only the African race are adapted to work in the sun. It is from this cause perhaps more than all others that the products of Mexico, once so important and extensive, have dwindled into comparative insignificance since the abolition of slavery. And it is also on that account that the prosperity of Central and Southern America generally has declined, and that it has been sustained in Brazil, where slavery has continued; that Jamaica and St. Domingo have now, from being among the most productive and profitable colonies, sunk into decay, and are relapsing to desert and barbarism; and yet Cuba and Porto Rico continue to maintain, I might say to increase, their prosperity. I therefore deny what is affirmed by the Senator from Kentucky to be his second truth, and in support of that denial call attention to the wealth and productiveness of Mexico when slavery existed there, and invite a comparison between that and its condition at present. In the great work of Humboldt we find the following statement: “Mexico, in 1803, after defraying the annual expenses of her administration, $10,500,000, which included the cost of her army of 10,000 Spanish troops, and after remitting to Spain a surplus of $6,000,000 in specie, exhibits the singular spectacle of a distant colony sustaining the other colonies of Spain by the annual remittance to each of the following sums: To Louisiana……………………………………………………$557,000 To Florida…………………………………………………………151,000 To Cuba…………………………………………………….……1,820,000 To Porto Rico……………………………………………………..377,000 To St. Domingo…………………………………………………..274,000 To Trinidad………………………………………………………..200,000 To Philippine Isles……………………………………………….250,000 -------------- Aggregate………………………………..$3,635,000” That she might have been called upon to contribute something to the everglades and sands of Florida is not so unreasonable; but that the rich alluvial of Louisiana, with her population industrial, intelligent, established, and engaged in the same pursuits then as now; that the islands of Cuba and Porto Rico, which now, in addition to their own heavy expenditures, contribute to support the Spanish Crown, should then depend on annual contributions from Mexico; and that Mexico has, since the abolition of slavery, become so impoverished that, to derive money for her support, she sold territory to the United States, is proof that cannot be denied of the value of the institution of slavery in a soil and climate like hers. The proof, if not in the whole is certainly in part of California and New Mexico applicable to the same extent as in the rest of the Republic of Mexico. It certainly justifies a claim to trial before the decree is announced. We do not ask Congress to express an opinion in relation to the decrees of Nature, or say that slavery shall be planted in any of the Territories of the United States. We only claim that we shall be permitted to have the benefit of an experiment, that we may have that equal participation in the enjoyment of the Territories which would secure to us an opportunity to be heard in the determination of their permanent institutions. We have only said that we are entitled to a decision of the Supreme Court of the United States, and that we should be allowed to try the institution of slavery, that thus it might be ascertained what the decree of Nature is. Both these have been denied to us. We have been denied by Congress an appeal to the Supreme Court; we have been debarred by Congressional agitation from obtaining the decree of Nature. We ask that both shall be permitted to us; granted not as a boon, but secured to us as a right—an equal right of the sovereign States of the South. More than this we have not claimed—more than this we do not desire. Instead of insisting upon the expression of any opinion of Congress in accordance with our own, we ask that the expression called for by the Senator from Kentucky shall be suspended. We ask that the decision of the Supreme Court and the decree of Nature may intervene; and that Congress shall oppose no legislative influence to the one, and no obstacles to the fair decision of the other. No, sir, we have not sought to rest our rights upon the expression of Congressional opinion, but upon the principles of the Constitution and the laws of Nature; least of all do we desire a compromise like that the Senator from Kentucky informs us he brought forward, and which was passed by Congress in 1821—a compromise as devoid of substance as that made by William Deloraine, who, not having learnt his alphabet, being even unable to spell his neck verse, entered into a contract that he would not write. Like this was the Senator’s compromise with the State of Missouri that she would not pass laws in violation of the Constitution of the United States—laws, which, if she had passed them, would therefore have been void from their inception. We want something substantial, something permanent; something that will secure to us the peace of which we are now deprived; and something that will protect us from further interruption in the enjoyment of those rights and privileges to which we are entitled; something which promises reason and good feeling, instead of passion and bitterness in the halls of legislation; not a mere verbal, illusory, temporary, fruitless escape from the issue thrust upon us. With this brief notice of what the Senator calls his second truth, I will now proceed to the consideration of the point that I was about to enter upon yesterday when the Senate adjourned. It is asserted that the Texas boundary is an open question, and that the Government of the United States has power to close it, and that they derived this power from the terms of the annexation of Texas. I deny that it is an open question. I deny that the Government of the United States ever had, under the resolution of annexation, power to close it. Texas agreed that her boundary should be settled by the treaty-making power of the United States; not by the Government of the United States—not by the Congress of the United States, but by the treaty-making power of the United States; and there is a great difference, as all will perceive, between referring this question to Congress and to the Senate and the President. In referring it to the Senate, Texas referred it to a body in which, at that time, one half of the members had interests like those which she desired to maintain. In referring it to the President, she referred it to a Southern man, whose education and associations warranted a reliance both on his information and sympathies. If it had been referred to Congress, her rights would have been in the House of Representatives fully under the power of the North, and this consideration might have entered very largely into the selection of the Senate and President as her advocate, or umpire. There was this difference, so far as her institutions were concerned, between referring it to the treaty-making power and to the law-making power of this Government. The treaty-making power being unable to adjust it, the President of the United States having failed to settle by negotiation, the boundary dispute with Mexico, he then, in conformity with the obligations to defend the territory of every State in the Union, resisted the aggression committed in the invasion by Mexico on the territory of Texas. The boundary which was defined by the Congress of Texas before the annexation, with which definition the United States accepted her, was the only boundary the President could recognise, until a new boundary should be agreed on by treaty with Mexico. Whatever the United States might have done by treaty with Mexico, as to the boundary of the Rio Grande, it was plain that, when unable to enter into and settle the question by treaty, the United States was bound by every power the Government possessed, to maintain the jurisdiction of Texas, to the extent it was exercised at the date of annexation. The Senator from Kentucky well said that the President of the United States -had no right to assume to settle the boundary of Texas. Nor, sir, did that great and good man ever assume such a power; he but discharged the duties which devolved on him as the Chief Executive, to maintain the boundaries of the State, and to defend the Union against foreign invasion. In the discharge of this duty, and in the execution of this high responsibility resting on him, the Mexican war was undertaken for the defence of Texas against Mexican invasion. Then the question arises, shall the United States, after defending the boundaries of Texas, engaging in war to maintain those boundaries, and closing that war by acquiring all the territory claimed, and more besides, present her own claim as opposed to the claim of Texas, and thus falsify the position she assumed when she went to war with Mexico to maintain the boundary of Texas? We must come to that, or admit the boundaries as laid down by her when an independent State, and which we asserted and maintained against the Government of Mexico. I wish also to call attention to another distinction. We did not acquire Texas as a Territory, out of which a State or States might be carved. Congress refused to acquire her as a Territory, and she came in as a State. As a State she had sovereign jurisdiction over all her territory; and, save under the qualified power granted in the resolutions of annexation, which must be strictly construed as a contract between the two sovereignties, the United States had no power to touch an acre or a foot even of her territory. I leave the Senator who sits near me, (Mr. Rusk,) and who so ably represents that State, to maintain the boundary of Texas as asserted by her, to lay down the limits over which she has the right to claim sovereign jurisdiction, and further to maintain her title. I promised to be brief, and I am glad to leave the whole question in such able hands. But the Senator from Kentucky says we have paid $15,000,000 for the acquisition of this territory, and that, therefore, Texas has no right, without paying part of the purchase money, to expect the benefit of the acquisition to the extent of her claim. Well, I am not able to make any distinction between Texas being called upon to make extraordinary contributions to pay a part of the purchase money and of the debt incurred in the prosecution of the war to maintain her boundary. As a sovereign State of the Union, she pays, through the revenue imposts, her quota towards the defrayment of all the expenses of the Government, whether for peace or war. This purchase money was to acquire territory from Mexico, and though efficient to settle the question between the Governments, which had been complicated by the events of the war, it was not a payment for any part of Texas, surely was not the purchase of a claim to be set up against our own citizens, nor a State of the Union. The boundary of Texas had been maintained by arms, and I cannot admit that it was purchased with money. But, if enumerated among the war debts, the sum agreed to be paid by the treaty goes in with all other expenditures incurred in the prosecution of the war. Texas, with no more right can be called on in an extraordinary manner to furnish funds to reimburse the one than the other. The Senator refers to the liberality of his proposition to give to Texas the territory between the Nueces and the Rio Grande; and, strangely enough, that little strip of country was assumed by him to be nearly equal to the territory of Texas east of the Nueces and of New Mexico. I presume he meant of the province of Texas as she existed under the Mexican Government. Well, sir, I have a table showing the extent in square miles of the old province of Texas. Texas, within her ancient limits, had an area in square miles of 148,569 Between the Nueces and the Rio Grande, has - - - - - - - - - - - - - - 52,018 North of Ensenado and east of Rio Grande, being the part claimed as being in New Mexico - - - - - - - - - - - - - - - - - 124,933 ---------- Aggregate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 325,520 The country west of the Nueces being less than half—not much more than a third—of the size of the old State of Texas. Texas, as annexed, was not the ancient province, but the independent State of Texas, as established by her revolution. Her title is now disputed to all that part of her territory which was once within the limits of Tamaulipas and New Mexico—being 177,051 square miles—which leaves 148,509 square miles for the State of Texas; that is to say, more than one-half of the territory she comprises is to be claimed, less than a sixth to be restored, and this is called a liberal concession. But the territory held out as a great boon granted to Texas—that between the Nueces and the Rio Grande—is the very desert once so eloquently described by the Senator from Missouri, who sits near me, as the country through which the dividing line between the United States and Mexico should be drawn. And I now believe that a line drawn through that country would be a better boundary than the Rio Grande. The boundary I desired was the mountain barrier south of the Rio Grande. I wanted all the country drained by the Rio Grande; and I have regretted, from the time that amendment to the treaty failed, to the present day, that we did not decide to amend the treaty by taking from Mexico that portion of her northern possessions which, inhabited by a restless population, was an object of apprehension, and, infested by roving bands of Indians, was useless to her, and might have been highly beneficial to us. But, sir, the boundary of ancient Texas the Senator from Kentucky, I think, once admitted to be the Rio Grande. I think he once contended that the title to that boundary was as complete as that to the island of Orleans; but now when he refers to the acquisitions of territory which the United States have made within the last sixty years, he enumerates Louisiana, and Texas, and Florida, all of which he says inured to the benefit of the Southern States, save the amount above the line of 36° 30’. Sir, I think the same Senator, in discussing the question of the acquisition of Florida, opposed it on the ground that we gave away the vast domain of Texas, more extended and valuable than the Territory of Florida. I think also that the acquisition of Florida was not a Southern measure, and that Mr. Monroe justified himself before Southern men for that treaty by the necessity which sectional rivalry had created. It never was a Southern measure; the Southern men wanted Florida, and were willing to pay a fair price for it. They had long looked forward to the day when she would fall into our hands, as they believed, sooner or later, she must; but they did not wish to acquire it at the expenditure requisite at the time it was obtained. Texas, therefore, should not be enumerated again; for she was included in the old Territory of Louisiana, and from which she was separated by a contract unfavorable to the South. Leaving these things—stories twice told, and which are not necessary to repeat—let us take the question as it stands: let us take the Territories north and south of the line 36° 30’, and then see where the balance of acquisition has gone. I shall refer to a pamphlet, very widely circulated over the United States, and which has been severely criticised, but I believe the facts set forth have not yet been denied—the pamphlet of Ellwood Fisher. He says: “When the North American colonies confederated for resistance to Great Britain, the territorial area of the southern portion of them was 648,202 square miles; that of the northern only 164,681, or about one fourth as large.” In reference to the cession of the Northwestern Territory by Virginia, he says: “The object of this cession and the ordinance of 1787 was to equalize the area of the two sections. The acquisition of Louisiana in 1803 added 1,138,103 square miles to our territory, of which, by the Missouri compromise, the South obtained only 226,013 square miles, or about one-fifth; the other four-fifths, notwithstanding they came to us as a slaveholding province, were allotted to the North, which thus had acquired more than 700,000 square miles of territory over the South. Florida and Oregon were acquired by the treaty of 1819, by which the South got 59,268 square miles, and the North 341,463, making the North about 1,000,000 of square miles the most. In 1845 Texas was annexed, which added only 325,520 square miles to the South, even if all Texas were included. In 1848 we obtained 526,078 square miles more in the Territories of New Mexico and California. And now the North claims the whole of this also; and not only this, but half of Texas besides, which would make the share of the North exceed that of the South nearly 1,500,000 square miles—a territory about equal in extent to the whole valley of the Mississippi, and leaving the South only about 810,812 square miles, while the North retains 2,097,124, or nearly three-fourths of the whole!” Estimating all the territory not within the limits of any of the States, it will be found that the part which will inure to the benefit of the North, as against the South, if we extend the Missouri compromise to the Pacific ocean, will be something more than 4 to 1. So much, sir, for the great advantages, territorially considered, which we of the South have derived from the acquisitions of the United States. But we at the South are an agricultural people, and we require an extended territory. Slave labor is a wasteful labor, and it therefore requires a still more extended territory than would the same pursuits if they could be prosecuted by the more economical labor of white men. We have a right, in fairness and justice, to expect from our brethren of the North that they shall not attempt, in consideration of our agricultural interests—if that alone be considered—to restrict the territory of the South. We have a right to claim that our territory shall increase with our population, and the statistics show that the natural increase of our population is as great as that of any part of the United States. Take out the accession from foreign immigration, and compare the increase of population in the Northern States and the Southern States, and the latter will be found a fraction greater. With this increase of population we must require increased territory; and it is but just, and fair, and honest that it should be accorded to us without any restriction or reservation. I was surprised, then, to hear the Senator from Kentucky, while he admitted that he believed he had voted for the Missouri compromise, which asserted the power, and excluded the South from all the Territories she once owned north of 36 degrees 30 minutes, declare that no earthly power should induce him to recognise the right of slavery to go into territory south of 36 degrees 30 minutes, where that institution does not now exist. He then said, in emphatic language, that he would not plant the institution of slavery anywhere. That, sir, is not the proposition. Nobody asks the Federal Government to compel its introduction, or to plant slavery in the Territories, or to engage in the slave trade, in order to furnish material for extending the institution into any new territory. All that we assert is the right of the Southern people to go with that species of property into the territory of the United States. That, therefore, is the right denied. And, subsequently, while admitting that it was equally right and just if the majority excluded slavery north of 36 degrees 30 minutes, that it should be permitted south of that line, yet, at the same time, he says he could not vote for a proposition that carried slavery into any Territory where it is not already established, though he would yield to such a decision by the majority. If it is equal and just that both rules or neither should be adopted; if it is in the power of the majority to pass one measure, but not their will to pass the other, it seems to be the duty of any one, in the name of equality and justice, to interpose whatever power he may possess to place those equal and just conditions on the whole proposition. In denying our right, however, under the Constitution, to take slaves into the Territories, he stated it to rest on a position somewhat, I think, like this: that slavery did not exist in all the States of the Union, and that, therefore, it was not a property recognised throughout the United States, and in support of that position he supposed a case, that the Northern States should assert that the Constitution abolished slavery because they had no slavery within their limits. Now, to make this an equal proposition, it is necessary to declare that the power to protect is the same as the power to destroy—that this Government is the creator and not the creature of the States—that it is the master and not the servant of the States, and that it created property in slaves and established the institution of slavery. We claim that it is the duty of the Government to protect every species of property—that the Government has no right to discriminate between one species of property and another. It is equally bound to protect on the high seas the slave in the vessel as the hull of the vessel itself, and it is equally bound to protect slave property, if wrecked on a foreign coast, against a hostile assertion of foreign power, as it would be the wreck of the vessel itself. And to this error—for so I must consider it—this confounding of sovereign and delegated authority, is to be attributed the claim which is set up, of power to abolish slavery, as derived from the exclusive legislation granted to the Government in this District. This construction of the word “exclusive” would render it synonymous with the word “unlimited.” That exclusive legislation was necessary for the protection of the seat of government will be readily conceded. It was essential to the Government to have exclusive legislation, so that no other authority might interfere with its functions. But unlimited legislation surely is not required, and I say it could not have been granted by the Constitution; nay, more, I hold that the grant of exclusive legislation does not necessarily extend to the full power permissible under the Constitution of the United States, that there are restrictions, and broad distinctions, growing out of the vested rights and interests of others—in this case not merely of the ceding States, but of all the States of the Union. The power of the Federal Government extends only so far as is necessary to secure the seat of government as such, and to protect therein the public property of the United States. The Senator asserts, because of the grant of exclusive legislation, that the Government has equal power over the District with that which a sovereign State possesses within its limits, applies this to the regulation of the slave trade, and goes on to declare that which I will not deny, that the States have full power over this subject. Yet I could quote himself against this argument, and could show that he denied this power to the States, and arraigned those who asserted it as being on the side of the abolitionists. I refer to the case of Groves vs. Slaughter , where the Senator appeared as counsel, and where the right of Mississippi, here referred to, the right of a State to exclude the introduction of slaves as merchandize, was the very matter in dispute, and where, having argued that the Constitution of Mississippi was directory, and not enacting—that it directs the Legislature to prohibit the importation of slaves as merchandise, but does not itself prohibit—he goes on to say: “The last question in the case is, whether the provision of the Constitution of the United States which gives to Congress exclusively the right to regulate commerce between the States, is opposed by the Constitution of Mississippi. The argument for the plaintiffs in error is on the abolition side of the question. The counsel for the defendant sustain the opposite principle. “The object of prohibition in the Constitution of the United States is to regulate commerce; to sustain it, not to annihilate it. It is conservative. Regulation implies continued existence—life, not death; preservation, not annihilation; the unobstructed flow of the stream, not to check or dry up its waters. “But the object of the abolitionists is to prevent the exercise of this commerce. This is a violation of the right of Congress under the Constitution. “The right of the States to regulate the condition of slaves within their borders is not denied. It is fully admitted. Every state may, by its laws, fix the character and condition of slaves. The right of Congress to regulate commerce between the different States, which may extend to the regulation of the transportation of slaves from one State to another, as merchandise, does not affect these rights of the States. But, to deny the introduction of slaves, as merchandise, into a State from another State, is an interference with the Constitution of the United States. After their introduction they are under the laws of the States. “Nor is the power given by the Constitution of the United States to regulate commerce one in which the States may participate. It is exclusive. It is essentially so; and its existence in this form is most important to the slaveholding States.” It is not important, however, for the present investigation, to examine these general positions taken then or now, and I will not pursue them further. The opinion is adverse, it will be seen, to the one the Senator stated on this occasion to the Senate. Both claim extreme powers for the Federal Government, and both therein I believe to be wrong. Sir, it has been asked on several occasions during the present session, what ground of complaint has the South? Is this agitation in the two halls of Congress, in relation to the domestic institutions of the South, no subject for complaint? Is the action of the Legislatures of Northern States, defeating provisions of the Constitution which are among its compromises for our benefit, no subject for complaint? Is the denunciation heaped upon us by the press of the North, and the attempts to degrade us in the eyes of Christendom—to arraign the character of our people and the character of our fathers, from whom our institutions are derived—no subject for complaint? Is this sectional organization, for the purpose of hostility to our portion of the Union, no subject for complaint? Would it not, between foreign nations—nations not bound together and restrained as we are by compact—would it not, I say, be just cause for war? What difference is there between organizations for circulating incendiary documents and promoting the escape of fugitives from a neighboring State, and the organization of an armed force for the purpose of invasion? Sir, a State relying securely on its own strength would rather court the open invasion than the insidious attack. And for what end, sir, is all this aggression? They see that the slaves in their present condition in the South are comfortable and happy; they see them advancing in intelligence; they see the kindest relations exist between them and their masters; they see them provided for in age and sickness, in infancy and in disability; they see them in useful employment, restrained from the vicious indulgences to which their inferior nature inclines them; they see our penitentiaries never filled, and our poor houses usually empty. Let them turn to the other hand, and they see the same race in a state of freedom at the North; but instead of the comfort and kindness they receive at the South, instead of being happy and useful, they are, with few exceptions, miserable, degraded, filling the penitentiaries and poor-houses, objects of scorn, excluded, in some places, from the schools, and deprived of many other privileges and benefits which attach to the white men among whom they live. And yet they insist that elsewhere an institution which has proved beneficial to this race shall be abolished, that it maybe substituted by a state of things which is fraught with so many evils to the race which they claim to be the object of their solicitude? Do they find in the history of St. Domingo and in the present condition of Jamaica, under the recent experiments which have been made upon the institution of slavery in the liberation of the blacks, before God, in his wisdom, designed it should be done do they there find any thing to stimulate them to future exertion in the cause of abolition? Or should they not find there satisfactory evidence that their past course was founded in error? And is it not the part of integrity and wisdom, as soon as they can, to retrace their steps? Should they not immediately cease from a course mischievous in every stage, and finally tending to the greatest catastrophe? We may dispute about measures: but as long as parties have nationality— as long as it is a difference of opinion between individuals passing into every section of the country—it threatens no danger to the Union. If the conflicts of party were the only cause of apprehension, this Government might last forever: the last page of human history might contain a discussion in the American Congress upon the meaning of some phrase, the extent of the power conferred by some grant of the Constitution. It is, sir, these sectional divisions which weaken the bonds of union and threaten their final rupture. It is not differences of opinion; it is geographical lines, rivers, and mountains which divide State from State, and make different nations of mankind. Are these no subjects of complaint for us? And do they furnish no cause for repentance to you? Have we not a right to appeal to you as brethren of this Union—have we not a right to appeal to you as brethren bound by the compact of our fathers, that you should, with due regard to your own rights and interests and constitutional obligations, do all that is necessary to preserve our peace and promote our prosperity? If, sir, the seeds of disunion have been sown broadcast over this land, I ask by whose arm they have been scattered? If, sir, we are now reduced to a condition when the powers of this Government are held subservient to faction; if we cannot and dare not legislate for the organization of Territorial Governments—I ask, sir, who is responsible for it? And I can, with proud reliance, say it is not the South! it is not the South! Sir, every charge of disunion which is made on that part of the South which I in part represent, and whose sentiments I well understand, I here pronounce to be grossly calumnious. The conduct of the State of Mississippi in calling a Convention has already been introduced before the Senate; and on that occasion I stated, and now repeat, that it was the result of patriotism and a high resolve to preserve, if possible, our constitutional Union; that all its proceedings were conducted with deliberation, and it was composed of the first men of the State. The Chief .Justice—a man well known for his high integrity, for his powerful intellect, for his great legal attainments, and his ability in questions of constitutional law—presided over that Convention. After calm and mature deliberation, resolutions were adopted, not in the spirit of disunion, but announcing, in the first resolution of the series, their attachment to the Union. They call on their brethren of the South to unite with them in their holy purpose of preserving the Constitution, which is its only bond and reliable hope. This was their object; and for this and for no other purpose do they propose to meet in general Convention at Nashville. As I stated on a former occasion, this was not a party movement in Mississippi. The presiding officer belongs to the political minority in the State; the two parties in the State were equally represented in the members of the Convention, and its deliberations assumed no partisan or political character whatever. It was the result of primary meetings in the counties: an assemblage of men known throughout the State having first met and intimated to those counties a time when the State Convention should, if deemed proper, be held. Every movement was taken with deliberation, and every movement then taken was wholly independent of the action of any body else; unless it be intended by the remarks made here, to refer its action to the great principles of those who have gone before us, and who have left us the rich legacy of the free institutions under which we live. If it be attempted to assign the movement to the nullification tenets of South Carolina, as my friend near me seemed to understand, then I say you must go further back, and impute it to the State rights and strict construction doctrines of Madison and Jefferson. You must refer these in their turn to the principles in which originated the revolution and separation of these then colonies from England. You must not stop there, but go back still further, to the bold spirit of the ancient barons of England. That spirit has come down to us, and in that spirit has all the action since been taken. We will not permit aggression. We will defend our rights; and if it be necessary, we will claim from this Government, as the barons of England claimed from John, the grant of another magna charta for our protection. Sir, I can but consider it as a tribute of respect to the character for candor and sincerity which the South maintains, that every movement which occurs in the Southern States is closely scrutinized, and the assertion of a determination to maintain their constitutional rights is denounced as a movement for disunion; whilst violent denunciations against the Union are now made, and for years have been made, at the North by associations, by presses and conventions, yet are allowed to pass unnoticed as the idle wind—I suppose for the simple reason that nobody believed there was any danger in them. It is, then, I say, a tribute paid to the sincerity of the South, that every movement of hers is watched with such jealousy; but what shall we think of the love for the Union of those in whom this brings no corresponding change of conduct, who continue the wanton aggravations which have produced and justify the action they deprecate? Is it well, is it wise, is it safe, to disregard these manifestations of public displeasure, though it be the displeasure of a minority? Is it proper, or prudent, or respectful, when a Representative, in accordance with the known will of his constituents, addresses you the language of solemn warning, in conformity to his duty to the Constitution, the Union, and to his own conscience, that his course should be arraigned as the declaration of ultra and dangerous opinions? If these warnings were received in the spirit they are given, it would augur better for the country. It would give hopes which are now denied us, if the press of the country, that great lever of public opinion, would enforce these warnings, and bear them to every cottage, instead of heaping abuse upon those whose ease would prompt them to silence—whose speech, therefore, is evidence of sincerity. Lightly and loosely Representatives of Southern people have been denounced as disunionists by that portion of the Northern press which most disturbs the harmony and endangers the perpetuity of the Union. Such, even, has been my own case, though the man does not breath at whose door the charge of disunion might not as well be laid as at mine. The son of a revolutionary soldier, attachment to this Union was among the first lessons of my childhood; bred to the service of my country from boyhood, to mature age I wore its uniform. Through the brightest portion of my life I was accustomed to see our flag, historic emblem of the Union, rise with the rising and fall with the setting sun. I look upon it now with the affection of early love, and seek to maintain and preserve it by a strict adherence to the Constitution, from which it had its birth, and by the nurture of which its stars have come so much to outnumber its original stripes. Shall that flag, which has gathered fresh glory in every war, and become more radiant still by the conquest of peace—shall that flag now be torn by domestic faction, and trodden in the dust by petty sectional rivalry? Shall we of the South, who have shared equally with you all your toils, all your dangers, all your adversities, and who equally rejoice in your prosperity and your fame—shall we be denied those benefits guarantied by our compact, or gathered as the common fruits of a common country? If so, self-respect requires that we should assert them; and, as best we may, maintain that which we could not surrender without losing your respect as well as our own. If, sir, this spirit of sectional aggrandizement, or, if gentlemen prefer, this love they bear the African race, shall cause the disunion of these States, the last chapter of our history will be a sad commentary upon the justice and the wisdom of our people. That this Union, replete with blessings to its own citizens, and diffusive of hope to the rest of mankind, should fall a victim to a selfish aggrandizement, and a pseudo philanthropy, prompting one portion of the Union to war upon the domestic rights and peace of another, would be a deep reflection on the good sense and patriotism of our day and generation. But, sir, if this last chapter in our history shall ever be written, the reflective reader will ask, whence proceeded this hostility of the North against the South? He will find it there recorded that the South, in opposition to her own immediate interests, engaged with the North in the unequal struggle of the Revolution. He will find again that, when Northern seamen were impressed, their brethren of the South considered it cause for war, and entered warmly into the contest with the haughty Power then claiming to be mistress of the seas. He will find that the South, afar off, unseen and unheard, toiling in the pursuits of agriculture, had filled the shipping, supplied the staple for manufactures, which enriched the North. He will find that she was the great consumer of Northern fabrics—that she not only paid for these their fair value in the markets of the world, but that she also paid their Increased value, derived from the imposition of revenue duties. And if, still further, he seeks for the cause of this hostility, it at last is to be found in the fact that the South held the African race in bondage, being the descendants of those who were mainly purchased from the people of the North. And this was the great cause. For this the North claimed that the South should be restricted from future growth—that around her should be drawn, as it were, a sanitary cordon to prevent the extension of a moral leprosy; and if for that it shall be written the South resisted, it would be but in keeping with every page she has added to the history of our country. It depends on those in the majority to say whether this last chapter in our history shall be written or not. It depends on them now to decide whether the strife between the different sections shall be arrested before it has become impossible, or whether it shall proceed to a final catastrophe. I, sir—and I only speak for myself—am willing to meet any fair proposition—to settle upon anything which promises security for the future; any thing which assures me of permanent peace; and I am willing to make whatever sacrifice I may properly be called on to render for that purpose. Nor, sir, is it a light responsibility. If I strictly measured my conduct by the late message of the Governor, and the recent expressions of opinion in my State, I should have no power to accept any terms save the unqualified admission of the equal rights of the citizens of the South to go into any of the Territories of the United States with any and every species of property held among us. I am willing, however, to take my share of the responsibility which the crisis of our country demands. I am willing to rely on the known love of the people I represent for the whole country, and the abiding respect which I know they entertain for the Union of these States. If, sir, I distrusted their attachment to our Government, and if I believed they had that restless spirit of disunion which has been ascribed to the South, I should know full well that I had no such foundation as this to rely upon—no such great reserve in the heart of the people to fall back upon in the hour of accountability. Mr. President, is there such incompatibility of interest between the two sections of this country that they cannot profitably live together? Does the agriculture of the South injure the manufactures of the North? On the other hand are they not their life-blood? And think you if one portion of the Union, however great it might be in commerce and manufactures, was separated from all the agricultural districts, that it would long maintain its supremacy? If any one so believes, let him turn to the written history of commercial States; let him look upon the mouldering palaces of Venice; let him ask for the faded purple of Tyre, and visit the ruins of Carthage; there he will see written the fate of every country which rests its prosperity on commerce and manufactures alone. United we have grown to our present dignity and power—united we may go on to a destiny which the human mind cannot measure. Separated, I feel that it requires no prophetic eye to see that the portion of the country which is now scattering the seeds of disunion to which I have referred, will be that which will suffer most. Grass will grow on the pavements now worn by the constant tread of the human throng which waits on commerce, and the shipping will abandon your ports for those which now furnish the staples of trade. And we who produce the great staple upon which your commerce and manufactures rests, we will produce those staples still; shipping will fill our harbors; and why may we not found the Tyre of modern commerce within our own limits? Why may we not bring the manufacturers to the side of agriculture, and commerce, too, the ready servant of both? But, sir, I have no disposition to follow this subject. I certainly can derive no pleasure from the contemplation of any thing which can impair the prosperity of any portion of this Union; and I only refer to it that those who suppose we are tied by interest or fear, should look the question in the face, and understand that it is mainly a feeling of attachment to the Union which has long bound, and now binds the South. But, Mr. President, I ask Senators to consider how long affection can be proof against such trial, and injury, and provocation as the South is continually receiving. The case in which this discrimination against the South is attempted, the circumstances under which it was introduced render it especially offensive. It will not be difficult to imagine the feeling with which a Southern soldier during the Mexican war received the announcement that the House of Representatives had passed that odious measure, the Wilmot proviso; and that he, although then periling his life, abandoning all the comforts of home, and sacrificing his interests, was, by the Legislature of his country, marked as coming from a portion of the Union which was not entitled to the equal benefits of whatever might result from the service to which he was contributing whatever power he possessed. Nor will it be difficult to conceive, of the many sons of the South whose blood has stained those battle-fields, whose ashes now mingle with Mexican earth, that some, when they last looked on the flag of their country, may have felt their dying moments embittered by the recollection that that flag cast not an equal shadow of protection over the land of their birth, the graves of their parents, and the homes of their children so soon to be orphans. Sir, I ask Northern Senators to make the case their own—to carry to their own fireside the idea of such intrusion and offensive discrimination as is offered to us—realize these irritations, so galling to the humble, so intolerable to the haughty, and wake before it is too late, from the dream that the South will tamely submit. Measure the consequences to us of your assumption, and ask yourselves whether, as a free, honorable, and brave people, you would submit to it? It is essentially the characteristic of the chivalrous, that they never speculate upon the fears of any man, and I trust that no such speculations will be made upon the idea that may be entertained in any quarter that the South, from fear of her slaves, is necessarily opposed to a dissolution of this Union. She has no such fear; her slaves would be to her now as they were in the revolution, an element of military strength. I trust that no speculations will be made upon either the condition or the supposed weakness of the South. They will bring sad disappointments to those who indulge them. Rely upon her devotion to the Union, rely upon the feeling of fraternity she inherited and has never failed to manifest; rely upon the nationality and freedom from sedition which has in all ages characterized an agricultural people; give her justice, sheer justice, and the reliance will never fail you. Then, Mr. President, I ask that some substantial proposition may be made by the majority in regard to this question. It is for those who have the power to pass it to propose one. It is for those who are threatening us with the loss of that which we are entitled to enjoy to state, if there be any compromise, what that compromise is. We are unable to pass any measure, if we propose it; therefore I have none to suggest. We are unable to bend you to any terms which we may offer; we are under the ban of your purpose; therefore from you, if from anywhere, the proposition must come. I trust that we shall meet it and bear the responsibility as becomes us; that we shall not seek to escape from it; that we shall not seek to transfer to other places, or other times, or other persons, that responsibility which devolves upon us; and I hope the earnestness which the occasion justifies will not be mistaken for the ebulition of passion, nor the language of warning be construed as a threat. We cannot without the most humiliating confession of the supremacy of faction evade our constitutional obligations, and our obligations under the treaty with Mexico, to organize governments in the Territories of California and New Mexico. I trust that we will not seek to escape from the responsibility, and leave the country unprovided for unless by an irregular admission of new States; that we will act upon the good example of Washington in the case of Tennessee, and of Jefferson in the case of Louisiana; that we will not, if we abandon those high standards, do more than come down to modern examples—that we will not go further than to permit those who have the forms of government under the Constitution, to assume sovereignty over territory of the United States; that we may at least, I say, assert the right to know who they are, how many they are—where they voted, how they voted—and whose certificate is presented to us of the fact before it is conceded to them to determine the fundamental law of the country, and to prescribe the conditions on which other citizens of the United States may enter it. To reach all this knowledge, we must go through the intermediate stage of Territorial Government. How will you determine what is the seal, and who are the officers of a community unknown as an organized body to the Congress of the United States? Can the right be admitted in that community to usurp the sovereignty over territory which belongs to the States of the Union? All these questions must be answered, before I can consent to any such irregular proceeding as that which is now presented in the case of California. Mr. President, thanking the Senate for the patience they have shown towards me, I again express the hope that those who have the power to settle this distracting question—those who have the ability to restore peace, concord, and lasting harmony to the United States—will give us some substantial proposition, such as magnanimity can offer, and such as we can honorably accept. I, being one of the minority in the Senate and the Union, have nothing to offer, except an assurance of cooperation in any thing which my principles will allow me to adopt, and which promises permanent substantial security. Source: Speech of Mr. Davis of Mississippi, on the Subject of Slavery in the Territories , available on the Internet Archive, here
- On the Subject of Slavery in the Territories: Part 1 - Jefferson Davis
Feb. 13, 1850 The Senate having, as in Committee of the Whole, proceeded to the consideration of the resolutions submitted by Mr. Clay— Mr. DAVIS, of Mississippi, addressed the Senate as follows: Mr. President: One of the greatest causes of the apprehension which fills my mind under the existing state of things, is the indifference and incredulity of those who represent the majority of the United States. Yet from every quarter of this broad Union come daily evidences of the excitement which is felt, of the gathering storm which threatens to break upon us. That this Senate chamber should be crowded, that the galleries should be filled, and admittance be sought upon the floor, when men of high national reputation address the Senate, should not surprise any one. But when it is repeated on an occasion like this, when it must be the cause, and not the advocate, that attracts the multitude, it is time that all should feel there is that within the breasts of the people which claims the attention of the Legislature. When the honorable Senator from Kentucky (Mr. Clay) introduced the resolutions now under discussion, I thought it my duty to present my views of what I considered injustice to those whom I represent, and to offer some opposition to the dangerous doctrines which I believed he then presented. Whether it was impatience at finding any of his opinions controverted, or whether it was that he sought an adversary so feeble as to secure an easy victory, I know not, and it matters not to me. He challenged me to this discussion whenever I was ready. I was ready then, and meet him now. It has been postponed at his option, and not mine; and that, when he prepared and delivered his speech before the Senate, I did not immediately follow him, was because I could not obtain the floor. I now come to lift the glove he then threw down, and trust in the justice of the cause in which I stand. The country has been induced to expect—and notwithstanding all previous evidence against it, even I had cherished the hope—that the great power of that Senator, and his known influence in the country, would have been exerted in a crisis so dangerous as this, with the high and holy purpose of preserving the Union. I had hoped from him a compromise that would have contained the spirit of that which, in another dangerous period in the history of this country, brought calm and sunshine, instead of the gloom which then lowered over us. In this hope I have been disappointed—grievously disappointed by the character of the resolutions which he has introduced, and yet more grievously disappointed in the remarks by which they were prefaced. If that great power and influence to which I have alluded, and that eloquence upon which multitudes have hung entranced, and remembered only to admire, had now been exerted in the cause of the weak against the strong, the cause of the Constitution against its aggressors, the evils by which we are surrounded might perhaps have been removed, and the decline of that Senator's sun been even more bright than its meridian glory. But, instead of this, he has chosen to throw his influence into the scale of the preponderating aggressive majority, and in so doing vehemently to assert his undisputed right to express his opinions fearless of all mankind. Why, sir, there was nothing to apprehend, and I presume no one will dispute the right of the Senator to advance his opinions in any decorous language he might choose. Mr. President, my feelings and my duties run in the same channel. My convictions of what is necessary to preserve the Union correspond with my opinions in relation to the local and peculiar interests which I particularly represent. I have therefore no sacrifices to make, unless it be that personal sacrifice I make in appearing under circumstances like those which now surround me. The greater part of the Senator's argument has been directed against the right of the Southern States to that equality of enjoyment in the Territories to which they assert they are entitled. He has rebuked the spirit of abolitionism as the evil of the country, but, in doing so, instead of describing it as a factious, disorganizing, revolutionary spirit, he has only spoken of it as the offspring of party, the result of passion. Now, Mr. President, I contend that the reverse is true. I contend that it is the want of party which has built up this faction and rendered it dangerous; that so long as party organization preserved its integrity, there was no place for a third party, and no danger from it. If this were merely the result of passion, I should then have hopes which I cannot now cherish. If it were the mere outbreak of violence, I should see some prospect for its subsidence. But considering it, as I do, the cold, calculating purpose of those who seek for sectional dominion, I see nothing short of conquest on the one side, or submission on the other. This is the great danger which hangs over us—not passion—not party; but the settled, selfish purpose which alone can sustain and probably will not abandon the movement. That upon which it originally rested has long since passed away. It is no longer the clamor of a noisy fanaticism, but the steady advance of a self-sustaining power to the goal of unlimited supremacy. This is the crevasse which the Senator described—a crevasse which he figuratively says is threatening submersion to the whole estate, while the owners are quarrelling about the division of its profits. Yes, sir, a moral crevasse has occurred: fanaticism and ignorance—political rivalry—sectional hate—strife for sectional dominion, have accumulated into a mighty flood, and pour their turgid waters through the broken constitution, threatening not total submersion, but only the destruction of a part of the estate—that part in which my constituency, as well as that of the Senator, is found. What, then, under such circumstances as these, does the Senator propose as a remedy? Does he call all the parties to check the breach which threatens danger to one? Does he lend his own hand to arrest the progress of the flood? No. He comes here, representing those Southern interests which are at stake, surrenders the whole claim of the South, and gives a support to abolitionism which no Northern man—no, nor every Northern man in the Senate—could have afforded. However much we may regret, our surprise must be limited by the recollection that we had some cause to anticipate this. The public press had given us last summer a letter from him, addressed to the abolitionists of Ohio—a man most notorious among them being upon the committee—in which that very ordinance of 1787 was treated as a great blessing and slavery as a curse. The representatives of the South have never sought to violate that compromise or concession, whatever it maybe called, that was made in 1787. The representatives of the South have not entered into arguments upon the blessings and evils of slavery. They have said, from time to time, that it was a domestic institution; that it was under their own control; and that they claimed for it only the protection which the Constitution accords to every other species of property. Less than that they can never take, unless they are willing to become an inferior class, a degraded caste in the Union. A large part of the non-slaveholding States have declared war against the institution of slavery. They have announced that it shall not be extended, and with that annunciation have coupled the declaration that it is a stain upon the Republic—that it is a moral blot which should be obliterated. Now, sir, can any one believe, does any one hope, that the Southern States in this confederacy will continue, as in times gone by, to support the Union, to bear its burdens, in peace and in war, in a degree disproportioned to their numbers, if that very Government is to be arrayed in hostility against an institution so interwoven with its interests, its domestic peace, and all its social relations, that it cannot be disturbed without causing their overthrow? This Government is the agent of all of the States; can it be expected of any of them that they will consent to be bound by its acts, when that agent announces the settled purpose in the exercise of its power to overthrow that which it was its duty to uphold? That obligation ceases whenever such a construction shall be placed upon its power by the Federal Government. The essential purpose for which the grant was made being disregarded, the means given for defence being perverted to assault. State allegiance thenceforward resumes its right to demand the service, the whole service, of all its citizens. The claim is set up for the Federal Government not only to restrict slavery from entering the Territories, but to abolish slavery in the District of Columbia, to abolish it in the arsenals and dock-yards, to withdraw from it the protection of the American flag wherever it is found upon the high seas—in fact, to strip it of every protection it derives from Government. All this under the pretext that property in slaves is local in its nature, and derives its existence from municipal law. Slavery existed before the formation of this Union. It derived from the Constitution that recognition which it would not have enjoyed without the confederation. If the Slates had not united together, there would have been no obligation on adjoining States to regard any species of property unknown to themselves. But it was one of the compromises of the Constitution that the slave property in the Southern States should be recognized as property throughout the United States. It was so recognized in the obligation to restore fugitives—recognized in the power to tax them as persons—recognized in their representation in the halls of Congress. As a property recognized by the Constitution, and held in a portion of the States, the Federal Government is bound to admit it into all the Territories, and to give it such protection as other private property receives. I do not propose to follow the argument of the Senator from Georgia, (Mr. Berrien.) I will not mar its beauty or weaken its force by any thing which I can say. I believe that his argument upon that point was so conclusive as to require no addition, if I had the power to make it. It becomes us, it becomes you—all who seek to preserve this Union, and to render it perpetual—to ask, why is this power claimed? Why is its exercise sought? Why is this resolution to obstruct the extension of slavery into the Territories introduced? It must be for the purpose of political power; it can have no other rational object. Every one must understand that, whatever be the evil of slavery, it is not increased by its diffusion. Every one familiar with it knows that it is in proportion to its sparseness that it becomes less objectionable. Wherever there is an immediate connexion between the master and slave, whatever there is of harshness in the system is diminished. Then it preserves the domestic character, and strictly patriarchal relation. It is only when the slaves are assembled in large numbers, on plantations, and are removed from the interested, the kind, the affectionate care of the master, that it ever can partake of that cruelty which is made the great charge against it by those who know nothing of it, and which, I will passingly say, probably exists to a smaller extent than in any other relation of labor to capital. It is, then, for the purpose of political power; and can those who, in violation of constitutional rights, seek and acquire political power, which, in progress of time, will give them the ability to change the Constitution of the United States, be supposed just then to be seized with a feeling of magnanimity and justice, which will prevent them from using the power which they thus corruptly sought and obtained? Man, Mr. President, may become corrupted by the possession of power; he may seek it for pure motives, and be corrupted by its exercise. The reverse of this all history and all reason deny. Warned by the delusive compromises of the past, we are stimulated by the dangers which surround us to look forward to the issue that has been suggested as the ultimate end—to the day when the power to remodel the Constitution, being possessed, will be exercised; and therefore the men of the present generation are called upon to meet it; they have no right to postpone to posterity the danger which is laid at their own doors; ours is the responsibility, and upon us devolves the duty of deciding the issue. If, sir, I represented a Northern State, however much it might be opposed to the institution of slavery, I feel that I should say to my constituents, without a balance of power such as will enable every interest to protect itself—without such checks and such restraints as can never exist where any one section is paramount to all others—that the great purposes of this Union could never be preserved, the confederacy must be short-lived, and perish by the destruction of the principles upon which it was founded. That, for such reasons, under the case supposed, I would as now, oppose a policy which, if it confer a temporary benefit on one, must end in the permanent injury of all. I believe, Mr. President, it is essential that neither section should have such power in Congress as would render them able to trample upon the rights of the other section of this Union. It would be a blessing, an essential means to preserve the confederacy, that in one branch of Congress the North and in the other the South should have a majority of representation. Ours is but a limited agency. We have but few powers, and those are of a general nature; and, if legislation was restricted and balanced in the mode I have suggested, Congress would never be able to encroach upon the rights and institutions of any portion of the Union, nor could its acts ever meet with resistance from any part of it. The reverse being the case, who knows how soon the time may come when men will rise in arms to oppose the laws of Congress? Whenever you take from the people of this country the confidence that this is their Government, that it reflects their will, that it looks to their interests, the foundation upon which it was laid is destroyed, and the fabric falls to the ground. More emphatically in this than in any other, though it was said by the great Emperor of Europe to be true of all, does this Government depend upon the consent of the people. So emphatically is it true, that the laws of Congress could not be executed in any one State of this Union if that State was resolved to resist it. So entirely is this the case, that, whatever law may be passed at this session—and I perceive a disposition on all sides to pass one for the recovery of fugitive slaves—I feel that that law will be a dead letter in any State where the popular opinion is opposed to such rendition. I would sooner trust it to-day to the sense of constitutional obligations of the States than to the enforcement of any law which Congress can enact against the popular opinion of those among whom it is executed. I have never expected any benefit to result to us from this species of legislation. I believe upon this, as upon every other subject, that we must rely more on the patriotism, the good sense, and morality of the people, than upon any tribunal, to preserve the rights of the Southern States. I have said elsewhere, and where there was none to represent them, that I believed, if the wrongs and injuries heaped upon the South were understood by the great body of the people at the North, the whole conduct of their politicians would be rebuked, and peace and harmony would be restored. But, sir, it is the evil of the time in which we live, that the responsibilities which rest upon us—the responsibilities of our day—are sought to be transferred to another. It is the misfortune of the country that men, instead of meeting issues, shrink from them, and, instead of relying upon the sober second thought of the people, are waving to and fro, like reeds before the wind, to the pressure of every popular impulse. We have high and holy duties to perform—duties of which we are wholly unworthy, unless every man here is ready to hazard his political life for the maintenance of those principles which he has sworn to uphold and to preserve. But, Mr. President, it is my purpose, and I am sorry, even for one moment, to have diverged from it, calmly and briefly to direct my attention to the main argument of the Senator from Kentucky. I claim, sir, that slavery being property in the United States, and so recognised by the Constitution, a slaveholder has the right to go with that property into any part of the United States where some sovereign power has not forbidden it. I deny, sir, that this Government has the sovereign power to prohibit it from the Territories. I deny that any territorial community, being a dependence of the United States, has that power, or can prohibit it, and therefore my claim presented is this, that the slaveholder has a right to go with his slave into any portion of these United States, except in a State where the fundamental law has forbidden it. I know, sir, that the popular doctrine obtains, that every community has that power; and I was sorry to hear the Senator from Kentucky, in some portion of his speech, assent to it, though in others he did oppose it. Who constitute the communities which are to exercise sovereign rights over the Territories? Those who, in the race for newly acquired regions, may first get there. By what right, sir, do they claim to exercise it? The Territories belong to the United States, and by the States only can sovereignty be alienated. If a mass of persons, sufficiently great to seize upon one of the Territories of the United States, should, by a revolution, wrest it from us, then they would have sovereignty, and could establish any fundamental laws they chose; but until that high act of revolution is performed, it will not cease, save by their consent, to be a Territory belonging to the United States. The sovereignty rests in the States, and there is no power, save that of the States, which can exclude any property, or can determine what is property, in the Territories so held by the States in common. That power the States have not delegated; it can be exercised rightfully only by compact or agreement of the States. It is, therefore, that I have held and hold that the Missouri compromise derived its validity from the acquiescence of the States, and not from the act of Congress. The General Government has, as agent, to dispose of the public lands, the power necessary to execute that trust. How far this extends it may not be very easy by fixed standard to determine, but it is easy to perceive that this cannot give sovereignty, or any other than the subordinate functions of government. The Senator from Kentucky, however, claims this from the clause which gives to Congress the power to dispose of and make “needful rules and regulations” for the territory and other property of the United States. I admired his ingenuity when he said Territories. “Territories” is not the phrase of the Constitution; it is “territory,” and that territory was the common domain of the United States. That territory—public land—lies within as well as without the limits of the States of the Union. Every new State has been admitted with territory recognized as the property of the United States. The territory held by the old States was transferred to the United States as a common property. Out of this territory new States have been formed, and the unsold land in these States is still held as the territory of the United States. Does this power, then, to dispose of that territory within the State of Mississippi, for instance, confer upon Congress the sovereignty enabling it to decide what property shall go upon that land, and what shall be the relation of persons subsisting upon it? And if it be not a good argument for a quarter section, or a half section, or a township, it is not good for the vast extent of border which we have upon the Pacific ocean. It is a power over property, and over property merely. Fully to exercise this will require, where there is no government, that some organization shall be made. Since that has been argued, and so ably argued, by the Senator from Michigan, (Mr. Cass,) it may not need further remark. I regret, however, that I am not able to agree with the whole of the argument of that distinguished Senator. His position and argument carries me to the point where any number of individuals, however small, however unauthorized, may assert that sovereignty which I hold to reside only in the States of this Union. This vagrant power to govern the Territories, located by some in one place, and by others in another, has never been drawn from a source which could not be controverted, except one. That, sir, is the right which the people inhabiting the Territory have to throw out their dependency upon this government, and to establish a sovereign State by the right of revolution. My argument goes only to the condition of those Territories and those communities, while they are a part of the United States. If the Senator from Michigan, when he asserts the powers of sovereignty to rest in the people of the Territory, and to be derived from Almighty God, means thus to assert as inalienable the right of revolution, and to draw this power from that source, then I agree with him entirely. It is also, and by very high authority, attempted to draw the right to govern Territories from the treaty-making power. That power does not rest in Congress. It is not a function of the General Government. The treaty-making power vests in the President and in the Senate—the one to negotiate, the other to ratify and confirm. If it is drawn from the treaty making power, and belongs to that, or grows out of it, then it belongs to the President and the Senate, and not to Congress. The treaty-making power is the mean which has been and may be legitimately used to acquire territory; but when it has been acquired, the transferred property is under all the conditions of the Constitution. It is then to be governed according to its principles. It matters not how it was obtained. The Constitution is supreme over it, and there can be no paramount law. The Constitution is the bond between the States—the agreement by which they act in concert. No power can be exercised by any department of this Government, and least of all by its legislative department, which is not derived from that source. But the Senator from Kentucky did not stop here. If he had paused at this controverted point—if he had only asserted that the Constitution gave power at one place or another—it would not have presented the dangerous aspect it wears in this discussion. But he goes further. He declares—and his position, his high name, may do us great injury by the declaration—that slavery does not exist, that it is interdicted by the law from the Territories acquired from Mexico; and, moreover, that it is excluded by a decree of nature, and of nature's God, from the land. The Senator quoted no law. He referred to a date when there was no law. Upon the point of prohibition I took issue with him, and upon that point I propose to present the proof. I have here, sir, the act of 1824, the decree of 1829, and the act of 1837, in the original language, which, I believe, are all that can be found of action of the Mexican Government, upon that subject; and, by one competent for the purpose, I have had them translated. The act of 1824, is for the prohibition of the traffic in slaves. It declares: “DECREE OF THE 13th July, 1824. “Prohibition by Congress of the Traffic in Slaves. “The Sovereign Constituent Congress of the United States of Mexico has thought it proper to decree as follows: “1. The commerce or traffic in slaves is forever prohibited in the Territory of the United States of Mexico, under whatever flag, and coming from whatever Power, (or country.) “2. Slaves which shall be introduced against the tenor of the foregoing article are free, from the single fact of treading the Territory of Mexico. “3. Any vessel, whether national or foreign, in which slaves shall be introduced, shall be irreversibly forfeited, with all its cargo; and the owner, supercargo, captain, master, and pilots, shall suffer the punishment of ten years’ imprisonment. “4. This decree shall have effect from the very day of its publication. But, as to the penalties prescribed in the foregoing article, it shall not have such effect for six months, with reference to the colonists who, in virtue of the law of the 14th October last, as to the colonization of the isthmus of Gonzaco deos, disembarked slaves for the purpose of introducing them into Mexican territory.” This was a prohibition against taking slaves into California and New Mexico from the United States, while those Territories belonged to the Mexican Republic. This is the only case in which a permanency is declared for the policy avowed, is the only prohibition, and it is now clearly inoperative. Next is the decree of 1829, the decree of a usurper—passed not by forms of law, but in violation of them. It declares: “15th day of April, 1829. “ Decree of the Government, in virtue of Extraordinary Powers. Abolition of Slavery in the Republic . “1. Slavery is (or literally remains) abolished in the republic. “2. Those are consequently free who were heretofore considered as slaves. “3. When the condition of the Treasury admits of it, the proprietors of slaves will be indemnified in a manner to be settled by the laws.” That decree was not executed. That some proprietors lost their slaves is not doubted; but that it was not fully executed is clear, from the fact that, in 1837, legislation occurred to carry out the object of the decree: "5th day, April 4, 1837. " Law. "Slavery is (or literally remains) abolished in the republic, without any exception whatever. “1. Slavery is (or literally remains) abolished, without any exception, in all the republic. “2. The owners of slaves manumitted by the present law, or by the decree of the 10th September, 1829, (summary of that month, page 2137,) will be indemnified for the value of the same; this value to be estimated by the valuation of their personal qualities; for which purpose a judge will be named by the commissary general, or his representative, and another by the owner, and in case of disagreement, a third, named by the proper constitutional alcalde , without interposition of appeal of any kind from this decision. The indemnification of which this article speaks will not be effective as regards the emigrants of Texas that may have taken a part in the revolution of that department. “3. The same owners to whom will be given gratis the original documents of the valuation referred to in the anterior article will present them to the Supreme Government, who will ordain that the general treasury issue the corresponding bonds for value of the respective amounts. “The payment of said bonds will take place in the manner which the Government may judge most equitable, conciliating the rights of individuals with the actual state of the public funds.” Here it will be seen, by comparison, that when perpetuity is intended, a distinct expression is used, as in the act of 1824—- para siempre , forever; this is not found in the abolition decree or act of Congress. How, therefore, do gentlemen learn the intent, and how will they proceed to give the stamp of eternal to the act of a Government which furnishes annual revolutions? This law was never carried out. So far as I have been able to learn, the appraisement, which was a part of the law, with which it was to go into effect, was never made, nor in any manner compensation rendered. More, sir; so far as I have been able to learn, this decree for the abolition of slavery, and the act of 1837, were both in violation of the wishes of the States and individuals particularly concerned. It was enacted against their will, by usurpation of power, first on the part of the dictator, and secondly on the part of the Mexican Congress. We have, in our practice and in our principles of government, nothing which can be considered as a parallel to a dictator, as known in the history of Mexico. The nearest parallel which I can imagine is, to suppose that in a period of invasion and imminently great danger, martial law should be declared over the whole of the United States. Suppose, in that case, that the Executive of the United States, vested with extraordinary power, should decree that slavery was abolished throughout the United States by virtue of the powers which he held under martial law, does any body believe it would be submitted to? Will any man contend that such a decree would have the validity of law in this Union? Will any man contend that if a future Congress should legislate in conformity thereto, and to compensate those who had lost their slaves under such a decree, the owner would be thereby compelled to submit to the decree? Or does any man believe that even if the right were conceded to our Congress to pass an emancipation act, providing that the slaves should be liberated by paying for them, the passage of such an act would be obligatory upon the owners before the compensation was made? All these points failed in the Mexican case. So far, then, as I can view this case, with my notions of constitutional construction, it was void in the beginning, and remained void to the end. But suppose it was a law. However informal the enactment, that supposition may be made from the fact that slavery did not exist in Mexico at the time we acquired the territory. Suppose it be conceded that by law it was abolished—could that law be perpetual?—could it extend to the territory after it became the property of the United States? Did we admit territory from Mexico subject to the Constitution and laws of Mexico? Did we pay fifteen millions of dollars for jurisdiction over California and New Mexico, that it might be held subordinate to the laws of Mexico? In the discussion upon that treaty by which we acquired the territory it was a very general opinion that we should get jurisdiction, and jurisdiction alone; that all the land would be found to be covered by grants which had become valid, so that we should not get public domain. Under the present construction, it seems that we did not get jurisdiction either. The argument made here and elsewhere for the continuance of the laws of Mexico is drawn from the laws of nations in relation to a conquered territory. I do not intend to go into that discussion. It is gratifying to every one, and marks the progress of civilization, to observe step after step taken to soften the rigors of war, and to ameliorate the condition of the subjugated. But, sir, this is not a conquest. This people came not to us as a conquered race. We acquired the territory by purchase and treaty, and we got from Mexico only that which she was willing to sell. The negotiation of the treaty shows that our Commissioner endeavored even to get a small strip off from Sonora, and was refused upon the ground that they would not interfere with the limits of a State. They sold us that which they were willing to part from; and whatever it was worth to us, we paid them much more than it was worth to them. It is not to the law of nations, it is not to the moral feeling of the age, in relation to a conquered people, that we are to look. It is to the treaty, to the terms of the treaty, and to the principles of the Constitution of the United States. Of the two articles—the 8th and 9th—the one secures all the rights of property to the Mexicans in the Territory at the time of its acquisition; the other guaranties a further admission to the rights of citizenship: “Article viii.—Mexicans now established in Territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said Territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said Territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of exchange of ratifications of this treaty; and those who shall remain in the said Territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. “Article ix.—The Mexicans who, in the Territories aforesaid, shall not preserve the character of citizens of the Mexican republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.” The Commissioners of Mexico had no idea that they were, by treaty transferring their law abolishing slavery into the United States. They had no conception that we were to be bound by the edicts and statutes of Mexico. And certainly if such an idea had been entertained by the Senate, it could not have been sanctioned by two-thirds of them. But this is not left undecided, or to mere speculation. This question was brought up in the discussion between the Commissioners, and it will be found, by a letter directed to the then Secretary of State (the Hon. Jas. Buchanan) by our agent, Mr. Trist, dated at Tacubaya, February 4, 1847, that the Mexican Commissioners pressed this point, the continuation of their law for the exclusion of slavery, upon Mr. Trist, in the earnest language which was read by the Senator from Kentucky. But the Senator did not read all that was said in reply to the Mexican Commissioners. I believe it appears in his revised speech. After telling them that such a proposition could not be entertained, Mr. Trist says: “I concluded by assuring them that the bare mention of the subject in any treaty to which the United States were a party was an absolute impossibility; that no President of the United States would dare to present any such treaty to the Senate; and that, if it were in their power to offer me the whole territory described in our projét, increased tenfold in value, and, in addition to that, covered a foot thick over with pure gold, upon the single condition that slavery should be excluded therefrom, I could not entertain the offer for a moment, nor think even of communicating it to Washington. The matter ended in their being fully satisfied that this topic was one not to be touched, and it was dropped, with good feeling on both sides.” Then, sir, the people of Mexico cannot expect that their law shall be recognized by our Government. The Commissioner of the United States rejected the proposition as one which could not be entertained. With this state of facts, the Senate have ratified the treaty. Under the belief that the Constitution of the United States covers all the territory which belongs to the States, under the conviction that the Supreme Court of the United States, sitting in judgment under the Constitution, would sustain us in such rights, we have tried to organize Territorial Governments; we have tried to transfer this question from Congress to the Supreme Court of the United States; we have asked for the establishment of district courts in California, for the simple admission that the Constitution of the United States prevailed over that country, in order to wring from those who opposed our rights under it some opportunity to test them legally. After all this, and when Congressional agitation has prevailed to prevent the slaveholder from migrating with his property, and sharing in the determination of the fundamental law, we are now told, with patronizing air, that we ought not to object since we have not been prohibited from participation in the Territories by Congress, and that in the case of California we are bound to accept such terms as the inhabitants of the Territory possessing it, under such circumstances, shall think fit to dictate to us. That the will of the conglomerated mass of gold-hunters, foreign and native, is to be taken as the decree of Nature, and to be held authoritative for the exclusion of citizens of the United States from equal privileges which the Constitution declares, and was established to secure. Why, sir, what choice is there between this and the Wilmot Proviso? I for one, would prefer the Wilmot Proviso. I demur, sir, after the House had killed the Wilmot Proviso, against any claim to a dukedom for him who brings the lifeless corpse into the Senate. I won’t agree to grant it, even under the threat of being left to kill all future Percys, without the aid of the knight who found the body by the wayside; least of all, have I any thanks to return to the Senator from Illinois, for the ground which he says he has assumed among his constituents in opposing the Wilmot Proviso; that it had no application, because, slavery being already excluded from the Territories, it was wholly unnecessary to prohibit it by new enactment. Sir, I prefer the Wilmot Proviso to that position; I prefer it, because the advocate of the Wilmot Proviso attempts to rob me of my rights, whilst acknowledging them, by the admission that it requires legislation to deprive me of them. The other denies their existence. Mr. Douglas (interposing): Mr. President, I do not know what is the intention of the Senator in bringing me into his speech. I am not aware—— Mr. Davis: I alluded to the position which you assumed in debate yesterday, for the purpose of answering it. Mr. Douglas: I stated then, as I have always stated, and as I state now, that I am opposed to the Wilmot Proviso, because, in my judgment, it violates a fundamental principle of free government—that all people have the right, derived from God himself, to regulate their own institutions as they see fit. Mr. Davis: If the Senator had been understood by me on that occasion as I understand him now—that he was opposed to the Wilmot Proviso because it violated a fundamental principle of our Government—I should not have alluded to him. Mr. Douglas: You will find it so reported in both the journals which report officially for the Senate. Mr. Davis: I did not mean to doubt it, sir. I am always prepared to admit that I am mistaken, when a Senator corrects me, in quoting from what he has said. I always permit him or any other gentleman to correct me, when I am stating what his position is, or what I had supposed it to be. I should as soon think of disputing with him upon the pronunciation of his own name. I presume, of course, that he is right, and I am wrong. And even if he had presented the subject as I thought, and meant to say any thing else, his explanation is good with me, the intent, the idea of the speaker, not the language, being that which is valuable. I, perhaps, more readily so understood the Senator from Illinois, because such positions had been taken by the Senator from Kentucky. I think that his earnest, even solemn, appeal to the North not to impose the Wilmot proviso, rested solely upon the ground that there was no necessity for it, the exclusion being already complete. If our rights are to be taken away from us, if slavery is excluded from the Territories—and the Wilmot proviso is only intended to exclude slavery—I do think that the honorable Senator from Kentucky presented to the North quite a sufficient argument for not pressing that measure. He asks them, for the sake of concord and harmony, for the sake of preserving the Union, to forbear from passing a law for an object and upon a subject which is, according to him, already covered by enactment, just as effectual for the purpose intended as that which he asks them to abandon. They must be very unreasonable, if they persist, under such circumstances, in a course of legislation so perilous and so unnecessary; and, I think they might, for a less consideration than the preservation of the Union, consent to a sacrifice which would cost absolutely nothing. The Senator from Kentucky has not only spoken repeatedly of these resolutions as resolutions of mutual concession, but on one occasion at least he spoke of them as concessions in which the North yields to the South far more than she receives. 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? Is it in insulting her by speculating upon her supposed necessities, and offering her a sum of money in consideration of a surrender of a portion of her territory? Is it, by declaring that it is inexpedient to abolish slavery in the District of Columbia, unless this Federal Government make compensation to the owners of the slaves—a class of property with which this Government has nothing more to do than with any other? Or is it in another condition which places the property of the owner at the mercy of the wayfarer, that is unless consent is obtained from the District, which can doubtless be obtained at some early day, through the great numbers of agents and office-holders the North gives annually to this city as temporary residents? Is this, or either of these propositions, a concession to the South? Are we to fill the Treasury, in order that it may be emptied for purposes of abolition? Is that one of the purposes for which we submit to taxation, direct or indirect? Can money be appropriated from the Treasury for any other than those purposes indicated in the Constitution? And was this Constitution formed for the purpose of emancipation? Sir, it seems to me that this is a question which gives its own solution—needs no answer. All property is best managed where Governments least interfere, and the practice of our Government has been generally founded on that principle. What has been the progress of emancipation throughout the whole history of our country? It has been the pressure of free labor upon the less profitable slave labor, until the slaves were transferred to sparser regions, and their number, by such transfer, was reduced to a limit at which, without inconvenience or danger, or serious loss, emancipation of the few who remained might occur. If this Federal Government had been invested with a trusteeship to take charge of the negroes of the United States, and provide for their emancipation, then I would admit that appropriations of money might be made out of the Treasury for purposes of abolition in the District of Columbia, but not otherwise. But, sir, is it true that the State of Maryland alone has any interest in this question? Is it true that there is no implied faith towards other States than Maryland not to disturb this question? The citizens of other States who helped to build up this Capitol and these public edifices expected it to be neutral ground, upon which they might all come with their rights equally recognised, each as in the different sections of the Union. Was there no implied faith to them? Should we stand upon an equal footing in this District, the common property of the several States, if slavery were abolished and the Southern man were not permitted to bring with him a species of domestics to which he is accustomed and attached, and which are therefore necessary to him? Would he have the same privileges in this District as those who have domestics of another sort? If not, then I say it ceases to be the common property of the United States, in which the citizens of every State have equal privileges. I will now, sir, in this connexion—because it is so much more pointed than any thing which I could offer on the subject—refer to the remarks made by the honorable Senator from Kentucky, when formerly a member of this body upon this very subject, the abolition of slavery in the District of Columbia. He then said: “The following is the provision of the Constitution of the United States, in reference to this matter: “‘To exercise exclusive legislation in all cases whatsoever over such District (not exceeding ten miles square) as may by cession of particular States, and the acceptance of Congress, become the seat of Government of the United States.’ “This provision preceded, in point of time, the actual cessions which were made by the States of Maryland and Virginia. The object of the cession was to establish a seat of Government of the United States, and a grant in the Constitution of exclusive legislation must be understood, and should be always interpreted, as having relation to the object of the cession. * “If it were necessary to the efficiency of this place as a seat of the General Government to abolish slavery, which is utterly denied, the abolition should be confined to the necessity which prompts it—that is, to the limits of the city of Washington itself. Beyond those limits, persons concerned in the Government of the United States have no more to do with the inhabitants of the District, than they have with the inhabitants of the adjacent counties of Maryland and Virginia which lie beyond the District. * “The grant in the case we are considering, of the territory of Columbia, was for a seat of government. Whatever power is necessary to accomplish that object is carried along by the grant. But the abolition of slavery is not necessary to the enjoyment of this site as a seat of the General Government. The grant in the Constitution of exclusive power of legislation over the District was made to ensure the exercise of an exclusive authority of the General Government to render this place a safe and secure seat of government, and to promote the well-being of the inhabitants of the District. The power granted ought to be interpreted and exercised solely to the end for which it was granted.” That I hold to be a more conclusive argument against than the one which the Senator offered upon this occasion for the power. We have no right to exercise any authority over the District of Columbia, except for those purposes for which it was ceded to the United States by the States to which it formerly belonged. Until the argument heretofore used is answered more effectively than on this occasion, it is perhaps unnecessary to disturb it. Sir, if the argument of the Senator that slavery was prohibited in Mexico, and that thereby it is prohibited in the Territories acquired from her, were good in relation to slavery, it must equally hold good with reference to some sixty articles of ordinary commerce prohibited by Mexican law. In a letter from the Secretary of the Treasury, March 30th, 1847, he states that about sixty articles of ordinary commerce are embraced in the acts of prohibition in Mexico, including many of the most common articles of trade, such as cotton and cotton fabrics, salt, tobacco, coarse woollen cloths, grain of all kinds, and most kinds of leather, and other manufactured articles. If the right of the slaveholder to migrate into the Territories, and to carry this species of property there, is prohibited by Mexican laws, so is the right of the ordinary trader to enter there with any of those sixty articles of commerce likewise prohibited, and the privilege which every citizen now freely exercises of free trade in the Territories does not exist of right. But the right of free trade throughout the United States is derived from the Constitution, and resulted necessarily and instantly from the transfer of the country to the United States. That right equally applies to the transfer of slave property from the domicil of the owner in any of the States to the same Territories; and the Mexican laws are no more in force on this subject than on the other. But if I am told, by way of answer, that the revenue laws are extended over the Territories, I reply they are extended only by the authority of the Constitution. The Mexican law which abolished slavery had not the same validity—it had not the same formality—not the same binding force as those which prohibited these sixty enumerated articles of commerce. It was because the Constitution overrode these prohibitory laws that free trade now exists. It is because the Constitution recognises property in slaves, and secures equal privileges and immunities to all citizens of the United States, that we claim the abolition of slavery by Mexico to have died with the transfer of those Territories to the United States. By the transfer of the territory, the sovereignty of Mexico was withdrawn; the sovereignty of the United States was immediately extended over the country and filled its place: a sovereignty to be measured by our Constitution, not by the policy of Mexico. But let us suppose that it had been referred to Mexican people, whether they would more readily tolerate the introduction of free trade and of slavery or Protestantism within their boundaries, does any one doubt that they would say carry into California and New Mexico any or all of the sixty prohibited articles, and slavery likewise, but spare us the introduction of Protestantism. Does the established religion of Mexico remain in force, is Protestantism excluded from the Territories, or does the freedom of religious worship secured by our Constitution prevail over the land? I hope it will not be attempted to discriminate between the few and the many in cases of constitutional right; that the principles of our compact, sacred to the defence of the minority, will not be stretched and contracted as prejudice or interest may dictate. The sovereignty of the United States refers to the Constitution. Upon that I am disposed to rest the rights of the South. But, sir, because, on a former occasion, I stated what I believed to be our constitutional rights, but that as there were two great antagonist principles in this country, one claiming that slavery shall be excluded from all the Territories, and the other contending that slaveholders have a right to go with their property into all of the Territories, and as these two conflicting principles could not be reconciled, as compromise was only to be found in a division of the property, that I would consent to the establishment of a line, on one side of which one of these principles should prevail, and on the other side the other should be recognized—because I stated this, and because I suggested that this common territory, which it seems cannot be enjoyed in peace together, should be divided, I was charged with the desire to establish slavery where it does not now exist. I claimed as our existing right the privilege to go into all the territory, and said I would not recognize your right to exclude us from any portion of it; for one, I was willing to settle the controversy, and incur the hazard of taking the Missouri compromise line as a division, waving the question of right. I would agree to any compromise adequate to the present crisis which equality and honor will permit. Now, sir, what was the case in the Missouri compromise? That was all slave territory; and to be divided between the slaveholding and non-slaveholding States, it merely required a line to be drawn, and prohibition to be attached to that part which was assigned to the non-slaveholding interest. So in the case of Texas, with the exception that, as the territory was covered by the jurisdiction of a sovereign State, the prohibition could only take effect after Texas withdrew her sovereignty from the part so provided for. Mr. President, in all the controversy which has arisen about the validity and extent of the Mexican law, no species of property has ever been denied the right to enter the territory we have acquired, except slaves. Why is this? What is there in the character of that property which excludes it from the general benefit of the principles applied to all other property? It is true that gentlemen have asserted that this is local, and depends upon the laws of the States in which it exists; that it was established by municipal regulations. But gentlemen must understand that this slave property, like all other, is not the creation of statute, it is regulated by law like other tenures and relations of society, but like other property, must have existed before laws were passed concerning it; like other property, resulted from the dominion of mind over matter, and, more distinctly than most other species of property, is traced back to the remotest period of antiquity. Following up the stream of time, as far as history will guide us, we find there, in the earliest stage of society, slavery existing, and legislated upon as an established institution. And wherever the hieroglyphics of Egypt have been deciphered, and have told the history of ages not otherwise recorded, they show that the Ethiopian, so far as he has been traced, has been found in the condition of bondage. This kind of property was not established here by law, nor did it originate here. It came into the colonies as all other property, subject to the common law which then governed them and from time to time, laws have been passed to regulate it, but never to establish it. No law has ever been passed to make a freeman a slave, save that which imposes involuntary servitude as a punishment for crimes. Slaves were purchased upon the coast of Africa, and brought to the colonies of the United States, in their earliest history. Those colonies resisted such importations, yet the mother country continued it because it was profitable to her commerce; and after this Union was formed, those States which now insist upon restricting slavery—now most vociferous for abolition—were the same that extended the period to which slaves were introduced into the United States; the same that postponed the date when the custom-house officers of the United States should be required to execute the laws of Virginia, to prevent the further introduction of negroes and mulattoes from the West Indies. Yes, it was northern men who rebuked Mr. Randolph for speaking of the high powers which Virginia might exercise, if the Federal Government should not require her custom-house officers to aid in the execution of that law. This property, after it had ceased to be connected with the slave-trade, and no longer served to employ shipping and gratify the avarice of those who had sustained the policy of that trade, became the subject of popular declamation; and those who grew rich in the traffic have been ever since making public demonstration of their horror of the crime, as they denominate slavery. It was, so far as our interest was involved, a sound, wise policy that abolished that trade, and I presume there is no man in the United States who would be willing to revive it. The slave trade, however, so far as the African was concerned, was a blessing; it brought him from abject slavery and a barbarian master, and sold him into a Christian land. It brought him from a benighted region, and placed him in one where civilization would elevate and dignify his nature. It is a fact which history fully establishes, that through the portal of slavery alone, has the decendant of the graceless son of Noah ever entered the temple of civilization. Thus has been made manifest the inscrutable wisdom of the decree which made him a servant of servants. The slave trade has been the greatest source of permanent blessing to him. It has sent back a population possessed of an intelligence that would have never been reached in their own country. It has established that colony which, if any thing can, may lead to the extinction of the slave trade. I say if any thing can; for it is a notorious fact, that the slave trade has increased in proportion to the efforts made to destroy it. And the horrors of the traffic have increased in a still higher ratio; not only by the suffering which results from the necessity of using small vessels to escape the vigilance of the cruisers, but also by famine and disease caused by long delay on the coast, the result of difficulty in embarkation, under the watchful vigilance of the observing squadron. From like cause many of the slaves brought to the coast of Africa have been massacred by their barbarian masters. In 1840 the commander of the British ship Actæon wrote to the Secretary of the Admiralty that the native chief of Lagos caused upwards of two thousand of his slaves to be slaughtered. Let this speak to those who suppose that slavery begins with transportation, and that absolute power over the African is a thing peculiar to our continent. But, whatever be the curse or the blessings of the African slave trade, it is a thing which was never introduced or engaged in by the South, and one for which Southern men never were and their descendants are not responsible. It is not our province to reply to any strictures which may be made upon it; it is odious among us now, as it was with our ancestors. We only defend the domestic institution of slavery as it exists in the United States; the extension of which into any new Territory will not increase the number of the slaves by one single person, but which it is very probable may, in many instances, produce emancipation. If, during the early settlement of a country, slaves are permitted to enter, the excess of demand over supply of labor will no doubt cause their introduction; but if it prove to be one in which climate and soil are both opposed to their use, then the population of the States which may be erected there, will as certainly decree emancipation, as the same causes produced the emancipation of slavery in any of the Northeastern States. It is not, then, for the purpose of emancipation or for the benefit of the slave that it is sought to restrict it; no, sir, quite otherwise; for it will be remembered that, on the floor of the Senate, it was once avowed that the policy of the extension of slavery was opposed because it would be the means of multiplying their number by increasing their substantial comforts. Yes, sir, we were pointed to the statistics of the North to show that crime, and degradation, and poverty, drew in their train, as a natural result, a check to the increase, and indicated the final extinction of the free blacks resident in that section; and those who said this are the same who, with pretensions of philanthropy, of special regard for the African, are striving for abolition, and attacking the peace of the people with whom they live, and between whom and them exist relations as kind as those which exist between man and man in the ordinary relation of life. But, sir, the Senator, after declaring that no earthly power could induce him to vote for the recognition of this right to introduce slaves into the territory of the United States, announced that the effort to claim the recognition of it was an effort to propagate slavery, and then, as though it were a convertible term, said to propagate wrong. I do not propose to discuss the justice or injustice of slavery as an abstract proposition; I occupy this seat for no such purpose. It is enough for me to know, that here we are not called upon to legislate either for its amelioration or to fix the places in which it shall be held, and certainly have no power to abolish it. It is enough for me elsewhere to know, that it was established by decree of Almighty God, that it is sanctioned in the Bible, in both Testaments, from Genesis to Revelations; that it has existed in all ages, has been found among the people of the highest civilization, and in nations of the highest proficiency in the arts. It is enough, if this were not sufficient, to know that it existed in all the States of this Union at the period of the confederacy, and in all but one at the adoption of this Constitution, and that in one-half of them it continues to exist at the present day. It does not follow, because he believes it demonstrable, that a Southern man should enter into an argument to justify the right to hold property of this character. Testimony might be produced to show that many blessings spring from it, in proportion to the evils that are so loudly denounced as an inherent part of it. But I ask of those who entertain opinions opposite to mine, is it well to denounce an evil for which there is no cure? Why not denounce criminal laws, declaim against disease, pain, or poverty, as wrong? There are many evils in the condition of man which we would be glad to remedy; but, not being able, we permit them to exist as less than those which would follow an interference with them. The abolition of slavery in the District of Columbia, so long agitated in both halls of Congress, and which has formed the themes of so many Northern lectures, I had hoped, whilst they had so many more important themes, and especially whilst assuring us that there was no intention to interfere with slavery in the States, but only to prevent its extension, would for a season have been permitted to repose, if it be now impossible to return to the sounder opinions of other times. It was formerly the case—I will not say in the better days of the republic, though any that have gone before may prove to be better than these—that Northern men, on account of the implied faith of the cession, and for the peace that should exist in the place held for common purposes by a common Government, resisted every attempt to touch the institution of slavery in the District of Columbia. Such, I recollect, was the course of a distinguished Senator once, from the State of Pennsylvania— distinguished then, and more distinguished since—distinguished by his capacity—distinguished by his high attainment—distinguished for his high eloquence—yet more distinguished still for the pure morality of his life, and the stern patriotism of his character. That Senator (Mr. Buchanan, of Pennsylvania) presented from the people of his own State a petition for the abolition of slavery in the District of Columbia. After a long and able discussion, the prayer of the petitioners was rejected by a vote of 34 to 6. He presented it as a matter of respect to those who had enclosed it to him; but he moved that it be rejected, and made a speech in favor of its rejection. From that speech I will read some short passages: “The Constitution has, in the clearest terms, recognized the right of property in slaves. It prohibits any State into which a slave may have fled from passing any law to discharge him from slavery, and declares that he shall be delivered up by the authorities of such State to his master. Nay, more; it makes the existence of slavery the foundation of political powers, by giving to those States within which it exists Representatives in Congress, not only in proportion to the whole number of free persons, but also in proportion to three fifths of the number of slaves.” “Sir, said Mr. B., this question of domestic slavery is a weak point in our institutions. Tariffs may be raised almost to prohibition, and then they may be reduced so as to yield no adequate protection to the manufacturer; our Union is sufficiently strong to endure the shock. Fierce political storms may arise; the moral elements of the country may be convulsed by the struggles of ambitious men for the highest honors of Government. The sunshine does not more certainly succeed the storm than that all will again be peace. Touch this question of slavery seriously —let it once be made manifest to the people of the South that they cannot live with us, except in a state of continual apprehension and alarm for their wives and their children, for all that is near and dear to them upon the earth, and the Union is from that moment dissolved. It does not then become a question of expediency, but of self-preservation. It is a question brought home to the fireside—to the domestic circle—of every white man in the Southern States.” Thus he spoke in 1835; and recently, when no longer in the public councils, he answered an invitation from his old friends in Berks county, Pennsylvania, and then, alluding to this same harassing and distracted question, used the following language: “After Louisiana was acquired from France by Mr. Jefferson, and when the State of Missouri, which constituted a part of it, was about to be admitted into the Union, the Missouri question arose, and in its progress threatened the dissolution of the Union. This was settled by the men of the last generation, as other important and dangerous questions have been settled, in a .spirit of mutual concession. Under the Missouri compromise, slavery was ‘forever prohibited’ north of the parallel of 30 degrees 30 minutes; and south of this parallel the question was left to be decided by the people. Congress, in the admission of Texas, following in the footsteps of their predecessors, adopted the same rule; and, in my opinion, the harmony of the States, and even the security of the Union itself, require that the line of the Missouri compromise should be extended to any new territory which we may acquire from Mexico.” Now, I have no doubt that if that honorable gentleman was upon this floor he would vote for the extension of the Missouri compromise line to the Pacific, with the admission of our right below the line as distinctly as the prohibition above it. I do not believe he would practise a delusion, but frankly and honestly would say that the application of the Missouri compromise line to the present case would require new terms. It would not be in keeping with the language I have quoted and the opinion I have expressed of him to act otherwise. Is it honest for those who have enjoyed all the benefits of the Missouri compromise, when it was run through slaveholding States and Territories, now to claim that these benefits are not to be extended to others? Who would expect a Southern man to accept the Missouri compromise line with the condition of slavery prohibited above it, and nothing said about it below the line? What would be obtained? Would there be a settlement of the question—any peace secured to the country? I ask, is it not offensive to the understanding of any man to suppose he will surrender substantial, essential rights for empty professions? If I am told that it would be implied, but that the feelings of the North will not allow the expression, then, sir, I am offered new evidence of a hostility which is incompatible with the idea of compromise, or the expectation of its faithful observance. Source: Speech of Mr. Davis of Mississippi, on the Subject of Slavery in the Territories , available on the Internet Archive, here
- "The Causes by which the Union is Endangered" - John C. Calhoun
Speech delivered by James Mason of Virginia due to Calhoun age. March 4, 1850 I have, Senators, believed from the first that the agitation of the subject of slavery would, if not prevented by some timely and effective measure, end in disunion. Entertaining this opinion, I have, on all proper occasions, endeavored to call the attention of both the two great parties which divide the country to adopt some measure to prevent so great a disaster, but without success. The agitation has been permitted to proceed, with almost no attempt to resist it, until it has reached a point when it can no longer be disguised or denied that the Union is in danger. You have thus had forced upon you the greatest and the gravest question that can ever come under your consideration --- How can the Union be preserved? To give a satisfactory answer to this mighty question, it is indispensable to have an accurate and thorough knowledge of the nature and the character of the cause by which the Union is endangered. Without such knowledge it is impossible to pronounce, with any certainty, by what measure it can be saved; just as it would be impossible for a physician to pronounce, in the case of some dangerous disease, with any certainty, by what remedy the patient could be saved, without similar knowledge of the nature and character of the cause which produced it. The first question, then, presented for consideration, in the investigation I propose to make, in order to obtain such knowledge, is --- What is it that has endangered the Union? To this question there can be but one answer, --- that the immediate cause is the almost universal discontent which pervades all the States composing the Southern section of the Union. This widely-extended discontent is not of recent origin. It commenced with the agitation of the slavery question, and has been increasing ever since. The next question, going one step further back, is --- What has caused this widely diffused and almost universal discontent? It is a great mistake to suppose, as it is by some, that it originated with demagogues, who excited the discontent with the intention of aiding their personal advancement, or with the disappointed ambition of certain politicians, who resorted to it as the means of retrieving their fortunes. On the contrary, all the great political influences of the section were arrayed against excitement, and exerted to the utmost to keep the people quiet The great mass of the people of the South were divided, as in the other section, into Whigs and Democrats. The leaders and the presses of both parties in the South were very solicitous to prevent excitement and to preserve quiet; because it was seen that the effects of the former would necessarily tend to weaken, if not destroy, the political ties which united them with their respective parties in the other section. Those who know the strength of party ties will readily appreciate the immense force which this cause exerted against agitation, and in favor of preserving quiet. But, great as it was, it was not sufficient to prevent the wide-spread discontent which now pervades the section. No; some cause, far deeper and more powerful than the one supposed, must exist, to account for discontent so wide and deep. The question then recurs --- What is the cause of this discontent? It will be found in the belief of the people of the Southern States, as prevalent as the discontent itself, that they cannot remain, as things now are, consistently with honor and safety, in the Union. The next question to be considered is --- What has caused this belief? One of the causes is, undoubtedly, to be traced to the long-continued agitation of the slave question on the part of the North, and the many aggressions which they have made on the rights of the South during the time. I will not enumerate them at present, as it will be done hereafter in its proper place. There is another lying back of it --- with which this is intimately connected --- that may be regarded as the great and primary cause. This is to be found in the fact that the equilibrium between the two sections, in the Government as it stood when the constitution was ratified and the Government put in action, has been destroyed. At that time there was nearly a perfect equilibrium between the two, which afforded ample means to each to protect itself against the aggression of the other; but, as it now stands, one section has the exclusive power of controlling the Government, which leaves the other without any adequate means of protecting itself against its encroachment and oppression. To place this subject distinctly before you, I have, Senators, prepared a brief statistical statement, showing the relative weight of the two sections in the Government under the first census of 1790 and the last census of 1840. According to the former, the population of the United States, including Vermont, Kentucky, and Tennessee, which then were in their incipient condition of becoming States; but were not actually admitted, amounted to 3,929,827. Of this number the Northern States had 1,997,899, and the Southern 1,952,072, making a difference of only 45,827 in favor of the former States. The number of States, including Vermont, Kentucky, and Tennessee, were sixteen; of which eight, including Vermont, belonged to the Northern section, and eight, including Kentucky and Tennessee, to the Southern, --- making an equal division of the States between the two sections under the first census. There was a small preponderance in the House of Representatives, and in the electoral college, in favor of the Northern, owing to the fact that, according to the provisions of the constitution, in estimating the federal numbers five slaves count but three; but it was too small to affect sensibly the perfect equilibrium which, with that exception, existed at the time. Such was the equality of the two sections when the States composing them agreed to enter into a Federal Union. Since then the equilibrium between them has been greatly disturbed. According to the last census the aggregate population of the United States amounted to 17,063,357, of which the Northern section contained 9,728,920, and the Southern 7,334,437, making a difference in round numbers, of 2,400,000. The number of States had increased from sixteen to twenty-six, making an addition of ten States. In the meantime the position of Delaware had become doubtful as to which section she properly belonged. Considering her as neutral, the Northern States will have thirteen and the Southern States twelve, making a difference in the Senate of two Senators in favor of the former. According to the apportionment under the census of 1840, there were two hundred and twenty-three members of the House of Representatives, of which the Northern States had one hundred and thirty-five, and the Southern States (considering Delaware as neutral) eighty-seven, making a difference in favor of the former in the House of Representatives of forty-eight. The difference in the Senate of two members, added to this, gives to the North, in the electoral college, a majority of fifty. Since the census of 1840, four States have been added to the Union --- Iowa, Wisconsin, Florida, and Texas. They leave the difference in the Senate as it stood when the census was taken; but add two to the side of the North in the House, making the present majority in the House in its favor fifty, and in the electoral college fifty-two. The result of the whole is to give the Northern section a predominance in every department of the Government, and thereby concentrate in it the two elements which constitute the Federal Government, --- majority of States, and a majority of their population, estimated in federal numbers. Whatever section concentrates the two in itself possesses the control of the entire Government. But we are just at the close of the sixth decade, and the commencement of the seventh. The census is to be taken this year, which must add greatly to the decided preponderance of the North in the House of Representatives and in the electoral college. The prospect is, also, that a great increase will be added to its present preponderance in the Senate, during the period of the decade, by the addition of new States. Two territories, Oregon and Minnesota, are already in progress, and strenuous efforts are making to bring in three additional States from the territory recently conquered from Mexico; which, if successful, will add three other States in a short time to the Northern section, making five States; and increasing the present number of its States from fifteen to twenty, and of its Senators from thirty to forty. On the contrary, there is not a single territory in progress in the Southern section, and no certainty that any additional State will be added to it during the decade. The prospect then is, that the two sections in the Senate, should the efforts now made to exclude the South from the newly acquired territories succeed, will stand, before the end of the decade, twenty Northern States to fourteen Southern (considering Delaware as neutral), and forty Northern Senators to twenty-eight Southern. This great increase of Senators, added to the great increase of members of the House of Representatives and the electoral college on the part of the North, which must take place under the next decade, will effectually and irretrievably destroy the equilibrium which existed when the Government commenced. Had this destruction been the operation of time, without the interference of Government, the South would have had no reason to complain; but such was not the fact. It was caused by the legislation of this Government, which was appointed, as the common agent of all, and charged with the protection of the interests and security of all. The legislation by which it has been effected, may be classed under three heads. The first is, that series of acts by which the South has been excluded from the common territory belonging to all the States as members of the Federal Union --- which have had the effect of extending vastly the portion allotted to the Northern section, and restricting within narrow limits the portion left the South. The next consists in adopting a system of revenue and disbursements, by which an undue proportion of the burden of taxation has been imposed upon the South, and an undue proportion of its proceeds appropriated to the North; and the last is a system of political measures, by which the original character of the Government has been radically changed. I propose to bestow upon each of these, in the order they stand, a few remarks, with the view of showing that it is owing to the action of this Government, that the equilibrium between the two sections has been destroyed, and the whole powers of the of the system centered in a sectional majority. The first of the series of acts by which the South was deprived of its due share of the territories, originated with the confederacy which preceded the existence of this Government. It is to be found in the provision of the ordinance of 1787. Its effect was to exclude the South entirely from that vast and fertile region which lies between the Ohio and the Mississippi rivers, now embracing five States and one territory. The next of the series is the Missouri compromise, which excluded the South from that large portion of Louisiana which lies north of 36" 30', excepting what is included in the State of Missouri. The last of the series excluded the South from the whole of the Oregon Territory. All these, in the slang of the day, were what are called slave territories, and not free soil; that is, territories belonging to slaveholding powers and open to the emigration of masters with their slaves. By these several acts, the South was excluded from 1,238,025 square miles - an extent of country considerably exceeding the entire valley of the Mississippi. To the South was left the portion of the Territory of Louisiana lying south of 36° 30', and the portion north of it included in the State of Missouri, with the portion lying south of 36° 30', including the States of Louisiana and Arkansas, and the territory lying west of the latter, and south of 36" 30', called the Indian country. These, with the Territory of Florida, now the State, make, in the whole, 253,503 square miles, To this must be added the territory acquired with Texas. If the whole should be added to the Southern section, it would make an increase of 325,520, which would make the whole left to the South, 609,023. But a large part of Texas is still in contest between the two sections, which leaves it uncertain what will be the real extent of the portion of territory that may be left to the South. I have not included the territory recently acquired by the treaty with Mexico. The North is making the most strenuous efforts to appropriate the whole to herself, by excluding the South from every foot of it. If she should succeed, it will add to that from which the South has already been excluded, 526,078 square miles, and would increase the whole which the North has appropriated to herself, to 1,764,023, not including the portion that she may succeed in excluding us from in Texas. To sum up the whole, the United States, since they declared their independence, have acquired 2,373,046 square miles of territory, from which the North will have excluded the South, if she should succeed in monopolizing the newly acquired territories, about three-fourths of the whole, leaving to the South but about one-fourth. Such is the first and great cause that has destroyed the equilibrium between the two sections in the Government. The next is the system of revenue and disbursements which has been adopted by the Government. It is well known that the Government has derived its revenue mainly from duties on imports. I shall not undertake to show that such duties must necessarily fall mainly on the exporting States, and that the South, as the great exporting portion of the Union, has in reality paid vastly more than her due portion of the revenue; because I deem it unnecessary, as the subject has on so many occasions been fully discussed. Nor shall I, for the same reason, undertake to show that a far greater portion of the revenue has been disbursed at the North, than its due share; and that the joint effect of these causes has been, to transfer a vast amount from South to North, which, under an equal system of revenue and disbursements, would not have been lost to her. If to this be added, that many of the duties were imposed not for revenue but for protection, --- that is, intended to put money, not in the treasury, but directly into the pocket of the manufacturers, --- some conception may be formed of the immense amount which, in the long course of sixty years, has been transferred from South to North. There are no data by which it can be estimated with any certainty; but it is safe to say, that it amounts to hundreds of millions of dollars. Under the most moderate estimate, it would be sufficient to add greatly to the wealth of the North, and thus greatly increase her population by attracting emigration from all quarters to that section. This, combined with the great primary cause, amply explains why the North has acquired a preponderance in every department of the Government by its disproportionate increase of population and States. The former, as has been shown has increased, in fifty years, 2,400,000 over that of the South. This increase of population, during so long a period, is satisfactorily accounted for, by the number of emigrants, and the increase of their descendants, which have been attracted to the Northern section from Europe and the South, in consequence of the advantages derived from the causes assigned. If they had not existed --- if the South had retained all the capital which has been extracted from her by the fiscal action of the Government; and, if it had not been excluded by the ordinance of 1787 and the Missouri compromise, from the region lying between the Ohio and the Mississippi rivers, and between the Mississippi and the Rocky Mountains north of 36° 30' - it scarcely admits of a doubt, that it would have divided the emigration with the North, and by retaining her own people, would have at least equaled the North in population under the census of 1840, and probably under that about to be taken. She would also, if she had retained her equal rights in those territories, have maintained an equality in number of States with the North, and have preserved the equilibrium between the two sections that existed at the commencement of the Government The loss, then, of the equilibrium is to be attributed to the action of this Government. But while these measures were destroying the equilibrium between the two sections, the action of the Government was leading to a radical change in its character; by concentrating all the power of the system in itself. The occasion will not permit me to trace the measures by which this great change has been consummated. If it did, it would not be difficult to show that the process commenced at an early period of the Government; and that it proceeded, almost without interruption, step by step, until it absorbed virtually its entire powers; but without going through the whole process to establish the fact, it may be done satisfactorily by a very short statement. That the Government claims, and practically maintains the right to decide in the last resort, as to the extent of its powers, will scarcely be denied by any one conversant with the political history of the country. That it also claims the right to resort to force to maintain whatever power it claims, against all opposition, is equally certain. Indeed it is apparent, from what we daily hear, that this has become the prevailing and fixed opinion of a great majority of the community. Now, I ask, what limitation can possibly be placed upon the powers of a government claiming and exercising such rights? And, if none can be, how can the separate governments of the States main them by the constitution --- or the people of the several States maintain those which are reserved to them, and among others, the sovereign powers by which they ordained and established, not only their separate State Constitutions and Governments, but also the Constitution and Government of the United States? But, if they have no constitutional means of maintaining them against the right claimed by this Government, it necessarily follows, that they hold them at its pleasure and discretion, and that all the powers of the system are in reality concentrated in it. It also follows, that the character of the Government has been changed in consequence, from a federal republic, as it originally came from the hands of its framers, into a great national consolidated democracy. It has indeed, at present, all the characteristics of the latter, and not one of the former, although it still retains its outward form. The result of the whole of these causes combined is --- that the North has acquired a decided ascendency over every department of this Government, and through it a control over all the powers of the system. A single section governed by the will of the numerical majority, has now, in fact, the control of the Government and the entire powers of the system. what was once a constitutional federal republic, is now converted, in reality, into one as absolute as that of the Autocrat of Russia,and as despotic in its tendency as any absolute government that ever existed. As, then, the North has the absolute control over the Government, it is manifest, that on all questions between it and the South, where there is a diversity of interests, the interest of the latter will be sacrificed to the former, however oppressive the effects may be; as the South possesses no means by which it can resist, through the action of the Government. But if there was no question of vital importance to the South, in reference to which there was a diversity of views between the two sections, this state of things might be endured, without the hoard of destruction to the South. But such is not the fact. There is a question of vital importance to the Southern section, in reference to which the views and feelings of the two sections are as opposite and hostile as they can possibly be. I refer to the relation between the races in the Southern Section, which constitutes a vital portion of her social organization. Every portion of the North entertains views and feelings more or less hostile to it. Those most opposed and hostile, regard it as a sin, and consider themselves under the most sacred obligation to use every effort to destroy it. Indeed, to the extent that they conceive they have power; they regard themselves as implicated in the sin, and responsible for not suppressing it by the use of all and every means. Those less opposed and hostile, regard it as a crime - an offence against humanity, as they call it; and, although not so fanatical, feel themselves bound to use all efforts to effect the same object; while those who are least opposed and hostile, regard it as a blot and a stain on the character of what they call the Nation, and feel themselves accordingly bound to give it no countenance or support. On the contrary, the Southern situation regards the relation as one which cannot be destroyed without subjecting the two races to the greatest calamity, and the section to poverty, desolation, and wretchedness; and accordingly they feel bound, by every consideration of interest and safety, to defend it. This hostile feeling on the part of the North towards the social organization of South long lay dormant, but it only required some cause to act on those who felt most intensely that they were responsible for its continuance, to call it into action. The increasing power of this Government, and of the control of the Northern section over all its departments furnished the cause. It was this which made an impression on the minds of many, that there was little or no restraint to prevent the Government from doing whatever it might choose to do. This was sufficient of itself to put the most fanatical portion of the North in action, for the purpose of destroying the existing relation between the two races in the South. The first organized movement towards it commenced in 1835. Then, for the first time, societies were organized, presses established, lecturers sent forth to excite the people of the North, and incendiary publications scattered over the whole South, through the mail. The South was thoroughly aroused. Meetings were held everywhere, and resolutions adopted, calling upon the North to apply a remedy to arrest the threatened evil, and pledging themselves to adopt measures for their own protection, if it was not arrested. At the meeting of Congress, petitions poured in from the North, calling upon Congress to abolish slavery in the District of Columbia, and to prohibit, what they called, the internal slave trade between the States - announcing at the same time, that their ultimate object was to abolish slavery, not only in the District, but in the States and throughout the Union. At this period, the number engaged in the agitation was small, and possessed little or no personal influence. Neither party in Congress had, at that time, any sympathy with them or their cause. The members of each party presented their petitions with great reluctance. Nevertheless, small and contemptible as the party then was, both of the great parties of the North dreaded them. They felt, that though small, they were organized in reference to a subject which had a great and a commanding influence over the Northern mind. Each party, on that account, feared to oppose their petitions, lest the opposite party should take advantage of the one who might do so, by favoring them. The effect was, that both united in insisting that the petitions should be received, and that Congress should take jurisdiction over the subject. To justify their course, they took the extraordinary ground, that Congress was bound to receive petitions on every subject, however objectionable they might be, and whether they had, or had not, jurisdiction over the subject. These views prevailed in the House of Representatives, and partially in the Senate; and thus the party succeeded in their first movements, in gaining what they pro-posed -a position in Congress, from which agitation could be extended over the whole Union. This was the commencement of the agitation, which has ever since continued, and which, as is now acknowledged, has endangered the Union itself. As for myself, I believed at that early period, if the party who got up the petitions should succeed in getting Congress to take jurisdiction, that agitation would follow, and that it would in the end, if not arrested, destroy the Union. I then so expressed myself in debate, and called upon both parties to take grounds against assuming jurisdiction; but in vain. Had my voice been heeded, and had Congress refused to take jurisdiction, by the united votes of all parties, the agitation which followed would have been prevented, and the fanatical zeal that gives impulse to the agitation, and which has brought us to our present perilous condition, would have become extinguished, from the want of fuel to feed the flame. That was the time for the North to have shown her devotion to the Union; but, unfortunately, both of the great parties of that section were so intent on obtaining or retaining party ascendency, that all other considerations were overlooked or forgotten. What has since followed are but natural consequences. With the success of their first movement, this small fanatical party began to acquire strength; and with that, to become an object of courtship to both the great parties. The necessary consequence was, a further increase of power, and a gradual tainting of the opinions of both of the other parties with their doctrines, until the infection has extended over both; and the great mass of the population of the North, who, whatever may be their opinion of the original abolition party, which still preserves its distinctive organization, hardly ever fail, when it comes to acting, to co-operate in carrying out their measures. With the increase of their influence, they extended the sphere of their action. In a short time after the commencement of their first movement, they had acquired sufficient influence to induce the legislatures of most of the Northern States to pass acts, which in effect abrogated the clause of the constitution that provides for the delivery up of fugitive slaves. Not long after, petitions followed to abolish slavery in forts, magazines, and dock-yards, and all other places where Congress had exclusive power of legislation This was followed by petitions and resolutions of legislatures of the Northern States, and popular meetings, to exclude the Southern States from all territories. acquired, or to be acquired, and to prevent the admission of any State hereafter into the Union, which, by its constitution does not prohibit slavery. And Congress is invoked to do all this, expressly with the view to the final abolition of slavery in the States. That has been avowed to be the ultimate object from the beginning of the agitation until the present time; and yet the great body of both parties of the North, with the full knowledge of the fact, although disavowing the abolitionists, have cooperated with them in almost all their measures. Such is a brief history of the agitation, as far as it has yet advanced. Now I ask, Senators, what is there to prevent its further progress, until it fulfills the ultimate end proposed, unless some decisive measure should be adopted to prevent it? Has any one of the causes, which has added to its increase from its original small and contemptible beginning until it has attained its present magnitude, diminished in force? Is the original cause of the movement - that slavery is a sin, and ought to be suppressed - weaker now than at the commencement? Or is the abolition party less numerous or influential, or have they less influence with, or control over the two great parties of the North in elections? Or has the South greater means of influencing or controlling the movements of this Government now, than it had when the agitation commenced? To all these questions but one answer can be given: No --- no --- no. The very reverse is true. Instead of being weaker, all the elements in favor of agitation are stronger now than they were in 1835, when it first commenced, while all the elements of influence on the part of the South are weaker. Unless something decisive is done, I again ask, what is to stop this agitation, before the great and final object at which it aims - the abolition of slavery in the States --- is consummated? Is it, then, not certain, that if something is not done to arrest it, the South will be forced to choose between abolition and secession? Indeed, as events are now moving, it will not require the South to secede, in order to dissolve the Union. Agitation will of itself effect it, of which its past history furnishes abundant proof - as I shall next proceed to show. It is a great mistake to suppose that disunion can be effected by a single blow. The cords which bound these States together in one common Union, are far too numerous and powerful for that. Disunion must be the work of time. It is only through a long process, and successively, that the cords can be snapped, until the whole fabric falls asunder. Already the agitation of the slavery question has snapped some of the most important, and has greatly weakened all the others, as I shall proceed to show. The cords that bind the States together are not only many, but various in character. Some are spiritual or ecclesiastical; some political; others social. Some appertain to the benefit conferred by the Union, and others to the feeling of duty and obligation. The strongest of those of a spiritual and ecclesiastical nature, consisted in the unity of the great religious denominations, all of which originally embraced the whole Union. All these denominations, with the exception, perhaps, of the Catholics, were organized very much upon the principle of our political institutions. Beginning with smaller meetings, corresponding with the political divisions of the country, their organization terminated in one great central assemblage, corresponding very much with the character of Congress. At these meetings the principal clergymen and lay members of the respective denominations, from all parts of the Union, met to transact business relating to their common concerns. It was not confined to what appertained to the doctrines and discipline of the respective denominations, but extended to plans for disseminating the Bible --- establishing missions, distributing tracts --- and of establishing presses for the publication of tracts, newspapers, and periodicals, with a view of diffusing religious information --- and for the support of their respective doctrines and creeds. All this combined contributed greatly to strengthen the bonds of the Union. The ties which held each denomination together formed a strong cord to hold the whole Union together; but, powerful as they were, they have not been able to resist the explosive effect of slavery agitation. The first of these cords which snapped, under its explosive force, was that of the powerful Methodist Episcopal Church. The numerous and strong ties which held it together, are all broken, and its unity gone. They now form separate churches; and, instead of that feeling of attachment and devotion to the interests of the whole church which was formerly felt, they are now arrayed into two hostile bodies, engaged in litigation about what was formerly their common property. The next cord that snapped was that of the Baptists --- one of the largest and most respectable of the denominations. That of the Presbyterian is not entirely snapped, but some of its strands have given way. That of the Episcopal Church is the only one of the four great Protestant denominations which remains unbroken and entire. The strongest cord, of a political character, consists of the many and powerful ties that have held together the two great parties which have, with some modifications, existed from the beginning of the Government. They both extended to every portion of the Union, and strongly contributed to hold all its parts together. But this powerful cord has fared no better than the spiritual. It resisted, for a long time, the explosive tendency of the agitation, but has finally snapped under its force - if not entirely, in a great measure. Nor is there one of the remaining cords which has not been greatly weakened. To this extent the Union has already been destroyed by agitation, in the only way it can be, by sundering and weakening the cords which bind it together. If the agitation goes on, the same force, acting with increased intensity, as has been shown, will finally snap every cord, when nothing will be left to hold the States together except force. But, surely, that can, with no propriety of language, be called a Union, when the only means by which the weaker is held connected with the stronger portion is force. It may, indeed, keep them connected; but the connection will partake much more of the character of subjugation, on the part of the weaker to the stronger, than the union of free, independent, and sovereign States, in one confederation, as they stood in the early stages of the Government, and which only is worthy of the sacred name of Union. Having now, Senators, explained what it is that endangers the Union, and traced it to its cause, and explained its nature and character, the question again recurs—how can the Union be saved? To this I answer, there is but one way by which it can be—and that is—by adopting such measures as will satisfy the States belonging to the Southern section, that they can remain in the Union consistently with their honor and their safety. There is, again, only one way by which this can be effected, and that is—by removing the causes by which this belief has been produced. Do this and discontent will cease—harmony and kind feelings between the sections be restored—and every apprehension of danger to the Union removed. The question, then, is—How can this be done? But, before I undertake to answer this question, I propose to show by what the Union cannot be saved. It cannot, then, be saved by eulogies on the Union, however splendid or numerous. The cry of "Union, Union—the glorious Union!'' can no more prevent disunion than the cry of "Health, health—glorious health!" on the part of the physician, can save a patient lying dangerously ill. So long as the Union, instead of being regarded as a protector, is regarded in the opposite character, by not much less than a majority of the States, it will be in vain to attempt to conciliate them by pronouncing eulogies on it. Besides this cry of Union comes commonly from those whom we cannot believe to be sincere. It usually comes from our assailants. But we cannot believe them to be sincere; for, if they loved the Union, they would necessarily be devoted to the constitution. It made the Union—and to destroy the constitution would be to destroy the Union. But the only reliable and certain evidence of devotion to the constitution is, to abstain, on the one hand, from violating it, and to repel, on the other, all attempts to violate it. It is only by faithfully performing these high duties that the constitution can be preserved, and with it the Union. But how stands the profession of devotion to the Union by our assailants, when brought to this test? Have they abstained from violating the constitution? Let the many acts passed by the Northern States to set aside and annul the clause of the constitution providing for the delivery up of fugitive slaves answer. I cite this, not that it is the only instance (for there are many others), but because the violation in this particular is too notorious and palpable to be denied. Again: have they stood forth faithfully to repel violations of the constitution? Let their course in reference to the agitation of the slavery question, which was commenced and has been carried on for fifteen years, avowedly for the purpose of abolishing slavery in the States—an object all acknowledged to be unconstitutional—answer. Let them show a single instance, during this long period, in which they have denounced the agitators or their attempts to effect what is admitted to be unconstitutional, or a single measure which they have brought forward for that purpose. How can we, with all these facts before us, believe that they are sincere in their profession of devotion to the Union, or avoid believing their profession is but intended to increase the vigor of their assaults and to weaken the force of our resistance? Nor can we regard the profession of devotion to the Union, on the part of those who are not our assailants, as sincere, when they pronounce eulogies upon the Union, evidently with the intent of charging us with disunion, without uttering one word of denunciation against our assailants. If friends of the Union, their course should be to unite with us in repelling these assaults, and denouncing the authors as enemies of the Union. Why they avoid this, and pursue the course they do, it is for them to explain. Nor can the Union be saved by invoking the name of the illustrious Southerner whose mortal remains repose on the western bank of the Potomac. He was one of us—a slaveholder and a planter. We have studied his history, and find nothing in it to justify submission to wrong. On the contrary, his great fame rests on the solid foundation, that, while he was careful to avoid doing wrong to others, he was prompt and decided in repelling wrong. I trust that, in this respect, we profited by his example. Nor can we find any thing in his history to deter us from seceding from the Union, should it fail to fulfill the objects for which it was instituted, by being permanently and hopelessly converted into the means of oppressing instead of protecting us. On the contrary, we find much in his example to encourage us, should we be forced to the extremity of deciding between submission and disunion. There existed then, as well as now, a union—that between the parent country and her then colonies. It was a union that had much to endear it to the people of the colonies. Under its protecting and superintending care, the colonies were planted and grew up and prospered, through a long course of years, until they became populous and wealthy. Its benefits were not limited to them. Their extensive agricultural and other productions, gave birth to a flourishing commerce, which richly rewarded the parent country for the trouble and expense of establishing and protecting them. Washington was born and grew up to manhood under that union. He acquired his early distinction in its service, and there is every reason to believe that he was devotedly attached to it. But his devotion was a rational one. He was attached to it, not as an end, but as a means to an end. When it failed to fulfill its end, and, instead of affording protection, was converted into the means of oppressing the colonies, he did not hesitate to draw his sword, and head the great movement by which that union was for ever severed, and the independence of these States established. This was the great and crowning glory of his life, which has spread his fame over the whole globe, and will transmit it to the latest posterity. Nor can the plan proposed by the distinguished Senator from Kentucky [Mr. Clay], nor that of the administration save the Union. I shall pass by, without remark, the plan proposed by the Senator, and proceed directly to the consideration of that of the administration. I however assure the distinguished and able Senator, that, in taking this course, no disrespect whatever is intended to him or his plan. I have adopted it, because so many Senators of distinguished abilities, who were present when he delivered his speech, and explained his plan, and who were fully capable to do justice to the side they support, have replied to him. The plan of the administration cannot save the Union, because it can have no effect whatever, towards satisfying the States composing the southern section of the Union, that they can, consistently with safety and honor, remain in the Union. It is, in fact, but a modification of the Wilmot Proviso. It proposes to effect the same object—to exclude the South from all territory acquired by the Mexican treaty. It is well known that the South is united against the Wilmot Proviso, and has committed itself by solemn resolutions, to resist, should it be adopted. Its opposition is not to the name , but that which it proposes to effect . That, the Southern States hold to be unconstitutional, unjust, inconsistent with their equality as members of the common Union, and calculated to destroy irretrievably the equilibrium between the two sections. These objections equally apply to what, for brevity, I will call the Executive Proviso. There is no difference between it and the Wilmot, except in the mode of effecting the object; and in that respect, I must say, that the latter is much the least objectionable. It goes to its object openly, boldly, and distinctly. It claims for Congress unlimited power over tlie territories, and proposes to assert it over the territories acquired from Mexico, by a positive prohibition of slavery. Not so the Executive Proviso. It takes an indirect course, and in order to elude the Wilmot Proviso, and thereby avoid encountering the united and determined resistance of the South, it denies, by implication, the authority of Congress to legislate for the territories, and claims the right as belonging exclusively to the inhabitants of the territories. But to effect the object of excluding the South, it takes care, in the mean time, to let in emigrants freely from the Northern States and all other quarters, except from the South, which it takes special care to exclude by holding up to them the danger of having their slaves liberated under the Mexican laws. The necessary consequence is to exclude the South from the territory, just as effectually as would the Wilmot Proviso. The only difference in this respect is, that what one proposes to effect directly and openly, the other proposes to effect indirectly and covertly. But the Executive Proviso is more objectionable than the Wilmot, in another and more important particular. The latter, to effect its object, inflicts a dangerous wound upon the constitution, by depriving the Southern States, as joint partners and owners of the territories, of their rights in them; but it inflicts no greater wound than is absolutely necessary to effect its object. The former, on the contrary, while it inflicts the same wound, inflicts others equally great, and, if possible, greater, as I shall next proceed to explain. In claiming the right for the inhabitants, instead of Congress, to legislate for the territories, the Executive Proviso, assumes that the sovereignty over the territories is vested in the former: or to express it in the language used in a resolution offered by one of the Senators from Texas (General Houston, now absent), they have “the same inherent right of self-government as the people in the States." The assumption is utterly unfounded, unconstitutional, without example, and contrary to the entire practice of the Government, from its commencement to the present time, as I shall proceed to show. The recent movement of individuals in California to form a constitution and a State government, and to appoint Senators and Representatives, is the first fruit of this monstrous assumption. If the individuals who made this movement had gone into California as adventurers, and if, as such, they had conquered the territory and estabhshed their independence, the sovereignty of the country would have been vested in them, as a separate and independent community. In that case, they would have had the right to form a constitution, and to establish a government for themselves; and if, afterwards, they thought proper to apply to Congress for admission into the Union as a sovereign and independent State, all this would have been regular, and according to established principles. But such is not the case. It was the United States who conquered California and finally acquired it by treaty. The sovereignty, of course, is vested in them, and not in the individuals who have attempted to form a constitution and a State without their consent. All this is clear, beyond controversy unless it can be shown that they have since lost or been divested of their sovereignty. Nor is it less clear, that the power of legislating over the acquired territory is vested in Congress, and not, as is assumed, in the inhabitants of the territories. None can deny that the Government of the United States has the power to acquire territories, either by war or treaty; but if the power to acquire exists, it belongs to Congress to carry it into execution. On this point there can be no doubt, for the constitution expressly provides, that Congress shall have power "to make all laws which shall be necessary and proper to carry into execution the foregoing powers" (those vested in Congress), "and all other powers vested by this constitution in the Government of the United States, or in any department or officer thereof. ” It matters not, then, where the power is vested; for, if vested at all in the Government of the United States, or any of its departments, or officers, the power of carrying it into execution is clearly vested in Congress. But this important provision, while it gives to Congress the power of legislating over territories, imposes important limitations on its exercise, by restricting Congress to passing laws necessary and proper for carrying the power into execution. The prohibition extends, not only to all laws not suitable or appropriate to the object of the power, but also to all that are unjust, unequal, or unfair—for all such laws would be unnecessary and improper, and, therefore, unconstitutional. Having now established, beyond controversy, that the sovereignty over the territories is vested in the United States—that is, in the several States composing the Union—and that the power of legislating over them is expressly vested in Congress, it follows, that the individuals in California who have undertaken to form a constitution and a State, and to exercise the power of legislating without the consent of Congress, have usurped the sovereignty of the State and the authority of Congress, and have acted in open defiance of both. In other words, what they have done is revolutionary and rebellious in its character, anarchical in its tendency, and calculated to lead to the most dangerous consequences. Had they acted from premeditation and design, it would have been, in fact, actual rebellion; but such is not the case. The blame lies much less upon them than upon those who have induced them to take a course so unconstitutional and dangerous. They have been led into it by language held here, and the course pursued by the Executive branch of the Government. I have not seen the answer of the Executive to the calls made by the two Houses of Congress for information as to the course which it took, or the part which it acted, in reference to what was done in California. I understand the answers have not yet been printed. But there is enough known to justify the assertion, that those who profess to represent and act under the authority of the Executive, have advised, aided, and encouraged the movement, which terminated in forming, what they call a constitution and a State. General Riley, who professed to act as civil Governor, called the convention—determined on the number, and distribution of the delegates—appointed the time and place of its meeting—was present during the session—and gave its proceedings his approbation and sanction. If he acted without authority, he ought to have been tried, or at least reprimanded, and his course disavowed. Neither having been done, the presumption is, that his course has been approved. This, of itself, is sufficient to identify the Executive with his acts, and to make it responsible for them. I touch not the question, whether General Riley was appointed, or received the instructions under which he professed to act from the present Executive, or its predecessor. If from the former, it would implicate the preceding, as well as the present administration. If not, the responsibility rests exclusively on the present. It is manifest from this statement, that the Executive Department has undertaken to perform acts preparatory to the meeting of the individuals to form their so called constitution and government, which appertain exclusively to Congress. Indeed, they are identical, in many respects, with the provisions adopted by Congress, when it gives permission to a territory to form a constitution and government, in order to be admitted as a State into the Union. Having now shown that the assumption upon which the Executive, and the individuals in California, acted throughout this whole affair, is unfounded, unconstitutional, and dangerous; it remains to make a few remarks, in order to show that what has been done, is contrary to the entire practice of the Government, from the commencement to the present time. From its commencement until the time that Michigan was admitted, the practice was uniform. Territorial governments were first organized by Congress. The Government of the United States appointed the governors, judges, secretaries, marshals, and other officers; and the inhabitants of the territory were represented by legislative bodies, whose acts were subject to the revision of Congress. This state of things continued until the government of a territory applied to Congress to permit its inhabitants to form a constitution and government, preparatory to admission into the Union. The act preliminary to giving permission was, to ascertain whether the inhabitants were sufficiently numerous to authorize them to be formed into a State. This was done by taking a census. That being done, and the number proving sufficient, permission was granted. The act granting it, fixed all the preliminaries—the time and place of holding the convention; the qualification of the voters; establishment of its boundaries, and all other measures necessary to be settled previous to admission. The act giving permission necessarily withdraws the sovereignty of the United States, and leaves the inhabitants of the incipient State as free to form their constitution and government as were the original States of the Union after they had declared their independence. At this stage, the inhabitants of the territory became, for the first time, a people, in legal and constitutional language. Prior to this, they were, by the old acts of Congress, called inhabitants, and not people. All this is perfectly consistent with the sovereignty of the United States, with the powers of Congress, and with the right of a people to self-government. Michigan was the first case in which there was any departure from the uniform rule of acting. Hers was a very slight departure from established usage. The ordinance of 1787 secured to her the right of becoming a State, when she should have 60,000 inhabitants. Owing to some neglect, Congress delayed taking the census. In the mean time her population increased, until it clearly exceeded more than twice the number which entitled her to admission. At this stage, she formed a constitution and government, without a census being taken by the United States, and Congress waived the omission, as there was no doubt she had more than a sufficient number to entitle her to admission. She was not admitted at the first session she applied, owing to some difficulty respecting the boundary between her and Ohio. The great irregularity, as to her admission, took place at the next session—but on a point which can have no possible connection with the case of California. The irregularities in all other cases that have since occurred, are of a similar nature. In all, there existed territorial governments established by Congress, with officers appointed by the United States. In all, the territorial government took the lead in calling conventions, and fixing the preliminaries preparatory to the formation of a constitution and admission into the Union. They all recognized the sovereignty of the United States, and the authority of Congress over the territories; and wherever there was any departure from established usage, it was done on the presumed consent of Congress, and not in defiance of its authority, or the sovereignty of the United States over the territories. In this respect California stands alone, without usage or a single example to cover her case. It belongs now. Senators, to you to decide what part you will act in reference to this unprecedented transaction. The Executive has laid the paper purporting to be the Constitution of California before you, and asks you to admit her into the Union as a State; and the question is, will you or will you not admit her? It is a grave question, and there rests upon you a heavy responsibility. Much, very much, will depend upon your decision. If you admit her, you indorse and give your sanction to all that has been done. Are you prepared to do so? Are you prepared to surrender your power of legislation for the territories—a power expressly vested in Congress by the constitution, as has been fully established? Can you, consistently with your oath to support the constitution, surrender the power? Are you prepared to admit that the inhabitants of the territories possess the sovereignty over them, and that any number, more or less, may claim any extent of territory they please; may form a constitution and government, and erect it into a State, without asking your permission? Are you prepared to surrender the sovereignty of the United States over whatever territory may be hereafter acquired to the first adventurers who may rush into it? Are you prepared to surrender virtually to the Executive Department all the powers which you have heretofore exercised over the territories? If not, how can you, consistently with your duty and your oaths to support the constitution, give your assent to the admission of California as a State, under a pretended constitution and government? Again, can you believe that the project of a constitution which they have adopted has the least validity? Can you believe that there is such a State in reality as the State of California? No; there is no such State. It has no legal or constitutional existence. It has no validity, and can have none, without your sanction. How, then, can you admit it as a State when, according to the provision of the constitution, your power is limited to admitting new States . To be admitted, it must be a State—and an existing State, independent of your sanction, before you can admit it. When you give your permission to the inhabitants of a territory to form a constitution and a State, the constitution and State they form, derive their authority from the people, and not from you. The State, before it is admitted is actually a State, and does not become so by the act of admission , as would be the case with California, should you admit her contrary to the constitutional provisions and established usage heretofore. The Senators on the other side of the Chamber must permit me to make a few remarks in this connection particularly applicable to them—with the exception of a few Senators from the South, sitting on the other side of the Chamber—When the Oregon question was before this body, not two years since, you took (if I mistake not) universally the ground, that Congress had the sole and absolute power of legislating for the territories. How, then, can you now, after the short interval which has elapsed, abandon the ground which you took, and thereby virtually admit that the power of legislating, instead of being in Congress, is in the inhabitants of the territories? How can you justify and sanction by your votes the acts of the Executive, which are in direct derogation of what you then contended for? But to approach still nearer to the present time, how can you, after condemning, little more than a year since, the grounds taken by the party which you defeated at the last election, wheel round and support by your votes the grounds which, as explained recently on this floor by the candidate of the party in the last election, are identical with those on which the Executive has acted in reference to California? What are we to understand by all this? Must we conclude that there is no sincerity, no faith in the acts and declarations of public men, and that all is mere acting or hollow profession? Or are we to conclude that the exclusion of the South from the territory acquired from Mexico is an object of so paramount a character in your estimation, that right, justice, constitution and consistency must all yield, when they stand in the way of our exclusion? But, it may be asked, what is to be done with California, should she not be admitted? I answer, remand her back to the territorial condition, as was done in the case of Tennessee, in the early stage of the Government. Congress, in her case, had established a territorial government in the usual form, with a governor, judges, and other officers, appointed by the United States. She was entitled, under the deed of cession, to be admitted into the Union as a State as soon as she had sixty thousand inhabitants. The territorial government, believing it had that number, took a census, by which it appeared it exceeded it. She then formed a constitution, and applied for admission. Congress refused to admit her, on the ground that the census should be taken by the United States, and that Congress had not determined whether the territory should be formed into one or two States, as it was authorized to do under the cession. She returned quietly to her territorial condition. An act was passed to take a census by the United States, containing a provision that the territory should form one State. All afterwards was regularly conducted, and the territory admitted as a State in due form. The irregularities in the case of California are immeasurably greater, and offer much stronger reasons for pursuing the same course. But, it may be said, California may not submit. That is not probable; but if she should not, when she refuses, it will then be time for us to decide what is to be done. Having now shown what cannot save the Union, I return to the question with which I commenced, How can the Union be saved? There is but one way by which it can with any certainty; and that is, by a full and final settlement, on the principle of justice, of all the questions at issue between the two sections. The South asks for justice, simple justice, and less she ought not to take. She has no compromise to offer, but the constitution; and no concession or surrender to make. She has already surrendered so much that she has little left to surrender. Such a settlement would go to the root of the evil, and remove all cause of discontent, by satisfying the South, she could remain honorably and safely in the Union, and thereby restore the harmony and fraternal feelings between the sections which existed anterior to the Missouri agitation. Nothing else can, with any certainty, finally and for ever settle the questions at issue, terminate agitation, and save the Union. But can this be done? Yes, easily; not by the weaker party, for it can of itself do nothing—not even protect itself—but by the stronger. The North has only to will it to accomplish it—to do justice by conceding to the South an equal right in the acquired territory, and to do her duty by causing the stipulations relative to fugitive slaves to be faithfully fulfilled—to cease the agitation of the slave question, and to provide for the insertion of a provision in the constitution, by an amendment, which will restore to the South, in substance, the power she possessed of protecting herself, before the equilibrium between the sections was destroyed by the action of this Government. There will be no difficulty in devising such a provision—one that will protect the South, and which, at the same time, will improve and strengthen the Grovernment, instead of impairing and weakening it. But will the North agree to this? It is for her to answer the question. But, I will say, she cannot refuse, if she has half the love of the Union which she professes to have, or without justly exposing herself to the charge that her love of power and aggrandizement is far greater than her love of the Union. At all events, the responsibility of saving the Union rests on the North, and not on the South. The South cannot save it by any act of hers, and the North may save it without any sacrifice whatever, unless to do justice, and to perform her duties under the constitution, should be regarded by her as a sacrifice. It is time, Senators, that there should be an open and manly avowal on all sides, as to what is intended to be done. If the question is not now settled, it is uncertain whether it ever can hereafter be; and we, as the representatives of the States of this Union, regarded as governments, should come to a distinct understanding as to our respective views, in order to ascertain whether the great questions at issue can be settled or not. If you, who represent the stronger portion, cannot agree to settle them on the broad principle of justice and duty, say so; and let the States we both represent agree to separate and part in peace. If you are unwilling we should part in peace, tell us so, and we shall know what to do, when you reduce the question to submission or resistance. If you remain silent, you will compel us to infer by your acts what you intend. In that case, California will become the test question. If you admit her, under all the difficulties that oppose her admission, you compel us to infer that you intend to exclude us from the whole of the acquired territories, with the intention of destroying, irretrievably, the equilibrium between the two sections. We would be blind not to perceive in that case, that your real objects are power and aggrandizement, and infatuated not to act accordingly. I have now, Senators, done my duty in expressing my opinions fully, freely, and candidly, on this solemn occasion. In doing so, I have been governed by the motives which have governed me in all the stages of the agitation of the slavery question since its commencement. I have exerted myself, during the whole period, to arrest it, with the intention of saving the Union, if it could be done; and if it could not, to save the section where it has pleased Providence to cast my lot, and which I sincerely believe has justice and the constitution on its side. Having faithfully done my duty to the best of my ability, both to the Union and my section, throughout this agitation, I shall have the consolation, let what will come, that I am free from all responsibility. Source: Richard K. Cralle, The works of John C. Calhoun , Vol. IV, pp. 542--573, available on the Internet Archive, here .
- "Cotton is King" - Sen. James Hammond
March 4, 1858 The Senate, as in Committee of the Whole, having under consideration the bill for the admission of the State of Kansas in the Union — Mr. HAMMOND said: Mr. PRESIDENT: In the debate which occurred in the early part of the last month, I understood the Senator from Illinois (Mr. DOUGLAS) to say that the question of the reception of the Lecompton constitution was narrowed down to a single point. That point was, whether that constitution embodied the will of the people of Kansas. Am I correct? Mr. DOUGLAS. The Senator is correct, with this qualification: I could waive the irregularity and agree to the reception of Kansas into the Union under the Lecompton constitution, provided I was satisfied that it was the act and deed of that people, and embodied their will. There are other objections; but the others I could overcome, if this point were disposed of. Mr. HAMMOND. I so understood the Senator. I understood that if he could be satisfied that this constitution embodied the will of the people of Kansas, all other defects and irregularities could be cured by the act of Congress, and that he himself would be willing to permit such an act to be passed. Now, sir, the only question is, how is that will to be ascertained, and upon that point, and that only, we shall differ. In my opinion the will of the people of Kansas is to be sought in the act of her lawful convention elected to form a constitution, and no where else; and that it is unconstitutional and dangerous to seek it elsewhere. I think that the Senator fell into a fundamental error in his report dissenting from the report of the majority of the territorial committee, when he said that the convention which framed this constitution was "the creature of the Territorial Legislature;" and from that error has probably arisen all his subsequent errors on this subject. How can it be possible that a convention should be the creature of a Territorial Legislature? The convention was an assembly of the people in their highest sovereign capacity, about to perform their highest possible act of sovereignty. The Territorial Legislature is a mere provisional government; a petty corporation, appointed and paid by the Congress of the United States, without a particle of sovereign power. Shall that interfere with a sovereignty — inchoate, but still a sovereignty? Why, Congress cannot interfere; Congress cannot confer on the Territorial Legislature the power to interfere. Congress is not sovereign. Congress has sovereign powers, but no sovereignty. Congress has no power to act outside of the limitations of the Constitution; no right to carry into effect the Supreme Will of any people, and, therefore, Congress is not sovereign. Nor does Congress hold the sovereignty of Kansas. The sovereignty of Kansas resides, if it resides anywhere, with the sovereign States of this Union. They have conferred upon Congress, among other powers, the authority of administering such sovereignty to their satisfaction. They have given Congress the power to make needful rules and regulations regarding the Territories, and they have given Congress power to admit a State — " admit ", not create . Under these two powers, Congress may first establish a provisional territorial government merely for municipal purposes; and when a State has grown into rightful sovereignty, when that sovereignty which has been kept in abeyance demands recognition, when a community is formed there, a social compact created, a sovereignty born as it were upon the soil, then Congress is gifted with the power to acknowledge it, and the Legislature, only by mere usage, oftentimes neglected, assists at the birth of it by passing a precedent resolution assembling a convention. But when that convention assembles to form a constitution, it assemble in the highest known capacity of a people, and has no superiour in this Government but a State sovereignty; or rather the State sovereignties of all the States alone can do anything with the act of that convention. Then if that convention was lawful, if there is no objection to the convention itself, there can be not objection to the action of the convention; and there is no power on earth that has a right to inquire, outside of its acts, whether the convention represented the will of the people of Kansas or not, for a convention of the people is, according to the theory of our Government, for all the purposes for which the people elected it, THE PEOPLE, bona fide , being the only way in which all the people can assemble and act together. I do not doubt that there might be some cases of such gross and palpable frauds committed in the formation of a convention, as might authorize Congress to investigate them, but I can scarcely conceive of any; and I do not think that Congress has any other power when a State knocks at the door for admission, but to inquire if her constitution is republican. That it embodies the will of her people must necessarily be taken for granted, if it is their lawful act. I am assuming, of course, that her boundaries are settled, and her population sufficient. If what I have said be correct, then the will of the people of Kansas is to be found in the action of her constitutional convention. It is immaterial whether it is the will of a majority of the people of Kansas now , or not. The convention was, or might have been, elected by a majority of the people of Kansas. A convention, elected in April, may well frame a constitution that would not be agreeable to majority of the people of anew State, rapidly filling up, in the succeeding January; and if Legislatures are to be allowed to put to vote the acts of a convention, and have them annulled by a subsequent influx of immigrants, there is no finality. If you were to send back the Lecompton constitution, and another as to be framed, in the slow way in which we do public business in this country, before it would reach Congress and be passed, perhaps the majority would be turned the other way. Whenever you go outside of the regular forms of law and constitutions to seek for the will of the people you are wandering in a wilderness — a wilderness of thorns. If this was a minority constitution I do no know that that would be an objection to it. Constitutions are made for minorities. Perhaps minorities ought to have the right to make constitutions, for they are administered by majorities. The Constitution of this Government was made by a minority, and as late as 1840 a minority had it in their hands, and could have altered or abolished it; for, in 1840, six out of the twenty-six States of the Union held the numerical majority. The Senator from Illinois has, upon his view of the Lecompton constitution and the present situation of affairs in Kansas, raised a cry of "popular sovereignty." The Senator from New York (Mr. SEWARD) yesterday made himself facetious about it, and called it "squatter sovereignty." There is a popular sovereignty which is the basis of our Government, and I am unwilling that the Senator should have the advantage of confounding it with "squatter sovereignty." In all countries and in all time, it is well understood that the numerical majority of the people could, if they chose, exercise the sovereignty of the country; but for want of intelligence, and for want of leaders, they have never yet been able successfully to combine and form a stable, popular government. They have often attempted it, but it has always turned out, instead of a popular sovereignty, a populace sovereignty; and demagogues, placing themselves upon the movement, have invariable led them into military despotism. I think that the popular sovereignty which the Senator from Illinois would derive from the acts of his Territorial Legislature, and from the information received from partisans and partisan presses, would lead us directly into populace , and not popular sovereignty. Genuine popular sovereignty never existed on a firm basis except in this country. The first gun of the Revolution announced a new organization of it, which was embodied in the Declaration of Independence, developed, elaborated, and inaugurated forever in the Constitution of the United States. The two pillars of it were Representation and the Ballot-box. In distributing their sovereign powers among the various Departments of the Government, the people retained for themselves the single power of the ballot-box; and a great power it was. Through that they were able to control all the Departments of the Government. It was not for the people to exercise political power in detail; it was not for them to be annoyed with the cares of Government; but, from time to time, through the ballot-box, to exert their sovereign power and control the whole organization. This is popular sovereignty, the popular sovereignty of a legal constitutional ballot-box; and when spoken through that box, the "voice of the people," for all political purposes, "is the voice of God;" but when it is outside of that, it is the voice heard of a demon, the tocsin of the reign of terror. In passing I omitted to answer a question that the Senator from Illinois has, I believe, repeatedly asked; and that is, what were the legal powers of the Territorial Legislature after the formation and adoption of the Lecompton constitution? That had nothing to do with the Territorial Legislature, which was a provisional government almost without power, appointed and paid by this Government. The Lecompton constitution was the act of a people, and the sovereign act of a people. They moved in different spheres and on different planes, and could not come in contact at all without usurpation on the one part of the other. It was not competent for the Lecompton constitution to overturn the territorial government and set up a government in place of it, because that constitution, until acknowledged by Congress, was nothing; it was not in force anywhere. It could well require the people of Kansas to pass upon it or any portion of it; it could do whatever was necessary to perfect that constitution, but nothing beyond that, until Congress had agreed to accept it. In the mean time the territorial government always a government ad interim , was entitled to exercise all the sway over the Territory that it ever had been entitled to. The error of assuming, as the Senator did, that the convention was the creature of the territorial government, has led him into the difficulty and confusion of connecting these two governments together. There is no power to govern in the convention until after the adoption by Congress of its constitution. If the Senator from Illinois, whom I regard as the Ajax Telamon of this debate, does not press the question of frauds, I shall have little or nothing to say about that. The whole history of Kansas is a disgusting one, from the beginning to the end. I have avoided reading it as much as I could. Had I been a Senator before, I should have felt it my duty, perhaps, to have done so; but not expecting to be one, I am ignorant, fortunately, in a great measure, of details; and I was glad to hear the acknowledgment of the Senator from Illinois, since it excuses me from the duty of examining them. I hear, on the other side of the Chamber, a great deal said about "gigantic and stupendous frauds;" and the Senator from New York, yesterday, in portraying the character of this party and the opposite one, laid the whole of those frauds upon the pro-slavery party. To listen to him, you would have supposed that the regiments of immigrants recruited in the purlieus of the great cities of the North, and sent out, armed and equipped with Sharpe's rifles and bowie knives and revolvers, to conquer freedom for Kansas, stood by, meek saints, innocent as doves, and harmless as lambs brought up to the sacrifice. General Lane's lambs! They remind one of the famous " lambs " of Colonel Kirke, to whom they have a strong family resemblance. I presume that there were frauds; and that if they were frauds, they were equally great on all side; and that any investigation into them on this floor, or by a commission, would end in nothing but disgrace to the United States. But, sir, the true object of the discussion on the other side of the Chamber, is to agitate the questions of slavery. I have very great doubts whether the leaders on the other side of the house really wish to defeat this bill. I think they would consider it a vastly greater victory to crush out the Democratic party in the North, and destroy the authors of the Kansas-Nebraska bill; and I am not sure that they have not brought about this imbroglio for the very purpose. They tell us that year after year the majority in Kansas was beaten at the polls! They have always had a majority, but they always get beaten! How could that be? It does seem, from the most reliable sources of information, that they have a majority, and have had a majority for some time. Why has not this majority come forward and taken possession of the government, and made a free-State constitution and brought it here? We should all have voted for its admission cheerfully. There can be but one reason; if they had brought, as was generally supposed at the time the Kansas-Nebraska act was passed would be the case, a free-State constitution here, there would have been no difficulty among the northern Democrats; they would have been sustained by their people. The statement made by some of them, as I understood, that that act was a good free-State act, would have been verified, and the northern Democratic party would have been sustained. But its coming here a slave State, it is hoped, will kill that party, and that is the reason they have refrained from going to the polls; that is the reason they have refrained from making it a free-State when they had the power. They intend to make it a free-State as soon as they have effected their purpose of destroying the Democratic party at the North, and now their chief object here is, to agitate slavery. For one, I am not disposed to discuss that question here in any abstract from. I think the time has gone by for that. Our minds are all made up. I may be willing to discuss it — and that is the way it should be and must be discussed — as a practical thing , as a thing that is , and is to be ; and to discuss its effect upon our political institutions, and ascertain how long those institutions will hold together with slavery ineradicable . The Senator from New York entered very fairly into this field yesterday. I was surprised, the other day, when he so openly said "the battle had been fought and won." Although I knew, and had long known it to be true, I was surprised to hear him say so. I thought that he had been entrapped into a hasty expression by the sharp rebukes of the Senator from New Hampshire; and I was glad to learn yesterday they had been well considered — that they meant all that I thought they meant; that they meant that the South is a conquered province, and that the North intends to rule it. He said that was their intention "to take this Government from unjust and unfaithful hands, and place it in just and faithful hands;" that it was their intention to consecrate all the Territories of the Union to free labor; and that, to effect their purposes, they intended to reconstruct the Supreme Court. Yesterday, the Senator said, suppose we admit Kansas with the Lecompton constitution—what guarantees are there that Congress will not again interfere with the affairs of Kansas? meaning, I suppose, that if she abolished slavery, what guarantee there was that Congress would not force it upon her again. So far as we of the South are concerned, you have, at least, the guarantee of good faith that never has been violated. But what guarantee have we, when you have this Government in your possession, in all its departments, even if we submit quietly to what the Senator exhorts us to submit to—the limitation of slavery to its present territory, and even to the reconstruction of the Supreme Court—that you will not plunder us with tariffs; that you will not bankrupt us with internal improvements and bounties on your exports; that you will not cramp us with navigation laws, and other laws impeding the facilities of transportation to southern produce? What guarantee have we that you will not create a new bank, and concentrate all the finances of this country at the North, where already, for the want of direct trade and a proper system of banking in the South, they are ruinously concentrated? Nay, what guarantee have we that you will not emancipate our slaves, or, at least, make the attempt? We cannot rely on your faith when you have the power. It has been always broken whenever pledged. As I am disposed to see this question settled as soon as possible, and am perfectly willing to have a final and conclusive settlement now , after what the Senator from New York has said, I think it not improper that I should attempt to bring the North and South fact to face, and see what resources each of us might have in the contingency of separate organization. If we never acquire another foot of territory for the South, look at her. Eight hundred and fifty thousand square miles. As large as Great Britain, France, Austria, Prussia, and Spain. Is not that territory enough to make an empire that shall rule the world? With the finest soil, the most delightful climate, whose staple productions none of those great countries can grow, we have three thousand miles of continental shore line, so indented with bays and crowded with islands, that, when their shore lines are added, we have twelve thousand miles. Through the heart of our country runs the great Mississippi, the father of waters, into whose bosom are poured thirty-six thousand miles of tributary streams; and beyond we have the desert prairie wastes, to protect us in our rear. Can you hem in such a territory as that? You talk of putting up a wall of fire around eight hundred and fifty thousand square miles so situated! How absurd. But, in this territory lies the great valley of the Mississippi, now the real, and soon to be the acknowledged seat of the empire of the world. They sway of that valley will be as great as ever the Nile knew in the earlier ages of mankind. We own the most of it. The most valuable part of it belongs to us now; and although those who have settled above us are now opposed to us, another generation will tell a different tale. They are ours by all the laws of nature; slave-labor will go over every foot of this great valley where it will be found profitable to use it, and some of those who may not use it are soon to be united with us by such ties as will make us one and inseparable. The iron horse will soon be clattering over the sunny plains of the South to bear the products of its upper tributaries to our Atlantic ports, as it now does through the ice-bound North. There is the great Mississippi, a bond of union made by Nature herself. She will maintain it forever. On this fine territory we have a population four times as large as that with which these colonies separated from the mother country, and a hundred, I might say a thousand fold as strong. Our population is now sixty per cent. greater than that of the whole United States when we entered into the second war of independence. It is as large as the whole population of the United States was ten years after the conclusion of that war, and our exports are three times as great as those of the whole United States then. Upon our muster-rolls we have a million of men. In a defensive war, upon an emergency, every one of them would be available. At any time, the South can raise, equip, and maintain in the filed, a larger army than any Power of the earth can send against her, and an army of soldiers — men brought up on horseback, with guns in their hands. If we take the North, even when the two large States of Kansas and Minnesota shall be admitted, her territory will be one hundred thousand square miles less than ours. I do not speak of California and Oregon; there is no antagonism between the South and those countries, and never will be. The population of the North is fifty per cent. greater than ours. I have nothing to say in disparagement either of the soil of the North, or the people of the North, who are a brave, and energetic race, full of intellect. But they produce no great staple that the South does not produce; while we produce two or three, and those the very greatest, that she can never produce. As to her men, I may be allowed to say, they have never proved themselves to be superior to those of the South, either in the field of in the Senate. But the strength of a nation depends in a great measure upon its wealth, and the wealth of a nation, like that of a man, is to be estimated by its surplus production. You may go to your trashy census books, full of falsehood and nonsense — they tell you, for example, that in the State of Tennessee, the whole number of house-servants is not equal to one-half those in my own house, and such things as that. You may estimate what is made throughout the country from these census books, but it is no matter how much is made if it is all consumed. If a man is worth millions of dollars and consumes his income, is he rich? Is he competent to embark in any new enterprise? Can he build ships or railroads? And could a people in that condition build ships and roads or go to war? All the enterprises of peace and war depend upon the surplus productions of a people. They may be happy, they may comfortable, they may enjoy themselves in consuming what they make; but they are not rich, they are not strong. It appears, by going to the reports of the Secretary of the Treasury, which are authentic, that last year the United States exported in round numbers $279,000,000 worth of domestic produce, excluding gold and foreign merchandise re-exported. Of this amount $158,000,000 worth is the clear produce of the South; articles that are not and cannot be made at the North. There are then $80,000,000 worth of exports of products of the forest, provisions, and breadstuffs. If we assume that the South made out one-third of these, and I think that is a low calculation, our exports were $185,000,000, leaving to the North less than $95,000,000. In addition to this, we sent to the North $30,000,000 worth of cotton, which is not counted in the exports. We sent to her $7, or $8,000,000 worth of tobacco, which is not counted in the exports. We sent naval stores, lumber, rice, and many other minor articles. There is no doubt that we sent to the North $40,000,000 in addition; but suppose the amount to be $35,000,000, it will give us a surplus production of $222,000,000. But the recorded exports of the South now are greater than the whole exports of the United States in any year before 1856. They are greater than the whole average exports of the United States for the last twelve years including the two extraordinary years of 1856 and 1857. They are nearly double the amount of the average exports of the twelve preceding years. If I am right in my calculations as to $220,000,000 of surplus produce, there is not a nation on the face of the earth, with any numerous population, that can compete with us in produce per capita . It amounts to $16 66 per head, supposing that we have twelve million people. England with all her accumulated wealth, with her concentrated and educated energy, makes but sixteen-and-a-half dollars of surplus production per head. I have not made a calculation as to the North, with her $95,000,000 surplus; admitting that she exports as much as we do, with her eighteen millions of population it would be but little over twelve dollars a head. But she cannot export to us and abroad exceeding ten dollars a head against our sixteen dollars. I know well enough that the North sends to the South a vast amount of the productions of her industry. I take it for granted that she, at least, pays us in that way for the thirty or forty million dollars worth of cotton and other articles we send her. I am willing to admit that she sends us considerable more; but to bring her up to our amount of surplus production, to bring her up to $220,000,000 a year, the South must take from her $125,000,000; and this, in addition to our share of the consumption of the $333,000,000 worth introduced into the country from abroad, and paid for chiefly by our own exports. The thing is absurd; it is impossible; it can never appear anywhere but in a book of statistics. With an export of $220,000,000 under the present tariff, the South organized separately would have $40,000,000 of revenue. With one-fourth the present tariff she would have a revenue adequate to all her wants, for the South would never go to war; she would never need an army or a navy, beyond a few garrisons on the frontiers and a few revenue cutters. It is commerce that breeds war. It is manufactures that require to be hawked about the world, that give rise to navies and commerce. But we have nothing to do but to take off restrictions on foreign merchandise and open our ports, and the whole world will come to us to trade. They will be too glad to bring and carry for us, and we never shall dreams of a war. Why the South has never yet had a just cause of war. Every time she has drawn her sword it has been on the point of honor, and that point of honor has been mainly loyalty to her sister colonies and sister Sates, who have ever since plundered and calumniated her. But if there were not other reason why we should never have war, would any sane nation make war on cotton? Without firing a gun, without drawing a sword, should they make war on us we could bring the whole world to our feet. The South is perfectly competent to go on, one, two, or three years without planting a seed of cotton. I believe that if she was to plant but half her cotton, for three years to come, it would be an immense advantage to her. I am not so sure but that after three total years' abstinence she would come out stronger than ever she was before, and better prepared to enter afresh upon her great career of enterprise. What would happen if no cotton was furnished for three years? I will not stop to depict what every one can imagine, but this is certain: England would topple headlong and carry the whole civilized world with her, save the South. No, you dare not make war on cotton. No power on earth dares to make war upon it. Cotton is king. Until lately the Bank of England was king, but she tried to put her screws as usual, the fall before last, upon the cotton crop, and was utterly vanquished. The last power has been conquered. Who can doubt tat has looked at recent events, that cotton is supreme? When the abuse of credit had destroyed credit and annihilated confidence, when thousands of the strongest commercial houses in the world were coming down, and hundreds of millions of dollars of supposed property evaporating in thin air, when you came to a dead lock, and revolutions were threatened, what brought you up? Fortunately for you it was the commencement of the cotton season, and we have poured in upon you one million six hundred thousand bales of cotton just at the crisis to save you from destruction. That cotton, but for the bursting of your speculative bubbles in the North, which produced the whole of this convulsion, would have brought us $1,000,000,000. We have sold it for $65,000,000, and saved you. Thirty-five million dollars we, the slaveholders of the South, have put into the charity box for your magnificent financiers, your "cotton lords," your "merchant princes." But sir, the greatest strength of the South arises from the harmony of her political and social institutions. This harmony gives her a frame of society, the best in the world, and an extent of political freedom, combined with entire security, such as no other people ever enjoyed upon the face of the earth. Society precedes government; creates it, and ought to control it; but as far as we can look back in historical times we find the case different; for government is not sooner created than it becomes too strong for society, and shapes and moulds, as well as controls it. In later centuries the progress of civilization and of intelligence has made the divergence so great as to produce civil wars and revolutions; and it is nothing now but the want of harmony between governments and societies which occasions all the uneasiness and trouble and terror that we see abroad. It was this that brought on the American Revolution. We threw off a Government not adapted to our social system, and made one for ourselves. The question is how far have we succeeded: The South so far as that is concerned, is satisfied, harmonious, and prosperous. In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement. It constitutes the very mud-sill of society and of political government; and you might as well attempt to build a house in the air, as to build either the one or the other, except on this mud-sill. Fortunately for the South, she found a race adapted to that purpose to her hand. A race inferior to her own, but eminently qualified in temper, in vigor, in docility, in capacity to stand the climate, to answer all her purposes. We use them for our purpose, and call them slaves. We found them slaves by the "common consent of mankind," which, according to Cicero, lex naturae est. The highest proof of what is Nature's law. We are old-fashioned at the South yet; it is a word discarded now by "ears polite;" I will not characterize that class at the North with that term; but you have it; it is there; it is everywhere; it is eternal. The Senator from New York said yesterday that the whole world had abolished slavery. Aye, the name , but not the thing ; all the powers of the earth cannot abolish that. God only can do it when he repeals the fiat , "the poor ye always have with you;" for the man who lives by daily labor, and scarcely lives at that, and who has to put out his labor in the market, and take the best he can get for it; in short, your whole class of manual laborers and "operatives," as you call them, are essentially slaves. The difference between us is, that our slaves are hired for life and well compensated; there is no starvation, no begging, no want to employment among our people, and not too much employment either. Yours are hired by the day, not cared for, and scantily compensated, which may be proved in the most painful manner, at any hour in any street in any of your large towns. Why, you meet more beggars in one day, in any single street of the city of New York, when you would meet in a lifetime in the whole South. We do not think that whites should be slaves either by law or necessity. Our slaves are black, of another and inferior race. The status in which we have placed them is an elevation. They are elevated from the condition in which God first created them, by being made our slaves. None of that race on the whole face of the globe can be compared with the slaves of the South. They are happy, content, unaspiring, and utterly incapable, from the intellectual weakness, ever to give us any trouble by their aspirations. Yours are white, of your own race; you are brothers of one blood. They are your equals in natural endowment of intellect, and they feel galled by their degradation. Our slaves do not vote. We give them not political power. Yours do vote, and being the majority, they are the depositaries of all your political power. If they knew the tremendous secret, that the ballot-box is stronger than "an army with banners," and could combine, where would you be? Your society would be reconstructed, your government overthrown, your property divided, not as they have mistakenly attempted to initiate such proceedings by meeting in parks, with arms in their hands, but by the quiet process of the ballot-box. You have been making war upon us to our very hearthstones. How would you like for us to send lecturers and agitators North, to teach these people this, to aid in combining, and to lead them? Mr. WILSON and others. Send them along. Mr. HAMMOND. You say send them along. There is no need of that. Your people are awaking. They are coming here. They are thundering at our doors for homesteads, one hundred and sixty acres of land for nothing, and Southern Senators are supporting them. Nay, they are assembling, as I have said, with arms in their hands, and demanding work at $1,000 a year for six hours a day. Have you heard that the ghosts of Mendoza and Torquemada are stalking in the streets of your great cities? That the inquisition is at hand? There is afloat a fearful rumor that there have been consultations for Vigilance Committees. You know what that means. Transient and temporary causes have thus far been your preservation. The great West has been open to your surplus population, and your hordes of semi-barbarian immigrants, who are crowding in year by year. They make a great movement, and you call it progress. Whither? It is progress; but it is progress towards Vigilance Committees. The South have sustained you in a great measure. You are our factors. You bring and carry for us. One hundred and fifty million dollars of our money passes annually through your hands. Much of its sticks; all of it assists to keep your machinery together and in motion. Suppose we were to discharge you; suppose we were to take our business out of your hands; we should consign you to anarchy and poverty. You complain of the rule of the South; that has been another cause that has preserved you. We have kept the Government conservative to the great purposes of Government. We have placed her, and kept her, upon the Constitution; and that has been the cause of your peace and prosperity. The Senator from New York says that that is about to be at an end; that you intend to take the Government from us; that it will pass from our hands. Perhaps what he says is true; it may be; but do not forget — it can never be forgotten — it is written on the brightest page of human history — that we, the slaveholders of the South, took our country in her infancy, and, after ruling her for sixty out of the seventy years of her existence, we shall surrender her to you without a stain upon her honor, boundless in prosperity, incalculable in her strength, the wonder and the admiration of the world. Time will show what you will make of her; but no time can ever diminish our glory or your responsibility. Source: Congressional Globe , 35th Congress, 1st Session, Appendix, pages 68, 69, 70, and 71.
- Address of Certain Southern Members of Congress
WASHINGTON, Dec. 14, 1860. The argument is exhausted. All hope of relief in the Union through the agency of committees, Congressional legislation, or constitutional amendments is extinguished, and we trust the South will not be deceived by appearances or the pretense of new guarantees. In our judgment the Republicans are resolute in the purpose to grant nothing that will or ought to satisfy the South. We are satisfied the honor, safety, and independence of the Southern people require the organization of a Southern Confederacy—a result to be obtained only by separate State secession—that the primary object of each slave-holding State ought to be its speedy and absolute separation from a Union with hostile States. J. L. Pugh of Alabama. Burton Craige, of North Carolina. David Clopton of Alabama. Thomas Ruffin, of North Carolina. Sydenham Moore of Alabama. John Slidell, U. S. Senator, Louisiana. J. L. M. Curry of Alabama. J.P. Benjamin, U. S. Senator, Louisiana. J. A. Stallworth of Alabama. J. M. Landrum of Louisiana. J. W. H. Underwood, of Georgia. Louis T. Wigfall, U. S. Senator, Texas. L. J. Gartrell of Georgia. John Hemphill, U. S. Senator, Texas. James Jackson of Georgia. J. H. Reagan, of Texas. John J. Jones of Georgia. M. L. Bonham, of South Carolina. Martin J. Crawford of Georgia. Wm, Porcher Miles, of South Carolina. Alfred Iverson, U.S. Senator, Georgia. John McQueen, of South Carolina. George S. Hawkins of Florida. John D. Ashmore, of South Carolina. T. C. Hindman of Arkansas. Wm. Barksdale of Mississippi. Jefferson Davis, U. S. Senator, Mississippi. O. R. Singleton of Mississippi. A.G. Brown, U. S. Senator, Mississippi. Reuben Davis of Mississippi. Source: https://ia801409.us.archive.org/32/items/in.ernet.dli.2015.260338/2015.260338.Abraham-Lincoln.pdf
- The Address of the people of South Carolina, assembled in Convention, to the people of the Slaveholding States of the United States
The Address of the people of South Carolina, assembled in Convention, to the people of the Slaveholding States of the United States Approved by the Convention to be sent to the other slave-holding states on December 24, 1860 It is seventy-three years since the union between the United States was made by the Constitution of the United States. During this period their advance in wealth, prosperity, and power, has been with scarcely a parallel in the history of the world. The great object of their union was external defence from the aggressions of more powerful nations; now complete, from their more progress in power, thirty-one millions of people, with a commerce and navigation which explores every sea, and of agricultural productions which are necessary to every civilized people, command the friendship of the world. But, unfortunately, our internal peace has not grown with our external prosperity. Discontent and contention has moved in the bosom of the Confederacy for the last thirty-five years. During this time South Carolina has twice called her people together in solemn convention, to take into consideration the aggressions and unconstitutional wrongs perpetrated by the people of the North on the people of the South. These wrongs were submitted to by the people of the South, under the hope and expectation that they would be final. But these hopes and expectations have proved to be void. Instead of being incentives to forbearance, our submission has only instigated to new forms of aggressions and outrage, and South Carolina, again assembling her people in convention, has this day dissolved her connection with the States constituting the United States. The one great evil from which all other evils have flowed, is the overthrow of the Constitution of the United States. The Government of the United States is no longer the government of a confederate republic, but of a consolidated democracy. It is no longer a free government, but a despotism. It is, in fact, such a government as Great Britain attempted to set over our fathers, and which was resisted and defeated by a seven years struggle for independence. The revolution of 1776 turned upon one great principle, self-government, and self-taxation the criterion of self-government. Where the interests of two people united together under one Government are different, each must have the power to protect its interests by the organization of the Government, or they cannot be free. The interests of Great Britain and of the colonies were different and antagonistic. Great Britain was desirous of carrying out the policy of all nations toward their colonies of making them tributary to their wealth and power. She had vast and complicated relations with the whole world. Her policy toward her North American colonies was to identify them with her in all these complicated relations, and to make them bear, in common with the rest of the empire, the full burden of her obligations and necessities. She had a vast public debt; she had a European policy and an Asiatic policy, which had occasioned the accumulation of her public debt, and which kept her in continual wars. The North American colonies saw their interests, political and commercial, sacrificed by such a policy. Their interests required that they should not be identified with the burdens and wars of the mother country. They had been settled under charters which gave them self-government, at least so far as their property was concerned. They had taxed themselves, and had never been taxed by the Government of Great Britain. To make them a part of a consolidated empire the Parliament of Great Britain determined to assume the power of legislating for the colonies in all cases whatsoever. Our ancestors resisted the pretension. They refused to be a part of the consolidated Government of Great Britain. The Southern States now stand exactly in the same position toward the Northern States that our ancestors in the colonies did toward Great Britain. The Northern States, having the majority in Congress, claim the same power of omnipotence in legislation as the British Parliament. "The general welfare" is the only limit to the legislation of either; and the majority in Congress, as in the British Parliament, are the sole judges of the expediency of the legislation this "general welfare" requires. Thus the Government of the United States has become a consolidated Government, and the people of the Southern States are compelled to meet the very despotism their fathers threw off in the Revolution of 1776. The consolidation of the Government of Great Britain over the colonies was attempted to be carried out by the taxes. The British Parliament undertook to tax the colonies to promote British interests. Our fathers resisted this pretension. They claimed the right of self-taxation through their Colonial Legislatures. They were not represented in the British Parliament, and therefore could not rightfully be taxed by its Legislature. The British Government, however, offered them a representation in the British Parliament; but it was not sufficient to enable them to protect themselves from the majority, and they refused it. Between taxation without any representation, and taxation without a representation adequate to protection, there was no difference By neither would the colonies tax themselves. Hence they refused to pay the taxes paid by the British Parliament. The Southern States now stand in the same relation toward the Northern States, in the vital matter of taxation, that our ancestors stood toward the people of Great Britain. They are in a minority in Congress. Their representation in Congress is useless to protect them against unjust taxation, and they are taxed by the people of the North for their benefit exactly as the people of Great Britain taxed our ancestors in the British Parliament for their benefit. For the last forty years the taxes laid by the Congress of the United States have been laid with a view of subserving the interests of the North. The people of the South have been taxed by duties on imports not for revenue, but for an object inconsistent with revenue -- to promote, by prohibitions, Northern interests in the productions of their mines and manufactures. There is another evil in the condition of the Southern toward the Northern States, which our ancestors refused to bear toward Great Britain. Our ancestors not only taxed themselves, but all the taxes collected from them were expended among them. Had they submitted to the pretensions of the British Government, the taxes collected from them would have been expended on other parts of the British Empire. They were fully aware of the effect of such a policy in impoverishing the people from whom taxes are collected, and in enriching those who receive the benefit of their expenditure. To prevent the evils of such a policy was one of the motives which drove them on to revolution. Yet this British policy has been fully realized toward the Southern States by the Northern States. The people of the Southern States are not only taxed for the benefit of the Northern States, but after the taxes are collected three-fourths of them are expended at the North. This cause, with others connected with the operation of the General Government, has provincialized the cities of the South. Their growth is paralyzed, while they are the mere suburbs of Northern cities. The bases of the foreign commerce of the United States are the agricultural productions of the South; yet Southern cities do not carry it on. Our foreign trade is almost annihilated. In 1740 there were five shipyards in South Carolina to build ships to carry on our direct trade with Europe. Between 1740 and 1779 there were built in these yards twenty-five square-rigged vessels, beside a great number of sloops and schooners to carry on our coast and West India trade. In the half century immediately preceding the Revolution, from 1725 to 1775, the population of South Carolina increased seven-fold. No man can for a moment believe that our ancestors intended to establish over their posterity exactly the same sort of Government they had overthrown. The great object of the Constitution of the United States, in its internal operation, was, doubtless, to secure the great end of the Revolution -- a limited free Government -- a Government limited to those matters only which were general and common to all portions of the United States. All sectional or local interests were to be left to the States. By no other arrangement would they obtain free government by a Constitution common to so vast a Confederacy. Yet, by gradual and steady encroachments on the part of the North, and submission on the part of the South, the limitations in the Constitution have been swept away, and the Government of the United States has become consolidated, with a claim of limitless powers in its operations. It is not at all surprising, while such is the character of the Government of the United States, that it should assume to possess power over all the institutions of the country. The agitations on the subject of Slavery in the South are the natural results of the consolidation of the Government. Responsibility follows power; and if the people of the North have the power by Congress "to promote the general welfare of the United States," by any means they deem expedient, why should they not assail and overthrow the institution of Slavery in the South? They are responsible for its continuance or existence, in proportion to their power. A majority in Congress, according to their interested and perverted views, is omnipotent. The inducements to act upon the subject of Slavery, under such circumstances, were so imperious as to amount almost to a moral necessity. To make, however, their numerical power available to rule the Union, the North must consolidate their power. It would not be united on any matter common to the whole Union -- in other words, on any constitutional subject -- for on such subjects divisions are as likely to exist in the North as in the South. Slavery was strictly a sectional interest. If this could be made the criterion of parties at the North, the North could be united in its power, and thus carry out its measures of sectional ambition, encroachment, and aggrandizement. To build up their sectional predominance in the Union, the Constitution must be first abolished by constructions; but that being done, the consolidation of the North to rule the South, by the tariff and Slavery issues, was in the obvious course of things. The Constitution of the United States was an experiment. The experiment consisted in uniting under one Government different peoples, living in different climates, and having different pursuits of industry and institutions. It matters not how carefully the limitations of such a government are laid down in the constitution -- its success must at least depend upon the good faith of the parties to the constitutional compact in enforcing them. It is not in the power of human language to exclude false inferences, constructions, and perversions, in any constitution; and when vast sectional interests are to be subserved involving the appropriation of countless millions of money it has not been the usual experience of mankind that words on parchment can arrest power. The Constitution of the United States, irrespective of the interposition of the States, rested on the assumption that power would yield to faith -- that integrity would be stronger than interest, and that thus the limitations of the Constitution would be observed. The experiment has been fairly made. The Southern States, from the commencement of the Government, have striven to keep it within the orbit prescribed by the Constitution. The experiment has failed. The whole Constitution by the constructions of the Northern people, has been swallowed up by a few words in its preamble. In their reckless lust for power they seem unable to comprehend that seeming paradox, that the more power is given to the General Government the weaker it becomes. Its strength consists in its generality and limitations. To extend the scope of its power over sectional or local interests is to raise up against it opposition and resistance. In all such matters the General Government must necessarily be a despotism, because all sectional or local interests must ever be represented by a minority in the councils of the General Government -- having no power to protect itself against the rule of the majority. The majority, constituted from those who do not represent these sectional or local interests, will control and govern them. A free people cannot submit to such a Government; and the more it enlarges the sphere of its power the greater must be the dissatisfaction it must produce, and the weaker it must become. On the contrary, the more it abstains from usurped powers, and the more faithfully it adheres to the limitations of the Constitution, the stronger it is made. The Northern people have had neither the wisdom nor the faith to perceive that to observe the limitation of the Constitution was the only way to its perpetuity. Under such a Government there must, of course, be many and endless "irrepressible conflicts," between the two great sections of the Union. The same faithlessness which has abolished the Constitution of the United States, will not fail to carry out the sectional purposes for which it has been abolished. There must be conflict; and the weaker section of the Union can only find peace and liberty in an independence of the North. The repeated efforts made by South Carolina, in a wise conservatism, to arrest the progress of the General Government in its fatal progress to consolidation, have been unsupported and denounced as faithless to the obligations of the Constitution by the very men and States who were destroying it by their usurpations. It is now too late to reform or restore the Government of the United States. All confidence in the North is lost in the South. The faithlessness of half a century has opened a gulf of separation between them which no promises or engagements can fill. It cannot be believed that our ancestors would have assented to any union whatever with the people of the North if the feelings and opinions now existing among them had existed when the Constitution was framed. There was then no tariff -- no negro fanaticism. It was the delegates from New England who proposed in the Convention which framed the Constitution, to the delegates from South Carolina and Georgia, that if they would agree to give Congress the power of regulating commerce by a majority, that they would support the extension of the African slave-trade for twenty years. African Slavery existed in all the States but one. The idea that they would be made to pay that tribute to their Northern confederates which they had refused to pay to Great Britain, or that the institution of African Slavery would be made the grand basis of a sectional organization of the North to rule the South, never crossed their imaginations. The Union of the Constitution was a Union of slaveholding States. It rests on Slavery, by prescribing a representation in Congress for three-fifths of our slaves. There is nothing in the proceedings of the Convention which framed the Constitution to show that the Southern States would have formed any other union; and still less that they would have formed a union with more powerful non-slaveholding States, having a majority in both branches of the Legislature of the Government. They were guilty of no such folly. Time and the progress of things have totally altered the relations between the Northern and Southern States since the Union was first established. That identity of feeling, interests, and institutions which once existed is gone. They are now divided between agricultural and manufacturing and commercial States -- between slaveholding and non-slaveholding States. Their institutions and industrial pursuits have made them totally different peoples. That equality in the Government between the two sections of the Union which once existed, no longer exists. We but imitate the policy of our fathers in dissolving a union with non-slaveholding confederates, and seeking a confederation with slave-holding States. Experience has proved that slave-holding States can not be safe in subjection to non-slaveholding States. Indeed, no people ever expect to preserve their rights and liberties unless they are in their own custody. To plunder and oppress where plunder and oppression can be practiced with impunity, seems to be the natural order of things. The fairest portions of the world have been turned into wildernesses, and the most civilized and prosperous communities have been impoverished and ruined by Anti-Slavery fanaticism. The people of the North have not left us in doubt as to their designs and policy. United as a section in the late Presidential election, they have elected as the exponent of their policy one who has openly declared that all the States of the United States must be made Free States or Slave States. It is true that among those who aided in this election, there are various shades of Anti-Slavery hostility. But if African Slavery in the Southern States be the evil their political combinations affirm it to be, the requisitions of an inexorable logic must lead them to emancipation. If it is right to preclude or abolish Slavery in a territory, why should it be allowed to remain in the States? The one is not at all more unconstitutional than the other, according to the decisions of the Supreme Court of the United States. And when it is considered that the Northern States will soon have the power to make that Court what they please, and that the Constitution has never been any barrier whatever to their exercise of power, what check can there be in the unrestrained councils of the North to emancipation? There is sympathy in association, which carries men along without principle; but when there is principle, and that principle is fortified by long existing prejudices and feelings, association is omnipotent in party influences. In spite of all disclaimers and professions there can be but one end to the submission by the South to the rule of a sectional Anti-Slavery Government at Washington; and that end, directly or indirectly, must be the emancipation of the slaves of the South. The hypocrisy of thirty years -- the faithlessness of their whole course from the commencement of our union with them -- show that the people of the non-slaveholding North are not and cannot be safe associates of the slaveholding South under a common Government. Not only their fanaticism, but their erroneous views of the principles of free governments, render it doubtful whether, separated from the South, they can maintain a free Government among themselves. Brute numbers with them is the great element of free Government. A majority is infallible and omnipotent. "The right divine to rule in kings" is only transferred to their majority. The very object of all constitutions, in free, popular Governments, is to restrain the majority. Constitutions, therefore, according to their theory, must be most unrighteous inventions, restricting liberty. None ought to exist, but the body politic ought simply to have a political organization, to bring out and enforce the will of a majority. This theory may be harmless in a small community, having an identity of interests and pursuits, but over a vast State -- still more, over a vast Confederacy, having various and conflicting interests and pursuits -- it is a remorseless despotism. In resisting it, as applicable to ourselves, we are vindicating the great cause of free government, more important, perhaps, to the world than the existence of the United States. Nor in resisting it, do we intend to depart from the safe instrumentality the system of government we have established with them requires. In separating from them we invade no rights -- no interest of theirs. We violate no obligation of duty to them. As separate, independent States in Convention, we made the Constitution of the United States with them; and as separate, independent States, each State acting for itself, we adopted it. South Carolina, acting in her sovereign capacity now thinks proper to secede from the Union. She did not part with her sovereignty in adopting the Constitution. The last thing a State can be presumed to have surrendered is her sovereignty. Her sovereignty is her life. Nothing but a clear, express grant, can alienate it. Inference should be dumb. Yet it is not at all surprising that those who have construed away all the limitations of the Constitution, should also by construction claim the annihilation of the sovereignty of the States. Having abolished all barriers to their omnipotence by their faithless constructions in the operations of the General Government, it is most natural that they should endeavor to do the same toward us in the States. The truth is, they having violated the express provisions of the Constitution, it is at an end as a compact. It is morally obligatory only on those who choose to accept its perverted terms. South Carolina, deeming the compact not only violated in particular features, but virtually abolished by her Northern confederates, withdraws herself as a party from its obligations. The right to do so is denied by her Northern confederates. They desire to establish a despotism, not only omnipotent in Congress, but omnipotent over the States; and as if to manifest the imperious necessity of our secession, they threaten us with the sword, to coerce submission to their rule. Citizens of the slaveholding States of the United States, circumstances beyond our control have placed us in the van of the great controversy between the Northern and Southern States. We would have preferred that other States should have assumed the position we now occupy. Independent ourselves, we disclaim any design or desire to lead the councils of the other Southern States. Providence has cast our lot together, by extending over us an identity of pursuits, interests, and institutions. South Carolina desires no destiny separated from yours. To be one of a great slaveholding confederacy, stretching its arms over a territory larger than any Power in Europe possesses -- with population four times greater than that of the whole United States when they achieved their independence of the British Empire -- with productions which make our existence more important to the world than that of any other people inhabiting it -- with common institutions to defend, and common dangers to encounter -- we ask your sympathy and confederation. While constituting a portion of the United States, it has been your statesmanship which has guided it in its mighty strides to power and expansion. In the field, as in the Cabinet, you have led the way to its renown and grandeur. You have loved the Union, in whose service your great statesmen have labored, and your great soldiers have fought and conquered -- not for the material benefits it conferred, but with the faith of a generous and devoted chivalry. You have long lingered and hoped over the shattered remains of a broken Constitution. Compromise after compromise, formed by your concessions, has been trampled under foot by your Northern confederates. All fraternity of feeling between the North and the South is lost, or has been converted into hate; and we of the South are at last driven together by the stern destiny which controls the existence of nations. Your bitter experience of the faithlessness and rapacity of your Northern confederates may have been necessary to evolve those great principles of free government, upon which the liberties of the world depend, and to prepare you for the grand mission of vindicating and re- establishing them. We rejoice that other nations should be satisfied with their institutions. Self-complacency is a great element of happiness, with nations as with individuals. We are satisfied with ours. If they prefer a system of industry in which capital and labor are in perpetual conflict -- and chronic starvation keeps down the natural increase of population -- and a man is worked out in eight years -- and the law ordains that children shall be worked only ten hours a day -- and the sabre and bayonet are the instruments of order -- be it so. It is their affair, not ours. We prefer, however, our system of industry, by which labor and capital are identified in interest, and capital, therefore, protects labor; by which our population doubles every twenty years; by which starvation is unknown, and abundance crowns the land; by which order is preserved by unpaid police, and the most fertile regions of the world where the Caucasian cannot labor are brought into usefulness by the labor of the African, and the whole world is blessed by our own productions. All we demand of other peoples is to be let alone to work out our own high destinies. United together, and we must be the most independent, as we are the most important among the nations of the world. United together, and we require no other instrument to conquer peace than our beneficent productions. United together, and we must be a great, free and prosperous people, whose renown must spread throughout the civilized world, and pass down, we trust, to the remotest ages. We ask you to join us in forming a confederacy of Slaveholding States. Source: https://archive.org/details/addressofpeopleo00sout/mode/2up
- Joint Resolutions of the General Assembly of Alabama on Seceding After the Election
WHEREAS, anti-slavery agitation persistently continued in the non-slaveholding States of this Union, for more than a third of a century, marked at every stage of its progress by contempt for the obligations of law and the sanctity of compacts, evincing a deadly hostility to the rights and institutions of the Southern people, and a settled purpose to effect their overthrow even by subversion of the Constitution, and at the hazard of violence and bloodshed; and whereas, a sectional party calling itself Republican, committed alike by its own acts and antecedents, and the public avowals and secret machinations of its leaders to the execution of these atrocious designs, has acquired the ascendancy in nearly every Northern State, and hopes by success in the approaching Presidential election to seize the Government itself; and whereas, to permit such seizure by those whose unmistakable aim is to pervert its whole machinery to the destruction of a portion of its members would be an act of suicidal folly and madness, almost without a parallel in history; and whereas, the General Assembly of Alabama, representing a people loyally devoted to the Union of the Constitution, but scorning the Union which fanaticism would erect upon its ruins, deem it their solemn duty to provide in advance the means by which they may escape such peril and dishonor, and devise new securities for perpetuating the blessings of liberty to themselves and their posterity; therefore, 1. Be it resolved, That upon the happening of the contingency contemplated in the foregoing Preamble, namely, the election of a President advocating the principles and action of the party in the Northern States calling itself the Republican Party, it shall be the duty of the Governor, and he is hereby required, forthwith to issue his Proclamation, calling upon the qualified voters of this State to assemble on Monday not more than forty days after the date of said Proclamation, at the several places of voting in their respective counties, to elect delegates to a Convention of the State, to consider, determine and do whatever in the opinion of said Convention, the rights, interests, and honor of the State of Alabama requires to be done for their protection. 2. Be it further resolved, That said Convention shall assemble at the State Capitol on the second Monday following said election. 3. Be it further resolved, That it shall be the duty of the Governor as soon as possible to issue writs of election to the Sheriffs of the several counties, commanding them to hold an election on the said Monday so designated by the Governor, provided for in these Joint Resolutions, for the choosing of as many delegates from each county to said Convention as the several counties shall be entitled to members in the House of Representatives of the General Assembly; and said election shall be held at the usual places of voting in the respective counties, and the polls shall be opened under the rules and regulations now governing the election of members to the General Assembly of this State, and said election shall be governed in all respects by the laws then in existence, regulating the election of members of the House of Representatives of the General Assembly, and the persons elected thereat as delegates, shall be returned in like manner, and the pay, both mileage and per diem , of the delegates to said Convention, and the several officers thereof, shall be the same as that fixed by law for the members and officers of said House of Representatives. 5. Be it further resolved, That copies of the foregoing Preamble and Resolutions be forwarded by the Governor as soon as possible to our Senators and Representatives in Congress, and to each of the Governors of our sister States of the South. Source: The History and Debates of the Convention of the People of Alabama, William R. Smith (Montgomery, Ala: White, Pfister, & Co, 1861, pp. 9--10, available on the Internet Archive, here.
- Georgia's Secession Ordinance
We the people of the State of Georgia in Convention assembled do declare and ordain and it is hereby declared and ordained that the ordinance adopted by the State of Georgia in convention on the 2nd day of Jany. in the year of our Lord seventeen hundred and eighty-eight, whereby the constitution of the United States of America was assented to, ratified and adopted, and also all acts and parts of acts of the general assembly of this State, ratifying and adopting amendments to said constitution, are hereby repealed, rescinded and abrogated. We do further declare and ordain that the union now existing between the State of Georgia and other States under the name of the United States of America is hereby dissolved, and that the State of Georgia is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State. Passed January 19, 1861. Source: https://www.battlefields.org/learn/primary-sources/secession-acts-thirteen-confederate-states?utm_source=chatgpt.com
- The moment the election was won by Hayes
Source: https://www.govinfo.gov/content/pkg/GPO-CRECB-1877-pt3-v5/pdf/GPO-CRECB-1877-pt3-v5-8.pdf
- Captain Cochran's Deposition on the Raid of Fort William & Mary
Farley great Numbers assembled Every Side the fort and in an Instant the signal was given for storming. Whereupon I ordered the Men to fire. They instantly discharged the cannon & small Arms, but the Soldiers being in too much Haste, they had no Effect, there were upwards of five hundred Men to my best judgement scaled the Walls instantly & Others still coming forward, it became impossible to withstand such a Multitude. I placed myself against the wall and was preyed upon, but kept them off for a considerable Time with my firelock [musket] and bayonet while some more of them overpowered the soldiers and disarmed them; At last Thomas Pickering of Portsmouth, Mariner jumped from the wall on my shoulders and seized me by the throat calling me his prisoner, upon which disengaging Myself I knocked him down, but falling with him Myself. The Multitude seized upon Me, disarmed and made Me Prisoner, whereupon they gave three Huzzar or cheers and hauled down the King’s colours- then one man whom I did not know demanded the Keys of the Prisoner house, I replied they might well as ask for my Life for I would as soon part with the One as the other. I was then hurried into the House and a Guard was kept upon Me for about an hour and a half, the men that guarded me were – John Langdon, George Turner, Pierse Long, Benjamin Mackay, Robert Parker, Daniel Jackson, Richard Champney, John Dennet, all of Portsmouth, and some More I did not know. During my confinement this Guard, the Powder Magazine was broke open and about one hundred Barrels of Powder were carried away leaving only the barrel behind After which they released Me from my confinement, telling me I was at Liberty. I designed to go & take care of the Powder they had left, And they all immediately dispersed, the Deponent also testifies that besides the names already mentioned, he also knew among the multitude at the Castle at that time of taking away the Powder, Nathaniel Dennet, Stephen Mead, Andrew Clark, Mariner, WiIliam Furnell, George Dame, John Palmer, Thomas Pillon & Joseph Ayres, Shoemaker, John Turnald Coppersmith, Benjamin Chadbourn, blacksmith, John Billingham Senior, all of Portsmouth and Stephen Chase of Newcastle, And further saith not. 29 th December 1774 John Cochran Source: https://www.nationalarchives.gov.uk/education/resources/american-revolution/american-revolution-source-2b/
- "What are you doing for Preparedness"
Source: https://www.loc.gov/resource/ds.09925/
- Woodrow Wilson's "14 Points" Speech to Congress
Transcript of President Woodrow Wilson's 14 Points Speech to Congress It will be our wish and purpose that the processes of peace, when they are begun, shall be absolutely open and that they shall involve and permit henceforth no secret understandings of any kind. The day of conquest and aggrandizement is gone by; so is also the day of secret covenants entered into in the interest of particular governments and likely at some unlooked-for moment to upset the peace of the world. It is this happy fact, now clear to the view of every public man whose thoughts do not still linger in an age that is dead and gone, which makes it possible for every nation whose purposes are consistent with justice and the peace of the world to avow now or at any other time the objects it has in view. We entered this war because violations of right had occurred which touched us to the quick and made the life of our own people impossible unless they were corrected and the world secure once for all against their recurrence. What we demand in this war, therefore, is nothing peculiar to ourselves. It is that the world be made fit and safe to live in; and particularly that it be made safe for every peace-loving nation which, like our own, wishes to live its own life, determine its own institutions, be assured of justice and fair dealing by the other peoples of the world as against force and selfish aggression. All the peoples of the world are in effect partners in this interest, and for our own part we see very clearly that unless justice be done to others it will not be done to us. The programme of the world's peace, therefore, is our programme; and that programme, the only possible programme, as we see it, is this: I. Open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind but diplomacy shall proceed always frankly and in the public view. II. Absolute freedom of navigation upon the seas, outside territorial waters, alike in peace and in war, except as the seas may be closed in whole or in part by international action for the enforcement of international covenants. III. The removal, so far as possible, of all economic barriers and the establishment of an equality of trade conditions among all the nations consenting to the peace and associating themselves for its maintenance. IV. Adequate guarantees given and taken that national armaments will be reduced to the lowest point consistent with domestic safety. V. A free, open-minded, and absolutely impartial adjustment of all colonial claims, based upon a strict observance of the principle that in determining all such questions of sovereignty the interests of the populations concerned must have equal weight with the equitable claims of the government whose title is to be determined. VI. The evacuation of all Russian territory and such a settlement of all questions affecting Russia as will secure the best and freest cooperation of the other nations of the world in obtaining for her an unhampered and unembarrassed opportunity for the independent determination of her own political development and national policy and assure her of a sincere welcome into the society of free nations under institutions of her own choosing; and, more than a welcome, assistance also of every kind that she may need and may herself desire. The treatment accorded Russia by her sister nations in the months to come will be the acid test of their good will, of their comprehension of her needs as distinguished from their own interests, and of their intelligent and unselfish sympathy. VII. Belgium, the whole world will agree, must be evacuated and restored, without any attempt to limit the sovereignty which she enjoys in common with all other free nations. No other single act will serve as this will serve to restore confidence among the nations in the laws which they have themselves set and determined for the government of their relations with one another. Without this healing act the whole structure and validity of international law is forever impaired. VIII. All French territory should be freed and the invaded portions restored, and the wrong done to France by Prussia in 1871 in the matter of Alsace-Lorraine, which has unsettled the peace of the world for nearly fifty years, should be righted, in order that peace may once more be made secure in the interest of all. IX. A readjustment of the frontiers of Italy should be effected along clearly recognizable lines of nationality. X. The peoples of Austria-Hungary, whose place among the nations we wish to see safeguarded and assured, should be accorded the freest opportunity to autonomous development. XI. Rumania, Serbia, and Montenegro should be evacuated; occupied territories restored; Serbia accorded free and secure access to the sea; and the relations of the several Balkan states to one another determined by friendly counsel along historically established lines of allegiance and nationality; and international guarantees of the political and economic independence and territorial integrity of the several Balkan states should be entered into. XII. The turkish portion of the present Ottoman Empire should be assured a secure sovereignty, but the other nationalities which are now under Turkish rule should be assured an undoubted security of life and an absolutely unmolested opportunity of autonomous development, and the Dardanelles should be permanently opened as a free passage to the ships and commerce of all nations under international guarantees. XIII. An independent Polish state should be erected which should include the territories inhabited by indisputably Polish populations, which should be assured a free and secure access to the sea, and whose political and economic independence and territorial integrity should be guaranteed by international covenant. XIV. A general association of nations must be formed under specific covenants for the purpose of affording mutual guarantees of political independence and territorial integrity to great and small states alike. In regard to these essential rectifications of wrong and assertions of right we feel ourselves to be intimate partners of all the governments and peoples associated together against the Imperialists. We cannot be separated in interest or divided in purpose. We stand together until the end. For such arrangements and covenants we are willing to fight and to continue to fight until they are achieved; but only because we wish the right to prevail and desire a just and stable peace such as can be secured only by removing the chief provocations to war, which this programme does remove. We have no jealousy of German greatness, and there is nothing in this programme that impairs it. We grudge her no achievement or distinction of learning or of pacific enterprise such as have made her record very bright and very enviable. We do not wish to injure her or to block in any way her legitimate influence or power. We do not wish to fight her either with arms or with hostile arrangements of trade if she is willing to associate herself with us and the other peace- loving nations of the world in covenants of justice and law and fair dealing. We wish her only to accept a place of equality among the peoples of the world, -- the new world in which we now live, -- instead of a place of mastery. Transcription courtesy of the Avalon Project at Yale Law School.







