Showing posts with label Congress. Show all posts
Showing posts with label Congress. Show all posts

Sunday, March 2, 2025

Speech of Congressman Albert G. Brown, November 2, 1850

DELIVERED AT ELLWOOD SPRINGS, NEAR PORT GIBSON, MISS., NOVEMBER 2, 1850.

FELLOW-CITIZENS: I shall speak to you to-day, not as Whigs, not as Democrats, but as citizens of a common country having a common interest and a common destiny.

The events of the last ten months have precipitated a crisis in our public affairs which many of the wisest and sagest among us have fondly hoped was yet distant many long years.

It is not my purpose to enter upon a critical review of the late most extraordinary conduct of the President and of Congress. I am not at liberty to suppose, that a people whose dearest rights have been the object of attack for ten months and more, have failed to keep themselves informed of the more prominent events as they have transpired. We ought, to-day, to inquire what is to be done in the future, rather than what has been done in the past.

I confess my inability to counsel a great people as to the best mode of proceeding in an emergency like the present. Instead of imparting advice to others, I feel myself greatly in need of instruction. But, I will not on this account refuse to contribute an expression of my own best reflections, when, as in this instance, I am called upon to do so.

To the end that you may clearly understand my conclusions, it will be necessary for me to present a brief summary of the events which have brought us to our present perilous condition. To go no further back than the last year, we shall find that in Mississippi, at least, the great body of the people were aroused to a sense of the impending danger. At a meeting assembled in the town of Jackson early in the last year, both Whigs and Democrats united in an address to the country, giving assurance that the time had come for action.

Gentlemen of high character, of great popularity, and merited influence, headed this meeting; a convention of the state was recommended, and every indication was given to the country that, in the judgment of these gentlemen, the time had actually come for bold and decisive action. This movement was seconded in almost every county in the state; and wherever the people assembled, delegates were appointed to a general state convention; and in every instance, so far as I am informed, these delegates were chosen from the two great political parties, one-half Whigs and the other half Democrats. The contemplated convention assembled at Jackson, in October, and recommended a convention of the Southern States, to assemble at Nashville, at some future day, to be agreed upon among the states. The Mississippi movement was responded to with great unanimity in several of our sister states—in Virginia, South Carolina, Georgia, Alabama, and Florida. There seemed to be for a time, a very general and united sentiment in favor of the proposed convention at Nashville. The scheme was not without warm and influential friends in North Carolina, Tennessee, Arkansas, Louisiana and Texas. The other slaveholding states, to wit, Maryland, Kentucky, and Missouri, gave little or no indication of a disposition to favor it. Early in the autumn of 1849 some of the first friends of the southern movement began to falter; and, as time advanced, they continued to recede from their bold stand in defence of the South. The secret influences which were at work to produce these unhappy results, will be found, I apprehend, elsewhere than in the places now pointed out. We are now told by some, that they discovered a better state of feeling at the North toward the South. Others pretend to have been convinced that the movement was premature, and calculated to embarrass the action of Congress; whilst a much more numerous, and a much more dishonest class, pretend to have discovered that this convention was to be nothing less than an assemblage of conspirators, treasonably bent on the destruction of the Union.

Whilst all this was going on, the sagacious politician and the man of thought did not fail to see the true reasons for all this infidelity to a once cherished and favorite measure. The truth was, that ambitious and aspiring politicians had discovered that the southern movement was distasteful to General Taylor, General Cass, and other distinguished gentlemen, then high in the confidence of their respective party friends. The movements in California began to develope the true policy of General Taylor, and the "Nicholson Letter" had received a new reading from General Cass. It became apparent that the South must be sacrificed, or party leaders repudiated, and party ties obliterated, and politicians had begun to take sides accordingly, when Congress assembled in December. Up to this time, however, there remained enough of southern influence to keep a powerful phalanx of southern men closely allied for common defence. The effort to organize the House of Representatives, made it manifest, that the South meant something more than an idle bravado in the course she had taken. For almost an entire month, the first successful step in the election of a Speaker had not been taken; and at last, when Mr. Cobb was chosen, it was by a plurality, and not, as usual, by a majority of the votes given. At this time, there was manifested the most determined spirit in defence of the rights of the South. Still, the close observer could not fail to see that the insidious spirit of party was busy at work.

President Taylor transmitted his annual message to Congress, and General Cass treated us to another reading of the "Nicholson Letter."

The President's message did not lift the curtain high enough to exhibit all that had been done in California. He gave us a bird's eye view, and told us to go it blind for the balance. He intimated that he had very little to do with the proceedings in California; yet he presented a paper which he denominated the constitution of California; and in two several communications, he pressed the consideration of that paper upon Congress, and he earnestly recommended the admission of the state of California into the Union at an early day.

These proceedings, and these earnest recommendations, could not fail to elicit a searching investigation on the part of southern members. It became a matter of interesting inquiry, as to who made the pretended constitution; how the people came to be assembled for that purpose; who appointed the time for holding the elections; who decided on the qualification of voters; who decided that California had the requisite population to entitle her to one or more representatives in Congress, without which she could not be a state. It was known that Congress had never so much as taken legal possession of the country, and it became a subject of anxious inquiry to know who it was that had kindly performed all the functions usually devolved on Congress; who it was that, in aid of the legislative power of the country, had taken the census to ascertain the population; had passed upon the qualification of voters; had appointed the time, place, and manner of holding elections; who it was, in short, that had done all that had usually been required preparatory to the admission of a new state into the Union.

It was seen at once that no census had been taken; and although the Constitution required that the representatives should be apportioned among the states according to population, no steps had been taken to ascertain whether California had the requisite population to entitle her to one member, whereas she was claiming two. It was seen that the time, place, and manner of holding the elections, had all been arranged by a military commander, notwithstanding the Constitution required that this should be done by law. It was seen, and admitted on all hands, that California was asking admission on terms wholly and entirely different from those on which other states had made similar applications. Gentlemen favoring her admission, were wont to answer our objections with a shrug of the shoulders, and a lamb-like declaration that "there had been some irregularity." Irregularities, fellow-citizens! Shall conduct like this, pass with that simple and mild expression that it was "irregular?" Was it nothing more than irregular to dispense entirely with taking a census? Was it only a little irregular to permit everybody to vote-white, black, and red; citizens, strangers, and foreigners? Was it simply irregular for General Riley, by a military proclamation, to decide the time, place, and manner of holding the elections? Was it, I ask you, fellow-citizens, nothing more than an irregular proceeding, for a military commander to dispense entirely with the authority of Congress, the law-making power, and of his own will to set up a government hostile to the interests and rights of the Southern States of this Union? If the rights and interests of all the states had been respected, and all had concurred in the opinion that the proceeding had only been a little irregular, it might have been passed over with a mental protest against a recurrence of its like in future.

But when it is seen that these "irregularities" amount to a positive outrage upon fourteen states of the Union, an outrage against which these states earnestly protested, it becomes us to inquire more seriously into the causes which led to their perpetration, and to take such decisive measures as shall protect us against like "irregularities" in future. Does any man doubt that slavery prohibition lay at the bottom of all the "irregularities" in California?

Does not every one know, that but for the question of slavery, these unprecedented outrages would never have been perpetrated? Is there a gentleman outside of a lunatic asylum who does not know that if California had framed a pro-slavery instead of an anti-slavery constitution, her application for admission into the Union would have been instantaneously rejected? And yet, in view of all these and a thousand other pregnant facts, we are expected to content ourselves with a simple declaration that "the proceeding was a little irregular, but it was the best that could be done." What, fellow-citizens, does this whole matter amount to, as it now presents itself? The southern people joined heart and hand in the acquisition of territory-shed their blood-laid down their lives-expended their treasure in making the acquisition, and forthwith the federal authority was employed to exclude them from all participation in the common gain. The threat was uttered, and kept constantly hanging over them, that if they dared enter those territories with their slave property, it would be taken from them. Thus were they intimidated and kept out of the country; no slave-owner would start to California with his slave property, when Congress was day by day threatening to emancipate his negroes, if he dared to introduce them into that country. Not content with thus intimidating southern property, the federal power was employed in instigating an unauthorized people to do that which the Congress of the United States had not the power to do, to wit, to pass the "Wilmot proviso."

It is well known that the California constitution contains the "Wilmot proviso" in terms. It is equally well know that this proviso has been sanctioned by Congress, and that the sanction of Congress imparts to it its only vitality. Without that sanction, it is a nullity, a dead letter, an absolute nought. Who, then, is responsible for it but Congress-the Congress which gave to it its sanction, and thereby imparted to it vitality, and moved it into action? Congress, we are told, could not, and dared not pass the proviso; but the people of California could propose it, and Congress could sanction it, and thereby give it existence. The people of Ohio, Pennsylvania, New York, and other states, might ask Congress to pass the "Wilmot proviso," but Congress dare not do it, because there was no power under the Constitution to authorize it; but if the people of California asked it, then it was a very different question-then Congress had all the constitutional power which the case required. Let the truth be told. The Wilmot proviso was an old question; it had been discussed-its enormity had been exposed, and the mind of the South was firmly and fixedly made up not to submit to its passage. It was necessary, therefore, to take this new track, and before the South could recover from her surprise, pass the odious proviso, and then present the naked issue of a humiliating submission on the one side, or disunion on the other.

Who, fellow-citizens, were these people of California, whose voice has been so potential in the work of your exclusion, your humiliation, and your disgrace? — were they American citizens? No, sir, no! they were adventurers from all parts of the world. In this blood-bought country may have been found the Sandwich Islander, the Chinese, the European of every kingdom and country. That there were many American citizens in the country, is most true; but the whole were mixed up together, and all voted in the work of your exclusion. How humiliating to a Southron, to see his own government thus taking sides against him, and standing guard, while foreign adventurers vote to take from him his rights, and then to see that government seizing hold of such a vote and holding it up as a justification of the final act of his ignominious exclusion. Can any true son of the once proud and noble South witness these things without a blush? Does patriotism require us to hug these outrages to our bosom? Must we forget our natural interests, and kiss the hand that inflicts these cruel blows? Have we sunk so low that we dare not complain of wrongs like these, lest the cry of disunion shall be rung in our ears?

It would have been some consolation to know that the framers of this California constitution meant to live under it themselves. Even this little boon is denied us. We all know that the men who have gone to California are mere sojourners there; they mean to stay a little while, and then return to their homes in other parts of the world. Hundreds and thousands have already left the country, and others will follow their example. Not one-half of the persons who aided in the formation of the so-called constitution of California are there now; and in a year or two more the population will have undergone an entire revolution.

We have heard that there were many hundred thousand people in California. The number in the country at the time the constitution was framed has been estimated at two hundred thousand or more, and this has been constantly urged in excuse for their assumption of the right to make a constitution and set up an independent state government.

When asked by what authority a few interlopers from abroad undertook to snatch from the rightful owners the rich gold mines on the Pacific, and to appropriate to free soil all that vast territory lying between the thirty-second and forty-second degrees of north latitude-embracing an area larger than the states of Louisiana, Mississippi, Tennessee, and Alabama-we have been told they were a great and growing people; that there were a quarter of a million of inhabitants in the country, and hundreds of thousands on their way there. Let us examine the truth of these bold assertions. If there is any country on earth where there are no women and children, where the whole population consists of full-grown men, that country is California. We all know that the emigration has been confined to the adult male population, who have gone on a visit of observation, leaving their families and friends behind, and intending to return. We all know that in the matter of voting there was no restriction; every male inhabitant over the age of twenty-one years was allowed to vote, and on the important question of adopting a state constitution, the poll-books showed less than thirteen thousand voters. If there was a quarter of a million of people in the country, how shall we account for this meagre vote? The fact is, this is but another link in the great chain of deception and fraud by which we have been denied our rights n the country-by which we and our posterity have been cheated out of the most valuable property on earth-by which we have been reduced to the sad alternative of submitting to the most humiliating deprivation of our rights, or driven to a severance of the bonds which unite us to the North.

If the gross injustice, the deep injury and wrong which we are called upon to suffer, had ceased with the consummation of this California fraud, we might have bent our heads in humiliation and in sorrow, and, without daring to complain of the tyranny of our oppressors, have borne it in silence. But it did not stop here. The cup of our degradation was not quite full to overflowing; and it was determined to wrest from the slaveholding state of Texas, one-third of her rightful territory. In the perpetration of this fraud the North had two powerful allies, and both, I am pained to say, furnished by the South. One was the ten millions of dollars taken from a common treasury, and the other the vote of one-half the southern delegation in Congress.

I hold in my hand a map of Texas. It speaks more eloquently in defence of Texas than the ablest orator has ever yet spoken. Here on this map is the boundary of Texas, as marked first by her sword, and then made legible by the act of her Legislature in December, 1836. See, it extends from the mouth of the Rio Grande to the source of that river, and it reaches to the forty-second degree of north latitude. Here, too, is marked on this map the "Clay compromise line," and the" line of adjustment," as laid down in the final act of dismemberment, commonly known as Pearce's bill. Keep these lines in your memory, fellow citizens, while we recur for one moment to the history of the reannexation of Texas to the United States.

What is that history? I need not relate the whole of it. I need not say how like an ardent lover we wooed and won this fair daughter of the Saxon blood. Texas was young, blooming, and independent; we wooed her as the lover wooes his mistress. She fell into our arms, and with rapturous hearts we took her for better or for worse. Fathers Clay and Van Buren forbade the bans; but the people cried, with a loud voice, "Let the marriage go on." It did go on; Texas merged her separate independence into that of the United States, and here in my hands is the marriage contract. Here is the treaty, here the resolution of annexation. It will be seen that we took her just as she was just as she presented herself. We took that Texas which lay east of the Rio Grande, and all along that river from its mouth to its source, and south of the 42d parallel of latitude north. We took the Texas which was defined by the act of December, 1836; we took the Texas marked on this map. I hold it up before you. It is a portrait of the fair damsel as she was, before her limbs were amputated by the northern doctors, aided by surgeons Clay, Pearce, Foote, and others from the South.

Turn to the resolutions of annexation. I hold them here; without pausing to read them, I will state what no man can deny. They expressly stipulate, that all that part of Texas lying south of the parallel of 36 degrees and 30 minutes north latitude, shall remain slave territory; and all north shall be free territory after its admission into the Union as states. With this written agreement between the high contracting parties, how can any man come forward and say that Texas never extended to the parallel of 361 degrees? How dare any man pretend that Texas did not extend north of that line and up to 42 degrees? I will not insult your understanding by debating so palpable a proposition before you. It is as clear as the sun in yonder heavens, that at the period of annexation, the whole country supposed we were acquiring all the territory east of the Rio Grande, and up to 42 degrees. The only party on earth who expressed a doubt on this point was Mexico, and for acting on her expressed doubts, we went to war with her, all parties in this country at least uniting in the war; and when we had whipped her, and obtained not only her recognition of the Texas boundary, but a cession of New Mexico and California, into the bargain, what do we hear? Why, that Texas never owned one foot of territory north of 36 degrees. Though we agreed that all of Texas south of 364 should be slave territory, and all north of that line free territory, we are told that, in truth and in fact, Texas only extended to some undetermined point between 32 and 34 degrees of latitude north. Why do men thus stultify themselves? Why do men speak and attempt to reason for the purpose of throwing a cloud over the title of Texas to this territory? Need I tell you, fellow-citizens, that slavery! slavery!! slavery!!! and nothing but slavery, is at the bottom of all this business.

Take the question of domestic slavery out of the way, and this whole dispute about the true boundary of Texas could and would have been settled in nine hours, and in a manner most satisfactory to all parties. It was precisely because Texas was a slaveholding state, and her soil slave soil, beyond all cavil or dispute, that it was found important by the North to cut these ninety-three thousand sections off and attach them to New Mexico. As a part of Texas it was secure to the South; as a part of New Mexico, the North had the power and the will to make it free soil. If Texas and New Mexico had both been free, or both slave states, there would have been little or no dispute about the true boundary between them. Texas is, and must ever remain, a slaveholding state; New Mexico, if not already free soil, is under the dominion of northern power, and will be made so in due season. In these facts will be found the only reason for the nine months' struggle in Congress on the question of boundary. The northern mind is fully made up that no more slave states shall be added to the Union. This is more distinctly announced than any other article in their political creed. We all know this. And let me ask you, fellow-citizens, if there is one man among you all, who supposes that northern politicians, resolved as they all are to limit the slave states to their present number, would be so ridiculously silly as to cut off ninety-three thousand square miles of slaveholding Texas for the purpose of making of it one or two additional slave states? The North has the power to do as she pleases, and no man in this country doubts that she will please to make free territory of these ninety-three thousand square miles which she has wrested from Texas, with the aid of ten millions of dollars and a large number of southern votes.

I shall never forget the hour when this measure of gross iniquity to the South passed the House of Representatives. On Wednesday we defeated it by forty-four majority; on Thursday we defeated it again by eight majority; on Friday they carried it over us by ten votes; and when the result was announced, there went up from the lobbies, from the galleries, and from the floor of the Hall of Representatives, one long, loud, wild, maniac yell of unbridled rejoicing-the South was prostrate, and Free Soil rejoiced. The South was degraded, fallen, and her enemies rioted. Ten millions of dollars had been flung to the hungry pack who hang like wolves around the treasury, and there was frantic joy in all their hearts and upon all their tongues. They assembled on the banks of the Potomac, and in utter defiance of every decent regard for the father of his country-they assembled under the very shade of the Washington monument and there fired a hundred guns. Thus did they, in manifestation of their wild rejoicing over the prostrate South, and their own clutching of the ten millions of dollars. Nor did they pause here, but with drums beating, fifes blowing, and banners streaming, they paraded the streets of Washington. They called out Mr. Clay, and he spoke to them; they called out Mr. Cobb, Mr. Douglas, Mr. Foote, and I know not who else, and they all spoke to them. It was a night of riot and revelry. The foul deed had been done, and when there should have been sorrow and mourning, there was ecstasy and the wild notes of untamed rejoicing.

I left the street, filled as it was with this motley crew of free negroes and half-clad boys, bankers, brokers, barbers and beggars, northern Free Soilers and southern patriots-ay, southern patriots-patriots whose affections had out-grown their country, and who had taken "all the world and the rest of mankind" into their tender keeping-I left it and them, and retired to my private chamber, there to brood over the sorrows of my stricken and fallen country. But I was not long left to myself and the sorrows of my country. We were summoned to yet another sacrifice. The South no longer had the power of resistance, and a generous foe would not have stricken her again. But the northern wolf had tasted blood. The southern shepherd was unfaithful to his flock, and another lamb was taken.

The slave trade in the District of Columbia was abolished. It was by this name they called the deed. It was more than this. It was an act to punish the intentions of masters and to emancipate their slaves. The bill declares that if slaves are brought to the District of Columbia for the purpose of being sold in said district, or anywhere else, they shall be free. The law does not punish the act of selling or offering to sell, but it punishes the intention to sell; and how, pray? Not by fining the master, or by sending him to prison, but by emancipating his slave. How this law is to operate in practice, I need not say. It is to all intents and purposes an act of abolition. Under it, men's intentions will be judged of by swift juries, by abolition juries, and their slaves set at liberty. Does any man doubt that abolition juries will be found in the District of Columbia, and in the city of Washington? There are in the district sixteen thousand free negroes, and twenty-three hundred slaves. Slavery is wearing out there, and to-day, fellow-citizens, I would as soon risk a New York or Philadelphia jury on a question involving slavery, as a Washington City jury. The people there are growing more and more hostile to this species of property every day, and I pity the master who has his intentions tried before a jury taken from among them.

These, fellow-citizens, are the healing measures-the measures of peace. This the vaunted adjustment of which so much has been said, and for the passage of which the cannon has been fired, the drums beat, fifes blown, banners displayed, and all the evidences of national rejoicing exhibited.

I cannot believe in the sincerity of these singular demonstrations. I cannot think that our ignominious exclusion from California affords

cause for joy. I cannot believe that the bill to punish a master's intention, by emancipating his slave, has sent joy to southern hearts. I do not believe that the dismemberment of Texas has filled the South with rejoicing. Men make up their minds to submit to wrong, and pride induces them to put the best possible face upon it. Men whose hearts are wrung with agony, will smile, because they are too proud to weep. Men, like boys, may whistle to keep their courage up. But when causes like these exist for mourning, it is useless to tell me that men with southern hearts rejoice-the thing is impossible.

I am told that Texas has not been dismembered. That in the kindest spirit, the United States has proposed to pay her ten millions of dollars, to relinquish her claim to the territory which has been annexed to New Mexico. Let us examine the sincerity of this statement. The United States, speaking through the Executive, and through Congress, says to Texas: We want this country, and we mean to have it; you are weak, and we are strong. Give up the country quietly, and we will pay you ten millions of dollars; refuse, and here is the army, the navy, and the militia." Look at the power of the United States; look at the threat of the President to reduce Texas to submission. Look at the conduct of southern senators and representatives. Look at all this, and then turn your eyes towards Texas; see her feeble and weak, without money, without arms; in debt, and without credit; and tell me if it is left to her free choice to determine whether she will accept or reject this proposition? The overgrown bully approaches a weak and feeble man, without friends and without the means of defence, and says, "I want your land; give it up quietly, and I will pay you for it, and if you refuse, bear in mind, I am stronger than you, and here are my guns, here my daggers, and there my armed servants to do my bidding. Choose what you will do." Will not every man's sense of justice revolt at conduct like this? Is the man thus treated, a free agent? In thus taking his property, has not an outrageous wrong, a positive robbery, been perpetrated? I leave it to the good sense of this audience to give the answer.

But we are told that Texas is to be liberally paid, and therefore, if she accepts the proposition and gives up the land, we have no just cause of complaint. I do not know what sum of money would be liberal compensation to a sovereign state for being despoiled of one-third of her territory. For myself, I would not consent to sell the poorest county in Mississippi to the Free-Soil party for all the gold on this side of the Atlantic. But when I hear of the liberality of this proposition, it leads me to inquire who pays the money. We can all afford to be liberal at the expense of other people. Do the Free-Soilers pay this ten millions of dollars? Not at all; they get the land, that's clear, and that we pay the greater part of the money is equally clear. The money is to be paid from the national treasury. I am not about to launch into any discussion of the finances, but I want to show who it is that must pay this ten millions of dollars to Texas. We derive our national revenue chiefly from a duty levied on goods imported into the country. Now, it will not be denied that these imports are nothing else than the proceeds of the exports. It is perfectly clear that if we cut off the exports, we suspend the imports. If we have nothing to sell, we shall have nothing to buy with, and consequently imports must cease; and if imports cease, revenue will cease. We shall export this year, in cotton alone, near one hundred millions of dollars in value; this will form the basis of one hundred millions of dollars in goods imported.

If the government levies a duty of thirty-five per cent. on these, her revenue from this source alone will be thirty-five millions of dollars. Now, suppose we abstract this cotton from the exports, do we not see that we cut off the imports to a like extent, and in cutting off the imports that we likewise cut off the revenue? But seeing all this, says one, I do not yet perceive that you have shown how it is that the cotton grower pays the revenue. Go with me, if you please, a little further. Suppose my friend who sits before me, and who raises five hundred bales of cotton, shall ship that cotton, and himself dispose of it in Liverpool for twenty-five thousand dollars. Suppose he invests the money in merchandise and lands it in New Orleans. The government charges him a duty of thirty-five per cent. for the privilege of landing his goods. Now answer me this question, would it have been any worse for my friend to have been charged thirty-five per cent. on the value of his cotton as he went out, with the privilege of bringing back his goods free of duty, than it would be to let him take his cotton free of charge and tax him thirty-five per cent. duty on the return cargo? For myself, I cannot see that it would make the least difference whether he paid as he went out, or as he came in. But I am told the planter does not bring back the proceeds of his cotton. He sells it, and the importing merchant brings back the proceeds and pays the duty. Let it be borne in mind that every man who handles the cotton, from the moment it leaves the planter until it comes back in the form of merchandise, handles it on speculation; and I should like to know which one of these speculators it is that loses the thirty-five per cent. which the government collects. The treasury receives the money; somebody pays it; and in my judgment, that somebody is the planter. The slaveholding states furnish two-thirds of our entire exports, and if I am right in this theory, they pay two-thirds of the revenue, and consequently will pay two-thirds, or nearly seven millions of the ten millions of dollars given to Texas for the territory of which she has been so unjustly despoiled.

I beg pardon for this digression, and shall return at once to the subject before us.

What compensation has been offered the South for her interest in all the vast territories derived from Mexico, for this spoliation of Texas, and the emancipation act in the District of Columbia? We are told that the North gave us the fugitive slave law. This, fellow-citizens, was our right under the Constitution. It could not be refused. No man who had sworn to support the Constitution could refuse to vote for an efficient law for the surrender of fugitive slaves, unless he was willing to commit wilful and deliberate perjury. I do not thank the North for passing the fugitive slave law. I will not thank any man or any power for doling out to me my constitutional rights. If the North will execute the law in good faith, I shall think better of them as brethren and friends than I now do. Time will determine whether they will do this.

These acts have passed. They are now on the statute books, and the question arises--shall we tamely submit to their operation, and if we resist, in what manner, and to what extent shall we carry that resistance? I am not appalled by the cry of disunion, so often and so foolishly raised, whenever resistance is spoken of. There are things more terrible to me than the phantom of disunion, and one of these is tame submission to outrageous wrong. If it has really come to this, that the Southern States dare not assert and maintain their equal position in the Union, for fear of dissolving the Union, than I am free to say that the Union ought to be dissolved. If the noble edifice, erected by our fathers, has become so rickety, worm-eaten, and decayed, that it is in danger of falling every time the Southern States assemble to ask for justice, then the sooner it is pulled down the better. I am not so wedded to the name of Union as to remain in it until it shall fall and crush me.

I have great confidence that the government may be brought back to its original purity. I have great confidence that the government will again be administered in subordination to the Constitution; that we shall be restored to our equal position in the confederacy, and that our rights will again be respected as they were from 1783 to 1819. This being done, I shall be satisfied-nothing short of this will satisfy me. I can never consent to take a subordinate position. By no act or word of mine shall the South ever be reduced to a state of dependence on the North. I will cling to the Union, and utter its praises with my last breath, but it must be a Union of equals; it must be a Union in which my state and my section is equal in rights to any other section or state. I will not consent that the South shall become the Ireland of this country. Better, far, that we dissolve our political connection with the North than live connected with her as her slaves or vassals. The fathers of the republic counselled us to live together in peace and concord, but these venerable sages and patriots never counselled us to surrender our equal position in the Union. By their lives, they gave us lessons in the hornbook of freedom. If Washington could speak to us to-day from the tomb, he would counsel us against submission. He resisted less flagrant acts of usurpation and tyranny, and took up arms against his king. The flatterers of royalty called this treason. If we resist the greater outrages, can we hope to escape the name of traitor?

Let me say to you, in all sincerity, fellow-citizens, that I am no disunionist. If I know my own heart, I am more concerned about the means of preserving the Union than I am about the means of destroying it. The danger is not that we shall dissolve the Union, by a bold and manly vindication of our rights; but rather that we shall, in abandoning our rights, abandon the Union also. So help me God, I believe the submissionists are the very worst enemies of the Union. There is certainly some point beyond which the most abject will refuse to submit. If we yield now, how long do you suppose it will be before we shall be called upon to submit again? And does not every human experience admonish us that the more we yield, the greater will become the exaction of the aggressors? To the man who thinks and says that we have been wronged, and yet submits in sullen silence, I can only say, you reason badly for the Union. But to the man who rejoices in the late action of Congress, who fires cannon, beats drums, and unfurls banners with mottoes of joy written on them to such a man I can say, with a heart filled with sorrow, however well meant these acts may be, they invite aggression on our rights, and will lead to certain and in inevitable disunion.

The best friend of the Union is he who stands boldly up and demands equal justice for every state and for all sections. If I have demanded more than this, convince me, and I will withdraw the demand. But I shall stand unawed by fear and unmoved by flattery in demanding for Mississippi the same justice that is meted out to the greatest and proudest state in the Confederacy.

If the Union cannot yield to this demand, I am against the Union. If the Constitution does not secure it, I am against the Constitution. I am for equal and exact justice, and against anything and everything which denies it.

This justice was denied us in the "adjustment bills" which passed Congress. But we are not to infer that the fault was either in the Union or in the Constitution. The Union is strength, and if not wickedly diverted from its purposes, will secure us that justice and that domestic tranquillity which is our birthright. The Constitution is our shield and our buckler, and needs only to be fairly administered to dispense equal and exact justice to all parts of this great Confederacy.

Has the South justice in California? Have her rights been respected in any part of the territories? Has she been fairly dealt with in the matter of the Texas boundary? Was good faith observed in the passage of the anti-slavery bill for the District of Columbia? Does the North exhibit a spirit of love, charity, good neighborhood, and brotherly kindness in the perpetual warfare which she wages on our property? Is the Union now what it was in 1783? Did our fathers frame a constitution and enter into a union which gave the right of aggression to one-half the states, and obliged the other half to submit without a murmur? Would Washington, and Jefferson, and Madison, have entered into such a union with Adams, and Hancock, and Jay? To all these questions there can be but one answer, we all know. Every thinking, reasoning man knows, that in the war upon slavery, the Constitution and the Union have been diverted from their original purposes. Instead of being shields against lawless tyranny, they have been made engines of oppression to the South. And am I, a southern citizen, to be deterred from saying so by this senseless cry of disunion? Am I to see my dearest rights taken from me, and my countrymen denied all participation in, or enjoyment of the common property, and be afraid to speak ? Must I witness the dismemberment of a southern state and a whole catalogue of wrongs, and fail to speak, lest the Union shall crumble and fall about my ears? I hope the Union is made of sterner stuff, but I am free to say, if the Union cannot withstand a demand for justice, I shall rejoice to see it fall.

I will demand my rights and the rights of my section, be the consequences what they may. It is the imperative duty of every good citizen to maintain and defend the Constitution and the Union, and this can only be done by demanding and enforcing justice. Let us make this demand and let us enforce it, and let the consequences rest on the heads of those who violate the Constitution and subvert the Union in this war upon justice, equality, and right.

We are told that our difficulties are at an end; that, unjust as we all know the late action of Congress to have been, it is better to submit, and especially is it better, since this is to be the end of the slavery agitation. If this were the end, fellow-citizens, I might debate the question as to whether submission would not be the better policy. Such is my love of peace, such my almost superstitious reverence for the Union, that I might be willing to submit if this was to be the end of our troubles. But I know it is not to be the end. I know it has not been the end thus far. What have we seen? On the passage of all these bills through Congress, the North stood shocked and overawed at the enormity of the wrong done the South; but Washington city rejoiced, Baltimore rejoiced, Richmond rejoiced. Instead of the thunder notes of resistance coming back upon the capitol, we were greeted with songs and shouts, and the merry peals of hearts filled with joy. Seward, the abolition senator from New York, encouraged by these indications, introduced a bill to abolish slavery in the District of Columbia. It got only five votes. The North had not yet recovered from the shock which a glance at her own bold work had inflicted on her. After a few more days, the news of rejoicing at Louisville, at Augusta, and Nashville, came rolling back upon the wings of the lightning, and Seward asked another vote, and the result was nine in the affirmative. The cautious Dayton, and the still more cunning Winthrop, and men of that class, all the while protesting that it was yet too soon to urge that measure. They saw and knew full well that the firing of cannon and beating of drums were empty signs. They judged rightly, that no people rejoice in heart at their own degradation. But this rejoicing still went on; they fired the cannon, and beat the drums, and flung out their banners all over the South-at Natchez and New Orleans, at Mobile and at Jackson, at Memphis and Montgomery. Not only were the Giddingses and the Sewards, the Chases, Hales, and Kings, and all the enemies of the South, thus assured that there would be no resistance, but, in the echo of the booming cannon and in the shrill notes of the merry fife, they were assured that the South was filled with rejoicings and merry songs. What was the effect of all this? Why, fellow-citizens, the vote was taken in the House on the bill to abolish slavery out-and-out in the District of Columbia, and it got fifty-two votes, and there were twenty-nine of its friends absent the largest vote ever given in Congress on the direct proposition. Look at these things. Look to the fugitive slave law in New York, Massachusetts, Ohio, and elsewhere. Look to the late extraordinary triumph of Seward in New York. Look to the success of the Free Soilers in the late elections. Listen to the notes of preparation everywhere in the Northern States, and tell me if men do not wilfully deceive you when they say that the slavery agitation is over. I tell you, fellow-citizens, it is not over. It never will be over so long as you continue to recede before the pressure of northern power. You cannot secure your rights; you cannot save the Union or the Constitution, by following the timid counsels of the submissionists. Pursue these counsels, and they will lead to a sacrifice of all that we hold dear-of life, liberty, property, and the Union itself. By a submission you may secure, not a union, but a connection with the North. It will be such a connection as exists between Ireland and England, Poland and Russia, Hungary and Austria. It will not, it cannot be the Union of our fathers-it cannot be a union of equals.

You can save the Union, fellow-citizens, and you can do it by a stern resistance to wrong.

I have seen the Free Soil elephant of the North. He is governed by the instincts of his species. He never crosses a bridge without first pressing it with his foot to see if it will sustain his ponderous frame. Make the bridge strong, and he will cross; but let it be weak, and he will stay on his own side. If you want this Free-Soil elephant among you, make the bridge strong, give him assurance of submission, convince him that he may pass the gulf that divides you in safety, and he will come among you and destroy you. If you would keep him out, show him the yawning chasm, and convince him that if he attempts to cross he will be precipitated to the bottom, and, my life upon it, he will be content to remain at home.

The North will inflict all that the South will bear, even to a final emancipation of the negro race. She will inflict nothing that you will not bear.

I am detaining you, fellow-citizens, beyond the time which I allotted to myself; allow me to bring these remarks to a close.

I am for resistance. I am for that sort of resistance which shall be effective and final. Speaking to you as a private citizen, I shall not hesitate to express my individual opinions freely and fearlessly as to the best mode of resistance. I do not ask-I do not expect any one to adopt my opinions. They are the result of my own best reflections, and they will not be abandoned, except to embrace others more likely to prove effective in practice.

I approve of the governor's convocation of the legislature. The measure was called for by the emergencies of the hour, and was, in my judgment, eminently wise and proper.

I trust the legislature will order a convention of the state. Give the people a chance to speak. Let the voice of the sovereign state be heard speaking through a regularly-organized convention, and it will command respect. Our bane has been our divisions. We never can unite as one man-our people are too much imbued with the early prejudices of their native homes. Congregated from all the states of the Union, and from many foreign countries, they never can unite on one common platform. But the majority can speak, and if that majority speaks through a convention legally elected, its voice will silence dissension. It will be the voice of a sovereignty-it will command respect.

What if three-fourths of the people of Mississippi are for resistance, the other fourth makes as loud a noise, and their voice sounds as large in New York or Massachusetts. What if five-sixths of your delegation in Congress have spoken the sentiment of the state, the other sixth has protested that he speaks the voice of the state. Let the people speak! Let them speak through the ballot-box. Let a convention be called, and through that convention, let us speak the sentiments of the sovereign state.

I should hope that such a movement in Mississippi would be responded to in most, if not all the Southern States. I should have great confidence that South Carolina, Georgia, Alabama, and Florida, would meet us on a common platform, and resolve with us to stand or fall together.

I speak with great deference, but with the utmost freedom as to what course Mississippi and the other states should pursue. I speak for myself alone, and no man or party is in any way responsible for what I say.

We should demand a restoration of the laws of Texas in hæc verba over the country which has been taken from her and added to New Mexico. In other words, we should demand the clear and undisputed right to carry our slave property to that country, and have it protected and secured to us after we get it there; and we should demand a continuation of this right and of this security and protection.

We should demand the same right to go into all the territories with our slave property, that citizens of the free states have to go with any species of property, and we should demand for our property the same protection that is given to the property of our northern brethren. No more, nor less.

We should demand that Congress abstain from all interference with slavery in the territories, in the District of Columbia, in the states, on the high seas, or anywhere else, except to give it protection, and this protection should be the same that is given to other property.

We should demand a continuation of the present fugitive slave law, or some other law which should be effective in carrying out the mandate of the Constitution for the delivery of fugitive slaves.

We should demand that no state be denied admission into the Union, because her constitution tolerated slavery.

In all this we should ask nothing but meagre justice; and a refusal to grant such reasonable demands would show a fixed and settled purpose in the North to oppress and finally destroy the Southern States. If the demands here set forth, and such others as would most effectually secure the South against further disturbance, should be denied, and that denial should be manifested by any act of the Federal Government, we ought forthwith to dissolve all political connection with the Northern States.

If the Southern States, in convention, will lay down this or some other platform equally broad and substantial, and plant themselves upon it, I know there are hundreds and thousands of good men and true at the North, who will take positions with them, and stand by them to the last. In the present condition of our counsels, we can never expect support from the North. Distracted and divided at home and in Congress, those at the North who are disposed to aid us, are left in doubt as to which is the true southern side of the question. Suppose Mr. Dallas, Mr. Paulding, or some other friend of the South, should undertake our defence, would he not be met with language like this: "Look at Clay, look at Benton, look at Houston, look at hundreds in the South-listen to the roar of their cannon and the music of their drums, and do you, sir, pretend to know more of southern rights than the South knows of her own rights." What could our northern friends say to a speech like this? No, fellow-citizens, no! Do not place your friends at the North in this condition. Erect a platform on which they may stand and fight your battles for you. When the Free-Soiler points to the Clays, the Bentons, the Houstons, and others, enable your friends to point to Mississippi and Georgia, and Alabama, and South Carolina, assembled in conventions. And when the Free-Soiler appeals to the cannon roaring and the drums beating, let your friends appeal to the voice of sovereign states demanding justice, equality, and liberty on the one side, or disunion on the other.

If I hesitate to embrace the doctrine of disunion, it is because the North has, to some extent, been inveigled into her present hostile position towards the South by our own unfaithful representatives, and encouraged to persevere in the mad policy by the ill-advised conduct of some of our own people. A portion of the southern senators and representatives voted for the admission of California, and large numbers sustained the Texas spoliation bill. The whole advantages of these measures inured to the benefit of the North, and we could not reasonably expect northern men to do more for us than our own representatives. We have great reason to complain of the North, but we have much greater reason to complain of our own unfaithful servants. The North is deceived as to the true condition of southern sentiment, but they have been deceived by our own people. Let us undeceive them. Let us prepare to strike for justice, equality, liberty. But let us first give fair warning, and let that warning be given in an authentic and authoritative form. Let us do this, and if then we are forced to strike, we shall be sustained by all good men, we shall be sustained by God, and our own clear consciences.

These are my opinions, fellow-citizens, freely expressed. I do not ask you to sanction them or to adopt them as your own, unless you approve them. I have but one motive, and that is to serve my afflicted country. Wholly and entirely southern in my sentiments and feelings, I have never debated with myself what course it were best for me to pursue. Ambition might have led me to the North, but as I loved the land of my birth more than the honors and emoluments of power and of place, I have taken sides with the South. Her destiny shall be my destiny. If she stands, I will stand by her, and if she falls, I will fall with her.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 246-61

Tuesday, December 10, 2024

Senator Henry Clay to James B. Clay, January 2, 1849

WASHINGTON, January 2, 1849.

MY DEAR SON,—I received your letter of the 27th November, and I was happy to hear of the continued health of Susan and your children, and especially that she had so easy an accouchement. That was the result of her previous exercise and the climate of Lisbon.

I am sorry to hear of the bad prospect of your getting our claims satisfied. I wrote you a few days ago, giving a long account of an interview which I had with the Portuguese minister, etc., about the case of the General Armstrong. In the course of it, he told me that he thought some of our claims were just, and so did the Minister of Foreign Affairs, and that they would be paid. If we are to come to any appeal to force, perhaps it will be as well that they should reject them all, those which are clearly just as well as those which are contestable. But, as it would be a feather in your cap, I should like that you would get them all owned, or as many as you can.

The minister told me that the owners of the General Armstrong demanded $250,000. That sum strikes me to be erroneous. If they agree to admit the claim, you might stipulate to have the amount fixed by some commission; or, which would be better, if the owners have an agent at Lisbon, you might get him to fix the very lowest sum which they would be willing to receive, which might not exceed one fifth of the sum demanded.

I mentioned confidentially to Sir H. Bulwer, the British minister, my apprehensions of a difficulty with Portugal, and he said he would write to Lord Palmerston, and suggest to him to interpose his good offices, etc. He told me that a brother of Lord Morpeth was the British Chargé at Portugal. If he resembles his brother, you will find him a clever fellow.

No certain developments are yet made of what Congress may do on the subject of slavery. I think there is a considerable majority in the House, and probably one in the Senate, in favor of the Wilmot proviso. I have been thinking much of proposing some comprehensive scheme of settling amicably the whole question, in all its bearings; but I have not yet positively determined to do so. Meantime some of the Hotspurs of the South are openly declaring themselves for a dissolution of the Union, if the Wilmot proviso be adopted. This sentiment of disunion is more extensive than I had hoped, but I do not regard it as yet alarming. It does not reach many of the Slave States.

You complain of not hearing from Kentucky. I have the same complaint. I have not received a letter from John for a long time. My last was from Thomas, of the 18th ult. They were then all well.

I am glad to hear that Henry is placed at school, but am sorry that his defects continue to display themselves. We must hope that he will correct them as he grows older, and in the mean time console ourselves that his faults are not worse than they are.

My love to Susan, the boys, and your children.

SOURCE: Calvin Colton, Editor, The Private Correspondence of Henry Clay, p. 582-3

Wednesday, November 6, 2024

Diary of George Templeton Strong: January 10, 1860

House of Representatives not yet organized, no Speaker elected and government at a deadlock. Members spend their time during the interval between the ballotings in speech-making about John Brown, fugitive slaves, Hinton Rowan Helper’s Impending Crisis, and the irrepressible nigger generally. That black but comely biped is becoming a bore to me. No doubt he is a man and a brother, but his monopoly of attention is detrimental to the rest of the family; and I don’t believe he cares much about having his wrongs redressed or his rights asserted. Our politicians are playing on Northern love of justice and a more or less morbid Northern philanthropy for their own selfish ends by putting themselves forward as Cuffee’s champion. But the South is so utterly barbaric and absurd that I’m constantly tempted to ally myself with Cheever and George Curtis.2
_______________

2 The Rev. George B. Cheever, author of God Against Slavery (1857); George William Curtis, now attacking slavery in his speeches and writings.

SOURCE: Allan Nevins and Milton Halset Thomas, Editors, Diary of George Templeton Strong, Vol. 3, p. 3-4

Tuesday, November 5, 2024

General William T. Sherman to Senator John Sherman, April 13, 1886

ST. LOUIS, April 13, 1886.

Dear Brother: Your letter was duly received, and the quotation from Corwin's speech will be all I want. I remember the fact that when General Taylor's army marched from Corpus Christi, Texas, to Matamoras, it was generally noted that what few people were encountered south of the Nueces were all Mexicans. Their (Mexican) maps made Texas cease at that line, and our only title to that part of the country was Texas' claim to the Rio Grande as the boundary, so that the army officers, notably General Taylor, always ridiculed the action of the President and Congress—“whereas American blood has been shed on American soil," etc., etc.

Nevertheless war did exist and did continue till we had acquired California, New Mexico, etc. Our payment to Mexico of $15,000,000 at the end of the war was an act of generosity, and made our title one of purchase rather than conquest. Mexico never could have developed California as we did, and without California we could not have filled up the intervening space. . . .

Affectionately,
W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 372

Thursday, October 31, 2024

Diary of Gideon Welles: Friday, June 8, 1866

But little of importance at the Cabinet. I had some conversation with the President after adjournment, and in the evening McCulloch and myself called upon him by appointment. Our conversation was frank, extending more than an hour. We all concurred that it was not possible to go on much longer with a view of preserving the integrity of the Republican Party, for the Radicals are using the organization to injure the President. There is direct antagonism between the leaders who control Congress and the Administration. The Democrats in Congress are more in harmony with the Administration than are the Radicals;— then why repel the Democrats and favor the Radicals?

We McCulloch and myself spoke of the want of cordial and free intercourse among the members of the Cabinet, that important questions touching differences in the Republican Party were never discussed at our meetings, that it was obvious we did not concur in opinion, and, therefore, the really important topics were avoided. The President admitted and lamented this, as he has done to me repeatedly. He expressed his surprise that Harlan and Speed should, with these understood views, desire to remain. I asked if there were not others among us as objectionable and more harmful. McCulloch said he could not believe Seward was faithless, that he fully agreed with him whenever they had conversed. I admitted the same as regarded Seward and myself, still there were some things I could not reconcile. He is not treacherous to the President, but is under the influence of Stanton and acts with him. His intimates, as well as Stanton's, in Congress, voted steadily with the Radicals; his speech at Auburn was a whistle for the Republicans to keep united and repelled Democrats. The President was reluctant to give up Seward, whose equivocal course is characteristic, but evidently had some doubts as to his sincerity and ulterior purpose. He suggested that Seward should be called in to a conference and come to an explicit understanding. This we all concurred in, though I remarked we should have fair words and no decisive action. But it was left to the President to invite a meeting.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 524-5

Diary of Gideon Welles: Thursday, June 14, 1866

The House yesterday passed the Senate proposition to change the Constitution. It was before that body about two hours and was passed under the previous question. Such a reckless body, ready to break up the foundations of the government, has never been assembled, and such legislation, regardless of the organic law, would not only destroy public confidence but ruin the country. All is for party, regardless of right or of honest principle.

Representations are sent out that Congress has made great concessions in adopting the Senate's proposition, that they have yielded about everything, and that the President is pretty well satisfied with the question as now presented. There is design in all this, and some professed friends of the President are among the most active in it. The New York Times, and papers strongly under the influence of Seward and Weed, as well as their partisans, maintain these views. Thurlow Weed has been here within a few days and is always on errands of mischief. All looks to me like a systematic plan to absorb the President, or to destroy him. He still leans on Seward and seems under his influence, though with doubts and occasional misgivings. Seward himself defers to Stanton, - is becoming afraid of him. That Seward is cheated I cannot believe, and if he is not cheated I am constrained to believe the President is. And who is to undeceive him? I have on more than one occasion suggested my doubts, but while he has received my suggestions attentively he has pondered in obvious distress, and the subject is of so delicate a nature that I cannot do more.

At the very time that the House was adopting this Constitutional change, Green Clay Smith was nominated Governor of Montana. Smith professes to be with the President, but went with the Radicals on the test oath, and is made Governor.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 526-7

Friday, October 4, 2024

Daniel Webster to a Committee of Gentlemen from New York, October 1850

[Franklin, N. H., October 1850]

I concur, gentlemen, in all the political principles contained in the resolutions, a copy of which has been sent to me; and I stand pledged to support those principles, publicly and privately, now and always, to the full extent of my influence, and by the exertion of every faculty which I possess.

Two of these resolutions were as follows:

Resolved, That we cordially approve of the recent measures of Congress for the adjustment of the dangerous questions arising out of the acquisition of territory under the treaty of Mexico, &c.

Resolved, That the Fugitive-slave Bill is in accordance with the express stipulations of the Constitution of the United States; . . . and that Congress, in passing a law which should be efficient for carrying out the stipulations, &c., acted in full accordance with the letter and spirit of that instrument; and that we will sustain this law and the execution of it by all lawful means.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 340-1

Thursday, September 26, 2024

Daniel Webster to Messrs. Richards and others, March 21, 1851

Washington, March 21, 1851.

GENTLEMEN,—On the receipt of letter of the 14th of February, I deemed it advisable to postpone an answer until the carriage, harness, and horses should arrive here. They came on, and were received, all sound and in good order, in the early part of this month. Unfortunately, I failed as well at my own house as at other places, in various attempts to see Mr. Wood, who brought on the carriage, so that I only had one short interview with him; and the pressure of affairs at the breaking up of Congress, and until the final adjournment of the Senate, has obliged me to put off until to-morrow, every thing not absolutely necessary to be done to-day.

And now, gentlemen, I have to thank you for your costly and handsome present. The carriage itself is thought to be as elegant as any ever seen in the country. It appears to be of exquisite workmanship, and is rich without being gaudy. It is very commodious, and its motion pleasant and agreeable.

The horses attached to the carriage are, I think, quite worthy of it. They are certainly uncommonly handsome, and their travelling and action very fine. On the whole, gentlemen, I rather fear that this equipage is too splendid and superb for a plain farmer of Marshfield; but as it has been your pleasure to make me so very valuable a gift, I accept it with all thankfulness, and shall always regard it as the measure, not of my merit, but of your bounty and munificence.

But, gentlemen, I am more deeply your debtor for the estimation in which you are pleased to hold my public services in the counsels of the country. If I have attempted to expound the Constitution, I have attempted to expound that which I have studied with diligence and veneration from my early manhood to the present day. If I have endeavored to defend and uphold the Union of the States, it is because my fixed judgment and my unalterable affections have impelled me, and still impel me, to regard that Union as the only security for general prosperity and national glory. Yes, gentlemen, the Constitution and the Union! I place them together. If they stand, they must stand together; if they fall they must fall together. They are the images which present to every American his surest reliance, and his brightest hopes. If they perish in my day or afterwards, I shall still leave, in the history of the times, my own deep, heartfelt and engrossing conviction that they are among the greatest political blessings ever bestowed by Providence on man; and that if, in any course of disastrous events, such as may happen to all human institutions, they should become severed and broken, even their history and their memories will constitute a track of light, upon which all lovers of human liberty, in after

times, may gaze with admiration. Yes, gentlemen! Union and the Constitution!

"Fortunati ambo! Si quid mea carmina possunt

Nulla dies unquam memori vos eximet ævo.

Dum domus Æneæ Capitoli immobile saxum

Accolet, imperiumque pater Romanus habebit."

I was not unaware, gentlemen, on the morning of the 7th of March last year, that I was entering upon a duty which, as you suggest, might bring into peril that favor which has been long shown me by that political party whose general principles I had for a long time steadily maintained. A crisis had arrived in which it did not become me, as I thought, to be indifferent and to do nothing. Still less did it become me to act a part which should inflame sectional animosities and tend to destroy all genuine American feeling, and shake the fabric of the government to its foundation. I was willing to trust and am still willing to trust for the vindication of my motives, to the intelligent men of my party and of all parties. I should indeed have been wholly unworthy of that character, which it is my highest ambition to maintain among my countrymen, if I had allowed any personal peril to bear with the weight of a feather against my profound sense of public duty. Whatever may now happen, I shall meet it with a clear conscience, and a fixed purpose; and while acting in full coöperation with the great mass of our fellow citizens, who hold the same sentiments that you hold, I shall fear nothing.

I am, gentlemen, your obliged friend and fellow-citizen,
DANIEL WEBSTER.

Messrs. WM. M. RICHARDS, SAMUEL C. SPROULLS, CHARLES A. STETSON, CHARLES W. A. ROGERS.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Vol. 2, p. 423-5

Saturday, August 3, 2024

Senator Henry Clay to Nicholas Dean, June 21, 1849

ASHLAND, June 21, 1849.

MY DEAR SIR,—I received your favors of the 1st and 4th instant. I regret extremely that many of the appointments of the Executive are so unsatisfactory to the public; and still more that there should be just occasion for it. I fear that the President confides that matter too much to the Secretaries, and that they have selfish and ulterior views in the selections which they make. It is undeniable that the public patronage has been too exclusively confined to the original supporters of General Taylor, without sufficient regard to the merits and just claims of the great body of the Whig party. This is both wrong and impolitic.

You tell me that it will be difficult to repress an expression of the Whig dissatisfaction, prior to the meeting of Congress. I should be very sorry if this was done so early, if it should become necessary (I hope it may not) to do it at all. I think there ought not to be any denunciation of the Administration, unless it is rendered proper for its plans of public policy. If before these are developed, the Administration should be arraigned, it would be ascribed to disappointment as to the distribution of the patronage of Government. It will be different, if, contrary to what we have a right to hope and expect, the Administration should fail to support and recommend the great measures of the Whig party.

As to myself, I need not say to you, that I shall go to Washington, if I am spared, with a firm determination to oppose or support measures according to my deliberate sense of their effects upon the interests of our country.

SOURCE: Calvin Colton, Editor, The Private Correspondence of Henry Clay, p. 587-8

Senator Henry Clay to James B. Clay, October 15, 1849

ASHLAND, October 15, 1849.

MY DEAR SON,—I received your letter dated at Liverpool the 27th ultimo, and was very glad that you had all safely arrived, with so little inconvenience from sea-sickness. I hope that your excursion to Paris proved agreeable, and that you were not tempted by its many attractions to run into any extravagant expenditures.

The elections in Ohio and Pennsylvania have gone against the Administration, and, judging from present prospects, I do not see how it is to be sustained. If, therefore, you do not come home sooner, you may prepare to return on the expiration of its term. I understand indirectly that it is counting much on my exertions at the approaching session of Congress; but I fear that it is counting without any sufficient ground. I intend to leave home the first of November, but not to go to Washington until about the opening of Congress. I expect to pass two or three weeks in Philadelphia.

I suppose that you and Susan hear regularly from Louisville, from which I have heard nothing of any interest. Here we are all in health, and things move on in their ordinary channels. Yesterday (Sunday) Thomas and Mary dined with us as usual. He goes down in a few weeks to his famous saw mill, from which he calculates to make a great deal.

We expect H. Hart and his family here to-morrow or next day to make their farewell visit, preparatory to their going to St. Louis, for which he has made most of his arrangements.

Give our love to Susan and your children and to Henry Clay, and kiss dear Lucy for your affectionate father.

SOURCE: Calvin Colton, Editor, The Private Correspondence of Henry Clay, p. 589-90

Thursday, August 1, 2024

Senator John C. Calhoun’s Speech on the Oregon Bill, June 27, 1848

[Delivered in the United States Senate, June 27th, 1848.]

THERE is a very striking difference between the position on which the slaveholding and non-slaveholding States stand, in reference to the subject under consideration. The former desire no action of the Government; demand no law to give them any advantage in the territory about to be established; are willing to leave it, and other territories belonging to the United States, open to all their citizens, so long as they continue to be territories,—and when they cease to be so, to leave it to their inhabitants to form such governments as may suit them, without restriction or condition, except that imposed by the constitution, as a prerequisite for admission into the Union. In short, they are willing to leave the whole subject where the constitution and the great and fundamental principles of self-government place it. On the contrary, the non-slaveholding States, instead of being willing to leave it on this broad and equal foundation, demand the interposition of the Government, and the passage of an act to prevent the citizens of the slaveholding States from emigrating with their property into the territory, in order to give their citizens and those they may permit, the exclusive right of settling it, while it remains in that condition, preparatory to subjecting it to like restrictions and conditions when it becomes a State. The 12th section of this bill is intended to assert and maintain this demand of the non-slaveholding States, while it remains a territory, not openly or directly,—but indirectly, by extending the provisions of the bill for the establishment of the Iowa Territory to this, and by ratifying the acts of the informal and self-constituted government of Oregon, which, among others, contains one prohibiting the introduction of slavery, It thus, in reality, adopts what is called the Wilmot proviso, not only for Oregon, but, as the bill now stands, for New Mexico and California. The amendment, on the contrary, moved by the Senator from Mississippi, near me (Mr. Davis), is intended to assert and maintain the position of the slaveholding States. It leaves the territory free and open to all the citizens of the United States, and would overrule, if adopted, the act of the self-constituted Territory of Oregon and the 12th section, as far as it relates to the subject under consideration. We have thus fairly presented the grounds taken by the non-slaveholding and the slaveholding States,—or, as I shall call them for the sake of brevity,—the Northern and Southern States, in their whole extent for discussion.

The first question which offers itself for consideration is—Have the Northern States the power which they claim, to prevent the Southern people from emigrating freely, with their property, into territories belonging to the United States, and to monopolize them for their exclusive benefit?

It is, indeed, a great question. I propose to discuss it calmly and dispassionately. I shall claim nothing which does not fairly and clearly belong to the Southern States, either as members of this Federal Union, or appertain to them in their separate and individual character; nor shall I yield any thing which belongs to them in either capacity. I am influenced neither by sectional nor party considerations. If I know myself, I would repel as promptly and decidedly any aggression of the South on the North, as I would any on the part of the latter on the former. And let me add, I hold the obligation to repel aggression to be not much less solemn, than that of abstaining from making aggression; and the party which submits to it when it can be resisted, to be not much less guilty and responsible for consequences than that which makes it. Nor do I stand on party grounds. What I shall say in reference to this subject, I shall say entirely without reference to the Presidential election. I hold it to be infinitely higher than that and all other questions of the day. I shall direct my efforts to ascertain what is constitutional, right and just, under a thorough conviction that the best and only way of putting an end to this, the most dangerous of all questions to our Union and institutions, is to adhere rigidly to the constitution and the dictates of justice.

With these preliminary remarks, I recur to the question—Has the North the power which it claims under the 12th section of this bill? I ask at the outset, where is the power to be found? Not, certainly, in the relation in which the Northern and Southern States stand to each other. They are the constituent parts or members of a common Federal Union; and, as such, are equals in all respects, both in dignity and rights, as is declared by all writers on governments founded on such union, and as may be inferred from arguments deduced from their nature and character. Instead, then, of affording any countenance or authority in favor of the power, the relation in which they stand to each other furnishes a strong presumption against it. Nor can it be found in the fact that the South holds property in slaves. That, too, fairly considered, instead of affording any authority for the power, furnishes a strong presumption against it. Slavery existed in the South when the constitution was framed, fully to the extent, in proportion to the population, that it does at this time. It is the only property recognized by it; the only one that entered into its formation as a political element, both in the adjustment of the relative weight of the States in the Government, and the apportionment of direct taxes; and the only one that is put under the express guaranty of the constitution. It is well known to all conversant with the history of the formation and adoption of the constitution, that the South was very jealous in reference. to this property; that it constituted one of the difficulties both to its formation and adoption; and that it would not have assented to either, had the convention refused to allow to it its due weight in the Government, or to place it under the guaranty of the constitution. Nor can it be found in the way that the territories have been acquired. I will not go into particulars, in this respect, at this stage of the discussion. Suffice it to say, the whole was acquired either by purchase, out of the common funds of all the States, the South as well as the North, or by arms and mutual sacrifice of men and money;—which, instead of giving any countenance in favor of the power claimed by the North, on every principle of right and justice, furnishes strong additional presumption against it.

But, if it cannot be found in either,—if it exists at all,—the power must be looked for in the constitutional compact, which binds these States together in a Federal Union; and I now ask, can it be found there? Does that instrument contain any provision which gives the North the power to exclude the South from a free admission into the territories of the United States with its peculiar property, and to monopolize them for its own exclusive use? If it in fact contains such power, expressed or implied, it must be found in a specific grant, or be inferred by irresistible deduction, from some clear and acknowledged power. Nothing short of the one or the other can overcome the strong presumption against it.

That there is no such specific grant may be inferred, beyond doubt, from the fact that no one has ever attempted to designate it. Instead of that, it has been assumed—taken for granted without a particle of proof—that Congress has the absolute right to govern the territories. Now, I concede, if it does in reality possess such power, it may exclude from the territories whom or what it pleases, and admit into them whom or what it pleases; and of course may exercise the power claimed by the North to exclude the South from them. But I again repeat, where is this absolute power to be found? All admit that there is no such specific grant of power. If, then, it exists at all, it must be inferred from some such power. I ask where is that to be found? The Senator from New-York, behind me (Mr. Dix), points to the clause in the constitution, which provides that "Congress shall have power to dispose of and make all needful rules and regulations respecting the territory and other property belonging to the United States." Now, I under take to affirm and maintain, beyond the possibility of doubt, that, so far from conferring absolute power to govern the territories, it confers no governmental power whatever; no, not a particle. It refers exclusively to territory, regarded simply as public lands. Every word relates to it in that character, and is wholly inapplicable to it considered in any other character than property. Take the expression "dispose of" with which it begins. It is easily understood what it means when applied to lands; and is the proper and natural expression regarding the territory in that character, when the object is to confer the right to sell or make other disposition of it. But who ever heard the expression applied to government? And what possible meaning can it have when so applied? Take the next expression, "to make all needful rules and regulations." These, regarded separately, might, indeed, be applicable to government in a loose sense, but they are never so applied in the constitution. In every case where they are used in it, they refer to property, to things, or some process, such as the rules of Court, or of the Houses of Congress for the government of their proceedings,—but never to government, which always implies persons to be governed. But if there should be any doubt in this case, the words immediately following, which restrict them to making “rules and regulations respecting the territory and other property of the United States," must effectually expel it. They restrict their meaning, beyond the possibility of doubt, to territory regarded as property.

But if it were possible for doubt still to exist, another and conclusive argument still remains to show that the framers of the constitution did not intend to confer by this clause governmental powers. I refer to the clause in the constitution which delegates the power of exclusive legislation to Congress over this District and "all places purchased by the consent of the legislature of the State in which the same may be for the erection of forts, magazines, arsenals, dock yards, and other needful buildings." The places therein referred to are clearly embraced by the expression, "other property belonging to the United States," contained in the clause I have just considered. But it is certain, that if it had been the intention of the framers of the constitution to confer governmental powers over such places by that clause, they never would have delegated it by this. They were incapable of doing a thing so absurd. But it is equally certain, if they did not intend to confer such power over them, they could not have intended it over territories. Whatever was conferred by the same words, in reference to one, must have been intended to be conferred in reference to the other, and the reverse. The opposite supposition would be absurd. But, it may be asked why the term—territory—was omitted in the delegation of exclusive legislation to Congress over the places enumerated? Very satisfactory reasons may, in my opinion, be assigned. The former were limited to places lying within the limits and jurisdiction of the States, and the latter to public land lying beyond both. The cession and purchase of the former, with the consent of the State within which they might be situated, did not oust the sovereignty or jurisdiction of the State. They still remained in the State, the United States acquiring only the title to the place. It, therefore, became necessary to confer on Congress, by express delegation, the exercise of exclusive power of legislation over this District and such places, in order to carry out the object of the purchase and session was simply intended to withdraw them from under the legislatures of the respective States within which they might lie, and substitute that of Congress in its place, subject to the restrictions of the constitution and the objects for which the places were acquired, leaving, as I have said, the sovereignty still in the State in which they are situated, but in abeyance, as far as it extends to legislation. Thus, in the case of this District—since the retrocession to Virginia of the part beyond the Potomac,—the sovereignty still continues in Maryland in the manner stated. But the case is very different in reference to territories, lying as they do beyond the limits and jurisdictions of all the States. The United States possess not simply the right of ownership over them, but that of exclusive dominion and sovereignty; and hence it was not necessary to exclude the power of the States to legislate over them, by delegating the exercise of exclusive legislation to Congress. It would have been an act of supererogation. It may be proper to remark in this connection, that the power of exclusive legislation, conferred in these cases, must not be confounded with the power of absolute legislation. They are very different things. It is true that absolute power of legislation is always exclusive, but it by no means follows that exclusive power of legislation or of government is likewise always absolute. Congress has the exclusive power of legislation, as far as this Government is concerned, and the State legislatures as far as their respective governments are concerned;—but we all know that both are subject to many and important restrictions and conditions which the nature of absolute power excludes.

I have now made good the assertion I ventured to make, that the clause in the constitution relied on by the Senator from New-York, so far from conferring the absolute power of government over the territory claimed by him, and others who agree with him, confers not a particle of governmental power. Having conclusively established this, the long list of precedents, cited by the Senator to prop up the power which he sought in the clause, falls to the ground with the fabric which he raised; and I am thus exempted from the necessity of referring to them, and replying to them one by one.

But there is one precedent, referred to by the Senator, unconnected with the power, and on that account requiring particular notice. I refer to the ordinance of 1787, which was adopted by the old Congress of the Confederation while the convention that framed the constitution was in session, and about one year before its adoption, and of course on the very eve of the expiration of the old Confederation. Against its introduction, I might object that the act of the Congress of the Confederation cannot rightfully form precedents for this Government; but I waive that. I waive also the objection that the act was consummated when that Government was in extremis, and could hardly be considered compos mentis. I waive also the fact that the ordinance assumed the form of a compact, and was adopted when only eight States were present, while the articles of confederation required nine to form compacts. I waive also the fact, that Mr. Madison declared that the act was without shadow of constitutional authority;—and shall proceed to show, from the history of its adoption, that it cannot justly be considered of any binding force.

Virginia made the cession of the territory north of the Ohio, and lying between it and the Mississippi and the lakes, in 1784. It now contains the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and a very considerable extent of territory lying north of the latter. Shortly after the cession, a committee of three was raised, of whom Mr. Jefferson was one. They reported an ordinance for the establishment of the territory, containing, among other provisions, one, of which Mr. Jefferson was the author, excluding slavery from the territory after the year 1800. It was reported to Congress, but this provision was struck out. On the question of striking out, every Southern State present voted in favor of it; and, what is more striking, every Southern delegate voted the same way, Mr. Jefferson alone excepted. The ordinance was adopted without the provision. At the next session, Rufus King, then a member of the old Congress, moved a proposition, very much in the same shape as the sixth article (that which excludes slavery) in the ordinance no action on it. A committee was moved the next or the subsequent year, which reported without including or noticing Mr. King's proposition. Mr. Dane was a member of that committee, and proposed a provision the same as that in the ordinance as it passed, but the committee reported without including it. Finally, another committee was raised, at the head of which was Mr. Carrington of Virginia, and of which Mr. Dane was also a member. That committee reported without including the amendment previously proposed by him. Mr. Dane moved his proposition, which was adopted, and the report of the committee thus amended became the ordinance of 1787.

It may be inferred from this brief historical sketch, that the ordinance was a compromise between the Southern and Northern States, of which the terms were, that slavery should be excluded from the territory upon condition that fugitive slaves, who might take refuge in the territory, should be delivered up to their owners, as stipulated in the proviso of the sixth article of the ordinance. It is manifest, from what has been stated, that the South was unitedly and obstinately opposed to the provision when first moved; that the proposition of Mr. King, without the proviso, was in like manner resisted by the South, as may be inferred from its entire want of success, and that it never could be brought to agree to it until the provision for the delivery up of fugitive slaves was incorporated in it. But it is well understood that a compromise involves not a surrender, but simply a waiver of the right or power; and hence in the case of individuals, it is a well-established legal principle, that an offer to settle by compromise a litigated claim, is no evidence against the justice of the claim on the side of the party making it. The South, to her honor, has observed with fidelity her engagements under this compromise; in proof of which, I appeal to the precedents cited by the Senator from New-York, intended by him to establish the fact of her acquiescence in the ordinance. I admit that she has acquiesced in the several acts of Congress to carry it into effect; but the Senator is mistaken in supposing that it is proof of a surrender, on her part, of the power over the territories which he claims for Congress. No, she never has, and I trust never will, make such a surrender. Instead of that, it is conclusive proof of her fidelity to her engagements. She has never attempted to set aside the ordinance, or to deprive the territory, and the States erected within its limits, of any right or advantage it was intended to confer. But I regret that as much cannot be said in favor of the fidelity with which it has been observed on their part. With the single exception of the State of Illinois—be it said to her honor—every other State erected within its limits has pursued a course, and adopted measures, which have rendered the stipulations of the proviso to deliver up fugitive slaves nugatory. Wisconsin may, also, be an exception, as she has just entered the Union, and has hardly had time to act on the subject. They have gone further, and suffered individuals to form combinations, without an effort to suppress them, for the purpose of enticing and seducing the slaves to leave their masters, and to run them into Canada beyond the reach of our laws—in open violation, not only of the stipulations of the ordinance, but of the constitution itself. If I express myself strongly, it is not for the purpose of producing excitement, but to draw the attention of the Senate forcibly to the subject. My object is to lay bare the subject under consideration, just as a surgeon probes to the bottom and lays open a wound, not to cause pain to his patient, but for the purpose of healing it.

I come now to another precedent of a similar character, but differing in this—that it took place under this Government, and not under that of the old Confederation; I refer to what is known as the Missouri Compromise. It is more recent and better known, and may be more readily despatched.

After an arduous struggle of more than a year, on the question whether Missouri should come into the Union with or without restrictions prohibiting slavery, a compromise line was adopted between the North and the South; but it was done under circumstances which made it nowise obligatory on the latter. It is true, it was moved by one of her distinguished citizens (Mr. Clay); but it is equally so, that it was carried by the almost united vote of the North against the almost united vote of the South; and was thus imposed on the latter by superior numbers in opposition to her strenuous efforts. The South has never given her sanction to it, or assented to the power it asserted. She was voted down, and has simply acquiesced in an arrangement which she has not had the power to reverse, and which she could not attempt to do without disturbing the peace and harmony of the Union—to which she has ever been averse. Acting on this principle, she permitted the Territory of Iowa to be formed, and the State to be admitted into the Union, under the compromise, without objection; and this is now quoted by the Senator from New-York to prove her surrender of the power he claims for Congress.

To add to the strength of this claim, the advocates of the power hold up the name of Jefferson in its favor, and go so far as to call him the author of the so-called Wilmot proviso, which is but a general expression of a power of which the Missouri compromise is a case of its application. If we may judge by his opinion of that case, what his opinion was of the principle, instead of being the author of the proviso, or being in its favor, no one could be more deadly hostile to it. In a letter addressed to the elder Adams in 1819, in answer to one from him, he uses these remarkable expressions in reference to the Missouri question:

"The banks, bankrupt law, manufactures, Spanish treaty, are nothing. These are occurrences, which, like waves in a storm, will pass under the ship. But the Missouri question is a breaker on which we lose the Missouri country by revolt, and what more, God only knows."

To understand the full force of these expressions, it must be borne in mind that the questions enumerated were the great and exciting political questions of the day, on which parties divided. The banks and bankrupt law had long been so. Manufactures, or what has since been called the protective tariff, was at the time a subject of great excitement, as was the Spanish treaty, that is, the treaty by which Florida was ceded to the Union, and by which the western boundary between Mexico and the United States was settled, from the Gulf of Mexico to the Pacific ocean. All these exciting party questions of the day Mr. Jefferson regarded as nothing, compared to the Missouri question. He looked on all of them as in their nature fugitive; and, to use his own forcible expression, "would pass off under the ship of State like waves in a storm." Not so this fatal question. It was a breaker on which it was destined to be stranded. And yet his name is quoted by the incendiaries of the present day in support of, and as the author of, a proviso which would give indefinite and universal extension of this fatal question to all the territories! It was compromised the next year by the adoption of the line to which I have referred. Mr. Holmes of Maine, long a member of this body, who voted for the measure, addressed a letter to Mr. Jefferson, inclosing a copy of his speech on the occasion. It drew out an answer from him which ought to be treasured up in the heart of every man who loves his country and its institutions. It is brief. I will send it to the Secretary to be read. The time of the Senate cannot be better occupied than in listening to it:

To John Holmes.

 

MONTICELLO, April 22, 1820.

 

I thank you, dear sir, for the copy you have been so kind as to send me of the letter to your constituents on the Missouri question. It is a perfect justification to them. I had for a long time ceased to read newspapers, or pay any attention to public affairs, confident they were in good hands, and content to be a passenger in our bark to the shore from which I am not far distant. But this momentous question, like a fire-bell in the night, awakened and filled me with terror. I considered it at once as the knell of the Union. It is hushed, indeed, for the moment. But this is a reprieve only, not the final sentence. A geographical line, coinciding with a marked principle, moral and political, once conceived and held up to the angry passions of men, will never be obliterated; and every new irritation will mark it deeper and deeper. I can say, with conscious truth, that there is not a man on earth who would sacrifice more than I would to relieve us from this heavy reproach, in any practicable way. The cession of that kind of property (for so it is misnamed) is a bagatelle, which would not cost me a second thought, if in that way a general emancipation and expatriation could be effected; and gradually, and with due sacrifices, I think it might be. But, as it is, we have the wolf by the ears, and we can neither hold him nor safely let him go. Justice is in one scale, and self-preservation in the other. Of one thing I am certain, that as the passage of slaves from one free State to another would not make a slave of a single human being who would not be so without it, so their diffusion over a greater surface would make them individually happier, and proportionally facilitate the accomplishment of their emancipation, by dividing the burden on a greater number of coadjutors. An abstinence, too, from this act of power, would remove the jealousy excited by the undertaking of Congress to regulate the condition of th e different descriptions of men composing a State. This certainly is the exclusive right of every State, which nothing in the constitution has taken from them, and given to the General Government. Could Congress, for example, say that the non-freemen of Connecticut shall be freemen, or that they shall not emigrate into any other State?

 

I regret that I am now to die in the belief that the useless sacrifice of themselves by the generation of 1776, to acquire self-government and happiness to their country, is to be thrown away by the unwise and unworthy passions of their sons, and that my only consolation is to be, that I shall not live to weep over it. If they would but dispassionately weigh the blessings they will throw away against an abstract principle, more likely to be effected by union than by scission, they would pause before they would perpetrate this act of suicide on themselves, and of treason against the hopes of the world. To yourself, as the faithful advocate of the Union, I tender the offering of my high esteem and respect.

 

THOMAS JEFFERSON.

Mark his prophetic words! Mark his profound reasoning!

"It [the question] is hushed for the moment. But this is a reprieve only, not a final sentence. A geographical line coinciding with a marked principle, moral and political, once conceived, and held up to the angry passions of men, will never be obliterated, and every new irritation will mark it deeper and deeper."

Twenty-eight years have passed since these remarkable words were penned, and there is not a thought which time has not thus far verified, and, it is to be feared, will continue to verify until the whole will be fulfilled. Certain it is, that he regarded the compromise line as utterly inadequate to arrest that fatal course of events, which his keen sagacity anticipated from the question. It was but a “reprieve.” Mark the deeply melancholy impression which it made on his mind:

"I regret that I am to die in the belief that the useless sacrifice of themselves by the generation of 1776, to acquire self-government and happiness for themselves, is to be thrown away by the unwise. and unworthy passions of their sons, and that my only consolation is to be, that I shall not live to weep over it."

Can any one believe, after listening to this letter, that Jefferson is the author of the so-called Wilmot proviso, or ever favored it? And yet there are at this time strenuous efforts making in the North to form a purely sectional party on it, and that, too, under the sanction of those who profess the highest veneration for his character and principles! But I must speak the truth: while I vindicate the memory of Jefferson from so foul a charge, I hold he is not blameless in reference to this subject. He committed a great error in inserting the provision he did in the plan he reported for the government of the territory, as much modified as it was. It was the first blow-the first essay "to draw a geographical line coinciding with a marked principle, moral and political." It originated with him in philanthropic, but mistaken views of the most dangerous character, as I shall show in the sequel. Others, with very different feelings and views, followed, and have given to it a direction and impetus, which, if not promptly and efficiently arrested, will end in the dissolution of the Union, and the destruction of our political institutions.

I have, I trust, established beyond controversy, that neither the ordinance of 1787, nor the Missouri compromise, nor the precedents growing out of them, nor the authority of Mr. Jefferson, furnishes any evidence whatever to prove that Congress possesses the power over the territory, claimed by those who advocate the 12th section of this bill. But admit, for the sake of argument, that I am mistaken, and that the objections I have urged against them are groundless give them all the force which can be claimed for precedents and they would not have the weight of a feather against the strong presumption which I, at the outset of my remarks, showed to be opposed to the existence of the power. Precedents, even in a court of justice, can have but little weight, except where the law is doubtful, and should have little in a deliberative body in any case on a constitutional question, and none, where the power to which it has been attempted to trace it does not exist, as I have shown, I trust, to be the case in this instance.

But, while I deny that the clause relating to the territory and other property of the United States, confers any governmental, or that Congress possesses absolute power over the territories, I by no means deny that it has any power over them. Such a denial would be idle on any occasion, but much more so on this, when we are engaged in constituting a territorial government, without an objection being whispered from any quarter against our right to do so. If there be any Senator of that opinion, he ought at once to rise and move to lay the bill on the table, or to dispose of it in some other way, so as to prevent the waste of time on a subject upon which we have no right to act. Assuming, then, that we possess the power, the only questions that remain are whence is it derived? and, what is its extent?

As to its origin, I concur in the opinion expressed by Chief Justice Marshall, in one of the cases read by the Senator from New-York, that it is derived from the right of acquiring territory; and I am the more thoroughly confirmed in it from the fact that I entertained the opinion long before I knew it to be his. As to the right of acquiring territory, I agree with the Senator from New-York, that it is embraced, without going further, both in the war and treaty powers. Admitting, then, what has never been denied, and what it would be idle to deny in a discussion which relates to territories acquired both by war and treaties, that the United States have the right to acquire territories, it would seem to follow, by necessary consequence, that they have the right to govern them. As they possess the entire right of soil, dominion, and sovereignty over them, they must necessarily carry with them the right to govern. But this Government, as the sole agent and representative of the United States—that is, the States of the Union in their federal character—must, as such, possess the sole right, if it exists at all. But, if there be any one disposed to take a different view of the origin of the power, I shall make no points with him,—for whatever may be its origin, the conclusion would be the same, as I shall presently show.

But it would be a great error to conclude that Congress has the absolute power of governing the territories, because it has the sole or exclusive power. The reverse is the case. It is subject to many and important restrictions and conditions, of which some are expressed and others implied. Among the former may be classed all the general and absolute prohibitions of the constitution; that is, all those which prohibit the exercise of certain powers under any circumstances. In this class is included the prohibition of granting titles of nobility; passing ex post facto laws and bills of attainder; the suspension of the writ of habeas corpus, except in certain cases; making laws respecting the establishment of religion, or prohibiting its free exercise; and every other of like description, which conclusively shows that the power of Congress over the territories is not absolute. Indeed, it is a great error to suppose that either this or the State Governments possess, in any case, absolute power. Such power can belong only to the supreme ultimate power, called sovereignty, and this, in our system, resides in the people of the several States of the Union. With us, governments, both federal and State, are but agents, or, more properly, trustees, and, as such, possess, not absolute, but subordinate and limited powers; for all powers possessed by such governments must, from their nature, be trust powers, and subject to all the restrictions to which that class of powers are.

Among them, they are restricted to the nature and the objects of the trust; and hence no government under our system, federal or State, has the right to do any thing inconsistent with the nature of the powers intrusted to it, or the objects for which it was intrusted; or to express it in

more usual language, for which it was delegated. To do either would be to pervert the power to purposes never intended, and a violation of the constitution,—and that in the most dangerous way it could be made, because more easily done and less easily detected. But there is another and important class of restrictions which more directly relate to the subject under discussion. I refer to those imposed on the trustees by the nature and character of the party, who constituted the trustees and invested them with the trust powers to be exercised for its benefit. In this case it is the United States, that is, the several States of the Union. It was they who constituted the Government as their representative or trustee, and intrusted it with powers to be exercised for their common and joint benefit. To them in their united character the territories belong, as is expressly declared by the constitution. They are their joint and common owners, regarded as property or land; and in them, severally, reside the dominion and sovereignty over them. They are as much the territories of one State as another of Virginia as of New-York; of the Southern as the Northern States. They are the territories of all, because they are the territories of each; and not of each, because they are the territories of the whole. Add to this the perfect equality of dignity, as well as of rights, which appertain to them as members of a common federal Union,—which all writers on the subject admit to be a fundamental and essential relation between States so united,—and it must be manifest that Congress, in governing the territories, can give no preference or advantage to one State over another, or to one portion or section of the Union over another, without depriving the State or section over which the preference is given, or from which the advantage is withheld, of their clear and unquestionable right, and subverting the very foundation on which the Union and Government rest. It has no more power to do so than to subvert the constitution itself. In deed, the act itself would be subversion. It would destroy the relation of equality on the part of the Southern States, and sink them to mere dependants of the Northern, to the total destruction of the federal Union.

I have now shown, I trust, beyond controversy, that Congress has no power whatever to prevent the citizens of the Southern States from emigrating with their property into the territories of the United States, or to give an exclusive monopoly of them to the North. I now propose to go one step further, and show that neither the inhabitants of the territories nor their legislatures have any such right. A very few words will be sufficient for the purpose; for of all the positions ever taken, I hold that which claims the power for them to be the most absurd. If the territories belong to the United States—if the ownership, dominion and sovereignty over them be in the States of this Union, then neither the inhabitants of the territories, nor their legislatures, can exercise any power but what is subordinate to them but if the contrary could be shown, which I hold to be impossible, it would be subject to all the restrictions, to which I have shown the power of Congress is; and for the same reason, whatever power they might hold, would, in the case supposed, be subordinate to the constitution, and controlled by the nature and character of our political institutions. But if the reverse be true—if the dominion and sovereignty over the territories be in their inhabitants, instead of the United States—they would indeed, in that case, have the exclusive and absolute power of governing them, and might exclude whom they pleased, or what they pleased. But, in that case, they would cease to be the territories of the United States the moment we acquired them and permitted them to be inhabited. The first half-dozen of squatters would become the sovereigns, with full dominion and sovereignty over them; and the conquered people of New Mexico and California would become the sovereigns of the country as soon as they became the territories of the United States, vested with the full right of excluding even their conquerors. There is no escaping from the alternative, but by resorting to the greatest of all absurdities, that of a divided sovereignty—a sovereignty, a part of which would reside in the United States, and a part in the inhabitants of the territory. How can sovereignty—the ultimate and supreme power of a State—be divided? The exercise of the powers of sovereignty may be divided, but how can there be two supreme powers?

We are next told that the laws of Mexico preclude slavery; and assuming that they will remain in force until repealed, it is contended that, until Congress passes an act for their repeal, the citizens of the South cannot emigrate with their property into the territory acquired from her. I admit the laws of Mexico prohibit, not slavery, but slavery in the form it exists with us. The Puros are as much slaves as our negroes, and are less intelligent and well treated. But, I deny that the laws of Mexico can have the effect attributed to them. As soon as the treaty between the two countries is ratified, the sovereignty and authority of Mexico in the territory acquired by it becomes extinct, and that of the United States is substituted in its place,―carrying with it the constitution, with its overriding control, over all the laws and institutions of Mexico inconsistent with it. It is true, the municipal laws of the territory not inconsistent with the condition and the nature of our political system would, according to the writers on the laws of nations, remain, until changed,—not as a matter of right, but merely of sufferance, and as between the inhabitants of territory, in order to avoid a state of anarchy, before they can be brought under our laws. This is the utmost limit to which sufferance goes. Under it the peon system would continue; but not to the exclusion of such of our citizens as may choose to emigrate with their slaves or other property, that may be excluded by the laws of Mexico. The humane provisions of the laws of nations go no further than to protect the inhabitants in their property and civil rights, under their former laws, until others can be substituted. To extend them further and give them the force of excluding emigrants from the United States, because their property or religion are such as are prohibited from being introduced by the laws of Mexico, would not only prevent a great majority of the people of the United States from emigrating into the acquired territory, but would give a higher authority to the extinct power of Mexico over the territory than to our actual authority over it. I say the great majority, for the laws of Mexico not only prohibit the introduction of slaves, but of many other descriptions of property, and also the Protestant religion, which Congress itself cannot prohibit. To such absurdity would the supposition lead.

I have now concluded the discussion, so far as it relates to the power; and have, I trust, established beyond controversy, that the territories are free and open to all of the citizens of the United States, and that there is no power, under any aspect the subject can be viewed in, by which the citizens of the South can be prevented from emigrating with their property into any of them. I have advanced no argument which I do not believe to be true, nor pushed any one beyond what truth would strictly warrant. But, if mistaken,—if my arguments, instead of being sound and true, as I hold them beyond controversy to be, should turn out to be a mere mass of sophisms, and if in consequence, the barrier opposed by the want of power, should be surmounted, there is another still in the way, that cannot be. The mere possession of power is not, of itself, sufficient to justify its exercise. It must be, in addition, shown that, in the given case, it can be rightfully and justly exercised. Under our system, the first inquiry is: Does the constitution authorize the exercise of the power?

If this be decided in the affirmative, the next is: Can it be rightfully and justly exercised under the circumstances? And it is not, until this, too, is decided in the affirmative, that the question of the expediency of exercising it, is presented for consideration.

Now, I put the question solemnly to the Senators from the North Can you rightly and justly exclude the South from territories of the United States, and monopolize them for yourselves, even if, in your opinion, you should have the power? It is this question I wish to press on your attention with all due solemnity and decorum. The North and the South stand in the relation of partners in a common Union, with equal dignity and equal rights. We of the South have contributed our full share of funds, and shed our full share of blood for the acquisition of our territories. Can you, then, on any principle of equity and justice, deprive us of our full share in their benefit and advantage? Are you ready to affirm that a majority of the partners in a joint concern have the right to monopolize its benefits to the exclusion of the minority, even in cases where they have contributed their full share to the concern? But, to present the case more strongly and vividly, I shall descend from generals to particulars, and shall begin with the Oregon Territory. Our title to it is founded first, and in my opinion, mainly on our purchase of Louisiana; that was strengthened by the Florida treaty, which transferred to us the title also of Spain; and both by the discovery of the mouth of the Columbia river by Capt. Gray, and the exploration of the entire stream, from its source down to its mouth, by Lewis and Clark. The purchase of Louisiana cost fifteen millions of dollars; and we paid Spain five millions for the Florida treaty; making twenty in all. This large sum was advanced out of the common funds of the Union: the South, to say the least, contributing her full share. The discovery was made, it is true, by a citizen of Massachusetts; but he sailed under the flag and protection of the Union, and of course, whatever title was derived from his discovery, accrued to the benefit of the Union. The exploration of Lewis and Clark was at the expense of the Union. We are now about to form it into a territory; the expense of governing which, while it remains so, must be met out of the common fund, and towards which the South must contribute her full share. The expense will not be small. Already there is an Indian war to be put down, and a regiment for that purpose, and to protect the territory, has been ordered there. To what extent the expense may go we know not, but it will, not improbably, involve millions before the territory becomes a State. I now ask, Is it right, is it just—after having contributed our full share for the acquisition of the territory, with the liability of contributing, in addition, our full share of the expense for its government—that we should be shut out of the territory, and be excluded from participating in its benefits? What would be thought of such conduct in the case of individuals? And can that be right and just in Government, which every right-minded man would cry out to be base and dishonest in private life? If it would be so pronounced in a partnership of thirty individuals, how can it be pronounced otherwise in one of thirty States?

The case of our recently acquired territory from Mexico is, if possible, more marked. The events connected with the acquisition are too well known to require a long narrative. It was won by arms, and a great sacrifice of men and money. The South, in the contest, performed her full share of military duty, and earned a full share of military honor; has poured out her full share of blood freely, and has and will bear a full share of the expense; has evinced a full share of skill and bravery, and if I were to say even more than her full share of both, I would not go beyond the truth; to be attributed, however, to no superiority in either respect, but to accidental circumstances, which gave both its officers and soldiers more favorable opportunities for their display. All have done their duty nobly, and high courage and gallantry are but common attributes of our people. Would it be right and just to close a territory thus won against the South, and leave it open exclusively to the North? Would it deserve the name of free soil, if one half of the Union should be excluded and the other half should monopolize it, when it was won by the joint expense and joint efforts of all? Is the great law to be reversed—that which is won by all should be equally enjoyed by all? These are questions which address themselves more to the heart than the head. Feeble must be the intellect which does not see what is right and just, and bad must be the heart, unless unconsciously under the control of deep and abiding prejudice, which hesitates in pronouncing on which side they are to be found. Now, I put the question to the Senators from the North: What are you prepared to do? Are you prepared to prostrate the barriers of the constitution, and in open defiance of the dictates of equity and justice, to exclude the South from the territories and monopolize them for the North? If so, vote against the amendment offered by the Senator from Mississippi (Mr. Davis), and if that should fail, vote against striking out the 12th section. We shall then know what to expect. If not, place us on some ground where we can stand as equals in rights and dignity, and where we shall not be excluded from what has been acquired at the common expense, and won by common skill and gallantry. All we demand is to stand on the same level with yourselves, and to participate equally in what belongs to all. Less we cannot take.

I turn now to my friends of the South, and ask: What are you prepared to do? If neither the barriers of the constitution nor the high sense of right and justice should prove sufficient to protect you, are you prepared to sink down into a state of acknowledged inferiority; to be stripped of your dignity of equals among equals, and be deprived of your equality of rights in this federal partnership of States? If so, you are woefully [sic] degenerated from your sires, and will well deserve to change condition with your slaves;—but if not, prepare to meet the issue. The time is at hand, if the question should not be speedily settled, when the South must rise up, and bravely defend herself, or sink down into base and acknowledged inferiority; and it is because I clearly perceive that this period is favorable for settling it, if it is ever to be settled, that I am in favor of pressing the question now to a decision—not because I have any desire whatever to embarrass either party in reference to the Presidential election. At no other period could the two great parties into which the country is divided be made to see and feel so clearly and intensely the embarrassment and danger caused by the question. Indeed, they must be blind not to perceive that there is a power in action that must burst asunder the ties that bind them together, strong as they are, unless it should be speedily settled. Now is the time, if ever. Cast your eyes to the North, and mark what is going on there; reflect on the tendency of events for the last three years in reference to this the most vital of all questions, and you must see that no time should be lost.

I am thus brought to the question, How can the question be settled? It can, in my opinion, be finally and permanently adjusted but one way, and that is on the high principles of justice and the constitution. Fear not to leave it to them. The less you do the better. If the North and South cannot stand together on their broad and solid foundation, there is none other on which they can. If the obligations of the constitution and justice be too feeble to command the respect of the North, how can the South expect that she will regard the far more feeble obligations of an act of Congress? Nor should the North fear that, by leaving it where justice and the constitution leave it, she would be excluded from her full share of the territories. In my opinion, if it be left there, climate, soil, and other circumstances would fix the line between the slaveholding and non-slaveholding States in about 36° 30'. It may zigzag a little, to accommodate itself to circumstances—sometimes passing to the north, and at others passing to the south of it; but that would matter little, and would be more satisfactory to all, and tend less to alienation between the two great sections, than a rigid, straight, artificial line, prescribed by an act of Congress.

And here, let me say to Senators from the North;—you make a great mistake in supposing that the portion which might fall to the south of whatever line might be drawn, if left to soil, and climate, and circumstances to determine, would be closed to the white labor of the North, because it could not mingle with slave labor without degradation. The fact is not so. There is no part of the world where agricultural, mechanical, and other descriptions of labor are more respected than in the South, with the exception of two descriptions of employment—that of menial and body servants. No Southern man—not the poorest or the lowest will, under any circumstance, submit to perform either of them. He has too much pride for that, and I rejoice that he has. They are unsuited to the spirit of a freeman. But the man who would spurn them feels not the least degradation to work in the same field with his slave; or to be employed to work with them in the same field or in any mechanical operation; and, when so employed, they claim the right—and are admitted, in the country portion of the South of sitting at the table of their employers. Can as much, on the score of equality, be said of the North. With us the two great divisions of society are not the rich and poor, but white and black; and all the former, the poor as well as the rich, belong to the upper class, and are respected and treated as equals, if honest and industrious; and hence have a position and pride of character of which neither poverty nor misfortune can deprive them.

But I go further, and hold that justice and the constitution are the easiest and safest guard on which the question can be settled, regarded in reference to party. It may be settled on that ground simply by non-action—by leaving the territories free and open to the emigration of all the world, so long as they continue so, and when they become States, to adopt whatever constitution they please, with the single restriction, to be republican, in order to their admission into the Union. If a party cannot safely take this broad and solid position and successfully maintain it, what other can it take and maintain? If it cannot maintain itself by an appeal to the great principles of justice, the constitution, and self-government, to what other, sufficiently strong to uphold them in public opinion, can they appeal? I greatly mistake the character of the people of this Union, if such an appeal would not prove successful, if either party should have the magnanimity to step forward, and boldly make it. It would, in my opinion, be received with shouts of approbation by the patriotic and intelligent in every quarter. There is a deep feeling pervading the country that the Union and our political institutions are in danger, which such a course would dispel, and spread joy over the land.

Now is the time to take the step, and bring about a result so devoutly to be wished. I have believed, from the beginning, that this was the only question sufficiently potent to dissolve the Union, and subvert our system of government; and that the sooner it was met and settled, the safer and better for all. I have never doubted but that, if permitted to progress beyond a certain point, its settlement would become impossible, and am under deep conviction that it is now rapidly approaching it, and that if it is ever to be averted, it must be done speedily. In uttering these opinions I look to the whole. If I speak earnestly, it is to save and protect all. As deep as is the stake of the South in the Union and our political institutions, it is not deeper than that of the North. We shall be as well prepared and as capable of meeting whatever may come, as you.

Now, let me say, Senators, if our Union and system of government are doomed to perish, and we to share the fate of so many great people who have gone before us, the historian, who, in some future day, may record the events ending in so calamitous a result, will devote his first chapter to the ordinance of 1787, lauded as it and its authors have been, as the first of that series which led to it. His next chapter will be devoted to the Missouri compromise, and the next to the present agitation. Whether there will be another beyond, I know not. It will depend on what we may do.

If he should possess a philosophical turn of mind, and be disposed to look to more remote and recondite causes, he will trace it to a proposition which originated in a hypothetical truism, but which, as now expressed and now understood, is the most false and dangerous of all political errors. The proposition to which I allude, has become an axiom in the minds of a vast many on both sides of the Atlantic, and is repeated daily from tongue to tongue, as an established and incontrovertible truth; it is,—that "all men are born free and equal." I am not afraid to attack error, however deeply it may be intrenched, or however widely extended, whenever it becomes my duty to do so, as I believe it to be on this subject and occasion.

Taking the proposition literally (it is in that sense it is understood), there is not a word of truth in it. It begins with "all men are born," which is utterly untrue. Men are not born. Infants are born. They grow to be men. And concludes with asserting that they are born “free and equal,” which is not less false. While infants they are incapable of freedom, being destitute alike of the capacity of thinking and acting, without which there can be no freedom. Besides, they are necessarily born subject to their parents, and remain so among all people, savage and civilized, until the development of their intellect and physical capacity enables them to take care of themselves. They grow to all the freedom of which the condition in which they were born permits, by growing to be men. Nor is it less false that they are born "equal." They are not so in any sense in which it can be regarded; and thus, as I have asserted, there is not a word of truth in the whole proposition, as expressed and generally understood.

If we trace it back, we shall find the proposition differently expressed in the Declaration of Independence. That asserts that "all men are created equal." The form of expression, though less dangerous, is not less erroneous. All men are not created. According to the Bible, only two—a man and a woman—ever were—and of these one was pronounced subordinate to the other. All others have come into the world by being born, and in no sense, as I have shown, either free or equal. But this form of expression being less striking and popular, has given way to the present, and under the authority of a document put forth on so great an occasion, and leading to such important consequences, has spread far and wide, and fixed itself deeply in the public mind. It was inserted in our Declaration of Independence without any necessity. It made no necessary part of our justification in separating from the parent country, and declaring ourselves independent. Breach of our chartered privileges, and lawless encroachment on our acknowledged and well-established rights by the parent country, were the real causes,—and of themselves sufficient, without resorting to any other, to justify the step. Nor had it any weight in constructing the governments which were substituted in the place of the colonial. They were formed of the old materials and on practical and well-established principles, borrowed for the most part from our own experience and that of the country from which we sprang.

If the proposition be traced still further back, it will be found to have been adopted from certain writers on government who had attained much celebrity in the early settlement of these States, and with those writings all the prominent actors in our revolution were familiar. Among these, Locke and Sydney were prominent. But they expressed it very differently. According to their expression, "all men in the state of nature were free and equal." From this the others were derived; and it was this to which I referred when I called it a hypothetical truism;—to understand why, will require some explanation.

Man, for the purpose of reasoning, may be regarded in three different states: in a state of individuality; that is, living by himself apart from the rest of his species. In the social; that is, living in society, associated with others of his species. And in the political; that is, living under government. We may reason as to what would be his rights and duties in either, without taking into consideration whether he could exist in it or not. It is certain, that in the first, the very supposition that he lived apart and separated from all others would make him free and equal. No one in such a state could have the right to command or control another. Every man would be his own master, and might do just as he pleased. But it is equally clear, that man cannot exist in such a state; that he is by nature social, and that society is necessary, not only to the proper development of all his faculties, moral and intellectual, but to the very existence of his race. Such being the case, the state is a purely hypothetical one; and when we say all men are free and equal in it, we announce a mere hypothetical truism; that is, a truism resting on a mere supposed state that cannot exist, and of course one of little or no practical value.

But to call it a state of nature was a great misnomer, and has led to dangerous errors; for that cannot justly be called a state of nature which is so opposed to the constitution of man as to be inconsistent with the existence of his race and the development of the high faculties, mental and moral, with which he is endowed by his Creator.

Nor is the social state of itself his natural state; for society can no more exist without government, in one form or another, than man without society. It is the political, then, which includes the social, that is his natural state. It is the one for which his Creator formed him,—into which he is impelled irresistibly,—and in which only his race can exist and all its faculties be fully developed.

Such being the case, it follows that any, the worst form of government, is better than anarchy; and that individual liberty, or freedom, must be subordinate to whatever power may be necessary to protect society against anarchy within or destruction without; for the safety and well-being of society is as paramount to individual liberty, as the safety and well-being of the race is to that of individuals; and in the same proportion the power necessary for the safety of society is paramount to individual liberty. On the contrary, government has no right to control individual liberty beyond what is necessary to the safety and well-being of society. Such is the boundary which separates the power of government and the liberty of the citizen or subject in the political state, which, as I have shown, is the natural state of man—the only one in which his race can exist, and the one in which he is born, lives, and dies.

It follows from all this that the quantum of power on the part of the government, and of liberty on that of individuals, instead of being equal in all cases, must necessarily be very unequal among different people, according to their different conditions. For just in proportion as a people are ignorant, stupid, debased, corrupt, exposed to violence within, and danger from without, the power necessary for government to possess, in order to preserve society against anarchy and destruction, becomes greater and greater, and individual liberty less and less, until the lowest condition is reached, when absolute and despotic power becomes necessary on the part of the government, and individual liberty extinct. So, on the contrary, just as a people rise in the scale of intelligence, virtue, and patriotism, and the more perfectly they become acquainted with the nature of government, the ends for which it was ordered, and how it ought to be administered, and the less the tendency to violence and disorder within, and danger from abroad,—the power necessary for government becomes less and less, and individual liberty greater and greater. Instead, then, of all men having the same right to liberty and equality, as is claimed by those who hold that they are all born free and equal, liberty is the noble and highest reward bestowed on mental and moral development, combined with favorable circumstances. Instead, then, of liberty and equality being born with men,—instead of all men and all classes and descriptions being equally entitled to them, they are high prizes to be won, and are in their most perfect state, not only the highest reward that can be bestowed on our race, but the most difficult to be won, and when won, the most difficult to be preserved.

They have been made vastly more so by the dangerous error I have attempted to expose,—that all men are born free and equal,—as if those high qualities belonged to man without effort to acquire them, and to all equally alike, regardless of their intellectual and moral condition. The attempt to carry into practice this, the most dangerous of all political errors, and to bestow on all—without regard to their fitness either to acquire or maintain liberty—that unbounded and individual liberty supposed to belong to man in the hypothetical and misnamed state of nature, has done more to retard the cause of liberty and civilization, and is doing more at present, than all other causes combined. While it is powerful to pull down governments, it is still more powerful to prevent their construction on proper principles. It is the leading cause among those which have placed Europe in its present anarchical condition, and which mainly stands in the way of reconstructing good governments in the place of those which have been overthrown,—threatening thereby the quarter of the globe most advanced in progress and civilization with hopeless anarchy,—to be followed by military despotism. Nor are we exempt from its disorganizing effects. We now begin to experience the danger of admitting so great an error to have a place in the declaration of our independence. For a long time it lay dormant; but in the process of time it began to germinate, and produce its poisonous fruits. It had strong hold on the mind of Mr. Jefferson, the author of that document, which caused him to take an utterly false view of the subordinate relation of the black to the white race in the South; and to hold, in consequence, that the latter, though utterly unqualified to possess liberty, were as fully entitled to both liberty and equality as the former; and that to deprive them of it was unjust and immoral. To this error, his proposition to exclude slavery from the territory northwest of the Ohio may be traced, and to that the ordinance of 1787,—and through it the deep and dangerous agitation which now threatens to ingulf, and will certainly ingulf, if not speedily settled, our political institutions, and involve the country in countless woes.

SOURCE: Richard K. Crallé, Editor, Speeches of John C. Calhoun Delivered in the House of Representatives and in the Senate of the United States, Vol. 4, p. 479-512