I wish to say one or two words at this point of the debate,
and to bring the attention of the Senate distinctly to the issue made by the
senator from Wisconsin, (Mr. WALKER.) I understand, in any point of view in
which this subject can be regarded, that if you obliterate or abolish what is
called the Missouri Compromise line, you at least place upon an equality
Nebraska, Utah, and New Mexico.
Now, northern gentlemen—I do not speak of the senator from
Wisconsin particularly, but many gentlemen of the North—were reconciled to vote
for the territorial governments given to Utah and New Mexico upon the ground
that the Spanish law excluded slavery there. Suppose we ask to have the
Missouri line obliterated, and give to the territorial government of Nebraska
the right to determine this subject for themselves, and by that obliteration
the old French law should be restored; would that not be fair? Gentlemen were
willing to restore the old law when it excluded slavery and were willing to
trust the territorial legislation under that law. But they are not willing to
prohibit this Missouri restriction and confer upon the territorial legislature
of Nebraska the power to regulate slavery when the old law, which it's said
will be here revived, admits slavery. Congress, as the representative of
sovereignty, has all the constitutional power over the subject; and, in parting
with it to a territorial legislature, it appoints an administrator to discharge
legislative functions, controllable by the constitution.
This, sir, is a fair and practical view of the subject. In
Utah and New Mexico, the Mexican law, it was said, excluded slavery, and
gentlemen then were willing to give exactly the same provisions to those
Territories which are given in the bill under consideration. In Nebraska and
Kansas, according to the view of the gentleman—I do not admit it, I do not
believe one word of it—the French law is revived, and will establish slavery;
and that being so, they are not willing to trust the people of these
Territories at all upon the same subject. They are willing to make fish of one
and flesh of another. I have not the least idea that the effect would be such
as the gentleman supposes; but I am only showing the manner in which these
issues are made. So long as the law is one way they are willing to go for one
system; and when, in their opinion, it is another way, they are not willing to
apply the same system. It is not fair to apply the same provisions in both
cases.
Now, sir, I have not the least idea that, under the
plenitude of the language of this bill, the territorial legislature may not
act. The honorable senator from Connecticut [Mr. TOUCEY] put that in a very
clear point of view. The truth is that both the Utah and New Mexico bills, and
this bill, as I understand, are designed to make a blank leaf, and to give to
the territorial legislature all the authority on the subject, whether there is
French or Mexican law intervening. That is the fair meaning of it. Yet, though
gentlemen were willing to give this power to a territorial government under
Mexican law, they are not willing to give a territorial government the same
power under the French law. Gentlemen cannot escape these two positions.
Sir, when I stand here as a southern man, I feel humiliated
when I hear threats made that, unless we come to the terms of gentlemen, they
will reopen this agitation until they expel us from every Territory of the
Union, and even abolish the slave trade between the States. Sir, I am her to
legislate to the best of my ability, in good faith, to preserve the
institutions of the country; and yet I am threatened that if I do not do so and
so the North will abolish slavery in the District of Columbia; and that they will
assume a jurisdiction equal to their numerical power and strength; and that
northern justice is not to be trusted. I do not believe one word of it.
But, sir, no man can stand up and read what I read in a
paper this morning without indignation. It does not emanate, I know, from the
gentleman who sits near me, [Mr. WALKER] for he has a heart incapable of it.
But sir, I read this morning, what made my blood boil, that if this discussion
went on and this bill were passed, the South should not only be prepared to
give up all their power and surrender every inch of territory which they might
claim for slavery, but that the scenes of San Domingo should be introduced, and
their wives and daughters subjected to the lust of the black man. Sir, to such
a state of things would the spirit of demonic agitation be reconciled. I read
that statement in a New York paper to-day. I say to my neighbor, and senator
from Wisconsin, who sits near me and for whom I have great respect, let him not
make threats of that kind to me. I am willing to conduct this discussion in
harmony, but when I am told that the scenes of San Domingo are to be opened to
all the southern States, and our wives and daughters are to be subjected to the
lust of the black man—my God! can it be that I sand in the Senate of the United
States?
Mr. CASS. Will the honorable senator allow me to ask him if
he does not give too much importance to these matters? Did not the very paper
to which he refers abuse us all like pickpockets and rascals, over and over
again? It does not speak for the North.
Mr. BUTLER. I believe
it.
Mr. CASS. As a western
man, I disavow its authority in toto.
Mr. BUTLER. I know
you do, sir. You are a statesman, and have the sentiments of a Christian, and
look to events with the views of an American statesman, and I know that my
neighbor from Wisconsin has no such idea. No statesman could utter such
sentiments, or dare to carry them out. But when the threat is made, and I am
required to legislate under duress, per
minas, I do feel that it was unfortunately introduced. I say this in all
kindness; for though my manner may be impetuous, I have nothing but a kind
feeling towards those who differ from my honestly. I have thus far endeavored
to control my language. I have used none except upon general topics, and I have
used no language of personal resentment towards any one, believing it would
defeat its end. I must say, however that these are not matters which are to be
lightly passed over. Whatever may be the fate of this bill—and I do not much
care what it may be—my deliberate judgment is, that if this discussion is
conducted fairly, the North and South will be reconciled to return to the
original principles on which this government was administered; and the sooner
their differences are reconciled the better.
Now, what could the North gain by excluding us from these
Territories? If two States should ever come into the union from them, it is
very certain that not more than one of them could, in any possible event, be a
slaveholding state; and I have not the least idea that even one would be. Perhaps
some good people will go there, and carry with them their old negroes and a few
personal servants. Now, who would go and disturb a poor old negro reposing
happily under the government of a hereditary master? Who would disturb the
relation existing between a good master and his personal servant, willing to
live contented with those whose habits and principles and feelings he understood?
None, sir, but a criminal agitator, and one who does not understand the
responsibility of his position when he undertakes to agitate matters of this
kind.
I shall make no unkind remarks in reference to the senator
from Ohio. He has disavowed that he had any knowledge of the resolution which
was so justly commented upon by my friend from North Carolina this morning.
Sir, this is enough for me. I never ask of a senator on this floor anything but
a disavowal. He has said so, and, I believe it; and that is enough. Allow me to
say, however, although he may not have the design of putting the torch to the
temple of this confederacy, and becoming the incendiary himself, yet there is a
crassa negligentia which, in using
fire, may burn it down by his agency, though without his consent. How did that
document come here? Through his hands. Did he revise it? He has said not; yet a
paper of that kind was presented in the Senate of the United States, and an
extract from it made and published in an abolition paper. How did that
abolition paper get that extract? Not from the senator, of course, for he says
not.
Mr. President, these are topics which have always touched me
more deeply than anything like sectional power. As far as I am concerned, I
must say that I do not expect this bill is to give us of the South anything,
but merely to accommodate something like the sentiment of the South. It will,
however, I hope, reconcile both the North and the South; and when that
desirable end can be effected, why should it not be? The honorable senator from
Wisconsin objects to the application of this law to territory acquired from
France. Was he not willing to apply it to territory acquired from Mexico? What
difference is there, except that the previous law in once case excluded, and in
the other admitted slavery? Now, I believe that, under the provisions of this
bill, and of the Utah and New Mexico bills, there will be a perfect carté-blanche given to
the territorial legislature to legislate as they may think proper. I am
willing, as I have said before, to trust discretion, and honestly, and good
faith of the people upon whom we devolve this power; but I can never consent
that they can take it of themselves, or that it belongs to them without our
delegating it; for I think they are our deputies—limited, controllable deputies—not
squatter sovereigns.
I am willing to say that the people of the territories of Nebraska
and Kansas shall be deputed by Congress to pass such laws as may be within
their constitutional competency to pass, and nothing more. Is not that an
honorable, fair, liberal trust to an intelligent people? I am willing to trust
them. I have been willing to trust them in Utah and New Mexico, where the
Mexican law prevailed, and I am willing to trust them in Nebraska and Kansas,
where the French law, according to the ideas of the gentleman, may possibly be
revived.
But the gentleman said that he would sooner cut off his
right arm than allow this institution to be revived in these territories, under
the operation of the Spanish law, as I understood him. Now, I am willing to
trust the territorial Legislatures to that extent; not, I must say, because I
concur in the proposition that that delegation, that deputization, that lieutenancy of power which we confer on them
shall not be controllable. I think that justice to myself requires that I
should say that, if their action was flagrantly in violation of the
constitution of the United States, I should insist upon its being controlled. I
have said, however, as a southern man, that I am willing to make this advance towards
restoring something like the harmony which once existed in this glorious
republic. I do not believe it is anything but an advance to the sentiment of
honor. I do not believe it is going to confer on the South any power. The North
have the power, and we cannot take it from them; but if they had magnanimity
with it, they would not use the language of reproach and threats and contumely.
The belief that a deluded people cannot be informed is a mistake—that a tainted
sentiment may not be saved from the putrefaction.
The senator has told us what dire consequences are to come
in the future. Let them come. The sooner I know my fate under the threats which
are made here the better for me. I shall not live, perhaps, to see the day when
they will be fulfilled; but I have those dear to me who may be affected by
them; and if I were upon my death-bed, I should inculcate upon them the
necessity of standing true to the lessons of self-respect. I would tell every
child, I would tell every relations I have, to perish sooner than to submit to
the injustice which many seem disposed to heap upon them. But, sir, enough of
this. I have not the least idea that the northern people, if fairly appealed
to, would confirm the verdict indicated by some of their representatives. I
have confidence in the public mind when it is fairly enlightened by
intelligence and free discussion. I have read history, sir, and I know that any
one who has peculiar notions, and cannot elevate his mind above the prevailing
sentiment of the day, is not capable of understanding the distinctions of
society. I am not one of those who are so partial as to make an ex parte decision. I had not the least
idea of making this speech, Mr. President, but when I thought it fair, after
what my neighbor [Mr. WALKER] had said, to say that much.
Mr. WALKER. Mr.
President, I fear that hereafter when this debate shall be read, great
injustice will be done to me, unless the senator from South Carolina Corrects
his remarks; and I ask him to do it.
Mr. BUTLER. Not one
word, as far as I think now.
Mr. WALKER. But I
will satisfy the senator that, in justice to me, he ought to do it.
Mr. BUTLER. Certainly,
then, I would do so.
Mr. WALKER. Any one
who will read the senator’s remarks as he has delivered them, without reading
what I said, would come to the conclusion that I had threatened him and his
southern colleagues in the Senate. Now, what did I let fall from my lips which
sounded like it? I, in the kindest terms which I knew how to use, spoke in warning
to the South. I spoke in warning of what I thought might arise, and what I
endeavored to express my great deprecation of, and which, as I said, I would
greatly deplore. Yet the senator’s speech will appear as charging me with
having stood up here and threatened men that, if they passed this bill, slavery
should be abolished in the District of Columbia, the internal slave-trade between
the States should be abolished, and the Wilmot proviso set up in the
Territories. I never made any such threat, or intimated for an instant that I
would be an advocate of any such thing. That, however, will be the construction
of the senator’s speech.
Mr. BUTLER. Then
allow me to put that right. I wish to be understood exactly in this way; that I
expressly said I did not believe it of him, but that he was one of those who
was beating the drum to make others fight.
Mr. WALKER. No; you
did not say that at all, nor intimate it.
Mr. BUTLER. I said
that the gentleman did not undertake to say that he would do the things which he
mentioned; for I do not believe he would. I do not undertake to say that the
North would do them; but he said that you might introduce such a state of
things as would induce the North to do them. Is not that so?
Mr. WALKER. I said,
what I shall continue to say, that I fear the result of this agitation being opened
again. I fear it for myself—
Mr. BUTLER. I am not
afraid of it.
Mr. WALKER. I fear it
for those who are disposed to stand by the peace which was made in 1850. Why,
sir, what harm was being done to our southern friends at the opening of this
session of Congress? What agitation existed? Who was proposing any agitation? I
am not threatening the honorable senator; God forbid that I should I never
threaten. I know he is the last man to be moved by threats. He need not have
posted of that here, for I know it was well as he.
Let me state another fact, however, to show how necessary it
is for him to revise his remarks. Who that will read them will not suppose that
I, who am his nearest neighbor in the Senate, expressly stated that I was
willing to sacrifice my right arm rather than establish slavery, when in fact,
I was simply quoting the language of Mr. Clay himself a slaveholder.
Mr. BUTLER. Did you
not adopt it?
Mr. WALKER. You do
not ask it expressly, I know, but you do impliedly.
SOURCES: The Congressional Globe, Vol. 23 (1854), p. 292-3; The Daily Union, Washington, D. C., Thursday
Morning, March 23, 1854, p. 8