Showing posts with label Popular Sovereignty. Show all posts
Showing posts with label Popular Sovereignty. Show all posts

Friday, July 13, 2018

Salmon P. Chase to John Denison Baldwin, Esq,* Worcester Mass., August 20, 1860

Columbus, Aug 20h [1860]

Dear Sir, Yours of the 11th reached me yesterday on my return from Michigan; & I hasten to thank you for the expressions of regard & confidence which it contains.

It would be a vain attempt were I to try to correct all or a very small part of the misrepresentations or misconceptions of my views which find their way into the Press: & I do not think it worth while to make the effort in respect to these to which you call my attention.

Fortunately I have no new opinions to express on any question connected with Nationalized Slavery. In my speech on Mr. Clay's compromise Resolutions in 1850, I distinctly stated my views in respect to legislative prohibition of Slavery in Territories. You will find this speech in the Congressional Globe Appendix, 1849-50, and this particular question discussed on page 478. I reaffirmed the same views in the Nebraska-Kansas Debate; & I have seen no occasion to change them. They are now substantially embodied in the Republican National Platform.

In respect to the organization of Territorial Governments I think Mr. Jefferson's plan of 1784 the better plan. It contemplated the prohibition of Slavery, as did the plan subsequently adopted, but it left more both in Organization & Administration to the people. The great objections to the “Territorial bills” of last winter, to which you refer, were in my judgment that they did not contain so distinct and explicit prohibition of Slavery, & that they did provide for the appointment of Territorial Officers by the Administration; which was equivalent to giving them pro-slavery Governors, Judges &c. To these bills I certainly preferred Mr. Thayer's Land District Bills: & I should have preferred bills framed on the plan of Jefferson, but with larger freedom of Legislation, to either.

I regret very much to hear of the feeling which exists in the Worcester District in regard to Mr. Thayer. I have but a slight personal acquaintance with him, but that acquaintance impressed me with a belief that he is sincere, earnest, & able. He has certainly rendered great service to the cause of Freedom. His plan of Organized Emigration contributed largely to save Kansas from Slavery. And if he now pushes his ideas too far in the direction of absolutely unlimited control by the settlers of a territory over every matter within their own limits whether national in its reach & consequences or not, it should be remembered that nothing is more certain than that the ripening convictions of the people favor — not the substitution of Presidential Intervention for Slavery, in place of Congressional Intervention against Slavery, which is the sole achievement of the Douglas Nebraska Scheme — but the admission of a far larger measure of true Popular Sovereignty, — fully harmonized with the fundamental principles of Human Rights, in the organization of Territorial Governments.

I write this for your own satisfaction, & because your kind letter calls for a frank response; I do not write for publication: because no opinions of individuals at this time are important enough to be thrust before the public. We are engaged in a great struggle upon a great issue fairly joined through our National Convention. God forbid that any personal strifes should endanger the Cause! Let us gain the victory; & I am sure that there will be then no difficulty in so harmonizing views, by honest endeavors to satisfy each others reasonable demands, as to secure that after success without which the preliminary success at the November Polls will be of little value.
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* From letter-book 7, pp. 68-70. John Denison Baldwin 1809-1883; journalist at this time, owner and editor of the Worcester Spy; member of Congress 1863-1869.

SOURCE: Diary and correspondence of Salmon P. ChaseAnnual Report of the American Historical Association for the Year 1902, Vol. 2, p. 289-90

Sunday, September 11, 2016

Speech of James Henry Hammond: March 4, 1858

ON THE ADMISSION OF KANSAS, UNDER THE LECOMPTON CONSTITUTION. DELIVERED IN THE SENATE OF THE UNITED STATES, MARCH 4, 1858.

The Senate, as in Committee of the Whole, having under consideration the bill for the admission of the State of Kansas in the Union — Mr. Hammond said:

Mr. President: In the debate which occurred in the early part of the last month, I understood the Senator from Illinois (Mr. Douglas) to say that the question of the reception of the Lecompton Constitution was narrowed down to a single point. That point was, whether that constitution embodied the will of the people of Kansas. Am I correct?

Mr. Douglas. The Senator is correct, with this qualification: I could waive the irregularity and agree to the reception of Kansas into the Union under the Lecompton Constitution, provided I was satisfied that it was the act and deed of that people, and embodied their will. There are other objections; but the others I could overcome, if this point were disposed of.

Mr. Hammond. I so understood the Senator. I understood that if he could be satisfied that this Constitution embodied the will of the people of Kansas, all other defects and irregularities could be cured by the act of Congress, and that he himself would be willing to permit such an act to be passed.

Now, sir, the only question is, how is that will to be ascertained, and upon that point, and that only, shall we differ. In my opinion the will of the people of Kansas is to be sought in the act of her lawful convention elected to form a Constitution, and no where else; and that it is unconstitutional and dangerous to seek it elsewhere. I think that the Senator fell into a fundamental error in his report dissenting from the report of the majority of the territorial committee, when he said that the convention which framed this Constitution was “the creature of the Territorial Legislature;” and from that one error has probably arisen all his subsequent errors on this subject.

How can it be possible that a convention should be the creature of a Territorial Legislature? The convention was an assembly of the people in their highest sovereign capacity, about to perform their highest possible act of sovereignty. The Territorial Legislature is a mere provisional government; a petty corporation, appointed and paid by the Congress of the United States, without a particle of sovereign power. Shall such a body interefere with a sovereignty — inchoate, but still a sovereignty? Why, Congress cannot interfere; Congress cannot confer on the Territorial Legislature the power to interfere. Congress itself is not sovereign. Congress has sovereign powers, but no sovereignty. Congress has no power to act outside of the limitations of the Constitution; no right to carry into effect the Supreme Will of any people, and, therefore, Congress is not sovereign. Nor does Congress hold the sovereignty of Kansas. The sovereignty of Kansas resides, if it resides anywhere, with the sovereign States of this Union. They have conferred upon Congress, among other powers, that to administer such sovereignty to their satisfaction. They have given Congress the power to make needful rules and regulations regarding the Territories, and they have given it power to admit a State — admit not create. Under these two powers, Congress may first establish a provisional territorial government merely for municipal purposes; and when a State has grown into rightful sovereignty, when that sovereignty which has been kept in abeyance demands recognition, when a community is formed there, a social compact established, a sovereignty born as it were on the soil, then to Congress is granted the power to acknowledge it, and the Legislature, only by mere usage, sometimes neglected, assists at the birth of it by passing a precedent resolution assembling a convention.

But when that convention assembles to form a Constitution, it assembles in the highest known capacity of a people, and has no superior in this Government but a State sovereignty; or rather only the State sovereignties of all the States, acting by their established Constitutional agent the General Government, can do anything with the act of that convention. Then if that convention was lawful, if there is no objection to the convention itself, there can be no objection to the action of the convention; and there is no power on earth that has a right to inquire, outside of its acts, whether the convention represented the will of the people of Kansas or not, for a convention of the people is, according to the theory of our Government, for all the purposes for which the people elected it, the people, bona fide, being the only way in which all the people can assemble and act together. I do not doubt that there might be some cases of such gross and palpable frauds committed in the formation of a convention, as might authorize Congress to investigate them, but I can scarcely conceive of any. And when a State knocks at the door for admission, Congress can with propriety do little more than inquire if her Constitution is republican. That it embodies the will of her people must necessarily be taken for granted, if it is their lawful act. I am assuming, of course, that her boundaries are settled, and her population sufficient.

If what I have said be correct, then the will of the people of Kansas is to be found in the action of her constitutional convention. It is immaterial whether it is the will of a majority of the people of Kansas now, or not. The convention was, or might have been, elected by a majority of the people of Kansas. A convention, elected in June, might well frame a Constitution that would not be agreeable to a majority of the people of a new State, rapidly filling up, in the succeeding January; and if Legislatures are to be allowed to put to vote the acts of a convention, and have them annulled by a subsequent influx of immigrants, there is no finality. If you were to send back the Lecompton Constitution, and another was to be framed, in the slow way in which we do public business in this country, before it would reach Congress and be accepted, perhaps the majority would be turned the other way. Whenever you go outside of the regular forms of law and constitutions to seek for the will of the people you are wandering in a wilderness — a wilderness of thorns.

If this was a minority constitution I do not know that that would be an objection to it. Constitutions are made for minorities. Perhaps minorities ought to have the right to make constitutions, for they are administered by majorities. The Constitution of this Government was made by a minority, and as late as 1840 a minority had it in their hands, and could have altered or abolished it; for, in 1840, six out of the twenty-six States of the Union held the numerical majority.

The Senator from Illinois has, upon his view of the Lecompton Constitution and the present situation of affairs in Kansas, raised a cry of “popular sovereignty.” The Senator from New York (Mr. Seward) yesterday made himself facetious about it, and called it, “squatter sovereignty.” There is a popular sovereignty which is the basis of our Government, and I am unwilling that the Senator should have the advantage of confounding it with “squatter sovereignty.” In all countries and in all time, it is well understood that the numerical majority of the people could, if they chose, exercise the sovereignty of the country; but for want of intelligence, and for want of leaders, they have never yet been able successfully to combine and form a stable, popular government. They have often attempted it, but it has always turned out, instead of a popular sovereignty, a populace sovereignty; and demagogues, placing themselves upon the movement, have invariably led them into military despotism.

I think that the popular sovereignty which the Senator from Illinois would derive from the acts of his Territorial Legislature, and from the information received from partisans and partisan presses, would lead us directly into populace, and not popular sovereignty. Genuine popular sovereignty never existed on a firm basis except in this country. The first gun of the Revolution announced a new organization of it which was embodied in the Declaration of Independence, developed, elaborated, and inaugurated forever in the Constitution of the United States. The two pillars of it were Representation and the Ballot-box. In distributing their sovereign powers among various Departments of the Government, the people retained for themselves the single power of the ballot-box; and a great power it was. Through that they were able to control all the Departments of the Government. It was not for the people to exercise political power in detail; it was not for them to be annoyed with the cares of Government; but, from time to time, through the ballot-box, it was for them — enough — to exert their sovereign power and control the whole organization. This is popular sovereignty, the popular sovereignty of a legal constitutional ballot-box; and when spoken through that box, the “voice of the people,” which for all political purposes, “is the voice of God;” but when it is heard outside of that, it is the voice of a demon, the tocsin of a reign of terror.

In passing I omitted to answer a question that the Senator from Illinois has, I believe, repeatedly asked; and that is, what were the legal powers of the Territorial Legislature after the formation and adoption of the Lecompton Constitution? The Kansas Convention had nothing to do with the Territorial Legislature, which was a provisional government almost without power, appointed and paid by this Government. The Lecompton Constituton was the act of a people, and the sovereign act of a people legally assembled in convention. The two bodies moved in different spheres and on different planes, and could not come in contact at all without usurpation on the one part or the other. It was not competent for the Lecompton Constitution to overturn the territorial government and set up a government in place of it, because that Constitution, until acknowledged by Congress, was nothing; it was not in force anywhere. It could well require the people of Kansas to pass upon it or any portion of it; it could do whatever was necessary to perfect that Constitution, but nothing beyond that, until Congress had agreed to accept it. In the mean time the territorial government, always a government ad interim, was entitled to exercise all the sway over the Territory that it ever had been entitled to. The error of assuming, as the Senator did, that the convention was the creature of the territorial government, has led him into the difficulty and confusion resulting from connecting these two governments together. There was no power to govern in the convention until after the adoption by Congress of its Constitution, and then it was of course defunct.

As the Senator from Illinois, whom I regard as the Ajax Telamon of this debate, does not press the question of frauds, I shall have little or nothing to say about them. The whole history of Kansas is a disgusting one, from the beginning to the end. I have avoided reading it as much as I could. Had I been a Senator before, I should have felt it my duty, perhaps, to have done so; but not expecting to be one, I am ignorant, fortunately, in a great measure, of details; and I was glad to hear the acknowledgement of the Senator from Illinois, since it excuses me from the duty of examining them.

I hear, on the other side of the Chamber, a great deal said about “gigantic and stupendous frauds;” and the Senator from New York, in portraying the character of his party and the opposite one, laid the whole of those frauds upon the pro-slavery party. To listen to him, you would have supposed that the regiments of immigrants recruited in the purlieus of the great cities of the North, and sent out, armed and equipped with Sharpe's rifles and bowie knives and revolvers, to conquer freedom for Kansas, stood by, meek saints, innocent as doves, and harmless as lambs brought up to the sacrifice. General Lane's lambs! They remind one of the famous “lambs” of Colonel Kirke, to whom they have a strong family resemblance. I presume that there were frauds; and that if there were frauds, they were equally great on all sides; and that any investigation into them on this floor, or by a commission, would end in nothing but disgrace to the United States.

But, sir, the true object of the discussion on the other side of the Chamber, is to agitate the question of slavery. I have very great doubts whether the leaders on the other side really wish to defeat this bill. I think they would consider it a vastly greater victory to crush out the Democratic party in the North, and destroy the authors of the Kansas-Nebraska bill; and I am not sure that they have not brought about this imbroglio for the very purpose. They tell us that year after year the majority in Kansas was beaten at the polls! They have always had a majority, but they always get beaten! How could that be? It does seem, from the most reliable sources of information, that they have a majority, and have had a majority for some time. Why has not this majority come forward and taken possession of the government, and made a free-State constitution and brought it here? We should all have voted for its admission cheerfully. There can be but one reason: if they had brought, as was generally supposed at the time the Kansas-Nebraska act was passed would be the case, a free-State constitution here, there would have been no difficulty among the northern Democrats; they would have been sustained by their people. The statement made by some of them, as I understood, that that act was a good free-State act, would have been verified, and the northern Democratic party would have been sustained. But Kansas coming here a slave State, it is hoped will kill that party, and that is the reason they have refrained from going to the polls; that is the reason they have refrained from making it a free State when they had the power. They intend to make it a free State as soon as they have effected their purpose of destroying by it the Democratic party at the North, and now their chief object here is, to agitate slavery. For one, I am not disposed to discuss that question here in any abstract form. I think the time has gone by for that. Our minds are all made up. I may be willing to discuss it—and that is the way it should be and must be discussed—as a practical thing, as a thing that is, and is to be; and to discuss its effect upon our political institutions, and ascertain how long those institutions will hold together with slavery ineradicable.

The Senator from New York entered very fairly into this field yesterday. I was surprised, the other day, when he so openly said “the battle had been fought and won.” Although I knew, and had long known it to be true, I was surprised to hear him say so. I thought that he had been entrapped into a hasty expression by the sharp rebukes of the Senator from New Hampshire; and I was glad to learn yesterday that his words had been well considered — that they meant all that I thought they meant; that they meant that the South is a conquered province, and that the North intends to rule it. He said that it was their intention “to take this Government from unjust and unfaithful hands, and place it in just and faithful hands;” that it was their intention to consecrate all the Territories of the Union to free labor; end that, to effect their purposes, they intended to reconstruct the Supreme Court.

The Senator said, suppose we admit Kansas with the Lecompton constitution — what guarantees are there that Congress will not again interfere with the affairs of Kansas? meaning, I suppose, that if she abolished slavery, what guarantee there was that Congress would not force it upon her again. So far as we of the South are concerned, you have, at least, the guarantee of good faith that never has been violated. But what guarantee have we, when you have this Government in your possession, in all its departments, even if we submit quietly to what the Senator exhorts us to submit to — the limitation of slavery to its present territory, and even to the reconstruction of the Supreme Court — that you will not plunder us with tariffs; that you will not bankrupt us with internal improvements and bounties on your exports; that you will not cramp us with navigation laws, and other laws impeding the facilities of transportation to southern produce? What guarantee have we that you will not create a new bank, and concentrate all the finances of this country at the North, where already, for the want of direct trade and a proper system of banking in the South, they are ruinously concentrated? Nay, what guarantee have we that you will not emancipate our slaves, or, at least, make the attempt? We cannot rely on your faith when you have the power. It has been always broken whenever pledged.

As I am disposed to see this question settled as soon as possible, and am perfectly willing to have a final and conclusive settlement now, after what the Senator from New York has said, I think it not improper that I should attempt to bring the North and South face to face, and see what resources each of us might have in the contingency of separate organizations.

If we never acquire another foot of territory for the South, look at her. Eight hundred and fifty thousand square miles. As large as Great Britian, France, Austria, Prussia and Spain. Is not that territory enough to make an empire that shall rule the world? With the finest soil, the most delightful climate, whose staple productions none of those great countries can grow, we have three thousand miles of continental sea-shore line so indented with bays and crowded with islands, that, when their shore lines are added, we have twelve thousand miles. Through the heart of our country runs the great Mississippi, the father of waters, into whose bosom are poured thirty-six thousand miles of tributary rivers; and beyond we have the desert prairie wastes to protect us in our rear. Can you hem in such a territory as that? You talk of putting up a wall of fire around eight hundred and fifty thousand square miles so situated! How absurd.

But, in this territory lies the great valley of the Mississippi, now the real, and soon to be the acknowlIedged seat of the empire of the world. The sway of that valley will be as great as ever the Nile knew in the earlier ages of mankind. We own the most of it. The most valuable part of it belongs to us now; and although those who have settled above us are now opposed to us, another generation will tell a different tale. They are ours by all the laws of nature; slave-labor will go over every foot of this great valley where it will be found profitable to use it, and some of those who may not use it are soon to be united with us by such ties as will make us one and inseparable. The iron horse will soon be clattering over the sunny plains of the South to bear the products of its upper tributaries of the valley to our Atlantic ports, as it now does through the ice-bound North. And there is the great Mississippi, a bond of union made by Nature herself. She will maintain it forever.

On this fine territory we have a population four times as large as that with which these colonies separated from the mother country, and a hundred, I might say a thousand fold stronger. Our population is now sixty per cent. greater than that of the whole United States when we entered into the second war of independence. It is as large as the whole population of the United States was ten years after the conclusion of that war, and our own exports are three times as great as those of the whole United States then. Upon our muster-rolls we have a million of men. In a defensive war, upon an emergency, every one of them would be available. At any time, the South can raise, equip, and maintain in the field, a larger army than any Power of the earth can send against her, and an army of soldiers — men brought up on horseback, with guns in their hands. If we take the North, even when the two large States of Kansas and Minnesota shall be admitted, her territory will be one hundred thousand square miles less than ours. I do not speak of California and Oregon; there is no antagonism between the South and those countries, and never will be. The population of the North is fifty per cent. greater than ours. I have nothing to say in disparagement either of the soil of the North, or the people of the North, who are a brave and energetic race, full of intellect. But they produce no great staple that the South does not produce; while we produce two or three, and these the very greatest, that she can never produce. As to her men, I may be allowed to say, they have never proved themselves to be superior to those of the South, either in the field or in the Senate.

But the strength of a nation depends in a great measure upon its wealth, and the wealth of a nation, like that of a man, is to be estimated by its surplus production. You may go to your trashy census books, full of falsehood and nonsense — they tell you, for example, that in the State of Tennessee, the whole number of house-servants is not equal to that of those in my own house, and such things as that. You may estimate what is made throughout the country from these census books, but it is no matter how much is made if it is all consumed. If a man possess millions of dollars and consumes his income, is he rich? Is he competent to embark in any new enterprise? Can he long build ships or railroads? And could a people in that condition build ships and roads or go to war without a fatal strain on capital? All the enterprises of peace and war depend upon the surplus productions of a people. They may be happy, they may be comfortable, they may enjoy themselves in consuming what they make; but they are not rich, they are not strong. It appears, by going to the reports of the Secretary of the Treasury, which are authentic, that last year the United States exported in round numbers $279,000,000 worth of domestic produce, excluding gold and foreign merchandise re-exported. Of this amount $158,000,000 worth is the clear produce of the South; articles that are not and cannot be made at the North. There are then $80,000,000 worth of exports of products of the forest, provisions and breadstuff. If we assume that the South made but one third of these, and I think that is a low calculation, our exports were $185,000,000, leaving to the North less than $95,000,000.

In addition to this, we sent to the North $30,000,000 worth of cotton, which is not counted in the exports. We sent to her $7 or $8,000,000 worth of tobacco, which is not counted in the exports. We sent naval stores, lumber, rice, and many other minor articles. There is no doubt that we sent to the North $40,000,000 in addition ; but suppose the amount to be $35,000,000, it will give us a surplus production of $220,000,000. But the recorded exports of the South now are greater than the whole exports of the United States in any year before 1856. They are greater than the whole average exports of the United States for the last twelve years, including the two extraordinary years of 1856 and 1857. They are nearly double the amount of the average exports of the twelve preceding years. If I am right in my calculations as to $220,000,000 of surplus produce, there is not a nation on the face of the earth, with any numerous population, that can compete with us in produce per capita. It amounts to $16.66 per head, supposing that we have twelve millions of people. England with all her accumulated wealth, with her concentrated and educated energy, makes but sixteen and a half dollars of surplus production per head. I have not made a calculation as to the North, with her $95,000,000 surplus; admitting that she exports as much as we do, with her eighteen millions of population it would be but little over twelve dollars a head. But she cannot export to us and abroad exceeding ten dollars a head against our sixteen dollars. I know well enough that the North sends to the South a vast amount of the productions of her industry. I take it for granted that she, at least, pays us in that way for the thirty or forty million dollars worth of cotton and other articles we send her. I am willing to admit that she sends us considerably more; but to bring her up to our amount of surplus production — to bring her up to $220,000,000 a year, the South must take from her $125,000,000; and this, in addition to our share of the consumption of the $333,000,000 worth introduced into the country from abroad, and paid for chiefly by our own exports. The thing is absurd; it is impossible; it can never appear anywhere but in a book of statistics, or a Congress speech.

With an export of $220,000,000 under the present tariff, the South organized separately would have $40,000,000 of revenue. With one-fourth the present tariff, she would have a revenue with the present tariff adequate to all her wants, for the South would never go to war; she would never need an army or a navy, beyond a few garrisons on the frontiers and a few revenue cutters. It is commerce that breeds war. It is manufactures that require to be hawked about the world, and that give rise to navies and commerce. But we have nothing to do but to take off restrictions on foreign merchandise and open our ports, and the whole world will come to us to trade. They will be too glad to bring and carry us, and we never shall dream of a war. Why the South has never yet had a just cause of war except with the North. Every time she has drawn her sword it has been on the point of honor, and that point of honor has been mainly loyalty to her sister colonies and sister States, who have ever since plundered and calumniated her. But if there were no other reason why we should never have war, would any sane nation make war on cotton? Without firing a gun, without drawing a sword, should they make war on us we could bring the whole world to our feet. The South is perfectly competent to go on, one, two, or three years without planting a seed of cotton. I believe that if she was to plant but half her cotton, for three years to come, it would be an immense advantage to her. I am not so sure but that after three years' entire abstinence she would come out stronger than ever she was before, and better prepared to enter afresh upon her great career of enterprise. What would happen if no cotton was furnished for three years? I will not stop to depict what every one can imagine, but this is certain: England would topple headlong and carry the whole civilized world with her save the South. No, you dare not make war on cotton. No power on earth dares to make war upon it. Cotton is King. Until lately the Bank of England was king; but she tried to put her screws as usual, the fall before the last, upon the cotton crop, and was utterly vanquished. The last power has been conquered. Who can doubt, that has looked at recent events, that cotton is supreme? When the abuse of credit had destroyed credit and annihilated confidence; when thousands of the strongest commercial houses in the world were coming down, and hundreds of millions of dollars of supposed property evaporating in thin air; when you came to a dead lock, and revolutions were threatened, what brought you up? Fortunately for you it was the commencement of the cotton season, and we have poured in upon you one million six hundred thousand bales of cotton just at the crisis to save you from destruction. That cotton, but for the bursting of your speculative bubbles in the North, which produced the whole of this convulsion, would have brought us $100,000,000. We have sold it for $65,000,000, and saved you. Thirty-five million dollars we, the slaveholders of the South, have put into the charity box for your magnificent financiers, your “cotton lords,” your “merchant princes.”

But, sir, the greatest strength of the South arises from the harmony of her political and social institutions. This harmony gives her a frame of society, the best in the world, and an extent of political freedom, combined with entire security, such as no other people ever enjoyed upon the face of the earth. Society precedes government; creates it, and ought to control it; but as far as we can look back in historic times we find the case different; for government is no sooner created than it becomes too strong for society, and shapes and moulds, as well as controls it. In later centuries the progress of civilization and of intelligence has made the divergence so great as to produce civil wars and revolutions; and it is nothing now but the want of harmony between governments and societies which occasions all the uneasiness and trouble and terror that we see abroad. It was this that brought on the American Revolution. We threw off a Government not adapted to our social system, and made one for ourselves. The question is, how far have we succeeded? The South, so far as that is concerned, is satisfied, harmonious, and prosperous, but demands to be let alone.

In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement. It constitutes the very mud-sill of society and of political government; and you might as well attempt to build a house in the air, as to build either the one or the other, except on this mud-sill. Fortunately for the South, she found a race adapted to that purpose to her hand. A race inferior to her own, but eminently qualified in temper, in vigor, in docility, in capacity to stand the climate, to answer all her purposes. We use them for our purpose, and call them slaves. We found them slaves by the common “consent of mankind,” which, according to Cicero, “lex naturÅ“ est. The highest proof of what is Nature's law. We are old-fashioned at the South yet; slave is a word discarded now by “ears polite;” I will not characterize that class at the North by that term; but you have it; it is there; it is everywhere; it is eternal. The Senator from New York said yesterday that the whole world had abolished slavery. Aye, the name, but not the thing; all the powers of the earth cannot abolish that. God only can do it when he repeals the fiat, “the poor ye always have with you;” for the man who lives by daily labor, and scarcely lives at that, and who has to put out his labor in the market, and take the best he can get for it; in short, your whole hireling class of manual laborers and “operatives,” as you call them, are essentially slaves. The difference between us is, that our slaves are hired for life and well compensated; there is no starvation, no begging, no want of employment among our people, and not too much employment either. Yours are hired by the day, not cared for, and scantily compensated, which may be proved in the most painful manner, at any hour in any street in any of your large towns. Why, you meet more beggars in one day, in any single street of the city of New York, than you would meet in a lifetime in the whole South. We do not think that whites should be slaves either by law or necessity. Our slaves are black, of another and inferior race. The status in which we have placed them is an elevation. They are elevated from the condition in which God first created them, by being made our slaves. None of that race on the whole face of the globe can be compared with the slaves of the South. They are happy, content, unaspiring, and utterly incapable, from intellectual weakness, ever to give us any trouble by their aspirations. Yours are white, of your own race; you are brothers of one blood. They are your equals in natural endowment of intellect, and they feel galled by their degradation. Our slaves do not vote. We give them no political power. Yours do vote, and, being the majority, they are the depositaries of all your political power. If they knew the tremendous secret, that the ballot-box is stronger than “an army with banners,” and could combine, where would you be? Your society would be reconstructed, your government overthrown, your property divided, not as they have mistakenly attempted to initiate such proceedings by meeting in parks, with arms in their hands, but by the quiet process of the ballot-box. You have been making war upon us to our very hearthstones. How would you like for us to send lecturers and agitators North, to teach these people this, to aid in combining, and to lead them?

Mr. Wilson and others. Send them along.

Mr. Hammond. You say send them along. There is no need of that. Your people are awaking. They are coming here. They are thundering at our doors for homesteads, one hundred and sixty acres of land for nothing, and Southern Senators are supporting them. Nay, they are assembling, as I have said, with arms in their hands, and demanding work at $1,000 a year for six hours a day. Have you heard that the ghosts of Mendoza and Torquemada are stalking in the streets of your great cities? That the inquisition is at hand? There is afloat a fearful rumor that there have been consultations for Vigilance Committees. You know what that means.

Transient and temporary causes have thus far been your preservation. The great West has been open to your surplus population, and your hordes of semi-barbarian immigrants, who are crowding in year by year. They make a great movement, and you call it progress. Whither? It is progress; but it is progress towards Vigilance Committees. The South have sustained you in a great measure. You are our factors. You fetch and carry for us. One hundred and fifty million dollars of our money passes annually through your hands. Much of it sticks; all of it assists to keep your machinery together and in motion. Suppose we were to discharge you; suppose we were to take our business out of your hands; — we should consign you to anarchy and poverty. You complain of the rule of the South; that has been another cause that has preserved you. We have kept the Government conservative to the great purposes of the Constitution. We have placed it, and kept it, upon the Constitution; and that has been the cause of your peace and prosperity. The Senator from New York says that that is about to be at an end; that you intend to take the Government from us; that it will pass from our hands into yours. Perhaps what he says is true; it may be; but do not forget — it can never be forgotten — it is written on the brightest page of human history — that we, the slaveholders of the South, took our country in her infancy, and, after ruling her for sixty out of the seventy years of her existence, we surrendered her to you without a stain upon her honor, boundless in prosperity, incalculable in her strength, the wonder and the admiration of the world. Time will show what you will make of her; but no time can diminish our glory or your responsibility.

SOURCE: John F. Trow & Co., New York, New York, Selections from the Letters and Speeches of the Hon. James H. Hammond of South Carolina, p. 301-22

Friday, August 26, 2016

Lyman Trumbull to Abraham Lincoln, November 23, 1859

Washington, Nov. 23d, 1859
Hon. A. Lincoln,

My Dear Sir,

Am obliged for the information in regard to the meeting of the National Committee. I confess myself disappointed at McClernand's majority – The truth is, that we have got about all we ever will from the old Whig element in central Ill. We must hereafter rely upon obtaining accessions from the young men & from the Democracy. About the hardest man on earth to get along with is an old Whig of pro-slavery proclivities. I reckon the Harpers Ferry affair damaged Palmer somewhat.

I met Cameron on the cars on my way here. He is in earnest about getting the Pa. delegation for himself, & I reckon will succeed. Nobody seems to say much about Read.

I passed a few days in New York City & there learned that the New York politicians were very much in favor of making Forney clk of the House, & that too without any assurance from him that he would act with the Republicans. The idea seemed to be that Forney could bring enough Anti Lecompton Democrats to act with the Republicans to give them the Speaker &c – When will the leading men of our party learn to pursue a straight forward course? Till they do, Republicanism can never have, & might never to have a permanent hold in the country. What consumate folly to bargain with half a dozen Douglasites & that the most active of them all to an important office, where he can wield a large influence in favor of his pet man, & to our prejudice. Douglas & his popular sovereignty humbug are the only things which now keep the great mass of Northern Repub Democrats from uniting with the Republicans at once. For my part, I believe it would be much better that the Democrats should organize the house by a bargain with Know Nothings, & anti-Lecomptonites, than that we should do it; but if the Republican members will go right along supporting no man for any of the offices who is not prepared to act with the Republican party, they being the strongest party in the house, will in the end succeed. If Forney or the South Americans will be of us & act with us, we ought to be liberal towards them; but it certainly cannot be our policy as a party to support any man, who will use the influence of his office to build up another party to our prejudice—

The Anti Lecomptonites & the South Americans will in my opinion in the end come to act with us, if we pursue a straight forward course without assailing them; but they will never do this, while the idea is held out that the Republican party will go to them.

Since commencing this letter, two Gentlemen residents of Washington have called upon me, stating, that one of them had been just been arrested for using language hostile to slavery – He had given bail for his appearance before a justice of the peace on Friday, & called to advise with me about the matter. What are we coming to? Excuse this long letter.

Truly Yours
Lyman Trumbull

Saturday, April 25, 2015

Horace Greeley to James S. Pike, February 26, 1860

New York, February 26, 1860.

Friend P.: Before you say much more about John Bell, will you just take down the volumes of the Congressional Globe for 1853-4 and refresh your recollection of the part he played with regard to the Nebraska bill? Will you look especially at his votes, February 6th, on Chase's amendment; February 15th, on Douglas's amendment (the present slavery proviso); March 2d, on Chase's amendment (allowing the people of the Territories to prohibit slavery); March 2d, against Chase again, etc. It does seem to me that you or I must be mad or strangely forgetful about this business. I venture to say that Bell's record is the most tangled and embarrassing to the party which shall run him for President of any man's in America. And as to his wife's owning the slaves — bosh! We know that Bell has owned slaves — how did he get rid of them? That's an interesting question. We knowhow to answer it respecting Bates.

But I don't care what is done about the nomination. I know what ought to be done, and having set that forth am content. I stand in the position of the rich old fellow, who, having built a church entirely out of his own means, addressed his townsmen thus:

“I've built you a meeting-house,
And bought you a bell;
Now go to meeting,
Or go to h---!”

Yours,
Horace Greeley.
James S. Pike, Washington City, D. C.

SOURCE: James Shepherd Pike, First Blows of the Civil War: The Ten Years of Preliminary Conflict in the United States from 1850 to 1860, p. 499-500

Monday, May 28, 2012

The Cooper Union Address


Address of Abraham Lincoln given at the Cooper Institute
New York City, February 27, 1860

MR. PRESIDENT AND FELLOW-CITIZENS OF NEW-YORK: – The facts with which I shall deal this evening are mainly old and familiar; nor is there anything new in the general use I shall make of them. If there shall be any novelty, it will be in the mode of presenting the facts, and the inferences and observations following that presentation.

In his speech last autumn, at Columbus, Ohio, as reported in “The New-York Times,” Senator Douglas said:

“Our fathers, when they framed the Government under which we live, understood this question just as well, and even better, than we do now.”

I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it furnishes a precise and an agreed starting point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry: “What was the understanding those fathers had of the question mentioned?”

What is the frame of Government under which we live?

The answer must be: “The Constitution of the United States.” That Constitution consists of the original, framed in 1787, (and under which the present government first went into operation,) and twelve subsequently framed amendments, the first ten of which were framed in 1789.

Who were our fathers that framed the Constitution? I suppose the “thirty-nine” who signed the original instrument may be fairly called our fathers who framed that part of the present Government. It is almost exactly true to say they framed it, and it is altogether true to say they fairly represented the opinion and sentiment of the whole nation at that time. Their names, being familiar to nearly all, and accessible to quite all, need not now be repeated.

I take these “thirty-nine” for the present, as being “our fathers who framed the Government under which we live.”

What is the question which, according to the text, those fathers understood “just as well, and even better than we do now?”

It is this: Does the proper division of local from federal authority, or anything in the Constitution, forbid our Federal Government to control as to slavery in our Federal Territories?

Upon this, Senator Douglas holds the affirmative, and Republicans the negative. This affirmation and denial form an issue; and this issue – this question – is precisely what the text declares our fathers understood “better than we.”

Let us now inquire whether the “thirty-nine,” or any of them, ever acted upon this question; and if they did, how they acted upon it – how they expressed that better understanding?

In 1784, three years before the Constitution – the United States then owning the Northwestern Territory, and no other, the Congress of the Confederation had before them the question of prohibiting slavery in that Territory; and four of the “thirty-nine,” who afterward framed the Constitution, were in that Congress, and voted on that question. Of these, Roger Sherman, Thomas Mifflin, and Hugh Williamson voted for the prohibition, thus showing that, in their understanding, no line dividing local from federal authority, nor anything else, properly forbade the Federal Government to control as to slavery in federal territory. The other of the four – James M'Henry – voted against the prohibition, showing that, for some cause, he thought it improper to vote for it.

In 1787, still before the Constitution, but while the Convention was in session framing it, and while the Northwestern Territory still was the only territory owned by the United States, the same question of prohibiting slavery in the territory again came before the Congress of the Confederation; and two more of the “thirty-nine” who afterward signed the Constitution, were in that Congress, and voted on the question. They were William Blount and William Few; and they both voted for the prohibition – thus showing that, in their understanding, no line dividing local from federal authority, nor anything else, properly forbade the Federal Government to control as to slavery in federal territory. This time the prohibition became a law, being part of what is now well known as the Ordinance of '87.

The question of federal control of slavery in the territories, seems not to have been directly before the Convention which framed the original Constitution; and hence it is not recorded that the “thirty-nine,” or any of them, while engaged on that instrument, expressed any opinion of that precise question.

In 1789, by the first Congress which sat under the Constitution, an act was passed to enforce the Ordinance of '87, including the prohibition of slavery in the Northwestern Territory. The bill for this act was reported by one of the “thirty-nine,” Thomas Fitzsimmons, then a member of the House of Representatives from Pennsylvania. It went through all its stages without a word of opposition, and finally passed both branches without yeas and nays, which is equivalent to an unanimous passage.  In this Congress there were sixteen of the thirty-nine fathers who framed the original Constitution. They were John Langdon, Nicholas Gilman, Wm. S. Johnson, Roger Sherman, Robert Morris, Thos. Fitzsimmons, William Few, Abraham Baldwin, Rufus King, William Paterson, George Clymer, Richard Bassett, George Read, Pierce Butler, Daniel Carroll, James Madison.

This shows that, in their understanding, no line dividing local from federal authority, nor anything in the Constitution, properly forbade Congress to prohibit slavery in the federal territory; else both their fidelity to correct principle, and their oath to support the Constitution, would have constrained them to oppose the prohibition.

Again, George Washington, another of the “thirty-nine,” was then President of the United States, and, as such, approved and signed the bill; thus completing its validity as a law, and thus showing that, in his understanding, no line dividing local from federal authority, nor anything in the Constitution, forbade the Federal Government, to control as to slavery in federal territory.

No great while after the adoption of the original Constitution, North Carolina ceded to the Federal Government the country now constituting the State of Tennessee; and a few years later Georgia ceded that which now constitutes the States of Mississippi and Alabama. In both deeds of cession it was made a condition by the ceding States that the Federal Government should not prohibit slavery in the ceded country. Besides this, slavery was then actually in the ceded country. Under these circumstances, Congress, on taking charge of these countries, did not absolutely prohibit slavery within them. But they did interfere with it – take control of it – even there, to a certain extent. In 1798, Congress organized the Territory of Mississippi. In the act of organization, they prohibited the bringing of slaves into the Territory, from any place without the United States, by fine, and giving freedom to slaves so brought.  This act passed both branches of Congress without yeas and nays. In that Congress were three of the “thirty-nine” who framed the original Constitution. They were John Langdon, George Read and Abraham Baldwin.  They all, probably, voted for it. Certainly they would have placed their opposition to it upon record, if, in their understanding, any line dividing local from federal authority, or anything in the Constitution, properly forbade the Federal Government to control as to slavery in federal territory.

In 1803, the Federal Government purchased the Louisiana country. Our former territorial acquisitions came from certain of our own States; but this Louisiana country was acquired from a foreign nation. In 1804, Congress gave a territorial organization to that part of it which now constitutes the State of Louisiana. New Orleans, lying within that part, was an old and comparatively large city. There were other considerable towns and settlements, and slavery was extensively and thoroughly intermingled with the people. Congress did not, in the Territorial Act, prohibit slavery; but they did interfere with it – take control of it – in a more marked and extensive way than they did in the case of Mississippi. The substance of the provision therein made, in relation to slaves, was:

First. That no slave should be imported into the territory from foreign parts.

Second. That no slave should be carried into it who had been imported into the United States since the first day of May, 1798.

Third. That no slave should be carried into it, except by the owner, and for his own use as a settler; the penalty in all the cases being a fine upon the violator of the law, and freedom to the slave.

This act also was passed without yeas and nays. In the Congress which passed it, there were two of the “thirty-nine.” They were Abraham Baldwin and Jonathan Dayton.  As stated in the case of Mississippi, it is probable they both voted for it. They would not have allowed it to pass without recording their opposition to it, if, in their understanding, it violated either the line properly dividing local from federal authority, or any provision of the Constitution.

In 1819-20, came and passed the Missouri question. Many votes were taken, by yeas and nays, in both branches of Congress, upon the various phases of the general question. Two of the “thirty-nine” – Rufus King and Charles Pinckney – were members of that Congress.  Mr. King steadily voted for slavery prohibition and against all compromises, while Mr. Pinckney as steadily voted against slavery prohibition and against all compromises. By this, Mr. King showed that, in his understanding, no line dividing local from federal authority, nor anything in the Constitution, was violated by Congress prohibiting slavery in federal territory; while Mr. Pinckney, by his votes, showed that, in his understanding, there was some sufficient reason for opposing such prohibition in that case.

The cases I have mentioned are the only acts of the “thirty-nine,” or of any of them, upon the direct issue, which I have been able to discover.

To enumerate the persons who thus acted, as being four in 1784, two in 1787, seventeen in 1789, three in 1798, two in 1804, and two in 1819-20 – there would be thirty of them. But this would be counting John Langdon, Roger Sherman, William Few, Rufus King, and George Read, each twice, and Abraham Baldwin, three times. The true number of those of the “thirty-nine” whom I have shown to have acted upon the question, which, by the text, they understood better than we, is twenty-three, leaving sixteen not shown to have acted upon it in any way.

Here, then, we have twenty-three out of our thirty-nine fathers “who framed the Government under which we live,” who have, upon their official responsibility and their corporal oaths, acted upon the very question which the text affirms they “understood just as well, and even better than we do now;” and twenty-one of them – a clear majority of the whole “thirty-nine” – so acting upon it as to make them guilty of gross political impropriety and wilful perjury, if, in their understanding, any proper division between local and federal authority, or anything in the Constitution they had made themselves, and sworn to support, forbade the Federal Government to control as to slavery in the federal territories. Thus the twenty-one acted; and, as actions speak louder than words, so actions, under such responsibility, speak still louder.

Two of the twenty-three voted against Congressional prohibition of slavery in the federal territories, in the instances in which they acted upon the question. But for what reasons they so voted is not known. They may have done so because they thought a proper division of local from federal authority, or some provision or principle of the Constitution, stood in the way; or they may, without any such question, have voted against the prohibition, on what appeared to them to be sufficient grounds of expediency. No one who has sworn to support the Constitution, can conscientiously vote for what he understands to be an unconstitutional measure, however expedient he may think it; but one may and ought to vote against a measure which he deems constitutional, if, at the same time, he deems it inexpedient. It, therefore, would be unsafe to set down even the two who voted against the prohibition, as having done so because, in their understanding, any proper division of local from federal authority, or anything in the Constitution, forbade the Federal Government to control as to slavery in federal territory.

The remaining sixteen of the “thirty-nine,” so far as I have discovered, have left no record of their understanding upon the direct question of federal control of slavery in the federal territories. But there is much reason to believe that their understanding upon that question would not have appeared different from that of their twenty-three compeers, had it been manifested at all.

For the purpose of adhering rigidly to the text, I have purposely omitted whatever understanding may have been manifested by any person, however distinguished, other than the thirty-nine fathers who framed the original Constitution; and, for the same reason, I have also omitted whatever understanding may have been manifested by any of the “thirty-nine” even, on any other phase of the general question of slavery. If we should look into their acts and declarations on those other phases, as the foreign slave trade, and the morality and policy of slavery generally, it would appear to us that on the direct question of federal control of slavery in federal territories, the sixteen, if they had acted at all, would probably have acted just as the twenty-three did. Among that sixteen were several of the most noted anti-slavery men of those times – as Dr. Franklin, Alexander Hamilton and Gouverneur Morris – while there was not one now known to have been otherwise, unless it may be John Rutledge, of South Carolina.

The sum of the whole is, that of our thirty-nine fathers who framed the original Constitution, twenty-one – a clear majority of the whole – certainly understood that no proper division of local from federal authority, nor any part of the Constitution, forbade the Federal Government to control slavery in the federal territories; while all the rest probably had the same understanding. Such, unquestionably, was the understanding of our fathers who framed the original Constitution; and the text affirms that they understood the question “better than we.”

But, so far, I have been considering the understanding of the question manifested by the framers of the original Constitution. In and by the original instrument, a mode was provided for amending it; and, as I have already stated, the present frame of “the Government under which we live” consists of that original, and twelve amendatory articles framed and adopted since. Those who now insist that federal control of slavery in federal territories violates the Constitution, point us to the provisions which they suppose it thus violates; and, as I understand, they all fix upon provisions in these amendatory articles, and not in the original instrument. The Supreme Court, in the Dred Scott case, plant themselves upon the fifth amendment, which provides that no person shall be deprived of “life, liberty or property without due process of law;” while Senator Douglas and his peculiar adherents plant themselves upon the tenth amendment, providing that “the powers not delegated to the United States by the Constitution,” “are reserved to the States respectively, or to the people.”

Now, it so happens that these amendments were framed by the first Congress which sat under the Constitution – the identical Congress which passed the act already mentioned, enforcing the prohibition of slavery in the Northwestern Territory. Not only was it the same Congress, but they were the identical, same individual men who, at the same session, and at the same time within the session, had under consideration, and in progress toward maturity, these Constitutional amendments, and this act prohibiting slavery in all the territory the nation then owned. The Constitutional amendments were introduced before, and passed after the act enforcing the Ordinance of '87; so that, during the whole pendency of the act to enforce the Ordinance, the Constitutional amendments were also pending.

The seventy-six members of that Congress, including sixteen of the framers of the original Constitution, as before stated, were preeminently our fathers who framed that part of “the Government under which we live,” which is now claimed as forbidding the Federal Government to control slavery in the federal territories.

Is it not a little presumptuous in any one at this day to affirm that the two things which that Congress deliberately framed, and carried to maturity at the same time, are absolutely inconsistent with each other? And does not such affirmation become impudently absurd when coupled with the other affirmation from the same mouth, that those who did the two things, alleged to be inconsistent, understood whether they really were inconsistent better than we – better than he who affirms that they are inconsistent?

It is surely safe to assume that the thirty-nine framers of the original Constitution, and the seventy-six members of the Congress which framed the amendments thereto, taken together, do certainly include those who may be fairly called “our fathers who framed the Government under which we live.”  And so assuming, I defy any man to show that any one of them ever, in his whole life, declared that, in his understanding, any proper division of local from federal authority, or any part of the Constitution, forbade the Federal Government to control as to slavery in the federal territories. I go a step further. I defy any one to show that any living man in the whole world ever did, prior to the beginning of the present century, (and I might almost say prior to the beginning of the last half of the present century,) declare that, in his understanding, any proper division of local from federal authority, or any part of the Constitution, forbade the Federal Government to control as to slavery in the federal territories. To those who now so declare, I give, not only “our fathers who framed the Government under which we live,” but with them all other living men within the century in which it was framed, among whom to search, and they shall not be able to find the evidence of a single man agreeing with them.

Now, and here, let me guard a little against being misunderstood. I do not mean to say we are bound to follow implicitly in whatever our fathers did. To do so, would be to discard all the lights of current experience – to reject all progress – all improvement. What I do say is, that if we would supplant the opinions and policy of our fathers in any case, we should do so upon evidence so conclusive, and argument so clear, that even their great authority, fairly considered and weighed, cannot stand; and most surely not in a case whereof we ourselves declare they understood the question better than we.

If any man at this day sincerely believes that a proper division of local from federal authority, or any part of the Constitution, forbids the Federal Government to control as to slavery in the federal territories, he is right to say so, and to enforce his position by all truthful evidence and fair argument which he can. But he has no right to mislead others, who have less access to history, and less leisure to study it, into the false belief that “our fathers, who framed the Government under which we live,” were of the same opinion – thus substituting falsehood and deception for truthful evidence and fair argument. If any man at this day sincerely believes “our fathers who framed the Government under which we live,” used and applied principles, in other cases, which ought to have led them to understand that a proper division of local from federal authority or some part of the Constitution, forbids the Federal Government to control as to slavery in the federal territories, he is right to say so. But he should, at the same time, brave the responsibility of declaring that, in his opinion, he understands their principles better than they did themselves; and especially should he not shirk that responsibility by asserting that they “understood the question just as well, and even better, than we do now.”

But enough! Let all who believe that “our fathers, who framed the Government under which we live, understood this question just as well, and even better, than we do now,” speak as they spoke, and act as they acted upon it. This is all Republicans ask – all Republicans desire – in relation to slavery. As those fathers marked it, so let it be again marked, as an evil not to be extended, but to be tolerated and protected only because of and so far as its actual presence among us makes that toleration and protection a necessity. Let all the guaranties those fathers gave it, be, not grudgingly, but fully and fairly maintained. For this Republicans contend, and with this, so far as I know or believe, they will be content.

And now, if they would listen – as I suppose they will not – I would address a few words to the Southern people.

I would say to them: – You consider yourselves a reasonable and a just people; and I consider that in the general qualities of reason and justice you are not inferior to any other people. Still, when you speak of us Republicans, you do so only to denounce us as reptiles, or, at the best, as no better than outlaws. You will grant a hearing to pirates or murderers, but nothing like it to “Black Republicans.” In all your contentions with one another, each of you deems an unconditional condemnation of “Black Republicanism” as the first thing to be attended to. Indeed, such condemnation of us seems to be an indispensable prerequisite – license, so to speak – among you to be admitted or permitted to speak at all. Now, can you, or not, be prevailed upon to pause and to consider whether this is quite just to us, or even to yourselves? Bring forward your charges and specifications, and then be patient long enough to hear us deny or justify.

You say we are sectional. We deny it. That makes an issue; and the burden of proof is upon you. You produce your proof; and what is it? Why, that our party has no existence in your section – gets no votes in your section. The fact is substantially true; but does it prove the issue? If it does, then in case we should, without change of principle, begin to get votes in your section, we should thereby cease to be sectional. You cannot escape this conclusion; and yet, are you willing to abide by it? If you are, you will probably soon find that we have ceased to be sectional, for we shall get votes in your section this very year. You will then begin to discover, as the truth plainly is, that your proof does not touch the issue. The fact that we get no votes in your section, is a fact of your making, and not of ours. And if there be fault in that fact, that fault is primarily yours, and remains so until you show that we repel you by some wrong principle or practice. If we do repel you by any wrong principle or practice, the fault is ours; but this brings you to where you ought to have started – to a discussion of the right or wrong of our principle. If our principle, put in practice, would wrong your section for the benefit of ours, or for any other object, then our principle, and we with it, are sectional, and are justly opposed and denounced as such. Meet us, then, on the question of whether our principle, put in practice, would wrong your section; and so meet us as if it were possible that something may be said on our side. Do you accept the challenge? No! Then you really believe that the principle which “our fathers who framed the Government under which we live” thought so clearly right as to adopt it, and indorse it again and again, upon their official oaths, is in fact so clearly wrong as to demand your condemnation without a moment's consideration.

Some of you delight to flaunt in our faces the warning against sectional parties given by Washington in his Farewell Address. Less than eight years before Washington gave that warning, he had, as President of the United States, approved and signed an act of Congress, enforcing the prohibition of slavery in the North-western Territory, which act embodied the policy of the Government upon that subject up to and at the very moment he penned that warning; and about one year after he penned it, he wrote La Fayette that he considered that prohibition a wise measure, expressing in the same connection his hope that we should at some time have a confederacy of free States.

Bearing this in mind, and seeing that sectionalism has since arisen upon this same subject, is that warning a weapon in your hands against us, or in our hands against you? Could Washington himself speak, would he cast the blame of that sectionalism upon us, who sustain his policy, or upon you who repudiate it? We respect that warning of Washington, and we commend it to you, together with his example pointing to the right application of it.

But you say you are conservative – eminently conservative – while we are revolutionary, destructive, or something of the sort. What is conservatism? Is it not adherence to the old and tried, against the new and untried? We stick to, contend for, the identical old policy on the point in controversy which was adopted by “our fathers who framed the Government under which we live;” while you with one accord reject, and scout, and spit upon that old policy, and insist upon substituting something new. True, you disagree among yourselves as to what that substitute shall be. You are divided on new propositions and plans, but you are unanimous in rejecting and denouncing the old policy of the fathers. Some of you are for reviving the foreign slave trade; some for a Congressional Slave-Code for the Territories; some for Congress forbidding the Territories to prohibit Slavery within their limits; some for maintaining Slavery in the Territories through the judiciary; some for the “gur-reat pur-rinciple” that “if one man would enslave another, no third man should object,” fantastically called “Popular Sovereignty;” but never a man among you in favor of federal prohibition of slavery in federal territories, according to the practice of “our fathers who framed the Government under which we live.” Not one of all your various plans can show a precedent or an advocate in the century within which our Government originated. Consider, then, whether your claim of conservatism for yourselves, and your charge of destructiveness against us, are based on the most clear and stable foundations.

Again, you say we have made the slavery question more prominent than it formerly was. We deny it. We admit that it is more prominent, but we deny that we made it so. It was not we, but you, who discarded the old policy of the fathers. We resisted, and still resist, your innovation; and thence comes the greater prominence of the question. Would you have that question reduced to its former proportions? Go back to that old policy. What has been will be again, under the same conditions. If you would have the peace of the old times, readopt the precepts and policy of the old times.

You charge that we stir up insurrections among your slaves. We deny it; and what is your proof? Harper's Ferry! John Brown!! John Brown was no Republican; and you have failed to implicate a single Republican in his Harper's Ferry enterprise. If any member of our party is guilty in that matter, you know it or you do not know it. If you do know it, you are inexcusable for not designating the man and proving the fact. If you do not know it, you are inexcusable for asserting it, and especially for persisting in the assertion after you have tried and failed to make the proof. You need not be told that persisting in a charge which one does not know to be true, is simply malicious slander.

Some of you admit that no Republican designedly aided or encouraged the Harper's Ferry affair; but still insist that our doctrines and declarations necessarily lead to such results. We do not believe it. We know we hold to no doctrine, and make no declaration, which were not held to and made by “our fathers who framed the Government under which we live.”  You never dealt fairly by us in relation to this affair. When it occurred, some important State elections were near at hand, and you were in evident glee with the belief that, by charging the blame upon us, you could get an advantage of us in those elections. The elections came, and your expectations were not quite fulfilled. Every Republican man knew that, as to himself at least, your charge was a slander, and he was not much inclined by it to cast his vote in your favor. Republican doctrines and declarations are accompanied with a continual protest against any interference whatever with your slaves, or with you about your slaves. Surely, this does not encourage them to revolt. True, we do, in common with “our fathers, who framed the Government under which we live,” declare our belief that slavery is wrong; but the slaves do not hear us declare even this. For anything we say or do, the slaves would scarcely know there is a Republican party. I believe they would not, in fact, generally know it but for your misrepresentations of us, in their hearing. In your political contests among yourselves, each faction charges the other with sympathy with Black Republicanism; and then, to give point to the charge, defines Black Republicanism to simply be insurrection, blood and thunder among the slaves.

Slave insurrections are no more common now than they were before the Republican party was organized. What induced the Southampton insurrection, twenty-eight years ago, in which, at least, three times as many lives were lost as at Harper's Ferry?  You can scarcely stretch your very elastic fancy to the conclusion that Southampton was “got up by Black Republicanism.” In the present state of things in the United States, I do not think a general, or even a very extensive slave insurrection, is possible. The indispensable concert of action cannot be attained. The slaves have no means of rapid communication; nor can incendiary freemen, black or white, supply it. The explosive materials are everywhere in parcels; but there neither are, nor can be supplied, the indispensable connecting trains.

Much is said by Southern people about the affection of slaves for their masters and mistresses; and a part of it, at least, is true. A plot for an uprising could scarcely be devised and communicated to twenty individuals before some one of them, to save the life of a favorite master or mistress, would divulge it. This is the rule; and the slave revolution in Hayti was not an exception to it, but a case occurring under peculiar circumstances.  The gunpowder plot of British history, though not connected with slaves, was more in point. In that case, only about twenty were admitted to the secret; and yet one of them, in his anxiety to save a friend, betrayed the plot to that friend, and, by consequence, averted the calamity. Occasional poisonings from the kitchen, and open or stealthy assassinations in the field, and local revolts extending to a score or so, will continue to occur as the natural results of slavery; but no general insurrection of slaves, as I think, can happen in this country for a long time. Whoever much fears, or much hopes for such an event, will be alike disappointed.


Mr. Jefferson did not mean to say, nor do I, that the power of emancipation is in the Federal Government. He spoke of Virginia; and, as to the power of emancipation, I speak of the slaveholding States only. The Federal Government, however, as we insist, has the power of restraining the extension of the institution – the power to insure that a slave insurrection shall never occur on any American soil which is now free from slavery.

John Brown's effort was peculiar. It was not a slave insurrection. It was an attempt by white men to get up a revolt among slaves, in which the slaves refused to participate. In fact, it was so absurd that the slaves, with all their ignorance, saw plainly enough it could not succeed. That affair, in its philosophy, corresponds with the many attempts, related in history, at the assassination of kings and emperors. An enthusiast broods over the oppression of a people till he fancies himself commissioned by Heaven to liberate them. He ventures the attempt, which ends in little else than his own execution. Orsini's attempt on Louis Napoleon, and John Brown's attempt at Harper's Ferry were, in their philosophy, precisely the same. The eagerness to cast blame on old England in the one case, and on New England in the other, does not disprove the sameness of the two things.

And how much would it avail you, if you could, by the use of John Brown, Helper's Book, and the like, break up the Republican organization? Human action can be modified to some extent, but human nature cannot be changed. There is a judgment and a feeling against slavery in this nation, which cast at least a million and a half of votes. You cannot destroy that judgment and feeling – that sentiment – by breaking up the political organization which rallies around it. You can scarcely scatter and disperse an army which has been formed into order in the face of your heaviest fire; but if you could, how much would you gain by forcing the sentiment which created it out of the peaceful channel of the ballot-box, into some other channel? What would that other channel probably be? Would the number of John Browns be lessened or enlarged by the operation?

But you will break up the Union rather than submit to a denial of your Constitutional rights.

That has a somewhat reckless sound; but it would be palliated, if not fully justified, were we proposing, by the mere force of numbers, to deprive you of some right, plainly written down in the Constitution. But we are proposing no such thing.

When you make these declarations, you have a specific and well-understood allusion to an assumed Constitutional right of yours, to take slaves into the federal territories, and to hold them there as property. But no such right is specifically written in the Constitution. That instrument is literally silent about any such right. We, on the contrary, deny that such a right has any existence in the Constitution, even by implication.

Your purpose, then, plainly stated, is, that you will destroy the Government, unless you be allowed to construe and enforce the Constitution as you please, on all points in dispute between you and us. You will rule or ruin in all events.

This, plainly stated, is your language. Perhaps you will say the Supreme Court has decided the disputed Constitutional question in your favor. Not quite so. But waiving the lawyer's distinction between dictum and decision, the Court have decided the question for you in a sort of way. The Court have substantially said, it is your Constitutional right to take slaves into the federal territories, and to hold them there as property. When I say the decision was made in a sort of way, I mean it was made in a divided Court, by a bare majority of the Judges, and they not quite agreeing with one another in the reasons for making it; that it is so made as that its avowed supporters disagree with one another about its meaning, and that it was mainly based upon a mistaken statement of fact – the statement in the opinion that “the right of property in a slave is distinctly and expressly affirmed in the Constitution.”

An inspection of the Constitution will show that the right of property in a slave is not “distinctly and expressly affirmed” in it. Bear in mind, the Judges do not pledge their judicial opinion that such right is impliedly affirmed in the Constitution; but they pledge their veracity that it is “distinctly and expressly” affirmed there – “distinctly,” that is, not mingled with anything else – “expressly,” that is, in words meaning just that, without the aid of any inference, and susceptible of no other meaning.

If they had only pledged their judicial opinion that such right is affirmed in the instrument by implication, it would be open to others to show that neither the word “slave” nor “slavery” is to be found in the Constitution, nor the word “property” even, in any connection with language alluding to the things slave, or slavery, and that wherever in that instrument the slave is alluded to, he is called a “person;” – and wherever his master's legal right in relation to him is alluded to, it is spoken of as “service or labor which may be due,” – as a debt payable in service or labor.  Also, it would be open to show, by contemporaneous history, that this mode of alluding to slaves and slavery, instead of speaking of them, was employed on purpose to exclude from the Constitution the idea that there could be property in man.

To show all this, is easy and certain.

When this obvious mistake of the Judges shall be brought to their notice, is it not reasonable to expect that they will withdraw the mistaken statement, and reconsider the conclusion based upon it?

And then it is to be remembered that “our fathers, who framed the Government under which we live” – the men who made the Constitution – decided this same Constitutional question in our favor, long ago – decided it without division among themselves, when making the decision; without division among themselves about the meaning of it after it was made, and, so far as any evidence is left, without basing it upon any mistaken statement of facts.

Under all these circumstances, do you really feel yourselves justified to break up this Government, unless such a court decision as yours is, shall be at once submitted to as a conclusive and final rule of political action? But you will not abide the election of a Republican President! In that supposed event, you say, you will destroy the Union; and then, you say, the great crime of having destroyed it will be upon us! That is cool. A highwayman holds a pistol to my ear, and mutters through his teeth, “Stand and deliver, or I shall kill you, and then you will be a murderer!”

To be sure, what the robber demanded of me – my money – was my own; and I had a clear right to keep it; but it was no more my own than my vote is my own; and the threat of death to me, to extort my money, and the threat of destruction to the Union, to extort my vote, can scarcely be distinguished in principle.

A few words now to Republicans. It is exceedingly desirable that all parts of this great Confederacy shall be at peace, and in harmony, one with another. Let us Republicans do our part to have it so. Even though much provoked, let us do nothing through passion and ill temper. Even though the southern people will not so much as listen to us, let us calmly consider their demands, and yield to them if, in our deliberate view of our duty, we possibly can.  Judging by all they say and do, and by the subject and nature of their controversy with us, let us determine, if we can, what will satisfy them.

Will they be satisfied if the Territories be unconditionally surrendered to them? We know they will not. In all their present complaints against us, the Territories are scarcely mentioned. Invasions and insurrections are the rage now. Will it satisfy them, if, in the future, we have nothing to do with invasions and insurrections? We know it will not. We so know, because we know we never had anything to do with invasions and insurrections; and yet this total abstaining does not exempt us from the charge and the denunciation.

The question recurs, what will satisfy them? Simply this: We must not only let them alone, but we must, somehow, convince them that we do let them alone. This, we know by experience, is no easy task. We have been so trying to convince them from the very beginning of our organization, but with no success. In all our platforms and speeches we have constantly protested our purpose to let them alone; but this has had no tendency to convince them. Alike unavailing to convince them, is the fact that they have never detected a man of us in any attempt to disturb them.

These natural, and apparently adequate means all failing, what will convince them? This, and this only: cease to call slavery wrong, and join them in calling it right. And this must be done thoroughly – done in acts as well as in words. Silence will not be tolerated – we must place ourselves avowedly with them. Senator Douglas's new sedition law must be enacted and enforced, suppressing all declarations that slavery is wrong, whether made in politics, in presses, in pulpits, or in private. We must arrest and return their fugitive slaves with greedy pleasure. We must pull down our Free State constitutions. The whole atmosphere must be disinfected from all taint of opposition to slavery, before they will cease to believe that all their troubles proceed from us.

I am quite aware they do not state their case precisely in this way. Most of them would probably say to us, “Let us alone, do nothing to us, and say what you please about slavery.” But we do let them alone – have never disturbed them – so that, after all, it is what we say, which dissatisfies them. They will continue to accuse us of doing, until we cease saying.

I am also aware they have not, as yet, in terms, demanded the overthrow of our Free-State Constitutions.  Yet those Constitutions declare the wrong of slavery, with more solemn emphasis, than do all other sayings against it; and when all these other sayings shall have been silenced, the overthrow of these Constitutions will be demanded, and nothing be left to resist the demand. It is nothing to the contrary, that they do not demand the whole of this just now. Demanding what they do, and for the reason they do, they can voluntarily stop nowhere short of this consummation. Holding, as they do, that slavery is morally right, and socially elevating, cannot cease to demand a full national recognition of it, as a legal right, and a social blessing.

Nor can we justifiably withhold this, on any ground save our conviction that slavery is wrong. If slavery is right, all words, acts, laws, and constitutions against it, are themselves wrong, and should be silenced, and swept away. If it is right, we cannot justly object to its nationality – its universality; if it is wrong, they cannot justly insist upon its extension – its enlargement. All they ask, we could readily grant, if we thought slavery right; all we ask, they could as readily grant, if they thought it wrong.  Their thinking it right, and our thinking it wrong, is the precise fact upon which depends the whole controversy. Thinking it right, as they do, they are not to blame for desiring its full recognition, as being right; but, thinking it wrong, as we do, can we yield to them? Can we cast our votes with their view, and against our own? In view of our moral, social, and political responsibilities, can we do this?

Wrong as we think slavery is, we can yet afford to let it alone where it is, because that much is due to the necessity arising from its actual presence in the nation; but can we, while our votes will prevent it, allow it to spread into the National Territories, and to overrun us here in these Free States? If our sense of duty forbids this, then let us stand by our duty, fearlessly and effectively. Let us be diverted by none of those sophistical contrivances wherewith we are so industriously plied and belabored – contrivances such as groping for some middle ground between the right and the wrong, vain as the search for a man who should be neither a living man nor a dead man – such as a policy of “don't care” on a question about which all true men do care – such as Union appeals beseeching true Union men to yield to Disunionists, reversing the divine rule, and calling, not the sinners, but the righteous to repentance – such as invocations to Washington, imploring men to unsay what Washington said, and undo what Washington did.

Neither let us be slandered from our duty by false accusations against us, nor frightened from it by menaces of destruction to the Government nor of dungeons to ourselves. LET US HAVE FAITH THAT RIGHT MAKES MIGHT, AND IN THAT FAITH, LET US, TO THE END, DARE TO DO OUR DUTY AS WE UNDERSTAND IT.


SOURCES: Roy P. Basler, editor, Collected Works of Abraham Lincoln, Volume 3, p. 522-50, which sites The Address of the Hon. Abraham Lincoln, in [V] indication of the Policy of the Framers of the Constitution and the Principles of the Republican Party, Delivered at Cooper Institute, February 27th, 1860, Issued by the Young Men's Republican Union, (659 Broadway, New-York,) with Notes by Charles C. Nott & Cephas Brainerd, Members of the Board of Control. New-York: George F. Nesbitt & Co., Printers and Stationers, 1860, as its source as the original manuscript of the speech is not extant.