Lewis E. Harvie to Lyon G. Tyler, November 1, 1885

CHULA P. O., May 15, 1885.

MY DEAR SIR: I regret that I am unable to give you the information you wish. Your honored father, my friend, and myself were on the commission to treat with Mr. Stephens, and the whole committee were unanimous, and reported in favor of uniting under one government with the other Confederate States. Who prepared the report I have forgotten. I regret that I cannot give you the information.

I esteemed your father as highly as any man I ever knew. I may say that I reverence his memory. He had the entire trust and confidence of every member of the Virginia convention, and exercised and wielded more influence and control over its deliberations and acts than any man in it. He won its confidence in a speech in reply to Mr. Summers, who made a report of the proceedings of the "Peace Congress" held in Washington, and secured the admiration and confidence of the whole convention, when he was so weak that he could speak only at intervals and the convention adjourned again and again to hear him. His influence, and, I may say, control, over the convention, during its whole term, was irresistible. It would be a labor of love to recite to you evidences of the esteem in which he was held, and the estimate placed on his patriotism and love of Virginia, by men of all parties, however conflicting and diversified and distinct their views and sentiments.

I recollect one among other occasions when he changed by the force of his eloquence and patriotism the action of the convention by a defense of General Scott and Mr. Clay, who were assailed; and how he triumphantly carried the proposition through the convention (almost by acclamation) to invite General Scott to come to the rescue of his State. It was the most masterly and triumphant appeal to which I ever listened, and left us who opposed it in a minority of sixteen, all told. General Scott and Mr. Clay were both Virginians, and, while he had differed with them both, they had reflected honor and lustre on her, their common mother, and he made an appeal to the convention of Virginia that electrified the whole body.

He was subsequently elected to the Confederate Congress, almost by acclamation, over two of the ablest and most popular men in the Richmond district, after he had been subjected to obloquy and vituperation for strangling the Bank of the United States and admitting Texas into the Union. His devotion to Virginia and her confidence in him were commensurate.

Such and so sincere was my appreciation of his character, and the estimate that I placed on his valuable and brilliant career that characterized his public conduct, that I invariably paid my respects to him as soon as he took his seat in convention.

It gives me pleasure now to recur to my past intercourse with him. I trust that his son will ascribe the prolixity of my reply to the sincerity of my esteem for one who loved and was beloved by Virginia with equal fervor.

Respectfully and truly yours,

LEWIS E. HARVIE.

Lyon G. Tyler, Esq., Richmond, Va.

SOURCE: Lyon Gardiner Tyler, The Letters and Times of the Tylers, Volume 2, p. 668-9

Senator Henry Clay to General Leslie Combs, March 7, 1849

NEW ORLEANS, March 7, 1849.

MY DEAR SIR,—I received your last letter, transmitting one which is returned. Many thanks are due to you for various communications received during the past winter, and which afforded me much valuable information. I should have before acknowledged them, but for the consequences of my fall, which for a time disabled me from both walking and writing.

The project of assuming the debt of Texas on the consideration of her relinquishment of her territorial claim beyond the Nueces, is worthy of serious examination. The difficulty in the way will be the Free Soil question.

I am most anxious that you should obtain some good appointment under the present Administration. You, I think, eminently deserve it. Whether I can aid you or not, I can not at present say. My relations to the President, on my part, and, as far as I know, on his, are amicable; but I have had no proof of any desire to confer or consult with me on any subject. Some of his warm and confidential friends, I have reason to know, view me with jealousy, if not enmity. While self-respect will restrain me from volunteering any opinion or advice, unless I know it will be acceptable, public duty will equally restrain me from offering any opposition to the course of his Administration, if, as I hope and anticipate, it should be conducted on principles which we have so long cherished and adhered to.

I hope to reach home, and to see you in all this month, when there will be time enough to talk over all these and other matters.

I did not go to the Call Session, because, supposing that it would be short and formal, and without any serious division, I disliked encountering, in my lame condition, a journey so long in the winter. I am, etc.

SOURCE: Calvin Colton, Editor, The Private Correspondence of Henry Clay, p. 585-6

Congressman Albert G. Brown’s Speech on the Slavery Question, August 29, 1850

SPEECH IN THE HOUSE OF REPRESENTATIVES, AUGUST 29, 1850.

MR. BROWN said he designed to make a few remarks only in reply to the gentleman from Illinois [Mr. McClernand], and the gentleman from New York [Mr. Brooks], who had just taken his seat. Both these gentlemen had taken a position which had been assumed since the beginning of the session by many gentlemen from the Northern States, and had put forth views which they seemed to regard as likely to obtain the favor of the South. If these gentlemen (said Mr. B.) were right in supposing that we of the South are mere shadows, occupied only in the pursuit of shadows, then they might succeed in the object at which they aim. But if we are real, substantial men, things of life and not shadows, then they will find themselves mistaken in their views. What was it the South had demanded? She had asked to be permitted to go into these newly-acquired territories, and to carry her property with her, as the North does; and he desired to tell his friends from Illinois and from New York, that she would be satisfied with nothing less than this. It was in vain to tell the people of the South that you will not press the proviso excluding slavery, because circumstances are such as to exclude slavery without the operation of this provision, and therefore it is not necessary to adopt it. He would tell gentlemen who use this argument, that the southern people care not about the means by which slavery is to be excluded. They will not inquire whether nature is unpropitious to the existence of slavery there, while they know that the whole course and desire of the North has been with a view to its exclusion from the shores of the Pacific. It was only necessary to look at the history of the last few years to satisfy ourselves that it has been the purpose of the North to produce this exclusion.

The honorable gentleman from Illinois had administered a welldeserved rebuke to the factious spirit of free soil, as manifested in the proposition of the gentleman from Ohio [Mr. Root]; for that he (Mr. B.) felt as profoundly grateful as any other man. It was a spirit which ought to be rebuked everywhere. It deserved the universal execration of all good men. But it was his duty to say to his honorable friend, that so much of his remarks as were directed against the proviso, on the ground that it was not necessary to our exclusion, failed to excite his (Mr. B.'s) gratitude, as they would fail to elicit the gratitude of the southern people. The gentleman from Illinois would not be informed that he had Mr. B.'s highest respect as a gentleman, and his sincere personal regard—but, as a southern man, he felt bound to say at all times, and on all occasions, to all persons, friends and foes, that he and his section demanded as a right an equal participation in all these territories, and they could not feel grateful to any man who placed his opposition to the proviso on no higher grounds than that they were excluded by other means. If his honorable friend had placed his opposition to the proviso on the grounds that the South had rights, and that those rights ought to be respected, then Mr. B. and the whole South would have felt a thrill of gratitude which none of them would be slow to express. If the proviso was wrong, it ought to be opposed on the high ground of principle, and not on the feeble assumption that it was unnecessary. To oppose it on the ground that it was not necessary, was to say in effect that it would be sustained if it was necessary.

The gentleman from New York had just informed the House that he was elected as a Wilmot proviso man, and now he rises and makes it his boast that he is backing out from the position he then assumed.

Mr. BROOKS (Mr. Brown yielding) said, that although this proviso was made a test, he had told the people who elected him that he would not pledge himself to vote for it; that he was willing to remain at home, but that, if he was elected, he must go as an independent man.

Mr. BROWN resumed. The gentleman from New York had certainly taken high ground. But, if he was not mistaken, that gentleman was the editor of a daily paper in New York (the Express), and in that journal, unless he was again mistaken, the Wilmot proviso had been supported. The gentleman, therefore, had not left much room for doubt as to his real sentiments. There was very little occasion for him now to come forward and to say whether he was for or against the proviso. But he desired to ask that gentleman, whether he was for or against this proviso when its adoption was deemed necessary for the exclusion of slaves from the new territories? If he was then in favor of the proviso, the fact that he is now opposed to it, because he is satisfied that the

South cannot carry her slaves thither on account of the hostility of the climate and soil, and other more potential causes, his position was one not calculated to excite the gratitude of the friends of the South.

Mr. BROOKS (Mr. Brown yielding) said, he had not changed one principle, but he had been converted to the gentleman's doctrine of nonintervention, or non-action. It had always been his opinion that the power of the general government ought never to be exercised, whether in favor of or against slavery. If the South should suffer from her inability to carry her slave property into these territories, the North would suffer still more if she was permitted to do so, because her citizens would not consent to go to these territories if slavery existed there.

Mr. HOLMES. I congratulate the whole country that the gentleman from New York has given up his adhesion to the Wilmot proviso.

Mr. BROWN (resuming). The conversion of the gentleman from New York to the doctrine of non-intervention had come about as much too late as his abandonment of the Wilmot proviso. They were both too late to do any good. If the gentleman had kept his hands off slavery before the last presidential election, then, indeed, the southern people might have had some reason for gratitude. But, instead of doing that, the gentleman adheres to the proviso until it is too late for non-intervention to do any good, and then he forsakes the former and becomes a convert to the latter.

The gentleman from New York appeared to be greatly horrified at what he was pleased to call political associations on this floor—at the strange phenomenon of the two great extremes of the North and the South voting together. He would explain this apparent inconsistency. The South regarded the whole of the territory to latitude 42° and east of the Rio Grande as the property of Texas, and was not disposed to permit any portion of that territory to be surrendered for the purpose of being made free soil. This was the position occupied by the southern extreme. The northern extreme considers the title of the United States to all this territory as clear beyond dispute, and therefore are opposed to purchasing it. This is the reason why the two extremes are acting together on principles apparently antagonistical, for the purpose of defeating this bill. Is it remarkable that he (Mr. B.) and his southern associates, believing conscientiously that the title to the country, in the language of the gentleman from Kentucky [Mr. Marshall], is in Texas, and that the United States has neither title nor color of title, should refuse to give it up? Is it strange that other gentlemen, believing, as they say they do, that the title of the United States is clear and indisputable, should refuse to pay Texas ten millions to withdraw an unfounded claim? Gentlemen may pretend to marvel at this singular political conjunction, but they all know perfectly well the motives which have produced it.

He, however, deemed that it would be found quite as remarkable a political phenomenon that the gentleman from New York, and many of his political friends from the South, should be found cheek-by-jowl with these same detested Free-Soilers on another question. We vote with them from exactly opposite motives, as the gentleman and the whole country very well know. But from what motive does the gentleman and his southern friends vote with them for the admission of California? Is there any opposite motive there? None, sir, none. There is one motive common to them all, and that is, the admission of a free state into the Union. The gentleman expresses special wonder that we are found voting with the Free-Soilers. Can he give any other reason than the one just assigned why he and his southern friends vote with them on another question?

Until the gentleman could assign some satisfactory reason why he and his party, North and South, were found in political fellowship with every Free-Soiler and Abolitionist in the land for the admission of California, it would be modest to suppress his wonder at the accidental association of Free-Soilers and southern gentlemen on the boundary of Texas.

The difference between us (said Mr. B.) is this: we act with them from extremely opposite motives; you from concurrent opinions and sentiments; and we will leave to posterity and the country to decide which stands most justified in the eyes of all honest and impartial men.

But his main object in rising to address the House was to say what were the demands of the South. She asks for an equal participation in the enjoyment of all the common property; and if this be denied, she demands a fair division. Give it to her, give it by non-intervention, by non-action, or by any other means, and she will be satisfied. This is her right, and she demands it. But if, instead of doing this, the North insists on taking away the territory and abridging the rights of the South, she will not submit to the wrong in peace, nor meanly kiss the hand that smites her. He uttered no threat, but it was his duty to say that the South could neither forget nor forgive a wrong like this. She cannot forget that these new territories were purchased in part by her blood and treasure, and she will not forgive the power that snatches them from her. He had never undertaken to say what course the South would feel it her duty to pursue on the consummation of her unjust exclusion from these territories, but he would say, that the act of her exclusion would sink like a poisonous arrow into the hearts of her people, and it would rankle there, and in the hearts of their children, as long as the union of these states continued. The consummation of northern policy may not produce an immediate disunion of these states; but it will produce a disunion of northern and southern hearts; and he left it to others to say whether a political union under such circumstances could be long maintained, or whether it was worth maintaining.

It can excite no feeling of gratitude that the gentleman from New York [Mr. Brooks] says he is now opposed to the Wilmot proviso. He is for the spirit of the proviso. He would be for its letter, if it was necessary for our exclusion. He consents to abandon it simply because it is useless. There was a day when it was potential. Then the gentleman was for it. Now, when he supposes our exclusion almost perfect, and the means at hand for its entire consummation, he magnanimously abandons the proviso. Wonderful liberality! Amazing generosity to the South! If the gentleman is not canonized as the most generous man of his age, surely gratitude will have failed to perform her office.

We of the South well understand the means employed for our exclusion. This proviso, once so much in favor with the gentleman from New York, now so graciously abandoned, performed its office. It was held in terrorem over California: southern property, termed as property always is, was kept out of the country. The column of southern emigration was checked at the onset—whilst every appliance was resorted to to swell the column of northern emigration. Every means was resorted to which political ingenuity could devise and federal power make effective, to hurry on this emigration, and then, with indecent haste, the emigrants, yet without names or habitations in the country, were induced to make a pretended state constitution, and insert in it the Wilmot proviso. The gentleman need not be told how far the federal administration was responsible for these things. He need not be reminded that he and his quondam proviso friends were prominent actors in all these scenes. Need he be told that the proviso was the SHIBBOLETH of their power? It was used so long as it was effective. It was used for our prostration, and now it is thrown aside for no better reason than that it is useless— that it is no longer necessary.

Does not the gentleman from New York know very well that the California constitution is no constitution until adopted by Congress? Does he not know that that constitution contains the proviso? Does he not know that the proviso is powerless in that constitution until sanctioned by Congress? And does he not mean to vote for that constitution, with the full intent and purpose of giving vitality to that proviso? With how much of liberality—with how much of justice to the South, does the honorable gentleman come forward to assure us that he is against the proviso? The gentleman is opposed to ingrafting the proviso on the territorial bills for Utah and New Mexico; and we thank him for his opposition. But what reason does the gentleman give for this opposition? The decrees of God have already excluded us. He has no idea that slavery would ever penetrate the country opposed to the proviso, because it is unnecessary. If it was at all necessary for our exclusion, the honorable gentleman would be for it. He must excuse us if our gratitude fails to become frantic for this singular exhibition of forbearance and liberality.

Mr. Brown was willing to trust the rights of the South on the strict doctrine of non-intervention. If God, in his providence, had in fact decreed against the introduction of slavery into Utah and New Mexico, he and his people bowed in humble submission to that decree. We think the soil and climate are propitious to slave labor; and if they are not, we shall never seek the country with our slaves. All we ask of you is, that you will not interpose the authority of this government for us or against us. We do not fear the Mexican laws, if you will in good faith stand by the doctrine of non-intervention. We will risk the protection of the Federal Constitution, and the banner of the stars and stripes, for ourselves and our property. All we ask of you is, that you will in good faith stand neutral.

He had never announced his purpose of voting against the territorial government for Utah. He meant to vote for it, and he should vote for the territorial government for New Mexico if the boundary was so arranged as to respect the rights of Texas. He was opposed to the admission of California, because her constitution was a fraud—a fraud deliberately perpetrated for the purpose of excluding the South; but he was in favor of giving governments to Utah and New Mexico on the ground of strict non-intervention. He did not want to be cheated in this business, and he therefore proposed this question to the honorable gentleman from New York: Suppose we pass these Utah and New Mexican bills at this session without the Wilmot proviso; and suppose the Southern people commence moving into the territories with their slaves, and it becomes apparent that they are to be slave territories and ultimately slave states; and suppose that the gentleman from Ohio [Mr. Root], at the opening of the next Congress, offers the Wilmot proviso with a view to check our emigration and to exclude us from the territories with our slaves, will the gentleman, if a member of Congress, then vote for the proviso?

Mr. BROOKS replied in the negative, as far as he was heard.

Mr. BROWN. Then if we take our slave property into the territories, we are assured that we are not to be disturbed in its peaceable and quiet enjoyment by any act of this government.

Mr. BROOKS said, that if he should be here he certainly should not vote to repeal any territorial bill for which he had voted. He only spoke for himself.

Mr. BROWN was gratified to hear this statement; whilst he could not insist on the gentleman answering for the North, he must express his regret that he did not feel authorized to answer at least for his political friends. The gentleman had answered manfully, and, he did not doubt, sincerely; and if the whole North, or a majority even, would answer in the same way, it would go far towards restoring harmony. He asked honorable gentlemen whether they were ready to pipe to the tune set them by the gentleman from New York? If they were, the whole South. would listen. It was a kind of music they liked to hear from the North. There was in it more of the gentle harp, and less of the war-bugle than they had been accustomed to from that quarter.

Mr. BROOKS said, it appeared after all that there was no essential difference between them.

Mr. BROWN. So far as this Congress is concerned, we ask nothing more than that we shall be treated as equals, and that no insulting discrimination should be made in the action of Congress against slave property. If the gentleman agrees to this, there can be no essential difference between us.

Now, Mr. Speaker, to the subject of the Texas boundary. Is there one man in this House, or throughout the nation, who does not know that but for the question of slavery, there would be no such question as that of the Texas boundary? Suppose, sir, that Texas and New Mexico were both as clearly slaveholding countries as North and South Carolina, how long, sir, do you think it would take this Congress to fix a boundary between them? Not one hour—certainly not one day. Of what consequence could it be to the North, whether Texas extended to the 32d or to the 42d degree, or to any intermediate point? Take out the question of slavery, and of what consequence is it where the boundary of Texas may be fixed? Does any man suppose that the money-loving men of the North would vote ten millions of dollars from a common treasury to buy a slip of soil from a slaveholding State, simply to give it to a slaveholding Territory? No, no. We all understand this matter. If the country is left in the possession and ownership of Texas, it must be slave territory, and if it is given up to New Mexico, you mean that it shall become free territory, and you do not intend to leave any stone unturned to accomplish this end. We know this, and we govern ourselves accordingly. Let northern gentlemen speak out on this subject.

The thin covering, that they want to do justice between Texas and New Mexico, furnishes a poor disguise to the real purpose. We all know that slavery restriction is the lever with which you are lifting the title of Texas off this country, and giving it up to New Mexico; and we all know that you are attempting to do this without right, or color of right, to perform such an act.

Mr. MCCLERNAND (Mr. Brown yielding) said, that Texas claimed the Rio Grande for its whole extent to be her western boundary. By the resolutions annexing Texas to the United States, slavery is interdicted north of 36° 30' within her professed limits. The amendment proposed by the gentleman from Kentucky (Mr. Boyd) provides that slavery may exist in any portion of the territory west of the boundary of Texas, as proposed by the Senate bill, between 32° and 38° north latitude, east of the Rio Grande. That is, the amendment provides that slavery may exist in any part of said territory, according as the people inhabiting it may determine for themselves when they apply for admission into the Union. So that to the extent of so much of said territory now claimed by Texas, lying between 36° 30′ and 38° north latitude, the South, according to the test of my able and worthy friend from Mississippi, stands upon a better footing under the amendment proposed than she does under the resolutions of Texas annexation.

Mr. BROWN resumed. If we are left in that condition in which we were by the annexation resolutions, we are satisfied. What we ask in regard to Utah, New Mexico, and California, is, that the North will not, by means direct or indirect, disturb us then in the quiet enjoyment of our property. What we ask in regard to Texas is, that you will abide by the resolutions of annexation. We are satisfied with the contract, and we are opposed to making any other. This contract gives us all south of 36° 30' as slave territory, and dedicates all north of that line to free soil. We stand by this. If gentlemen want to buy from Texas her territory north of 36° 30′, let them do it. They had his full consent to give her ten, twelve, or fifteen millions of dollars. He should interpose no objection. But when it came to selling out slaveholding Texas with a view of enabling the North to make New Mexico a non-slaveholding state the more readily, he felt it his duty to interpose by all the means in his power. He never meant to give his vote for any proposition or combination of propositions which looked to the deprivation of Texas of one inch of her rightful soil. He wanted to deal fairly by all parts of the country. He trusted he should be as ready to act fairly by the North as by the South, but he invoked the vengeance of Heaven if ever he gave his vote for any bill or proposition to buy the soil of a slave state to convert it into free soil.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 208-14

Albert G. Brown’s Speech on Millard Fillmore’s Message Concerning the Texas Boundary, August 8, 1850

SPEECH IN THE HOUSE OF REPRESENTATIVES, AUGUST 8, 1850, ON PRESIDENT FILLMORE'S MESSAGE CONCERNING THE TEXAN BOUNDARY.

MR. BROWN said:—When the President's message was read at the clerk's desk on Wednesday, it struck me as the most extraordinary paper which had ever emanated from an American President. I have since read it carefully, and my first impressions have been strengthened and confirmed.

The document is extraordinary for its bold assumptions; extraordinary for its suppression of historical truth; extraordinary for its war-like tone; and still more extraordinary for its supercilious defiance of southern sentiment.

The President assumes that to be true which covers the whole ground in controversy, and to do this he has been driven to the necessity of suppressing every material fact; and having thus laid the basis of the message, he proceeds to tell us what are the means at his disposal for maintaining his positions; and winds up with a distinct threat, that if there is not implicit obedience to his will, these means will be employed to insure the obedience which he exacts.

Kings and despots have thus talked to their subjects and their slaves, but this is the first instance when the servant of a free people, just tossed by accident into a place of power, has turned upon his masters, and threatened them with fire and sword if they dared to murmur against his imperial will.

The President sits down to address his first important message to Congress, and, as if forgetful of his position, and mistaking this for a military, instead of a civil government, he tells us he is commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into actual service. He next proceeds to inform us that all necessary legislation has been had to enable him to call this vast military and naval power into action. No further interposition of Congress is asked for or desired. His duties are plain, and his means clear and ample, and we are told with emphasis, that he intends to enforce obedience to his decrees.

A stranger, who knew nothing of our institutions, might well have supposed, from the reading of the message, that the President was a military despot; and to have seen him striding into the House of Representatives with a drawn sword, pointing first to the army, and then to the navy, and then to the militia, one, by a very slight transition, might have supposed himself in the presence of Oliver Cromwell, instead of Millard Fillmore. Why, sir, this redoubtable military hero, who "never set a squadron in the field, nor does the division of a battle know more than a spinster," talks as flippantly to Congress and the people about commanding the army and navy and militia of the United States, as if he were a conquering hero addressing his captives, instead of a civil magistrate making his first obeisance to his superiors.

Am I to be told by the friends of the President, that no threat was implied in his late insolent and insulting message—that he did not mean to threaten or menace Texas or the South, by the language employed in that paper? Then why inform us that he is commander-in-chief of the naval and military power of the government? Why buckle on his armor? Why present himself here panoplied, as if for war, if his mission was one of peace? Was it necessary for the information of Congress, or of the country, that the President should tell us that he is the constitutional commander-in-chief of the army and navy? Why tell us with so much of precise detail, what laws were in force amplifying his powers under the Constitution, if he did not mean to intimidate us? Why, sir, did he inform us that his duty was plain, and his authority clear and ample, if he did not mean to close the argument, and rely upon the sword? The whole scope and purpose of the message is clear and palpable. It was intended to drive Texas and the South into meek submission to the executive will. Instead of entering into a calm and statesman-like review of the matters in controversy, he leaps at one bound to his conclusions—asserts at once that Texas has no rightful claim to the territory in dispute. He plants his foot, brandishes his sword, and, in true Furioso style, declares that

"Whoso dares his boots displace,

Shall meet Bombastes face to face."

Well, sir, we shall see how successful this display of military power on the part of the illustrious "commander-in-chief of the army and navy" will be in bringing the South to a humiliating surrender.

If there be any one here or elsewhere, Mr. Chairman, who supposes that the President has acted properly in this matter, let me speak to him calmly. Is there an instance on record where a friendly power has gone with arms in his hands to treat with another friendly power? Texas is not only a friendly power, but she is a state of this Union, allied to us by every tie, political, social, and religious, which can bind one people to another. Her chief magistrate has witnessed with pain and sorrow, an attempt on the part of this government to wrest from his state a portion of her territory. He thinks the President may not be cognisant of these transactions. He knows it is being done without authority of law; and what course does he take? He writes to the President a respectful note, informing him, in substance, that an officer of the army, stationed in Santa Fé, had interposed adversely to the authority of Texas, and was fomenting discord, and exciting the inhabitants to rebellion. He made a respectful inquiry, as to whether this officer was acting in obedience to the will or wishes of the President. Now, sir, how was this inquiry answered? Did the President make a respectful answer to a respectful inquiry? No, sir. He goes off in a blaze of military fire; points to his military trappings—"Here is my army, here is my navy, and there is the militia; my mind is made up; I do approve of the conduct of my civil and military governor in Santa Fé; and if you attempt to displace him, or question his authority, war, war, war to the knife, will be the consequence.” Such, sir, is my reading of the President's message. Was there ever such a beginning to a friendly negotiation? Suppose Great Britian had sent a military force to take possession of our northeastern territory or of Oregon, and the British officer in command had issued his proclamation calling the inhabitants together to make and establish a government adverse to the United States, and in total disregard of her claim; suppose that, on seeing this, the President of the United States had addressed a respectful inquiry to the British government, to know if this proceeding was approved; and then, sir, suppose the British Minister had replied, "Her majesty has so many ships of the line, so many war-steamers. Her military resources are thus and so. She approves of the conduct of her officer in Oregon or in Maine. Her duty is plain, and her means ample for maintaining the authority she has assumed." What, let me ask you, men and patriots, would have been thought of conduct like this? Would the American President have dared to outrage the sentiment of his country by pocketing such an insult, and then proceeding with the negotiation? If he had, is there one man in all this broad land who would not, with his last gasp, have heaped curses and imprecations upon his head? And shall this government force an insult upon Texas, a sister of the confederacy, which she would not and dare not take from any power on God's earth?

I know not what course Texas may think it her duty to take in this emergency. But, sir, if she strike for her honor—if she strike for her altars and her firesides if she strike for liberty and law, I warn her oppressors that she will not strike alone.

But, Mr. Chairman, I have said that the President has virtually taken this question of the disputed boundary between Texas and the United States out of the hands of Congress, and has assumed, by an executive pronunciamiento, to settle the whole matter adversely to Texas; and I will show that he means this, if he means anything.

As for anything which appears in the message, Texas never had a shadow of claim to any part of the country in dispute. The President is particular in stating that the country was a part of New Mexico prior to the treaty of Guadalupe Hidalgo, and recites at full length the fifth, eighth, and ninth articles of that treaty, to show that the country belongs to the United States, and that he is bound to protect it by military power. But he wholly omits to say anything of the grounds on which Texas bases her claim; not one word of her revolutionary rights; nothing of her treaties with Mexico; not a syllable about her boundary as defined in her constitution of 1836; no reference to the negotiations which led to her annexation; nothing of the opinions of his predecessors and their cabinets, recognising the rights of Texas within the boundary as prescribed by her constitution; and lastly, no mention of the crowning act of annexation—the resolutions of March 1, 1845, by which the star of her existence was blotted out and her political institutions buried in those of the United States.

If Mr. Fillmore had thought it worth his while to look into these matters, he would have found his duty not quite so plain, nor the obligation quite so imperative to use the naval and military power of this government to crush Texas, if she dared to assert her rightful claim to the country in dispute.

I commend the history of this transaction to the President and his advisers before they commence hanging the Texans for treason. Perhaps it may be found that Texas acquired some rights by her revolution and by her treaty with Santa Anna. It may turn out that she placed the evidence of her rights on record in the enduring form of a written constitution. It may appear that these rights were recognised by every department of this government in its negotiations and debates on the. treaty of annexation. It will most certainly appear that these rights were solemnly recognised by this government in the final consummation of that treaty. By the resolutions of annexation, approved March 1, 1845, it was provided, among other things, that all that part of Texas lying south of thirty-six degrees and thirty minutes north latitude, should be admitted into the Union with or without slavery as the people might elect; and in all that part lying north of the said parallel of thirty-six degrees and thirty minutes, slavery should be prohibited. Now, sir, what does this language mean, and why was it employed? Texas, as we all know, had defined her boundaries; she fixed her western limits on the Rio Grande, from its mouth to its source, and she extended her northern limits to the parallel of 42°. Hence, when she asked admission into the Union, there was no dispute between her and the United States as to where her boundaries were. She presented herself with fixed boundaries, and we took her as she was. By a solemn compact, as binding in its forms as a treaty between nations could make it, and as plain in its terms as our language could express it, we accepted her, and shaped her policy through all after time on the subject of slavery. Her territory north of 36° 30' was to be free, and all south of that line was to be slave territory. Such was the contract between Texas and the United States—the only contracting parties. Texas presented herself bounded on the west by the Rio Grande and on the north by the 42d parallel, and we took her as she presented herself. We had either to do this or not take her at all. All the debates, all the negotiations, all that was written or said on the subject pending the treaty of annexation, shows that this was the understanding of both parties. True, there was an outstanding dispute between Texas and Mexico about the separate or independent existence of Texas. Mexico denied the nationality of Texas. The United States admitted it; and treated with her as a sovereign. Mark you, Mexico did not dispute with Texas about a boundary, but about her separate national independence. We admitted Texas, by a treaty entered into between her and the United States, into the Union of these states, and we undertook to defend, to protect and maintain her against Mexico. We did this in good faith—we went to war with Mexico. That war resulted in Mexico giving up all the territory that lay within the limits of Texas, as defined by herself, and in her ceding other vast tracts of country to the United States. Now, sir, what do we hear? Why, that certain territory within her constitutional limits at the period of annexation, never did belong to Texas; but that it was an integral part of Mexico. And though we assumed to say how much of it should be free and how much slave territory, it was in truth and in fact foreign territory. By what right did the American Congress undertake to say that so much of Mexican territory as lay north of 36° should be free, and all below that slave territory? Congress undertook no such thing. We all thought then, as I think now, that the country belonged to Texas; and we consulted with no one else—contracted with no one else in regard to it.

The President has with great care traced out the line between the United States and Mexico, as defined in the treaty of Guadalupe Hidalgo, and has dwelt on the fifth, eighth, and ninth articles of that treaty with great apparent unction, as sustaining his position of hostility to Texas. Sir, what had Texas to do with that treaty? What matters it with Texas as to what contract the United States may have made with Mexico? Time was, when Texas was a sovereignty among the nations of the earth; we so acknowledged her; we contracted with her in that capacity—what she demands to-day is, that you fulfil the contract made with her. She is no party to your contract with Mexico; she demands good faith in the execution of that contract by which you obtained her sovereignty, and agreed to protect her against Mexico; she protests against your protecting her against Mexico, and dismembering her yourself.

When, Mr. Chairman, the President was telling us what were his duties under our treaty with Mexico, I pray you, was it not his duty to have told us what were his duties under the treaty with Texas? And when he was dwelling with so much delight upon the three articles of the treaty of Hidalgo, as the law which he was going to enforce with fire and sword, was it not worth his while to have made some passing notice of the treaty of 1845 with Texas? Or has it come to this, that a Free-Soil President feels under no obligations to execute a contract with a slave state? I suppose, with true Catholic instincts, he does not feel bound to keep faith with heretics.

Santa Fé, the country where Lieutenant-General Fillmore is going to halt his grand army, and through which, I suppose, Commodore Fillmore may be expected to sail with his naval fleet, lies not only south of the northern boundary of Texas-that is, 42° north latitude—but it is in fact south of the compromise line of 36° 30' by many miles. Not only has the President, in setting aside the legal boundary of Texas, as defined in her constitution and recognised by this government in various forms, outraged her rights, and covered at one sweep every inch of ground in dispute between the United States and Texas, but he has gone further, much further; he has established, or attempted to establish, a principle which threatens the very existence of Texas as a separate state.

What says the President? That he is bound, by the highest official obligations, to protect the Mexican inhabitants of Santa Fé or New Mexico, as he is pleased to call it, against the authority of Texas. He has announced, that if Texas attempts to assert her authority in that country, and to punish those who commit overt acts of treason against her, he will resist her with the whole naval and military power of the government. Bear in mind, that this country is within her limits, as defined by her constitution of 1836, and within the limits of the slave portion of this territory, as defined by the resolutions of annexation. Now, where does the President look for his authority thus to resist the authority of Texas? Not, sir, to the treaty of annexation, but to the treaty with Mexico, and to the eighth and ninth articles of that treaty. He finds here that Mexicans residing in the territory ceded to the United States by Mexico, shall be protected in their lives, liberty, property, and religion. Planting himself on these stipulations, he announces his fixed determination to defend the Mexican inhabitants against the authority of Texas. The treaty with Mexico is the only law for his government in this regard. He wholly discards and treats with contempt the treaty with Texas. He looks to but one boundary—that established by the Mexican treaty. He looks to but acquisition, and that the acquisition from Mexico. Now, sir, what is this boundary? and what this acquisition? The boundary is the Rio Grande to the southern limit of New Mexico, thence to the Gila river, and to the Pacific. The acquisition embraces all the territory lying between Louisiana and Arkansas and the Indian territory, on the one side, and this Mexican boundary on the other. We must recollect that Mexico never recognised the independence of Texas; and when we treated with her, we treated for California and New Mexico, and Texas from the Louisiana line to the Rio Grande. The President does not respect the line of Texas, as defined in her constitution and recognised by the resolution of annexation. He kicks this line out of his way, and has announced his intention to be governed alone by the treaty of Hidalgo. He says he will resist Texan authority below the line of forty-two degrees; aye, he will resist it below thirty-six and a half degrees. I know of no other line. The President admits in his message that he does not know where the true boundary is. Then it becomes a matter of interesting inquiry where his authority is going to stop. If the only boundary known to any law as existing between the United States and Texas, is disregarded, and the President is resolved to protect all Mexicans living on territory ceded to the United States by Mexico, and it is true, as we have seen, that Texas was as much а cession, so far as the treaty of Hidalgo is concerned, as New Mexico and California; and if the President is going to protect Mexicans against the authority of Texas in Santa Fé,—I should like to know how much further down he is going to extend his protecting care. Will he go down to Austin? Will he punish as far down as Houston? May Mexicans expect the shield of his protecting care in Galveston? Is the authority of Texas everywhere to fall before the triumphant march of this most valiant hero-this commander-in-chief of the army and navy of the United States? It might economize blood, sir, if this conquering chief would only deign to fix a boundary—put up a sign-post at the point where he intends to stop hanging and chopping off heads.

Mr. Chairman, I have great respect for true and genuine heroism; but I confess myself rather restive in the presence of the bastard progeny which this slavery agitation has brought forth. When we were threatened with thirty-nine western regiments, I grew impatient; when we were threatened with ten thousand Kentuckians, led on by the great compromiser, I felt still more provoked; but when Millard Fillmore mounts his Pegasus, and attempts to drive over us with the whole naval and military power of the nation, I cannot think or speak with patience. When Jackson threatened, there was dignity in the threat. When Taylor threatened, it was not quite contemptible; but for Millard Fillmore, a mere come-by-chance—a poor little kite, who has fallen by accident into the eagle's nest—when he attempts to play the hero, and to threaten the South, one scarcely knows what limit to fix to contempt and scorn. If these feelings have a deeper depth in the human soul, let the upstart hero, not yet warm in the seat of accidental honor, know and feel that he has reached that deeper depth in the heart of every true and faithful son of the yet proud and independent South.

What, Mr. Chairman, is the meaning of all this? Why does the President disregard the most solemn obligations? Why, sir, does he manifest so much of impatience to wrest successfully from Texas that which is so justly her own, and which she never can surrender without dishonor? And why, sir, independent of all considerations of justice and national faith, are we of the South bound to make common cause with Texas? Because, sir, you and I, and every other southern man, know that the question of slavery lies at the bottom of all these movements. That question out of the way, and the President and his cabinet, and his friends on this floor, would not care a single rush whether Santa Fé was in Texas or New Mexico. That question out of the way, and we should have no disputing about this country. The treaty obligations between the United States and Texas would be faithfully maintained, and harmony would be restored in twenty-four hours. Is it not melancholy, is it not alarming to every true patriot, to see that this war upon a section, this eternal and never-ending assailment of the South, has not only warped the judgment of the best and purest men of the North, but has so far influenced the action of the President of the United States, that he not only does not execute a treaty for the advantage of slavery, but, in dereliction of the plainest dictates of duty, absolutely refuses to do so? Can any man look at this state of things and not see the frightful end we are approaching? What was the manifest duty of the President, and in this conjuncture of our affairs—admitting that he thought, as I certainly do not, that there was reasonable grounds of dispute as to the true boundary of Texas? Was it not,

sir, to have occupied the country peaceably and quietly until the question was settled—taking no advantage to himself, and giving none to the other party? I hear a voice say, That is just what he did. Not so, sir. His predecessor, General Taylor, found a military government there, and he allowed that military government to foment disloyalty to Texas, and to take incipient steps for throwing off the authority of Texas. The acting President goes further, and not only approves this conduct, but gives us to understand that he means to maintain it by force of arms. The President knows full well that if the rebels against Texas throw off her authority and establish an anti-slavery constitution, a free-soil majority here stand ready to admit her into the Union as a state. It is said that the President never threatened to use military power until Texas had first threatened. We all know, Mr. Chairman, on what state of facts the movements of Texas have been based. We all know that Texas acquiesced in your sending a military establishment to Santa Fe, under an assurance that it was not to be used against her claim, or to her prejudice; and we all know that this same military power in the hands of the President was used to subvert the authority and trample under foot the rights of Texas. Thus it was, sir, when Texas saw herself, by means like these, driven from her rightful possession, that she first spoke of force. But even then, sir, she asked respectfully what was meant by all these proceedings, and whether the President approved them; and we have already seen in what spirit that civil inquiry was responded to. Texas would be unfaithful to her past history if she feared to assert her rights, or faltered in maintaining them against whatever odds.

In what attitude, Mr. Chairman, does the northern Democracy present itself on the question of the Texas boundary? It is within your recollection, that in the memorable political contest of 1844, Texas was inscribed on all our banners; and from the loud huzzas that went up continually, I thought it was inscribed on all our hearts. Mr. Van Buren was discarded, and Mr. Clay crippled in the affections of his friends on account of their mutual hostility to the project of annexation. Mr. Polk was nominated and elected on the issue. The measure was consummated in compliance with the people's mandate. War ensued, and the people turned out en masse to prosecute it to a successful termination. The first blood was shed between the Nueces and the Rio Grande; and the Democracy voted on their oaths that it was American blood shed on American soil. You defended the President through the whole of the war, always maintaining that the Texas we acquired, was Texas according to the constitution of 1836; Texas as she presented herself, and as she was accepted under the resolution of annexation. Now, where are you? Will you vote to-day as you voted in 1844? Will you vote to-day as you continued to vote through the whole of the Mexican war? And if not, why? I can understand a northern Whig who votes against the claim of Texas. He belongs to a party who was opposed to annexation; opposed to the war; opposed to the acquisition of additional territory; opposed to everything that you and I were for. But how you can oppose this claim, recognised as it has been in every form, supported as it has been by you and me through all its various forms and phases, I must confess myself at fault to understand.

There is one other matter to which I must advert. It is become quite too common of late, for certain political censors, in and out of Congress, to speak of southern men who demand justice for the South, as ultras; and if we persist in our demands, and can neither be bribed or brow-beaten into acquiescence with northern wrongs, the next step is, to whistle us down the winds as disunionists and traitors. It is not, sir, because I fear the effects of charges like these on the minds of my constituents that I now speak. They have known me for many long years; I have served them here and elsewhere; and if there is any earthly power to persuade them that I am a disunionist or a traitor to my country, I would scorn to receive office at their hands. I allude to charges like this, that I may hold them up to public scorn and reprobation. The miserable reptiles who sting the South while they nestle in her bosom, are the authors of these base calumnies. Sooner or later they will be spurned as the veriest spaniels who ever crouched at the footstool of power. I fancy, sir, that there is perfect harmony of sentiment between my constituents and myself on the subjects which now divide the North and the South. We are southerners and go for the Constitution, and the Union subordinate to the Constitution. Give us the Constitution as it was administered from the day of its formation to 1819, and we are satisfied. Up to that time Congress never assumed to interfere with the relation of master and servant. It extended over all, and gave to all equal protection; give it to us to-day in the same spirit, and we are satisfied. Less than this we will not accept. You ask us to love the Constitution, to revere the Union, and to honor the glorious banner of the stars and stripes. Excuse me, gentlemen; but I must say to you, in all candor, that the day has gone by when I and my people can cherish a superstitious reverence for mere names. Give us a Constitution strong enough to shield us all in the same degree, and we will love it. Give us a Union capacious enough to receive us all as equals, and we will revere it. Give us a banner that is broad enough to cover us as a nation of brothers, and we will honor it. But if you offer us a broken constitution—one that can only shield northern people and northern property—we will spurn it. If you offer us a union so contracted that only half the states can stand up as equals, we will reject it; and if you offer us a banner that covers your people and your property, and leaves ours to the perils of piracy and plunder, we will trample it under our feet. We came into this Union as equals, and we will remain in it as equals. We demand equal laws and equal justice. We demand the protection of the Constitution for ourselves, our lives, and our property. Wherever we may be, we demand that the national flag, wherever it may wave, on the land or on the seas, shall give shelter and security to our property and ourselves. These are our demands: will you comply with them? You have the power to grant or refuse them. Grant them, and our feelings of harmony and brotherhood will be restored. These evidences of decay that we witness all around us will vanish, and a strong, healthy, vigorous national prosperity will spring up. I shall not predict the consequences of your refusal; they are so plain that “a wayfaring man though a fool" cannot mistake them. They exhibit themselves in a thousand different forms—in the divisions of our churches, in the estrangement of family ties, in jealousies between the North and the South, in the gradual but certain withdrawal of all confidence and fellowship between the people of the two great sections. Where is the patriot heart that has not throbbed with the deepest anxiety as from day to day the growth and progress of these things has become more apparent? I will not dwell upon a theme so full of melancholy; but allow me to add, in conclusion, I sincerely hope your conduct may not force us in the end to say, We once were brothers, but you have become our enemies and we are yours.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 200-8

Congressman Horace Mann, September 8, 1850

SEPT. 8, 1850.

Texas has not a particle of rightful claim to all the north-western region this bill contends for; but she has passed a law claiming it, and threatens to make war upon the Union if her claim is not allowed. An extra session of her legislature is now in being. Her governor recommends that she should raise and equipmen to march to Santa Fé, and subdue the people there to her control (who are Mexicans, and who hate her); and the legislature is now preparing means to carry, or rather to seem to carry, their threats into execution. Our great Presidency-seekers, Webster, Cass, Clay, &c., wish to succumb to her claims. They cannot afford to offend any party at the South, because they want the votes of the South. The South wants Texas to have all this territory, because Texas is one of the most atrocious proslavery States in the Union; and, if any part of the territory is set off to New Mexico, they say it may eventually be free. Those who think their party will gain something by yielding to this false claim of Texas go for it with their leaders. Texas would not relinquish an inch of it but for money: therefore it is proposed to give her ten millions of dollars to buy her off. It is the most outrageous piece of swindling ever practised. In reality, we give her, by this boundary, a hundred thousand more square miles than she owns, and ten millions of dollars besides. President Taylor meant to maintain the rights of the country; and, if he had lived, we should have tried strength with the miserable braggarts of Texas: but, since his death, the whole policy of the Administration is changed, and with that, owing to their power and patronage, Congress is demoralized, and the bill has passed, and the Territories have governments without any prohibition of slavery. California is admitted as a free State; and that is all the compensation we have.

I am sick at heart, and disgusted at the wickedness of men.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 322-3

Congressman Horace Mann to Samuel Downer, September 13, 1850

WASHINGTON, Sept. 13, 1850.

MY DEAR DOWNER,—I wrote you nothing about affairs; and how could I? The atmosphere is full of treachery. If what was done about New Mexico and Texas shocks every honest mind, what will be said of the Fugitive-slave Bill?

By the way, in the "Boston Courier" of Tuesday they pretend to give the Texas Boundary Bill; but they wholly omit the clause at the end, by which an additional slave State is given to Texas. So I see, in the "Union" of this morning, they profess to give the Fugitive-slave Bill, but leave out from the fifth section one of the most obnoxious and outrageous provisions which the bill contains. I have seen these bills quoted falsely in other Northern papers. Is this ignorance, or falsehood?

You do not tell me how this series of measures strikes the Northern mind. Are they all dead in Massachusetts? Will there be no re-action? or will the Whigs face about, and go for slavery in 1850, as the Democrats did for Texas in 1846? . . .

We had no chance to amend the Fugitive-slave Bill. It was hardly anticipated that not a moment's debate or chance for amendment would be allowed. . . .

If the friends of freedom do not rally on this, they are dead for half a century.

Does the "Atlas" lie down, and take it without one kick? Do all the Boston papers take command, as expressed by Byron?—

"Kiss the rod;

For, if you don't, I'll lay it on, by God!"

Yours ever and truly,

HORACE MANN.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 329

Congressman Horace Mann to Samuel Downer, August 21, 1850

WASHINGTON, Aug. 21, 1850.

S. DOWNER, Esq.

MY DEAR SIR,—The only question on which the sincere friends of freedom here have any doubt is the Texas Boundary Bill. Most of us, I think, will go against this as it now is; but suppose it could be amended so as to conform its northern line to that of the Compromise Bill, and suppose also we could strike out the provision which secures the right to Texas to bring forth four slave States, what would then be your opinion about suffering it to pass, or helping to pass it? This boundary properly settled, I think we could count upon all the rest as free territory.

I see the "New-Bedford Standard," a Democratic Free-soil paper, comes out for the boundary as it is. So does the "Nantucket Inquirer." So, I am told, does the "Ploughman," a neutral paper. Doubtless the Whig papers will generally come out for it.

There is to be a competition between the old Hunkers of both parties for Southern support. On this Texan boundary question, I prophesy they will carry the country with them. On the Territorial questions, country or no country, I will never go with them. Either no Territorial governments, or governments with the Wilmot Proviso in them.

Please give me, as soon as you can, your opinion on the boundary matter, and I shall prepare myself for doing what, under all the circumstances, seems to be best for the cause.

Your last letter was very gratifying. You seem to me to take the most just, practical, as well as theoretical view of things.

In great haste, very truly yours,

HORACE MANN.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 317

Congressman Horace Mann, August 15, 1850

Aug. 15. The House is engaged in an earnest debate on the subject of the President's message about Texas; the North generally defending and upholding it, while the South is declaiming against it con furore. The South is becoming, to appearance, more desperate; and the men talk treason as they take their daily meals. We are to have warm times here before we leave. Calling the yeas and nays, and practising all manner of delays, will be resorted to, no doubt; and we shall have one or two night sessions. But it is thought we are strong enough to divide, and work by relays; that is, one half of us stay by for twelve hours, and the other half for the next twelve.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 312

Daniel Webster to Professor Stuart, August 10, 1850

Washington, August 10, 1850.

MY DEAR SIR,—So many things have occupied my attention of late, that I have neglected those I love most, and am most indebted to. I have no other apology for suffering your letter to remain so long unanswered.

The cabinet is not yet full, but will be if Mr. McClelland accepts the Department of the Interior. They are all sound men, of fair and upright character, sober minds, and national views. The President himself is a man of sagacity, entire fairness, and a good deal of vigor.

There is yet to be a warm contest in the House of Representatives, extremes coöperating as usual. The southern gentlemen, in number about forty, had a meeting last night. They resolved to resist, and try to amend the bill for the settlement of the Texan boundary, but not to make any factious opposition, by calling ayes and noes, &c. It is probable the bill will pass the House, as it went from the Senate.

It is hoped the California bill will get through the Senate on Monday.

All Southern men of intelligence and fairness, admire your pamphlet, and they intend, in a quiet way, to give it extensive circulation. The most learned and respectable clergymen this way, all say the scriptural argument is unanswerable. Badger, who is learned and discerning in such things, particularly admires it. I shall join very cordially in an attempt to spread its influence and usefulness. No matter who, or how many attack you. If they will only quote you fairly, you have nothing to fear. But some periodicals, calling themselves religious, have an abominable habit of misrepresenting an adversary's statements and arguments.

I am rather ashamed of my change of position.¹ I fear I've come from home; but here I am, and shall do as well as I can. I have great occasion to be thankful for excellent health. Yours, with affectionate regard,

D. WEBSTER.

_______________

¹ Leaving the Senate for the [State] Department.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Vol. 2, p. 383-4

Daniel Webster to Franklin Haven, September 12, 1850

(PRIVATE.)

Washington, September 12, 1850.

MY DEAR SIR,—I use the confidential hand of another to write you a short letter, my eyes holding out only to perform a small part of the duty expected from them every day. I am in the midst of my periodical catarrh, or "hay fever," or whatever you please to call it, but which you know all about. I read nothing, and hardly write any thing but signatures. The disease is depressing and discouraging. I know that there is no remedy for it, and that it must have its course. It produces loss of appetite and great prostration of strength, but since the event of last week terminated, I have some little time for rest, and shutting myself up very much, I keep as quiet as I can.

My dear Sir, I think the country has had a providential escape from very considerable dangers. I was not aware of the whole extent of the embarrassment likely to arise till I came here, last December, and had opportunities of conversation with General Taylor, and the gentlemen of his administration. General Taylor was an honest and truly patriotic man; but he had quite enough of that quality, which, when a man is right, we call firmness, and when he is wrong, we denominate obstinacy. What has been called the President's plan, was simply this; to wit, to admit California under her free constitution, and to let the territories alone altogether, until they could come in as States. This policy, as it was thought, would avoid all discussion and all voting on the question of the Wilmot proviso. All that matter it was supposed, might be thus postponed, and the slavery question staved off. The objection to this plan, was the same as that to poor King Lear's idea of shoeing a company of horse in felt, and stealing upon his enemies. It was flatly impossible; that's all. But the purpose was settled and decided. General Taylor told me, in the last conversation I had with him, that he preferred that California should not come in at all, rather than that she should come in bringing the territories on her back. And if he had lived, it might have been doubtful whether any general settlement would have been made. He was a soldier, and had a little fancy, I am afraid, to see how easily any military movement by Texas could have been put down. His motto was, "vi et armis!" He had a soldier's foresight, and saw quite clearly what would be the result if Texan militia should march into New Mexico, and there be met by troops of the regular army of the United States. But that he had a statesman's foresight, and foresaw what consequences might happen in the existing state of men's opinions and feelings, if blood should be shed in a contest between the United States and one of the southern States, is more than I am ready to affirm. Yet long before his death, and in the face of that observation which he made to me, as already stated, I made up my mind to risk myself on a proposition for a general pacification. I resolved to push my skiff from the shore alone, considering that, in that case, if she foundered, there would be but one life lost. Our friend Harvey happened to be here, and with him and Mr. Edward Curtis, I held a little council the evening before the speech. What followed is known. Most persons here thought it impossible that I should maintain myself, and stand by what I declared. They wished, and hoped, and prayed, but fear prevailed. When I went to Boston soon afterwards, and was kindly received, and intimated that I should take no march backward, they felt a little encouraged. But truly it was not till Mr. Eliot's election that there was any confident assurance here that I was not a dead man. It would be of little consequence, my dear Sir, if I could only say that Boston saved me, but I can say with all sincerity, and with the fullest conviction of its truth, that Boston saved the country. From the commencement of the government, no such consequences have attended any single election, as those that flowed from Mr. Eliot's election. That election was a clear and convincing proof, that there was breaking out a new fountain of brilliant light in the East, and men imbibed hopes in which they had never before indulged. At this moment it is true that Mr. Eliot is the greatest lion that exhibits himself on Pennsylvania avenue. He is considered the personation of Boston; ever intelligent, ever patriotic, ever glorious Boston; and whatever prejudices may have existed in the minds of honorable southern men, against our good city, they are now all sunk and lost forever in their admiration of her nationality of spirit.

But I must stop here. There is much else that I could say, and may say hereafter, of the importance of the crisis through which we have passed. I am not yet free from the excitement it has produced. I am like one who has been sea-sick, and has gone to bed. My bed rolls and tosses by the billows of that sea, over which I have passed.

My dear Sir, this is for your own eye. You are much younger than I am, and hereafter possibly you may recur to this hastily dictated letter not without interest. If you think it worth reading, you may show it to T. B. Curtis, Mills, Fearing, and Harvey, &c. It is but half an hour's gossip, when I can do nothing but talk, and dictate to a confidential clerk.

Yours, always truly,

DAN'L WEBSTER.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Vol. 2, p. 386-8

Congressman Horace Mann, June 18, 1850

JUNE 18, 1850.

Yesterday Mr. Webster made his last and special declaration. A motion was pending, that it should be no objection to the admission of any State hereafter to be formed out of the territory ceded by Mexico, that is, California, Utah, or New Mexico,—that its constitution should recognize or provide for or establish slavery. The present Congress, it is admitted on all hands, has no power to act on that subject; but the movement was designed to give some moral power to the claims of slavery hereafter, should such claims be made. Mr. Webster took a retrospect of his whole course since the 7th of March speech, his Newburyport letter, &c., and declared that he had seen, heard, and reflected nothing which had not confirmed him in the soundness of his opinion; and so, in the most solemn manner, he declared his purpose to go for the bill. I think it will pass the Senate beyond all question. I fear it will also pass the House. It is said that Mr. Clay put in the provision about buying out the claims of Texas at some eight or ten or twelve millions of dollars, for the very purpose of securing a sufficient number of votes to carry it.

The Texan debt consists of bonds or scrip, which, at the time the Compromise Bill was brought in, was not worth more than four or five cents on the dollar: but the same stock is said to be now worth fifty per cent; and, should the bill pass, the stock will be worth a premium. Now, where so many persons are interested, will they not influence members? May not members themselves be influenced by becoming owners of this stock? It affords at least a chance for unrighteous proceedings; and, should the bill pass, there are members who will not escape imputation and suspicion.

A rumor has reached us from New Mexico, that the people are taking steps there to call a convention for the formation of a State Constitution. Should this prove authentic, as most people here think it will, and should they put a proviso against slavery in their constitution, would it not look like a godsend, like a special providence, notwithstanding all we say about that class of events?

Oh, may it turn out to be so!

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 303-4

Charles Sumner: Our Immediate Antislavery Duties, November 6, 1850

OUR IMMEDIATE ANTISLAVERY DUTIES.

SPEECH AT A FREE-SOIL MEETING AT FANEUIL HALL,

NOVEMBER 6, 1850.

MR. CHAIRMAN, AND YOU, MY FELLOW-CITIZENS:

Cold and insensible must I be, not to be touched by this welcome. I thank you for the cause, whose representative only I am. It is the cause which I would keep ever foremost, and commend always to your support.

In a few days there will be an important political election, affecting many local interests. Not by these have I been drawn here to-night, but because I would bear my testimony anew to that Freedom which is above all these. And here, at the outset, let me say, that it is because I place Freedom above all else that I cordially concur in the different unions or combinations throughout the Commonwealth, ——— in Mr. Mann's District, of Free-Soilers with Whigs, ——— also in Mr. Fowler's District, of Free-Soilers with Whigs— and generally, in Senatorial Districts, of Free-Soilers with Democrats.

By the first of these two good men may be secured in Congress, while by the latter the friends of Freedom may obtain a controlling influence in the Legislature of Massachusetts during the coming session, and thus advance our cause. [Applause.] They may arbitrate between both the old parties, making Freedom their perpetual object, and in this way contribute more powerfully than they otherwise could to the cause which has drawn us together. [Cheers.]

Leaving these things, so obvious to all, I come at once to consider urgent duties at this anxious moment. To comprehend these we must glance at what Congress has done during its recent session, so long drawn out. This I shall endeavor to do rapidly. "Watchman, what of the night?" And well may the cry be raised, “What of the night?" For things have been done, and measures passed into laws, which, to my mind, fill the day itself with blackness. ["Hear! hear!"]

And yet there are streaks of light—an unwonted dawn in the distant West, out of which a full-orbed sun is beginning to ascend, rejoicing like a strong man to run a race. By Act of Congress California has been admitted into the Union with a Constitution forbidding Slavery. For a measure like this, required not only by simplest justice, but by uniform practice, and by constitutional principles of slaveholders themselves, we may be ashamed to confess gratitude; and yet I cannot but rejoice in this great good. A hateful institution, thus far without check, travelling westward with the power of the Republic, is bidden to stop, while a new and rising State is guarded from its contamination. [Applause.] Freedom, in whose hands is the divining-rod of magical power, pointing the way not only to wealth untold, but to every possession of virtue and intelligence, whose presence is better far than any mine of gold, has been recognized in an extensive region on the distant Pacific, between the very parallels of latitude so long claimed by Slavery as a peculiar home. [Loud plaudits.]

Here is a victory, moral and political: moral, inasmuch as Freedom secures a new foothold where to exert her far-reaching influence; political, inasmuch as by the admission of California, the Free States obtain a majority of votes in the Senate, thus overturning that balance of power between Freedom and Slavery, so preposterously claimed by the Slave States, in forgetfulness of the true spirit of the Constitution, and in mockery of Human Rights. [Cheers.] May free California, and her Senators in Congress, amidst the trials before us, never fail in loyalty to Freedom! God forbid that the daughter should turn with ingratitude or neglect from the mother that bore her! [Enthusiasm.]

Besides this Act, there are two others of this long session to be regarded with satisfaction, and I mention them at once, before considering the reverse of the picture. The slave-trade is abolished in the District of Columbia. This measure, though small in the sight of Justice, is important. It banishes from the National Capital an odious traffic. But this is its least office. Practically it affixes to the whole traffic, wherever it exists, not merely in Washington, within the immediate sphere of the legislative act, but everywhere throughout the Slave States, whether at Richmond, or Charleston, or New Orleans, the brand of Congressional reprobation. The people of the United States, by the voice of Congress, solemnly declare the domestic traffic in slaves offensive in their sight. The Nation judges this traffic. The Nation says to it, "Get thee behind me, Satan!" [Excitement and applause.] It is true that Congress has not, as in the case of the foreign slave-trade, stamped it as piracy, and awarded to its perpetrators the doom of pirates; but it condemns the trade, and gives to general scorn those who partake of it. To this extent the National Government speaks for Freedom. And in doing this, it asserts, under the Constitution, legislative jurisdiction over the subject of Slavery in the District, thus preparing the way for that complete act of Abolition which is necessary to purge the National Capital of its still remaining curse and shame.

The other measure which I hail with thankfulness is the Abolition of Flogging in the Navy. ["Hear! hear!"] Beyond the direct reform thus accomplished — after much effort, finally crowned with encouraging success is the indirect influence of this law, especially in rebuking the lash, wheresoever and by whomsoever employed.

Two props and stays of Slavery are weakened and undermined by Congressional legislation. Without the slave-trade and without the lash, Slavery must fall to earth. By these the whole monstrosity is upheld. If I seem to exaggerate the consequence of these measures of Abolition, you will pardon it to a sincere conviction of their powerful, though subtile and indirect influence, quickened by a desire to find something good in a Congress which has furnished occasion for so much disappointment. Other measures there are which must be regarded not only with regret, but with indignation and disgust. [Sensation.]

Two broad territories, New Mexico and Utah, under the exclusive jurisdiction of Congress, have been organized without any prohibition of Slavery. In laying the foundation of their governments, destined hereafter to control the happiness of innumerable multitudes, Congress has omitted the Great Ordinance of Freedom, first moved by Jefferson, and consecrated by the experience of the Northwestern Territory: thus rejecting those principles of Human Liberty which are enunciated in our Declaration of Independence, which are essential to every Bill of Rights, and without which a Republic is a name and nothing more.

Still further, a vast territory, supposed to be upwards of seventy thousand square miles in extent, larger than all New England, has been taken from New Mexico, and, with ten million dollars besides, given to slaveholding Texas: thus, under the plea of settling the western boundary of Texas, securing to this State a large sum of money, and consigning to certain Slavery an important territory.

And still further, as if to do a deed which should "make heaven weep, all earth amazed," this same Congress, in disregard of all cherished safeguards of Freedom, has passed a most cruel, unchristian, devilish law to secure the return into Slavery of those fortunate bondmen who find shelter by our firesides. This is the Fugitive Slave Bill,—a device which despoils the party claimed as slave, whether in reality slave or freeman, of Trial by Jury, that sacred right, and usurps the question of Human Freedom, the highest question known to the law, committing it to the unaided judgment of a single magistrate, on ex parte evidence it may be, by affidavit, without the sanction of cross-examination. Under this detestable, Heaven-defying Bill, not the slave only, but the colored freeman of the North, may be swept into ruthless captivity; and there is no white citizen, born among us, bred in our schools, partaking in our affairs, voting in our elections, whose liberty is not assailed also. Without any discrimination of color, the Bill surrenders all claimed as "owing service or labor" to the same tyrannical judgment. And mark once more its heathenism. By unrelenting provisions it visits with bitter penalties of fine and imprisonment the faithful men and women who render to the fugitive that countenance, succor, and shelter which Christianity expressly requires. ["Shame! shame!"] Thus, from beginning to end, it sets at nought the best principles of the Constitution, and the very laws of God. [Great sensation.]

I might occupy your time in exposing the unconstitutionality of this Act. Denying the Trial by Jury, it is three times unconstitutional: first, as the Constitution declares "the right of the people to be secure in their persons against unreasonable seizures"; secondly, as it further provides that "no person shall be deprived of life, liberty, or property, without due process of law"; and, thirdly, because it expressly establishes, that "in suits at Common Law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." By this triple cord the framers of the Constitution secured Trial by Jury in every question of Human Freedom. That man is little imbued with the true spirit of American institutions, has little sympathy with Bills of Rights, is lukewarm for Freedom, who can hesitate to construe the Constitution so as to secure this safeguard. [Enthusiastic applause.]

Again, the Act is unconstitutional in the unprecedented and tyrannical powers it confers upon Commissioners. These petty officers are appointed, not by the President with the advice of the Senate, but by the Courts of Law,—hold their places, not during good behavior, but at the will of the Court,—and receive for their services, not a regular salary, but fees in each individual case. And yet in these petty officers, thus appointed, thus compensated, and holding their places by the most uncertain tenure, is vested a portion of that "judicial power," which, according to the positive text of the Constitution, can be in "judges" only, holding office during good behavior," receiving "at stated times for their services a compensation which shall not be diminished during their continuance in office," and, it would seem also, appointed by the President and confirmed by the Senate, being three conditions of judicial power. Adding meanness to violation of the Constitution, the Commissioner is bribed by a double fee to pronounce against Freedom. Decreeing a man to Slavery, he receives ten dollars; saving the man to Freedom, his fee is five dollars. ["Shame! shame!"]

But I will not pursue these details. The soul sickens in the contemplation of this legalized outrage. In the dreary annals of the Past there are many acts of shame,—there are ordinances of monarchs, and laws, which have become a byword and a hissing to the nations. But when we consider the country and the age, I ask fearlessly, what act of shame, what ordinance of monarch, what law, can compare in atrocity with this enactment of an American Congress? ["None!"] I do not forget Appius Claudius, tyrant Decemvir of ancient Rome, condemning Virginia as a slave, nor Louis the Fourteenth, of France, letting slip the dogs of religious persecution by the revocation of the Edict of Nantes, nor Charles the First, of England, arousing the patriot rage of Hampden by the extortion of Ship-money, nor the British Parliament, provoking, in our own country, spirits kindred to Hampden, by the tyranny of the Stamp Act and Tea Tax. I would not exaggerate; I wish to keep within bounds; but I think there can be little doubt that the condemnation now affixed to all these transactions, and to their authors, must be the lot hereafter of the Fugitive Slave Bill, and of every one, according to the measure of his influence, who gave it his support. [Three cheers were here given.] Into the immortal catalogue of national crimes it has now passed, drawing, by inexorable necessity, its authors also, and chiefly him, who, as President of the United States, set his name to the Bill, and breathed into it that final breath without which it would bear no life. [Sensation.] Other Presidents may be forgotten; but the name signed to the Fugitive Slave Bill can never be forgotten. ["Never!"] There are depths of infamy, as there are heights of fame. I regret to say what I must, but truth compels me. Better for him, had he never been born! [Renewed applause.] Better for his memory, and for the good name of his children, had he never been President! [Repeated cheers.]

 I have likened this Bill to the Stamp Act, and I trust that the parallel may be continued yet further, by a burst of popular feeling against all action under it similar to that which glowed in the breasts of our fathers. Listen to the words of John Adams, as written in his Diary at the time.

"The year 1765 has been the most remarkable year of my life. That enormous engine, fabricated by the British Parliament, for battering down all the rights and liberties of America, I mean the Stamp Act, has raised and spread through the whole continent a spirit that will be recorded to our honor with all future generations. In every colony, from Georgia to New Hampshire inclusively, the stamp distributors and inspectors have been compelled by the unconquerable rage of the people to renounce their offices. Such and so universal has been the resentment of the people, that every man who has dared to speak in favor of the stamps, or to soften the detestation in which they are held, how great soever his abilities and virtues had been esteemed before, or whatever his fortune, connections, and influence had been, has been seen to sink into universal contempt and ignominy."¹ [A voice, "Ditto for the Slave-Hunter!"]

Earlier than John Adams, the first Governor of Massachusetts, John Winthrop, set the example of refusing to enforce laws against the liberties of the people. After describing Civil Liberty, and declaring the covenant between God and man in the Moral Law, he uses these good words:

"This Liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard not only of your goods, but of your lives, if need be. Whatsoever crosseth this is not authority, but a distemper thereof."²

Surely the love of Freedom is not so far cooled among us, descendants of those who opposed the Stamp Act, that we are insensible to the Fugitive Slave Bill. In those other days, the unconquerable rage of the people compelled the stamp distributors and inspectors to renounce their offices, and held up to detestation all who dared to speak in favor of the stamps. Shall we be more tolerant of those who volunteer in favor of this Bill? ["No! no!"]—more tolerant of the Slave-Hunter, who, under its safeguard, pursues his prey upon our soil? ["No! no!"] The Stamp Act could not be executed here. Can the Fugitive Slave Bill? ["Never!”]

And here, Sir, let me say, that it becomes me to speak with caution. It happens that I sustain an important relation to this Bill. Early in professional life I was designated by the late Judge Story a Commissioner of his Court, and, though I do not very often exercise the functions of this appointment, my name is still upon the list. As such, I am one of those before whom the panting fugitive may be dragged for the decision of the question, whether he is a freeman or a slave. But while it becomes me to speak with caution, I shall not hesitate to speak with plainness. I cannot forget that I am a man, although I am a Commissioner. [Three cheers here given.]

Could the same spirit which inspired the Fathers enter into our community now, the marshals, and every magistrate who regarded this law as having any constitutional obligation, would resign, rather than presume to execute it. This, perhaps, is too much to expect. But I will not judge such officials. To their own consciences I leave them. Surely no person of humane feelings and with any true sense of justice, living in a land "where bells have knolled to church," whatever may be the apology of public station, can fail to recoil from such service. For myself let me say, that I can imagine no office, no salary, no consideration, which I would not gladly forego, rather than become in any way the agent in enslaving my brother-man. [Sensation.] Where for me were comfort and solace after such a work? [A voice, "Nowhere!"] In dreams and in waking hours, in solitude and in the street, in the meditations of the closet and in the affairs of men, wherever I turned, there my victim would stare me in the face. From distant rice-fields and sugar-plantations of the South, his cries beneath the vindictive lash, his moans at the thought of Liberty, once his, now, alas! ravished away, would pursue me, repeating the tale of his fearful doom, and sounding, forever sounding, in my ears, "Thou art the man!" [Applause.]

The magistrate who pronounces the decree of Slavery, and the marshal who enforces it, act in obedience to law. This is their apology; and it is the apology also of the masters of the Inquisition, as they ply the torture amidst the shrieks of their victim. Can this weaken accountability for wrong? Disguise it, excuse it, as they will, the fact must glare before the world, and penetrate the conscience too, that the fetters by which the unhappy fugitive is bound are riveted by their tribunal,—that his second life of wretchedness dates from their agency, that his second birth as a slave proceeds from them. The magistrate and marshal do for him here, in a country which vaunts a Christian civilization, what the naked, barbarous Pagan chiefs beyond the sea did for his grandfather in Congo: they transfer him to the Slave-Hunter, and for this service receive the very price paid for his grandfather in Congo, ten dollars! ["Shame! shame!"]

Gracious Heaven! can such things be on our Free Soil? ["No!"] Shall the evasion of Pontius Pilate be enacted anew, and a judge vainly attempt, by washing the hands, to excuse himself for condemning one in whom he can "find no fault"? Should any court, sitting here in Massachusetts, for the first time in her history, become agent of the Slave-Hunter, the very images of our fathers would frown from the walls; their voices would cry from the ground; their spirits, hovering in the air, would plead, remonstrate, protest, against the cruel judgment. [Cheers.] There is a legend of the Church, still living on the admired canvas of a Venetian artist, that St. Mark, descending from the skies with headlong fury into the public square, broke the manacles of a slave in presence of the very judge who had decreed his fate. This is known as "The Miracle of the Slave," and grandly has Art illumined the scene.³ Should Massachusetts hereafter, in an evil hour, be desecrated by any such decree, may the good Evangelist once more descend with valiant arm to break the manacles of the Slave! [Enthusiasm.]

Sir, I will not dishonor this home of the Pilgrims, and of the Revolution, by admitting nay, I cannot believe that this Bill will be executed here. [“Never!”] Among us, as elsewhere, individuals may forget humanity, in fancied loyalty to law; but the public conscience will not allow a man who has trodden our streets as a freeman to be dragged away as a slave. [Applause.] By escape from bondage he has shown that true manhood which must grapple to him every honest heart. He may be ignorant and rude, as poor, but he is of true nobility. Fugitive Slaves are the heroes of our age. In sacrificing them to this foul enactment we violate every sentiment of hospitality, every whispering of the heart, every commandment of religion..

There are many who will never shrink, at any cost, and notwithstanding all the atrocious penalties of this Bill, from effort to save a wandering fellow-man from bondage; they will offer him the shelter of their houses, and, if need be, will protect his liberty by force. But let me be understood; I counsel no violence. There is another power, stronger than any individual arm, which I invoke: I mean that irresistible Public Opinion, inspired by love of God and man, which, without violence or noise, gently as the operations of Nature, makes and unmakes laws. Let this Public Opinion be felt in its might, and the Fugitive Slave Bill will become everywhere among us a dead letter. No lawyer will aid it by counsel, no citizen will be its agent; it will die of inanition, like a spider beneath an exhausted receiver. [Laughter.] Oh! it were well the tidings should spread throughout the land that here in Massachusetts this accursed Bill has found no servant. [Cheers.] "Sire, in Bayonne are honest citizens and brave soldiers only, but not one executioner," was the reply of the governor to the royal mandate from Charles the Ninth, of France, ordering the massacre of St. Bartholomew.⁴ [Sensation.]

It rests with you, my fellow-citizens, by word and example, by calm determinations and devoted lives, to do this work. From a humane, just, and religious people will spring a Public Opinion to keep perpetual guard over the liberties of all within our borders. Nay, more, like the flaming sword of the cherubim at the gates of Paradise, turning on every side, it shall prevent any SLAVE-HUNTER from ever setting foot in this Commonwealth. Elsewhere he may pursue his human prey, employ his congenial bloodhounds, and exult in his successful game; but into Massachusetts he must not come. Again, let me be understood, I counsel no violence. I would not touch his person. Not with whips and thongs would I scourge him from the land. The contempt, the indignation, the abhorrence of the community shall be our weapons of offence. Wherever he moves, he shall find no house to receive him, no table spread to nourish him, no welcome to cheer him. The dismal lot of the Roman exile shall be his. He shall be a wanderer, without roof, fire, or water. Men shall point at him in the streets, and on the highways.

“Sleep shall neither night nor day

Hang upon his penthouse-lid;

He shall live a man forbid;

Weary sevennights nine times nine

Shall he dwindle, peak, and pine.”     [Applause.]

Villages, towns, and cities shall refuse to receive the monster; they shall vomit him forth, never again to disturb the repose of our community. [Repeated rounds of applause.]

The feelings with which we regard the Slave-Hunter will be extended soon to all the mercenary agents and heartless minions, who, without any positive obligation of law, become part of his pack. They are volunteers, and, as such, must share the ignominy of the chief Hunter. [Cheers.]

I have dwelt thus long upon the Fugitive Slave Bill especially in the hope of contributing something to that Public Opinion which is destined in the Free States to be the truest defence of the slave. I now advance to other more general duties.

We have seen what Congress has done. And yet, in the face of these enormities of legislation—of Territories organized without the prohibition of Slavery, of a large province surrendered to Texas and to Slavery, and of this execrable Fugitive Slave Bill,—in the face also of Slavery still sanctioned in the District of Columbia, of the Slave-Trade between domestic ports under the flag of the Union, and of the Slave Power still dominant over the National Government, we are told that the Slavery Question is settled. Yes, settled, settled, — that is the word. Nothing, Sir, can be settled which is not right. [Sensation.] Nothing can be settled which is against Freedom. Nothing can be settled which is contrary to the Divine Law. God, Nature, and all the holy sentiments of the heart repudiate any such false seeming settlement.

Amidst the shifts and changes of party, our DUTIES remain, pointing the way to action. By no subtle compromise or adjustment can men suspend the commandments of God. By no trick of managers, no hocus-pocus of politicians, no "mush of concession," can we be released from this obedience. It is, then, in the light of duties that we are to find peace for our country and ourselves. Nor can any settlement promise peace which is not in harmony with those everlasting principles from which our duties spring.

Here I shall be brief. Slavery is wrong. It is the source of unnumbered woes, not the least of which is its influence on the Slaveholder himself, rendering him insensible to its outrage. It overflows with injustice and inhumanity. Language toils in vain to picture the wretchedness and wickedness which it sanctions and perpetuates. Reason revolts at the impious assumption that man can hold property in man. As it is our perpetual duty to oppose wrong, so must we oppose Slavery; nor can we ever relax in this opposition, so long as the giant evil continues anywhere within the sphere of our influence. Especially must we oppose it, wherever we are responsible for its existence, or in any way parties to it.

And now mark the distinction. The testimony which we bear against Slavery, as against all other wrong, is, in different ways, according to our position. The Slavery which exists under other governments, as in Russia or Turkey, or in other States of our Union, as in Virginia and Carolina, we can oppose only through the influence of morals and religion, without in any way invoking the Political Power. Nor do we propose to act otherwise. But Slavery, where we are parties to it, wherever we are responsible for it, everywhere within our jurisdiction, must be opposed not only by all the influences of literature, morals, and religion, but directly by every instrument of Political Power. [Rounds of applause.] As it is sustained by law, it can be overthrown only by law; and the legislature having jurisdiction over it must be moved to consummate the work. I am sorry to confess that this can be done only through the machinery of politics. The politician, then, must be summoned. The moralist and philanthropist must become for this purpose politicians, not forgetting morals or philanthropy, but seeking to apply them practically in the laws of the land.

It is a mistake to say, as is often charged, that we seek to interfere, through Congress, with Slavery in the States, or in any way to direct the legislation of Congress upon subjects not within its jurisdiction. Our political aims, as well as our political duties, are coextensive with our political responsibilities. And since we at the North are responsible for Slavery, wherever it exists under the jurisdiction of Congress, it is unpardonable in us not to exert every power we possess to enlist Congress against it.

Looking at details:

We demand, first and foremost, the instant Repeal of the Fugitive Slave Bill. [Cheers.]

We demand the Abolition of Slavery in the District of Columbia. [Cheers.]

We demand of Congress the exercise of its time-honored power to prohibit Slavery in the Territories. [Cheers.]

We demand of Congress that it shall refuse to receive any new Slave State into the Union. [Cheers, repeated.]

We demand the Abolition of the Domestic Slave Trade, so far as it can be constitutionally reached, but particularly on the high seas under the National Flag.

And, generally, we demand from the National Government the exercise of all constitutional power to relieve itself from responsibility for Slavery.

And yet one thing further must be done. The Slave Power must be overturned, so that the National Government may be put openly, actively, and perpetually on the side of Freedom. [Prolonged applause.]

In demanding the overthrow of the Slave Power, we but seek to exclude from the operations of the National Government a political influence, having its origin in Slavery, which has been more potent, sinister, and mischievous than any other in our history. This Power, though unknown to the Constitution, and existing in defiance of its true spirit, now predominates over Congress, gives the tone to its proceedings, seeks to control all our public affairs, and humbles both the great political parties to its will. It is that combination of Slave-masters, whose bond of union is a common interest in Slavery. Time would fail me in exposing the extent to which its influence has been felt, the undue share of offices it has enjoyed, and the succession of its evil deeds. Suffice it to say, that, for a long period, the real principle of this union was not observed by the Free States. In the game of office and legislation the South has always won. It has played with loaded dice,—loaded with Slavery. [Laughter.] The trick of the Automaton Chess-Player, so long an incomprehensible marvel, has been repeated, with similar success. Let the Free States make a move on the board, and the South says, "Check !” [“Hear! hear!"] Let them strive for Free Trade, as they did once, and the cry is, "Check!" Let them jump towards Protection, and it is again, "Check!" Let them move towards Internal Improvements, and the cry is still, "Check!" Whether forward or backward, to the right or left, wherever they turn, the Free States are pursued by an inexorable "Check!" But the secret is now discovered. Amid the well-arranged machinery which seemed to move the victorious chess-player is a living force, only recently discovered,—being none other than the Slave Power. It is the Slave Power which has been perpetual victor, saying always, "Check!" to the Free States. As this influence is now disclosed, it only remains that it should be openly encountered in the field of politics. [A voice, “That is the true way.”]

Such is our cause. It is not sectional; for it simply aims to establish under the National Government those great principles of Justice and Humanity which are broad and universal as Man. It is not aggressive; for it does not seek in any way to interfere through Congress with Slavery in the States. It is not contrary to the Constitution; for it recognizes this paramount law, and in the administration of the Government invokes the spirit of its founders. It is not hostile to the quiet of the country; for it proposes the only course by which agitation can be allayed, and quiet be permanently established. And yet there is an attempt to suppress this cause, and to stifle its discussion.

Vain and wretched attempt! [A band of music in the street here interrupted the speaker.]

I am willing to stop for one moment, if the audience will allow me, that they may enjoy that music. [Several voices, "Go on! go on!" Another voice, "We have better music here." After a pause the speaker proceeded.]

Fellow-citizens, I was saying that it is proposed to suppress this cause, and to stifle this discussion. But this cannot be done. That subject which more than all other subjects needs careful, conscientious, and kind consideration in the national councils, which will not admit of postponement or hesitation, which is allied with the great interests of the country, which controls the tariff and causes war, which concerns alike all parts of the land, North and South, East and West, which affects the good name of the Republic in the family of civilized nations, the subject of subjects, has now at last, after many struggles, been admitted within the pale of legislative discussion. From this time forward it must be entertained by Congress. It will be one of the orders of the day. It cannot be passed over or forgotten. It cannot be blinked out of sight. The combinations of party cannot remove it. The intrigues of politicians cannot jostle it aside. There it is, in towering colossal proportions, filling the very halls of the Capitol, while it overshadows and darkens all other subjects. There it will continue, till driven into oblivion by the irresistible Genius of Freedom. [Cheers.]

I am not blind to adverse signs. The wave of reaction, after sweeping over Europe, has reached our shores. The barriers of Human Rights are broken down. Statesmen, writers, scholars, speakers, once their uncompromising professors, have become professors of compromise. All this must be changed. Reaction must be stayed. The country must be aroused. The cause must again be pressed, with the fixed purpose never to moderate our efforts until crowned by success. [Applause.] The National Government, everywhere within its proper constitutional sphere, must be placed on the side of Freedom. The policy of Slavery, which has so long prevailed, must give place to the policy of Freedom. The Slave Power, fruitful parent of national ills, must be driven from its supremacy. Until all this is done, the friends of the Constitution and of Human Rights cannot cease from labor, nor can the Republic hope for any repose but the repose of submission.

Men of all parties and pursuits, who wish well to their country, and would preserve its good name, must join now. Welcome here the Conservative and the Reformer for our cause stands on the truest Conservatism and the truest Reform. In seeking the reform of existing evils, we seek also the conservation of the principles handed down by our fathers. Welcome especially the young! To you I appeal with confidence. Trust to your generous impulses, and to that reasoning of the heart, which is often truer, as it is less selfish, than the calculations of the head. [Enthusiasm.] Do not exchange your aspirations for the skepticism of age. Yours is the better part. In the Scriptures it is said that "your young men shall see visions and your old men. shall dream dreams"; on which Lord Bacon has recorded the ancient inference, "that young men are admitted nearer to God than old, because vision is a clearer revelation than a dream."⁵

It is not uncommon to hear people declare themselves against Slavery, and willing to unite in practical efforts. Practical is the favorite word. At the same time, in the loftiness of pharisaic pride, they have nothing but condemnation, reproach, or contempt for the earnest souls that have striven long years in this struggle. To such I would say, If you are sincere in what you declare, if your words are not merely lip-service, if in your heart you are entirely willing to join in practical effort against Slavery, then, by life, conversation, influence, vote, disregarding "the ancient forms of party strife," seek to carry the principles of Freedom into the National Government, wherever its jurisdiction is acknowledged and its power can be felt. Thus, with out any interference with the States which are beyond this jurisdiction, may you help to efface the blot of Slavery from the National brow.

Do this, and you will most truly promote that harmony which you so much desire. And under this blessed influence tranquillity will be established throughout the country. Then, at last, the Slavery Question will be settled. Banished from its usurped foothold under the National Government, Slavery will no longer enter, with distracting force, into national politics, making and unmaking laws, making and unmaking Presidents. Confined to the States, where it is left by the Constitution, it will take its place as a local institution, if, alas! continue it must, for which we are in no sense responsible, and against which we cannot exert any political power. We shall be relieved from the present painful and irritating connection with it, the existing antagonism between the South and the North will be softened, crimination and recrimination will cease, and the wishes of the Fathers will be fulfilled, while this Great Evil is left to all kindly influences and the prevailing laws of social economy.

To every laborer in a cause like this there are satisfactions unknown to the common political partisan. Amidst all apparent reverses, notwithstanding the hatred of enemies or the coldness of friends, he has the consciousness of duty done. Whatever may be existing impediments, his also is the cheering conviction that every word spoken, every act performed, every vote cast for this cause, helps to swell those quickening influences by which Truth, Justice, and Humanity will be established upon earth. [Cheers.] He may not live to witness the blessed consummation, but it is none the less certain.

Others may dwell on the Past as secure. Under the laws of a beneficent God the Future also is secure, on the single condition that we labor for its great objects. [Enthusiastic applause.]

The language of jubilee, which, amidst reverse and discouragement, burst from the soul of Milton, as he thought of sacrifice for the Church, will be echoed by every one who toils and suffers for Freedom. "Now by this little diligence," says the great patriot of the English Commonwealth, "mark what a privilege I have gained with good men and saints, to claim my right of lamenting the tribulations of the Church, if she should suffer, when others, that have ventured nothing for her sake, have not the honor to be admitted mourners. But if she lift up her drooping head and prosper, among those that have something more than wished her welfare, I have my charter and freehold of rejoicing to me and my heirs.⁶ We, too, may have our charter and freehold of rejoicing to ourselves and our heirs, if we now do our duty.

I have spoken of votes. Living in a community where political power is lodged with the people, and each citizen is an elector, the vote is an important expression of opinion. The vote is the cutting edge. It is well to have correct opinions, but the vote must follow. The vote is the seed planted; without it there can be no sure fruit. The winds of heaven, in their beneficence, may scatter the seed in the furrow; but it is not from such accidents that our fields wave with the golden harvest. He is a foolish husbandman who neglects to sow his seed; and he is an unwise citizen, who, desiring the spread of good principles, neglects to deposit his vote for the candidate who is the representative of those principles.

Admonished by experience of timidity, irresolution, and weakness in our public men, particularly at Washington, amidst the temptations of ambition and power, the friends of Freedom cannot lightly bestow their confidence. They can put trust only in men of tried character and inflexible will. Three things at least they must require the first is backbone; the second is backbone; and the third is backbone. [Loud cheers.] My language is homely; I hardly pardon myself for using it; but it expresses an idea which must not be forgotten. When I see a person of upright character and pure soul yielding to a temporizing policy, I cannot but say, He wants backbone. When I see a person talking loudly against Slavery in private, but hesitating in public, and failing in the time of trial, I say, He wants backbone. When I see a person who coöperated with Antislavery men, and then deserted them, I say, He wants backbone. ["Hear! hear!"] When I see a person leaning upon the action of a political party, and never venturing to think for himself, I say, He wants backbone. When I see a person careful always to be on the side of the majority, and unwilling to appear in a minority, or, if need be, to stand alone, I say, He wants backbone. [Applause.] Wanting this, they all want that courage, constancy, firmness, which are essential to the support of PRINCIPLE. Let no such man be trusted. [Renewed applause.]

For myself, fellow-citizens, my own course is determined. The first political convention which I ever attended was in the spring of 1845, against the annexation of Texas. I was at that time a silent and passive Whig. I had never held political office, nor been a candidate for any. No question ever before drew me to any active political exertion. The strife of politics seemed. to me ignoble. A desire to do what I could against Slavery led me subsequently to attend two different State Conventions of Whigs, where I coöperated with eminent citizens in endeavor to arouse the party in Massachusetts to its Antislavery duties. A conviction that the Whig party was disloyal to Freedom, and an ardent aspiration to help the advancement of this great cause, has led me to leave that party, and dedicate what of strength and ability I have to the present movement. [Great applause.]

To vindicate Freedom, and oppose Slavery, so far as I may constitutionally,—with earnestness, and yet, I trust, without personal unkindness on my part, is the object near my heart. Would that I could impress upon all who now hear me something of the strength of my own convictions! Would that my voice, leaving this crowded hall to-night, could traverse the hills and valleys of New England, that it could run along the rivers and the lakes of my country, lighting in every heart a beacon-flame to arouse the slumberers throughout the land! [Sensation.] In this cause I care not for the name by which I am called. Let it be Democrat, or "Loco-foco," if you please. No man in earnest will hesitate on account of a name. Rejoicing in associates from any quarter, I shall be found ever with that party which most truly represents the principles of Freedom. [Applause.] Others may become indifferent to these principles, bartering them for political success, vain and short-lived, or forgetting the visions of youth in the

dreams of age. Whenever I forget them, whenever I become indifferent to them, whenever I cease to be constant in maintaining them, through good report and evil report, in any future combinations of party, then may my tongue cleave to the roof of my mouth, may my right hand forget its cunning! [Cheers.]

And now as I close, fellow-citizens, I return in thought to the political election with which I began. If from this place I could make myself heard by the friends of Freedom throughout the Commonwealth, I would give them for a rallying-cry three words, — FREEDOM, UNION, VICTORY!

The peroration was received with the most earnest applause, followed by cries of "Three cheers for Charles Sumner!" "Three cheers for Phillips and Walker!" "Three cheers for Horace Mann and the cause!"

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¹ Diary, December 18, 1765: Works, Vol. II. p 154.

² History of New England (ed. Savage), 1645, Vol. II. p. 229.

³ An eloquent French critic says, among other things, of this greatest picture of Tintoretto, that "no painting surpasses, or perhaps equals" it, and that, before seeing it, "one can have no idea of the human imagination." (Taine, Italy, Florence, and Venice, tr. Durand, pp. 314, 316.) Some time after this Speech an early copy or sketch of this work fell into Mr. Sumner's hands, and it is now a cherished souvenir of those anxious days when the pretensions of Slavery were at their height.

⁴ Le Vicomte d'Orthez à Charles IX.: D'Aubigné, Histoire Universelle, Part. II. Liv. I. ch. 5, cited by Sismondi, Histoire des Français, Tom. XIX. p. 177, note. I gladly copy this noble letter. "Sire, j'ai communiqué le commandement de Votre Majesté ses fidèles habitans et gens de guerre de la garnison; je n'y ai trouvé que bons citoyens et braves soldats, mais pas un bourreau. C'est pourquoi eux et moi supplions très humblement Votre dite Majesté vouloir employer en choses possibles, quelque hasardeuses qu'elles soient, nos bras et nos vies, comme étant, autant qu'elles dureront, Sire, vôtres."

⁵ Essays, XLII. Of Youth and Age.

⁶ The Reason of Church Government, Book II., Introduction: Prose Works, ed. Symmons, Vol. I. p. 117.

SOURCES: Edward L. Pierce, Memoir and Letters of Charles Sumner, Vol. 3, p. 228-9; Charles Sumner, The Works of Charles Sumner, Volume 2, p. 398-424