Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts

Saturday, May 26, 2018

Governor Salmon P. Chase to Senator Charles Sumner, June 20, 1859

I send some papers by this mail.
Columbus, June 20, 1859.

I mark last Saturday with a white stone, for it brought me, dear Sumner, the most welcome intelligence of your almost assured recovery. God grant that the happy auguries of the present may be fulfilled and that completely. What a terrible experience has been yours! How fiery the ordeal you have been summoned to pass! Let us be thankful that memory cannot renew the suffering, and that the retrospect, while it makes one shudder, also brings a sort of sense of present triumph. How strange it seems that the assassin was so soon & so fearfully summoned to his account; and that he in whose behalf, or rather in whose pretended behalf, the outrage was perpetrated, was compelled so speedily to follow, while God in his wisdom, after allowing you to suffer so fearfully, seems about to restore you to the theatre of your usefulness & fame. Do not think however that I imagine your sense of triumph has in it any touch of exultation over the melancholy fates of your assailant and his uncle. I am sure it has not. I am sure that had it been in your power to reverse the decrees of Heaven's Chancery against them your magnanimity would have prompted the reversal. Your triumph is higher & purer: it is over suffering, over wrong, over misrepresentation— and it is for the cause as well as for yourself.

We have, here in Ohio, engaged in a new battle. Our state election takes place next October, and the tickets of both parties are nominated and the platforms of both have been promulgated. Our Republican Platform takes distinct ground for the repeal of the Fugitive Slave Act & against the extention of the five years term of naturalization. The occasion of the first was supplied by the recent trials at Cleveland — prosecutions against some of our best citizens for the alleged rescue of a Fugitive Slave, and the refusal of our own Supreme Court to set them free on Habeas Corpus, on the ground that the act is unwarranted by the Constitution — the occasion of the second was furnished by the two years amendment in Massachusetts which raised such a clamor among the naturalized citizens, and gave rise to such a torrent of accusations against the Republican Party that our Convention found itself obliged to speak out plainly & decidedly. I am glad of it, though great offence is given for the present to some whom I would gladly conciliate at any expense short of the sacrifice of our principles.

Of course I am not a candidate for reelection as Governor. It is generally supposed that if we carry the State Legislature — a result not quite certain — that I shall be reelected to the Senate; and there is a very general disposition in Ohio and several other States to press my nomination for the Presidency as a Western man & on the whole the most available candidate. Our friend Seward will also be urged strongly from New York, and I presume that my friends, if they find that my nomination cannot be carried, will generally go for him as a second choice. His friends will probably make me, also, their second choice if he cannot be nominated. Of course I cannot claim to be indifferent when a position which will afford so grand an opportunity for renovation of admn [administration?] at home & of policy abroad, is thus brought within the possibility of attainment, but I am certain that I would not imperil the triumph of our cause for the sake of securing the opportunity to myself rather than to another.

I presume you will see our friend Bailey. The prayers of thousands follow him abroad. I earnestly pray that he may find the great blessings of health & strength which he seeks. We are now — he & I — both turned of fifty & no longer young. My general health yet remains apparently unbroken but I feel & observe symptoms which admonish me that my hold on life is not so strong as it was. Kate thinks she must send a few lines.

Good bye—May God bless you.
Affectionately,
[SALMON P. CHASE.]

SOURCE: Diary and correspondence of Salmon P. ChaseAnnual Report of the American Historical Association for the Year 1902, Vol. 2, p. 280-1

Saturday, April 14, 2018

Diary of Gideon Welles: Friday, January 22, 1864

Very little done at the Cabinet. Stanton, Usher, and myself were the only ones present. Some general talk and propositions. Last night the President gave a dinner to the members of the Cabinet, judges of the Supreme Court, and a few others, with their wives. It was pleasant. A little stiff and awkward on the part of some of the guests, but passed off very well.

The challenge of Fox has created some noise. When read in the Chamber of Commerce, Moses H. Grinnell appeared much disturbed, — said the Navy had no fast boats, the challenge was improper, undignified, etc. Moses unwittingly showed his true colors, — was drawn out. He has professed to be friendly, but I have not been deceived by him, for I have been satisfied that he was secretly inimical, though not with manly courage to avow it. Moses has been a successful merchant, and generous with his money in a certain way. He has some good and some weak qualities in his profession, but his great failing has been in political aspirations. With commercial party principles, no sound or correct knowledge of government, or of individual rights, he has hungered for office and believed that money ought to secure it. He has seen with envy the success of Morgan and some others, whom he believes no more capable or deserving than himself, and had hoped the change of administration would bring him into distinction. It had been his hope that Seward would have the nomination at Chicago, and he showed grief and great vexation as well as others over the result. When President Lincoln came to Washington, he was invited to, and did, breakfast with Moses at his house in New York. But these attentions failed to bring the coveted honors. He had been a large shipping merchant and why should he not be Collector or even take charge of the Navy. His friend Seward was in the Cabinet but from western New York. Moses lived in the city of New York, and was from New England. All did not answer. After the blockade was declared he came twice to Washington and wanted, evidently, to be consulted. On one, and perhaps both occasions, he brought with him C. H. Marshall, an old ship-master, opinionated, conceited, and infinitely worse than Grinnell. I treated them courteously, listened to their opinions, invited them to be communicative, but did not adopt their views. Marshall, however, declared himself well satisfied with what he understood to be the management of the Department, and Grinnell did not dissent. This was, I think, in May, 1861. Some two months, perhaps, later, Moses was again in Washington; wanted the Department to procure more vessels; urged the purchase of a fleet of merchant ships on which there might be placed a small armament to establish an efficient blockade. I gave but little attention to his advice or offers of service. Two good steamers in my opinion would be more effective than the sixty sailing vessels which he proposed to purchase. By the kindness of Mr. Seward he had an interview with the President and laid before him his plans. Charleston he would blockade with ten or a dozen ships lying off outside. I happened to enter the President's room about the time Grinnell was leaving, and he spoke quite oracularly about the “swash channel”'; repeated that expression several times. He knew the harbor and the “swash channel.” Could blockade it with ten or a dozen good ships. The President subsequently informed me of the plan of Mr. Grinnell, in the presence of the Secretary of State, and each of them kindly commended him. I told them I knew Mr. Grinnell well, but that my views did not correspond with his, and my arrangements were not such as would admit of employing him.

On several occasions since I have had the benefit of Mr. G.'s advice and promptings, but am not aware that I was ever benefited by either. His friend Marshall was sometimes artfully pushed forward and chafed into an abuse of me personally. It has been some time, however, since I have been assailed by him personally, and he does not appear to have united with Moses on this occasion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 512-4

Tuesday, February 13, 2018

Justice Robert Cooper Grier to Edwin M. Stanton, October 13, 1864

[Confidential.]
Philadelphia, October 13,1864.
Hon. E. M. Stanton.

Dear Sir, — I have just received your telegram announcing the decease of Chief Justice Taney. Although often differing in opinion with him, I had the highest respect and esteem for him, and sincerely lament his loss.

I see speculations are already rife as to his successor. It is a question in which I feel a deep interest. I know of no man more competent to fill the place, or who deserves it so much as yourself. You have been wearing out your life in the service of your country, and have fulfilled the duties of your very responsible and laborious office with unexampled ability, and I think the President owes it to you, and that you should be suffered to retire in this honorable position. I see the papers are already beginning to put forward the name of Mr. Chase. But I presume the President will not be persuaded thereby that he is the choice either of the bar or the people, or attend to the dictation of journalocracy.

It would give me the greatest pleasure and satisfaction to have you preside on our bench. I am sure you would be the right man in the right place.

I am with much respect and esteem,
Truly yours,
R. C. GRIER.

SOURCE: George Congdon Gorham, Life and Public Services of Edwin M. Stanton, Volume 2, p. 469-70

Sunday, February 11, 2018

Edwin M. Stanton to Salmon P Chase, November 19, 1864


[November 19, 1864.]

My Dear Friend —Your welcome note found me in bed, where I had been for some days. It came with healing on its wings, for I was in that condition that nothing could serve me better than the voice of a friend; and no friend more effectually than you. I am better now and again at work, but with feeble and broken health, that can only be restored by absolute rest from all labor and care. This I long for, and hope soon to have. — Our cause is now, I hope, beyond all danger, and when Grant goes into Richmond my task is ended. To you and others it will remain to secure the fruits of victory, and see that they do not turn to ashes. — In respect to affairs here, nothing of any consequence is on foot.

Your experience has taught you that newspaper reports are lies, invented by knaves for fools to feed on. This is especially true in respect of cabinet changes and the chief-justiceship. Changes in the cabinet will of course take place, but they will be made in time and manner that no one will be looking for.

In regard to the chief-justiceship, I learn from outside sources that Swayne is the most active and Blair the most confident of the candidates. My belief is that you will be offered the appointment, if it has not already been done. . . .

Yours truly,
EDWIN M. STANTON.

SOURCES: Jacob William Schuckers, The Life and Public Services of Salmon Portland Chase, p. 512-3; Frank Abial Flower, Edwin McMasters Stanton: the autocrat of rebellion, emancipation, and Reconstruction, p. 211-2

Friday, January 26, 2018

Memorandum of Major-General William T. Sherman and General Joseph E Johnston, April 18, 1865

Memorandum or basis of agreement made this 18th day of April, A. D. 1865, near Durham's Station, in the State of North Carolina, by and between General Joseph E. Johnston, commanding the Confederate army, and Maj. Gen. William T. Sherman, commanding the army of the United States in North Carolina, both present.

First. The contending armies now in the field to maintain the status quo until notice is given by the commanding general of any one to its opponent, and reasonable time, say forty-eight hours, allowed.

Second. The Confederate armies now in existence to be disbanded and conducted to their several State capitals, there to deposit their arms and public property in the State arsenal, and each officer and man to execute and file an agreement to cease from acts of war and to abide the action of both State and Federal authority. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washington City, subject to the future action of the Congress of the United States, and in the meantime to be used solely to maintain peace and order within the borders of the States, respectively.

Third. The recognition by the Executive of the United States of the several State governments on their officers and legislatures taking the oaths prescribed by the Constitution of the United States, and where conflicting State governments have resulted from the war the legitimacy of all shall be submitted to the Supreme Court of the United States.

Fourth. The re-establishment of all the Federal courts in the several States, with powers as defined by the Constitution and laws of Congress.

Fifth. The people and inhabitants of all the States to be guaranteed, so far as the Executive can, their political rights and franchises, as well as their rights of person and property, as defined by the Constitution of the United States and of the States, respectively.

Sixth. The Executive authority of the Government of the United States not to disturb any of the people by reason of the late war so long as they live in peace and quiet, abstain from acts of armed hostility, and obey the laws in existence at the place of their residence.

Seventh. In general terms, the war to cease, a general amnesty, so far as the Executive of the United States can command, on condition of the disbandment of the Confederate armies, the distribution of the arms, and the resumption of peaceful pursuits by the officers and men hitherto composing said armies.

Not being fully empowered by our respective principals to fulfill these terms, we individually and officially pledge ourselves to promptly obtain the necessary authority and to carry out the above programme.

 W. T. SHERMAN,
 Major-General, Comdg. Army United States in North Carolina.

J. E. JOHNSTON,
General, Commanding C. S. Army in North Carolina.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I Volume 46, Part 3 (Serial No. 97), p. 243-4

Saturday, September 30, 2017

Diary of Edward Bates: November 27, 1861

And now (Nov 27) Count Gurouski65 tells me  that Prentice66 has come out, in bitter denunciation of Cameron — in  shape of a Washington correspondent of the Louisville Journal. The Count assumes, very reasonably, that Prentis is the author.

[Marginal Note.] Since then, I learn that Prentice disclaims the authorship of the letter, and says that Cameron was misunderstood.

Note, in this connexion — The other day, Mr. Blair joked Cameron  with a newspaper quotation (real or suppositious [sic] ) to the effect that he (C.[ameron]) had fairly elbowed Fremont67 out of his place, and himself quietly taken his seat in [the] stern-sheets of the Abolition boat!

Nov 27. No news yet from Pensecola [sic], beyond the first rumor that our forces were bombarding the rebel forts.68

From Mo. — a telegram from Gov Gamble69 confirms the report [that] Genl. Price70 has turned and is moving north towards the centre of the State. This movement is, I think not prompted by Price himself, as a separate enterprise agst. Mo., but is part of the genl. plan of the enemy. As long ago as last March, I told the Cabinet that the real struggle must be in the valley of the Mississippi.71 And now, that it is apparent that the rebel army of the Potomac can do nothing but hold the Capitol [sic] in siege, and that the enemy cannot defend the seaboard, it is the obvious policy of the enemy to [strengthen] the defence of the Mississippi, and to that end, they must fortify the river, and for that purpose they must have time to remove men and artillery, and therefore it is wise in him to keep us fully occupied in Mo. and Kentucky.

That is clearly the policy of the enemy. And as clearly it is our policy to assume the aggressive, and, at almost any hazard, to cut his communications, and prevent as far as possible, the removal of heavy guns from the East to the west — from Va. and the coast to the Missi[ssippi].

Today I spent chiefly in business preliminary to the coming session of the S.[upreme] C.[ourt] called at the clerk's office, ex[amine]d. the docket, the C[our]t. room, my own closet, and recd, many kind suggestions from Mr. Carroll,72 the clerk, about the details of business. Called on C.[hief] J.[ustice] Taney,73 and had a conversation much more pleasant than I expected. Called also on Judge Wayne74 and had an agreeable talk. I infer from the remarks of both the judges that, probably, but little business will be done, and that not in as strict order as is usual.

At night, Count Gurouski called to see me, and talked, as usual, very freely — quite as bitter and censorious as ever. Just now, he seems to have a special spite against the diplomatic corps — all of them except Baron Gerolt of Prussia, and Mr. Tassara of Spain — He says all of them except Gerolt, were in a furious flutter about the capture of Slidell and Mason75 — declaring that it was an outrage and that England would be roused to the war-point, &c. that Gerolt quietly said — pish! the thing is right in itself, and if it were not, England wd. no[t] go to war for it —

The Count gave me a short biographical [sketch] of most of the ministers — e g

1. L[or]d. Lyons,76 son of the Admiral who won the peerage. Of a respectable but humble family — L[or]d. L.[yons] he says, has an uncle who is a farmer near Chicago.

2. Mr. Mercier77 (of France) only plainly respectable. Born in Baltimore, where his father was French consul[.]

3. Mr. Tassara78 of Spain — really a great man — a wonderful genius — of respectable but not noble origin — at first a news-paper writer — then a distinguished member of the Cortes, and secretary thereof (the 2d. office in its gift)[.]

4. Mr. Stoekel79 (of Russia) nobody in Russian society, though personally worthy. As a minister, admitted of course to court, but not recd, at all in the aristocratic society of Petersburg. His wife is American — A Yankee — a very clever lady[.]

5. Count Piper,80 of Sweden, the only genuine aristocrat, of ancient and high descent. He is the lineal descendant of the famous Count Piper, Minister of State of king Charles XII81 — a man of no great talents, but of high and honorable principles[.]

6. Baron Gerolt82 of Prussia. A very amiable and learned gentleman. Of noble connexion, but not himself noble, until the last few years, when he was made a baron, by the influence of Humboldt,83 who was his friend and patron.

Gerolt was well-learned in mineralogy and mining, and (upon Humboldt's recommendation) served some years in Mexico, as director of silver mines for an English company. He is skilled in various sciences, and is the only foreign diplomat who maintains close relations with American savan[t]s.

7. Chivalier [sic] Bertenatti,84 of Italy. Of no high connexions. Educated for the priesthood, but not ordained. For sometime a journalist. A man of fair talents, but not at all distinguished by the gifts of nature or fortune, except that he is minister of the rising state of Italy.

[Marginal] Note. In this same conversation the Count said that it was well enough to give Capt Wilkes85 the credit of originality and boldness in seising Mason and Slidell, but, in fact, the Secy, of State sent orders to the consul at Havanna [sic] , to notify Wilkes and tell him what to do.86
­_______________

65 Adam, Count Gurowski, Polish revolutionist and author who had lived in the United States since 1849; translator in the State Department.

66 Supra, Nov. 20, 1861, note 60.

67 Frémont had tried to free slaves and confiscate Confederate property by a military order revoked by Lincoln. Supra, Oct. 22, 1S61, note 24.

68 On November 22 Fort Pickens and the men-of-war Niagara and Richmond began a two days’ bombardment of Fort McRee and other Confederate fortifications. On January 1, 1862, there was another artillery exchange. But it was not until May 9, 1862, that the Confederates burned and evacuated the forts and the Navy Yard at Pensacola.

69 Supra, July 23, 1859, note 39.

70 Sterling Price: Democratic congressman, 1845—1846 ; brigadier-general of volunteers in the Mexican War; governor of Missouri, 1853-1857 ; major-general of Missouri Confederate militia under Confederate Governor Jackson (supra, Jan. 9, 1860, note 15). He had been driven out of St. Louis by General Lyon, but later defeated and killed Lyon in one engagement, and captured 3,000 Missourians in another, before he was forced to flee. And his raids, or threats of them, continued to harass Missouri.

71 Supra, March 16, April 15, Aug. 27, 1861; also May 27, 1859.

72 William T. Carroll, a grand-nephew of Charles Carroll of Carrollton, was clerk of the Supreme Court from 1827 to 1862.

73 Roger B. Taney: eminent Maryland lawyer; attorney-general of Maryland, 1827-1831; attorney-general of the U. S., 1831-1833 ; secretary of the Treasury, 1833-1834 ; chief justice of the U. S. Supreme Court, 1835-1864. He wrote the decision in the famous Dred Scott case of 1857 and tried in vain to restrain the arbitrary governmental infringements of personal liberty during the Civil War.

74 James M. Wayne: judge of the Superior Court of Georgia, 1824-1829; Democratic congressman, 1829-1835; now justice of the U. S. Supreme Court, 1835-1867.

75 Supra, Nov. 16, 1861.

76 Envoy Extraordinary and Minister Plenipotentiary from Great Britain, 1858-1865. Supra, Sept. 26, 1860, note 24.

77 Henri Mercier, Envoy Extraordinary and Minister Plenipotentiary, 1860-1863.

78 Gabriel Garcia y Tassara, Envoy Extraordinary and Minister Plenipotentiary, 1857-1867.

79 Edward de Stoeckl, Envoy Extraordinary and Minister Plenipotentiary, 1854-1868. He it was who negotiated the sale of Alaska.

80 Edward, Count Piper, Minister Resident of Sweden, 1861-1864, and Charge d’Affaires of Denmark, 1863.

81 Sweden's soldier-king who ruled from 1697 to 1718.

82 Envoy Extraordinary and Minister Plenipotentiary, 1843[?]-1871.

83 Alexander, Baron von Humboldt, wealthy German naturalist, traveler, diplomat, author, who was a close friend of the King of Prussia.

84 The Chevalier Joseph Bertinatti, Minister Resident, 1S61-1S67.

85 Supra, Nov. 16, 1861, note 46.

86 The State Department has no record of such an instruction from Seward. On the contrary, Seward wrote confidentially to Charles F. Adams in Great Britain on November 27: “The act was done by Commander Wilkes without instructions, and even without the knowledge of the Government." John B. Moore, A Digest of International Law, VII, 768.

SOURCE: Howard K. Beale, Editor, The Diary of Edward Bates 1859-1866, p. 203-6

Wednesday, July 12, 2017

Salmon P. Chase to Edward S. Hamlin,* Columbus, Ohio, January 16, 1849

Cincinnati, January 16, [1849].

My Dear Hamlin: I have had my supper, — I have donned my dressing gown & slippers;—my wife is beside me in our snug dining room;— everything is comfortable around me;— and I am writing to a friend in whom I repose full confidence. At this moment I cannot find it in my heart to indulge a single unkindly or uncharitable thought toward any human being. To be sure, I do feel as if a certain individual, who rejoices in the initials S. P. C., might be a good deal better employed, than in political navigation; and sometimes find it difficult to suppress a rising sentiment of indignation against him, when I think of his preposterous folly in venturing to have opinions of his own, & even, what is scarcely credible, daring occasionally to act upon them. But with the exception of the slight disturbance occasioned by the conduct of this individual the current of my thoughts flows quite smoothly tonight. I wish you were here to sit down & chat with me. How pleasantly we might contrive to dispose of an hour or two!

But I can easily imagine your actual situation, — not half so pleasant as mine — sitting in the Standard office, at the long pine? table, scribbling some Editorial for the paper perhaps a defence of Townshend & Morse, — perhaps a gentle hint to our amiable friend Chaffee. Well, I am sorry for you. If wishes could “execute themselves” — as the rascally slaveholders who preside in the Supreme Court of the United States say of the fugitive clause in the Constitution — you should have a nice large cushioned leather library chair, with the easiest flowing gold pen, and the blackest ink and the finest blue wove paper, a bright fire, a warm carpet, and all the etcetras which could make an editorial sanctum attractive and delightful. Then you should have a plentiful income coming in like the tides into the Bay of Fundy, and a long, long list of faithful paying subscribers, constituting a congregation that the Pope — and every editor, you know is an infallible Pope — might be proud to preach to. But I can almost fancy you exclaiming “Stop! Stop! What is the fellow after? Does he want to drive me to suicide by reminding me so ruthlessly of the vast difference between the ideal & the actual?” and so I will stop; for I want no such responsibility on my shoulders or conscience.

I suppose you see the True Democrat regularly, and of course, have noticed the course of Briggs towards Townshend, Morse & myself. The object seems to me plain enough. If he can cut Townshend & myself down, & terrify Morse into unhesitating acquiescence into the decisions of the Whig Freesoil Caucus the course will be left clear, he thinks, for the unchecked sway of Free Soilism of the Whig stamp. But I think he must fail in his reckoning. He cannot, 1 believe, hurt Townshend or myself, nor do I imagine that his threats or menacing intimations will have much effect on Morse. I feel, however, a good deal of solicitude to know whether Mr. Morse maintains his independent position. I shall be much disappointed if he does not. To recede now would be worse than never to have taken it. How is it with our good friend, Mr. Van Doren? Is he regarded now as an Independent Free Soiler or a Whig Free Soiler?

I do wish that the Free Soilers in the Legislature could unite on the only practical basis of union. That is let the Democratic Free Soilers, & the Whig Free Soilers, and the Independent Free Soilers (which terms I use for distinction's sake only) meet together and confer freely on the course best to be pursued in every case of importance. At these meetings let mutual and perfect toleration be exercised by each towards all the rest, and let everything which is done or spoken be under the seal of the most sacred confidence. If they can after a comparison of views find a ground on which all can stand honestly & in good faith, let them take it and maintain it no matter who may be benefitted or injured by it. If they cannot find such a ground but, after the best efforts to reach it have failed, they find themselves, in consequence of honest convictions, influenced or not influenced by former party associations, unable to agree let each take his own course, with perfect respect for the others and with fixed determination not to ascribe or even indulge the supposition of improper motives. Of course such conferences of Free Soilers should allow the attendance of none, however antislavery or personally worthy, except those who adopt, in good faith, & without reservation, the National & State Platforms of Free Democracy, and have fully made up their minds and openly avowed their determination to act permanently in & with the Party organized upon them. I can think of no way so well calculated to prevent discord and secure a mutual good understanding as this. I do not know whether even this way is practicable.

I have this moment, (Tuesday 12 M) recd. your letter and thank you for it. Vaughan has written a reply to Briggs for the Cleveland True Democrat. It does not put the action of Morse & Townshend on the true ground precisely but I think it will do good. It does more than justice to me. Vaughan I am glad to find, agrees with us as to the prima facie right of Pugh & Peirce and thinks the division clauses should be repealed. I do not think he has considered the question as to the unconstitutionality of the law. I am glad Riddle proposes to introduce a bill to repeal the clauses. It is the right thing to do at this time, and he is the right man to do it. It will reflect credit on him, and do much service to Townshend & Morse. I regretted to see Beaver's remark that the division clauses of the apportionment law wd not be repealed while the First district remains disfranchised. This will do no good. The true question is, “Is the repeal right?” If it is, it cant be done too soon. I would write to Randall, but I did write to him a few days since, on the subject of the Governor's Return, as friendly a letter as I could & took great pains here & with friends elsewhere to set his action in that matter in the most favorable point of view. But I have heard nothing from him, & don't wish to seem to force a correspondence on him. Suppose you find out, as you easily can, why he dont write?

It seems to me that you must come out in defence of Townshend & Morse: and I am not sure that justice does not require a frank statement of the whole action in Columbus, resulting in the virtual expulsion from the caucus of all the Democratic & Independent Free Soilers.

I have no time to write further without losing the mail. I am very glad your cough is better.
_______________

* Edward S. Hamlin was a member of Congress from Ohio, 1844-45. He was an ardent worker for Chase, and at this time was the editor of an anti-slavery paper at Columbus, the Ohio Standard.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 145-8

Friday, June 30, 2017

John Hay to John G. Nicolay, October 13, 1864


Executive Mansion.
Washington, Oct. 13, 1864.
MY DEAR NICOLAY:

I suppose you are happy enough over the elections to do without letters. Here are two. I hope they are duns to remind you that you are mortal.

Indiana is simply glorious. The surprise of this good thing is its chief delight. Pennsylvania has done pretty well. We have a little majority on home vote as yet, and will get a fair vote from the soldiers, and do better in November. The wild estimates of Forney and Cameron, founded on no count or thorough canvass, are of course not fulfilled, but we did not expect them to be.

Judge Taney died last night. I have not heard anything this morning about the succession. It is a matter of the greatest personal importance that Mr. Lincoln has ever decided.

Winter Davis’ clique was badly scooped out in the mayoralty election at Baltimore yesterday. Chapman (regular Union) got nearly all the votes cast. . . .


SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 237; Michael Burlingame, Editor, At Lincoln’s Side: John Hay’s Civil War Correspondence and Selected Writings, p. 97

Monday, January 23, 2017

Diary of Gideon Welles: Friday, March 6, 1863

Appointments considered yesterday and to-day. Generally conceded that Field of California was the man for the Supreme Court. The Court of Claims seems a peace court. The Court for the District is more important, and unfortunately the hearts and sympathies of the present judges are with the Rebels.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 245

Saturday, November 12, 2016

John Brown to Reverend Samuel L. & Mrs. Florella Brown Adair, March 31, 1857

Springfield, Mass., March 31, 1857.

Dear Brother And Sister Adair, — I received Mr. Adair's most welcome letter to-day, and am greatly obliged for it indeed. I also yesterday saw your letter to Mr. Burt, at Canton, Conn. Mr. Burt died in January. In him truth, right, and humanity lost a faithful friend. I have but a moment to write, and but little to say that would afford you any interest, except that friends are well, so far as I know, and that I think of going West somewhere, soon. The excitement is getting up this way in view of Supreme Court proceedings.1 Walker's appointment as governor of Kansas, etc. May God still preserve and keep you all!

Your affectionate brother,
John Brown.
_______________

1 The Dred Scott decision.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 388

Sunday, September 11, 2016

Speech of James Henry Hammond: March 4, 1858

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. Wilson and others. Send them along.

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

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

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

Saturday, August 13, 2016

Salmon P. Chase to Charles Sumner, April 24, 1847

Cincinnati, Apr. 24, 1847.
C. Sumner, Esq., Boston.

My Dear Sir: I am much indebted to you for your very kind letter of March 12th, to which I should have replied earlier had I not been prevented by the fear of burdening you with an unprofitable correspondence. Your approbation of my argument for poor old Vanzandt1 is very grateful to me. I gave to the effort the best exertion of my ability, in the short time allowed me for preparation, and I had collected the material for the most part previously with a view to an oral discussion. I do not suppose that the judges of the Supreme Court regarded the argument as worth much attention. I have reason to believe that the case was decided before they received it; and that the opinion was designed for no more than a cursory notice of the points in the case, under the impression that it was not worth while to consider the views presented by the ––– on Vanzandt. I trust, however, and believe that the discussion will not be without a salutary effect upon the professional mind of the country, and if so, even though my poor old client be sacrificed, the great cause of humanity will be a gainer by it. I send you a notice of the decision which I prepared for the Morning Herald in this city. It is hurried and imperfect, but will serve perhaps to suggest something better to others. I hope you will give the argument of the court a review in the Reporter. It is, it seems to me, amazingly weak at all points. A worse decision, supported by feebler reasons, can hardly be found.

I was surprised by what you said of Judge Story. How could he regard the Prigg2 decision as a triumph of Freedom? The decision contains, indeed, a dictum in favor of the doctrine that slavery is local; just as the decision in the Mississippi case went upon the ground, so far as it related to the interstate slave trade, that under the Constitution all men are persons. But who, that knows anything of slaveholding aggression, will believe that, when the question of the locality of slavery comes directly in issue, there will be more regard paid to the dictum of the Prigg case, opposed as it is to the whole spirit of that most unfortunate decision, than was paid in the Vanzandt case to the doctrine of Groves and Slaughter3 that slaves are persons. The Supreme Court is, doubtless, composed of men of humanity—who in particular cases, involving no general principle touching what I may call the corporate interests of slaveholding, would willingly decide in favor of the liberty of individuals: — but they cannot be trusted at all when that great corporate interest is in question: and all attempts to compromise the matter by getting the court committed on such matters as the locality of slavery, in decisions of leading questions in favor of the slaveholders, will be found as unavailing as the efforts of the Philistines with their green withs upon Samson. It has been too much the fashion, both among politicians and among judges of the Free States to endeavor to get the best of the bargain in compromises. They have never succeeded and they never will. Despotism admits of no such compromises. The Devil cannot be cheated. “Resist the Devil and he will flee.” We have the highest authority for this: but there is no warrant for expecting success in an effort to circumvent him.

I saw poor Vanzandt a day or two ago. He came into town in his wagon, and sent up his son to ask me to come down to him, as he was unable to get up stairs to my office. He was very weak. Pulmonary disease had made sad work with his hardy frame. The probability is strong that before the mandate of the Supreme Court can be carried into a judgment of the Circuit Court the old man will have gone to another bar, where aid to the weak and suffering will not be imputed as a crime. I said to him that I could hardly suppose that, in view of his approaching end, he could feel any regret for having aided the fugitives, whose appeals to his compassion had brought him into his present troubles. The old man's eye lighted up, as he answered “No; if a single word could restore the man who escaped and save me from all sacrifice I would not utter it.” And such I believe is the universal spirit of those who have aided the oppressed in regaining their freedom.

You have noticed no doubt the case of Habeas Corpus before Judge Downie, of the District Court at Pittsburgh. The applicants for the Writ had arrested a fugitive slave, alleged to be such, and were about to carry him off by force. His cries attracted attention, and he was rescued from them. They were then arrested under the late law of Pennsylvania, which makes it a penal offence to retake slaves with violence, and were brought before Judge Downie by the Habeas Corpus. He, like Mr. Justice Woodbury held that slaves were property under the Constitution, and that the recaptors, having used no more force or violence than was necessary, were entitled to their discharge. Thus the detestable doctrine of property in man is spreading, having received the Countenance of the Supreme Court. Is it not the duty of every lover of Liberty in the profession, to do all that he can to counteract its vices?

I wish with you that Judge M’Lean had a “stronger backbone of Constitutional Antislavery.” He is a good man and an honest man, and his sympathies are with the enslaved. He emancipated one or more when he left Washington, leaving himself in debt beyond his then ability to pay. His opinions, however, are in favor of the construction of the Constitution, which he has put forth in the Vanzandt case; a very different construction indeed from that which the Supreme Court has given in the same case, but which allows, in that case at all events, the same practical results. I suppose, however, that the military fever will carry all before it in the Whig party, and that Mr. Taylor will be the Whig candidate. He is a large slaveholder, — has a sugar and cotton plantation — entertains the Calhoun opinion of slavery— would be an inflexible enemy of the Wilmot Proviso — would favor a high tariff, for the benefit of sugar, and probably, would regard with approbation the establishment of a Bank of the U. States. There is nothing in this character, which would make him unacceptable I presume to the “Whig party of the United States,” though the large and highly respectable antislavery portion of that Party would doubtless be not well pleased. Even of that portion, however, some, would, I fear, be willing to take the Slaveholder for the sake of the Whig, and vote for Slavery to keep out Locofocoism.

In my humble judgment, however, in the contingency indicated if the Democrats should be willing to take the Constitutional ground of opposition to Slavery, and nominate a Wilmot Proviso man who may be confidently relied on, it would be the duty of every friend of freedom to support the nomination. If the Democracy can now be brought onto antislavery ground, they will be sure to keep there until they clear the field.

With the greatest regard,
Yours most truly,
[Salmon P. Chase]

P. S. — I have sent some copies of my argument to some friends in England. It has struck me that as you are personally acquainted with many professional gentlemen there, you might think it useful to send some copies to them. If so, 1 shall take pleasure in sending to you as many as you may name.
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1 On the Van Zandt case, see Schuckers' Chase, 53 ff.

2 Prigg vs. Pennsylvania, 16 Peters, 539.

3 The Case of Groves vs. Slaughter, 1841, 15 Peters, 449. Cf. Hurd Law of Freedom and Bondage, I, 147, n. 2.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 113