Showing posts with label Wilmot Proviso. Show all posts
Showing posts with label Wilmot Proviso. Show all posts

Tuesday, December 10, 2024

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

WASHINGTON, January 2, 1849.

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

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

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

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

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

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

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

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

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

Thursday, December 5, 2024

Senator John C. Calhoun to Thomas G. Clemson, March 22, 1848

Washington 22d March 1848

MY DEAR SIR, The Cambria brought us the intelligence of the Revolution in Paris, the overthrow of the late dynasty and the establishment of a Republick. Your letter, tho' dated as late as the 24th Feb., makes no allusion to it; from which I infer the intercourse by the railroad had been interupted. It is, indeed, a great event, I would say a terrifick one for Europe. No one will say where it will stop. France is not prepared to become a Republick. I hope the Governments of Europe will look on without interference, and let the process take its natural course. It seems to me, looking on from this distance, that interference would but increase the flame and spread it more widely. But it is too early yet to speculate. We wait impatiently for the next arrival. As to ourselves, I feel pretty confident, we shall have peace with Mexico, or if we fail in that, we shall take a defensive position, which would in effect terminate the war. That closed, we shall have no exciting question, but that connected with the Wilmot proviso, and the Presidential election. The fate of both is still in a state of great uncertainty. It is impossible to say, with any certainty even now, who will be the candidate of either party.

All were well when I last heard from home. My health is as good as usual, and I have been less subject to colds than what I was last winter and the one before.

Love to Anna and the children.

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 746-7

Monday, December 2, 2024

Senator John C. Calhoun to Andrew Pickens Calhoun, April 16, 1848

Washington 16th April 1848

MY DEAR ANDREW, Everything here is in a state of uncertainty, in reference to the Presidential election. The parties are more distracted than ever. Clay's address1 has done him great injury with his party. It has in particular deeply offended the Southern portion.

In the mean time, the address of the Barnburners, just come out, has weakened and distracted the Democratick party. They take strong ground against us on the Wilmot proviso, and proclaim that they must be received by the Baltimore Convention to the exclusion of the Hunker delegates from the State. That I take it will be impossible, and a permanent split, with the loss of the State will be the result. I trust, out of all this confusion, a sufficient number of both parties will be found to be independent enough to make a rally to save ourselves and our institutions. As bad, as you suppose things to be here, it is not worse than the reality.

We are waiting with impatience for farther information from Europe. I have little hope from France, but a good deal of reliance on Germany. She has the materials for a good Govt, if they should be skillfully used. But we shall soon see.

My love to Margeret and the children.

_______________

1 Clay's speech at Lexington on the Mexican War, November 13, 1817, is probably referred to.

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 751-2

Sunday, October 13, 2024

Robert C. Winthrop to John J. Crittenden, May 13, 1852

BOSTON, May 13, 1852.

MY DEAR MR. CRITTENDEN,—I received a welcome letter from you weeks ago, for which I have often thanked you in spirit, and now tender you my cordial acknowledgments in due form. I trust that we are going to meet you all again this summer. You must come to Newport and resume your red republican robes and bathe off the debilities of a long heat at Washington. I wish you could be here at Commencement, July 22. Between now and then the great question of candidacy will be settled. How? How? Who can say? However it be, this only I pray,—give us a chance in Massachusetts to support it effectively. I do believe that we can elect Webster, Fillmore, Scott, or Crittenden, if there shall not be an unnecessary forcing of mere shibboleths down our throats. There is not an agitator in the whole Whig party here—no one who cares to disturb anything that has been done. As to the fugitive slave law, though I never thought it a wise piece of legislation, nor ever believed that it would be very effective, I have not the slightest doubt that it will long survive the satisfaction of the South and stand on the statute-book after its efficiency has become about equal to that of '93. But tests and provisos are odious things, whether Wilmot or anti-Wilmot. Webster is here, and his arrival has been the signal for a grand rally among his friends. There is no doubt but Massachusetts would work hard for him if he were fairly in the field, and I think there will be a general consent that he shall have the votes of all our delegates; but, what are they among so many? Do not let anybody imagine, however, that we shall bolt from the regular nominee, whoever he be, unless some unimaginably foolish action should be adopted by the convention.

Believe me, my dear sir, always most cordially and faithfully your friend and servant,

R. C. WINTHROP.
J. J. CRITTENDEN.

SOURCE: Ann Mary Butler Crittenden Coleman, Editor, The Life of John J. Crittenden: With Selections from His Correspondence and Speeches, Vol. 2, p. 36

Saturday, October 12, 2024

Congressman Albert G. Brown: The True Issue Stated, September 15, 1851

THE OTHER SIDE OF "THE TRUE ISSUE  STATED."

A PAMPHLET WRITTEN BY THE HON. ALBERT G. BROWN UPON THE SUBJECT OF THE COMPROMISE MEASURES OF 1850.

Two pamphlets, of thirty-two pages each, have recently made their appearance in great numbers among the people. These publications are entitled "The True Issue Stated, by a Union Man," and they do me such gross injustice that I feel called upon to notice them. If the man in the mask, who styles himself "A Union Man," would throw off his disguise and appear in his real person, I should doubtless be spared the trouble of answering his gross perversions of truth. An exposure of his name and face would be the most conclusive proof that justice and fair dealing are not to be expected at his hands.

The author of these pamphlets introduces my name in various places and connections, and it shall be my purpose to show how grossly he has perverted, or attempted to pervert, my acts and words.

1st. Reference is made to the introduction of a bill by Mr. Preston of Virginia, to admit, as a state, into the Union, the whole of the territory acquired from Mexico (to wit, California, Utah, and New Mexico), and an attempt is made to produce the impression that I contemplated voting for this proposition. The truth is that I spoke against it, and no one can read my speech without seeing at once that I never could have voted for Mr. Preston's bill, without having it amended in its most essential features. I spoke on the 10th of February, 1849 (see page 120, Appendix to Cong. Globe). In that speech I said:

"All our propositions were voted down as they were successively presented, and by that party which claims a right to undivided dominion over these territories. I never have, and never shall assent to the justice of this claim, and hereafter I will vote to maintain the rights of the South in their broadest latitude, unless I shall plainly see that by an honorable and manly surrender of a portion of these rights, peace may be secured, and the Union rescued from its present perilous condition."

It suited the purpose of "A Union Man" to leave this out. To have included it would have been to show the true temper of my speech—that I never would consent to give up the whole of the territories to the North. Then, as ever since, and before, I was ready to occupy the territories jointly with the people of the North, and if this could not be done, to divide them fairly. The North claimed the whole. "I never have, and never will, assent to the justice of this claim."

With amendments to Mr. Preston's bill, such as would effectually have insured the South justice in the territories, I would have voted for it; without these it never could have commanded my support.

"A Union Man" entirely overlooks the important fact that Preston's bill proposed to confer on the people of California, by act of Congress, the power to erect a state. I spoke against this at length, and yet the singular inference is drawn, that I ought to have voted for the admission of California, erected as she was into a state without the authority of Congress or of any other legislative body. It may be well seen how I could have voted to confer on the people of California the right to form a state government, and yet, how, without inconsistency, I should oppose her admission when she sought it on the authority alone of irresponsible and unauthorized persons. It did not suit the jaundiced eye of "A Union Man," to see the difference between the two propositions. Suppose I had even voted for Preston's proposition, to confer on the people of California the power to erect a state government, would it thence have involved me in an inconsistency to vote against the admission of a state, erected without authority, and by persons having no more right to do so than a nation of Hottentots? But the truth is, I did not vote for the one or the other of these propositions, nor did I contemplate doing so at any time.

I submit the following extracts from my speech on Preston's bill. Read them, and ask yourself what was "A Union Man's" intention in suppressing them:

"Here is a conquered people, possessing as yet, no political rights under our laws and Constitution, because not yet admitted to the rights of citizenship, and, what is worse, possessing no practical knowledge of the workings of our system of government, and knowing nothing of our institutions. The substantial question is, shall such a people give laws to our territories, and shape and mould their institutions for the present, and possibly for all time to come. * * * * The gentleman's bill gives to every white male inhabitant, over the age of twenty-one years, the right to vote, whether Spaniard, Mexican, Swede, Turk, or what not. * * * I submit to my honorable friend whether it would not be respectful, to say the least of it, towards his constituents and mine, to require these people, before they pass final judgment on our rights, to make an intimation in some form that they intend to become CITIZENS, as well as inhabitants of the United States." (See page 120, Appendix to Cong. Globe, 1849.)

It will be seen from these extracts, and more clearly by reading the whole speech, what my opinion of Mr. Preston's bill was, and that without amendments, such as should have avoided my objections, and given the South a hope of justice, I never could have voted for it. I confess to have felt then, as at all times, before and since, a strong anxiety to see the question settled upon terms fair and just to all parties, and in this spirit I said in my speech on Preston's bill: "I am prepared to go to that point where conflicting interests and opinions may meet, and adjust this dangerous issue upon terms honorable to both sides, and without any undue sacrifice by either party." Preston's bill did not go to that point. I made my speech to show that it did not. If it had been so amended as to reach the point designated, then I should have voted for it. Without this, my speech shows that my vote would have been given against it.

2d. The second point made by "A Union Man," is based on what he calls the memorial of the Senators and Representatives from California. I know nothing of this memorial, and care less. My statement was made on the authority of eye-witnesses in the country at the time the so-called California constitution was formed, and upon the better authority of General Riley's published proclamation. Upon these I stated, what is true, that thousands of foreigners were authorized to vote, and that they did vote. I make no qualification to the general declaration that the constitution of California was made by unauthorized persons—that among them were foreigners not speaking our language, knowing nothing of our laws, and caring nothing for our rights.

3d. "A Union Man" next takes issue with me on my statement that "the fugitive slave bill," the same that is now the law of the land, is not, and never was, one of the "compromise bills." I repeat now, that it was not, and that it never was, a part of Mr. Clay's omnibus, or general compromise bill. "A Union Man" knows perfectly well, if he knows anything at all on the subject, that the fugitive slave bill, the one that passed, did not come from the hands of Mr. Clay, or the hands of any other compromise man. He knows that Mr. Mason of Virginia, a friend of southern rights, and a bitter opponent of the compromise, introduced this bill, and that it was supported and carried through the Senate and House of Representatives, by Southern votes, and that without the votes of Southern Rights Democrats, it never could have been passed through either House of Congress. He knows that the Fugitive Slave Bill got but thirty-three Northern votes, three in the Senate, and thirty in the House. All the rest, one hundred and forty-four in number, either voted against it, or fled from their seats to avoid the responsibility of voting. All these things "A Union Man" knows perfectly well. Why conceal the facts if he did not mean to deceive the people?

The Fugitive Slave Bill is not a gift from the North, either as a part of the Compromise or otherwise. It was introduced by an Anti-compromise Southern Rights Democrat, and it was carried through both Houses of Congress by Southern votes, and without the aid of the ENEMIES of the Compromise it never would have passed.

4th. The fourth point made against me is that I was a member of a committee in Congress that reported a bill to abolish the slave trade in the District of Columbia, in 1849. It is true that I was a member of the committee, made so by the Speaker, without my consent; but it is not true that I reported the bill, or even consented to its being reported. It is not true that I voted for it after it was reported, or ever consented or promised to vote for it.

In this, as in other cases, a "A Union Man" publishes what he calls extracts from my speeches, taking care to suppress every word that does not suit his purpose. Why were paragraphs like these left out:

Mr. Brown said, "he had always believed that in his representative character, he was called upon to represent the expressed will and wishes of the people of the District of Columbia, having, at the same time, due regard to the rights of the people of the several states, and to the restrictions of the Constitution of the United States." And again, he did not believe that the strong party in Congress had a right to pass any law for the District without respect to the wishes of the people of the District, and without respect to the Constitution and the rights of the people outside of the District, but that in all this branch of their public charge they should have an eye strictly to the Constitution and to the rights of the whole people." And then again: "In acting upon a petition from the people of this District, his first object was to inquire how far he might go and still remain within the limits of the Constitution, and then how far he might go without infringing upon the deed of cession from Maryland and Virginia. These limits being ascertained, he should be prepared to go for any law desired by the people of the District, which did not require these fixed limits to be transcended."

These passages have been omitted by a "A Union Man." He could not show them, without disclosing the fact that then, as now, I insisted upon an observance of the constitutional rights of the whole people. Were these rights respected when Congress enacted that the master's slave "should become liberated and free," if he took him to the District, "for the purpose of selling him?"

I extract again from the same speech:

Mr. Brown said: "If gentlemen desire it of him, he would now tell them that he felt the necessity, on the part of the South, of standing together upon every question involving the right of property in slaves, the slave trade, and Abolition in all its forms. He knew that they must stand together for defence: therefore, as the South vote so he should vote, till the pressure from without should be withdrawn. The South acted together upon the principle of self-protection and self-preservation. They stood for protection against destruction and annihilation. He knew not the motive which prompted this outward pressure; he felt its existence, and he knew that the South acted purely on the defensive; they merely warded off the blow directed against their peace-their lives. Such were his motives for voting with the South. And he now said to all who were opposed to him or his country, Withdraw your pressure; cease to to agitate this question; let us alone; do whatsoever you think be right without endangering us, and you will find that we, too, are ready to do right."


Mr. Brown trusted he had not been misunderstood; for it was known that, to a Southern member, this was a delicate question. He had expressed his honest views—views which he desired to carry out in good faith. He did very well know, that if the South were let alone—if they were not positively ill-treated, the North might be assured they would come up and do what was right. They stood together now for their own preservation, and nothing less than unity in their councils could be expected of them in the present crisis. If individual members did not always vote exactly according to their views of right upon these questions, it was because of this known, and now universally acknowledged, necessity of unity and concert among ourselves. When a sleepless and dangerous enemy stood at our doors, we felt the necessity of acting together. Let that enemy withdraw—let us out into the open sunshine, where we could look upon the same sun that you look upon—where the air, the land, the water, everything could be seen in common, and enjoyed in common—and we should be ready to meet you as brethren, and legislate with you as brethren. But so long as you keep up this pressure, these endless, ceaseless, ruthless assaults upon us, we must stand together for defence. In this position we must regard you as our enemies, and we are yours.

These, and other kindred expressions, were meanly suppressed, because it would not do to disclose the fact, that then, as now, I stood by the South, and with the South, in the defence of Southern interests, Southern rights, and Southern honor.

This bill of 1849, which I did not introduce, did not in any way support, and for which I never would have voted, except (as stated at the time) in company with the great body of southern members, and not then, unless certain constitutional impediments had been first removed—this bill only punished the overt act of selling or offering to sell, by the fine and imprisonment of the master or owner of the slave. The bill, as passed into a law, by the Compromisers, punishes the "purpose" or intention to sell by setting the slave free. It is the act of setting the slave at LIBERTY, because his master intends to sell him, that I complain of, as the special outrage inflicted by this Compromise.

These are the material points made against me in pamphlet number ONE. The positions against me in the second number are:

1st. That I voted, on two occasions, with certain Abolitionists in Congress—first, on the Utah bill, and next on the Texas boundary bill. For both of these votes I had good and sufficient reasons, and I have so often given them to the public that I deem it useless to repeat them at length. Let a very brief statement suffice. And first, as regards the Texas boundary bill. This bill, and that to give a territorial government to New Mexico, were included in one proposition. I could not, therefore, vote for, or against the one, without voting for or against the other. The Abolitionists desired to take from Texas about 80,000 square miles of the territory south of 36° 30′, and pay her nothing; I was not willing to give up one inch of territory south of that line, or pay anything if it was taken; and hence, for very different reasons, we were brought together in voting against a proposition to take forty-four thousand square miles of territory, and pay ten millions of dollars. And then, as regards Utah. This was the last of the territorial bills that came up for consideration, and for many reasons I did not think it a matter of much consequence. If justice had been done us in the other territories, I might have voted for this bill. Utah lies entirely above 36° 30′, and if our rights had been respected south of that line, I should not have contended against giving up the territory north of it. But if our rights were not acknowledged south of the line, I would not voluntarily abandon our claim north of it. As many Free-Soilers as felt willing to risk the Mexican law abolishing slavery in the territories voted for this Utah bill. Those who insisted upon the Wilmot proviso, in terms, voted against it. But since the bill has passed they are all satisfied, and they will remain so as long as the Mexican law has the EFFECT of excluding slavery, and whenever it fails in that effect, if it ever does, they will fall back upon the Wilmot proviso. These territories, Utah and New Mexico, were organized with the distinct understanding among all northern men, and with many southern men, that slavery was already excluded by the law of Mexico. And without this understanding, it is well known that northern senators and representatives would not have voted for these bills. I could not, and would not make myself a party to such an understanding, and for this, as well as for other reasons, I voted against these territorial bills.

Why was not this Mexican law repealed? I will show the reason; and I will show, moreover, that "A Union Man" acts the hypocrite when he charges it as a FAULT against me that I voted with the Abolitionists. Is not "A Union Man" the friend of General Foote?—and, if so, how does he excuse such votes as the following? Colonel Davis introduced an amendment, as follows, the design of which was to repeal the law of Mexico—abolishing slavery in the territories acquired from Mexico. Here is Davis's amendment:

"And that all laws and usages existing in said territory, at the date of its acquisition by the United States, which deny or obstruct the right of any citizen of the United States to remove to and reside in said territory with any species of property legally held in any of the states of this Union, be and are hereby declared null and void.”

The following is the vote:

YEAS-Messrs. Atchison, Barnwell, Bell, Berrien, Butler, Clemens, Davis of Mississippi, Dawson, Downs, Houston, Hunter, King, Mangum, Morton, Pratt, Rusk, Sebastian, Soule, Turney, Underwood, and Yulee—22.


NAYS-Messrs. Badger, Baldwin, Benton, Bradbury, Bright, Cass, Chase, Clarke, Clay, Cooper, Davis of Massachusetts, Dayton, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Felch, Foote, Greene, Hale, Hamlin, Jones, Miller, Norris, Pearce, Seward, Shields, Smith, Spruance, Sturgeon, Upham, Wales, Walker, and Whitcomb—33.

It will be seen that twenty-two senators voted for this amendment—all of them from the South, and that thirty-three voted against itamong them CHASE, HALE, HAMLIN, SEWARD, and every other Free-Soiler and Abolitionist in the Senate, and it will be further seen that GENERAL FOOTE voted in the same list with these Free-Soilers and Abolitionists.

Nor is this all. On the 28th of August, 1850, Mr. Atchison moved to lay the bill to abolish the slave trade in the District of Columbia on the table. GENERAL FOOTE voted with Hale, Chase, Baldwin, and other Abolitionists and Free-Soilers, against laying it on the table.

And again, on the 10th of September, 1850, the question being on striking out the first section of this same bill, GENERAL FOOTE again voted with Chase, Hamlin, Seward, and other Free-Soilers, against striking it out. Here is the first section of the bill:

"Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That from and after the first day of January, eighteen hundred and fifty-one, it shall not be lawful to bring into the District of Columbia any slave whatever for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other state or place to be sold as merchandise. And if any slave shall be brought into said district by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall, thereupon, become LIBERATED AND FREE."

The following is the vote on the motion to strike out this section:

YEAS-Messrs. Atchison, Berrien, Butler, Davis of Mississippi, Dawson, Downs, Houston, Hunter, King, Mason, Morton, Pratt, Rusk, Sebastian, Soule, Turney, Underwood, Yulee—18.


NAYS-Messrs. Badger, Baldwin, Bell, Benton, Bright, Chase, Clay, Davis of Massachusetts, Dayton, Dickinson, Dodge of Wisconsin, Dodge of Iowa, Ewing, Felch, Foote, Greene, Hamlin, Jones, Mangum, Norris, Phelps, Seward, Shields, Smith, Spruance, Sturgeon, Wales, Walker, Whitcomb, Winthrop—30.

It will be seen that all the ayes are from the South, and that "A Union Man's" favorite candidate for governor voted again with the Abolitionists.

My object in presenting these votes of General Foote, is not to criticise them, but to show the hypocrisy of "A Union Man," who holds up my votes, and invokes the condemnation of my constituents upon them, whilst he carefully avoids the like votes of his own favorite candidate. If it be a sin in me to have voted with Giddings and Tuck, is it any less a sin in Foote to have voted with SEWARD and HALE?

But to proceed to point No. 2. This pamphlet contains what purports to be extracts from my speeches, and in making them up to suit his purposes, "A Union Man" has been guilty of the grossest frauds. He not only suppresses material parts of my speeches, without which, he well knows, the other parts will not be understood, but he divides paragraphs, sticks the divided parts together, drops sentences, and leaves out whatever does not suit his purposes, and all with the intention, as he well knows, of misleading the public. In all my life, I have never seen truth so grossly perverted, or falsehood and slander more impudently suggested.

The intention of this writer is to show that I am a Disunionist. To this charge I give the LIE direct, and leave this masked calumniator to his farther proof. On this point I select, at random, the following paragraphs from my speeches, and ask an indulgent public why these things have been suppressed, if the intention of "A Union Man" was not fraudulent? If it was not his purpose to impose upon the public, why did he suppress the truth? From my speech on Preston's bill, February 10th, 1850, page 120, Appendix Congressional Globe:—

"Let it (the Union) fulfil the high purposes of its creation, and the people will preserve it at any and every sacrifice of blood and treasure, and nowhere will these sacrifices be more freely made than in the South."


"The Union of these states rests on a foundation solid and sacred, the affections of the people of all the states. Be careful how you tamper with that foundation, lest you destroy it, and thus destroy the UNION itself. Let the Union dispense equal and exact justice to all-special favors to none, and not one murmur of complaint will ever come up here from the patriotic sons of the sunny South.' We despise injustice of every kind. In the emphatic words of a distinguished chieftain, 'we ask no favors and shrink from no responsibility.”

Why did "A Union Man" pass over these and other like expressions in that speech?

"A Union Man" commences one of his extracts with the words, "Have we any reason to fear a dissolution of the Union?" and then has the meanness to suppress these words, which are next after them, in the same paragraph, and in actual connection with them: "Look at the question dispassionately, and answer to yourselves the important question, can anything be expected from the fears of the southern people?" Why were these words left out? Simply, because to have shown them would have been to show that I had but warned the North not to calculate on the cowardice of the southern people.

And again, in the same paragraph, these words are left out: "We have not been slow in manifesting our devotion to the Union. In all our national conflicts we have obeyed the dictates of duty, the behests of patriotism-our money has gone freely, the lives of our people have been freely given up, their blood has washed many a blot from the national escutcheon, we have loved the Union, and we love it yet, but not for this, nor a thousand such Unions, will we suffer DISHONOR at your hands."

And again, these words are extracted, "I tell you, sir, sooner than submit, we would dissolve a thousand such Unions as this," and with this "A Union Man" stops. Why did he not include the very next words, "Sooner than allow our SLAVES to become our MASTERS, we would lay waste our country with fire and sword, and with our broken spears dig for ourselves honorable graves." Why were the first words taken and the next left out? Because, if all had appeared, it would have been seen that it was bondage to our own slaves that I gave warning we would not submit to. It did not suit "A Union Man" to tell the truth, and so he LIED, by suppressing the truth.

Again, "A Union Man" extracts a part of a paragraph as follows:— "Whether the people will submit to this high-handed proceeding (the admission of California), I do not know; but for myself, I am for resistance," &c. Here I charge that this writer not only garbles my speech, but by inserting the words (the admission of California), he suggests a positive falsehood. These words were not used by me, do not appear in the printed copy of my speech, and were interlined by this writer for no other purpose than to suggest a falsehood. The "highhanded proceeding" alluded to by me, had no reference to the admission of California, but referred directly to the conduct of the President of the United States, as was stated at the time, in attempting "to make a new state without the aid of Congress, and in defiance of the Constitution." This was the "high-handed proceeding" which I pledged myself to "resist," and that pledge I have redeemed to the utmost of my ability. This whole speech will be found on page 258 to 261 Cong. Globe, 1850.

In addition to the above, I beg leave to submit, from the same speech, the following extracts. Why did "A Union Man" omit them?—

"Oh! gentlemen, pause, I beseech you, in this mad career. The South cannot, will not, dare not submit to your demands. The consequences to her are terrible beyond description. To you forbearance would be a virtue-virtue adorned with love, truth, justice, patriotism. To some men I can make no appeal, * * * but to sound men, just men, patriotic men, I do make an earnest appeal, that they array themselves on the side of the Constitution, and save the Union. Let those who desire to save the Constitution and the Union, come out from among the wicked, and array themselves on the side of justice-and here in this hall, erected by our fathers, and dedicated to liberty and law, we will make new vows, enter into new covenants to stand together and fight the demon of discord, until death shall summon us to another and a better world." * * * * *


"Before the first fatal step is taken, remember that we have interests involved which we cannot relinquish, rights which it were better to die with than live without. The direct pecuniary interest involved is twenty hundred millions of dollars, and yet the loss of this is the least of the calamities you are entailing upon us. Our country is to be made desolate, we are to be driven from our homes-the homes hallowed by all the sacred associations of families and friends, we are to be sent like a people accursed of God to wander through the land, homeless, houseless and friendless, or what is ten thousand times worse than this, than these, than all, remain in a country now prosperous and happy, and see ourselves, our wives and our children, degraded to a social position with the black race. These, these are the frightful, terrible consequences you would entail upon us. I TELL YOU, SIR, SOONER THAN SUBMIT, WE WOULD DISSOLVE A THOUSAND SUCH UNIONS AS THIS-Sooner than allow our slaves to become our masters, we would lay waste our country with fire and sword, and with our broken spears, dig for ourselves honorable graves."

Is there a southern heart that does not throb a fervent response to these sentiments? and is there an honest eye that does not detect the baseness which prompted "A Union Man," when he tore from this paragraph the single sentence: "I tell you, sir, sooner than submit, we would dissolve a thousand such Unions as this?" Did he not know that he was perpetrating a fraud? On the same page from which this extract is taken, the following may be found. Does any one suppose it escaped the eye of "A Union Man?"

“I repeat, we deprecate disunion. Devoted to the Constitution-reverencing the Union-holding in sacred remembrance the names, the deeds, and the glories of our common and illustrious ancestors, there is no ordinary ill to which we would not bow sooner than dissolve the political association of these states. If there was any point short of absolute ruin to ourselves, and desolation to our country, at which these aggressive measures would certainly stop, we would say at once go to that point and give us peace." And again


"I warn gentlemen if they persist in their present course of policy, that the sin of disunion is on their heads, not ours. If a man assaults me, and I strike in self-defence, I am no violator of the public peace. If one attacks me with such fury as to jeopardize my life, and I slay him in the conflict, I am no murderer. If you attempt to force upon us sectional desolation, and-what to us is infinitely worse social degradation, we will resist you, and if in the conflict of resistance the Union is dissolved, we are not responsible. If any man charges me with harboring sentiments of disunion, he is greatly mistaken. If he says that I prefer disunion to sectional and social degradation, he does me no more than justice." * * *


"Do not mistake me; I do not say that our exclusion from the territories would of itself justify disunion. I do not say that the destruction of the slave trade in the District of Columbia, nor even its abolition here, nor yet the prohibition of the slave trade among the states, would justify it. It may be, that not one, or two, nor all of these combined, would justify disunion. These are but initiatory steps, they lead you on to the mastery over us, and you shall not take these steps."

I might show many other extracts from this same speech, but surely these may suffice. To those who would know more about it, I would say, "Look to the Congressional Globe, of January 30th, 1850, page 257, and read the whole speech. The book may be found in the office of the Probate Clerk, where I caused it to be placed for your inspection."

If more shall be desired in refutation of the slander, that I sought dissolution of the Union, allow me to present an extract from my speech of August 8, 1850, page 1550 Cong. Globe. And here let me remark that when these speeches were made, no murmur of complaint was heard against them. Then they were patriotic enough; now they are rank treason, according to my enemies.

“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 wind, as traitors and disunionists. It is not 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 ating 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."

So I spoke on the 8th of August, 1850, and so I say now. It is by such reptiles as this "Union Man," that the South is stung; and when the South learns to plant her foot upon them and crush them, she may look for justice, and not till then.

A speech made by me at "Ellwood Springs," in November, 1850, has been the subject of extensive misrepresentation and slander. “A UnionMan" could not of course speak the truth in regard to it.

He leaves out sentences, and puts others together to suit his own false purposes. For instance, he makes me say "this justice was denied us in the adjustment bills that passed Congress." "I am for resistance; I am for that sort of resistance which shall be effective and final." These two sentences are more than two entire pages apart in the speech as delivered by me, and have no relation to each other. The words "this justice was denied us in the adjustment bills which passed Congress," are immediately followed by the words, "But we are not to infer that the fault was either in the Union or the Constitution. The Union is strength, and if not wickedly diverted from its purposes, will secure us that domestic tranquillity which is our birthright. The Constitution is our shield and our buckler, and needs only to be fairly administered to dispense equal and exact justice to all parts of this great confederacy." Why were not the words extracted as they were spoken? Why put two sentences together taken from different pages, having no relation to one another, and leave out all that was said in connection with the one and with the other? Was there ever a more impudent attempt at fraud and imposition?

This writer says, I demanded justice for every state and for all sections, and that I added, "If the Union cannot yield to the demand, I am against the Union. If the Constitution does not secure it, I am against the Constitution." And he would, from his manner of stating what I said, leave the inference that I was against the Union and the Constitution, because they had not secured us justice. I said, in this precise connection, "We are not to infer that the fault is in the Union, or the Constitution. The Union is strength, and the Constitution is our shield and our buckler." But it did not suit the purposes of "A Union Man" to quote these words. He could not have seen the words that he did quote without seeing these also; they were, therefore, intentionally omitted.

It is asserted that I made certain demands of the federal government, and took the ground if these demands were not complied with, "all connection with the Northern States ought to be dissolved." The demands are not set forth, and the reader is left to infer that there was something monstrous and unreasonable in these demands. The truth is, that

I have demanded nothing, have proposed nothing, but what the southern friends of the compromise say we now have. All I ask is that they will join us in procuring from their northern friends, an acknowledg ment that their interpretation of the compromise is right. Here are the demands; is there anything unreasonable or unjust in them?—

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


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


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


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


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

Is there anything asked for in all this which the friends of the compromise are not constantly insisting we now have? And yet the writer of this pamphlet falsely asserts that I have demanded a repeal of the compromise, and the substitution of other legislation in its place. No such thing is true. I have only asked that the friends of the compromise at the North should execute it as its southern friends say they understand it; and why shall southern men shrink from this demand if they are sincere in their declarations? They know perfectly well that their interpretation is repudiated by their northern allies, and therefore it is that they shrink from the test of making the demand.

Mississippi has declined making any demands, and of course my proposition falls to the ground. No one could suspect me of the extreme folly of urging these or any other demands, after the state had decided that she would do nothing.

I present these extracts from the Ellwood Springs speech:

"I have great confidence that the government may be brought back to its original purity. I have great confidence that the government will again be administered in subordination to the Constitution; that we shall be restored to our equal position in the confederacy, and that our rights will again be respected as they were from 1787 to 1819. This being done, I shall be satisfied-nothing short of this will satisfy me. I can never consent to take a subordinate position. By no act or word of mine shall the South ever be reduced to a state of dependence on the North. I will cling to the Union, and utter its praise with my last breath, but it must be a Union of equals; it must be a Union in which my state and my section is equal in rights to any other section or state. I will not consent that the South shall become the Ireland of this country. Better, far, that we dissolve our political connection with the North than live connected with her as her slaves or vassals. The fathers of the republic counselled us to live together in peace and concord, but those venerable sages and patriots never counselled us to surrender our equal position in the Union.


Let me say to you, in all sincerity, fellow-citizens, that I am no disunionist. If I know my own heart, I am more concerned about the means of preserving the Union, than I am about the means of destroying it. The danger is not that we shall dissolve the Union, by a bold and manly vindication of our rights; but rather that we shall, in abandoning our rights, abandon the Union also. So help me God, I believe the submissionists are the very worst enemies of the Union."

Why was all this passed over in silence?

I might show how, in many other instances, I have been treated with the same gross injustice which has marked those that I have now pointed out; but to pursue the subject farther would be tedious and unprofitable.

"There are my speeches, and there my votes, I stand by and defend them. You say for these my country will repudiate me. I demand a trial of the issue." This was my language in the first speech made by me after my return from Washington. I repeat it now. I said then, as I say now, that the charge laid against me that I was, or ever had been, for disunion or secession, was and is FALSE and SLANDEROUS.

I stand by my votes as they were given, and by my speeches as they were made. I am not responsible for speeches made for me by others; nor will I consent to be tried on the motives which my enemies charge to have influenced my votes. It is easy to publish garbled extracts

from any man's speeches, and it is quite as easy to attribute to any man bad motives for his votes. I am not to be tried, thanks to a free government, in a STAR CHAMBER, before perjured judges, but at the ballot box, by a free people.

I am not surprised to find myself assailed with malignity, and least of all does it surprise me that these assaults come from Natchez. I was never a favorite with certain men in that city, and if it should ever fall out that they speak well of me, I shall indeed wonder what great sin I have committed against republican institutions.

When I heard that a large sum of money had been subscribed by my enemies, and that my defeat was one of the great ends to be obtained by it, I conjectured that the old Federalists were on their walk, and that a plentiful shower of slander and defamation might be expected. I have not been disappointed. These attacks will, no doubt, be kept up until after the election, and many of them will, necessarily, go unanswered. I cannot be everywhere in person, and I have not the means of publishing and circulating documents against this regular combination, controlling, as it does, its thousands and its tens of thousands of dollars.

It ought to be borne in mind how easy it is to misconstrue and misrepresent the acts and speeches of a public man. Taking into account the length of time that I have been in the public service, it is rather a matter of surprise with me that my enemies have found so little to carp at. The circumstances under which I have spoken or acted are, of course, very conveniently forgotten, and nothing is remembered but such words or acts as may be turned to my disadvantage. These are eagerly seized upon by my enemies, and held up to public gaze; and if the public indignation fails to rise, they then torture my words, and give them forced constructions, so as to make me say what, indeed, I never thought of saying. No man ever yet spoke so explicitly as to escape the misconceptions of the weak, or the misconstructions of the corrupt and designing. Not even the inspired writers have escaped this common fate. The Atheist proves, to his own satisfaction at least, that there is no God, and, taking the Bible for his text, he undertakes to prove that the Bible is a fiction. Volney, Voltaire, and Tom Paine, have each made his assault upon the divinity of the Saviour; each has had his proselytes; and each based his argument upon the words of inspired writers. These things being true, what folly it is for an ordinary man to hope for escape from false interpretations, misconstructions and misrepresentations! I know my own meaning better than any other man, and after sixteen years of public service, during all of which time I never practised a fraud or deception upon the public, I confront my enemies, and tell them they SLANDER me, when they charge that I am now, or ever have been, the SECRET or OPEN advocate of disunion or secession.

I am no more a secessionist, because I think a state has a right to secede, than are my enemies revolutionists, because they maintain the right of revolution.

In days gone by, I denounced the United States Bank, the protective tariff, and other acts of the general government, without incurring the charge of being a disunionist. I opposed and denounced the compromise, but I did not thereby make myself a disunionist. I thought, in the beginning, that it inflicted a positive injury upon the South, and I think so now. This opinion is well settled, and is not likely to undergo any material change. I gave my advice freely, but never obtrusively, as to the course which I thought our state should pursue. That advice has not been taken. Mississippi has decided that submission to, or acquiescence in, the compromise measures, is her true policy. As a citizen, I bow to the judgment of my state. I wish her judgment had been otherwise; but from her decision I ask no appeal. Neither as a citizen nor as a representative, would I disturb or agitate this or any other question after it had been settled by the deliberate judgment of the people.

I never have, and I never will introduce the subject of slavery into Congress. When it has been introduced by others, I have defended the rights of my constituents, and, if re-elected, I will do so again.

In the approaching election, I ask the judgment of my constituents on my past course. I claim no exemption from the frailties common to all mankind. That I have erred is possible, but that the interests of my constituents have suffered from my neglect, or that I have intentionally done any act or said anything to dishonor them in the eyes of the world, or to bring discredit upon our common country, is not true. In all that I have said or done, my aim has been for the honor, the happiness, and the true glory of my state.

I opposed the compromise with all the power I possessed. I opposed the admission of California, the division of Texas, the abolition of the slave trade in the District of Columbia, and I voted against the Utah bill. I need scarcely say that I voted for the Fugitive Slave bill, and aided, as far as I could, in its passage. I opposed the compromise.

I thought, with Mr. Clay, that "it gave almost everything to the North, and to the South nothing but her honor.'

I thought, with Mr. Webster, that the “South got what the North lost-and that was nothing at all.’

I thought, with Mr. Brooks, that the "North carried everything before her."

I thought, with Mr. Clemens, that "there was no equity to redeem the outrage.”

I thought, with Mr. Downs, that "it was no compromise at all." I thought, with Mr. Freeman, that "the North got the oyster and we got the shell."

I thought, at the last, what General Foote thought, at the first, that "it contained none of the features of a genuine compromise."

And finally, and lastly, I voted against it, and spoke against it, BECAUSE it unsettled the balance of power between the two sections of the Union, inflicted an injury upon the South, and struck a blow at that political equality of the states and of the people, on which the Union is founded, and without a maintenance of which the Union cannot be preserved.

I spoke against it, and voted against it, in all its forms. I was against it as an Omnibus, and I was against it in its details. I fought it through from Alpha to Omega, and I would do so again. I denounced it before the people, and down to the last hour I continued to oppose it. The people have decided that the state shall acquiesce, and with me that decision is final. I struggled for what I thought was the true interest and honor of my constituents, and if for this they think me

worthy of condemnation, I am ready for the sacrifice. For opposing the compromise, I have no apologies or excuses to offer; I did that which my conscience told me was right, and the only regret I feel is that my opposition was not more availing.

A. G. BROWN.
GALLATIN, September 15, 1851.

NOTE.—As the district will, no doubt, be flooded with all manner of publications, and traversed by all sorts of speakers, I must again remind my friends that the Congressional Globe, containing a perfect record of all my votes, speeches, motions and resolutions, may be found in the clerk's offices of each county. It was placed there by me for inspection, and by it, as the official record, I am willing to be tried. When my enemies are found peddling newspapers and pamphlets, without names, giving accounts of my actings and sayings, I hope my friends will appeal to this record, and insist that I shall be tried by that, and not by the statements of my enemies.  A. G. B.

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. 233-46

Thursday, August 1, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To John Holmes.

 

MONTICELLO, April 22, 1820.

 

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

 

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

 

THOMAS JEFFERSON.

Mark his prophetic words! Mark his profound reasoning!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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