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

Sunday, August 6, 2023

Senator John J. Crittenden to Orlando Brown, April 30, 1850

FRANKFORT, April 30, 1850.

DEAR ORLANDO,—On my return, last Saturday, from Louisville, where I had been spending some days, I found your letter. I perused it with the most painful interest. My heart is troubled at the discord that seems to reign among our friends. Burnley will be in Washington when this reaches you, and with his good sense and his sincere devotion to General Taylor will be able to settle all difficulties about the Republic, and give to it a satisfactory and harmonious direction. The editors of that paper are the friends of General Taylor, and if his cabinet is not altogether what they could wish, they ought, for his sake and the sake of his cause, to waive all objections on that score. Concession among friends is no sacrifice of independence. The temper to do it is a virtue, and indispensable to that co-operation that is necessary to political success. I do not, of course, mean that any man, for any object, ought to surrender essential principles, or his honor; but in this instance nothing of that sort can be involved. The utmost differences of the parties must consist of personal feelings, or disagreements in opinion about expediencies. If even an old Roman could say, and that, too, with continued approbation of about twenty centuries, that he had rather err with Cato, etc., I think that we, his friends, one and all of us, ought to give to General Taylor the full benefit of that sentiment, and strengthen him thereby to bear the great responsibility we have placed upon him. Cato himself was not more just or illustrious than General Taylor, nor ever rendered greater services to his country. When I read your account of that interview, in which he uttered the indignant complaints extorted from him by contumely and wrong, I felt, Orlando, that scene as you did, when you so nobly described it,—my heart burned within me. It is not with such a man, so situated, that friends ought to stand upon niceties, or be backward in their services. The men of the Republic will not, I am certain. They are men of the right grit, and I assure myself that all will be amicably arranged and settled with them. The course pursued in Congress towards General Taylor and his cabinet will, I think, react in their favor, and out of the very difficulties that surround him he will triumph, as he has triumphed before. This is my hope and my faith. The committees intended to persecute and destroy, will strengthen and preserve, the cabinet, and the slavery question settled, the friends that it has dispersed will return to the standard of old Zack.

I am sorry that you intend to resign your office so soon. I am satisfied that you are useful to General Taylor, and that your leaving Washington will deprive him of a great comfort. There must be something soothing in escaping occasionally from the stated and formal consultations of the cabinet and indulging in the free and irresponsible intercourse and conversation of a trusted friend. Who is to succeed you when you resign? Every one, I believe, feels some particular concern in his successor, as though it were a sort of continuation of himself. If you have not committed yourself otherwise, I should be pleased to see Alexander McKee, the clerk of our county of Garrard, succeed you. You know him, I believe. He is the near relation of Colonel McKee, who fell at Buena Vista, a man of business and a bold and ardent friend of General Taylor. If you are willing and will advise as to the time and course, he will probably visit Washington and endeavor to obtain the office. Let me hear from you on this subject. I think you will yet be offered the mission to Vienna, and that you ought not to decline so fine an opportunity of visiting the Old World.

It seems to me evident that the slavery question must now soon be settled, and that upon the basis of admitting California and establishing territorial governments without the Wilmot proviso. If this fails, great excitement and strife will be the consequence, and all will be charged, right or wrong, to the opposition of the administration to that plan. In the present state of things, I can see no inconsistency in the administration's supporting that plan. It is not in terms the plan recommended by the President, but it is the same in effect, and modified only by the circumstances that have since occurred. General Taylor's object was to avoid and suppress agitation by inaction, and by leaving the slavery question to be settled by the people of the respective territories; but the temper of the times was not wise and forbearing enough to accept this pacific policy. To promote this policy, General Taylor was willing to forego what, under ordinary circumstances, would have been a duty, the establishment of territorial governments. But what has since happened, and what is now the altered state of the case? The agitation which he would have suppressed has taken place, and, instead of the forbearance recommended by him, a course of action has been taken which must lead to some positive settlement, or leave the subject in a much worse condition than it has ever been. Here, then, is a new case presented; and it seems to me that the grand object exhibited in the President's recommendation will be accomplished by the admission of California and the establishment of territorial governments without the Wilmot proviso. The prime object was to avoid that proviso and its excitements by inaction; but any course of action that gets rid of that proviso cannot be said to be inconsistent with the object in view. The only difference is in the means of attaining the same end, and that difference is the result of the altered state of the subject since the date of the President's message. In the attainment of so great an object as that in question, the peace and safety of the Union, it will, as it seems to me, be wise and magnanimous in the administration not to be tenacious of any particular plan, but to give its active aid and support to any plan that can effect the purpose. I want the plan that does settle the great question, whatever it may be, or whosesoever it may be, to have General Taylor's Imprimatur upon it.

I shall expect letters from you with impatience.

Your friend,
J. J. CRITTENDEN.
To O. BROWN.

SOURCE: Ann Mary Butler Crittenden Coleman, Editor, The Life of John J. Crittenden: With Selections from His Correspondence and Speeches, Vol. 1, p. 367-9

Monday, July 31, 2023

Congressman Albert G. Brown’s Squatter Sovereignty Speech, February 12, 1850

SPEECH IN THE HOUSE OF REPRESENTATIVES, FEBRUARY 12, 1850,
DISSENTING FROM CERTAIN VIEWS PRESENTED TO THE SENATE BY MR. CASS.

MR. BROWN said he would occupy a very few minutes, in presenting some views which he should have presented the other day, but for the expiration of his hour.

Having already taken his position against the President's recommendation of the California constitution, and having expressed his abhorrence of the whole series of movements, which led to its adoption by the people in that country, he should not further allude to the President or Cabinet in that connection.

A new character had presented himself, as one of the champions of this new and extraordinary political movement. He alluded to General Cass, the late Democratic candidate for the Presidency. That distinguished gentleman had redeemed his pledge, and the pledge of his friends, on the subject of the Wilmot proviso. He had spoken against it. He had expressed his determination not to vote for it. With this he was satisfied; he would go further, and say, that the speech, so far as it related to the proviso, challenged his admiration and excited his gratitude. It was replete with sound views, eloquently and happily expressed. And no one could read it attentively without conceding to its author great ability. If the distinguished gentleman had closed his speech with his argument against the proviso, there would not have been a man in all the country more willing than himself to award him the highest honors. But the speech was marred by the expression of opinions, in its closing paragraphs, to which he (Mr. B.) and the southern people generally would dissent. General Cass had (if Mr. B. correctly understood him) avowed his opinion to be, that the people of the territories have the right to exclude slavery; and he was understood to sustain the action of the people in California in forming a state government. Against all these parts of the speech of General Cass, he (Mr. B.) entered his solemn protest. He felt bound to do this, because in the late presidential canvass he had, as the friend of General Cass, given a different interpretation to his views, as foreshadowed in the Nicholson letter. True, he had not done this without some misgivings, at first, of its correctness. But gentlemen nearer the person of General Cass than himself had interpreted the Nicholson letter to mean, that when the people of a territory were duly authorized to form a state constitution, they could then admit or exclude slavery at will, and whether they did the one thing or the other was not a matter to be questioned by Congress. He now conceded, as he had done in the presidential canvass, that whenever a people duly authorized to form a state constitution, have exercised this authority and asked admission into the Union, it is not properly a subject of inquiry whether their constitution admits or excludes slavery from the proposed state. But he understood General Cass as going further than this—to the extent of giving to the people of the territories the right to exclude slavery during their territorial existence, and indeed before government of any sort had been established by Congress. He understood the doctrine as advanced by General Cass to be, that the occupants of the soil where no government existed -as in New Mexico, California, Deseret, &c.—had the right to exclude slavery; and against this doctrine he raised his humble voice; and though he might stand alone, without one other southern representative to sustain him, he would protest against it to the last.

In the late presidential canvass, men of all parties had assailed this doctrine. The Whigs charged General Cass with entertaining these views, and the Democrats had vindicated him against the charge. The doctrine was universally denounced by men of all parties in the South; and now we were startled with the intelligence that General Cass and General Taylor both approve it. For himself, no earthly consideration should keep him silent on such a question. No consideration personal to himself-no party ties nor political obligations, should seal his lips, when his country was about to be betrayed and sacrificed. He had denounced this doctrine before his constituents, he now denounced it before the House. He would not consume time, and prevent other gentlemen from speaking, by going into an argument on the subject. He had felt it due to his own position--to the cause of truth and justice, to make known at the first convenient moment, that what he condemned in General Taylor he equally condemned in General Cass; and having done this, he was satisfied.

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. 177-8

Tuesday, July 25, 2023

Congressman Horace Mann, February 6, 1850

FEB 6.

I really think, if we insist upon passing the Wilmot Proviso for the Territories, that the South—a part of them — will rebel. But would pass it, rebellion or not. I consider no evil so great as that of the extension of slavery.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 288

Congressman Horace Mann to E. W. Clapp, February 6, 1850

WASHINGTON, Feb. 6, 1850.
E. W. CLAP, Esq.

MY DEAR SIR, . . . You must be entirely mistaken in your speculations. The Free-soil party, with the best principles to stand on that ever a political party had, well-nigh ruined themselves by   their injudicious conduct. But I am afraid the Whigs are behaving every whit as badly as they. Last Monday, a portion of the party gave the most insane votes that ever sane men gave. They voted down, or helped to vote down, not only the Wilmot Proviso, but the Declaration of Independence and the Ordinance of 1787. To be sure, they say they voted against these doctrines because they were brought forward by Root and Giddings for the mischievous purpose of embarrassment and party spite, and without any adequate cause. But I would not vote against such a measure if the Devil brought it forward. . . .

Yours very truly,

HORACE MANN.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 289-90

Congressman Horace Mann, March 14, 1850

March 14.

Mr. Webster has not a favorable response from any Northern man of any influence. It is hard to believe that a man who has been so intellectually consistent should at once overthrow his grand reputation; but who can tell what an ambitious or disappointed man will not do to accomplish his object? Oh, how priceless is principle! . . . The delegate of Congress from Mexico (not yet received as such, because Congress has as yet established no Territorial Government over it) tells me the New-Mexicans are very averse to slavery, and that labor is too cheap, and the danger of slaves escaping too great, for any slaveholder to meet the risk of transferring his property there; that climate and soil are not adapted to it, &c. But the opening of mines, as I have said before, would create a demand for them; and all that is said of outdoor labor in reference to the uncongeniality of the climate does not apply to menial service. Besides, though the Mexicans may be hostile to slavery, yet they are a feeble, effeminate, unprincipled race; and ten strong Southern men, with their energy and activity, with their domineering and overpowering manners, would be a full match for a hundred of the best Mexicans that could be found. There is no absolute security but in the proviso.

As soon as we had the President's message, in which he proposed non-action on the part of Congress, and that the Territories should be left to form their own institutions, I foresaw some defection from the spirit which had before governed Congress. I therefore wrote to some gentlemen in New York, advising first that they should send out a regular missionary, who should traverse all the settlements in that country, and pre-occupy the minds of the people against slavery; or at least that they should send out antislavery tracts in English and Spanish, and scatter them throughout the whole region. The first project was supposed to be too expensive; but the latter has been adopted, and an address to the inhabitants will be distributed there in both languages to every one who can read. We are determining mighty events; and the occasion, therefore, is worthy of a mighty struggle.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 293-5

Friday, July 21, 2023

Senator Lewis Cass to Senator Daniel S. Dickinson, May 1, 1850

WASHINGTON, May 1, 1850.

MY DEAR SIR—While Foote is laboring at the administration for the Lady Franklin expedition, I drop you this hasty note. We have this day had the third meeting of our committee, the second since you left us. We stand thus:—We have determined on the admission of California without change or limitation. We have determined on the establishment of territorial government without the Wilmot proviso. On the extinction of the Texas title, beginning just north of the Passo, and running thence in a course north of east to the southwestern corner of the old Indian tract, fixed by the Spanish treaty. We leave the question of price till we all meet again. King will bring in a bill for the suppression of the slave-trade in this district. We shall arrange the fugitive-slave bill to give general satisfaction, North and South.

Absentees: yourself, Berrian, Webster, and Mason. All the others present.

There is reason to fear that Mason and some four or five of the extreme Southern members will oppose, to the last, the admission of California. Should that be so, the result is doubtful. But if they go for it, all will be safe. This is about all I can tell you. I trust you will be here soon. We want you. I presume our report will be ready on Monday. I hope you have found your family all well. 

Ever your friend,
LEW. CASS.
Gov. DICKINSON.

SOURCE: John R. Dickinson, Editor, Speeches, Correspondence, Etc., of the Late Daniel S. Dickinson of New York, Vol. 2, p. 430-1

Sunday, July 16, 2023

Senator John C. Calhoun to Congressman Armistead Burt,* November 5, 1849

Fort Hill 5th Nov 1849

MY DEAR SIR, I am very desirous, on every account, to be in the same mess with Martha and yourself. I would prefer the Hill on three accounts; in consequence of a regard to my health, its contiguity to the Capitol; the bleakness of the walk up Capitol Hill in windy weather, and the liability of getting heated in walking up it with the heavy clothing necessary to guard against a Washington winter, and cooling off too suddenly on throwing off the overcoat, or cloak on reaching the Senate Chamber. In all other respects I would greatly prefer the location you suggest. I think, taking it altogether, it is the most protected and best in Washington.

If a satisfactory arrangement could be made on the Hill, and it should not put Martha to too much inconvenience, I would prefer it; but if not, I will join you in the location you suggest, or any other contiguous, rather than seperate from you and Martha.

My arrangement is to be in Charleston on the 25 or 26th and to take the Baltimore boat, which I understand will sail on the 28th, and hope to meet you there and go together. When we arrive at Washington, we can finally decide on our arrangement.

I concur in your suggestion, as to the caucus, with a modification; not to go into it with the free soilers; meaning all who will vote for the Wilmot proviso; that is, the whole, or nearly the whole of the Northern democrats. To take the ground you suggest, not to go in with those who refused to sign the address, would I fear tend too strongly to divide the South, and throw from us the Kentucky, Missouri and Tennessee delegations with two or three exceptions. All join their love to you and Martha.
_______________

* Original lent by Mr. J. Towne Robertson, Jr., of Abbeville.

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. 773-4

Monday, May 29, 2023

Congressman Amos Tuck’s Speech on the Reference of the President James K. Polk’s Message, January 19, 1848

[Delivered in the House of Representatives of the United States, January 19, 1848.]

MR. CHAIRMAN: With the convictions I entertain in regard to the importance of the questions now pending before the country, and the present critical condition of the nation, I am glad that the several attempts which have been made to stop discussion on the President's message have not yet been successful. I believe that more time may be profitably spent in examining into the policy of the Executive, the purposes which he has in view, the means by which it is proposed to accomplish those purposes, and the consequences of success. Let the designs, measures, and general policy of the Administration receive thorough examination, be laid open to the view of this House and the people, and then receive the condemnation or approval of the nation.

The gentleman from Indiana, (Mr. ROBINSON,) at the close of his defence of the President on yesterday, requested that the debate might now be closed. I consider this demand unreasonable, and especially when made by a gentleman who had said all in his power on one side, and taken up one-eighth of the whole time spent in the discussion. I will remind the gentleman, also, that though his defence was as able as any honest man deserved, yet he had entirely omitted to explain some things which we all desire to understand. I hope the debate will not close till the people are put in possession of the facts or explanations, by which the patriotism and foresight of the President can be vindicated, in granting leave to Santa Anna and his suit to pass our blockading squadron and enter Mexico. We have now been at war a long time, have spent a hundred millions of dollars, and sacrificed many thousands of our citizens, in attempting to overcome a force organized principally by this same Santa Anna, and the thirty or forty talented Mexicans who with him passed our lines by direction of the President. This is an astounding fact—too incredible to be believed had it not been confessed; and, upon those who profess to believe in the wisdom and patriotism of the Administration, we make an express demand for explanation.

The President, in a late message, accused a large portion of his fellow-citizens of "giving aid and comfort to the enemy." This accusation was greedily seized by the rivals for executive favor; and we can now hear no speech in this Hall, or elsewhere, from the war party, nor read any of their newspapers, without encountering numberless repetitions of the same charge. There is a maxim, supposed to be of universal application, that those who are most ready to impeach the motives of others, are most liable to act from corrupt motives themselves. Let the people decide where the charge of "giving aid and comfort to the enemy" rightfully belongs. I shall make no accusation against the President, but I shall remind him that his permission to Santa Anna and his suit to pass "the American lines," resembles another pass I have read about in history, given to one John Anderson, and signed by one Benedict Arnold.

It was said yesterday that the delay of this discussion gives aid and comfort to the enemy. Congress have already appropriated a million of dollars to supply the wants of the army, and can we not now take breath and deliberate? Is it required that we daily appropriate a million of the people's money, under the penalty of being accused of treason if we hesitate to yield to such exorbitant demands? I hope not. For one I am resolved, before contributing to involve the present generation in a heavy debt, and to draw a mortgage upon our posterity—before plunging into a course that will sacrifice many of our citizens, endanger our liberties, and incur fearful responsibilities before Heaven, to examine thoroughly the character of the unnatural war now raging between the two North American republics.

In submitting my views, to the extent permitted by my limited time, I shall begin by considering the remote causes of the war. I would not trouble the committee, by calling their attention to some events which are now history, and probably familiar to most of those whom I have the honor to address, did I not believe that it is important to recur to the past in order to form a correct judgment of the character of the struggle in which the nation is engaged.

The annexation of Texas to this Union was the remote cause of the Mexican war; that object was sought and accomplished by our Government, for the purpose of the protection and extension of slavery. And the same considerations and motives now constitute so material a portion of the designs of our Government in prosecuting our conquests, that without those motives the war would cease immediately.

I need not tell you, sir, that the subject of American slavery now attracts the attention of the whole country. In proceeding with my remarks, I shall be obliged to speak freely of this institution. Those who have created this necessity have no reason to complain. Southern gentlemen have thrust this matter upon us, and made it impossible to examine the causes and objects of the war, without also considering the subject of slavery. I will, however, state, that the anti-slavery spirit of the country, which now seems so terrific to many, is entirely defensive; it is an excitement created wholly by the encroachments which have been made upon freedom and the free States. So far as I understand it, it does not contemplate any thing of which the friends of constitutional liberty, and of immunities according to law, need have any apprehensions.

In laying before the Committee some proof of the motives and purposes of annexation, I seem to myself to be supporting a foregone conclusion. I cannot realize that the objects and motives which led to that measure can be a matter of doubt, when the archives of our Government contain the published announcement of those purposes, as set forth in the official negotiations preparatory to the same. But, knowing that many yet deny the designs of that measure, and believing that at the present crisis the truth should in this place be well understood, I invite your attention to a few considerations.

The old province or department of Texas was settled principally by emigrants from the United States, who went there with their slaves while Mexico was subject to Spain, and during the early days of her attempt to adopt the model of our Government. The men who achieved the Mexican independence were not insensible to the inconsistency of claiming liberty for themselves and denying it to others. In 1829, the President of that republic issued a decree abolishing slavery in all the Mexican dominions. This decree was obeyed in all the provinces except Texas, where it was set at defiance. This was the first stage of hostile relations, between the settlers in Texas (who were principally from the Southern States) and the authorities at Mexico. It was an explicit issue between freedom and slavery. There were difficulties at the seat of the central Government which delayed the contest that must eventually be decided.

In the mean time a new impulse was given to emigration from the Southern States; volunteer adventurers rallied for Texas, and the rebel "Patriots," receiving new hope, declared their independence. A conflict approached, and the battle of San Jacinto decided in favor of the Texans.

But the end was not yet; a state of war existed, and the Texans, constantly fearing an invasion by Santa Anna, and encouraged by the sympathy of a few of our own citizens, sent Gen. Hunt to this city in 1837, with a proposition of annexation. He made a written application to our Government, which was promptly considered, and as promptly answered, in accordance with the unanimous opinion of Mr. Van Buren and his cabinet. An extract from the reply of Mr. Forsyth, Secretary of State, to Gen. Hunt, dated August 25, 1837, is so explicit on interesting questions of national law, now very little regarded, and besides is in such dignified contrast to all other state papers that have issued from our Government on the subject of Texas, that I will read it to the committee; asking them, in the mean time, to consider what would have now been the happy state of his country, and our well-founded title to the respect of the world, had the policy of Mr. Forsyth not been abandoned by his successors. It is as follows:

"So long as Texas shall remain at war, while the United States are at peace with her adversary, the proposition of the Texan Minister Plenipotentiary necessarily involves the question of war with that adversary. The United States are bound to Mexico by a treaty of amity and commerce, which will be scrupulously observed on their part, so long as it can be reasonably hoped that Mexico will perform her duties and respect our rights under it. The United States might justly be suspected of a disregard of the friendly purposes of the compact, if the overture of Gen. Hunt were to be even reserved for future consideration, as this would imply a disposition on our part to espouse the quarrel of Texas with Mexico; a disposition wholly at variance with the spirit of the treaty, with the uniform policy, and the obvious welfare of the United States."

This letter, sir, was written by a Democrat who had some regard for the old landmarks of republicanism-by one who paid some attention to the forms of law, the spirit of the Constitution, the sanctity of treaties, and the opinions of the world. The warnings of Washington against intervention—the opinion of Jefferson, that the Constitution had made no provision for incorporating a foreign nation into the Union—had not then been forgotten. Such was the doctrine of the Van Buren democracy, approved by the unanimous voice of the country. It was the doctrine of the Democracy till the date of the Baltimore Convention, when it was reversed, and the whole party made to turn about; not only without reason, but against reason; against the deepest convictions of the conscience and understanding of the whole party. If the time shall ever come when common sense, common law, or common honesty, shall direct the authorities of this nation, this doctrine will again be recognised and practised; and the annexation of Texas, as perpetrated by the united energies of John Tyler and James K. Polk, will be acknowledged to have been in violation of our "treaty of amity and commerce," an espousal of the quarrel of Texas, and an act of war against Mexico.

What were the pressing objects of national interest, not to say necessity, which could force our democratic Government to abandon its integrity, after this public confession of our relations and duties, to a distracted sister republic? What motives have led us to a line of policy that humbles every American heart, robs of national pride every intelligent citizen, and threatens, with imminent danger, our most sacred privileges? The answer is found in the archives of this Capitol, and may be read by all. It was not to "extend the area of freedom," but to enlarge the borders of slavery; it was to build up and establish—to render permanent and perpetual an institution repugnant alike to every principle of freedom, every sentiment of republicanism, every feeling of humanity—an institution which casts a dark shade over our country's history, and which, if cherished, will ultimately number us with the republics which are now no more.

When John Tyler had made the treaty of annexation in 1844, and laid the same before the Senate for approval, that body called upon him to produce the correspondence in regard to that measure, showing the motives which had induced him to enter into it. The information was given under an injunction of secrecy, afterwards removed, and is contained in Senate document No. 341, of the first session of the 28th Congress. In that document is contained an explicit, unequivocal, and often repeated declaration of the only objects of our Government designed to be accomplished by the treaty. These reasons, stated by those who were authorized to speak for the nation, are now of record; and, without any contradictory proof whatever, announce to the world, and will announce to posterity, the true motives which led the United States to that disastrous act. I will give a few extracts, as specimens of the whole correspondence; averring to the committee that the character is the same throughout, and that the one object of continuing and extending slavery in Texas, and protecting it in the United States, is boldly avowed, and made the foundation of every step in the progress of the negotiation. The letter which first announces the incipient scheme, and spreads out the apprehensions of the Tyler Cabinet, on account of the prospects in Texas, was written by Mr. Upshur, Secretary of State under Mr. Tyler, to Mr. Murphy, our chargé at Texas, and bears date August 8th, 1843. The letter is long, and the Secretary begins by informing Mr. Murphy that a plan for the abolition of slavery in Texas had been made known to this Government; that it was understood the same was to be accomplished by the purchase of all the slaves; and that a company in England were to furnish a portion or the whole of the necessary funds. After urging Mr. Murphy to inquire immediately into the designs of Texas in regard to slavery, and its prospects in that country, he recurs to the rumored plan of abolition, and says:

“A movement of this sort cannot be contemplated by us in silence.”

Again, he says:

“It cannot be permitted to succeed, without the most strenuous efforts on our part to arrest a calamity so serious to every part of the country.”

Becoming more particular in stating the causes of alarm, and in order to impress more deeply the importance of the subject, he further says:

“The establishment, in the very midst of our slaveholding States, of an independent government, forbidding the existence of slavery, and by a people born, for the most part, among us, reared up in our habits, and speaking our language, could not fail to produce the most unhappy effects upon both parties. If Texas were in that condition, her territory would afford a ready refuge for the fugitive slaves of Louisiana and Arkansas, and would hold out to them an encouragement to run away, which no municipal regulations of those States could possibly counteract.”

The whole letter is of the same character with the parts I have read, and I will not trouble the committee with reading any more of it. The communication had the desired effect upon the gentleman to whom it was directed, and immediately aroused all the energy of his peculiar patriotism. He adopts all Mr. Upshur's opinions, entertains all his anxieties, and promptly replies under date of Sept. 25th, 1843. He compliments the talent of the Secretary, after the manner of a politician, when writing to his superior in office, and speaking of the designs of England says:

“England is anxious to get rid of the constitution of Texas, because it secures in the most nervous and clear language the rights of the master to his slave, and it also prohibits the introduction of slaves into Texas from any other nation or quarter than the United States."

Again:

"The constitution of Texas secures to the master the perpetual right to his slave, and prohibits the introduction of slaves into Texas from any other quarter than the United States.”

Again:

"If the United States preserves and secures to Texas the possession of her constitution and present form of Government, then we have gained all that we can desire, and also all that Texas asks or wishes."

Again:

“Seeing that this surrender of sovereignty by Texas to Mexico at once liberates all the slaves in Texas, and that England thereby gains all she wants, and more than she ever expected, can the Government of the United States longer doubt what to do?"

Three days after, he again writes to Mr. Upshur, and, echoing the sentiments of the latter, remarks:

"The States in which slavery exists would have good reason to apprehend the worst consequences from the establishment of a foreign non-slaveholding State upon their immediate borders."

Telling the Secretary of "the eloquent manner in which he has pourtrayed those evils," his zeal overflows in the following language:

"I feel a whirlwind of emotion in my bosom which I will not attempt to describe. Let the Government of the United States take some immediate quick step on this subject. You have in this correspondence enough to justify immediate and prompt action.

 

"Pardon me if I am solicitous on this subject. I feel the deep interest at stake. Our whole Southern interests are involved in this negotiation, and with it the interests of the Union itself. The great blow to our civil institutions is to be struck here, and it will be a fatal blow if not timely arrested."

This pretence of enthusiasm, exhibited in the cause of slavery by an obscure pensioner on the Tyler administration, should have been treated with contempt; and his impudent recommendation to our Government to "take some immediate quick step," ought to have received a severe rebuke. Instead of this, we find the whole cabinet caught the contagion, and exerted the whole power of their station and patronage to second the views of this obscure adventurer, residing in Texas. In a subsequent letter, Mr. Murphy writes to the Government on the subject of annexation, and says, that without it "slavery cannot exist ten years in Texas, and probably not half that time." There is any amount of similar proof in the book I hold in my hand, and I might take up all my time in reading the evidence at length. But I need not do this; I have before me democratic proof that the objects of the "Texan iniquity” were not only such as I have represented them to be, but that those objects were understood, exposed, and condemned by the Democratic party in the Northern States, up to the time of the Baltimore Convention.

I ask the self-complacent Democracy, who are so free with their charges of treason, and Mexican federalism, to listen to the following passages from the three newspapers in New Hampshire, which are the mouth-pieces of the unchangeable Democracy, and which are now the pillars of support in the Granite State, to this slavery propagating administration.

The Nashua Gazette, of date Nov. 16th, 1843, contains the following editorial:

"The evils that will be entailed upon the North by the admission of Texas into the Union are incalculable, great, vast—beyond all human calculation.

 

"The object and design throughout is black as ink—as bitter as hell. No other reason on earth can be assigned for this southern movement than a determination to perpetuate that accursed institution, which, as a matter of compromise, was acceded to by the North at the time of the adoption of the Articles of Confederation. If the South persist in forcing Texas upon us, the result is evident to all. The consequences are multifarious, to say nothing of their ruin. May Providence avert this calamity, and save our Republic from disunion, misery, and destruction."

The Portsmouth (N. H.) Mercury, in the fall of 1843, says:

"It is a matter of deep regret that our Southern friends intend to agitate, in the next Congress, the question of the annexation of Texas to our Union. It is understood that this is a favorite project with Mr. Calhoun. But as its accomplishment might prove fatal to our free institutions, it will be a solemn duty of the Northern Democracy to oppose it."

The New Hampshire Patriot, May, 1844, has the following:

"Slavery and the defence of slavery form the controlling considerations urged in favor of the treaty [of annexation] by those who have been engaged in its negotiation. To these doctrines we can never subscribe, and whenever they are offensively urged upon the free States, they deserve to be pointedly rebuked."

I lay the above extracts before the Southern branch of the Democracy, hoping that they will understand the true character of their Northern allies. The same men who, uttered the above sentiments as matters of principle from which they could never swerve, in less than three months denied, utterly reprobated, the faith they had professed; and have ever since employed their time in abusing the men who would not sacrifice their principles at the same time. The Democratic leaders of New Hampshire at the present time are the men who have made this somerset in their confession of faith; who cry out "moral cowards," "enemies of their country," and "Mexican Federalists," while they know in their hearts that they are the most arrant moral cowards alive, and that there is no principle in any creed which they would not sacrifice for a reward. They have been called Northern men with Southern principles, but this is an imputation on the South to which I will not subscribe. They are Northern men with no principles at all. Had they been men of Southern principles, or of any principle whatever, they would not have made such an humiliating exhibition. I will not say that these men would not rather be right than wrong; indeed I think they would have chosen to follow the Van Buren democracy, which they expected would prevail. But the virtue which they possess is not at all adapted to a state of temptation. When the Baltimore Convention sacrificed Mr. Van Buren, and adopted an unknown candidate, and a new creed of faith; and when Mr. Ritchie published the significant fact that "they who did not go for annexation need expect nothing from the new administration," the trial was too strong for them. They hailed the new nomination as "the very best that could be made;" and, in respect to Texas, fulfilled to the letter the prophecy of the eccentric statesman of Roanoke, when, in 1820, he addressed just such a class of men on the floor of this House.

Turning to the representatives who had betrayed the North in the Missouri compromise, Mr. Randolph, pointing to each one separately, said, "you Northern dough-faces! we have bought you once, and when we want you we will buy you again, dog-cheap."

But, sir, I am happy to say that this class of politicians is small in the North, and is daily becoming less. The people, though confiding too long in their leaders, are beginning to understand them, and cast them off. The people may be deceived, but cannot be corrupted.

I will now call the attention of the committee to a new and most important construction of the Constitution, which was first announced in this Texan correspondence, and which may well challenge the attention of the country, both at the North and South. We have seen the purpose for which annexation was sought, and at the first view we are surprised at the official conduct of those who figured in the scheme, and, on examining the correspondence, we discover occasion for serious alarm. We see a construction of the national compact, which declares it to be the function and solemn duty of the General Government to protect and support the institution of slavery.

In the same letter, last quoted from Mr. Upshur, he says:

“Although those non-slaveholding States are as much opposed to the institution, [slavery] as England herself, yet the Constitution of the United States lays them under obligations in regard to it which, if duly respected, would secure the rights of the slaveholder."

Mr. Calhoun, as Secretary of State, takes the same ground. In a letter to Mr. Packenham, dated April 18, 1844, he vindicates the Texan treaty, and, after giving his views of the effect upon the United States of abolishing slavery in Texas, says, in reference to this last object:

"It is felt to be the imperious duty of the Federal Government, the common representative and protector of the States of this Union, to adopt in self-defence the most effectual measures to defeat it,"

Now, sir, before this Government makes any further progress, before we take one more step in our onward march, the people of the United States demand to know if this construction of our national compact is well founded? This point must be settled. It has heretofore been proclaimed by legislative resolutions, reaffirmed by numerous public meetings at the South, that the General Government had nothing to do with slavery. But annexation has destroyed old landmarks, reversed old principles, and introduced a new policy and a new code of morals into the country, which we are anxious to understand. If we live under a Constitution that compels us to support and defend slavery, we want to know it, and we want to know it now. We are at a crisis in the Government when it is important to understand our rights, and also to understand our duties. For, let me inform gentlemen, that this new doctrine will bring with it responsibilities and solemn duties, as well as heavy and disagreeable burdens. If the General Government have a jurisdiction over the subject of slavery to support and defend it, they have also a jurisdiction and a duty to limit, control, and restrain it. Let gentlemen consider the course they are taking, and understand the consequences of this new doctrine. If they take a construction liberal for the purposes of slavery, they must take one liberal also for the purpose of liberty; but they can not have a construction free as regards slavery, but strict as regards liberty.

We discard this novel construction, and pronounce it an infraction and an outrage upon the rights of the free States. The Constitution neither requires nor authorizes the General Government to wield its powers in defence of slavery. Such a representation of the nature of the compact between the States of this Union, made by our Secretary of State to the representative of the English nation, was a slander upon our country, and an indignity upon the memory of our fathers. Their lives, characters, and circumstances, as well as the letter and spirit of the Constitution, prove that they formed no agreement to sustain oppression. When they assembled to form a Constitution, those from the North came with undisguised abhorrence of slavery, which their habits, principles, and religious education taught them to be morally wrong. They were not the men to compromise their principles by involving themselves in guilt. They were crowned with laurels from the revolutionary conflict, and had just written with their blood the truth, that "all men are born free and equal;" and that "the right to life, liberty, and the pursuit of happiness," is "inalienable." They had no belief that the natural rights of a colored man were different from those of the white man: their sentiment was—

"We know no crime in color'd skin,

Nor think the God above

Could fix the brand of slave upon

The children of his love."

Such was the sentiment of the men of the North, who had periled their lives, their fortunes, and their sacred honor, in defence of the principles of universal liberty, and of the doctrine that liberty is the gift of God, and not of any government or potentate. With such sentiments they went to the work of forming a constitution. They believed that when the child first breathed, he was furnished with a charter from God, which secured to him life, liberty, and the pursuit of happiness. This sentiment had been their inspiring faith during every stage of the Revolution, and it never entered into their hearts to sacrifice it for any earthly consideration whatever.

The South had also fought bravely in defence of the same declaration of rights. A disinterested patriotism, a self-sacrificing devotion, had characterized her statesmen and her heroes, and endeared them to the whole country. But they were connnected with slavery, unfortunately thought it necessary to their prosperity, and wished to have the institution preserved to them under the national compact. With the difficulties and dangers attending this difference of opinion the convention labored for many days without any progress. At length, however, it was arranged to the acquiescence of both parties. It was agreed to leave the subject just where it remained under the confederation, that is, with the States where it existed. To make this still plainer, article tenth of the amendments was adopted, by which it was declared that the powers not expressly delegated were "reserved to the States respectively, or to the people." Such was the foundation on which the compact was based; and, in the first sentence, it is by them most appropriately declared, that "we ordain and establish this Constitution to secure the blessings of liberty."

This doctrine has been held by the Supreme Court, in sundry cases settling the point, that slavery is an institution sustained only by the positive law of the district where it exists; that beyond those limits the law which makes one man the property of another has no prescriptive, inferential, or other existence; that the alleged slave, having passed into a free State, may rightfully defend himself; and if he have the physical force to resist his masters, may maintain his freedom there, or go to a place of refuge. It cannot be denied, sir, that the people of the free States hold the blessings of personal liberty as sacredly as the Southern States do the privileges of slavery. The construction of the Constitution promulgated by the authors of the Texan plot, and acted upon by this Administration, is abominable, and must be repudiated. The encroachments upon our rights from the early days of the Goverment have been quite insupportable, but by this new construction all past trespasses are legalized, and it is henceforth proclaimed "a solemn duty" of the General Government to sustain slavery! Sir, this will never be tolerated The free States delegated no more power to the Federal Government to involve them in slavery, than the slave States did to involve them in its abolition. If Virginia claims the right to sustain slavery, New Hampshire claims the right to be exempt from it. The people of the free States claim, a right to be exempt from the sin, the shame, the expenses, and the retributions of this fearful wrong. To shed one drop of our blood, or to pay one cent of our money, for its aid, comfort, protection, or support, is an exaction to which we never can submit. This exemption is our legal, constitutional right, and being sustained by the literature, the moral sentiment, and the religious convictions of every civilized and christian nation, we shall not recede. We shall stand firm and immovable—

“——— constant as the Northern Star,

Of whose true, fixed, and resting quality

There is no fellow in the firmament.”

We say to the South, take to yourselves the full measure of good and evil. connected with this subject. We can have nothing to do with it; we can neither touch nor handle, cherish nor protect it. We leave it where our fathers left it; and though we regard it as the sum of all evils, we shall yet overstep no law in our desire to see it exterminated.

“We ask not ye shall snap the links

That bind you to your dreadful slaves;

Hug, if you will, a corpse that stinks,

And bear it with you to your graves:

But that you may go, coupled thus,

You never shall make slaves of us.”

Are gentlemen surprised at the anti-slavery excitement in this country? If there were no excitement, it would be proof that the spirit of liberty is dead. There not only is excitement, but that excitement will continue and increase, till the free States, under the guaranties of the Constitution, can enjoy exemption from slavery. I cannot promise quiet to the slave States even then; never, till they get rid of their peculiar institution, which is derogatory to man, and in violation of the laws of God. The compensations of Providence are inevitable, and the South cannot escape reaping the fruits of their institutions.

I have said that the anti-slavery spirit of the country is wholly defensive. This assertion cannot be doubted by any who are acquainted with the history of our Government, and particularly if the history, purposes, and consequences of the annexation of Texas be at all considered.

It has been represented by the public press, and in numerous speeches made in Congress, and elsewhere, that the distracting element in the Republic is the fanatical spirit of Northern and Western abolitionists. Most especially have they been made to bear the blame of introducing fanaticism and disunion into the halls of Congress, of disturbing the compromises of the Constitution, and by petitions, remonstrances, and memorials, endangering the perpetuity of our free institutions.

But, sir, no greater error, no more unfounded belief, could be impressed on the public mind. I grant that it is fanaticism that disturbs the harmony of the Government, and has shaken the whole fabric from centre to circumference; but then it is the fanaticism of the propagandists of slavery, the one idea-ism of those men who believe it to be their mission on earth to propagate bondage.

This is the element which has disturbed the nation, discarded well settled principles of policy and law, violated treaties, provoked the indignation of civilized nations, robbed us of our national pride, broken down the Constitution, and involved us in an aggressive, unnecessary, and wicked war. This is the fanaticism which has thrust upon the nation delicate and exciting questions, and demanded of the people to embrace, to honor, and support the peculiar institution. Had Northern men with Northern principles entered the slave States with banners, and proclaimed liberty to the captive and freedom to the bound, they would not have more palpably violated the compromises of the Constitution, than has the slave spirit perpetrated in every period of our history. Let the millions paid by free people to support and extend slavery, to recover runaway slaves, to prevent emancipation, to carry on pro-slavery wars, rebuke the charge and brand with falsehood the assertion that abolitionism, or any thing but the fell spirit of slavery, has introduced discord and danger into the councils of the nation. Let us expose this hypocritical cry against agitation and fanaticism by men who, by their annexations, wars, conquests, and aggressions, are picking our pockets, gagging our mouths, and at the same time raising a hue and cry against us, because we will not stand still and quietly be robbed.

I come now to consider the immediate cause of the war, which was the order of the President to march our army from Corpus Christi, and occupy the country up to the east bank of the Rio Grande, and to inquire whether that order was necessary or justifiable. The supporters of the President say that the Rio Grande was the western boundary of Texas, and therefore we had a right to take possession up to that line. I deny both the premises and the conclusion of this answer. That river was not the boundary of Texas, and if it had been we had no right forcibly to occupy that line, while Mexico was in possession of a portion of the territory claiming it as her own. If, as has been said, Texas were an independent nation at the time of annexation, her territory and her boundaries were limited by her actual possession. She had no title but that of the sword, and gained from Mexico only what she had forcibly seized and held. All the country which was occupied by Texan citizens, and all that from which the Mexicans had been expelled, might be claimed as having been gained by the revolution; but any new conquests or acquisitions could not be vindicated, except by treaty, or by new hostilities, and another war. Had, then, the Texans seized the country to the Rio Grande? There is no pretence of it. The great desert lying between the valley of that river and the valley of the Nueces had never been crossed by Texans. Brazos Santiago, and Santa Fe, lie between these rivers, and in the territory seized by our army. At both of these cities Mexico had custom-houses, where our merchants had for years paid duties to the Mexican government. And we had at the same time a consul, with a commission under the sign manual of the President of the United States, residing at Santa Fe, in an acknowledged foreign country. At the session of Congress at which annexation was effected, a law was passed in regard to drawbacks, in which Santa Fe is expressly named as a city belonging to the Mexican Republic. The inhabitants all spoke the Mexican language, and, according to General Taylor's account, abandoned their houses on the approach of our army. No Texan forces, or Texan inhabitants, had occupied any land within a hundred miles of Matamoras. In one of the despatches of the President to General Taylor, prior to hostilities, he says:

"Mexico has some military establishments on the east side of the Rio Grande, which are, and for some time have been, in the actual occupancy of her troops."

With this evidence, and these admissions, I say that the Rio Grande was not the western boundary of Texas; and if the President understood his own acts, he himself knew that such was not the boundary.

But, supposing our title by annexation to have been good to the Rio Grande, yet, as the Mexicans claimed the valley of that river, and were in possession of it, the President could not expel them from the disputed territory without committing an act of war. The recollections of Oregon, and the northeastern boundary, are too fresh to allow this law to be questioned, unless one rule is to be applied to England and another to Mexico.

I confidently assert, then, that the allegation of the President that "Mexico has passed the boundary of the United States, has invaded our territory, and shed American blood on American soil, "is untrue; and that the preamble to an act of the last Congress, which states that "war exists by the act of Mexico," is justly denominated "the lying preamble."

The President ordered our army to take forcible possession of territory which, if not Mexican, was in dispute, and in the occupancy of Mexican subjects. This was an act of war.

He caused our army, before hostilities commenced, to blockade the mouth of the Rio Grande, through which the Mexican forces at Matamoras received their supplies, and thus commenced starving their army while stationed on their own ground. This was an act of war.

Weeks before hostilities commenced, he caused a battery to be built on this side of the river, opposite to Matamoras, supplied it with cannon pointing into the heart of the city, and manned it with a force capable at any moment of hurling destruction upon the Mexicans. This was an act of war.

Finally, he consummated war by measures which led to an attack by Capt. Thornton, an officer of our army, upon a party of Mexicans who resisted, and sixteen men were killed and wounded. This was the first blood that was spilt, and was war by the act of the President of the United States.

To such conclusions am I inevitably brought by examining this subject. I am forced, also, to observe that the order of the President which involved these disastrous consequences was made while Congress was in session, to which body the Constitution gives the war-making power. The barriers of the Constitution have availed nothing for the purposes of peace or freedom, since the blood-thirsty appetite for conquest and slavery propagation seized upon the nation.

Entertaining the views I have expressed of the immediate causes of the war, I lately voted for the amendment offered to a resolution by the gentleman from Massachusetts, (Mr. ASHMUN,) stating that the war was "unnecessarily and unconstitutionally commenced by the President." This has been taken up in the newspapers and pronounced to be "treasonable." I, then, have sinned deeply, for I confess and aver that I never gave a vote more cordially, and have seldom enjoyed more satisfaction than in the success of that amendment, and the indication which it wafted on the wings of the wind to my constituents and the country. In common with millions of patriotic citizens, I thank the gentleman for that timely amendment. It was most appropriately offered by one of the "immortal fourteen," who refused to vote in the 29th Congress for "the lying preamble.”

This is not only an "unnecessary and unconstitutional" war, in its commencement, and therefore wicked, but the controlling motives of its present prosecution are identical with those which led to annexation. This is proved by the fact that, when the Wilmot Proviso, in the last Congress, was attached to a bill of supplies, the personal advisers of the President immediately exerted all their influence to defeat the bill. Why was this the case, unless there was a determination to make slavery co-extensive with our southwestern border? This is apparent, also, from a clause in a late letter from the Chairman of Military Affairs of the Senate, (Gov. CASS,) which he has published in order to show his recantation of faith in the Wilmot Proviso.

The third reason he gives for abandoning the provision that slavery be prohibited in any territory to be acquired from Mexico, is in the following language:

"3. Because I believe in the general conviction, that should such proposition succeed, it would lead to an immediate withholding of the supplies, and thus to a dishonorable termination of the war. I think no dispassionate observer at the seat of Government can doubt this result."

I ask why such a proposition would result in "withholding supplies," unless those supplies are wanted for the purpose, chiefly, of acquiring new slave territory? Gentlemen may affect to scorn the idea that slavery can make progress into Mexico. But, sir, the design of the war is to get as much of that country as possible, and then to admit it by States into the Union as fast as slavery obtains over it a predominant influence. However much or little be obtained, mark the fact, no part of it will ever be admitted, unless with a constitution recognising slavery.

This is a war conceived in sin, and brought forth in iniquity; and, in its objects and progress, is more characteristic of the 19th century before, than the 19th century after Christ. The people are heart-sick of it, and demand that it cease. They see that we have abandoned the mission on which our nation gloriously embarked; and, forgetting the political precepts of our fathers, and the moral admonitions of our holy religion, we are precipitating a sorrowful failure of the great republican experiment.

I regret that my time will not allow me to examine the array of fearful apprehensions that our circumstances unavoidably bring before me. Look at the plains of Mexico, covered with the slain thousands of our own citizens, and the slain tens of thousands of our sister republic—look at the multitudes in mourning throughout the land-and tell me, whether we are not treasuring up for ourselves "wrath against the day of wrath!" There are other evils besides sacrifice of life. War reverses the order of society; it raises those who should be low, and depresses those who should be high; it exalts without merit, and casts down without fault. Military renown has been the affliction of the nation for 25 years. Hero worship has been the order of the day, and opinions have had less currency on account of their correctness, than on account of their origin. The multiplication of slaves, the multiplication of military heroes, (scarcely less calamitous,) a standing army, a Mexican pro-consulate, an intolerable executive patronage, (now almost too much for liberty,) and the eventual dissolution of our present Government, with the inevitable retributions of Him who rules in Heaven and on earth, are seen in the distance. Let us pause before it is too late.

I avow my position in regard to supplies, which is, to grant them only for the purpose of bringing the army home by the shortest route. Being found in a wrong, let us restore the nation status ante bellum. We have spoken our sentiments about the necessity of the war, let us not take a course which will oblige us to say it too;

"We know the right, and we approve

We know the wrong, and yet the wrong pursue.”

Let the same vote that declared the war unnecessary and unconstitutional, starve it to death by withholding supplies.

On the subject of the acquisition of territory, it is my belief that, whatever we may acquire, will not make us any the richer, more powerful, or happy, And, I understand, that what we now have south of 36° 30’, produces more annual cost than revenue to the Government. But, as those who talk about our "destiny" are determined to have territory, I go by all means for the re-enactment of the ordinance of 1787; otherwise, for the Wilmot Proviso.

I know what denunciations are hurled against those who express the sentiments I have avowed. But I cannot regard them; my convictions are deep, and my course is plain. I trust I shall never betray myself, or my country, by giving "aid and comfort" to a war which I believe is wrong, dishonorable, and dangerous. Burke, Barre, and Chatham stood by their country in the time of our revolution, and gave advice, remonstrance, and solemn warning, which, if followed, would have saved to England her colonies. In the belief that even the humblest member of this House has the opportunity to imitate their glorious example, I shall denounce the Mexican war, expose the reckless ambition of its authors, and, to the extent of my ability, warn the people against its consequences. If this be treason, my revilers may make the most of it.

SOURCE: Amos Tuck, Speech of Mr. Tuck, of New Hampshire, on the Reference of the President's Message, Delivered in the House of Representatives of the U S., January 19, 1848. p. 3-15

Sunday, May 28, 2023

Congressman Albert G. Brown’s Speech in the House of Representatives, on Slavery, and on the action of the Administration in relation to California and New Mexico, January 30, 1850

GENTLEMEN say they deprecate discussion on the subject of slavery. My judgment approves it. We have gone too far to recede without an adjustment of our difficulties. Better far that this agitation should never have commenced. But when wrong has been perpetrated on one side and resented on the other, an adjustment in some form is indispensable. It is better so than to leave the thorn of discord thus planted, to rankle and fester, and finally to produce a never-healing sore. We need attempt no such useless task as that of disguising from ourselves, our constituents, and in truth the world at large, that ill blood has been engendered, that we are losing our mutual attachment, that we are daily becoming more and more estranged, that the fibres of the great cord which unites us as one people are giving way, and that we are fast verging to ultimate and final disruption. I hold no communion with the spurious patriotism which closes its eyes to the dangers which visit us, and with a loud voice, sing hosannas to the Union; such patriotism will not save the Union, it is destructive of the Union. Open wide your eyes and look these dangers full in the face, and with strong arms and stout hearts assault them, vanquish them, and on the field of your triumph erect an altar sacred to the cause of liberty, and on that altar offer as a willing sacrifice this accursed demon of discord. Do this, and we are safe; refuse, and these dangers will thicken, these misty elements will grow darker and blacker as days roll on. The storm which now lingers will burst, and the genius of dissolution will preside where the Union now is.

I am for discussion, for an interchange of sentiments. Let there be no wrangling about small grievances, but with an elevated patriotism—a patriotism high as our noble mountains, and broad as the Union itself—let us come to the consideration of the difficulties and dangers which beset us.

In all matters of dispute it is important to consider who committed the first wrong; until this is done, no satisfactory basis of an adjustment can be established.

The Union is divided in sentiment upon a great question, by a geographical line. The North is opposed to slavery, and the South is in favor of it. The North is for abolishing it, the South is for maintaining it. The North is for confining it within it in its present limits, where they fancy it will languish, and languishing, will die. The South is for leaving it unrestrained to go wherever (within our limits) it may be invited by soil, climate, and population. These issues and their necessary incidents have brought the two ends of the Union into their present perilous position—a position from which one or the other must recede, or a conflict, dangerous to liberty and fatal to the Union, will certainly ensue.

Who is at fault, or rather who was first in fault in this fraternal quarrel? We were the owners of slaves; we bought them from your fathers. We never sought to make slaveholders of you, nor to force slavery upon you. When you emancipated the remnant of your slaves, we did not interpose. Content to enjoy the fruits of our industry at home, within our own limits, we never sought to intrude upon your domestic quiet. Not so with you. For twenty years or more, you have not ceased to disturb our peace. We have appealed in vain to your forbearance. Not only have you disregarded these appeals, but every appeal has been followed by some new act of outrage and aggression. We have in vain pointed to our domicils, and begged that you would respect the feelings of their inmates. You have threatened them with conflagration. When we have pointed to our wives and our sleeping infants, and in their names besought your forbearance, you have spurned our entreaties and mocked the fears of these sacred pledges of our love. Long years of outrage upon our feelings and disregard of our rights have awakened in every southern heart a feeling of stern resistance. Think what you will, say what you will, perpetrate again and again if you will, these acts of lawless tyranny; the day and the hour is at hand when every southern son will rise in rebellion, when every tongue will say, Give us justice or give us death.

I repeat, we have never sought to disturb your quiet. We have forborne to retaliate your wrongs. Content to await a returning sense of justice, we have submitted. That sense of justice, we fear, never will return, and submission is no longer a virtue. We owe it to you, to ourselves, to our common country, to the friends of freedom throughout the world, to warn you that we intend to submit no longer.

Gentlemen tell us they do not believe the South is in earnest. They believe we will still submit. Let me warn them to put away that delusion. It is fatal to the cause of peace. If the North embrace it the Union is gone. It is treason to encourage a hope of submission. Tell the truth, speak out boldly, go home and tell your people the issue is made up; they must now choose between non-interference with southern rights on the one side, and a dissolution of the Union on the other. Tell them the South asks nothing from their bounty, but only asks their forbearance.

The specious arguments by which you cover up your unauthorized attempts to drive us from the territories may deceive the unwary, but an enlightened public sentiment will not fail to detect its fallacy, and posterity will award you the credit of destroying the Union in a lawless effort to seize the spoils of a victory won by other hearts and hands than yours. Territory now free must remain free, say you. Who gave you the right to speak thus oracularly? Is this an acquisition of your own, or is it a thing obtained by the joint effort of us all? I have been told that the United States acquired the territory from Mexico, and that the Congress, speaking for the United States, must dispose of it. Technically speaking, the United States did make the acquisition; but what is the United States? a mere agent for the states, holding for them certain political powers in trust, to be exercised for their mutual benefit, and among these is the power to declare war and make peace. In the exercise of these powers the territory was acquired, and for whom? Not certainly for the agent, but for the principal. Not for the United States, but the states.

Who fought the battles, who won the victories which resulted in the acquisition? The people of the United States? Certainly not. There is no such thing as the people of the United States. They can perform no act—have in fact no political existence. Do the people of the United States elect this Congress? No; we are elected by states—most of us by districts in states. The states elect senators, and the President is himself elected by state electoral colleges, and not by the people of the United States. There is no such political body as the people of the United States; they can do nothing, have done nothing, have in fact no existence. When the war with Mexico began, on whom did the President call? Not, certainly, on the people of the United States, but on the people of the states by states, and by states they responded, by states they made their contributions to the grand army; and whatever was acquired, was of necessity acquired for the states, each having an equal interest; and the United States, as agent, trustee, or general repository of the common fund, is bound to do equal and exact justice to all the parties interested.

The army was created and supported by thirty sovereignties allied together. These sovereignties acted through a common head for the common defence and general welfare of all. But it does not follow that such head may rightfully appropriate the award of the conflict to fifteen of the allies, leaving nothing to the remaining fifteen. Sovereigns are equal; there is no such thing as great or small sovereigns, or, to speak more correctly, sovereigns of great and small degree. They are equals, except when by conventional agreement that equality is destroyed. No such agreement has been made between the sovereigns composing our confederacy. Hence, Delaware is equal to New York, and the fifteen southern states are equal to the fifteen northern states. It follows that the fifteen sovereignties of the North cannot exclude the fifteen sovereignties of the South from an equal participation in, and control over, the joint acquisition or property of all. Nor can the common agent, the United States, hearken to the voice of the fifteen northern in preference to those of the fifteen southern allies. So long as one of the sovereigns in alliance protests against a common disposition of what belongs to all and to each one in an equal degree, no disposition can be rightfully made. The strong may take by force from the weak, but in such case power gives the right. The North may take from the South in this way, unless perchance it should turn out in the course of the conflict that the South is the stronger party, in which case it would be our right to take from you.

Without pursuing this course of reasoning, unprofitable as I feel it must be, I come at once to the conclusion, that we of Mississippi have the same right to go into the territories with our slave property as you of New York have to go there with your personal estate of whatever kind. And if you deny us this right, we will resist your authority, and to the last extremity. You affect to think us not in earnest in this declaration. Look at the attitude of the South; hear her voice as it comes up from her bench, her bar, her legislative halls, and, above all, from her people. Sir, there is not a hamlet in the South from which you will not hear the voice of stern resistance to your lawless mandate. Our men will write it on their shields, our women will teach little children to lisp it with their earliest breath. I invoke your forbearance on this question. Ask yourselves if it is right to exasperate eight millions of people upon an abstraction; a matter to us of substance and of life, but to you the merest shadow of an abstraction. Is it likely, let me ask, that the Union can survive the shock which must ensue if you drive eight millions of people to madness and desperation? Look, sir, to the position of Virginia, Georgia, Alabama, Mississippi, and the glorious old state of South Carolina; listen to the warning voice of these, and all the Southern States, as they come to us upon every breeze that sweeps from the South, and tell me if we are not sporting above a volcano. Oh! gentlemen, pause, I beseech you, in this mad career. The South cannot, will not, DARE not submit to your demand. The consequences to her are terrible beyond description; to you forbearance would be a virtue—virtue adorned with love, truth, justice, and patriotism. To some men I can make no appeal. I appeal not to the gentleman from Ohio. He, like Peter the Hermit, feels himself under some religious obligation to lead on this crusade. I make no appeal to the putative father of the Wilmot proviso; like Ephraim, he is joined to his idols—I will let him alone. But to sound men, to patriotic and just men, I do make a solemn appeal that they array themselves on the side of the Constitution, and save the Union. When the fatal step is taken it will be too late to repent the folly of this hour. When the deed is done, and the fatal consequences have fallen upon us, it will be vain, idle, worse than folly to deprecate the evil councils which now prevail. Now, now is the time for good men to do their duty. 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 better world.

You think that slavery is a great evil. Very well, think so; but keep your thoughts to yourselves. If it be an evil, it is our evil; if it be a curse, it is our curse. We are not seeking to force it upon you; we intend to keep it ourselves. If you do not wish to come in contact with this crying evil, stay where you are, it will never pursue you.

For myself, I regard slavery as a great moral, social, political, and religious blessing—a blessing to the slave, and a blessing to the master. This is my opinion. I do not seek to propagate it. It does not concern me whether you think so or not. I have seen more of slavery than you, know more about it; and my opinions are, I think, worth more than yours. Slavery, African slavery, was, as I religiously believe, planted in this country through the providence of God; and he, in his own good time, will take it away. Civilization dawned in Africa. The Christian religion was preached to the African race before its votaries carried it to other lands. Africa had the glad tidings of the Saviour long before his divine mission was revealed to us. And where is she now? Centuries have passed away, and all traces of Christianity, every vestige of civilization, have departed from that degraded and benighted land—a race of cannibals, roasting, eating men as we do swine and cattle. Resisting with fire and sword all efforts of Christian ministers to lift them from the deep degradation, they perseveringly worship idols and graven images, and run continually after false gods. Look at the condition of this people, and contrast it with the worst condition of the same race in this country, and tell me if the eye of fancy, in its utmost stretch, can measure the elevation at which the Southern slave stands above the African in his native jungle? And yet philanthropy, double distilled, extra refined philanthropy, bewails in piteous accents the fallen condition of the poor slave. The negro race in the South have been civilized; many of them evangelized. Some are pure Christians; all have been improved in their moral, social, and religious condition. And who shall undertake to say it was not within the providence of their Creator to transplant them to our soil for wise, beneficent, and holy purposes?

It is no part of my purpose to discuss this proposition. The subject, in this view of it, belongs rather to the pulpit than to the halls of legislation.

It may seem to those not familiar with the state of public sentiment North and South, and the dangerous issues to which it is conducting us, out of time and out of place for us to discuss the value of the Union. I am not afraid of the consequences of such a discussion. It is a discussion not to be coveted, but one which the times and tempers of men have forced upon us. It is useless to deny that the Union is in danger. To discuss its value is to ascertain its worth. When we shall have done this, we can better decide how great a sacrifice we can afford to make to secure its perpetuity.

We of the South have ever been the fast friends of the Union. We have been so from an earnest attachment to its founders, and from a feeling of elevated patriotism, a patriotism which rises above all grovelling thoughts, and entwines itself about our country, and our whole country. We have made, and are now making day by day, greater sacrifices to uphold and maintain the Union in all its purity and dignity, than all the other parts of the country. Drop for a moment the sacrifice of feeling; forget the galling insults you are habitually heaping upon us, and let us look to other sacrifices. We export annually, in rice, cotton, and tobacco, the peculiar products of our soil, more than seventy-five millions of dollars in value. Your whole national exports do but a little exceed one hundred and forty millions of dollars. These articles of southern export are the support of your immense carrying trade, and of all your flourishing and profitable commerce; and these do not include the sugar of Louisiana, Texas, and Florida, nor do I estimate the cotton, rice, and tobacco consumed in the United States. If all these were embraced, our exports could not fall short of one hundred and twenty millions of dollars. I need not add, that as a separate, independent confederacy we should have the heaviest agricultural export of any people on the face of the earth; and that our wealth would in a short time be commensurate with our immense exports, no reasonable man can doubt. In the Union, our exports become the common trading fund of the nation, and the profits go into the general coffers. We know all this; and more, we know how much we contribute to the support of the Government, and we know too how little we get back. It gives me no pleasure to discuss questions like this, but a solemn duty I will not forego, from any mawkish, sentimental devotion to the Union. It is right that we fully understand one another. You think the South is not in earnest. Now, this opinion is based upon one of two hypotheses, either that we are too much devoted to the Union to run the hazard of its dissolution by a manly vindication of our rights; or else that we are afraid to encounter the perils of a dissolution. That we have loved the Union is most true. That our affections entwine themselves about it, and are reluctant to give it up, is also true. But our affection is no ordinary plant. Nourish it, and it will grow in the poorest soil. Neglect it, or trample upon it, and it will perish in the richest fields. I will not recount the story of our wrongs. I but ask you, can such wrongs ever be the handmaids of love, of that mutual and earnest, devoted love, which stood godfather when the infant Union was baptized, and without whose fostering care it cannot, will not, must not survive? Throw an impartial eye over the history of the last twenty years, and answer me if there is anything there which challenges our devotion? Who does not know that time after time we have turned away in sorrow from your oppressions, and yet have come back clinging to the Union, and proclaiming that "with all her faults we loved her still." And you expect us to do so now again and again; you expect us to return, and, on bended knees, crave your forbearance. No, you do not; you cannot think so meanly of us. There is nothing in our past history which justifies the conclusion that we will thus abase ourselves. You know how much a high-toned people ought to bear; and you know full well that we have borne to the last extremity. You know that we ought not to submit any longer. There is not a man of lofty soul among you all, who in his secret heart does not feel that we ought not to submit. If you fancy that our devotion to the Union will keep us in the Union, you are mistaken. Our love for the Union ceases with the justice of the Union. We cannot love oppression, nor hug tyranny to our bosoms.

Have we any reason to fear a dissolution of the Union? Look at the question dispassionately, and answer to yourselves the important inquiry, Can anything be expected from the fears of the southern people? Do not deceive yourselves—look at things as they really are. For myself, I can say with a clear conscience, we do not fear it; we are not appalled at the prospect before us; we deprecate disunion, but we do not fear it; we know our position too well for that. Whilst you have been heaping outrage upon outrage, adding insult to insult, our people have been calmly calculating the value of the Union. The question has been considered in all its bearings, and our minds are made up. The point has been designated beyond which we will not submit. We will not, because submission beyond that point involves consequences to us more terrible than disunion. It involves the fearful consequences of sectional degradation. 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, or a thousand such Unions, will we suffer dishonor at your hands.

I tell you candidly, we have calculated the value of the Union. Your injustice has driven us to it. Your oppression justifies me to-day in discussing the value of the Union, and I do so freely and fearlessly. Your press, your people, and your pulpit, may denounce this as treason; be it so. You may sing hosannas to the Union—it is well. British lords called it treason in our fathers when they resisted British tyranny. British orators were eloquent in their eulogiums on the British crown[.] Our fathers felt the oppression, they saw the hand that aimed the blow, and they resolved to resist. The result is before the world. We will resist, and trust to God and our own stout hearts for the consequences.

The South afraid of dissolving the Union?—why should we fear? What is there to alarm us or awaken our apprehensions? Are we not able to maintain ourselves? Shall eight millions of freemen, with more than one hundred millions of annual exports, fear to take their position among the nations of the earth? With our cotton, sugar, rice, and tobacco, products of a southern soil, yielding us annually more than a hundred millions of dollars, need we fear the frowns of the world? You tell us all the world is against us on the slavery question. We know more of this than you; fanaticism in the Old World, like fanaticism at home, assails our domestic relations, but we know how much British commerce and British labor depend for subsistence on our cotton, to feel at all startled by your threats of British power. Massachusetts looms will yield a smaller profit, and British looms will stop when you stop the supply of southern cotton. When the looms stop, labor will stop, ships will stop, commerce will stop, bread will stop. Build yourselves no castles in the air. Picture to your minds no such halcyon visions as that Great Britain will meddle with our slaves. She made an experiment in the West Indies in freeing negroes. It cost her one hundred millions of pounds sterling, and crippled her commerce to more than three times that amount, and now her emancipated blacks are relapsing into a state of barbarism. By the united verdict of every British statesman the experiment was a signal failure, injurious to the negro and detrimental to the kingdom. England will not interfere with southern slaves. Our cotton bags are our bonds of peace.

Have we anything to fear from you in the event of dissolution? A little gasconade, and sometimes a threat or two, altogether out of place on so grave an issue as this, are resorted to on your part. As to there being any conflict of arms growing out of a dissolution, I have not thought it at all probable. You complain of your association with slaves in the Union. We propose to take them out of the Union—to dissolve the unpleasant association. Will you seek a battle-field to renew, amid blood and carnage, this loathsome association? I take it for granted that you will not. But if you should, we point you to the record of the past, and warn you, by its blood-stained pages, that we shall be ready to meet you. When you leave your homes in New England, or in the great West, on this mission of love—this crusade against the South; when you come to take slavery to your bosoms, and to subdue eight millions of southern people, I warn you to make all things ready. Kiss your wives, bid your children a long farewell, make peace with your God; for I warn you that you may never return.

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 ancestry—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. But we know full well, that when all is obtained that you now ask, the cormorant appetite for power and plunder will not be satisfied. The tiger may be driven from his prey, but when once he dips his tongue in blood, he will not relinquish his victim without a struggle.

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—sectional 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.

Does any man desire to know at what time and for what cause I would dissolve the Union, I will tell him: At the first moment after you consummate your first act of aggression upon slave property, I would declare the Union dissolved; and for this reason: such an act, perpetrated after the warning we have given you, would evince a settled purpose to interpose your authority in the management of our domestic affairs, thug degrading us from our rightful position as equals to a state of dependence and subordination. Do not mistake me; I do not say that such an act would, per se, justify disunion; I do not say that our exclusion from the territories would alone justify it; 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, nor two, nor all of these combined would justify disunion. These are but the initiative steps—they lead you on to the mastery over us, and you shall not take these steps. The man must have studied the history of our revolt against the power of Britain to but little purpose who supposes that the throwing a few boxes of tea into the water in Boston harbor produced, or had any material influence in producing, the mighty conflict of arms which ensued. Does any man suppose that the stamp act and its kindred measures produced the revolution? They produced a solemn conviction on the minds of our fathers that Britain was determined to oppress and degrade the colonies. This conviction prepared a heroic people for resistance; and the otherwise trivial incident of throwing the tea overboard supplied the occasion for manifesting that state of public sentiment. I warn gentlemen by the history of these transactions, not to outrage the patience of a patriotic people, nor yet, like the British king and parliament, to spurn our entreaties, and turn a deaf ear to our prayers for justice.

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 in this issue is not less than twenty hundred millions of dollars, and yet the loss of this will be the least of the calamities which 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 family 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 these, than all, remain in a country now prosperous and happy, and see ourselves, our wives and children, degraded to a social position with the black race. These, these are the frightful, terrible consequences you would entail upon us. Picture to yourselves Hungary, resisting the powers of Austria and Russia; and if Hungary, which had never tasted liberty, could make such stout resistance, what may you not anticipate from eight millions of southrons made desperate by your aggression? 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.

You tell us, sir, there is no intention of pushing us to extremities like these. I do not doubt the sincerity of gentlemen who make this avowal. If there was fixedness in their positions I would believe them, I would trust them. If members of Congress were to the political what stars are to the planetary system, I would take their solemn—and, I hope, sincere—declarations, and be satisfied. I should feel secure. But a few days, a brief space, and you will pass away, and your places will be filled by men more hostile than you, as you are more hostile than your predecessors, and the next who come after your successors will be more hostile than they. Look to the Senate—the conservative branch of the government. Already there are senators from the mighty states of New York and Ohio, who repudiate the Constitution. One [Mr. Chase, of Ohio] says the Constitution is a nullity as regards slavery, and another [Mr. Seward, of New York] declares that slavery can and will be abolished, and that you and he will do it. He tells us how this to be done. He, too, repudiates the constitutional obligation, and says that slavery rests for its security on public sentiment, and that public sentiment must and will destroy it. These are fearful declarations, coming from that quarter. They evince a settled purpose to pursue these aggressive movements to the last terrible extremity; and yet, sir, we are asked to fold our arms and listen to the syren song that all your ills will soon be o'er.

And now, Mr. Chairman, before the sands of my brief hour have quite run out, let me turn for a moment to the late recent and extraordinary movements in the territory of California,—movements fraught with incalculable mischief, and, if not arrested, destined to entail calamities the most terrible upon this country. I am told that the late administration is in some degree responsible for these movements. I know not if this be true. I hope it is not. Indeed, I have authority for saying it is not. Certainly no evidence has been advanced that the statement is true. But I care not who prompted the anomalous state of things now existing in California. At whatever time, and by whomsoever done, it has been without precedent, against the voice of the people's representatives, in derogation of the Constitution of the United States, and intended to rob the Southern States of their just and rightful possessions. Viewing the transaction in this light, and without stopping to inquire whose it was, I denounce it as unwise, unpatriotic, sectional in its tendencies, insulting to the South, and in the last degree despicable.

Twelve short months ago it was thought necessary to invoke the authority of Congress for the people of California to form a state constitution. The present Secretary of the Navy, then a member of this House, did, on the 7th day of February, 1849, introduce a bill for that purpose. The first section declared "that the Congress doth consent that a new state may be erected out of the territory ceded to the United States," &c. (See Congressional Globe, 2 Sess. 30 Con. p. 477.)

Whether the honorable Secretary, as a member of the cabinet, advised and consented to the late extraordinary proceedings in California, I pretend not to know. I do know that he bitterly inveighed against General Cass, in 1848, for a supposed intimation that the people of the territories might settle the slavery question for themselves, and chiefly on the ground that it was a monstrous outrage to allow aliens and foreigners to snatch from the South territory won by the valor of her troops. I know that he introduced the bill to which I have adverted, and urged its passage in a speech which was said to have given him his position in the cabinet. He certainly thought at that time, that the consent of Congress was necessary to the formation of a state government in California. The bill itself, to say nothing of the speech, assigned one pregnant reason for this thought, for by its second section it declared "that the foregoing consent is given upon the following reservations and conditions: First, that the United States hereby unconditionally reserves to the federal government all right of property in the public lands."

It was then thought a matter of some moment to reserve to the parties in interest, their right of property in the soil. But the progressive spirit of the President and cabinet has gone far beyond such idle whims, and "the introduction of California into the Union as a sovereign state is earnestly recommended," without reservation of any kind, save alone that her constitution shall conform to the Constitution of the United States. If any one here knows the secrets of the cabinet councils, he can best inform us whether Mr. Secretary Preston thought it worth his while to intimate to the President and his associates that the formation of an independent government in California would of necessity vest in such government the right of property in the soil, and that her incorporation into the Union without reservation, would be to surrender the right of eminent domain. It would disclose an interesting piece of cabinet history to ascertain whether so trivial a matter ever engrossed the thoughts of that most august body-the President and his constitutional advisers.

It is amusing to see with how much cunning the author of the late special message endeavors to divide the responsibility of this nefarious proceeding with the late administration. Several times in the message it is broadly hinted that President Polk took the initiative in this business. This may be so. I have seen no evidence of it, and do not believe it; but whether true or false, it does not render the transaction less odious or more worthy of support. The President himself seems to think it too much for one administration to bear, and, therefore, strives to divide its responsibility with his distinguished Democratic predecessor. I commend his discretion, more than his generosity. It is discreet in him to shake off as much of the odium of this thing as possible. If it had been a worthy action, I doubt if he would not have appropriated the honors of it entirely to himself.

The President sees, as well as you or I, that there is a fearful accountability ahead, and he cries out in time, "Polk was to blame—I only followed up what he began." I would to God he were as willing to carry out all of Polk's unfinished plans.

Is there nothing wrong, let me ask the friends of the President, in this thing of the Executive of his own volition, and upon his own responsibility—establishing a state government over the territory of the United States, and that too after Congress had been invoked and had refused her consent to the establishment of such a government? I have seen the time when if this thing had been done, the nation would have reverberated with the eloquent burst of patriotic indignation from gentlemen on the other side. General Jackson was charged with taking the responsibility, but he never assumed responsibility like this.

The manner of doing this thing is still more extraordinary than the thing itself. General Riley, a military commander, charged with the execution of certain necessary civil functions, is made the man of power in this business. That officer, on the 3d day of June, 1849, issued his proclamation, a paper at once novel and bold. His object is to make a new state, and he commences thus:

"Congress having failed at its recent session to provide a new government for this country, the undersigned would call attention to the means which he deems best," &c., &c.

Yes, sir, there it is. Congress having failed to give government to California, General Riley notifies the inhabitants that he has taken matters into his own hands; that he will give them a government, and that HE will authorize them to make a state for themselves. He does this, too, because Congress had refused.

I must do General Riley the justice to say he is not wholly an usurper in this business. He declares to the world in this same proclamation (a document by the way drawn up with acumen and legal precision), that the course indicated by him "is advised by the President and the Secretaries of State and of War," and he (General Riley) solemnly affirms that his acts are "fully authorized by law." I hope the General did not understand that Mr. Secretary Preston's bill was the law that "fully authorized" his acts. There might be a difficulty in sustaining the opinion on that basis, inasmuch as the bill did not pass Congress.

There are stranger things than these in this Riley proclamation "advised by the President, and Secretaries Clayton and Crawford." The General not only sets forth circumstantially what is to be done, but he designates the persons who are to do the things which he bids to be done. Hear him:

"Every free male citizen of the United States and of Upper California, 21 years of age, will be entitled to the right of suffrage. All citizens of Lower California who have been forced to come into this territory on account of having rendered assistance to the American troops during the recent war with Mexico, should also be allowed to vote in the district where they actually reside," &c.

Now, sir, I humbly ask who gave the President and his cabinet the right to "advise" this military commander by one sweeping proclamation to admit the "free male citizens of Upper California," and "ALL the citizens of Lower California," (then in the country, under certain circumstances,) to the right of voting? In so important a matter as forming a state constitution, which was to affect important interests within the territory, and still more important interests without the territory, it would have been at least respectful to his southern constituents, if the President had confined the voting to white people; but all free males of Upper California, and ALL from Lower California, whether bond or free, were fully authorized to vote. Shame, shame upon the man who, in the midst of our struggles for blood-bought rights, thus coolly submits them to the arbitrament of such a people.

I have been speaking of what the President expressly authorized. He, by his agent, General Riley, in terms, authorized these people of whom I have been speaking to vote. They did vote; they were voted for; some of them had seats in the so-called California Convention. But the gross wrong—the palpable outrage—did not stop here. We all know the President knows that everybody voted. The whole heterogeneous mass of Mexicans, and foreign adventurers, and interlopers voted; and yet, the President, without one word of comment or caution touching these strange events, calmly recommends the progeny of this strange convention to the favorable consideration of Congress. If I had not ceased to be amazed at the conduct of the present President of the United States, I should indeed wonder what singular infatuation had possessed the old man's brain when he made that recommendation. Can it be that he has not read the treaty with Mexico, or the laws of his own country on the subject of naturalizing foreigners, that he thus recommends the admission of a state into the Union, with a constitution formed mainly by persons who were strangers to our laws, and who, by our laws and by the treaty, were not citizens, and consequently had no right of suffrage? Look you, sir, to the treaty with Mexico. In its 8th article it is declared: "That Mexicans who shall prefer to remain in the territory may either retain the rights and title of Mexican citizens or acquire those of citizens of the United States." They shall make their election in one year after the treaty is ratified. "And those who shall remain in the territory after the expiration of that year without having declared their intention to retain the character of Mexicans, shall be considered to have ELECTED to become citizens of the United States."

Mexicans remaining in the territory after twelve months "shall be considered to have elected to become citizens of the United States;" but who shall make them citizens? This question is fully answered by the ninth article of this treaty. We have seen that Mexicans may acquire the rights of citizens of the United States, and that under certain circumstances they are deemed to have elected to become citizens, &c. Read the ninth article of the treaty: "Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be ADMITTED at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States according to the principles of the Constitution."

Here we have it. They are "to be incorporated into the Union, and be admitted at the proper time, to be judged of by Congress, to the enjoyment of all the rights of citizens of the United States." Where did the President get his authority to dispense with these articles, these solemn stipulations of the treaty? By what right does he extend to these people that dearest privilege of an American freeman, the right of suffrage? By what authority does he confer the power to hold office, to sit in a convention, and to trample under foot the rights of the southern people? The late Administration had something to do with making this treaty, and they provided that these people, at a proper time, to be judged of by Congress, should enjoy all these rights. Congress has not judged in the matter. Congress has done nothing. Congress has refused to act, and the President tells these people to vote, to accept office, to make a state constitution, to elect governors, secretaries, auditors, members of Congress, &c., &c. And when they have done as he bid them, he "earnestly recommends their acts to the favorable consideration of Congress." And this is the President who was going to act according to the laws and the Constitution, and abstain from all interference with the duties of Congress. O tempora! O mores!

[Here the hammer fell, and Mr. BROWN gave notice that he would append the unfinished remarks to his printed speech.]

The present President of the United States delights in doing in all things like Washington. In his annual message he alludes no less than three times, with evident self-complacency, to supposed similitudes between his acts and those of the illustrious Father of his Country.

In the earlier history of the republic, and in the time of Washington's presidency, a case bearing close resemblance to the one under discussion was presented for his consideration. How closely the second Washington copies the precedent of the first may be gathered from the history of the transaction. That history has been briefly sketched by a distinguished, eloquent, and aged friend of President Taylor. I read from a pamphlet by George Poindexter:

Shortly after the cession by North Carolina of the south-western territory, certain influential individuals, anxious to hasten the formation of an independent state government within the ceded territory, induced the inhabitants to call a convention and frame a state constitution, to which they gave the name of the State of Franklin. This proceeding met the unhesitating frowns and disapprobation of the Father of his Country—the illustrious Washington—who caused it to be instantly suppressed, and in lieu of this factitious state government, a territorial government was extended to the inhabitants by Congress, under which they lived and prospered for many years."

If the first President, the great, the good, the illustrious Washington, would not listen to the proposition of the Franklanders, citizens as they were of the United States, for admission into the Union, under the circumstances attending their application, I ask how the present President shall justify his proceeding, in first prompting the free male citizens of Upper California, all the people of Lower California, and in fact the interlopers and adventurers from all the nations of the earth, now upon our territory, to form a state constitution, and ask admission into our Union? And now when this constitution, the creation of such a conglomerate mass, is about to be presented, let the friends of the President justify, if they can, his "earnest recommendation that it may receive the favorable consideration of Congress."

Frankland was not admitted as a state, but a territorial government was given to the country under the name of Tennessee. As a territory these people again applied for admission, and again their application was rejected. I read from Poindexter's pamphlet the history of this second application:

"Subsequent to these transactions, the inhabitants of the south-western territory having increased, as it was believed, to a sufficient number to entitle them to become one of the states of the Union, the territorial legislature directed a census to be taken under the authority of an act passed by that body. This census having been so taken, exhibited a number of free inhabitants exceeding 60,000—being a greater number than was required by the ordinance of 1787 to admit them into the Union; and on the 28th of November, 1795, the governor being authorized thereto by law, issued his proclamation requiring the inhabitants of the several counties of the territory to choose persons to represent them in convention, for the purpose of forming a constitution or permanent form of government. This body so chosen, met in convention on the 11th January, 1796, and adopted a constitution, in which they declared the people of that part of said territory which was ceded by North Carolina, to be a free and independent state, by the name of the State of Tennessee. Without entering into minute details of all the proceedings which took place in relation to this constitution, it will be sufficient for my present purpose to refer to the Senate Journal of the first session of the fourth Congress, to which that constitution was submitted for the reception and approbation of Congress. In the report of the committee of the Senate, to whom this constitution was referred, it will be seen that this act of the territorial authorities was deemed premature and irregular; that the census ordered to be taken of the inhabitants was in many respects deficient in detail, and more especially that the enumeration of the inhabitants must, by the Constitution, be made by Congress; that this rule applied to the original states of the Union, and as their rights as members of the Union are affected by the admission of new states, the same principle which enjoins the census of their inhabitants to be taken under the authority of Congress, equally requires the enumeration of the inhabitants of any new state, laid out by Congress in like manner, should be made under their authority. This rule, the committee are of opinion, left Congress without discretion on this point. The committee therefore reported, that the inhabitants of that part of the territory south of Ohio, ceded by North Carolina, are not at this time entitled to be received as a new state into the Union. This example is drawn from the action of Congress during the administration of Washington, and will serve to show you, sir, the great caution with which, under the administration of that illustrious individual, the state was admitted into the Union."

In the purer and better days of the republic it was thought necessary to consult Congress as to the disposition to be made of the territory belonging to the United States, and our fathers thought it necessary to show a decent regard to the demands of the Constitution, in admitting new states into the Union. But in these latter days, when soldiers become statesmen, without study, and men intuitively understand the Constitution, the old-fashioned notions of Washington and his compatriots are treated with scorn, and we are given to understand that the soldier-President can make new states without the aid of Congress, and in defiance of the Constitution. Whether the people will submit to this highhanded proceeding I do not know; but for my single self I am prepared to say, that "live or die, sink or swim, survive or perish," I will oppose it "at all hazards and to the last extremity."

What, Mr. Chairman, is to be the effect of admitting California into the Union as a state? Independent, sir, of all the objections I have been pointing out, it will effectually unhinge that sectional balance which has so long and happily existed between the two ends of the Union, and at once give to the North that dangerous preponderance in the Senate, which ambitious polititions have so earnestly desired. The admission of one such state as California, opens the way for, and renders easy the admission of another. The President already prompts New Mexico to a like course. The two will reach out their hands to a third, and they to a fourth, fifth, and sixth. Thus precedent follows. precedent, with locomotive velocity and power, until the North has the two-thirds required to change the Constitution. WHEN THIS IS DONE THE CONSTITUTION WILL BE CHANGED. That public opinion, to which Senator SEWARD so significantly alludes, will be seen, and its power will be felt—universal emancipation will become your rallying cry. We see this. It is clearly set forth in all your movements. The sun at noonday is not more visible than is this startling danger. Its presence does arouse our fears and set our thoughts in motion. It comes with giant strides and under the auspices of a southern President, but we will meet it, and we will vanquish it. The time for action is almost come. It is well for us to arrange the order of battle. I have listened, and will again listen with patience and pleasure, to the plans of our southern friends. My own opinion is this: that we should resist the introduction of California as a state, and resist it successfully; resist it by our votes first, and lastly by other means. We can, at least, force an adjournment without her admission. This being done, we are safe. The Southern States, in convention at Nashville, will devise means for vindicating their rights. I do not know what these means will be, but I know what they may be, and with propriety and safety. They may be to carry slaves into all of southern California, as the property of sovereign states, and there hold them, as we have a right to do; and if molested, defend them, as is both our right and duty.

We ask you to give us our rights by NON-INTERVENTION; if you refuse, I am for taking them by ARMED OCCUPATION.

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. 162-76