The Supreme Court had already decided that Congress had excl

Produced by David Widger

AMERICAN ELOQUENCE

STUDIES IN AMERICAN POLITICAL HISTORY

Edited with Introduction by Alexander Johnston

Reedited by James Albert Woodburn

Volume II. (of 4)

CONTENTS:

V.-THE ANTI-SLAVERY STRUGGLE.

RUFUS KING

On The Missouri Struggle--United States Senate,

February 11 And 14, 1820.

WILLIAM PINKNEY

On The Missouri Struggle--United States Senate,

February 15, 1820.

WENDELL PHILLIPS

On The Murder Of Lovejoy--Faneuil Hall, Boston,

December 8, 1837.

JOHN QUINCY ADAMS

On The Constitutional War Power Over Slavery

--House Of Representatives, May 25, 1836.

JOHN C. CALHOUN

On The Slavery Question--United States Senate,

March 4, 1850.

DANIEL WEBSTER

On The Constitution And The Union--United States

Senate, March 7, 1850.

HENRY CLAY

On The Compromise Of 1850--United States Senate,

July 22, 1850.

WENDELL PHILLIPS

On The Philosophy Of The Abolition Movement--Before

The Massachusetts, Anti-Slavery Society, Boston,

January 27, 1853.

CHARLES SUMNER

On The Repeal Of The Fugitive Slave Law--United

States Senate, August 26, 1852.

LIST OF PORTRAITS--VOLUME II.

RUFUS KING -- From a steel engraving.

JOHN Q. ADAMS -- From a painting by MARCHANT.

JOHN C. CALHOUN -- From a daguerreotype by BRADY.

DANIEL WEBSTER -- From a painting by R. M. STAIGG.

HENRY CLAY -- From a crayon portrait.

INTRODUCTION TO THE REVISED VOLUME II.

The second volume of the American Eloquence is devoted exclusively

to the Slavery controversy. The new material of the revised edition

includes Rufus King and William Pinkney on the Missouri Question; John

Quincy Adams on the War Power of the Constitution over Slavery; Sumner

on the Repeal of the Fugitive Slave Law. The addition of the new

material makes necessary the reservation of the orations on the

Kansas-Nebraska Bill, and on the related subjects, for the third volume.

In the anti-slavery struggle the Missouri question occupied a prominent

place. In the voluminous Congressional material which the long

debates called forth, the speeches of King and Pinkney are the best

representatives of the two sides to the controversy, and they are of

historical interest and importance. John Quincy Adams' leadership in

the dramatic struggle over the right of petition in the House of

Representatives, and his opinion on the constitutional power of the

national government over the institution of slavery within the States,

will always excite the attention of the historical student.

In the decade before the war no subject was a greater cause of

irritation and antagonism between the States than the Fugitive Slave

Law. Sumner's speech on this subject is the most valuable of his

speeches from the historical point of view; and it is not only a worthy

American oration, but it is a valuable contribution to the history of

the slavery struggle itself. It has been thought desirable to include in

a volume of this character orations of permanent value on these themes

of historic interest. A study of the speeches of a radical innovator

like Phillips with those of compromising conservatives like Webster and

Clay, will lead the student into a comparison, or contrast, of these

diverse characters. The volume retains the two orations of Phillips, the

two greatest of all his contributions to the anti-slavery struggle. It

is believed that the list of orations, on the whole, presents to the

reader a series of subjects of first importance in the great slavery

controversy.

The valuable introduction of Professor Johnston, on "The Anti-Slavery

Struggle," is re-printed entire.

J. A. W.

V. -- THE ANTI-SLAVERY STRUGGLE

Negro slavery was introduced into all the English colonies of North

America as a custom, and not under any warrant of law. The enslavement

of the negro race was simply a matter against which no white person

chose to enter a protest, or make resistance, while the negroes

themselves were powerless to resist or even protest. In due course of

time laws were passed by the Colonial Assemblies to protect property in

negroes, while the home government, to the very last, actively protected

and encouraged the slave trade to the colonies. Negro slavery in all

the colonies had thus passed from custom to law before the American

Revolution broke out; and the course of the Revolution itself had little

or no effect on the system.

From the beginning, it was evident that the course of slavery in the two

sections, North and South, was to be altogether divergent. In the colder

North, the dominant race found it easier to work than to compel negroes

to work: in the warmer South, the case was exactly reversed. At the

close of the Revolution, Massachusetts led the way in an abolition

of slavery, which was followed gradually by the other States north of

Virginia; and in 1787 the ordinance of Congress organizing the Northwest

Territory made all the future States north of the Ohio free States.

"Mason and Dixon's line" and the Ohio River thus seemed, in 1790, to be

the natural boundary between the free and the slave States.

Up to this point the white race in the two sections had dealt with

slavery by methods which were simply divergent, not antagonistic. It was

true that the percentage of slaves in the total population had been

very rapidly decreasing in the North and not in the South, and that the

gradual abolition of slavery was proceeding in the North alone, and that

with increasing rapidity. But there was no positive evidence that the

South was bulwarked in favor of slavery; there was no certainty but that

the South would in its turn and in due time come to the point which the

North had already reached, and begin its own abolition of slavery. The

language of Washington, Jefferson, Madison, Henry, and Mason, in regard

to the evils or the wickedness of the system of slavery, was too strong

to be heard with patience in the South of after years; and in this

section it seems to have been true, that those who thought at all upon

the subject hoped sincerely for the gradual abolition of slavery in

the South. The hope, indeed, was rather a sentiment than a purpose, but

there seems to have been no good reason, before 1793, why the sentiment

should not finally develop into a purpose.

All this was permanently changed, and the slavery policy of the South

was made antagonistic to, and not merely divergent from, that of the

North, by the invention of Whitney's saw gin for cleansing cotton

in 1793. It had been known, before that year, that cotton could be

cultivated in the South, but its cultivation was made unprofitable, and

checked by the labor required to separate the seeds from the cotton.

Whitney's invention increased the efficiency of this labor hundreds of

times, and it became evident at once that the South enjoyed a practical

monopoly of the production of cotton. The effect on the slavery policy

of the South was immediate and unhappy. Since 1865, it has been found

that the cotton monopoly of the South is even more complete under a

free than under a slave labor system, but mere theory could never have

convinced the Southern people that such would be the case. Their whole

prosperity hinged on one product; they began its cultivation under slave

labor; and the belief that labor and prosperity were equally dependent

on the enslavement of the laboring race very soon made the dominant race

active defenders of slavery. From that time the system in the South was

one of slowly but steadily increasing rigor, until, just before

1860, its last development took the form of legal enactments for the

re-enslavement of free negroes, in default of their leaving the State

in which they resided. Parallel with this increase of rigor, there was a

steady change in the character of the system. It tended very steadily to

lose its original patriarchal character, and take the aspect of a purely

commercial speculation. After 1850, the commercial aspect began to be

the rule in the black belt of the Gulf States. The plantation knew only

the overseer; so many slaves died to so many bales of cotton; and the

slave population began to lose all human connection with the dominant

race.

The acquisition of Louisiana in 1803 more than doubled the area of the

United States, and far more than doubled the area of the slave system.

Slavery had been introduced into Louisiana, as usual, by custom, and had

then been sanctioned by Spanish and French law. It is true that Congress

did not forbid slavery in the new territory of Louisiana; but Congress

did even worse than this; under the guise of forbidding the importation

of slaves into Louisiana, by the act of March 26, 1804, organizing

the territory, the phrase "except by a citizen of the United States,

removing into said territory for actual settlement, and being at the

time of such removal bona fide owner of such slave or slaves," impliedly

legitimated the domestic slave trade to Louisiana, and legalized slavery

wherever population should extend between the Mississippi and the

Rocky Mountains. The Congress of 1803-05, which passed the act, should

rightfully bear the responsibility for all the subsequent growth of

slavery, and for all the difficulties in which it involved the South and

the country.

There were but two centres of population in Louisiana, New Orleans and

St. Louis. When the southern district, around New Orleans, applied for

admission as the slave State of Louisiana, there seems to have been no

surprise or opposition on this score; the Federalist opposition to the

admission is exactly represented by Quincy's speech in the first volume.

When the northern district, around St. Louis, applied for admission as

the slave State of Missouri, the inevitable consequences of the act

of 1804 became evident for the first time, and all the Northern States

united to resist the admission. The North controlled the House

of Representatives, and the South the Senate; and, after a severe

parliamentary struggle, the two bodies united in the compromise of 1820.

By its terms Missouri was admitted as a slave State, and slavery was

forever forbidden in the rest of Louisiana Territory, north of latitude

36° 30' (the line of the southerly boundary of Missouri). The instinct

of this first struggle against slavery extension seems to have been

much the same as that of 1846-60 the realization that a permission to

introduce slavery by custom into the Territories meant the formation

of slave States exclusively, the restriction of the free States to

the district between the Mississippi and the Atlantic, and the final

conversion of the mass of the United States to a policy of enslavement

of labor. But, on the surface, it was so entirely a struggle for the

balance of power between the two sections, that it has not seemed worth

while to introduce any of the few reported speeches of the time. The

topic is more fully and fairly discussed in the subsequent debates on

the Kansas-Nebraska Act.

In 1830 William Lloyd Garrison, a Boston printer, opened the real

anti-slavery struggle. Up to this time the anti-slavery sentiment, North

and South, had been content with the notion of "gradual abolition,"

with the hope that the South would, in some yet unsuspected manner,

be brought to the Northern policy. This had been supplemented, to some

extent, by the colonization society for colonizing negroes on the west

coast of Africa; which had two aspects: at the South it was the means of

ridding the country of the free negro population; at the North it was a

means of mitigating, perhaps of gradually abolishing, slavery. Garrison,

through his newspaper, the Liberator, called for "immediate abolition"

of slavery, for the conversion of anti-slavery sentiment into

anti-slavery purpose. This was followed by the organization of his

adherents into the American Anti-Slavery Society in 1833, and the

active dissemination of the immediate abolition principle by tracts,

newspapers, and lecturers.

The anti-slavery struggle thus begun, never ceased until, in 1865, the

Liberator ceased to be published, with the final abolition of slavery.

In its inception and in all its development the movement was a distinct

product of the democratic spirit. It would not have been possible in

1790, or in 1810, or in 1820. The man came with the hour; and every new

mile of railroad or telegraph, every new district open to population,

every new influence toward the growth of democracy, broadened the

power as well as the field of the abolition movement. It was but the

deepening, the application to an enslaved race of laborers, of the work

which Jeffersonian democracy had done, to remove the infinitely less

grievous restraints upon the white laborer thirty year before. It could

never have been begun until individualism at the North had advanced

so far that there was a reserve force of mind--ready to reject all the

influences of heredity and custom upon thought. Outside of religion

there was no force so strong at the North as the reverence for the

Constitution; it was significant of the growth of individualism, as well

as of the anti-slavery sentiment, that Garrison could safely begin his

work with the declaration that the Constitution itself was "a league

with death and a covenant with hell."

The Garrisonian programme would undoubtedly have been considered highly

objectionable by the South, even under to comparatively colorless

slavery policy of 1790. Under the conditions to which cotton culture had

advanced in 1830, it seemed to the South nothing less than a proposal to

destroy, root and branch, the whole industry of that section, and it was

received with corresponding indignation. Garrisonian abolitionists were

taken and regarded as public enemies, and rewards were even offered for

their capture. The germ of abolitionism in the Border States found a new

and aggressive public sentiment arrayed against it; and an attempt

to introduce gradual abolition in Virginia in 1832-33 was hopelessly

defeated. The new question was even carried into Congress. A bill to

prohibit the transportation of abolition documents by the Post-Office

department was introduced, taken far enough to put leading men of both

parties on the record, and then dropped. Petitions for the abolition

of slavery in the District of Columbia were met by rules requiring the

reference of such petitions without reading or action; but this only

increased the number of petitions, by providing a new grievance to

be petitioned against, and in 1842 the "gag rule" was rescinded.

Thence-forth the pro-slavery members of Congress could do nothing, and

could only become more exasperated under a system of passive resistance.

Even at the North, indifferent or politically hostile as it had hitherto

shown itself to the expansion of slavery, the new doctrines were

received with an outburst of anger which seems to have been primarily a

revulsion against their unheard of individualism. If nothing, which

had been the object of unquestioning popular reverence, from the

Constitution down or up to the church organizations, was to be sacred

against the criticism of the Garrisonians, it was certain that the

innovators must submit for a time to a general proscription. Thus the

Garrisonians were ostracised socially, and became the Ishmalites of

politics. Their meetings were broken up by mobs, their halls were

destroyed, their schools were attacked by all the machinery of society

and legislation, their printing presses were silenced by force or fraud,

and their lecturers came to feel that they had not done their work with

efficiency if a meeting passed without the throwing of stones or eggs at

the building or the orators. It was, of course, inevitable that such

a process should bring strong minds to the aid of the Garrisonians,

at first from sympathy with persecuted individualism, and finally from

sympathy with the cause itself; and in this way Garrisonianism was in

a great measure relieved from open mob violence about 1840, though

it never escaped it altogether until abolition meetings ceased to

be necessary. One of the first and greatest reinforcements was the

appearance of Wendell Phillips, whose speech at Faneuil Hall in 1839

was one of the first tokens of a serious break in the hitherto almost

unanimous public opinion against Garrisonianism. Lovejoy, a Western

anti-slavery preacher and editor, who had been driven from one place to

another in Missouri and Illinois, had finally settled at Alton, and was

there shot to death while defending his printing press against a mob. At

a public meeting in Faneuil Hall, the Attorney-General of Massachusetts,

James T. Austin, expressing what was doubtless the general sentiment of

the time as to such individual insurrection against pronounced public

opinion, compared the Alton mob to the Boston "tea-party," and declared

that Lovejoy, "presumptuous and imprudent," had "died as the fool

dieth." Phillips, an almost unknown man, took the stand, and answered in

the speech which opens this volume. A more powerful reinforcement could

hardly have been looked for; the cause which could find such a defender

was henceforth to be feared rather than despised. To the day of

his death he was, fully as much as Garrison, the incarnation of the

anti-slavery spirit. For this reason his address on the Philosophy

of the Abolition Movement, in 1853, has been assigned a place as

representing fully the abolition side of the question, just before it

was overshadowed by the rise of the Republican party, which opposed only

the extension of slavery to the territories.

The history of the sudden development of the anti-slavery struggle in

1847 and the following years, is largely given in the speeches which

have been selected to illustrate it. The admission of Texas to the Union

in 1845, and the war with Mexico which followed it, resulted in the

acquisition of a vast amount of new territory by the United States.

From the first suggestion of such an acquisition, the Wilmot proviso

(so-called from David Wilmot, of Pennsylvania, who introduced it in

Congress), that slavery should be prohibited in the new territory, was

persistently offered as an amendment to every bill appropriating money

for the purchase of territory from Mexico. It was passed by the House

of Representatives, but was balked in the Senate; and the purchase

was finally made without any proviso. When the territory came to be

organized, the old question came up again: the Wilmot proviso was

offered as an amendment. As the territory was now in the possession of

the United States, and as it had been acquired in a war whose support

had been much more cordial at the South than at the North, the attempt

to add the Wilmot proviso to the territorial organization raised the

Southern opposition to an intensity which it had not known before.

Fuel was added to the flame by the application of California, whose

population had been enormously increased by the discovery of gold within

her limits, for admission as a free State. If New Mexico should do the

same, as was probable, the Wilmot proviso would be practically in force

throughout the best portion of the Mexican acquisition. The two sections

were now so strong and so determined that compromise of any kind was

far more difficult than in 1820; and it was not easy to reconcile or

compromise the southern demand that slavery should be permitted, and

the northern demand that slavery should be forbidden, to enter the new

territories.

In the meantime, the Presidential election of 1848 had come and gone. It

had been marked by the appearance of a new party, the Free Soilers, an

event which was at first extremely embarrassing to the managers of

both the Democratic and Whig parties. On the one hand, the northern and

southern sections of the Whig party had always been very loosely joined

together, and the slender tie was endangered by the least admission

of the slavery issue. On the other hand, while the Democratic national

organization had always been more perfect, its northern section had

always been much more inclined to active anti-slavery work than the

northern Whigs. Its organ, the Democratic Review, habitually spoke of

the slaves as "our black brethren"; and a long catalogue could be

made of leaders like Chase, Hale, Wilmot, Bryant, and Leggett, whose

democracy was broad enough to include the negro. To both parties,

therefore, the situation was extremely hazardous. The Whigs had less

to fear, but were able to resist less pressure. The Democrats were more

united, but were called upon to meet a greater danger. In the end,

the Whigs did nothing; their two sections drew further apart; and the

Presidential election of 1852 only made it evident that the national

Whig party was no longer in existence. The Democratic managers

evolved, as a solution of their problem, the new doctrine of "popular

sovereignty," which Calhoun re-baptized "squatter sovereignty." They

asserted as the true Democratic doctrine, that the question of slavery

or freedom was to be left for decision of the people of the territory

itself. To the mass of northern Democrats, this doctrine was taking

enough to cover over the essential nature of the struggle; the more

democratic leaders of the northern Democracy were driven off into the

Free-Soil party; and Douglas, the champion of "popular sovereignty,"

became the leading Democrat of the North.

Clay had re-entered the Senate in 1849, for the purpose of compromising

the sectional difficulties as he had compromised those of 1820 and of

1833. His speech, as given, will show something of his motives; his

success resulted in the "compromise of 1850." By its terms, California

was admitted as a free State; the slave trade, but not slavery, was

prohibited in the District of Columbia; a more stringent fugitive slave

law was enacted; Texas was paid $10,000,000 for certain claims to the

Territory of New Mexico; and the Territories of Utah and New Mexico,

covering the Mexican acquisition outside of California, were organized

without mentioning slavery. The last-named feature was carefully

designed to please all important factions. It could be represented to

the Webster Whigs that slavery was excluded from the Territories named

by the operation of natural laws; to the Clay Whigs that slavery had

already been excluded by Mexican law which survived the cession; to the

northern Democrats, that the compromise was a formal endorsement of the

great principle of popular sovereignty; and to the southern Democrats

that it was a repudiation of the Wilmot proviso. In the end, the essence

of the success went to the last-named party, for the legislatures of the

two territories established slavery, and no bill to veto their action

could pass both Houses of Congress until after 1861.

The Supreme Court had already decided that Congress had exclusive power

to enforce the fugitive slave clause of the Constitution, though the

fugitive slave law of 1793 had given a concurrent authority of execution

to State officers. The law of 1850, carrying the Supreme Court's

decision further, gave the execution of the law to United States

officers, and refused the accused a hearing. Its execution at the North

was therefore the occasion of a profound excitement and horror. Cases

of inhuman cruelty, and of false accusation to which no defence was

permitted, were multiplied until a practical nullification of the law,

in the form of "personal liberty laws," securing a hearing for the

accused before State magistrates, was forced by public opinion upon the

legislature of the exposed northern States. Before the excitement

had come to a head, the Whig convention of 1852 met and endorsed the

compromise of 1850 "in all its parts." Overwhelmed in the election which

followed, the Whig party was popularly said to have "died of an attempt

to swallow the fugitive-slave law"; it would have been more correct to

have said that the southern section of the party had deserted in a body

and gone over to the Democratic party. National politics were thus left

in an entirely anomalous condition. The Democratic party was omnipotent

at the South, though it was afterward opposed feebly by the American

(or "Know Nothing ") organization, and was generally successful at

the North, though it was still met by the Northern Whigs with vigorous

opposition. Such a state of affairs was not calculated to satisfy

thinking men; and this period seems to have been one in which very

few thinking men of any party were at all satisfied with their party

positions.

This was the hazardous situation into which the Democratic managers

chose to thrust one of the most momentous pieces of legislation in our

political history-the Kansas-Nebraska bill. The responsibility for it is

clearly on the shoulders of Stephen A. Douglas. The over-land travel to

the Pacific coast had made it necessary to remove the Indian title to

Kansas and Nebraska, and to organize them as Territories, in order to

afford protection to emigrants; and Douglas, chairman of the Senate

committee on Territories, introduced a bill for such organization in

January, 1854. Both these prospective Territories had been made free

soil forever by the compromise of 1820; the question of slavery had been

settled, so far as they were concerned; but Douglas consented, after a

show of opposition, to reopen Pandora's box. His original bill did

not abrogate the Missouri compromise, and there seems to have been no

general Southern demand that it should do so. But Douglas had become

intoxicated by the unexpected success of his "popular sovereignty"

make-shift in regard to the Territories of 1850; and a notice of an

amendment to be offered by a southern senator, abrogating the Missouri

compromise, was threat or excuse sufficient to bring him to withdraw the

bill. A week later, it was re-introduced with the addition of "popular

sovereignty": all questions pertaining to slavery in these Territories,

and in the States to be formed from them, were to be left to the

decision of the people, through their representatives; and the Missouri

compromise of 1820 was declared "inoperative and void," as inconsistent

with the principles of the territorial legislation of 1850. It must

be remembered that the "non-intervention" of 1850 had been confessedly

based on no constitutional principle whatever, but was purely a matter

of expediency; and that "non-intervention" in Utah and New Mexico was no

more inconsistent with the prohibition of slavery in Kansas and Nebraska

than "non-intervention" in the Southwest Territory, sixty years before,

had been inconsistent with the prohibition of slavery in the Northwest

Territory. Whether Douglas is to be considered as too scrupulous, or too

timid, or too willing to be terrified, it is certain that his action was

unnecessary.

After a struggle of some months, the Kansas-Nebraska bill became law.

The Missouri compromise was abrogated, and the question of the extension

of slavery to the territories was adrift again, never to be got rid of

except through the abolition of slavery itself by war. The demands of

the South had now come fully abreast with the proposal of Douglas:

that slavery should have permission to enter all the Territories, if

it could. The opponents of the extension of slavery, at first under the

name of "Anti-Nebraska men," then of the Republican party, carried the

elections for representatives in Congress in 1854-'55, and narrowly

missed carrying the Presidential election of 1856. The percentage

of Democratic losses in the congressional districts of the North was

sufficient to leave Douglas with hardly any supporters in Congress from

his own section. The Democratic party was converted at once into a

solid South, with a northern attachment of popular votes which was not

sufficient to control very many Congressmen or electoral votes.

Immigration into Kansas was organized at once by leading men of the two

sections, with the common design of securing a majority of the voters of

the territory and applying "popular sovereignty" for or against slavery.

The first sudden inroad of Missouri intruders was successful in securing

a pro-slavery legislature and laws; but within two years the stream

of free-State immigration had become so powerful,in spite of murder,

outrage, and open civil war, that it was very evident that Kansas was

to be a free-State. Its expiring territorial legislature endeavored

to outwit its constituents by applying for admission as a slave State,

under the Lecompton constitution; but the Douglas Democrats could not

support the attempt, and it was defeated. Kansas, however, remained a

territory until 1861.

The cruelties of this Kansas episode could not but be reflected in the

feelings of the two sections and in Congress. In the former it showed

too plainly that the divergence of the two sections, indicated in

Calhoun's speech of 1850, had widened to an absolute separation in

thought, feeling, and purpose. In the latter the debates assumed a

virulence which is illustrated by the speeches on the Sumner assault.

The current of events had at least carried the sections far enough apart

to give striking distance; and the excuse for action was supplied by the

Dred Scott decision in 1857.

Dred Scott, a Missouri slave, claiming to be a free man under the

Missouri compromise of 1820, had sued his master, and the case had

reached the Supreme Court. A majority of the justices agreed in

dismissing the suit; but, as nearly every justice filed an opinion, and

as nearly every opinion disagreed with the other opinions on one or

more points, it is not easy to see what else is covered by the decision.

Nevertheless, the opinion of the Chief justice, Roger B. Taney,

attracted general attention by the strength of its argument and the

character of its views. It asserted, in brief, that no slave could

become a citizen of the United States, even by enfranchisement or State

law; that the prohibition of slavery by the Missouri compromise of 1820

was unconstitutional and void; that the Constitution recognized property

in slaves, and was framed for the protection of property; that Congress

had no rights or duties in the territories but such as were granted or

imposed by the Constitution; and that, therefore, Congress was bound

not merely not to forbid slavery, but to actively protect slavery in

the Territories. This was just the ground which had always been held by

Calhoun, though the South had not supported him in it. Now the South,

rejecting Douglas and his "popular sovereignty," was united in its

devotion to the decision of the Supreme Court, and called upon the North

to yield unhesitating obedience to that body which Webster in 1830 had

styled the ultimate arbiter of constitutional questions. This, it was

evident, could never be. No respectable authority at the North pretended

to uphold the keystone of Taney's argument, that slaves were regarded as

property by the Constitution. On the contrary, it was agreed everywhere

by those whose opinions were looked to with respect, that slaves were

regarded by the Constitution as "persons held to service or labor" under

the laws of the State alone; and that the laws of the State could not

give such persons a fictitious legal character outside of the State's

jurisdiction. Even the Douglas Democrats, who expressed a willingness to

yield to the Supreme Court's decision, did not profess to uphold Taney's

share in it.

As the Presidential election of 1860 drew near, the evidences of

separation became more manifest. The absorption of northern Democrats

into the Republican party increased until Douglas, in 1858, narrowly

escaped defeat in his contest with Lincoln for a re-election to the

Senate from Illinois. In 1860 the Republicans nominated Lincoln for

the Presidency on a platform demanding prohibition of slavery in

the Territories. The southern delegates seceded from the Democratic

convention, and nominated Breckenridge, on a platform demanding

congressional protection of slavery in the Territories. The remainder of

the Democratic convention nominated Douglas, with a declaration of its

willingness to submit to the decision of the Supreme Court on questions

of constitutional law. The remnants of the former Whig and American

parties, under the name of the Constitutional Union party, nominated

Bell without any declaration of principles. Lincoln received a majority

of the electoral votes, and became President. His popular vote was a

plurality.

Seward's address on the "Irrepressible Conflict," which closes this

volume, is representative of the division between the two sections, as

it stood just before the actual shock of conflict. Labor systems are

delicate things; and that which the South had adopted, of enslaving the

laboring class, was one whose influence could not help being universal

and aggressive. Every form of energy and prosperity which tended to

advance a citizen into the class of representative rulers tended also to

make him a slave owner, and to shackle his official policy and purposes

with considerations inseparable from his heavy personal interests. Men

might divide on other questions at the South; but on this question of

slavery the action of the individual had to follow the decisions of a

majority which, by the influence of ambitious aspirants for the lead,

was continually becoming more aggressive. In constitutional countries,

defections to the minority are a steady check upon an aggressive

majority; but the southern majority was a steam engine without a safety

valve.

In this sense Seward and Lincoln, in 1858, were correct; the labor

system of the South was not only a menace to the whole country, but one

which could neither decrease nor stand still. It was intolerable by

the laws of its being; and it could be got rid of only by allowing

a peaceable secession, or by abolishing it through war. The material

prosperity which has followed the adoption of the latter alternative,

apart from the moral aspects of the case, is enough to show that the

South has gained more than all that slavery lost.

[Illustration: Rufus King]

RUFUS KING,

OF NEW YORK. (BORN 1755, DIED 1827.)

ON THE MISSOURI BILL--UNITED STATES SENATE,

FEBRUARY 11 AND 14, 1820.

The Constitution declares "that Congress shall have power to dispose of,

and make all needful rules and regulations respecting the territory and

other property of the United States." Under this power Congress have

passed laws for the survey and sale of the public lands; for the

division of the same into separate territories; and have ordained for

each of them a constitution, a plan of temporary government, whereby

the civil and political rights of the inhabitants are regulated, and the

rights of conscience and other natural rights are protected.

The power to make all needful regulations, includes the power to

determine what regulations are needful; and if a regulation prohibiting

slavery within any territory of the United States be, as it has been,

deemed needful, Congress possess the power to make the same, and,

moreover, to pass all laws necessary to carry this power into execution.

The territory of Missouri is a portion of Louisiana, which was purchased

of France, and belongs to the United States in full dominion; in the

language of the Constitution, Missouri is their territory or property,

and is subject like other territories of the United States, to the

regulations and temporary government, which has been, or shall be

prescribed by Congress. The clause of the Constitution which grants this

power to Congress, is so comprehensive and unambiguous, and its purpose

so manifest, that commentary will not render the power, or the object of

its establishment, more explicit or plain.

The Constitution further provides that "new States may be admitted

by Congress into this Union." As this power is conferred without

limitation, the time, terms, and circumstances of the admission of new

States, are referred to the discretion of Congress; which may admit new

States, but are not obliged to do so--of right no new State can demand

admission into the Union, unless such demand be founded upon some

previous engagement of the United States.

When admitted by Congress into the Union, whether by compact or

otherwise, the new State becomes entitled to the enjoyment of the same

rights, and bound to perform the like duties as the other States;

and its citizens will be entitled to all privileges and immunities of

citizens in the several States.

The citizens of each State possess rights, and owe duties that are

peculiar to, and arise out of the Constitution and laws of the several

States. These rights and duties differ from each other in the different

States, and among these differences none is so remarkable or important

as that which proceeds from the Constitution and laws of the several

States respecting slavery; the same being permitted in some States and

forbidden in others.

The question respecting slavery in the old thirteen States had been

decided and settled before the adoption of the Constitution, which

grants no power to Congress to interfere with, or to change what had

been so previously settled. The slave States, therefore, are free

to continue or to abolish slavery. Since the year 1808 Congress have

possessed power to prohibit and have prohibited the further migration

or importation of slaves into any of the old thirteen States, and at all

times, under the Constitution, have had power to prohibit such migration

or importation into any of the new States or territories of the United

States. The Constitution contains no express provision respecting

slavery in a new State that may be admitted into the Union; every

regulation upon this subject belongs to the power whose consent is

necessary to the formation and admission of new States into the Union.

Congress may, therefore, make it a condition of the admission of a new

State, that slavery shall be forever prohibited within the same. We may,

with the more confidence, pronounce this to be the true construction

of the Constitution, as it has been so amply confirmed by the past

decisions of Congress.

Although the articles of confederation were drawn up and approved by

the old Congress, in the year 1777, and soon afterwards were ratified by

some of the States, their complete ratification did not take place until

the year 1781. The States which possessed small and already settled

territory, withheld their ratification, in order to obtain from the

large States a cession to the United States of a portion of their vacant

territory. Without entering into the reasons on which this demand was

urged, it is well known that they had an influence on Massachusetts,

Connecticut, New York, and Virginia, which States ceded to the United

States their respective claims to the territory lying northwest of the

river Ohio. This cession was made on the express condition, that the

ceded territory should be sold for the common benefit of the United

States; that it should be laid out into States, and that the States

so laid out should form distinct republican States, and be admitted as

members of the Federal Union, having the same rights of sovereignty,

freedom, and independence as the other States. Of the four States which

made this cession, two permitted, and the other two prohibited slavery.

The United States having in this manner become proprietors of

the extensive territory northwest of the river Ohio, although the

confederation contained no express provision upon the subject, Congress,

the only representatives of the United States, assumed as incident

to their office, the power to dispose of this territory; and for this

purpose, to divide the same into distinct States, to provide for the

temporary government of the inhabitants thereof, and for their ultimate

admission as new States into the Federal Union.

The ordinance for those purposes, which was passed by Congress in 1787,

contains certain articles, which are called "Articles of compact between

the original States and the people and States within the said territory,

for ever to remain unalterable, unless by common consent." The sixth

of those unalterable articles provides, "that there shall be neither

slavery nor involuntary servitude in the said territory."

The Constitution of the United States supplies the defect that existed

in the articles of confederation, and has vested Congress, as has been

stated, with ample powers on this important subject. Accordingly,

the ordinance of 1787, passed by the old Congress, was ratified and

confirmed by an act of the new Congress during their first session under

the Constitution.

The State of Virginia, which ceded to the United States her claims to

this territory, consented by her delegates in the old Congress to this

ordinance--not only Virginia, but North Carolina, South Carolina, and

Georgia, by the unanimous votes of their delegates in the old Congress,

approved of the ordinance of 1787, by which slavery is forever abolished

in the territory northwest of the river Ohio.

Without the votes of these States, the ordinance could not have passed;

and there is no recollection of an opposition from any of these States

to the act of confirmation, passed under the actual Constitution.

Slavery had long been established in these States--the evil was felt in

their institutions, laws, and habits, and could not easily or at once be

abolished. But these votes so honorable to these States, satisfactorily

demonstrate their unwillingness to permit the extension of slavery into

the new States which might be admitted by Congress into the Union.

The States of Ohio, Indiana, and Illinois, on the northwest of the river

Ohio, have been admitted by Congress into the Union, on the condition

and conformably to the article of compact, contained in the ordinance

of 1787, and by which it is declared that there shall be neither slavery

nor involuntary servitude in any of the said States.

Although Congress possess the power of making the exclusion of slavery a

part or condition of the act admitting a new State into the Union, they

may, in special cases, and for sufficient reasons, forbear to exercise

this power. Thus Kentucky and Vermont were admitted as new States into

the Union, without making the abolition of slavery the condition of

their admission. In Vermont, slavery never existed; her laws excluding

the same. Kentucky was formed out of, and settled by, Virginia, and

the inhabitants of Kentucky, equally with those of Virginia, by

fair interpretation of the Constitution, were exempt from all such

interference of Congress, as might disturb or impair the security of

their property in slaves. The western territory of North Carolina and

Georgia, having been partially granted and settled under the authority

of these States, before the cession thereof to the United States, and

these States being original parties to the Constitution which recognizes

the existence of slavery, no measure restraining slavery could be

applied by Congress to this territory. But to remove all doubt on this

head, it was made a condition of the cession of this territory to the

United States, that the ordinance of 1787, except the sixth article

thereof, respecting slavery, should be applied to the same; and that

the sixth article should not be so applied. Accordingly, the States of

Tennessee, Mississippi, and Alabama, comprehending the territory ceded

to the United States by North Carolina and Georgia, have been admitted

as new States into the Union, without a provision, by which slavery

shall be excluded from the same. According to this abstract of the

proceedings of Congress in the admission of new States into the Union,

of the eight new States within the original limits of the United States,

four have been admitted without an article excluding slavery; three have

been admitted on the condition that slavery should be excluded; and one

admitted without such condition. In the few first cases, Congress were

restrained from exercising the power to exclude slavery; in the next

three, they exercised this power; and in the last, it was unnecessary to

do so, slavery being excluded by the State Constitution.

The province of Louisiana, soon after its cession to the United States,

was divided into two territories, comprehending such parts thereof as

were contiguous to the river Mississippi, being the only parts of the

province that were inhabited. The foreign language, laws, customs,

and manners of the inhabitants, required the immediate and cautious

attention of Congress, which, instead of extending, in the first

instance, to these territories the ordinance of 1787, ordained special

regulations for the government of the same. These regulations were from

time to time revised and altered, as observation and experience showed

to be expedient, and as was deemed most likely to encourage and

promote those changes which would soonest qualify the inhabitants for

self-government and admission into the Union. When the United States

took possession of the province of Louisiana in 1804, it was estimated

to contain 50,000 white inhabitants, 40,000 slaves, and 2,000 free

persons of color.

More than four-fifths of the whites, and all the slaves, except about

thirteen hundred, inhabited New Orleans and the adjacent territory; the

residue, consisting of less than ten thousand whites, and about thirteen

hundred slaves, were dispersed throughout the country now included in

the Arkansas and Missouri territories. The greater part of the thirteen

hundred slaves were in the Missouri territory, some of them having been

removed thither from the old French settlements on the east side of

the Mississippi, after the passing of the ordinance of 1787, by which

slavery in those settlements was abolished.

In 1812, the territory of New Orleans, to which the ordinance of

1787, with the exception of certain parts thereof, had been previously

extended, was permitted by Congress to form a Constitution and State

Government, and admitted as a new State into the Union, by the name

of Louisiana. The acts of Congress for these purposes, in addition to

sundry important provisions respecting rivers and public lands, which

are declared to be irrevocable unless by common consent, annex other

terms and conditions, whereby it is established, not only that the

Constitution of Louisiana should be republican, but that it should

contain the fundamental principles of civil and religious liberty,

that it should secure to the citizens the trial by jury in all criminal

cases, and the privilege of the writ of habeas corpus according to the

Constitution of the United States; and after its admission into the

Union, that the laws which Louisiana might pass, should be promulgated;

its records of every description preserved; and its judicial and

legislative proceedings conducted in the language in which the laws and

judicial proceedings of the United States are published and conducted.

* * * * *

Having annexed these new and extraordinary conditions to the act for the

admission of Louisiana into the Union, Congress may, if they shall deem

it expedient, annex the like conditions to the act for the admission of

Missouri; and, moreover, as in the case of Ohio, Indiana, and Illinois,

provide by an article for that purpose, that slavery shall not exist

within the same.

Admitting this construction of the Constitution, it is alleged that the

power by which Congress excluded slavery from the States north-west of

the river Ohio, is suspended in respect to the States that may be formed

in the province of Louisiana. The article of the treaty referred to

declares: "That the inhabitants of the territory shall be incorporated

in the Union of the United States, and admitted as soon as possible;

according to the principles of the Federal Constitution, to the

enjoyment of all rights, advantages, and immunities of citizens of

the United States; and in the meantime, they shall be maintained and

protected in the free enjoyment of their liberty, property, and the

religion which they profess."

American Eloquence, Volume 2 Studies In American Political History (1896) · 第 1 / 16 段