Mr. Badger further charges me with invoking all the calamities he

enumerates, “rather than permit one man who now stands upon the soil

of North Carolina a slave, to stand a slave upon the soil of New

Mexico.” This statement is not merely forced, but fabricated. Surely I

said no such thing. I intimated nor hinted at, nor thought of such a

thing. There may be little choice whether any one man who now “stands

a slave,” shall “stand a slave” in one place or in another, _if that

be all_. In a national point of view, and looking at the subject as

a statesman, the sentiment imputed to me is simply ridiculous. But

this wrongful imputation of such a sentiment, without substance or

semblance to justify it, is far worse than ridiculous; it becomes

unjust and ungenerous; and is none the less so for being made in a

place where he knew I could not repel it. The whole scope and stress

of my argument went against yielding any such portion of our new

acquisitions to slavery as would form either a state or a territory.

The eight or ten southern legislatures, the eight or ten governors

of southern states, the southern Senators and Representatives in

Congress, and the confederates in getting up the Nashville Convention,

have never, to my knowledge, proposed a compromise on the platform of

a “_one foot_” territory, or expressed their readiness to spare the

Union if “one man who stands a slave in North Carolina,” is permitted

to “stand a slave in New Mexico.” When such an issue is brought

forward seriously, it will be met seriously. But the real issue on

this point is, (and the senator must know it,) whether the victims of

slavery shall be indefinitely multiplied by the addition to its domain

of regions now free. That the creation of a new slave territory will

increase the victims of slavery, is a proposition too plain to be

argued. To deny this, is to assert that if slavery had been confined

to the State of Virginia, or to the settlement at Jamestown, where the

first cargo of slaves was landed, the present number of slaves in this

country would be no less than it now is; or, in other words, there

would now be three millions of slaves within the limits of Virginia,

or within the limits of Jamestown.

I have made this reply to the honorable senator from North Carolina

with great reluctance, and from no motive of personal unkindness. I

have long been accustomed to regard his character with respect, and

his opinions with deference; and I am happy in an opportunity to

express a feeling of personal gratitude for his former endeavors to

avert from the councils of the nation the subject-matter of this most

lamentable contention.

Very truly, yours, &c., HORACE MANN.

WASHINGTON, March 28, 1850.

P. S. Another point in the honorable senator’s speech, in which he

attempts to vindicate the penal slave code of North Carolina and

of the other Southern States from the taint of cupidity, may be

safely left without comment to intelligent men. Every student of the

_criminal_ legislation of the Southern States in regard to slaves,

knows that their laws are replete with proofs where the sensibilities

of a man are sacrificed to the spirit of gain.

FOOTNOTES:

[8] In February, 1847, Mr. Calhoun offered a series of resolutions in

the Senate of the United States, among which was the following:--

“_Resolved_, That it is a fundamental principle in our political creed,

that a people, in forming a constitution, have the unconditional right

to form and adopt the government which they may think best calculated

to secure their liberty, prosperity and happiness; and, in conformity

thereto, no other condition is imposed by the Federal Constitution

on a state, in order to be admitted into this Union, except that its

constitution shall be “republican;” and that the imposition of any

other by Congress would not only be in violation of the constitution,

but in direct conflict with the principle on which our political system

rests.”

In sustaining these resolutions, he said,--

“Sir, I hold it to be a fundamental principle of our political system

that the people have a right to establish what government they may

think proper for themselves; that every state ABOUT to become a member

of this Union has a right to FORM ITS OWN GOVERNMENT AS IT PLEASES;

and that, in order to be admitted, there is but one qualification, and

that is, that the government shall be republican. There is no express

provision to that effect, but it results from that important section

which guaranties to every state in this Union a republican form of

government.”

Mr. Senator Downs, of Louisiana, offered the following resolution:--

“_Resolved_, That it is competent and expedient, and not inconsistent

with the practice of the government in some cases, to admit California,

or such portion of it as Congress may deem proper, immediately into

the Union, on an equal footing with the other states; and that the

committee on ---- be instructed to report a bill for that purpose, for

that portion of California which lies west of the summit of the Sierra

Nevada mountains.”

* * * * *

The doctrine of these resolutions was fully indorsed by the Washington

_Union_, speaking, doubtless, (for it never spoke any thing else,) the

sentiments of the then administration.

“The south denies that Congress has any jurisdiction over the subject

of slavery, and contends that the _people of the territories alone_,

when they frame a constitution, preparatory to admission into the

Union, _have a right to speak and be heard on that matter_. This fact

being settled, _it really seems to us that this exciting question might

be speedily adjusted_, if calm counsels prevail. The south contends

for her honor, and for the great principles of non-intervention and

state equality. _Why, then, cannot all unite, and permit California to

come into the Union as soon as she can frame a constitution?_ Then,

according to the doctrines which prevail on both sides of Mason’s

and Dixon’s line, she may constitutionally establish her domestic

institutions on any basis consistent with republican principles. _The

south could lose nothing by adopting this course. On the contrary, she

would save all for which she contends._”

MR. BADGER’S REPLY.

TO THE EDITORS OF THE NATIONAL INTELLIGENCER;

A communication in your paper of yesterday, from the Hon. HORACE MANN,

of the House of Representatives, seems to require a brief notice from

me.

The honorable gentleman accuses me of having treated him with gross

injustice in a recent speech, in which I referred to the closing

paragraph of a speech of his, and made some comments thereupon.

Now, in what consists the injustice? I quoted that paragraph from his

speech, and he does not deny that it was quoted truly. There is not a

word or syllable attributed to him, not a word or syllable alleged or

insinuated to have been spoken by him, except that paragraph, and that

he admits was spoken and printed by him just as I quoted it. Then, in

the statement of his language, I have done him no injustice.

In my comments, I gave “in other words,”--in my own words,--what I

deemed a true interpretation of his; and, as I attributed to him no

language which he did not use; as every thing to which he objects

is, and upon the face of my remarks plainly purports to be, merely

my own commentary upon the single quotation correctly taken from

the gentleman’s speech, it is very obvious that I have “fabricated”

nothing. Whether the interpretation given to the honorable gentleman’s

language be correct or incorrect, a just carrying of it out to its

true results, or an unfair exaggeration, intelligent men will be able

to decide from the reading of my speech, which presents together both

the text and the commentary, and to them I am willing to leave it.

But the gentleman says that in his speech he “discussed the question

of extending slavery over our territories,” and that “no more slave

territories and no more slave states was the exact ground” he took.

And what has that to do with the matter of his complaint against me?

I referred not to his discussion, or the grounds taken in it. I was

not considering the course or validity of his reasoning, but the

conclusion at which he arrived. That was set down in his speech in

these words:--

“In conclusion, I have only to add, that such is my solemn and abiding

conviction of the character of slavery, that, under a full sense of my

responsibility to my country and my God, I deliberately say, better

disunion,--better a civil or a servile war,--better any thing that

God in his providence shall send, than _an extension of the bounds of

slavery_.”

Here is no reference to any particular degree, kind, or manner

of extending slavery. He speaks not of the “proposed or desired

extension,” of “extension into our territories,” or even of “_the_

extension,” but he speaks of “an extension of the bounds of slavery,”

without a reference to any thing in the speech or elsewhere by which

the generality of his language might be modified or explained. To

refer, therefore, to the speech in order to understand the import of

this general conclusion, is idle. If the reasoning in the speech be

particular, and the deduction general, there would be the logical

defect of a conclusion too large for the premises, but the _meanings_

of the conclusion would remain, and the want of reasoning to support it

would not abate aught of its unmitigated and sweeping generality.

It is evident, then, that, whether supported by any reasoning,

particular or general, the gentleman’s conclusion remains, that

disunion, civil war, servile war, with certain undefined judgments

of Heaven besides, are preferable to “an extension of the bounds of

slavery;” but the indefinite article “an” is here exactly equivalent

to “any,” and therefore whatever amounts to “any extension,” however

small,--a square mile, or acre, or foot,--is strictly within the

meaning of the language which he has thought proper deliberately to

retain in his printed speech.

But I accept willingly the explanation now given of his meaning, and

only regret that, when writing out his speech, he did not then give the

explanation which converts his general into a particular proposition.

By this explanation I learn that, in his conclusion, he meant to speak

not of any extension, however small, but of an extension of slavery in

our territories.

Then the gentleman’s conclusion, as modified by himself, will be thus:

“Better disunion,” [the dissolution of our government and destruction

of the Union formed by our fathers;] “better a civil or a servile war,”

[the most disastrous, ferocious, and cruel of all wars;] “better any

thing that God in his providence shall send,” [for example, pestilence

and famine;] “than an extension of the bounds of slavery” over our

territories!

I cheerfully submit to all “intelligent men,” if they are at the same

time humane and patriotic, to pass upon such a sentiment. To his own

intelligent, patriotic, and humane constituents, I submit it, with

entire confidence that it will not meet their approval; but, on the

contrary, that they will regard the honorable gentleman as having been

betrayed by the pervading excitement on the slavery question, into an

extravagant,--I will not say fanatical,--declaration, which he is not

able to defend, or willing, as yet, to retract or qualify.

I had believed that the honorable gentleman had, under the exciting

influence of discussion, unconsciously done injustice to my own state,

but a remark added to his communication would perhaps justify me, if

inclined to judge unkindly, in supposing that the wrong was wilful. But

I am not so inclined, and draw no such conclusion. I infer, rather,

that the bewildering excitement under which the speech was made has

not yet passed away, but still continues to influence unfavorably the

otherwise clear understanding and fair and upright purposes of the

honorable gentleman.

GEO. E. BADGER.

WASHINGTON, March 30, 1850.

MR. MANN’S REJOINDER.

MESSRS. EDITORS; Your paper of this morning contains a communication

from the Hon. Mr. BADGER, in reply to mine of the 29th ultimo. I ask

your indulgence while I briefly answer him.

My complaint was, that he had taken half a dozen lines from my speech,

and had attributed a meaning to them, in some respects odious, in

other respects ridiculous, and in all respects unwarrantable. By

his own admission, too, he had done this without reading the speech

itself; when, had he accorded to me the justice of hearing me before

he condemned me, he would have found that both subject-matter and

context confuted his interpretation.

His first reply is, that he did not “attribute” to me “a word” nor “a

syllable” which I did not use; and, repeating himself, he adds, that

he did not “allege” or “insinuate” a “word” nor “a syllable” that I

now deny. In view of this he asks, with an air of triumph, “In what

consists the injustice?”

I answer, as before; the injustice consists in giving a false

meaning to true “words” and “syllables,”--a meaning which both the

subject-matter and context of my speech repudiate. I do not see that

it is less unjustifiable to attach false meanings to words correctly

quoted, than to forge quotations. Surely, the honorable senator is too

good a lawyer to be ignorant of the maxim, “_qui hæret in litera_”

&c.; and too good a theologian not to have read that “the letter

killeth” if divorced from the spirit. When Beaumont and Fletcher were

closeted together to devise the plan of one of their joint plays, in

which a king was to be killed, they were severally overheard to say,

“I will kill the king,” and “I will kill the king;” whereupon they

were arrested, transported to London, and arraigned for conspiring the

death of the reigning sovereign. Suppose them to have been convicted

of treason and gibbeted; could not the perjured informer, with a

charming and childlike simplicity, have used the exact language

of Mr. BADGER, and said, I testified to the exact “_words_” and

“_syllables_.” “In what consists the injustice?”

But the honorable senator goes on to say, that he had no concern

with my _speech_, but only with my _conclusion_. His language is, “I

was not considering the course or validity of his reasoning, but the

conclusion at which he arrived.” He then repeats the quotation, and

adds, “To refer, therefore, to the speech in order to understand the

import of this conclusion, is idle.”

With all deference to the senator,--and mine is unfeignedly great,--I

submit that this is false logic and worse ethics. As well may one

declare the judgment of a court to be legal or illegal, merciful or

tyrannous, without looking back to the allegations and proofs on which

it is founded. As well may one affirm or deny the “Q. E. D.” of the

geometer, without reference to the problem or demonstration to which

it is subjoined. When a discussion exists respecting “_an extension

of the bounds of slavery_,” (and these were my words,) and I say that

I would prefer certain enumerated evils rather than the extension in

controversy, it surely becomes all-important to know whether that

extension is to embrace the whole earth and to extend through all

time, or whether it is only the addition of one atom or granule to

existing slave territory, or of one respiration, or one heart-beat

of an existing slave, on territory now free. I affirm, then, that a

knowledge of the premises _is_ indispensable to a judgment on the

conclusion.

But he accepts my explanation, and then appeals from me to what he

is pleased to call, (and I thank him for the justice that prompted

the well-deserved compliment,) my “intelligent, patriotic, and

humane constituents,”--“with entire confidence that it will not meet

their approval.” I gladly join in this appeal. As “_intelligent_”

men, my constituents foresee that the extension of slavery over our

territories will not only be an unspeakable crime in itself, but will

be converted into the means of future unspeakable crimes in further

extensions. As “_patriotic_” men, they prefer to bear any calamity

that may come upon themselves, rather than to devolve accumulated

calamities, growing out of their own dereliction from duty, upon

their posterity. As “_humane_” men, they would deprecate and forefend

that greatest of inhumanities, the dooming of increased thousands and

millions of their fellow-men to the dreadful inheritance of bondage.

And as religious men,--as men who “tremble when they reflect that

God is just, and that his justice will not sleep forever,”--they

mean to use all constitutional means to arrest the slave-creating

and slave-extending policy of this government, let the two or three

hundred thousand slaveholders among our twenty millions of people do

what they will.

That the bearings of the subject may be rightly understood, it should

be remembered that my speech was made on the 15th of February,

after ten weeks of threatened disunion on certain specified and

not improbable contingencies. “My conclusion,” therefore, was not

_aggressive_, but _submissive_. I only declared which branch of their

proffered alternative I should prefer.

The closing paragraph of the respected senator’s communication alludes

to the _motives_ of those wide and painful differences which are

made between the whites and the slaves in the _criminal_ legislation

of the Southern States. Nothing could be more edifying, as to the

demoralizing nature of slavery and its effects upon men, who, like

the senator, are otherwise honorable and generous, than a comparison

of the two codes of law and the two systems of jurisprudence which

the rulers have respectively established for themselves and for their

bondmen. The laws or customs known to civilized men and to barbarians

are not more diverse. It would be rash and reckless in me to encounter

the distinguished senator on any other subject; but on this I would

say, as was said by a knight in an old tournament, that he had such

confidence in the justness of his cause that he would give his

adversary the advantage of sun and wind.

HORACE MANN.

WASHINGTON, April 1, 1850.

LETTERS

ON THE EXTENSION OF SLAVERY INTO CALIFORNIA AND NEW MEXICO; AND ON THE

DUTY OF CONGRESS TO PROVIDE THE TRIAL BY JURY FOR ALLEGED FUGITIVE

SLAVES.

HON. HORACE MANN;

Dear Sir,--Having learned that you are spending a few days at home,

and approving the course you have pursued in Congress, in maintaining

so ably the sentiments and convictions which we maintain and cherish

on the great national questions of the day, we respectfully request

you, before returning to Washington, to give your constituents an

opportunity of hearing somewhat more at length than the hour rule would

allow, your views and opinions upon the question of the immediate

admission of California, and other questions now before Congress,

arising out of the acquisition of territory by the treaty with Mexico.

Should you comply with our request, please name some day which will be

convenient for you, that we may give seasonable notice through your

district.

_Dedham._

JAMES RICHARDSON,

I. CLEVELAND,

JOHN GARDNER.

_Roxbury._

DAVID A. SIMMONS,

G. R. RUSSELL,

JOSEPH H. BILLINGS,

L. M. SARGENT,

JOHN J. CLARKE,

JOS. N. BREWER,

WM. A. CRAFTS,

WM. CAPEN,

FRANCIS HILLIARD,

DANIEL JACKSON,

J. B. KETTELL.

_Brookline._

CHARLES WILD,

MARSHALL STEARNS,

WM. DEARBORN,

G. GRIGGS,

DAVID WILDER, Jr.,

G. F. HOMER.

_Dorchester._

E. SHARPE,

N. F. SAFFORD,

J. G. NAZRO.

_Brighton_, J. BRECK.

_Foxboro’_, A. HODGES.

_Walpole_, A. BIGELOW.

_Randolph_, J. WALES.

_Quincy_, L. RICHARDS.

_Franklin_, L. HARDING.

_Stoughton_, J. SMITH.

_Milton_, J. REED.

_Cohasset_, GEO. BEAL.

_Newton._

E. C. DYER,

R. E. PATTERSON,

W. S. WHITWELL.

_Hingham._

C. W. CUSHING.

April 23d, 1850.

LETTER I.

WEST NEWTON, May 3, 1850.

To the Hon. James Richardson, I. Cleveland, and John Gardner, of

Dedham; Hon. D. A. Simmons, John J. Clarke, Francis Hilliard, and

George R. Russell, of Roxbury, &c., &c.

GENTLEMEN;

Having been called home on account of sickness in my family, I have

just received, at this place, your kind invitation to meet and address

my constituents of the 8th Congressional District, and to give them my

“_views and opinions upon the question of the immediate admission of

California, and other questions now before Congress, arising out of the

acquisition of territory by the treaty with Mexico_.”

A request from so high a source has almost the force of a command. Yet

I dare not promise to comply. I am liable at any moment to be recalled,

and, instead of speaking here, to vote there, upon the questions to

which you refer. I might be summoned to return on the day appointed for

us to meet. The only alternative, therefore, which is left me, is to

address you by letter. This I will do, if I can find time. I shall thus

comply with your request, in substance, if not in form.

On many accounts, I have the extremest reluctance to appear before the

public on the present occasion. My views, on some vital questions,

differ most materially from those of gentlemen for whom I have

felt the profoundest respect; and for some of whom I cherish the

strongest personal attachment. But I feel, on the other hand, that

my constituents, having intrusted to me some of their most precious

interests, are entitled to know my “views and opinions” respecting the

hopes and the dangers that encompass them. I shall not, therefore, take

the responsibility of declining.

I will premise further, that my relations to political parties, for

many years past, have left me as free from all partisan bias “as

the lot of humanity will admit.” For twelve years I held an office

whose duties required me to abstain from all active coöperation in

political conflicts; and that duty was so religiously fulfilled, that,

to my knowledge, I was never charged with its violation. During the

Presidential contest of 1848, those obligations of neutrality still

rested upon me. For a year afterwards, I was not called upon to do

any official act displeasing to any party amongst us. This interval

I employed in forming the best opinion I could of public men and

measures, and their influence upon the moral and industrial interests

of the country. I had long entertained most decided convictions in

favor of protecting American labor, in favor of cheap postage, and of

security to the lives and property of our fellow-citizens engaged in

commerce. But a new question had arisen,--the great question of freedom

or slavery in our recently acquired territories,--and this question I

deemed, for the time being, to be, though not exclusive of others, yet

paramount to them. Or rather, I saw that nothing could be so favorable

to all the last-named interests, as the proper adjustment of the first.

He who would provide for the welfare of mankind, must first provide for

their liberty.

Sympathizing, then, on different points with different parties, but

exclusively bound to none, I stood, in reference to the great question

of territorial freedom or slavery, in the position of the _true_ mother

in the litigation before Solomon, preferring that the object of my love

should be spared in the hands of any one, rather than perish in my own.

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