All the country west of the Mississippi was acquired by the same

treaty, and on the same terms, and the people in every part have

the same rights; but, if the amendment be adopted, Missouri will

not have the same rights which Louisiana now enjoys. She has been

admitted into the Union as a full sister, but her twin-sister,

Missouri, under the proposed amendment, is to be admitted as a

sister of the half-blood, or rather as a stepdaughter, under an

unjust stepmother--for what? Because she, as well as Louisiana,

performed well her part during the late war, and because she has

never given the general government any trouble. The operation

of the amendment is unjust as it relates to the people who have

moved there from other States. They carried with them the property

which was common in the States they left, secured to them by the

Constitution and laws of the United States as well as by the treaty.

There they purchased public lands and settled with their slaves,

without a single objection to their owning and carrying them; but

now, unfortunately for them, after they have been to the trouble

and expense of building houses and clearing plantations in the new

country it has been discovered that they had no right to carry their

slaves with them and that they must now move and make room for those

who are considered a better people. The country was bought with the

money of all, slaveholders as well as those who are not; and every

one knew when he bought land and moved with his property he had a

perfect right to do so. And no one till last session ever said to

the contrary or moved the restriction about slaves. The object now

avowed is to pen up the slaves and their owners, and not permit

them to cross the Mississippi to better their condition, where

there is room enough for all and good range for man and beast. (And

man is as much improved by moving and range as the beast of the

field.) But what is still more unaccountable, a part of the land

granted to the soldiers for their services in the late war was

laid off in Missouri expressly for the soldiers who had enlisted

in the Southern States, and would prefer living where they might

have slaves. These too are now to leave the country of their choice

and the land obtained by fighting the battles of the nation. Is

this just in a government of law, supported only by opinion? for

it is not pretended that it is a government of force. In the most

alarming state of our affairs at home--and some of them have an

ugly appearance--public opinion alone has corrected and changed

that which seemed to threaten disorder and ill-will into order and

good-will, except once, when the military was called out in 1791.

Let this be compared to the case of individuals and it will not be

found to be more favorable to the amendment than the real case just

stated. A and B buy a tract of land large enough for both and for

their children, and settle it, build houses and open plantations.

When they have got it in good way to live comfortably, after ten

or fifteen years, A thinks there is not too much for him and his

children, and that they can, a long time hence, settle and cultivate

the whole land. He then for the first time tells B that he has some

property he does not like, and that he must get clear of it or move.

B states the bargain. A answers that it is true he understood it so

until of late, but that move he must or get clear of his property;

for that property should not be in his way. The kind or quality of

property cannot affect the question.

A wise legislature will always consider the character, condition

and feelings of those to be legislated for. In a government and

people like ours this is indispensable. The question now under

debate demands this consideration. To a part of the United States,

and that part which supports the amendment, it cannot be important

except as it is made so by the circumstances of the time. In all

questions like the present, in the United States, the strong may

yield without disgrace even in their own opinion; the weak cannot.

Hence the propriety of not attempting to impose this new condition

on the people of Missouri. Their numbers are few compared to those

of the whole United States. Let the United States then abandon this

new scheme, let their magnanimity and not their power be felt by

the people of Missouri. The attempt to govern too much has produced

every civil war that ever has been, and probably every one that ever

may be. All governments, no matter what their form, want more power

and more authority, and all the governed want less government. Great

Britain lost the United States by attempting to govern too much and

to introduce new principles of governing. The United States would

not submit to the attempt, and earnestly endeavored to persuade

Great Britain to abandon it, but in vain. The United States would

not yield, and the result is known to the world. The battle is not

always to the strong nor the race to the swift. What reason have

we to expect that we can persuade Missouri to yield to our opinion

that did not apply as strongly to Great Britain? They are as near

akin to us as we were to Great Britain. They are "flesh of our flesh

and bone of our bone." But as to kin, when they fall out they do

not make up sooner than other people. Great Britain attempted to

govern us on a new principle, and we are attempting to establish a

new principle for the people of Missouri on becoming a State. Great

Britain attempted to collect a threepenny tax on the tea consumed

in the then colonies, which were not represented in Parliament;

and we to regulate what shall be property when Missouri becomes a

State, when she has no vote in Congress. The great English principle

of no tax without representation was violated in one case, and the

great American principle, that people are able to govern themselves,

will be violated if the amendment be adopted. Every free nation has

had some principle in its government to which more importance was

attached than to any other. The English principle was not to be

taxed without the consent of the people given in Parliament; the

American principle is the right of the people to form their State

governments in their own way, provided they be not inconsistent with

the Constitution of the United States. If the power in Congress to

pass the restriction was expressly delegated, and so clear that no

one could doubt it, in the present circumstances of the country,

it would still not be wise or prudent to do so; especially against

the consent of those who live in the territory. Their consent would

be more important to the nation than a restriction which would not

make one slave less, unless indeed they might be starved in the old

States.

Let me not be understood as wishing or intending to create any alarm

as to the intentions of the people of Missouri. I know nothing of

them. But in examining the question, we ought not to forget our own

history nor the character of those who settle on our frontiers. Your

easy chimney-corner people, the timid and fearful, never move to

them. They stay where there is no danger from an Indian or any wild

beast. They have no desire to engage the panther or the bear. It is

the bravest of the brave and the boldest of the bold who venture

there. They go not to return.

The settling of Kentucky and Tennessee during the war of the

Revolution proves in the most satisfactory manner what they can do

and will undergo, and that they will not return. The few people who

first settled there had to contend, without aid from the States,

against all the Indians bordering on the United States except the

Chickasaw and Choctaw nations, and maintained their stations. The

northern tribes, unaided by the southern, attacked the United States

since the adoption of the Constitution and defeated two armies, and

it required a third to conquer them. The frontier people in the

Revolutionary war, as well as in the late, astonished everybody by

their great exploits. Vermont, though claimed in the Revolutionary

war by New Hampshire and New York, was not inferior to any of the

States in her exertions to support independence.

The gentleman from Pennsylvania will pardon me for stating that

that State had had some experience of its government managing a

few people who would not yield obedience to its authority, though

settled within its limits. They were obliged to compromise. I mean

the Wyoming settlers. Again, since this government was in operation,

a few people settled on the Indian lands: they were ordered to move

from them, but did not obey: the military was sent to burn their

cabins. The commanding officer told them his business, and very

humanely advised them to move what property they had out of them.

This they did, and their cabins were burnt. They waited till the

troops marched, and very soon after built new cabins on the same

places and to the same chimneys.

These facts are stated to show that a contest with a people who

believe themselves right and one with a government are very

different things. It would have been very gratifying to me to have

been informed by some one of the gentlemen who support the amendment

what is intended to be done if it be adopted, and the people of

Missouri will not yield, but go on and form a State government

(having the requisite number of inhabitants agreeably to the

ordinance), as Tennessee did, and then apply for admission into the

Union. Will she be admitted, as Tennessee was, on an equal footing

with the original States, or will the application be rejected as the

British government did the petitions of the old Congress?

If you do not admit her, and she will not return to the territorial

government, will you declare the people rebels, as Great Britain did

us, and then order them to be conquered for contending for the same

rights that every State in the Union now enjoys? Will you for this,

order the father to march against son and brother against brother?

God forbid! It would be a terrible sight to behold these near

relations plunging the bayonet into each other for no other reason

than because the people of Missouri wish to be on equal footing with

the people of Louisiana. When Territories they were equal. Those who

remember the Revolution will not desire to see another civil war in

our land. They know too well the wretched scenes it will produce. If

you should declare them rebels and conquer them, will that attach

them to the Union? No one can expect this. Then do not attempt to

do that for them which was never done for others, and that which no

State would consent for Congress to do for it. If the United States

are to make conquests, do not let the first be at home. Nothing is

to be got by American conquering American. Nor ought we to forget

that we are not legislating for ourselves, and that the American

character is not yielding when rights are concerned. But why depart

from the old way, which has kept us in quiet, peace and harmony,

every one living under his own vine and fig-tree and none to make

him afraid? Why leave the road of experience, which has satisfied

all and made all happy, to take this new way, of which we have no

experience? This way leads to universal emancipation, of which we

have no experience. The Eastern and Middle States furnish none.

For years before these States emancipated their slaves they had

but few, and of them a part were sold to the South. We have no

more experience or book-learning on this subject than the French

Convention had which turned the slaves of Santo Domingo loose. Nor

can we foresee the consequences which may result from this new

motion clearer than the Convention did in their decree.

A clause in the Declaration of Independence has been read declaring

that "all men are created equal." Follow that sentiment, and does

it not lead to universal emancipation? If it will justify putting

an end to slavery in Missouri, will it not justify it in the

old States? Suppose the plan followed and all the slaves turned

loose, and the Union to continue, is it certain that the present

Constitution would last long? The rich would in such circumstances

want titles and hereditary distinctions, the negro food and raiment,

and they would be as much or more degraded than in their present

condition. The rich might hire these wretched people, and with them

attempt to change the government by trampling on the rights of those

who have only property enough to live comfortably. Opinions have

greatly changed in some of the States in a few years. The time has

been when those now called slaveholding States were thought to be

the firm and steadfast friends of the people and of liberty. Then

they were opposing an administration and a majority in Congress

supported by a sedition law; then there was not a word heard, at

least from one side, about those who actually did most toward

changing the administration and the majority in Congress, and they

were from slaveholding States. And now it would be curious to know

how many members of Congress actually hold seats in consequence of

their exertions at the time alluded to. Past services are always

forgotten when new principles are to be introduced.

It is a fact that the people who move from the non-slaveholding to

slaveholding States, when they became slaveholders, by purchase or

marriage, expect more labor from them than those do who are brought

up among them.

To the gentleman from Rhode Island (Mr. Burrill) I tender my hearty

thanks for his liberal and true statement of the treatment of

slaves in the Southern States. His observations leave but little

for me to add, which is this, that the slaves gained as much by

independence as the free. The old ones are better taken care of than

any poor in the world, and treated with decent respect by their

white acquaintances. I sincerely wish that he and the gentleman

from Pennsylvania (Mr. Roberts) would go home with me, or some

other Southern member, and witness the meeting between slaves and

owner and see the glad faces and hearty shaking of hands. This

is well described in General Moultrie's _Memoirs of the American

Revolution_, in which he gives the account of his reception by

his slaves the first time he went home after he was exchanged. He

was made prisoner at the surrender of Charleston. Could he (Mr.

Macon) have procured the book in the city he intended to have

read it to show the attachment of the slave to his owner. A fact

shall be stated. An excellent friend of mine--he too, like the

other characters which have been mentioned in the debate, was a

Virginian--had business in England which made it necessary that he

should go to that country himself or send a trusty agent. He could

not go conveniently, so he sent one of his slaves, who remained

there near a year. Upon his return he was asked by his owner how

he liked the country, and if he would have liked to stay there? He

replied that to oblige him he would have stayed; the country was

the finest he ever saw; the land was worked as nice as a square in

a garden; they had the finest horses and carriages, and houses, and

everything; but that the white servants abused his country. What

did they say? They said we owed them (the English) a heap of money,

and would not pay; to which he added, their chief food was mutton;

he saw very little bacon there. The owner can make more free in

conversation with his slave and be more easy in his company than

the rich man, where there is no slave, with the white hireling who

drives his carriage. He has no expectation that the slave will, for

the free and easy conversation, expect to call him fellow-citizen or

act improperly.

Massachusetts, Pennsylvania, and Virginia have been mentioned by

Senators in this debate, and it has frequently been said that the

two first had emancipated their slaves; from which an inference

seems to be drawn that the other might have done so: emancipation to

these gentlemen seems to be quite an easy task. It is so when there

are but very few slaves; and would be more easy did not the color

everywhere place the blacks in a degraded state. Where they enjoy

the most freedom they are there degraded. The respectable whites do

not permit them to associate with them or to be of their company

when they have parties. But if it be so easy a task, how happens it

that Virginia, which before the Revolution endeavored to put an end

to the African slave-trade, has not attempted to emancipate? It will

not be pretended that the great men of other States were superior or

greater lovers of liberty than her Randolph, the first President of

the first Congress, her Washington, her Henry, her Jefferson, or her

Nelson. None of these ever made the attempt, and their voices ought

to convince every one that it is not an easy task in that State. And

is it not wonderful, that if the Declaration of Independence gave

authority to emancipate, the patriots who made it never proposed

any plan to carry it into execution? This motion, whatever is

pretended by its friends, must lead to it. And is it not equally

wonderful that if the Constitution gives the authority, this is the

first attempt ever made, under either, by the Federal Government

to exercise it? For if under either the power is given, it will

apply as well to States as to Territories. If either intended to

give it, is it not still more wonderful that it is not given in

direct terms? The gentleman would not then be put to the trouble of

searching the Articles of Confederation, the Constitution and the

laws for a sentence or a word to form a few doubts. If the words of

the Declaration of Independence be taken as part of the Constitution

(and that they are no part of it is as true as that they are no

part of any other book), what will be the condition of the Southern

country when this shall be carried into execution? Take the most

favorable view which can be supposed, that no convulsion ensue,

that nothing like massacre or war of extermination take place as in

Santo Domingo, but that whites and blacks do not marry and produce

mulatto States, will not the whites be compelled to move and leave

their lands and houses and abandon the country to the blacks? And

are you willing to have black members of Congress? But if the scenes

of Santo Domingo should be re-acted, would not the tomahawk and the

scalping-knife be mercy?

[Illustration: ARCHIBALD D. MURPHY.]

ARCHIBALD D. MURPHY.

BY WM. A. GRAHAM.

Archibald D. Murphy was, in the generation immediately preceding

our own, one of the most eminent characters in North Carolina. In

many of the attributes of a statesman and philosopher he excelled

all his contemporaries in the State, and, in every department

of exertion to which his mind was applied, he had few equals or

seconds. As an advocate at the bar, a judge on the bench, a reporter

of the decisions of the highest court of justice, a legislator of

comprehensive intelligence, enterprise and patriotism, a literary

man of classic taste, attainments and style in composition, his

fame is a source of just pride to his friends and his country. But

for the paucity of our information, and the pressure of time and

circumstances in the preparation of this sketch, it would be a labor

of love to review his earlier years and trace the development and

progress of his career in youth. Neither materials nor leisure for

this topic, however, are now at our command.

His father, Colonel Archibald Murphy, was a conspicuous citizen of

the county of Caswell, and bore a part in the military service in

the war of the Revolution, for which the citizens of that county,

and especially of his vicinity, were greatly distinguished. The

residence of his father was about two miles from Red House, in the

congregation of Rev. Mr. McAden, a Presbyterian minister, whose son,

the late Dr. John McAden, married the daughter of Colonel Murphy,

by whom he left descendants who still survive. At this place, some

seven miles from Milton, Archibald DeBow Murphy, the subject of

our memoir, was born, we believe, in the year 1777. Of the other

children of his parents there were two brothers and four sisters.

His education, preparatory to admission into the infant University

of the State at Chapel Hill, was received in the school of the Rev.

Dr. David Caldwell, of Guilford county. Of the opportunities for

education during his youth, Mr. Murphy himself informs us that

before the University went into operation, in 1795, there were not

more than three schools in the State in which the rudiments of a

classical education could be acquired, and that the most prominent

and useful of these was that of Dr. Caldwell; that the deficiency

of books for literary instruction, except in the libraries of a few

lawyers in the commercial towns, was still greater, and by way of

illustration he relates that after completing his course of studies

under Dr. Caldwell he spent nearly two years without finding any

books to read except some old works on theological subjects, and

that then chance threw in his way Voltaire's history of Charles XII.

of Sweden, an odd volume of _Roderick Random_ and an abridgment

of _Don Quixote_. These constituted his whole stock of literary

furniture when he entered college in 1796. When we remember that

he afterwards became capable of writing like Goldsmith, and with

an ease and rapidity that Goldsmith could not have equaled, we

can but recall these reminiscences of earlier times and encourage

the diligent student by his example. With a mind delighted by a

consciousness of advancement in knowledge, and spirit of emulation,

he profited greatly by three years of study in the University, and

graduated with the highest distinction in 1799.

Such was the reputation acquired by him in this period that he

was at once appointed Professor of Ancient Languages in his _alma

mater_--a situation in which he continued the three succeeding

years, and in which he matured that scholarship and taste for

liberal studies which so much distinguished him among his

professional brethren and the educated gentlemen of the State.

His admission to the bar took place in 1802, after a course of

professional reading so limited that the first judge to whom he

applied (the signatures of two being then necessary for a license)

refused to examine him; and (as he was accustomed to amuse his

friends by relating) his success, only a few months later, in

gaining admission to the practice in all the courts at once, was

owing to the good fortune of bearing a letter from a friend, at the

succeeding term of the Court of Conference, to one of the judges,

a gentleman of proverbial benevolence and kindness, who conducted

the examination, or interview, in his own chamber, and procured the

signatures of his brethren without so much having been requested

or expected--so little strictness was observed towards the few

applicants then entering the profession.

But if he was allowed admission _ex gratia_, and without the

requisite amount of learning, he was not long in supplying the

deficiency. The powers of mind and eagerness in quest of knowledge

which had been exhibited in his scholastic studies enabled him

to make rapid progress in the law. His professional studies were

directed by William Duffy, Esq., an eminent lawyer, then residing

in Hillsborough, to whom he was ever afterwards affectionately

attached, and to whose memory he paid a grateful tribute among

his sketches of public and professional men of North Carolina, in

an oration before the Literary Societies of the University in his

latter years. Mr. Murphy advanced rapidly to the first rank of the

advocates of his day, and notwithstanding his turning aside, to the

indulgence of his tastes for general literature, his enlightened

labors and bright career in legislation, his promotion and service

on the bench for two years, his decayed health and irregular

attendance on the courts in his latter days, he maintained his

position in the public estimation, even to the end of his life. When

it is remembered that among his competitors at one time or another,

for more than a quarter of a century, were Archibald Henderson,

Cameron, Norwood, Nash, Seawell, Yancey, Ruffin, Badger, Hawks,

Mangum, and Morehead, it must be admitted that he was at a bar where

the remark of Pinkney that "it was not a place where a false and

fraudulent reputation for talents can be maintained," was fully

justified. His practice for many years was not exceeded by that of

any gentleman in the State, and his success corresponded with its

extent. Both his examination of witnesses and argument of causes

before juries on the circuit could not be excelled in skillfulness.

He had a Quaker-like plainness of aspect, a scrupulous cleanness

and neatness in an equally plain attire, an habitual politeness and

a subdued simplicity of manner which at once won his way to the

hearts of juries, while no Greek dialectician had a more ready and

refined ingenuity or was more fertile in every resource of forensic

gladiatorship. His manner of speaking was never declamatory or in

any sense boisterous, but in the style of earnest and emphatic

conversation, so simple and apparently undesigning that he seemed

to the jury to be but interpreting their thoughts rather than

enunciating his own, yet with a correctness and often elegance of

diction which no severity of criticism could improve. A pattern of

politeness in all his intercourse, public and private, he could

torture an unwilling or corrupt witness into a full exposure of his

falsehood, and often had him impaled before he was aware of his

design; no advocate had at his command more effective raillery, wit,

and ridicule to mingle with his arguments.

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