"Now, I have raised my warning of late against this weakness and

wickedness on our part. I have tried to protect my widowed mother,

the South, by giving honest filial counsel against the whole

household. The Reubens have tried to sell me into Egypt for my

'dreaming.' But I am, nevertheless, loyal to the house of my

father and loving to my misguided brethren, and I mean to redouble

my efforts the more to save the house of Israel. If I must be

driven out as a dreamer, I will, at least, preserve 'mine

integrity,' and time and the day of famine will show whose counsel

and whose course will have saved the household and fed it, and all

the land of the stranger too. Aye; and is democracy as well as the

South to have no out-spoken, honest counsellor? Are we to be given

over to the federal gods of Pacific railroads? Are we to

_out-Yazoo Yazoo_? To out-Adams Adams in putting internal

improvements by the General Government on the most Omnipotent and

indefinitely stretching power of all powers of the Federal

Government--_the war power_? Are we to abolish _ad valorem_ and

adopt the specific duties to supply a tariff for revenue, the

standard of which is already eighty-one millions of expenditure on

three hundred and twenty-one millions average rate of

importations? Are we to increase eighty-one millions of

expenditure to the unknown limitless amount required for railroads

across this continent; for post-offices that don't pay expenses;

for pensions unheard of in character and amount; for a land office

which gives away three acres for every one sold, and brings us in

debt; for increase of a standing army such as our frontiers and

Indian wars and protectorates of foreign territory propose; and,

therefore, for such a navy as Isthmian wars with no less than

eight powers of the earth--England, Spain, France, Mexico,

Nicaragua, Costa Rica, New Granada, and Paraguay--demand if

threatened only? Is protection to be turned into prohibition? If

so, what is a 'direct tax?' Is land tax the only one which can be

'apportioned?' Are the landowners to pay all the cost of the

crusade of Congress and manifest destiny? Is strict construction

and are State rights to be abandoned, and are we to give up State

corporations to the bankruptcies of a federal commission? Where

would have been our people and their effects last year if a

federal power could have put our State banks into a course of

liquidation under a commission of bankruptcy? Is the South, is any

portion of our community, in a situation to rush into wars--wars

invited by the President with three European and five American

powers? And are we to be a grand consolidated, elective, North and

South American imperialism? The question is not, 'Will the Union

be dissolved?' That is a settled question. But the question is,

'Is the old Virginia democratic faith to be abandoned, and are we

to rush on with the President into a full scheme of federal policy

which in its outline and filling up, exceeds any federalism, in

all its points, which a Hamilton, or Adams, or any other

latitudinarian, ever dared to project or propose?

"For my part, I take ground now firmly and at once against the war

power. I am for the Washington policy of peace, and against all

entangling alliances and protectorates, and the Jackson rule of

'demanding nothing but what is right, and submitting to nothing

that is wrong,' and for preserving and protecting the South and

whole country from ambitious and buccaneering wars, of which the

landed and planting interests would have to bear the burden, at a

great sacrifice of present prosperity. I am against internal

improvements by the General Government, more than ever since their

construction is put on the war power. If we could beard England up

to 54 deg. 40', ten years ago, without a road or known route to

Oregon, why can't we wait for emigrants to beat a path on their

way to gold mines, and hold California, without cutting a military

road in time of peace? I am for retrenchment and reform of all

expenditures, and for revenue only for economical administration,

on a scale of pure, old-fashioned republican simplicity,

discriminating no more than is necessary to prevent prohibition on

non-dutiable articles. I am for free trade, and the protection it

affords is demonstrably ample for a people of enterprise and art

like ours. I am against State-bank bankruptcy, and all sorts of

bankruptcy whatever. The Federal Government shall never declare

again that honest debts shall be paid by gulping and oaths, with

my consent. But my paper is run out.

"The President bids high. To filibusters he offers Cuba and the

Isthmus and North Mexico; to the West a Pacific Railroad; to the

North protection to iron and coarse woollens; and to the great

commercial countries the power of centralization by obvious uses

and abuses of a bankrupt act to supply to State banks. Yesterday

Biddle was a monster, and to-day a few Wall street bankers can

expand and contract upon us more like a vice than he did; and what

would they not do if they could force the poor provinces when they

pleased into bankruptcy?"

In his later letter--to Mr. Samford, of Alabama--Gov. Wise gave his

opinion of the Douglas "non-intervention" doctrine in unmistakable

language. He says:

"Intervention for protection, by the United States, through

Congress, is all-pervading. It penetrates into States,

territories, districts and other places throughout the United

States, and is one of the most vitally essential attributes of our

blessed Federal Union. No doctrine could be more repugnant to its

benign spirit, none more destructive of federal immunities and

privileges, and none more fatal to State rights and the safety of

individual persons and their property, than this new light of

"Non-Intervention" to protect all and everything in the

jurisdiction of the United States. It is a question which cannot

be retired from discussion in Congress, where it rises up every

day in every form, and where it must be met with intelligence,

integrity and courage. It cannot be renounced or smothered, or the

Government must relinquish its dominion over every subject of its

jurisdiction.

"And this doctrine of 'Non-Intervention for Protection' is only

equalled in danger and destructiveness by that correlative error

of some minds in these days: 'That Congress may not intervene to

protect; for if it has the power to protect, it has the power to

destroy.' This is a _non sequitur_, and a weak fallacy and gross

delusion. The power and duty to protect is the power and duty not

only not to destroy, but something far greater--it is the duty to

intervene against invasion and violence. The whole American system

of government throughout is one to protect against destruction.

Because Congress may and shall provide the writ of habeas corpus,

trial by jury, freedom of speech or of the press, etc., etc.,

shall it, therefore, be said to possess the power to withhold,

deny or destroy either or all of these rights?

"But, say some, _cui bono_?--if a majority of Congress are opposed

to the protection of the right, what use is there in claiming the

mere abstraction of the right? I reply that there is great use and

practical effect in it too.

"The proposition of non-intervention is: 'By the Compromise of

1850, the Kansas Nebraska act, and other declarations of its will,

Congress renounced the exercise of any direct jurisdiction over

the territories, and delegated its power to the local

legislatures.' But it concedes that Congress could bestow no

authority on the local legislatures of which it was not itself

possessed'--in other words, "Congress cannot delegate more power

than it possesses itself; and it has none to prohibit slavery.

Very well, and so good as to the power. But there is a positive

duty to be discharged as well as a power not to be exercised.

Suppose the territorial legislature attempts to prohibit slavery,

and thus do what Congress itself cannot do in the territories. Has

Congress renounced its jurisdiction in the case? Could it or can

it do so? If not, what is its duty? Does non-intervention renounce

this duty of protection, in such a case, or not? It replies that

this claim upon Congress to discharge this duty will be vain. Why?

There is a dead majority against us in Congress, and they will not

heed the appeal to the legislative department for protection.

"Well, but the case supposes a like dead majority and an

aggressive majority against us in the territorial legislature

too.--What then? There is no refuge of safety from a majority

against us in territorial legislatures. Non-intervention quickly

answers this dilemma, by saying: 'let the courts determine between

us and our adversaries.' This is what is called 'remitting' the

question to the judiciary, which may decide as well as the

Congress or the Executive.--True, the judiciary may and must

decide, anyhow, in either case, for that was no discovery of Mr.

Calhoun, but a Constitutional function, which has ever belonged to

the courts, and of which Congress and the Executive and the

Territorial authorities cannot deprive them; and, without any

remission by Congress, the judiciary department has the power of

deciding upon the validity of laws. And it can as well and more

directly pass upon the validity of laws enacted by Congress itself

as upon the validity of those enacted by the territorial

legislatures. If Congress passes an unconstitutional law, we can

go to the courts, just as easy as if the law was passed by its

delegate, the territorial Legislature. And if Congress does not

renounce its direct jurisdiction and delegate it to the

territorial legislature, then the latter will have no power to

annoy the slave property locally by its abuse of delegated power;

and the territorial legislature is more apt to pass a prohibition

than Congress is, for very obvious reasons. The eye of the whole

nation is immediately upon Congress, and no positive code is

required to establish its power and duty to protect persons and

property. The Constitution itself dictates and enjoins both. And

it is first of all necessary, that neither the power nor the duty

shall be practically denied, embarrassed or obstructed, by the

enactment of unconstitutional laws of prohibition. Positive

legislation is more apt to be passed against slavery by local than

by national laws. In any practical view, then, we are attempting

to shear a lion instead of a wolf. Non-intervention is simply

absurd and impossible, and it is worse than impracticable.

* * * * *

"Such are the teachings to me of our past history, and I trust

that I have now demonstrated in the second place: 'That the

inhabitants or people of a territory are sovereign to form

themselves a constitution and State government as I have shown in

the first place, that in their territorial condition they are

within the entire control and jurisdiction, or under the entire

rule or regulation of Congress, subject to the Constitution of the

United States, and that the citizens of each and all of the States

are alike equally entitled to protection in all the privileges and

immunities of persons and property, common to equal confederates.

"And this right and this duty of protection is not to be evaded or

avoided either by the false _ad captandum_ clamor that a code is

required to be enacted by Congress for the protection of slave

property. This is but to cast odium upon slavery, by creating the

impression that a discrimination is necessary to distinguish it

above what is due to other personal and proprietary rights. On the

contrary, no such code is required to create either the right or

the duty of protection, and no law is necessary to distinguish

slave property from any other property. All persons and all

property, equally and alike, require only not to be assailed and

destroyed in, or excluded from the common territories. Every

species of rights requires laws, it is true, suited to its

character and to its case. Personal property, for example, must

have a law that it shall not be 'taken and carried away;' and

land, which cannot be 'taken and carried away,' must have a law

that it shall not be trespassed upon in some other way; and so

with slaves and everything else, they must have provisions

according to their kind. But the Constitution of the United

States, and the laws of Congress heretofore organizing territories

are sufficient, and if amendments of the laws are required, it is

the duty of Congress to see that they are provided, of the

Executive of the United States to see that they are executed, and

of the judiciary to decide upon the rights under the laws. The

slave States should never pretend to any peculiar privileges, and

do not, so far as I know. They ask only that their rights shall

not be assailed and invaded, and, if they be assailed, that they

may be protected as other personal and proprietary rights are

protected; that they may have equal, confederate, federal

privileges and immunities, and they ask for no special or peculiar

code....

"To escape danger or disaster to themselves, your Congress, and

Executives, and judiciary, and State legislatures, shall not, with

my consent, be allowed to drop the reins of government and leap

from the seats of power and responsibility, and renounce the duty

of protection and preservation to all within their care by the

ignoring and stultifying and disqualifying plea of

negation--'_Non-intervention_.' There are too many elements of

discord in this country which require to be restrained by the most

active and positive, but prudent intervention. These resolutions

of Vermont, the tendency of which is either to drive one section

of the States out of the Union, or to degrade and subjugate them

in it, are an example. If anything can be worse than disunion to

the United States, it would be the more dire alternative of

degrading and subjugating any one State by forcing her submission

to unequal laws and dishonorable conditions in the confederacy.

The state or section of states thus subdued and humbled, would be

unworthy of the union with other free republics, and such a union

would be no longer what union now is. It should, then, be the

watchful concern of all to maintain and support the honor,

dignity, and equality of each; and equality alone can reciprocally

maintain the strength of all. If first one and then another may be

subdued, finally all but one will become subject to that one,

central and consolidated. This should always combine the majority

of States to support the weaker portion of the Union against the

very appearance of oppression."

Such is the position of Gov. Wise on the slavery question. He is

radical in his views, demanding the fullest protection from the courts

and Congress for the protection of slavery. The faults as well as the

virtues of Gov. Wise he carries openly in his face; if he is bold and

imprudent, so he is frank and truthful. There is no deceit in him, and

his political enemies know the worst when they know anything of his

views or his course.

R. M. T. HUNTER.

Senator Hunter is a contrast, in almost every one of his traits of

character, to Governor Wise. The Governor is voluble--he writes

letters thirty columns long upon the condition of the country. Senator

Hunter is reticent. The Governor is, say his enemies, rash. Mr. Hunter

is cautious and prudent to a fault. Governor Wise, again, is a

reformer in his way--Senator Hunter is set down as an "old fogy" in

politics. Yet both are Democrats, and agree in essentials, as a matter

of course.

Few members of the Senate enjoy to such an extent the respect of the

entire body as Mr. Hunter. His manners, his bearing, his style of

speaking, and his deportment in social circles, are such as to win him

the esteem of all who know him, even in spite of political opposition.

In the Senate, he resembles some quiet unpretending farmer, who might

have come up from a rural district, to sit in a State legislature. He

dresses plain, is dignified without the least particle of pretension;

speaks plainly, slowly, but clearly. Never tries to ride down a

political opponent by declamation, but coolly _argues_ the point of

difference. During the most exciting debates he keeps his temper, and

though in political matters, especially upon the slavery question, he

is ultra-southern in his views, he is so watchful, so prudent, so mild

in his speech, that he contrives to win the esteem of his northern

associates, and to be very popular with them.

Mr. Hunter is a native of Essex County, Va., was liberally educated,

and adopted the law as a profession. His first political experience

was gained in the Virginian State Legislature, where he remained three

years; but in 1837, he was elected to Congress as a member of the

House of Representatives, where he remained four years. In 1845, he

was reelected to Congress, and was made Speaker of the Twenty-sixth

Congress. In 1847, he was elected United States' Senator, where he

still remains, and has been for years the able Chairman of the Finance

Committee.

Mr. Hunter's political views are known to the country at large. He is

a southern Democrat, with the views of a southern democratic

politician--anti-tariff, of course--anti-homestead law--in the last

Congress voting in the Senate against bringing up the bill for

consideration. His views on Popular Sovereignty, we will give,

shortly, from his own lips. He supported the Lecompton bill through

thick and thin, though he did it as he does all his work, in a modest,

quiet way, without bluster, or any attempt to intimidate.

In the non-intervention debate of March, 1839, Senator Hunter gave his

views of the question under discussion, in the following language:

"It is with extreme reluctance that I say a word on this subject so

unhappily sprung up on the appropriation bill, of which I stand here

as the guardian, a very insufficient one, as it seems; but the course

of the debate has made it necessary for me, in my own vindication, to

say a word or two in regard to this Nebraska-Kansas act.

"I differ from the senator from Illinois in regard to the bill,

the history of its inception, and what was intended by it. As I

understand it, we stood in this position: the southern senators, I

believe, almost without an exception, who spoke upon that

question--I know I did for one, as I have always done from the

time I first made my appearance on this floor--maintained that the

South had the right, under the Constitution, of protection of this

property in the Territories; on the other hand, senators from the

free States denied that right. None of them would vote to give it

to us; but there were a portion of the northern democracy who were

willing to do this; they were willing to repeal the Missouri

restriction, and establish a territorial government there. A bill

was immediately drawn which left this right to the territories to

legislate for the prohibition of slavery in abeyance. It neither

affirmed nor disaffirmed the power of the territorial legislature

to legislate upon this subject of slavery; but it provided very

carefully and cautiously that any question arising out of it might

be referred to the judiciary....

The case then stood thus: whilst the southern men maintained on

one side (and I was amongst them) that they had the right to the

protection of their property under the Constitution, those from

the free States maintained the opposite opinion. There could have

been no accord between them on that point; but the southern men,

with some objection and reluctance, in order to harmonize, did

agree, as the only mode of getting the Missouri Compromise

repealed, if the territorial legislature attempted to exercise the

power, that the court should decide; and this they could do with

perfect consistency, because they provided that whatever powers

were delegated to the territorial legislature should be exercised

under the Constitution. In their opinion, the Constitution not

only prohibited Congress from delegating a power to abolish

slavery to the territories, but from exercising it itself. Whilst

they maintained that Congress had the power to govern in the

territories, they maintained that there was an obligation on

Congress, imposed by the equality of the States, that they should

not prohibit the institutions of one State while they allowed

those of another; and that was the mode in which it was passed.

The bill in itself was, in my opinion, a compromise in which

neither sacrificed principles, but left the whole question in

abeyance to be decided by the courts without taking from Congress

the power to resume jurisdiction, if they should choose to do so

afterward. They retained as much good as they could without

raising those questions upon which there could have been no accord

of opinion.

"Now, sir, I say it never was understood, so far as I had anything

to do with the bill, by the southern men who maintained the class

of opinions of which I am speaking, that they were conferring on

the territorial legislature the absolute power to deal with this

subject. They did not; but they were secured to vote for a bill

which would organize a territorial Legislature which should leave

this question in abeyance, and this bill decided nothing, but only

provided that the question should go to the courts, to be decided

under that jurisdiction.

"Nor did the bill--although everybody consented to strike out the

phrase to which the senator from Illinois alludes--nor did the

bill ever mean to say that Congress absolutely gave up

jurisdiction over the subject. Inasmuch as it was a common point

which accomplished good, which repealed what all the branches of

the Democracy thought unconstitutional--the Missouri

Compromise--they passed a bill which did that, without deciding

absolutely on other differences of opinion, but merely providing a

tribunal to decide them when they should come up."

That Senator Hunter stated the truth in reference to himself is

evident from the subjoined quotation from a speech of his, delivered

during the discussion of the Kansas-Nebraska act in 1854:

"But it has been often said by those who admit that Congress has

the power of governing the territories, that it is a power to be

exercised, not in reference to the rights of the States, but in

reference to the good and welfare of the people of the

territories. Now, if in exercising this power we are to be

confined to the single consideration of the good and welfare of

the people of the territories, then, I say, the whole subject of

government ought to be left to the people of the territories. That

is the true American principle. If the only consideration which is

to apply to their government be the good and welfare of the people

of the territories, then they ought to determine all questions in

regard to their domestic institutions and laws. But, in my

opinion, the government of these territories ought to be

administered with the double object of securing the rights of the

States as well as those of the people of the territories, and to

these last should be given all the rights of self-government which

are consistent with the limitation, that they shall not interfere

with the equal rights of the States, or violate the provisions of

the Constitution. With those limitations, all the power that could

possibly be given to the people of that territory, ought to be

given to them. All that portion of the power which is to be

exercised with a view to their interests, ought to be exercised as

they wish it. That, in my opinion, is the true principle.

"I know we have most high, distinguished, and respectable

authority for the opinion that the people of the territories have

a sort of natural right to exercise all power within those

territories. It is not my purpose to raise an issue upon that

question. I do not mean to argue it. I do not wish to raise an

issue with the friends of this bill, with those whom I am

assisting, and who are assisting me, to pass this measure. Nor

will I do it unless it should be absolutely necessary, which is

not now the case. For, happily, the bill is so framed that it can

be maintained, not only by those who entertain such opinions as I

have referred to, but by those, also, who entertain opinions like

my own. The bill provides that the legislatures of these

territories shall have the power to legislate over all rightful

subjects of legislation, consistently with the Constitution. And

if they should assume powers which are thought to be inconsistent

with the Constitution, the courts will decide that question,

whenever it may be raised. There is a difference of opinion

amongst the friends of this measure, as to the extent of the

limits which the Constitution imposes upon the territorial

legislatures. This bill proposes to leave these differences to the

decision of the courts. To that tribunal I am willing to leave

this decision, as it was once before proposed to be left, by the

celebrated compromise of the senator from Delaware (Mr. Clayton),

a measure which, according to my understanding, was the best

compromise which was offered upon this subject of slavery. I say,

then, that I am willing to leave this point, upon which the

friends of this bill are at difference, to the decision of the

courts."

This position cannot be misunderstood. It is that the Supreme Court

may overturn the action of territorial legislatures. But does Senator

Hunter advocate, as Governor Wise does, Congressional intervention _to

enforce_ the decisions of the Supreme Court? Upon this point he is

silent; though, from the language he uses, it is evident enough that

as a matter of right he would claim the interference of Congress for

this purpose--but, considering the fact that there is not the

slightest chance that Congress could ever be brought to vote such

protection, he may _as a matter of policy_ relinquish the demand.

HENRY WILSON.

Presidential Candidates: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860 · 第 15 / 23 段