In the Senate he at once took a high position. He was made Chairman of

the Military Committee of the Senate, a position he has held during

his entire term of senatorial services, and which he has honored. In

the long and excited debates of 1849-50, and 1850-51, Mr. Davis took a

prominent part, and always what is termed an ultra-sectional position.

He was the champion of the extreme South, and made some of the ablest

speeches of the entire slavery debate.

In September, 1851, Mr. Davis was nominated by the Democrats of

Mississippi, as their candidate for Governor. He at once resigned his

seat in the Senate. He lost an election by a thousand votes--and

retired to his plantation.

Upon the nomination of Franklin Pierce to the Presidency, he took the

stump for him in several of the more doubtful southern States, and

with great success. His popularity before the people as a speaker was

great, and his success was in due proportion.

Mr. Pierce rewarded Mr. Davis for his eminent services in the campaign

by the offer of the Secretaryship of War--an office which he was

peculiarly qualified to fill. He was quite successful as Secretary of

War, though his unfortunate quarrel with General Scott (about the

merits of which we are incompetent to pronounce an opinion), damaged

his popularity with a portion of his friends. When the Pierce

administration went out, Mr. Davis was reelected United States

Senator, and he has latterly been looked upon as a Democratic leader

in the Senate.

In his personal appearance in the Senate-room, Mr. Davis has few

equals. Tall, upright, stern, and with the bearing of a prince, he at

once commands the admiration of the stranger so far as his personal

appearance is concerned. His military manners have followed him from

the camp into the Senate. We say this in no offensive sense, though it

is true that the senator often unintentionally offends by the

quickness, the savageness, and the irritability of his style and

speech. This is not intentional, and though it now and then gives

offence, it at the same time gives great force to the sentiment which

the senator may be uttering at the time. He has a peculiar voice,

keyed high, yet musical, and his words come flowing out like so many

cannon-balls with the force of gunpowder behind them.

The political position of Mr. Davis cannot be misunderstood. He is

ultra-southern. Not a disunionist, at all events; but a disunionist in

a certain event. He stands by the extreme southern men--occupies an

extreme southern position for a man who claims yet to stand by the

national Democratic party. His views upon the non-intervention

doctrines of Mr. Douglas, we shall quote that we may not do him

injustice. He is an enthusiastic and consistent advocate of utter free

trade. Nothing short of absolute free trade will suit him or satisfy

him. He is also opposed to the Homestead bill, and all like

appropriations of the public lands. He is in favor of the acquisition

of Cuba, but opposed the Senate resolution--proposed--giving Mr.

Buchanan power to make war upon the southern republics when he should

think the occasion demanded it.

If Mr. Davis' position be thought to be extremely southern, it must be

remembered that he is an honest, upright man--much more so than some

who clamor after office; and that such a man can be trusted generally,

in spite of his prejudices, to deal fairly even with his opponents. An

honest man, however ultra his position, if he have intellect, is safer

to be trusted with a high office, than the mere twaddling politician,

who will execute the party's bidding, however iniquitous it may be.

In the great "non-intervention debate" of the Senate, in February,

1859, Mr. Davis said:

"Now, the senator asks will you make a discrimination in the

territories? I say yes, I would discriminate in the territories

wherever it is needful to assert the right of a citizen: wherever

it is proper to carry out the principle, the obligation, the clear

intent and meaning of the Constitution of the United States. I

have heard many a siren's song on this doctrine of

non-intervention; a thing shadowy and fleeting, changing its color

as often as the chameleon, which never meant anything fairly

unless it was that Congress would not attempt to legislate on a

subject over which they had no control; that they would not

attempt to establish slavery anywhere nor to prohibit it anywhere;

and such was the language of the compromise measures of 1850 when

this doctrine was inaugurated. Since that, it has been woven into

a delusive gauze, thrown over the public mind, and presented as an

obligation of the Democratic party to stand still; withholding

from an American citizen the protection he has a right to claim;

to surrender their power; to do nothing; to prove faithless to the

trust they hold at the hands of the people of the States. If the

theory of the senator be correct, and if Congress has no power to

legislate in any regard upon the subject, how did you pass the

fugitive slave law? He repeats, again and again, that you have no

power to legislate in regard to slavery either in the States or in

the territories, and yet the fugitive slave law stands on the

statute-book; and although he did not vote for it, he explained to

the country why he did not, and expressed his regret that his

absence had prevented him from recording his vote in favor of it.

"From the plain language of the Constitution, as I have read it,

how is it possible for one still claiming to follow the path of

the Constitution, to assert that Congress has no power to

legislate in relation to the subject anywhere? He informs us,

however, that by the Kansas-Nebraska bill, the full power of the

inhabitants of a territory to legislate on all subjects not

inconsistent with the Constitution, was granted by Congress. If

Congress attempted to make such a grant; if Congress thus

attempted to rid themselves of a trust imposed upon them, they

exceeded their authority. They could delegate no such power. The

territorial legislature can be but an instrument, through which

the Congress of the United States execute their trust in relation

to the territories. Therefore it was, that notwithstanding the

exact language of that bill which the senator has read, the

Congress of the United States did assume, and did exercise, the

power to repeal a law passed in that very territory of Kansas,

which they clearly could not have done if they had surrendered all

control over its legislation. Whether the senator voted for that

report or not, I do not know; I presume he did; but whether he did

or not, does not vary the question, except so far as it affects

himself. The advocates of the Kansas-Nebraska bill were generally

the men who most promptly claimed the repeal of those laws,

because they said they were a violation of those rights which

every American citizen possessed under the Constitution.

"But the senator says territorial laws can only be set aside by an

appeal to the Supreme Court of the United States. If so, then they

have a power not derived from Congress; they are not the

instruments of Congress. But in the course of the senator's

remarks, and quite inconsistent with this position, he announced

that they possessed no power save that which they derived from the

organic act and the Constitution. They can derive no power from

the Constitution save as territories of the United States, over

which the States have given the power of a trustee to the

Congress; and being the delegate of the Congress, they have such

powers as Congress has thought proper to give, provided they do

not exceed such powers as the Congress possesses. How, then, does

the Senator claim that they have a power to legislate which

Congress cannot revise; and yet no power to legislate at all save

that which they derive from their organic act?

"My friend from Alabama presented a question to the senator from

Illinois, which he did not answer. It was, whether a law

pronounced unconstitutional by the Supreme Court was still to

remain in force within the territory, Congress failing to provide

any remedy which would restore the right violated by that

unconstitutional act? The senator answers me from his seat,

'clearly not.' Then I ask him, what is the remedy? The law is

pronounced unconstitutional, and yet the right which it has

violated is not restored; the protection which is required is not

granted; the law which deprived him of the protection, though it

may be declared unconstitutional, is not replaced by any which

will give him the adequate protection to hold his property. Then

what is the benefit he derives from the decision of the Supreme

Court? The decision of the Supreme Court is binding upon the

Congress; but this squatter-sovereignty legislation, seeming to be

outside of the Constitution, outside of the legislation of the

Federal Government, erects itself into an attitude that seems to

me quite inappropriate.

"I concede to the Congress the power, through the instrumentality

of a territorial legislature, to legislate upon such subjects as

Congress itself has the right to make laws for; no more than that.

More than that the senator cannot claim, unless he can show to us

that philosophical problem of getting more out of a tub than it

contains; its contents being measured, to find something more

which can be taken out of it. If he will not--and I suppose he

will not--contend that Congress can delegate more power than it

possesses, how does he get the power in the territorial

legislature to pass laws which will interfere with the rights of a

citizen choosing to migrate to a territory? It is the common

property of the people of the States. Every citizen has a right to

go there, and to carry with him whatever property is recognized by

the Constitution; the common law of the States forming the Union.

Congress has no power to prohibit it; is bound to see that it is

fully enjoyed. Then, I ask the senator, where does he derive the

power for the territorial legislature to do it? for he has planted

himself now on the ground that they derive their authority from

the organic act."

At a subsequent stage of the debate, the subjoined colloquy occurred

between Mr. Pugh, of Ohio, who had the floor, and Mr. Davis:

"MR. DAVIS.--With the permission of the senator from Ohio, I will

ask him whether he understood the senator from Virginia to assert

that the Constitution of the United States would give the right to

carry this property into the limits of a State where it is

prohibited?

"MR. PUGH.--No, sir; but I say that this proposition is nothing,

unless it goes to that extent.

"MR. DAVIS.--In the absence of my friend from Virginia, I would

say that his theory, I believe, agrees with mine; and certainly

does not go to that extent. It is that the Constitution makes it

property throughout the United States. It can, therefore, be taken

and held wherever the sovereign power of a State has not

prohibited it. When it reaches the territory of a sovereign State

where its introduction is inhibited, it there stops; except for

the reserved right to recover a fugitive, and for the right of

transit, which belongs to every citizen of the United States. That

is the decision of the Supreme Court.

"MR. PUGH.--I repeat my assertion: if the Constitution of the

United States gives this form of property its peculiar protection,

as gentlemen assert, and the right to carry it, it is carried into

every State over the constitution and laws of the State; for the

Constitution of the United States is supreme above the

constitutions and laws of the States; and it means that, or it

means nothing. There is no distinction; there can be none made;

and my colleague put the very question which proved the fallacy of

the whole proposition. But senators say there is no sovereignty in

the territories. I agree to that; but why do we deceive ourselves

about words? There is no such language as sovereignty in the

Constitution of the United States. Senators say it requires a

power of sovereignty to exclude slavery, and the senator from

Mississippi has just now spoken of the sovereignty of the State

which excludes slavery. He says it requires sovereign power to

exclude slavery. Well, how is that sovereignty to be expressed?

"MR. DAVIS.--When a State, being a sovereign, by its organic law

excludes that species of property, the act is final. There is no

sovereignty in the Constitution, as the senator states, and why?

Because the Constitution is a compact between sovereigns creating

an agent with delegated powers; and sovereignty is an indivisible

thing. They gave functions of sovereignty from their plenary

power. Sovereignty remained with the people of the States.

"MR. PUGH.--Then I understand the senator that the sovereignty can

only speak through a constitution, and that it is in the

constitution of a State only that the power to admit or exclude

slavery is to be exercised. Why, sir, until the year 1820 not a

State of this Union, in her constitution, either admitted or

excluded slavery, and I do not believe Virginia did until 1850 or

1851. None of the States did it until Missouri when she came into

the Union, and she put it into her constitution, not upon the idea

that that was peculiarly the place, but for the express purpose of

disarming her legislature. It was an ordinary legislative power,

nothing else in the world; known and recognized as such and

admitted as such by every State in the Union. New York abolished

slavery by law, Pennsylvania abolished slavery by law, and in the

States where the institution continued, it was fostered,

protected, and recognized by ordinary acts of legislation.

"MR. DAVIS.--I am sorry to interrupt the senator again, and I

believe this will be the last time. The first instance he will

find was that of Massachusetts, who, in her bill of rights, at the

Revolutionary era, made a declaration which her supreme court held

to be the abolition of slavery; and I think he will find that it

has generally been acted on in that way; but he has not the right

to assume anything more than I stated. I stated a mode."

JAMES L. ORR.

Col. Orr is of Irish extraction, his ancestors on the paternal and

maternal side coming originally from Ireland. His grandfather, a

native of North Carolina, was a Revolutionary soldier. Christopher

Orr, his father, was a country merchant of considerable means, and who

expended them liberally upon the education of his children. James L.

Orr was born May 12, 1822, at Craytonville, Anderson District, South

Carolina. He began his education at a common school, but was soon sent

to the Anderson Academy, at the same time, however, assisting his

father in keeping his books. When he was eighteen years old, he was

sent to the University of Virginia, where his proficiency in his

studies was so great, that he attracted the attention of his tutors,

who predicted a promising career for the young student. In 1841, he

left college and spent two years in pursuing a course of general

reading, of the greatest importance to him in after life.

In 1843, he studied law, was admitted to the bar. He began the

practice of law at home, in Anderson, the same year establishing a

village newspaper and editing it. It was called the "Anderson

Gazette." In 1844, when but twenty-two years of age, his neighbors and

friends elected him to the State Legislature, where he began his

political career in a quiet, unostentatious manner. Still, he took a

very decided position--one which gave an indication of his future

policy. It was this: he delivered a speech in opposition to the

doctrine of nullification, in reference to the tariff of 1812. He also

took democratic ground in favor of the election of Presidential

electors of the people. They were then, and are now in South Carolina,

elected by the legislature.

In 1848, Mr. Orr became a candidate for Congress. His chief opponent

was a Democrat, a lawyer of wealth and talents, and of course the

contest was simply one of personal popularity, as both gentlemen held

the same political sentiments. After a very lively contest, Mr. Orr

was elected by 700 majority over his Democratic competitor. He entered

Congress at a time when the country was convulsed with the slavery

question, and though such men as Webster, Clay, Calhoun, Cass, and the

like, were in Congress, he very soon attracted the attention of the

experienced legislators of that time. Not by egotistic speeches,

forcing himself, as some men do, upon the attention of Congress and

the country, but by delivering, at judicious times, speeches which

were full of solid ability. While he was a firm defender of slavery

and what are called "the constitutional rights of the South," he

condemned the agitation of the question of slavery, and arrayed

himself against the ultraists of his section of the country. Col.

Orr's constituents were so well pleased with his conduct that they

have left him in it till he was, in December, 1857, elected speaker of

the House of Representatives.

When the compromise measures were passed, South Carolina for a time

seemed to favor a secession from the Union. A Constitutional

Convention had been called and a large majority of the delegates were

pledged to favor secession. Col. Orr, however, come out very boldly

and eloquently against their policy. A General Convention of the

disaffected people was held in Charleston, in 1851, and Col. Orr

attended as a delegate from the Anderson District. In the Convention

he took strong ground against disunion, and introduced resolutions

embodying his opinions on that subject. But out of 450 members, only

30 came to his support. But Col. Orr was undaunted by the majority of

numbers against him. He appealed to the people by voice and pen, and

as the result he and a companion in his disunion views were elected to

the proposed Southern Congress over two secession candidates. An

apparent admirer of Col. Orr, speaking of this contest, says:

"That the crisis was one full of alarm and danger must be admitted

even by those furthest from the scene, and most disposed to deny

both the right and power of a State to secede; and that Mr. Orr,

in the very opening of a brilliant political career, hazarded his

future hopes and prospects to a sense of right and duty, entitles

him to the regard of every true lover of the Union. His triumph

was highly honorable to himself, and fixed him more firmly than

ever in the esteem and affections of his constituents."

The same writer remarks:

"The Congressional career of Mr. Orr, which a want of space prevents

us from noticing more in detail, has been both a brilliant and a

useful one. Always sustaining his positions with eloquence and force

of argument, and exhibiting great fairness in debate, he has commanded

attention, and exercised a powerful influence over the questions of

the day. His habits of thorough investigation and analysis, and his

tenacious adherence to his convictions of right, have frequently

placed him at the head of important committees; and his reports are

among the ablest in our legislative records. As chairman of the

Committee of the Whole on the State of the Union, during the

discussion of the most important and exciting measures, he displayed

so much promptness, firmness, and intelligence in his decisions that

he won the confidence and respect of men of all parties; and at the

commencement of last Congress he was almost unanimously selected by

the Democrats as their candidate for Speaker. His party was, however,

in the minority, and his election failed. When the present session of

Congress opened, Mr. Orr was nominated, without opposition, and

elected its presiding officer. So far he has justified the

expectations of his friends and of the party which placed him in the

chair. In the fulfillment of the duties of his present position Mr.

Orr will doubtless add honorably to the reputation he now enjoys. He

is too wise a man not to perceive that while fidelity to party was the

best ladder for him to rise to his present height, impartial

neutrality will now serve his fame and ambition better."

Upon the whole, Mr. Orr made an admirable Speaker to the Thirty-fifth

Congress. If he was not always rigidly impartial, the exceptional

cases were rare, and when he was swerved from the straight line of

duty by his sectional prejudices.

In November, 1855, to go back a little--Col. Orr published a letter in

reference to the duty of South Carolina toward the Democratic party of

the North. The people of that State were then, as they seem almost

always to be, in a state of high excitement on the slavery question.

Many leading politicians counselled secession and non-action in

reference to the Presidential canvass. But Col. Orr took different

ground. In his letter to Hon. C. W. Dudley, dated Anderson, Nov. 23,

1855, he said:

"A convention is merely a method of finding out what the popular

opinion is, and giving to it a more conspicuous and imposing

expression. It has been steadily and uniformly pursued by the

Democracy of all the States (except our own) for fifteen years or

more, and the selection of delegates, manner of voting and

nominating, has been defined by a usage well understood and

acquiesced in, as if regulated by law. Hence, we know that such a

convention will assemble in Cincinnati in May next, and that it

will nominate candidates for the Presidency and Vice

Presidency--adopt a platform of principles--and it is nearly

certain that the nominees will receive the votes of the Democratic

party of every State in the Union. Shall the Democracy of this

State send delegates? It is our privilege to be represented there,

and at the present time I believe it to be a high and solemn duty

to meet our political allies, and to aid, by our presence and

councils, in selecting suitable nominees and constructing a

platform, which will secure our rights and uphold the

Constitution.

"There has never been a time since the convention policy was

adopted--if, indeed, there has been such a time since the

government was inaugurated--when the success of the Democratic

party in the electoral college was so vitally important as now. If

that party should be defeated in the election before the people,

every patriot's mind must be filled with gloomy forebodings of the

future. The indications now are, that the opposition to the

Democratic party, made up of Know Nothings, Abolitionists, and

Fusionist, will run two or more candidates: if the Democracy fail

to secure a majority in the electoral college over all elements of

opposition, then the election must be made, according to the

Constitution, by the House of Representatives. Can we safely trust

the election of our rights to that body? The House is now elected,

and we _know_ that a decided majority of the House are members of

the Know Nothing, Fusion and Whig parties; and if the election be

devolved on them, the Democratic party will be certainly defeated,

and perhaps a Fusionist promoted to the Presidency. Are the people

of South Carolina so indifferent to their relations to the Federal

Government, that they will quietly look on and see such an

administration as we have had since the 4th of March, '53--an

administration that has faithfully and fearlessly maintained the

Constitution in its purity--supplanted by Know Nothingism or Black

Republicanism? That is the issue to be decided in the next

presidential election, and that, too, in the electoral college;

for if we fail there, then we know now with absolute certainty

that we must be defeated before the House. Was it, then, ever so

important before that the Convention should be filled with

discreet, patriotic men; that there should be the fullest

representation of every man devoted to the Democratic faith, and

opposed to Fusion and Know Nothingism; that they should commune

freely together, and nominate a candidate who will command the

confidence of the entire party.

* * * * *

"We have heard much of southern union being necessary to our

safety. We now have it in our power, by cordial cooperation with

our southern sisters, to secure it--to secure it on such a basis

as will permanently preserve our institutions. We can here make

our demand, and with a united South, we can offer it to the true

men of the North. If we act wisely and present such an ultimatum,

I doubt not that thousands, perhaps millions, at the North, will

espouse and maintain it; for it is a platform of the Constitution,

and there are hosts of conservative men who I know are prepared to

maintain the Constitution of our fathers.

Presidential Candidates: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860 · 第 19 / 23 段