From the seeds of narrow sectionality and purblind fanaticism, have

sprung the tares which threaten the principles of that declaration

which made the Colonies independent States, and of that compact by

which the States were united by a bond to-day far more valuable than

when it was signed. You have among you politicians of a philosophic

turn, who preach a high morality; a system of which they are the

discoverers, and it is to be hoped will long remain the exclusive

possessors. They say, it is true the Constitution dictates this, the

Bible inculcates that; but there is a higher law than those, and call

upon you to obey that higher law, of which they are the inspired

givers. [Laughter and applause.] Men who are _traitors_ to the compact

of their fathers—_men who have perjured the oaths they have themselves

taken_—they who wish to steep their hands in the blood of their

brothers; these are the moral law-givers who proclaim a higher law than

the Bible, the Constitution, and the laws of the land. This higher-law

doctrine, it strikes me, is the most convenient one I ever heard of for

the _criminal_. You, no doubt, have a law which punishes a man for

stealing a horse or a bale of goods. But the thief would find more

convenient a higher law which would justify him in keeping the stolen

goods. The doctrine is now advanced to you only in its relation to

property of the Southern States, thus it is the pill gilded, to conceal

its bitterness; but it will re-act deeply upon yourselves if you accept

it. What security have you for your own safety if every man of vile

temper, of low instincts, of base purpose, can find in his own heart a

higher law than that which is the rule of society, the Constitution,

and the Bible? _These higher-law preachers should be tarred and

feathered, and whipped by those they have thus instigated. This, my

friends, is what was called in good old revolutionary times. Lynch

Law._ It is sometimes the very best law, because it deals summary

justice upon those who would otherwise escape from all other kinds of

punishment. The man who with sycophantic face and studied phrase, and

with assumed philosophic morality, preaches treason to the Constitution

and the dictates of all human society, is a fit object for a Lynch law

that would be higher than any he could urge. [Applause.]

My democratic friends, I am deeply gratified by the exhibition which is

before me. I see here a field of faces, assembled in the name of

Democracy, and over it high, bright and multiplied for the occasion, as

stars have been added by Democracy to the flag of our country, blaze

the lights which typify democratic principles, pointing upward, to

guide our country to that haven of prosperity which our fathers saw in

the distant future, and which they left it for their sons to attain. It

we are true to ourselves, true to the obligations which the

Constitution imposes upon us, and if we are wise and energetic in the

struggles which lie before us, our path is onward to more of national

greatness than ever people before possessed. We are held together by

that two-fold government, which is susceptible of being made perfect in

the small spheres of State limits, and capable of the greatest imperial

power, by the combination of these municipal powers into one for

foreign action. It is a form of government such as the wit of man never

devised until our fathers, with a wisdom that approached inspiration,

framed the Constitution, and transmitted it as a legacy to us. It

devolves upon every one of you, to see that each provision of that

Constitution is cordially and faithfully observed. If cordially and

faithfully observed, the powers of hell and of earth combined can never

shake the happiness and prosperity of the people of the United States.

[Applause.] With every revolving year there will arise new motives for

holding tenaciously to each other. With every revolving cycle there

will come new sources of pride and national sentiment to the people.

Year after your flag will grow more brilliant, by the addition of fresh

stars, recording the growth of our political family, and onward, over

land and over sea, the progress of American principles, of human

liberty illustrated, and protected by the power of the United States,

will hold its way to a triumph such as the earth has never witnessed.

[Applause.] On the other hand, what do we see? A picture so black that

if I could unveil it, I would not in this cheery moment expose a scene

so chilling to your enthusiasm, and revolting to your patriotic hearts.

My friends, feeling that I have already detained you too long, I now

return to you my cordial thanks for the kindness with which you have

received me to-night.

Speech Before the Mississippi Legislature.

Mississippians: Again it is my privilege and good fortune to be among

you, to stand before those whom I have loved, for whom I have labored,

by whom I have been trusted and honored, and here to answer for myself.

Time and disease have frosted my hair, impaired my physical energies,

and furrowed my brow, but my heart remains unchanged, and its every

pulsation is as quick, as strong, and as true to your interests, your

honor, and fair fame, as in the period of my earlier years.

It is known to many of you, that at the close of the last session of

Congress, wasted by protracted, violent disease, I went, in accordance

with medical advice, to the Northeastern coast of the United States.

Against the opinion of my physician, I had remained at Washington until

my public duties were closed, and then adopted the only course which it

was believed gave reasonable hope for a final restoration to

health—that is, sought a region where I should be exempt from the heat

of summer, and from political excitement.

In one respect at least, this accorded with my own feelings, for

physically and mentally depressed, fearful that I should never again be

able to perform my part in the trials to which Mississippi might be

subjected, I turned away from my fellows with such feelings as the

wounded elk leaves his herd, and seeks the covert, to die alone.

Misrepresentation and calumny followed me even to the brink of the

grave, and with hyena instinct would have pursued me beyond it.

The political positions which I had always occupied, justified the

expectation that in New England I should be left in loneliness. In this

I was disappointed; courtesy and kindness met me on my first landing,

and attended me to the time of my departure. The manifestations of

comity and hospitality, given by the generous and the noble, aroused

the petty hostility of the more extreme of the Black Republicans, and

their newspapers assailed me with the low abuse which for years I had

been accustomed to receive at their hands. I had always despised their

malice and defied their enmity; their assaults did not surprise me, but

when I found them echoed in Southern papers, it did astonish, I will

confess, it did pain me, not for any injury apprehended to myself, but

for its evil effect upon the cause with which I was identified.

Was it expected that to public and private manifestations of kindness

by the people of Maine, I should return denunciation and repel their

generous approaches with epithets of abuse? If they had deserved such

reproach, they could not merit it at my hands. A guest hospitably

attended, it would have been inconsistent with the character of a

gentleman, to have done less than acknowledge their kindness, and it

was not in my nature to feel otherwise than grateful to them for the

many manifestations of a desire to render pleasant and beneficial the

sojourn of an invalid among them. But they did not deserve it, and I am

happy to state as the result of my acquaintance with them, that we have

a large body of true friends among them, men who maintain our

constitutional rights as explicitly and as broadly as we assert them,

and who have performed this service with the foreknowledge that they

were thereby to sacrifice their political prospects, at least, until

through years of patient exertion they should correct error, suppress

fanaticism, and build for themselves a structure on the basis of truth,

which had long been unwelcome and might not soon be understood.

But there were other evidences of regard more valuable to me than

exhibitions of personal kindness. Regard for the people of Mississippi,

founded on a special attention to their history; the gallant services

of your sons in the field, were publicly claimed as property which

Mississippi could not appropriate to herself; but which were part of

the common wealth of the nation, and belonged equally to the people of

Maine. Could I be insensible to such recognition of the honorable fame

of Mississippi? No, the memory of the gallant dead, who died at

Monterey and Buena Vista, forbade it.

At a subsequent period, when in Massachusetts, one of her distinguished

sons, (Gen. Cushing,) paid a compliment to the feat performed by the

Mississippi Regiment in checking the enemies cavalry on the field of

Buena Vista one Black Republican newspaper denied the originality of

the movement, and claimed it to have been previously performed by an

English regiment at Quatre Bras. This claim was unfounded; the service

performed by the British Regiment having been of a totally different

character and for a different purpose.—A Southern paper, however, has

gone one step beyond that of the Massachusetts paper, and denies the

merit claimed for the service rendered by saying that it was the result

of accident, growing out of the peculiar conformation of the ground on

which the regiment rallied and that it was necessary for the safety of

the regiment, being like the act of a man who leaps from a burning ship

and takes the chance of drowning.

If this only affected myself, I should leave it, like other

misrepresentations, unnoticed, but it concerns the hard earned

reputation of the regiment I commanded. It affects the fame of

Mississippi, and propagates an error which may pollute the current of

history.

We live in an age of progress, and it requires a progressive age to

produce a military critic who should discover that a soldier deserved

no credit for availing himself of the accidents of ground. One half of

the science of war consists in teaching how to take advantage of the

irregularities of the ground on which military movements are to be

made, or defensive works are to be constructed. The highest reputation

of Generals in every age has resulted in their skill in military

topography. The most marked compliment ever paid by one General to

another, was that of Napoleon to Cæsar, when he halted on his

encampments without a previous reconnoisance. But the regiment did not

rally as stated, for it had not been dispersed; neither was their

movement the result of their own necessity, or adopted for their own

safety. They were marching by the flank, on the side of a ravine, when

the enemy’s cavalry were seen approaching. They could have halted on

the side of the ravine, which was so precipitous that they would have

been there as sate from a charge as if they had been in Mississippi.

They could have gone down into the ravine, and have been concealed even

from the sight of the cavalry. The necessity was to prevent the cavalry

from passing to the rear of our line of battle, where they might have

attacked, and probably carried our batteries, which were then without

the protection of our infantry escort. It was our country’s necessity

and not our own which prompted the service there performed. For this

the regiment was formed square across the plain, and there stood

motionless as a rock, silent as death, and eager as a greyhound for the

approach of the enemy, at least nine times, numerically, their

superiors. Some Indiana troops were formed on the brink of the ravine

with the right flank of the Mississippi Regiment, constituting one

branch of what has been called the “V”. When the enemy had approached

as near as he dared and seemed to shrink from contact with the

motionless, resolute living wall which stood before him, the angry

crack of the Mississippi rifle was heard, and as the smoke rose and the

dust fell, there remained of the host which so lately stood before us

but the fallen and the flying. The rear of our line of battle was again

secured, and a service had been rendered which in no small degree

contributed to the triumph which finally perched upon the banner of the

United States.

I am not a disinterested, and may not be a competent judge, but I know

how I thought, and still believe, that your sons, given by you to the

public service in the war with Mexico, have not received the full

measure of the credit which was their due. They, however, received so

much that we might be content to rest on the history as it has been

written. But it constitutes a reason why we should not permit any of

the leaves to be unjustly torn away.

To return to the consideration of the less important subject, the

misrepresentation of myself; I will again express the surprise I felt

that when abolition papers were assailing me with a view to destroy any

power which I might acquire to correct the error which had been

instilled into the minds of the people of the North in relation to

Southern sentiments and Southern institutions, that they should have

received both aid and comfort from Southern newspapers, and been

bolstered up in the attempt to misrepresent my political position. When

the charge was made, which was copied in Northern papers, that I had

abandoned those with whom I co-operated in 1852, to produce a

separation of the States, my friend, the editor of the Mississippian,

seeing the misrepresentation of my position, and naturally supposing,

as we had no discussion in 1852, the reference must have been made to

the canvass of 1851, quoted from the resolutions of the State-Rights

Democratic Convention, and from an address published by myself to the

people, to show that my position was the reverse of that assigned to

me. Before proceeding, I will advert to a reference which has been made

to him, as my “organ.” He is no more my “organ” than I am his. We have

generally concurred, I and have been able to understand and anticipate

his positions as he has mine. I am indebted to him for many favors. He

is indebted to me for nothing. As Democrats, as gentlemen, as friends,

we occupy to each other the relation of exact equality.

Notwithstanding that irrefutable answer to the charge, it has been

reiterated, and, as before, located in the year 1852. It is known to

you all that our discussions were in 1851. I then favored a convention

of the Southern States, that we might take counsel together, as to the

future which was to be anticipated, from the legislation of 1850. The

decision of the State was to acquiesce in the legislation of that year,

with a series of resolutions in relation to future encroachments. I

submitted to the decision of the people, and have in good faith adhered

to the line of conduct which it imposed. Therefore in 1852 there is no

record from which to disprove any allegation, but you know the charge

to be utterly unfounded, and charity alone can suppose its reiteration

was innocently made. Neither in that year nor in any other, have I ever

advocated a dissolution of the Union, or the separation of the State of

Mississippi from the Union, except as the last alternative, and have

not considered the remedies which lie within that extreme as exhausted,

or ever been entirely hopeless of their success. I hold now, as

announced on former occasions, that whilst occupying a seat in the

Senate, I am bound to maintain the Government of the Constitution, and

in no manner to work for its destruction; that the obligation of the

oath of office, Mississippi’s honor and my own, require that, as a

Senator of the United States, there should be no want of loyalty to the

Constitutional Union. Whenever Mississippi shall resolve to separate

from the Confederacy, I will expect her to withdraw her representatives

from the General Government, to which they are accredited. If I should

ever, whilst a Senator, deem it my duty to assume an attitude of

hostility to the Union, I should, immediately thereupon, feel bound to

resign the office, and return to my constituency to inform them of the

fact. It was this view of the obligations of my position, which caused

me, on various occasions, to repel, with such indignation, the

accusation of being a disunionist, while holding the office of Senator

of the United States.

I have been represented as having, advocated “Squatter Sovereignty” in

a speech made at Bangor, in the State of Maine, A paragraph has been

published purporting to be an extract from that speech, and

vituperative criticism, and forced construction have exhausted

themselves upon it, with deductions which are considered authorized,

because they are not denied in the paragraph published.

In this case, as in that of the charge in relation to my position in

1852, there is no record with which to answer. I never made a speech at

Bangor. And a fair mind would have sought for the speech to see how far

the general context explained the paragraph, before indulging in

hostile criticism.

Senator Douglas, in a speech at Alton, adopting the paragraph

published, and evidently drawing his opinion from the unfair

construction which had been put upon it, claims to quote from a speech

made by me at Bangor, to sustain the position taken by him at Freeport.

He says:

“You will find in a recent speech, delivered by that able and eloquent

statesman, Hon. Jefferson Davis, at Bangor, Maine, that he took the

same view of this subject that I did in my Freeport speech. He there

said:”

“‘If the inhabitants of any territory should refuse to enact such laws

and police regulations as would give security to their property and

his, it would be rendered more or less valueless, in proportion to the

difficulty of holding it without such protection. In the case of

property in the labor of a man, or what is usually called slave

property, the insecurity would be so great that the owner could not

ordinarily retain it. Therefore, though the right would remain, the

remedy being withheld, it would follow that the owner would be

practically debarred, by the circumstances of the case, from taking

slave property into a Territory where the sense of the inhabitants was

opposed to its introduction. So much for the oft repeated fallacy of

forcing slavery upon any community.’”

It is fair to suppose, if the Senator had known where to find the

speech from which this extract was taken, that he would have examined

it before proceeding to make such use of it. And I can but believe, if

he had taken the paragraph free from the distortion which it had

undergone from others, that he must have seen it bore no similitude to

his position at Freeport, and could give no countenance to the doctrine

he then announced. He there said:

“The next question Mr. Lincoln propounded to me is: ‘Can the people of

a territory exclude slavery from their limits by any fair means, before

it comes into the Union as a State?’ I answer emphatically, as Mr.

Lincoln has heard me answer a hundred times, on every stump in

Illinois, that in my opinion, the people of a territory can, by lawful

means, exclude slavery before it comes ill as a State. [Cheers.] Mr.

Lincoln knew that I had given that answer over and over again. He heard

me argue the Nebraska bill on that principle all over the State, in

1854, and ’55, and ’56, and he has now no excuse to pretend to have any

doubt upon that subject. Whatever the Supreme Court may hereafter

decide as on the abstract question of whether slavery may go in under

the Constitution or not, the people of a territory have the lawful

means to admit or exclude it as they please for the reason that slavery

cannot exist a day or an hour anywhere unless supported by local police

regulations, furnishing remedies aid means of enforcing the right of

holding slaves. Those local aid police regulations can only be

furnished by the local Legislature. If the people of the Territory are

opposed to slavery they will elect members to the Legislature who will

adopt unfriendly legislation to it. If they are for it, they will adopt

the legislative measures friendly to slavery. Hence no matter what may

be the decision of the Supreme Court, on that abstract questions still

the right of the people to make it a slave territory or a free

territory, is perfect and complete under the Nebraska Bill. I hope Mr.

Lincoln will deem my answer satisfactory on this point.” This is the

distinct assertion of the power of territorial legislation to admit or

exclude slavery; of the first in the race of migration who reach a

territory, the common property of the people of the United States to

enact laws for the exclusion of other joint owners of the territory,

who may in the exercise of their equal right to enter the common

property, choose to take with them property recognized by the

Constitution, built not acceptable to the first emigrants to the

Territory. That Senator had too often and too fully discussed with me

the question of “squatter sovereignty” to be justified in thus

mistaking my opinion. The difference between us is as wide as that of

one who should assert the right to rob from him who admitted the power.

It is true, as I stated it at that time, all property requires

protection from the society in the midst of which it is held. This

necessity does not confer a right to destroy, but rather creates an

obligation to protect. It is true as I stated it, that slave property

peculiarly requires the protection of society, and would ordinarily

become valueless in the midst of a community, which would seek to

seduce the slave front his master, and conceal him whilst absconding,

and as jurors protect each other in any suit which the master might

bring for damages. The laws of the United States, through the courts of

the United States, might enable the master to recover the slave

wherever he could find him. But you all know, in such a community as I

have supposed, that a slave inclined to abscond would become utterly

useless, and that was the extent of the admission.

The extract on which reliance has been placed was taken from a speech

made at Portland, and both before and after the extract, the language

employed conclusively disproves the construction, which unfriendly

criticism has put upon the detached passage. Immediately preceding it,

the following language was used:

“The Territory being the common property of States, equals in the

Union, and bound by the Constitution which recognizes property in

slaves, it is an abuse of terms to call aggression the migration into

that Territory of one of its joint owners, because carrying with him

any species of property recognized by the Constitution of the United

States. The Federal Government has no power to declare what is property

enywhere.{sic} The power of each State cannot extend beyond its own

limits. As a consequence, therefore, whatever is property in any of the

States, must be so considered in any of the territories of the United

States until they reach to the dignity of community independence, when

the subject matter will be entirely under the control of the people,

and be determined by their fundamental law. If the inhabitants of any

territory should refuse to enact such laws and police regulations as

would give security to their property or to his, it would be rendered

more or less valueless, in proportion to the difficulty of holding it

without such protection. In the case of property in the labor of man,

or what is usually called slave property, the insecurity would be so

great that the owner could not ordinarily retain it. Therefore, though

the right would remain, the remedy being withheld, it would follow that

the owner would be practically debarred by the circumstances of the

case, from taking slave property into a territory where the sense of

the inhabitants was opposed to its introduction. So much for the oft

repeated fallacy of forcing slavery upon any community.”

And in a subsequent part of the same speech, the matter was treated of

in this wise:

“The South had not asked Congress to extend slavery into the

territories, and he in common with most other Southern statesmen,

denied the existence of any power to do so. He held it to be the creed

of the Democracy, both in the North and the South, that the general

government had no constitutional power either to establish or prohibit

slavery anywhere; a grant of power to do the one must necessarily have

involved the power to do the other. Hence it is their policy not to

interfere on the one side or the other, but protecting each individual

in his constitutional rights, to leave every independent community to

determine and adjust all domestic questions as in their wisdom may seem

best.”

Speeches of the Hon. Jefferson Davis, of Mississippi; delivered during the summer of 1858. · 第 7 / 9 段