"Congress deemed it wise and prudent to refrain from decidin

Produced by David Widger

AMERICAN ELOQUENCE

STUDIES IN AMERICAN POLITICAL HISTORY

Edited with Introduction by Alexander Johnston

Reedited by James Albert Woodburn

Volume III. (of 4)

V. --THE ANTI-SLAVERY STRUGGLE (Continued from Vol. II.)

VI.--SECESSION.

CONTENTS.

INTRODUCTION

SALMON PORTLAND CHASE On The Kansas-Nebraska Bill

--United States Senate, February 3, 1854.

EDWARD EVERETT On The Kansas-Nebraska Bill

--United States Senate, February 8, 1854.

STEPHEN ARNOLD DOUGLAS On The Kansas-Nebraska Bill

--United States Senate, March 3, 1854.

CHARLES SUMNER On The Crime Against Kansas

--United States Senate, May 20, 1856.

PRESTON S. BROOKS On The Sumner Assault

--House Of Representatives, July 14, 1856.

JUDAH P. BENJAMIN On The Property Doctrine And Slavery In The

Territories --United States Senate, March 11, 1858.

ABRAHAM LINCOLN On The Dred Scott Decision

--Springfield, Ills., June 26, 1857.

ABRAHAM LINCOLN On His Nomination To The United States Senate

--At The Republican State Convention, June 16,1858.

THE LINCOLN-DOUGLAS DEBATE

DOUGLAS In Reply To Lincoln--Freeport, Ills., August 27, 1858.

WILLIAM H. SEWARD

On The Irrepressible Conflict--Rochester, N. Y., October 25, 1858.

VI.-SECESSION.

JOHN PARKER HALE On Secession; Moderate Republican Opinion

--United States Senate, December 5, 1860.

ALFRED IVERSON On Secession; Secessionist Opinion

--United States Senate, December 5, 1860.

BENJAMIN WADE On Secession, And The State Of The Union; Radical

Republican Opinion--United States Senate, December 17, 1860.

JOHN JORDON CRITTENDEN On The Crittenden Compromise; Border State

Unionist Opinion--United States Senate, December 18, 1860.

ROBERT TOOMBS On Secession; Secessionist Opinion

--United States Senate, January 7, 1861.

SAMUEL SULLIVAN COX On Secession; Douglas Democratic Opinion

--House Of Representatives, January 14, 1861.

JEFFERSON DAVIS On Withdrawal From The Union; Secessionist Opinion

--United States Senate, January 21, 1861.

LIST OF PORTRAITS

WILLIAM H. SEWARD -- Frontispiece From a photograph.

SALMON P. CHASE -- From a daguerreotype, engraved by F. E. JONES.

EDWARD EVERETT -- From a painting by R. M. STAIGG.

STEPHEN A. DOUGLASS -- From a steel engraving.

JEFFERSON DAVIS -- From a photograph.

INTRODUCTION TO THE REVISED VOLUME.

The third volume of the American Eloquence is devoted to the

continuation of the slavery controversy and to the progress of the

secession movement which culminated in civil war.

To the speeches of the former edition of the volume have been added:

Everett on the Nebraska bill; Benjamin on the Property Doctrine and

Slavery in the Territories; Lincoln on the Dred Scott Decision; Wade

on Secession and the State of the Union; Crittenden on the Crittenden

Compromise; and Jefferson Davis's notable speech in which he took leave

of the United State Senate, in January, 1861.

Judged by its political consequences no piece of legislation in American

history is of greater historical importance than the Kansas-Nebraska

bill. By that act the Missouri Compromise was repealed and the final

conflict entered upon with the slave power. In addition to the speeches

of Douglas and Chase, representing the best word on the opposing sides

of the famous Nebraska controversy, the new volume includes the notable

contribution by Edward Everett to the Congressional debates on that

subject. Besides being an orator of high rank and of literary renown,

Everett represented a distinct body of political opinion. As a

conservative Whig he voiced the sentiment of the great body of the

followers of Webster and Clay who had helped to establish the Compromise

of 1850 and who wished to leave that settlement undisturbed. The student

of the Congressional struggles of 1854 will be led by a speech like that

of Everett to appreciate that moderate and conservative spirit toward

slavery which would not persist in any anti-slavery action having a

tendency to disturb the harmony of the Union. That this conservative

opinion looked upon the repeal of the Missouri Compromise as an act of

aggression in the interest of slavery is indicated by Everett's speech,

and this gives the speech its historic significance.

Judah P. Benjamin may be said to have been the ablest legal defender of

slavery in public life during the decade of 1850-60. His speech on

the right of property in slaves and the right of slavery to national

protection in the territories was probably the ablest on that side of

the controversy. Lincoln's speech on the Dred Scott Decision has been

substituted for one by John C. Breckinridge on the same subject; this

will serve to bring into his true proportions this great leader of the

combined anti-slavery forces. No voice, in the beginnings of secession

and disunion, could better reflect the positive and uncompromising

Republicanism of the Northwest than that of Wade. The speech from him

which we have appropriated is in many ways worthy of the attention of

the historical student.

We may look to Crittenden as the best expositor of the Crittenden

Compromise, the leading attempt at compromise and conciliation in the

memorable session of Congress of 1860-61. Crittenden's subject and

personality add historical prominence to his speech. The Crittenden

Compromise would probably have been accepted by Southern leaders like

Davis and Toombs if it had been acceptable to the Republican leaders

of the North. The failure of that Compromise made disunion and war

inevitable. Jefferson Davis' memorable farewell to the Senate, following

the assured failure of compromise, seems a fitting close to the period

of our history which brings us to the eve of the Civil War.

The introduction of Professor Johnston on "Secession" is retained as

originally prepared. A study of the speeches, with this introduction

and the appended notes, will give a fair idea of the political issues

dividing the country in the important years immediately preceding the

war. Limitations of space prevent the publication of the full speeches

from the exhaustive Congressional debates, but in several instances

where it has seemed especially desirable omissions from the former

volume have been supplied with the purpose of more fully representing

the subjects and the speakers. To the reader who is interested in

historical politics in America these productions of great political

leaders need no recommendation from the editor.

J. A. W.

SALMON PORTLAND CHASE,

OF OHIO. (BORN 1808, DIED 1873.)

ON THE KANSAS-NEBRASKA BILL; SENATE,

FEBRUARY 3, 1854.

The bill for the organization of the Territories of Nebraska and Kansas

being under consideration--Mr. CHASE submitted the following amendment:

Strike out from section 14 the words "was superseded by the principles

of the legislation of 1850, commonly called the compromise measures, and;

so that the clause will read:

"That the Constitution, and all laws of the United States which are not

locally inapplicable, shall have the same force and effect within the

said Territory of Nebraska as elsewhere within the United States, except

the eighth section of the act preparatory to the admission of Missouri

into the Union, approved March 6, 1820, which is hereby declared

inoperative."

Mr. CHASE said:

Mr. President, I had occasion, a few days ago to expose the utter

groundlessness of the personal charges made by the Senator from Illinois

(Mr. Douglas) against myself and the other signers of the Independent

Democratic Appeal. I now move to strike from this bill a statement

which I will to-day demonstrate to be without any foundation in fact

or history. I intend afterward to move to strike out the whole clause

annulling the Missouri prohibition.

I enter into this debate, Mr. President, in no spirit of personal

unkindness. The issue is too grave and too momentous for the indulgence

of such feelings. I see the great question before me, and that question

only.

Sir, these crowded galleries, these thronged lobbies, this full

attendance of the Senate, prove the deep, transcendent interest of the

theme.

A few days only have elapsed since the Congress of the United States

assembled in this Capitol. Then no agitation seemed to disturb the

political elements. Two of the great political parties of the country,

in their national conventions, had announced that slavery agitation was

at an end, and that henceforth that subject was not to be discussed in

Congress or out of Congress. The President, in his annual message, had

referred to this state of opinion, and had declared his fixed purpose to

maintain, as far as any responsibility attached to him, the quiet of the

country. Let me read a brief extract from that message:

"It is no part of my purpose to give prominence to any subject which may

properly be regarded as set at rest by the deliberate judgment of the

people. But while the present is bright with promise, and the future

full of demand and inducement for the exercise of active intelligence,

the past can never be without useful lessons of admonition and

instruction. If its dangers serve not as beacons, they will evidently

fail to fulfil the object of a wise design. When the grave shall have

closed over all those who are now endeavoring to meet the obligations of

duty, the year 1850 will be recurred to as a period filled with anxious

apprehension. A successful war had just terminated. Peace brought with

it a vast augmentation of territory. Disturbing questions arose, bearing

upon the domestic institutions of one portion of the Confederacy, and

involving the constitutional rights of the States. But, notwithstanding

differences of opinion and sentiment, which then existed in relation

to details and specific provisions, the acquiescence of distinguished

citizens, whose devotion to the Union can never be doubted, had given

renewed vigor to our institutions, and restored a sense of repose and

security to the public mind throughout the Confederacy. That this repose

is to suffer no shock during my official term, if I have power to avert

it, those who placed me here may be assured."

The agreement of the two old political parties, thus referred to by the

Chief Magistrate of the country, was complete, and a large majority of

the American people seemed to acquiesce in the legislation of which he

spoke.

A few of us, indeed, doubted the accuracy of these statements, and the

permanency of this repose. We never believed that the acts of 1850 would

prove to be a permanent adjustment of the slavery question. We believed

no permanent adjustment of that question possible except by a return to

that original policy of the fathers of the Republic, by which slavery

was restricted within State limits, and freedom, without exception or

limitation, was intended to be secured to every person outside of State

limits and under the exclusive jurisdiction of the General Government.

But, sir, we only represented a small, though vigorous and growing,

party in the country. Our number was small in Congress. By some we were

regarded as visionaries--by some as factionists; while almost all agreed

in pronouncing us mistaken.

And so, sir, the country was at peace. As the eye swept the entire

circumference of the horizon and upward to mid-heaven not a cloud

appeared; to common observation there was no mist or stain upon the

clearness of the sky.

But suddenly all is changed. Rattling thunder breaks from the cloudless

firmament. The storm bursts forth in fury. Warring winds rush into

conflict.

"_Eurus, Notusque ruunt, creberque procellis Africus_."

Yes, sir, "_creber procellis Africus_"--the South wind thick with storm.

And now we find ourselves in the midst of an agitation, the end and

issue of which no man can foresee.

Now, sir, who is responsible for this renewal of strife and controversy?

Not we, for we have introduced no question of territorial slavery into

Congress--not we who are denounced as agitators and factionists. No,

sir: the quietists and the finalists have become agitators; they who

told us that all agitation was quieted, and that the resolutions of the

political conventions put a final period to the discussion of slavery.

This will not escape the observation of the country. It is Slavery that

renews the strife. It is Slavery that again wants room. It is Slavery,

with its insatiate demands for more slave territory and more slave

States.

And what does Slavery ask for now? Why, sir, it demands that a

time-honored and sacred compact shall be rescinded--a compact which has

endured through a whole generation--a compact which has been

universally regarded as inviolable, North and South--a compact, the

constitutionality of which few have doubted, and by which all have

consented to abide.

It will not answer to violate such a compact without a pretext. Some

plausible ground must be discovered or invented for such an act; and

such a ground is supposed to be found in the doctrine which was advanced

the other day by the Senator from Illinois, that the compromise acts of

1850 "superseded "the prohibition of slavery north of 36° 30', in the

act preparatory for the admission of Missouri. Ay,sir, "superseded" is

the phrase--"superseded by the principles of the legislation of 1850,

commonly called the compromise measures."

It is against this statement, untrue in fact, and without foundation in

history, that the amendment which I have proposed is directed.

Sir, this is a novel idea. At the time when these measures were before

Congress in 1850, when the questions involved in them were discussed

from day to day, from week to week, and from month to month, in this

Senate chamber, who ever heard that the Missouri prohibition was to be

superseded? What man, at what time, in what speech, ever suggested the

idea that the acts of that year were to affect the Missouri compromise?

The Senator from Illinois the other day invoked the authority of Henry

Clay--that departed statesman, in respect to whom, whatever may be the

differences of political opinion, none question that, among the great

men of this country, he stood proudly eminent. Did he, in the report

made by him as the chairman of the Committee of Thirteen, or in any

speech in support of the compromise acts, or in any conversation in the

committee, or out of the committee, ever even hint at this doctrine of

supersedure? Did any supporter or any opponent of the compromise

acts ever vindicate or condemn them on the ground that the Missouri

prohibition would be affected by them? Well, sir, the compromise acts

were passed. They were denounced North, and they were denounced South.

Did any defender of them at the South ever justify his support of them

upon the ground that the South had obtained through them the repeal of

the Missouri prohibition? Did any objector to them at the North ever

even suggest as a ground of condemnation that that prohibition was swept

away by them? No, sir! No man, North or South, during the whole of

the discussion of those acts here, or in that other discussion which

followed their enactment throughout the country, ever intimated any such

opinion.

Now, sir, let us come to the last session of Congress. A Nebraska bill

passed the House and came to the Senate, and was reported from the

Committee on Territories by the Senator from Illinois, as its chairman.

Was there any provision in it which even squinted toward this notion of

repeal by supersedure? Why, sir, Southern gentlemen opposed it on

the very ground that it left the Territory under the operation of the

Missouri prohibition. The Senator from Illinois made a speech in defence

of it. Did he invoke Southern support upon the ground that it superseded

the Missouri prohibition? Not at all. Was it opposed or vindicated

by anybody on any such ground? Every Senator knows the contrary. The

Senator from Missouri (Mr. Atchison), now the President of this body,

made a speech upon the bill, in which he distinctly declared that the

Missouri prohibition was not repealed, and could not be repealed.

I will send this speech to the Secretary, and ask him to read the

paragraphs marked. The Secretary read as follows:

"I will now state to the Senate the views which induced me to oppose

this proposition in the early part of this session.

"I had two objections to it. One was that the Indian title in that

Territory had not been extinguished, or, at least, a very small portion

of it had been. Another was the Missouri compromise, or, as it is

commonly called, the slavery restriction. It was my opinion at that

time--and I am not now very clear on that subject--that the law of

Congress, when the State of Missouri was admitted into the Union,

excluding slavery from the Territory of Louisiana north of 36° 30',

would be enforced in that Territory unless it was specially rescinded,

and whether that law was in accordance with the Constitution of the

United States or not, it would do its work, and that work would be to

preclude slave-holders from going into that Territory. But when I came

to look into that question, I found that there was no prospect, no

hope, of a repeal of the Missouri compromise excluding slavery from that

Territory. Now, sir, I am free to admit, that at this moment, at this

hour, and for all time to come, I should oppose the organization or

the settlement of that Territory unless my constituents, and

the constituents of the whole South--of the slave States of the

Union,--could go into it upon the same footing, with equal rights and

equal privileges, carrying that species of property with them as other

people of this Union. Yes, sir, I acknowledge that that would have

governed me, but I have no hope that the restriction will ever be

repealed.

"I have always been of opinion that the first great error committed

in the political history of this country was the ordinance of 1787,

rendering the Northwest Territory free territory. The next great error

was the Missouri compromise. But they are both irremediable. There is no

remedy for them. We must submit to them. I am prepared to do it. It is

evident that the Missouri compromise cannot be re-pealed. So far as that

question is concerned, we might as well agree to the admission of this

Territory now as next year, or five or ten years hence."--_Congressional

Globe_, Second Session, 32d Cong., vol. xxvi., page 1113.

That, sir, is the speech of the Senator from Missouri (Mr. Atchison),

whose authority, I think, must go for something upon this question. What

does he say? "When I came to look into that question"--of the possible

repeal of the Missouri prohibition--that was the question he was looking

into--"I found that there was no prospect, no hope, of a repeal of the

Missouri compromise excluding slavery from that Territory." And yet,

sir, at that very moment, according to this new doctrine of the Senator

from Illinois, it had been repealed three years!

Well, the Senator from Missouri said further, that if he thought it

possible to oppose this restriction successfully, he never would consent

to the organization of the territory until it was rescinded. But, said

he, "I acknowledge that I have no hope that the restriction will ever be

repealed." Then he made some complaint, as other Southern gentlemen have

frequently done, of the ordinance of 1787, and the Missouri prohibition;

but went on to say: "They are both irremediable; there is no remedy for

them; we must submit to them; I am prepared to do it; it is evident that

the Missouri compromise cannot be repealed."

Now, sir, when was this said? It was on the morning of the 4th of March,

just before the close of the last session, when that Nebraska bill,

reported by the Senator from Illinois, which proposed no repeal, and

suggested no supersedure, was under discussion. I think, sir, that all

this shows pretty clearly that up to the very close of the last session

of Congress nobody had ever thought of a repeal by supersedure. Then

what took place at the commencement of the present session? The Senator

from Iowa, early in December, introduced a bill for the organization

of the Territory of Nebraska. I believe it was the same bill which was

under discussion here at the last session, line for line, word for word.

If I am wrong, the Senator will correct me.

Did the Senator from Iowa, then, entertain the idea that the Missouri

prohibition had been superseded? No, sir, neither he nor any other man

here, so far as could be judged from any discussion, or statement, or

remark, had received this notion.

Well, on the 4th day of January, the Committee on Territories, through

their chairman, the Senator from Illinois, made a report on the

territorial organization of Nebraska; and that report was accompanied by

a bill. Now, sir, on that 4th day of January, just thirty days ago, did

the Committee on Territories entertain the opinion that the compromise

acts of 1850 superseded the Missouri prohibition? If they did, they were

very careful to keep it to themselves. We will judge the committee by

their own report. What do they say in that? In the first place they

describe the character of the controversy, in respect to the Territories

acquired from Mexico. They say that some believed that a Mexican law

prohibiting slavery was in force there, while others claimed that the

Mexican law became inoperative at the moment of acquisition, and that

slave-holders could take their slaves into the Territory and hold

them there under the provisions of the Constitution. The Territorial

Compromise acts, as the committee tell us, steered clear of these

questions. They simply provided that the States organized out of these

Territories might come in with or without slavery, as they should elect,

but did not affect the question whether slaves could or could not be

introduced before the organization of State governments. That question

was left entirely to judicial decision.

Well, sir, what did the committee propose to do with the Nebraska

Territory? In respect to that, as in respect to the Mexican Territory,

differences of opinion exist in relation to the introduction of slaves.

There are Southern gentlemen who contend that notwithstanding the

Missouri prohibition, they can take their slaves into the territory

covered by it, and hold them there by virtue of the Constitution. On the

other hand the great majority of the American people, North and South,

believe the Missouri prohibition to be constitutional and effectual.

Now, what did the committee pro-pose? Did they propose to repeal the

prohibition? Did they suggest that it had been superseded? Did they

advance any idea of that kind? No, sir. This is their language:

"Under this section, as in the case of the Mexican law in New Mexico

and Utah, it is a disputed point whether slavery is prohibited in the

Nebraska country by valid enactment. The decision of this question

involves the constitutional power of Congress to pass laws prescribing

and regulating the domestic institutions of the various Territories

of the Union. In the opinion of those eminent statesmen who hold that

Congress is invested with no rightful authority to legislate upon the

subject of slavery in the Territories, the eighth section of the act

preparatory to the admission of Missouri is null and void, while the

prevailing sentiment in a large portion of the Union sustains the

doctrine that the Constitution of the United States secures to every

citizen an inalienable right to move into any of the Territories with

his property, of whatever kind and description, and to hold and

enjoy the same under the sanction of law. Your committee do not

feel themselves called upon to enter into the discussion of these

controverted questions. They involve the same grave issues which

produced the agitation, the sectional strife, and the fearful struggle

of 1850."

This language will bear repetition:

"Your committee do not feel themselves called upon to enter into the

discussion of these controverted questions. They involve the same grave

issues which produced the agitation, the sectional strife, and the

fearful struggle of 1850."

And they go on to say:

"Congress deemed it wise and prudent to refrain from deciding the

matters in controversy then, either by affirming or repealing the

Mexican laws, or by an act declaratory of the true intent of the

Constitution and the extent of the protection afforded by it to slave

property in the Territories; so your committee are not prepared now

to recommend a departure from the course pursued on that memorable

occasion, either by affirming or repealing the eighth section of

the Missouri act, or by any act declaratory of the meaning of the

Constitution in respect to the legal points in dispute."

Mr. President, here are very remarkable facts. The Committee on

Territories declared that it was not wise, that it was not prudent, that

it was not right, to renew the old controversy, and to arouse agitation.

They declared that they would abstain from any recommendation of a

repeal of the prohibition, or of any provision declaratory of the

construction of the Constitution in respect to the legal points in

dispute.

Mr. President, I am not one of those who suppose that the question

between Mexican law and the slave-holding claims was avoided in the

Utah and New Mexico Act; nor do I think that the introduction into the

Nebraska bill of the provisions of those acts in respect to slavery

would leave the question between the Missouri prohibition and the same

slave-holding claims entirely unaffected.' I am of a very different

opinion. But I am dealing now with the report of the Senator from

Illinois, as chairman of the committee, and I show, beyond all

controversy, that that report gave no countenance whatever to the

doctrine of repeal by supersedure.

Well, sir, the bill reported by the committee was printed in the

Washington Sentinel on Saturday, January 7th. It contained twenty

sections; no more, no less. It contained no provisions in respect to

slavery, except those in the Utah and New Mexico bills. It left those

provisions to speak for themselves. This was in harmony with the report

of the committee. On the 10th of January--on Tuesday--the act appeared

again in the Sentinel; but it had grown longer during the interval.

It appeared now with twenty-one sections. There was a statement in

the paper that the twenty-first section had been omitted by a clerical

error.

But, sir, it is a singular fact that this twenty-first section is

entirely out of harmony with the committee's report. It undertakes to

determine the effect of the provision in the Utah and New Mexico bills.

It declares, among other things, that all questions pertaining

to slavery in the Territories, and in the new States to be formed

therefrom, are to be left to the decision of the people residing

therein, through their appropriate representatives. This provision, in

effect, repealed the Missouri prohibition, which the committee, in their

report, declared ought not to be done. Is it possible, sir, that this

was a mere clerical error? May it not be that this twenty-first section

was the fruit of some Sunday work, between Saturday the 7th, and Tuesday

the 10th?

But, sir, the addition of this section, it seems, did not help the bill.

It did not, I suppose, meet the approbation of Southern gentlemen,

who contended that they have a right to take their slaves into the

Territories, notwithstanding any prohibition, either by Congress or by a

Territorial Legislature. I dare say it was found that the votes of these

gentlemen could not be had for the bill with that clause in it. It was

not enough that the committee had abandoned their report, and added

this twenty-first section, in direct contravention of its reasonings and

principles. The twenty-first section itself must be abandoned, and the

repeal of the Missouri prohibition placed in a shape which would not

deny the slave-holding claim.

The Senator from Kentucky (Mr. Dixon), on the 16th of January, submitted

an amendment which came square up to repeal, and to the claim. That

amendment, probably, produced some fluttering and some consultation. It

met the views of Southern Senators, and probably determined the shape

which the bill has finally assumed. Of the various mutations which it

has undergone, I can hardly be mistaken in attributing the last to the

amendment of the Senator from Kentucky. That there is no effect without

a cause, is among our earliest lessons in physical philosophy, and I

know of no causes which will account for the remarkable changes which

the bill underwent after the 16th of January, other than that amendment,

and the determination of Southern Senators to support it, and to

vote against any provision recognizing the right of any Territorial

Legislature to prohibit the introduction of slavery.

It was just seven days, Mr. President, after the Senator from Kentucky

had offered his amendment, that a fresh amendment was reported from the

Committee on Territories, in the shape of a new bill, enlarged to forty

sections. This new bill cuts off from the proposed Territory half

a degree of latitude on the south, and divides the residue into

two Territories--the southern Territory of Kansas, and the northern

Territory of Nebraska. It applies to each all the provisions of the

Utah and New Mexico bills; it rejects entirely the twenty-first

clerical-error section, and abrogates the Missouri prohibition by the

very singular provision, which I will read:

"The Constitution and all laws of the United States which are not

locally inapplicable shall have the same force and effect within the

said Territory of Nebraska as elsewhere within the United States, except

the eighth section of the act preparatory to the admission of Missouri

into the Union, approved March 6, 1820, which was superseded by the

principles of the legislation of 1850, commonly called the compromise

measures, and is therefore declared inoperative."

Doubtless, Mr. President, this provision operates as a repeal of the

prohibition. The Senator from Kentucky was right when he said it was in

effect the equivalent of his amendment. Those who are willing to break

up and destroy the old compact of 1820 can vote for this bill with full

assurance that such will be its effect. But I appeal to them not to

vote for this supersedure clause. I ask them not to incorporate into

the legislation of the country a declaration which every one knows to be

wholly untrue.

I have said that this doctrine of supersedure is new. I have now proved

that it is a plant of but ten days' growth. It was never seen or heard

of until the 23d day of January, 1854. It was upon that day that this

tree of Upas was planted; we already see its poison fruits. * * *

The truth is, that the compromise acts of 1850 were not intended to

introduce any principles of territorial organization applicable to any

other Territory except that covered by them. The professed object of

the friends of the compromise acts was to compose the whole slavery

agitation. There were various matters of complaint. The non-surrender

of fugitives from service was one. The existence of slavery and the

slave-trade here in this District and elsewhere, under the exclusive

jurisdiction of Congress, was another. The apprehended introduction of

slavery into the Territories furnished other grounds of controversy.

The slave States complained of the free States, and the free States

complained of the slave States. It was supposed by some that this whole

agitation might be stayed, and finally put at rest by skilfully adjusted

legislation. So, sir, we had the omnibus bill, and its appendages the

fugitive-slave bill and the District slave-trade suppression bill.

To please the North--to please the free States--California was to be

admitted, and the slave depots here in the District were to be broken

up. To please the slave States, a stringent fugitive-slave act was to

be passed, and slavery was to have a chance to get into the new

Territories. The support of the Senators and Representatives from

Texas was to be gained by a liberal adjustment of boundary, and by the

assumption of a large portion of their State debt. The general result

contemplated was a complete and final adjustment of all questions

relating to slavery. The acts passed. A number of the friends of the

acts signed a compact pledging themselves to support no man for any

office who would in any way renew the agitation. The country was

required to acquiesce in the settlement as an absolute finality. No man

concerned in carrying those measures through Congress, and least of all

the distinguished man whose efforts mainly contributed to their success,

ever imagined that in the Territorial acts, which formed a part of the

series, they were planting the germs of a new agitation. Indeed, I have

proved that one of these acts contained an express stipulation which

precludes the revival of the agitation in the form in which it is now

thrust upon the country, without manifest disregard of the provisions of

those acts themselves.

I have thus proved beyond controversy that the averment of the bill,

which my amendment proposes to strike out, is untrue. Senators, will you

unite in a statement which you know to be contradicted by the history of

the country? Will you incorporate into a public statute an affirmation

which is contradicted by every event which attended or followed the

adoption of the compromise acts? Will you here, acting under your high

responsibility as Senators of the States, assert as a fact, by a solemn

vote, that which the personal recollection of every Senator who was here

during the discussion of those compromise acts disproves? I will not

believe it until I see it. If you wish to break up the time-honored

compact embodied in the Missouri compromise, transferred into the joint

resolution for the annexation of Texas, preserved and affirmed by these

compromise acts themselves, do it openly--do it boldly. Repeal the

Missouri prohibition. Repeal it by a direct vote. Do not repeal it by

indirection. Do not "declare" it "inoperative," "because superseded by

the principles of the legislation of 1850."

Mr. President, three great eras have marked the history of this country

in respect to slavery. The first may be characterized as the Era of

ENFRANCHISEMENT. It commenced with the earliest struggles for national

independence. The spirit which inspired it animated the hearts and

prompted the efforts of Washington, of Jefferson, of Patrick Henry, of

Wythe, of Adams, of Jay, of Hamilton, of Morris--in short, of all the

great men of our early history. All these hoped for, all these labored

for, all these believed in, the final deliverance of the country

from the curse of slavery. That spirit burned in the Declaration of

Independence, and inspired the provisions of the Constitution, and the

Ordinance of 1787. Under its influence, when in full vigor, State after

State provided for the emancipation of the slaves within their limits,

prior to the adoption of the Constitution. Under its feebler influence

at a later period, and during the administration of Mr. Jefferson, the

importation of slaves was prohibited into Mississippi and Louisiana, in

the faint hope that those Territories might finally become free States.

Gradually that spirit ceased to influence our public councils, and lost

its control over the American heart and the American policy. Another

era succeeded, but by such imperceptible gradations that the lines which

separate the two cannot be traced with absolute precision. The facts of

the two eras meet and mingle as the currents of confluent streams mix

so imperceptibly that the observer cannot fix the spot where the meeting

waters blend.

This second era was the Era of CONSERVATISM. Its great maxim was to

preserve the existing condition. Men said: Let things remain as they

are; let slavery stand where it is; exclude it where it is not; refrain

from disturbing the public quiet by agitation; adjust all difficulties

that arise, not by the application of principles, but by compromises.

It was during this period that the Senator tells us that slavery was

maintained in Illinois, both while a Territory and after it became a

State, in despite of the provisions of the ordinance. It is true, sir,

that the slaves held in the Illinois country, under the French law,

were not regarded as absolutely emancipated by the provisions of the

ordinance. But full effect was given to the ordinance in excluding

the introduction of slaves, and thus the Territory was preserved

from eventually becoming a slave State. The few slave-holders in

the Territory of Indiana, which then included Illinois, succeeded in

obtaining such an ascendency in its affairs, that repeated applications

were made not merely by conventions of delegates, but by the Territorial

Legislature itself, for a suspension of the clause in the ordinance

prohibiting slavery. These applications were reported upon by John

Randolph, of Virginia, in the House, and by Mr. Franklin in the Senate.

Both the reports were against suspension. The grounds stated by Randolph

are specially worthy of being considered now. They are thus stated in

the report:

"That the committee deem it highly dangerous and inexpedient to impair

a provision wisely calculated to promote the happiness and prosperity

of the Northwestern country, and to give strength and security to that

extensive frontier. In the salutary operation of this sagacious and

benevolent restraint, it is believed that the inhabitants of Indiana

will, at no very distant day, find ample remuneration for a temporary

privation of labor and of emigration."

Sir, these reports, made in 1803 and 1807, and the action of Congress

upon them, in conformity with their recommendation, saved Illinois, and

perhaps Indiana, from becoming slave States. When the people of Illinois

formed their State constitution, they incorporated into it a section

providing that neither slavery nor involuntary servitude shall hereafter

be introduced into this State. The constitution made provision for the

continued service of the few persons who were originally held as slaves,

and then bound to service under the Territorial laws, and for the

freedom of their children, and thus secured the final extinction of

slavery. The Senator thinks that this result is not attributable to the

ordinance. I differ from him. But for the ordinance, I have no doubt

slavery would have been introduced into Indiana, Illinois, and Ohio.

It is something to the credit of the Era of Conservatism, uniting its

influences with those of the expiring Era of Enfranchisement, that it

maintained the ordinance of 1787 in the Northwest.

The Era of CONSERVATISM passed, also by imperceptible gradations, into

the Era of SLAVERY PROPAGANDISM. Under the influences of this new spirit

we opened the whole territory acquired from Mexico, except California,

to the ingress of slavery. Every foot of it was covered by a Mexican

prohibition; and yet, by the legislation of 1850, we consented to expose

it to the introduction of slaves. Some, I believe, have actually been

carried into Utah and New Mexico. They may be few, perhaps, but a few

are enough to affect materially the probable character of their future

governments. Under the evil influences of the same spirit, we are now

called upon to reverse the original policy of the Republic; to support

even a solemn compact of the conservative period, and open Nebraska to

slavery.

Sir, I believe that we are upon the verge of another era. That era will

be the Era of REACTION. The introduction of this question here, and its

discussion, will greatly hasten its advent. We, who insist upon the

denationalization of slavery, and upon the absolute divorce of the

General Government from all connection with it, will stand with the men

who favored the compromise acts, and who yet wish to adhere to them,

in their letter and in their spirit, against the repeal of the Missouri

prohibition. But you may pass it here. You may send it to the other

House. It may become a law. But its effect will be to satisfy all

thinking men that no compromises with slavery will endure, except so

long as they serve the interests of slavery; and that there is no safe

and honorable ground for non-slaveholders to stand upon, except that

of restricting slavery within State limits, and excluding it absolutely

from the whole sphere of Federal jurisdiction. The old questions between

political parties are at rest. No great question so thoroughly possesses

the public mind as this of slavery. This discussion will hasten the

inevitable reorganization of parties upon the new issues which our

circumstances suggest. It will light up a fire in the country which may,

perhaps, consume those who kindle it. * * *

EDWARD EVERETT,

OF MASSACHUSETTS.

(BORN 1794, DIED 1865.)

ON THE KANSAS-NEBRASKA BILL;

SENATE OF THE UNITED STATES, FEBRUARY 8, 1854

I will not take up the time of the Senate by going over the somewhat

embarrassing and perplexed history of the bill, from its first entry

into the Senate until the present time. I will take it as it now stands,

as it is printed on our tables, and with the amendment which was offered

by the Senator from Illinois (Mr. Douglas) yesterday, and which, iI

suppose, is now printed, and on our tables; and I will state, as briefly

as I can, the difficulties which I have found in giving my support to

this bill, either as it stands, or as it will stand when the amendment

shall be adopted. My chief objections are to the provisions on the

subject of slavery, and especially to the exception which is contained

in the 14th section, in the following words:

"Except the 8th section of the act preparatory to the admission of

Missouri into the Union, approved March 6, 1820, which was superseded

by the principles of the legislation of 1850, commonly called the

compromise measures, and is hereby declared inoperative."

On the day before yesterday the chairman of the Committee on Territories

proposed to change the words "superseded by" to "inconsistent with,"

as expressing more distinctly all that he meant to convey by that

impression. Yesterday, however, he brought in an amendment drawn up with

great skill and care, on notice given the day before, which is to strike

out the words "which was superseded by the principles of the legislation

of 1850, commonly called the compromise measures, and is hereby declared

inoperative," and to insert in lieu of them the following:

"Which being inconsistent with the principle of non-intervention by

Congress with slavery in the States and Territories, as recognized by

the legislation of 1850, commonly called the compromise measures, is

hereby declared inoperative and void; it being the true intent and

meaning of this act not to legislate slavery into any Territory or

State, nor to exclude it therefrom, but to leave the people thereof

perfectly free to form and regulate their domestic institutions in their

own way, subject only to the Constitution of the United States."

* * * * *

Now, sir, I think, in the first place, that the language of this

proposed enactment, being obscure, is of somewhat doubtful import, and

for that reason, unsatisfactory. I should have preferred a little more

directness. What is the condition of an enactment which is declared by a

subsequent act of Congress to be "inoperative and void?" Does it remain

in force? I take it, not. That would be a contradiction in terms, to say

that an enactment which had been declared by act of Congress inoperative

and void is still in force. Then, if it is not in force, if it is not

only inoperative and void, as it is to be declared, but is not in force,

it is of course repealed. If it is to be repealed, why not say so?

I think it would have been more direct and more parliamentary to say

"shall be and is hereby repealed." Then we should know precisely, so far

as legal and technical terms go, what the amount of this new legislative

provision is.

If the form is somewhat objectionable, I think the substance is still

more so. The amendment is to strike out the words "which was superseded

by," and to insert a provision that the act of 1820 is inconsistent

with the principle of congressional non-intervention, and is therefore

inoperative and void. I do not quite understand how much is conveyed

in this language. The Missouri restriction of 1820, it is said, is

inconsistent with the principle of the legislation of 1850. If anything

more is meant by "the principle" of the legislation of 1850, than the

measures which were adopted at that time in reference to the territories

of New Mexico and Utah--for I may assume that those are the legislative

measures referred to--if anything more is meant than that a certain

measure was adopted, and enacted in reference to those territories, I

take issue on that point. I do not know that it could be proved that,

even in reference to those territories, a principle was enacted at all.

A certain measure, or, if you please, a course of measures, was enacted

in reference to the Territories of New Mexico and Utah; but I do not

know that you can call this enacting a principle. It is certainly

not enacting a principle which is to carry with it a rule for other

Territories lying in other parts of the country, and in a different

legal position. As to the principle of non-intervention on the part

of Congress in the question of slavery, I do not find that, either as

principle or as measure, it was enacted in those territorial bills of

1850. I do not, unless I have greatly misread them, find that there is

anything at all which comes up to that. Every legislative act of those

territorial governments must come before Congress for allowance or

disallowance, and under those bills without repealing them, without

departing from them in the slightest degree, it would be competent for

Congress to-morrow to pass any law on that subject.

How then can it be said that the principle of non-intervention on the

part of Congress in the subject of slavery was enacted and established

by the compromise measures of 1850? But, whether that be so or not, how

can you find, in a simple measure applying in terms to these individual

Territories, and to them alone, a rule which is to govern all other

Territories with a retrospective and with a prospective action? Is

it not a mere begging of the question to say that those compromise

measures, adopted in this specific case, amount to such a general rule?

But, let us try it in a parallel case. In the earlier land legislation

of the United States, it was customary, without exception, when a

Territory became a State, to require that there should be a stipulation

in their State constitution that the public lands sold within their

borders should be exempted from taxation for five years after the sale.

This, I believe, continued to be the uniform practice down to the year

1820, when the State of Missouri was admitted. She was admitted under

the stipulation. If I mistake not, the next State which was admitted

into the Union--but it is not important whether it was the next or

not--came in without that stipulation, and they were left free to tax

the public lands the moment when they were sold. Here was a principle;

as much a principle as it is contended was established in the Utah and

New Mexico territorial bill; but did any one suppose that it acted upon

the other Territories? I believe the whole system is now abolished under

the operation of general laws, and the influence of that example may

have led to the change. But, until it was made by legislation, the mere

fact that public lands sold in Arkansas were immediately subject to

taxation, could not alter the law in regard to the public lands sold in

Missouri, or in any other to where they were they were exempt.

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