I am gratified, Mr. President, to see in the various propositions which

have been made, such a universal anxiety to save the country from

the dangerous dissensions which now prevail; and I have, under a very

serious view and without the least ambitious feeling whatever connected

with it, prepared a series of constitutional amendments, which I desire

to offer to the Senate, hoping that they may form, in part at least,

some basis for measures that may settle the controverted questions which

now so much agitate our country. Certainly, sir, I do not propose

now any elaborate discussion of the subject. Before presenting these

resolutions, however, to the Senate, I desire to make a few remarks

explanatory of them, that the Senate may understand their general scope.

The questions of an alarming character are those which have grown out

of the controversy between the northern and southern sections of our

country in relation to the rights of the slave-holding States in the

Territories of the United States, and in relation to the rights of

the citizens of the latter in their slaves. I have endeavored by these

resolutions to meet all these questions and causes of discontent, and

by amendments to the Constitution of the United States, so that the

settlement, if we happily agree on any, may be permanent, and leave no

cause for future controversy. These resolutions propose, then, in the

first place, in substance, the restoration of the Missouri Compromise,

extending the line throughout the Territories of the United States

to the eastern border of California, recognizing slavery in all the

territory south of that line, and prohibiting slavery in all the

territory north of it; with a provision, however, that when any of those

Territories, north or south, are formed into States, they shall then be

at liberty to exclude or admit slavery as they please; and that, in the

one case or the other, it shall be no objection to their admission into

the Union. In this way, sir, I propose to settle the question, both as

to territory and slavery, so far as it regards the Territories of the

United States.

I propose, sir, also, that the Constitution be so amended as to declare

that Congress shall have no power to abolish slavery in the District

of Columbia so long as slavery exists in the States of Maryland and

Virginia; and that they shall have no power to abolish slavery in any of

the places under their special jurisdiction within the Southern States.

These are the constitutional amendments which I propose, and embrace the

whole of them in regard to the questions of territory and slavery. There

are other propositions in relation to grievances, and in relation to

controversies, which I suppose are within the jurisdiction of Congress,

and may be removed by the action of Congress. I propose, in regard

to legislative action, that the fugitive slave law, as it is commonly

called, shall be declared by the Senate to be a constitutional act, in

strict pursuance of the Constitution. I propose to declare that it

has been decided by the Supreme Court of the United States to be

constitutional, and that the Southern States are entitled to a faithful

and complete execution of that law, and that no amendment shall be made

hereafter to it which will impair its efficiency. But, thinking that it

would not impair its efficiency, I have proposed amendments to it in two

particulars. I have understood from gentlemen of the North that there

is objection to the provision giving a different fee where the

commissioner decides to deliver the slave to the claimant, from that

which is given where he decides to discharge the alleged slave; the law

declares that in the latter case he shall have but five dollars, while

in the other he shall have ten dollars--twice the amount in one case

than in the other. The reason for this was very obvious. In case he

delivers the servant to his claimant he is required to draw out a

lengthy certificate, stating the principle and substantial grounds on

which his decision rests, and to return him either to the marshal or to

the claimant to remove him to the State from which he escaped. It was

for that reason that a larger fee was given to the commissioner, where

he had the largest service to perform. But, sir, the act being viewed

unfavorably and with great prejudice, in a certain portion of our

country, this was regarded as very obnoxious, because it seemed to give

an inducement to the commissioner to return the slave to the master, as

he thereby obtained the larger fee of ten dollars instead of the smaller

one of five dollars. I have said, let the fee be the same in both cases.

I have understood, furthermore, sir, that inasmuch as the fifth section

of that law was worded somewhat vaguely, its general terms had admitted

of the construction in the Northern States that all the citizens were

required, upon the summons of the marshal, to go with him to hunt up,

as they express it, and arrest the slave; and this is regarded as

obnoxious. They have said, "in the Southern States you make no such

requisition on the citizen"; nor do we, sir. The section, construed

according to the intention of the framers of it, I suppose, only

intended that the marshal should have the same right in the execution

of process for the arrest of a slave that he has in all other cases of

process that he is required to execute--to call on the _posse comitatus_

for assistance where he is resisted in the execution of his duty, or

where, having executed his duty by the arrest, an attempt is made to

rescue the slave. I propose such an amendment as will obviate this

difficulty and limit the right of the master and the duty of the citizen

to cases where, as in regard to all other process, persons may be called

upon to assist in resisting opposition to the execution of the laws.

I have provided further, sir, that the amendment to the Constitution

which I here propose, and certain other provisions of the Constitution

itself, shall be unalterable, thereby forming a permanent and

unchangeable basis for peace and tranquillity among the people. Among

the provisions in the present Constitution, which I have by amendment

proposed to render unalterable, is that provision in the first article

of the Constitution which provides the rule for representation,

including in the computation three-fifths of the slaves. That is to

be rendered unchangeable. Another is the provision for the delivery of

fugitive slaves. That is to be rendered unchangeable.

And with these provisions, Mr. President, it seems to me we have a solid

foundation upon which we may rest our hopes for the restoration of peace

and good-will among all the States of this Union, and all the people.

I propose,sir, to enter into no particular discussion. I have explained

the general scope and object of my proposition. I have provided further,

which I ought to mention, that, there having been some difficulties

experienced in the courts of the United States in the South in carrying

into execution the laws prohibiting the African slave trade, all

additions and amendments which may be necessary to those laws to render

them effectual should be immediately adopted by Congress, and especially

the provision of those laws which prohibit the importation of African

slaves into the United States. I have further provided it as a

recommendation to all the States of this Union, that whereas laws have

been passed of an unconstitutional character, (and all laws are of

that character which either conflict with the constitutional acts

of Congress, or which in their operation hinder or delay the proper

execution of the acts of Congress,) which laws are null and void, and

yet, though null and void, they have been the source of mischief and

discontent in the country, under the extraordinary circumstances in

which we are placed; I have supposed that it would not be improper or

unbecoming in Congress to recommend to the States, both North and South,

the repeal of all such acts of theirs as were intended to control, or

intended to obstruct the operation of the acts of Congress, or which in

their operation and in their application have been made use of for the

purpose of such hindrance and opposition, and that they will repeal

these laws or make such explanations or corrections of them as to

prevent their being used for any such mischievous purpose.

I have endeavored to look with impartiality from one end of our country

to the other; I have endeavored to search up what appeared to me to be

the causes of discontent pervading the land; and, as far as I am capable

of doing so, I have endeavored to propose a remedy for them. I am far

from believing that, in the shape in which I present these measures,

they will meet with the acceptance of the Senate. It will be

sufficiently gratifying if, with all the amendments that the superior

knowledge of the Senate may make to them, they shall, to any effectual

extent, quiet the country.

Mr. President, great dangers surround us. The Union of these States

is dear to the people of the United States. The long experience of its

blessings, the mighty hopes of the future, have made it dear to the

hearts of the American people. Whatever politicians may say, whatever

of dissension may, in the heat of party politics, be created among

our people, when you come down to the question of the existence of the

Constitution, that is a question beyond all politics; that is a question

of life and death. The Constitution and the Union are the life of this

great people--yes, sir, the life of life. We all desire to preserve

them, North and South; that is the universal desire. But some of the

Southern States, smarting under what they conceive to be aggressions of

their Northern brethren and of the Northern States, are not contented to

continue this Union, and are taking steps, formidable steps, towards a

dissolution of the Union, and towards the anarchy and the bloodshed, I

fear, that are to follow. I say, sir, we are in the presence of great

events. We must elevate ourselves to the level of the great occasion. No

party warfare about mere party questions or party measures ought now

to engage our attention. They are left behind; they are as dust in the

balance. The life, the existence of our country, of our Union, is

the mighty question; and we must elevate ourselves to all those

considerations which belong to this high subject.

I hope, therefore, gentlemen will be disposed to bring the sincerest

spirit of conciliation, the sincerest spirit and desire to adjust all

these difficulties, and to think nothing of any little concessions of

opinions that they may make, if thereby the Constitution and the country

can be preserved.

The great difficulty here, sir--I know it; I recognize it as the

difficult question, particularly with the gentlemen from the North--is

the admission of this line of division for the territory, and the

recognition of slavery on the one side, and the prohibition of it on the

other. The recognition of slavery on the southern side of that line is

the great difficulty, the great question with them. Now, I beseech you

to think, and you, Mr. President, and all, to think whether, for such

a comparative trifle as that, the Union of this country is to be

sacrificed. Have we realized to ourselves the momentous consequences of

such an event? When has the world seen such an event? This is a mighty

empire. Its existence spreads its influence throughout the civilized

world. Its overthrow will be the greatest shock that civilization and

free government have received; more extensive in its consequences; more

fatal to mankind and to the great principles upon which the liberty of

mankind depends, than the French revolution with all its blood, and with

all its war and violence. And all for what? Upon questions concerning

this line of division between slavery and freedom? Why, Mr. President,

suppose this day all the Southern States, being refused this right;

being refused this partition; being denied this privilege, were to

separate from the Northern States, and do it peacefully, and then were

to come to you peacefully and say, "let there be no war between us;

let us divide fairly the Territories of the United States"; could the

northern section of the country refuse so just a demand? What would you

then give them? What would be the fair proportion? If you allowed them

their fair relative proportion, would you not give them as much as is

now proposed to be assigned on the southern side of that line, and would

they not be at liberty to carry their slaves there, if they pleased? You

would give them the whole of that; and then what would be its fate?

Is it upon the general principle of humanity, then, that you (addressing

Republican Senators) wish to put an end to slavery, or is it to be urged

by you as a mere topic and point of party controversy to sustain party

power? Surely I give you credit for looking at it upon broader and

more generous principles. Then, in the worst event, after you have

encountered disunion, that greatest of all political calamities to the

people of this country, and the disunionists come, the separating States

come, and demand or take their portion of the Territories, they can

take, and will be entitled to take, all that will now lie on the

southern side of the line which I have proposed. Then they will have

a right to permit slavery to exist in it; and what do you gain for the

cause of anti-slavery? Nothing whatever. Suppose you should refuse their

demand, and claim the whole for yourselves, that would be a flagrant

injustice which you would not be willing that I should suppose would

occur. But if you did, what would be the consequence? A State north and

a State south, and all the States, north and south, would be attempting

to grasp at and seize this territory, and to get all of it that they

could. That would be the struggle, and you would have war; and not

only disunion, but all these fatal consequences would follow from your

refusal now to permit slavery to exist, to recognize it as existing,

on the southern side of the proposed line, while you give to the people

there the right to exclude it when they come to form a State government,

if such should be their will and pleasure.

Now, gentlemen, in view of this subject, in view of the mighty

consequences, in view of the great events which are present before you,

and of the mighty consequences which are just now to take effect, is

it not better to settle the question by a division upon the line of the

Missouri Compromise? For thirty years we lived quietly and peacefully

under it. Our people, North and South, were accustomed to look at it

as a proper and just line. Can we not do so again? We did it then to

preserve the peace of the country. Now you see this Union in the most

imminent danger. I declare to you that it is my solemn conviction that

unless something be done, and something equivalent to this proposition,

we shall be a separated and divided people in six months from this time.

That is my firm conviction. There is no man here who deplores it more

than I do; but it is my sad and melancholy conviction that that will be

the consequence. I wish you to realize fully the danger. I wish you

to realize fully the consequences which are to follow. You can give

increased stability to this Union; you can give it an existence, a

glorious existence, for great and glorious centuries to come, by now

setting it upon a permanent basis, recognizing what the South considers

as its rights; and this is the greatest of them all; it is that you

should divide the territory by this line, and allow the people south of

it to have slavery when they are admitted into the Union as States, and

to have it during the existence of the territorial government. That is

all. Is it not the cheapest price at which such a blessing as this Union

was ever purchased? You think, perhaps, or some of you, that there is no

danger, that it will but thunder and pass away. Do not entertain such a

fatal delusion. I tell you it is not so. I tell you that as sure as we

stand here disunion will progress. I fear it may swallow up even old

Kentucky in its vortex--as true a State to the Union as yet exists in

the whole Confederacy--unless something be done; but that you will have

disunion, that anarchy and war will follow it, that all this will take

place in six months, I believe as confidently as I believe in your

presence. I want to satisfy you of the fact.

* * * * *

The present exasperation; the present feeling of disunion, is the

result of a long-continued controversy on the subject of slavery and

of territory. I shall not attempt to trace that controversy; it is

unnecessary to the occasion, and might be harmful. In relation to such

controversies, I will say, though, that all the wrong is never on one

side, or all the right on the other. Right and wrong, in this world,

and in all such controversies, are mingled together. I forbear now any

discussion or any reference to the right or wrong of the controversy,

the mere party controversy; but in the progress of party, we now come

to a point where party ceases to deserve consideration, and the

preservation of the Union demands our highest and our greatest

exertions. To preserve the Constitution of the country is the highest

duty of the Senate, the highest duty of Congress--to preserve it and to

perpetuate it, that we may hand down the glories which we have received

to our children and to our posterity, and to generations far beyond us.

We are, Senators, in positions where history is to take notice of the

course we pursue.

History is to record us. Is it to record that when the destruction of

the Union was imminent; when we saw it tottering to its fall; when we

saw brothers arming their hands for hostility with one another, we stood

quarrelling about points of party politics; about questions which we

attempted to sanctify and to consecrate by appealing to our conscience

as the source of them? Are we to allow such fearful catastrophes to

occur while we stand trifling away our time? While we stand thus,

showing our inferiority to the great and mighty dead, showing our

inferiority to the high positions which we occupy, the country may be

destroyed and ruined; and to the amazement of all the world, the great

Republic may fall prostrate and in ruins, carrying with it the very hope

of that liberty which we have heretofore enjoyed; carrying with it, in

place of the peace we have enjoyed, nothing but revolution and havoc and

anarchy. Shall it be said that we have allowed all these evils to come

upon our country, while we were engaged in the petty and small disputes

and debates to which I have referred? Can it be that our name is to rest

in history with this everlasting stigma and blot upon it?

Sir, I wish to God it was in my power to preserve this Union by

renouncing or agreeing to give up every conscientious and other opinion.

I might not be able to discard it from my mind; I am under no obligation

to do that. I may retain the opinion, but if I can do so great a good as

to preserve my country and give it peace, and its institutions and its

Union stability, I will forego any action upon my opinions. Well, now,

my friends (addressing the Republican Senators), that is all that is

asked of you. Consider it well, and I do not distrust the result. As

to the rest of this body, the gentlemen from the South, I would say to

them, can you ask more than this? Are you bent on revolution, bent on

disunion. God forbid it. I cannot believe that such madness possesses

the American people. This gives reasonable satisfaction. I can speak

with confidence only of my own State. Old Kentucky will be satisfied

with it, and she will stand by the Union and die by the Union if this

satisfaction be given. Nothing shall seduce her. The clamor of no

revolution, the seductions and temptations of no revolution, will

tempt her to move one step. She has stood always by the side of the

Constitution; she has always been devoted to it, and is this day. Give

her this satisfaction, and I believe all the States of the South that

are not desirous of disunion as a better thing than the Union and the

Constitution, will be satisfied and will adhere to the Union, and

we shall go on again in our great career of national prosperity and

national glory.

But, sir, it is not necessary for me to speak to you of the consequences

that will follow disunion. Who of us is not proud of the greatness we

have achieved? Disunion and separation destroy that greatness. Once

disunited, we are no longer great. The nations of the earth who

have looked upon you as a formidable Power, and rising to untold and

immeasurable greatness in the future, will scoff at you. Your flag, that

now claims the respect of the world, that protects American property

in every port and harbor of the world, that protects the rights of

your citizens everywhere, what will become of it? What becomes of its

glorious influence? It is gone; and with it the protection of American

citizens and property. To say nothing of the national honor which

it displayed to all the world, the protection of your rights, the

protection of your property abroad is gone with that national flag,

and we are hereafter to conjure and contrive different flags for our

different republics according to the feverish fancies of revolutionary

patriots and disturbers of the peace of the world. No, sir; I want to

follow no such flag. I want to preserve the union of my country. We have

it in our power to do so, and we are responsible if we do not do it.

I do not despair of the Republic. When I see before me Senators of so

much intelligence and so much patriotism, who have been so honored by

their country, sent here as the guardians of that very union which is

now in question, sent here as the guardians of our national rights, and

as guardians of that national flag, I cannot despair; I cannot despond.

I cannot but believe that they will find some means of reconciling and

adjusting the rights of all parties, by concessions, if necessary, so

as to preserve and give more stability to the country and to its

institutions.

ROBERT TOOMBS,

OF GEORGIA. (BORN 1810--DIED 1885.)

ON SECESSION; SECESSIONIST OPINION;

IN THE UNITED STATES SENATE, JANUARY 7, 1861.

MR. PRESIDENT AND SENATORS:

The success of the Abolitionists and their allies, under the name of the

Republican party, has produced its logical results already. They have

for long years been sowing dragons' teeth, and have finally got a crop

of armed men. The Union, sir, is dissolved. That is an accomplished fact

in the path of this discussion that men may as well heed. One of your

confederates has already, wisely, bravely, boldly, confronted public

danger, and she is only ahead of many of her sisters because of her

greater facility for speedy action. The greater majority of those sister

States, under like circumstances, consider her cause as their cause; and

I charge you in their name to-day, "Touch not Saguntum." It is not only

their cause, but it is a cause which receives the sympathy and will

receive the support of tens and hundreds of thousands of honest

patriotic men in the non-slave-holding States, who have hither-to

maintained constitutional rights, and who respect their oaths, abide by

compacts, and love justice. And while this Congress, this Senate, and

this House of Representatives, are debating the constitutionality and

the expediency of seceding from the Union, and while the perfidious

authors of this mischief are showering down denunciations upon a large

portion of the patriotic men of this country, those brave men are coolly

and calmly voting what you call revolution--ay, sir, doing better than

that: arming to defend it. They appealed to the Constitution,

they appealed to justice, they appealed to fraternity, until the

Constitution, justice, and fraternity were no longer listened to in the

legislative halls of their country, and then, sir, they prepared for the

arbitrament of the sword; and now you see the glittering bayonet, and

you hear the tramp of armed men from your Capitol to the Rio Grande. It

is a sight that gladdens the eyes and cheers the heart of other millions

ready to second them.

Inasmuch, sir, as I have labored earnestly, honestly, sincerely, with

these men to avert this necessity so long as I deemed it possible, and

inasmuch as I heartily approve their present conduct of resistance, I

deem it my duty to state their case to the Senate, to the country, and

to the civilized world.

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