N AL t UNIVt MSI 1 N I IHHAMN 3 9002 06097 1091 YALE UNIVERSITY LIBRARY HISTORY THE EEBELLION: ITS AUTHORS AND CAUSES. BY JOSHUA R. GIDDINGS. NEW YORK: FOLLET, FOSTER & OO. 1864. Entered according to Act of Congress, in the year 1864, l-OLLETT, FOSTBK & CO., ¦ In the Clerk's Office of the United States District, Conrt for the iJwrthem District of New-Torfc Cc b J. J. Reed, Printer & Stereotvper, 43 Oontie Sti-oet, N. T. TO THE PEOPLE OP THE UNITED STATES, for -WHOSEJIIGHTB AND INTERESTS THE A0THOR SO LONG LABORED, THIS -W-OKK IS KESPECTFULLY DEDICATED, JOSHUA E. GIDDINGS. ADVERTISEMENT. By noting the time when any particular incident is said to have occurred, and then referring to the corresponding date in the "Journals of Congl^ess," "The American Archives," " American State Papers," " Annals of Congress," " Debates in Congress," or " Congressional Globe," the reader will find official, authority on which the statement is made. In all other cases the authority is particularly cited. PREFACE. The present EebeUion is the first in the annals of mankind, where a people have risen in arms against liberty for the purpose of establishing a despotism. With its remote and proximate causes the people should be familiar ; its authors and abettors should be known to the present and coming generations. In the long struggle which preceded actual secessipn, the writer participated. It was his fortune to enunciate the policy of separating the people of the frefe States and the federal power from the support of slavery, leaving that institution entirely with the States, where it had been left by the patriots who framed the charter of our Union. Messrs. Adams, Slade, and Gates, then members of Congress, sustained the policy ; others subsequently united with us ; we were opposed not by reason, or argument, or justice, but by personal detraction, mis representation, insult, threats of violence, and denunciation. The contest was earnest and protracted. For more than twenty years the author mingled in scenes of unusual interest The adoption and repeal of the gag-rules ; the trial of the Hon. John Quincy Adams; the censure of the author by the House of Representatives, and its reversal by the people ; the annex ation of Texas ; the memorable defeat of the slave power iu its efibrts to establish slavery in California ; the undisguised cor ruption exerted to tax the people of the free States for the payment of the debts of Texas ; the civil war for extending Til Vlll PEEFACE. slavery into Kansas ; the defeat of the Executive designs by the people, and the founding of frea institutions in that terri tory, constitute some of the incidents in which the author par ticipated. Defeated in their designs of transforming the Govemment into a slaveholding oligarchy, most of the slave States rebelled. against the Govemment which had protected them, defied its authority, and declared their intention to establish an indepen dent power, devoted to a perpetual war upon human nature. Few who mingled in these early conflicts now remain. Most of them have passed to their reward ; and the author, as he lingers upon the verge of time, presents this volume to the people of the United States, as an humble memoir of the poli tical scenes in which he participated, while it points out the causes and authors of the Rebellion. Jbepebson, -ObK), Avguat 30, 1863. THE EEBELLION: ITS CAUSES Am ITS AUTHORS. CHAPTER' I. THE FORMATION AJTO CHARACTER OF THE GOVERNMENT — ITS EARLT ACTION ON THE SUBJECT OF SLAVERY. The Continental Congress of 1114 united in a solemn assertion that " the inhabitants of these Colonies, by the immutahle hws of nature, by the British Constitution and their several charters, have the right to life, liberty and property." This avowal constituted the first step in the formation of what we call the "American TJnion." The publicists of Europe and many leading minds of the Colonies had turned their attention to the philosophy of human governments : many asserted the equal rights of all men to life, liberty and happiness. The doctrine was at that time much discussed in public speeches, in newspa per essays and pamphlets published for its promulgation. The Colonial governments had been formed at various periods prior to the general agitation of these doctrines. Georgia was the only colony founded upon the basis 'of human liberty, from which her people, however, receded after a few years of experience, adopting the despotic principle that governments possessed the same legitimate power to enslave men ¦which they had to secure them in the enjoyment of liberty : and while the declaration of rights put forth by the Congress of 1114 was far in advance of the governments of Europe and those of the Colonies, it nevertheless fell short of those subsequently enunciated in the Declaration of Independeuce in 1116 : but for the purpose of maintaining those asserted in 1114, the Colonists took up arms and gallantly defended their adopted faith at Lexington, Concord and Bunker Hill. 10 DECLABATION OF PBINCIPLES. j„g But being involved in civil war, they felt the propriety of more fully vindicating their course before the Christian world ; and Congress appointed a select committee of five members to draft a declara tion of principles to constitute the basis of the new government. This committee consisted of John Adams, of Massachusetts ; Roger Sherman, of Connecticut ; Benjamin Franklin, of Pennsylvania ; and Thomas Jefferson, of Virginia ; each of whom had already distinguished himself as an advocate of the new philosophy. Mr. Livingston, of New York, was also a member of the committee, and, though less distinguish ed on this subject, is supposed to have been as much devoted to the sup port of human rights as were his illustrious colleagues. In their report they proclaimed the self-evident truths, "that all men are created equal in their right to life, liberty, and the pursuit of hap piness ; that governments are instituted to secure the enjoyment of these rights ; that whenever any form of government ^becomes destructive of these ends, it is the right and duty of the people to alter or abolish it, and reorganize its powers ia such form as they may deem most likely to secure their interest and happiness." This was the second avowal of rights put forth by the founders of our Government ; and differed from the first in announcing the preroga tives of life, liberty and happiness, as conferred on all men, in all ages, and in all dimes. This declaration announced to the world that the Colonies had formed an indissoluble union for defending those doctrines : and was the consummation of the Union which had been commenced in 1114. But scarcely had the Colonies united upon these doctrines, when the subject of slavery came under discussion. Georgia called on- Con gress to furnish troops to prevettt slaves from escaping from the service of their masters. Many of the States legislated in regard to slaves who should be employed in the service of the United States, and some of them called on Congress to provide for the military employment of slaves ;* but the statesmen of that day carefully abstained from all leo-is- lation in favor of slavery, and wholly refused to recognize it as entitled to respectful consideration. But the commissioners appointed to nego tiate a treaty of peace with England, were not thus careful. Messrs, John Jay, John Adams, and Benjamin Franklin, were appointed for that purpose. They met the commissioners on the part of the British ministry, at Paris, and had nearly completed the negotiation, when Mr. Laurens, of South Carolina, who had been confined in England, being released by the British government, joined them, he having * ynUt American Arcbires of 1776. THE OOHFEDEEATIOU. 11 been also appointed a commissioner : at his suggestion the seventh article of the treaty was made to read as follows: "His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the United States." There had been no instructions for the commissioners to make ^„^ any stipulation in regard to slaves ; but as peace was important to the Colonies, the treaty was approved, notwithstanding this stipulation ; but neither the army nor fleet of Great Britain regarded this stipulation as of any validity whatever. When they left the United States they carried away many negroes claimed by the inhabitants, saying, in the language of the Declaration of Independence, " Governments are insti tuted to secure the enjoyment of liberty and not to protect slavery." And this seems to have been the idea of the British ministry, who refused compensation for the negroes thus deported, in violation of the letter of the treaty. The Government under the confederation, not only refused to act in favor of slavery, but its powers were actively put forth in favor of free dom. Congress a.bolished the institution in aU the territories of the United States, and sent forth an address to the people, in which they said : " Let it be remembered that it has ever been the pride and boast of America that the rights for which she contended were the rights of hvmam, nature, and if justice, good faith, honor, gratitude, and all the other qualities that ennoble the character of a nation and fulfill the ends of government be the fruits of our establishment, the cause of liberty will acquire a dignity and lustre which it has never enjoyed, and an example will be set which cannot but have the most favorable effect on the rights of mankind." The old confederation continued until 1189. During the thirteen years of its existence, the powers of Congress were exerted for the entire abo lition of slavery in the territory pqssessed by the United States ; and when the governmental authority passed over to the new organization under the Constitution, no human being was held in bondage under its laws or within its exclusive jurisdiction. Indeed, during the existence of the confederation no member of Congress raised his voice in favor of slavery ; or if he did, it would seem that no record of such opinions was preserved. In the convention which framed our Federal Constitution, at- ^^g^ . tempts were made to resist the progress of free principles. South Carohna and Georgia demanded security against the abolition of the 12 OHAKACTEE OF THE COBTSnTtTTION. Blave trade, but the difficulty was compromised upon the constitutional < assurance that it should not be prohibited until a.d. 1808. The States most interested in slave labor also insisted on being repre sented in Congress according to their population, including slaves. This was -violently opposed by members from those States which had com menced the work of emancipation, as it would give owners of slaves su perior influence iu the Govemment over the advocates of liberty propor tioned to the number of slaves they should hold in bondage, and thus operate against the essential doctrines on which the Govemment was founded. This point was also compromised, and the slaveholding States were allowed a representation according to the number of their free poj^ tflation, superadding thereto three-fifths of the whole number of their slaves ; thus giving to slaveholders an influence superior to that enjoyed by the advocates of liberty ; and the Constitution was thus made to ope rate to that extent in favor of oppression. But as an equivalent for this superior influence, the advocates of slavery agreed to contribute to the support of Governmeut in case of direct taxation according to their representation in Congress. This consideration, however, proved merely nominal, as the Government has seldom had recourse to that method of raising revenue. But the effects of giving to the slave States superior representati-on over the free States proved injurious to the Government, as it created a feeling of arrogance and superiority among the slaveholders, and a cor- tfesponding sense of inferiority and dependence on the part of northem statesmen. But none of the compromises operated further than to secure the States against any prohibition of the slave trade for twenty years, and the enjoyment of a superior representation in Congress. Under the articles of confederation, each of the several States had, in their sovereign capacity, admitted the citizens of other States resident with them to enjoy all the rights and privileges which its o-wn citizens enjoyed. Each also surrendered up offenders fleeing frdm other States, to be tak«n back for trial where the crimes had been committed. And under an assumed comity, each also gave up the slaves who had escaped to them from other States. These acts were performed by State author ity, with which the Federal power possessed no right to interfere. And in framing the Federal Constitution, the several States, in plain and Ob vious language, stipulated that these practices should be continued, but gave no authority to Congress, or to the Federal Government to enforce these stipulations. And although this was the obvious construction Of Ihe Constitution, y*t from abundant caution the tenth article of the DEVOTION TO LIBEETT. 13 Amendments was adopted, declaring " that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people." Thus was Con gress expressly prohibited from acting upon the subject contained in either of these clauses constituting the second section of the fourth article of l^e Constitution. But stUl further to secure the entire administration of the Federal power to the cause of freedom, the fifth amendment provided, " that no person shall be deprived " [by the United States] " of life, lib erty or property -without due process of law." A large majority of the Convention that framed the Constitution were evidently lovers of liberty, and supposed they had secured the people against all future attempts to prostitute the influence or powers of the nation to the support of despotism in any form ; and General Washing ton, the first President of the United States, entered upon his official du ties as Chief Magistrate of a free, govemment, committed entirely to the securing of life, liberty a/nd happiness to the entire people liiiing under its ex- dusive jurisdiction. No slave was captured or held under Federal laws. The northern States, acting in pursuance bf the advice of the old Con gress, entered at once upon the work of emancipation ; and /philanthro pists looked forward to the day as not far distant when the entire nation should be free from slavery. But the spirit of domination remained among the people of the slaveholding States. They had embraced the theory that black men were designed by the Creator to act as slaves to the white race. In carrying this theory into practice, three men from Virginia, named Fran cis McGuire, Baldwin Parsons and Absolem Wells, entered Washington county, Pennsylvania, and seized a free colored man named " John," car ried him to Virginia, and sold him. The offenders were indicted, and Govemor Mifflin, of Penn- „^gj sylvania, demanded them for trial. But the Executive of Vir ginia refused to deliver them according to the stipulation of the Constitution. Indeed, the Governor of that State asserted that the act of enslaving free colored men constituted only a trespass as between the parties, and a breach of the peace between the offenders and the State ; and as it was no crime to enslave free men under Virginia laws, there was no sufficient cause for delivering up the men who com- jnitted the trespass or breach of the peace in Pennsylvania. This seizing and enslaving a free man of Pennsylvania, being tacitly jus tified by the authorities of Virginia, would have constituted good cause for war between sovereign States. But the 'Governor of Pennsylvania, anxious to preserve the Union so recently formed, forbore all retaliatory 14 PETITION OF DE. FEANKXIN. measures. Yet he transmitted an account of the whole matter to the President of the United States, who laid the same before Congress. It was, however, acknowledged by all that neither the President nor Con gress could act upon the subject, and the State of Pennsylvania submitted to the outrage against her laws and dignity vrithout receiving from Vu:- ginia any reparation or apology.* The ruffians who kidnapped and enslaved this free man, instead of being punished for the crime, were regarded as having set an example and established a precedent for other desperate men, who, without the fear of punishment, seized free men in both slave and free States, and sold them into bondage. ^„ ' The Quakers of New York, New Jersey, Pennsylvania, Mary land and Virginia first petitioned Congress to pass laws prohibit ing the slave trade. On the petition being presented in the House of Representatives, no member attempted any -dndication of that traffic or of slavery. Those from South Carolina stigmatized the memorialists as " intermeddlers in matters outside their appropriate sphere of action." On the following day, however, a petition signed by the venerable Dr. Franklin, "President ofthe Society for Promoting the Abolition of Slavery, the Relief of Free Negroes Md in Bondage, and Improvement of the African Race," was presented for the consideration of the House. This memorial, written and signed by that distinguished philosopher and statesman, who had served on the committee appointed to draft the De claration of Independence and in the convention that framed the Consti tution, set forth, "that mankind are all formed by the same Almighty Being, alike objects of His care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the POLITICAL CREED OF AMERICANS FULLY COINCIDES WlrH THIS POSPTION." The petition closed -with the assertion that " the blessings of liberty ought rightfully to be administered without distinction of color, to all PEOPLE,"f and the memorialist earnestly prayed Congress " to step to the very verge of their powers for discouraging every species of traffic in the per sons of our fellow men." The memorial also set forth in its preamble the formation of the so ciety, which had been incorporated by the Legislature of Pennsylvania, and stated that, " by the blessing of Divme Providence, its efi'orts had • Yid6 American Archives of 1790. + These may bo regarded as tho dying words of thai; lUustrlous statesman. He departed to his final rest a few weelis subsequently. PKOTECnOBT OF FEEE NEGEOES. 15 been directed to the rdief from bondage of many of their feUow creatures of the AfricoM race.'' This public recognition of the primal rights of human nature; particu larly the equality of those rights which God has conferred upon all the various members of the human family; and the assertion that " no distinc tion should be made on account of color," appeared well calculated to provoke denial by southern members. And but few circumstances of that day show more clearly the sentiment and feeling of the American people, than the tacit admission by southern statesmen of the truths uttered in this petition. No one denied that all men were formed by the same Almighty Being; that all were endowed by heaven itself with the right to life, liberty and happiness; nor did any one deny the doctrine that colored men have a right to live, a right to liberty and hajjpiness. Yet members from the slaveholding States assailed the memo- , rialist; and charged him with hypocrisy. They asserted that such memorials were calculated to stir up the slaves to insurrection, to light the flames of dvil war; and intimated that the lives of certain members who maintained the doctrines of the memorial would be endangered, should they happen to be found within certain slave States.* The debate was continued at great length, but the memorial was re ferred to the appropriate committee by a vote of 43 to 14. The committee reported that Congress could not prohibit the slave trade until 1808, nor could it interfere with slavery in the States. They expressed a confidence that the several States would protect their free negroes; asserted the right of Congress to levy a tax on the importa tion of slaves; to interdict their importation to other nations in American ships; to prohibit foreigners from fitting out slave ships in American ports; and pledged Congress to the exercise of its constitutional powers for prompting the humane objects of the memorialists. On this report the debate was renewed -with much warmth. The me morialists were again assailed and charged with interfering in business which did not concern them. The Quakers were charged generally with having acted as spies in the Revolution, and now making indirect attacks upon southern men. They also insisted that the reprobation of slavery and the slave trade by the committee imputed to southem men the black est of crimes; that the admission that slavery was a barbarous institu tion was a substantial admission that slaveholders were a barbarous peo ple. Dr. Franklin, at that time venerated both in Europe and America for his love of justice and his high moral character, was personally assailed * This is supposed to be the first threat of personal violence uttered in Congress on account of an avowed love of Hberty, 16 FKANKLm DEFENDED. for having avowed the principles on which he had assisted in foundiog our Government. jr^gj , Northem members were more dispassionate, but appeared equal ly bold and determined. They disabused the memorialists of the charges made against them, vindicated their doctriaes, and spoke -with ab horrence of the crimes described ia the memorial; but no further action was then had in regard to the matter. ACT EESPEOTING FUGITIVE SLAVES. 17 CHAPTER IL ' IHE POWERS OF THE GOVEENMENT PROSTITUTED TO THE SUPPORT AND ENCOUR AGEMENT OP SLAVERY. The Federal Government continued for seventeen years to main- .„j. tain the rights of all men under its exclusive jurisdiction, to enjoy life, liberty and happiness. Foreign nations looked with admiration upon this as the only political organization founded on the immutable prin. ciples of equal justice and equal liberty to all members of the human family. But this recognition of the divine attributes as the basis of human gov ernment was in advance of the age. Nor were the American people pre pared to maintain the doctrines in the spirit which prompted their adop tion. The northern representatives, in framing the Constitution, had compromised their self-respect in yielding to the slave States permission to continue the slave trade, with its attendant crunes, for twenty years; and in surrendering to them a superior influence in the Government, ac cording to the number of their slaves : and now Congress was called npon to involve the nation in the disgraceful work of legislating for the capture and return of fugitive bondmen. As we have remarked, there was not merely no authority in the Constitution for Congress to act upon this subject; but that power was explicitly declared " to remain with the several States or with the people." Nor can we at this day state the reasons which prompted the intro duction of this subject: nor can we name the member of the Senate who brought it forward. At that time the deliberations and proceedings of that body were kept secret from the people. From the annals of Con gress we learn that on the 5th day of February, the House of Represen tatives proceeded to consider a bill from the Senate, entitled "An Act re specting fugitives from justice, and persons escaping from the service of their masters." We do not find that any debate was had upon it, but it passed the House of Representatives by a vote oi forty-eight to seven.* The bill provided that whenever a person owing service in one State should escape into another, the person to whom such service or labor may be due, his agent or attorney, might arrest and take him back to the * This was tbe point at which the Oovernment took its departure from th? letter and spirit of tiio Coostltution and of the purposes and designs of those who framed it. 2 18 THE CONSTITUTION PEOSTITUTBD TO OPPEESSION. State from which he had escaped. The bill further provided, that a fine of five hundred dollars might be assessed upon any person who should harbor or conceal the fugitive, or hinder, or obstruct his arrest, or rescue him after being arrested. The passage of this bill marks an important era in the administration of the American Government. Up to that period its legislative powers had been exerted to secure (to the extent of its jurisdiction) all persons in ¦ the enjoyment of liberty, according to the declared purpose of those who achieved our independence. By passing this bill, Congress assumed to act for the support of slavery, and against that liberty which the founders of the republic declared that God had conferred upon every human being, and of which the Constitution explicitly assured the world that no person should be deprived, except for crime. But the powers ordained by the Constitution to support liberty were now prostituted by Congress to uphold and secure slavery: and it were in vain for us, at this day, to speculate upon the motives of those who enacted this law. So far as we are taformed, there was no debate, and no man assigned any reason for his vote. The record indicates its passage without any discussion, without attractmg any particular atten tion ; and probably northern members who voted for it regarded the subject as of httle importance, while slaveholders must have deemed it very desirable. But the precedent thus set was soon found to be important. The reader will recollect, that in our treaty of peace with Great Britain, His Majesty had agreed to withdraw his troops and fleets from the United States "without carrying away any negroes or other property of the in habitants;" that, regardless of this stipulation, the army and navy of England deported many slaves. The several States from which they were carried could do nothing on the subject, and, although the clause was designed to uphold slavery, it had been inserted at the instance of Mr. Laurens, without instruction from the Executive, who appears to have felt little anxiety in regard to it. But as Congress had now acted for the support of that institution, the owners of deported slaves became clamor ous for indemnity; and the President was importuned to obtain it from Great Britain. As Congress had assumed the duty of protecting and upholding slavery in the States, the President appears to have felt unwilling further to re fuse action in favor of the institution, although he had long been anxious to abolish it. With Europeans, precedents, in matters of legislation, were regarded as of binding force; and this practice naturally commended itself to the statesmen of our country, who did not at that time appear 19 to realize that a republican govemment could only be sustamed by repu diating vicious precedents. Fortunately, Judge Jay, of New York, was appointed minister .j^^^ plenipotentiary to negotiate the " treaty of amity, commerce and na-vigation with Great Britain." He was instructed to demand of that government a compensation for the slaves deported after the signing of the treaty of peace in 1183. The demand was accordingly made; but the reply of Lord GrenviUe was satisfactory to our minister, who, in his report to our Government, pronounced the claim " odious," evidently feel ing that it was derogatory to the American Government to espouse the claims of men who professed to hold their fellow beings as property. The treaty was concluded without any reference to those claims ; was approv ed by President Washington and his Cabinet, and was ratified by the Senate. ' But a minority of the Senate were dissatisfied with the Execu. „^jj tive for failing to obtaia compensation for the owners of deported slaves ; and Mr. Gun, of Georgia, presented to that body a preamble and resolution in the following language: " Whereas, it was claimed that many negroes and other property had been carried away by the British army, in contravention of the 1th ar ticle of our treaty with Great Britain of 1183; therefore resolved, that the President be required to renew negotiations on that subject, and if unable to obtain indemnity under the treaty, that he may urge its allow ance as a matter tcTiding to cherish the desired friendship between the two governments." This bold proposition for placing the Federal Government in the atti tude of exertmg its moral influence before the civilized world in favor of treating men as property, was maintained with zeal and abUity and was debated at length, and was rejected by a majority of one vote.* While these efforts were being put forth to commit the Federal Gov ernment more fully to the support of this system of oppression, the Quak ers of the free States, and of Delaware, Maryland, Virginia and North Carolina, remained true to that holy influence in favor of justice and liberty, which constitutes an essential element of their religion. They continued annually to petition Congress for the abolition of the slave trade, for the protection of free negroes, and to prohibit the building of slave ships in American ports by the people of other nations. And a law was passed prohibiting the exportation of slaves from the United • Mr. Hunter, of Virginia, attempted to renew- this claim in tho Senate of the United States sisty years subsequently. 26 FEAtTDULENT TEEATIES. States to other nations, and forbidding the people of other governments from fitting out slave ships in the ports of the United States. But one of the most insidious methods of involving the people of the free States in the support of slavery, was that by which the Federal Government stipulated with southem Indian tribes for the arrest and return of fugitive slaves. Early as 1105, slaves in South Carolina left their masters and fled to the Creek Indians, where they were received tvith hospitality. They\t length found their way to Florida and settled upon the Appalachicola River. They obtained lands of the Spanish crown, and as early as 1135 were enrolled as a part of the military defence of that territory. Other slaves fled from Georgia, and found an asylum with the Creek Indians. In the years 1185, '86, and '81, the State of Georgia, in direct violation of the Articles of Confederation, made three several treaties with the Creeks for the purchase of lands and return of fugitive slaves. These treaties were declared to be fraudulent and void by the Indians, and at the adoption of the Constitution that State was engaged in war in con sequence of these fraudulent treaties, signed by chiefs and warriors who had no other than a fabulous existence.* Soon as the Constitution was framed, the State of Georgia hastened to adopt it, and at once called on the National Executive to protect her people against the hostile Indians. General Washington exerted the influence ofthe Government to obtain a treaty and permanent peace with the Indians. The treaty was effected at New York, in 1190, and contained an express stipulation for the return of fugitive slaves. But the slaves then resident with the Indians at once fled to Florida, and united with their brethren who resided on the Appalachicola River. The Executive of Georgia complained that the Indians did not return the fugitives according to stipulation, and called gn the President for a further treaty, which was agreed to, and Commissioners for negotiating it were nominated to the Senate and approved by that body. But long before the meeting for negotiating the treaty was to take place, the Executive of Georgia furnished the Couunissioners with a list of One hundred and ten slaves, who were said to have fled from planta tions in that State. The return of these slaves was peremptorily demanded, and the Commissioners were informed that " the people of Georgia would abide by no treaty in which her Commissioners were not ««ntulted." • nde " BxUes of Florida "and aathorlUca there cited. BOUTHEEN PE0TESTATI0N8. . 21 The Indians denied that those slaves were Uvmg with them ; but asserted that they were with the Seminoles in Florida ; that the Spanish author ities would not deliver them up, and that the Creeks were unable to capture them. The Secretary of War, General Knox, in view of the diflficul- ^^jg ties surrounding this question, recommended that Congress should appropriate money to pay for these slaves. The President transmitted this suggestion to Congress, when it was read and laid on the table. The treaty was entered into at " Colerain," and several negroes were delivered to the authorities of Georgia at the time of making it ; and the Indians renewed their promise to capture and return others soon as able to do so.* At that time the popular mind had become so far diverted from tbe doctrines and spirit which guided the patriots who framed the Constitu tion, that no objections appear to have been made to this covenant for capturing and returning fugitive slaves, in either House of Congress. But during the last session of the Third Congress, while a bill for the naturalization of foreigners was before the House of Representatives, Mr. Giles, of Virginia, moved an amendment, providing that every applicant for naturalization should renounce all titles of nobility before being admitted to citizenship. Mr. Dexter, of Massachusetts, proposed to amend the amendment by adding a clause requiring such applicant to emancipate all slaves which he might hold in bondage. The proposition, though in perfect accordance with republican insti tutions, excited much feeling among slaveholding members, who insisted that it was insulting to the dignity of the southern portion of the Union. They averred that the slave States, since the Revolution, had given a hearty support to the Government. Indeed, they appeared perfectly un conscious of that logic which teaches that nd man could sincerely believe that God had endowed all men with an imprescriptible right to liberty, while honestly holding his fellow men in slavery. The Fourth Congress was distinguished by the numerous im- .^j^g portant measures on which it was called to act. It became neces sary to make an appropriation of money to carry into effect the treaty which had recently been negotiated with Great Britain and ratified by the Senate. When the bill making this appropriation came under con sideration in the House of Representatives, the advocates of slavery stated * Vide American State Papers, Vol. H., " Indian Affairs." Also the " Exiles of Florida " and authorities quoted in that work. 22 OPPOSITION TO JAX'S TEEATT. that their principal objection to it arose in consequence of the treaty having failed to secure a compensation for deported slaves. During this debate northern members exhibited greater delicacy than had previously characterized the discussion of slavery. They were cautioas, avoiding all reference to primal doctrines. They seemed tacitly to admit that the Government might with propriety have insisted on full indemnity for the loss of the slaveholders ; yet as it was evident that a refusal to abide by the treaty would bring war again upon the nation, they insisted that it were better to make the appropriation. Southem members, however, remained firm m their opposition, and after a very protracted debate, the appropriation was carried by fifty-one votes in the affirmative to forty- eight in the negative, and the claims for deported slaves was thus dis posed of apparently to the mortification of southern members. In May, a.d. 1116, the Quakers of 'New Jersey, Pennsylvania and Delaware, at their yearly meetings, resolved to withdraw Christian fel lowship from those members of their order who should continue to hold slaves. In obedience to this expression of their church, most of their members who resided in Delaware, Maryland, Virginia and North Caro lina emancipated their slaves. The persons thus set free had been bred in bondage and ignorance, and most of them were stupid and slow of ap prehension. Desperate men were in the habit of seizing these people, taking them South and selling them into bondage. The people of those ' States and of Pennsylvania sent numerous petitions to Congress, asking that body to pass suitable laws for securmg these emancipated slaves iu the enjoyment of their liberty. This appeal to Congress to maintain the rights for the support of which the Government had been founded attracted attention. A resolution directing the Committee on the Judiciary " to report a bill to prevent the kidnappiag of free negroes and mulattoes," was adopted, and the Committee reported a bill, but it does not appear to have been called up for action. Indeed, northern members appeared timid and unwilling to bring forward any subject offensive to their southern friends. This feeling was further manifested on a bill to raise revenue by direct taxation upon slaves. It was reported' in obedience to a resolution of the House of Representatives, but no further action was had upon it. .„.. . The Quakers of North Carohna, in obedience to the canons of their church adopted in 1116, declaring that no member should hold slaves, emancipated their bondsmen. The number of persons thus set free is unknown. But certain individuals entertained the opinion that men had no right thus to emancipate the servants whom they had held in bondage, and they seized the emancipated people as fugitives from EAEBAEISM OF NOETH OAEOLINA. 23 Eervice. The Quakers applied to the judiciary, and were at first de feated. But they appealed to the court of dernier resort, and succeeded in obtaining a final judgment declaring the right of every master to eman cipate his slaves. By this decision several hundred, perhaps a thousand, slaves were transformed into free citizens of that State. But this eman cipation by the Quakers originated in religious principle, which seemed to imply that those who continued to hold slaves could not be regarded as conforming to rehgious duty. Slaveholders were restless under this implied reproof, and petitioned the Legislature of that State to devise means for remedying what they termed " the evils of emancipation." The Legislature did not hesitate to pass an act authorizing men who held a certain amount of real estate to capture and rfife'nslave the persons previously emancipated, excepting those who had served in the army of the Sevolution. But the class of men thus authorized to capture and enslave theu- fel low-beings were educated and unwilling to engage in such piratical work, and they unanimously refused to enter upon it. Under these circum stances,, the Legislature passed an amendatory act, authorizing any per sons to arrest those who had been emancipated, and on proof being made that they had been thus set free, they were to be sold at public auction to interminable servitude. Nor should the feelings of men at the present age be shocked at this manifestation of barbarism by the Legislature of North Carolina. If it be once admitted that legislatures or governments may in any case murder or enslave innocent persons, the time and occasion for doing it must rest entirely with those who possess the power. The effect of this legislative act was precisely that which was intended by those voting for It — men of desperate character, gamblers, horse-thieves and outlaws en gaged in hunting and capturing these helpless and almost friendless peo ple. The Quakers assisted them so far as they were able. They secreted some and fed them untU an opportunity Was presented for their escape. We have no authentic account of the number recaptured in North Caro lina.* Nor have we any d-ata by which to arrive at the number who were captured under the fugitive act after reaching other States and car ried back to North Carolina and sold into bondage. Many are said to have stopped in Virginia and Maryland, where the State laws regard all colored persons as slaves who cannot prove their freedom. These were said to have been seized and sold into slavery in those States, where such * The records of tho Court of Appeals for the counties of Perquimans, Pasquotank and Chowan show that one hundred and tblrty-aaven of these emancipatod people wero 9oId by the Sheriff in 07M (Joy. 24: PEIJIAL TEUTHS DISOAEDED. transactions were so frequent as to excite no particular attention. Others reached Pennsylvania, where they recognized the Quakers as frienda of humanity, and makiug them acquainted with their situation, were pro vided for and protected. Others, fleemg to Philadelphia, where Congress was sitting, were seized under the fugitive act and imprisoned in thait city. While thus imprisoned, they drew up a short history of the persecutions to which they had been subjected. To this was attached a petition and prayer for relief, and this memorial was sent to Congress, then in session. Mr. Swanwick, of Pennsylvania, presented their petition to the House of Representatives, and moved "its reference to a select committee." Mr. Blount, of North Carolina, hoped the petition would not be re- cdved. He beUeved they were slaves under the laws of North Carolina, although they had been manumitted by their masters and pronounced free by the courts of that State,- and admitted to be so by the Legislature which had provided for theur refenslavement. Mr. Thatcher, of Massachusetts, did not regard them as slaves. He thought the petitions should be sent to the committee on the fugitive slave law, which should be so modified as to protect such people. Mr. Blount replied somewhat arrogantly, asserting that they were slaves, and ought not to be allowed the right of petition until they should prove their freedom. Mr. Sitgreaves, of Pennsylvania, would reverse the rule laid down by Mr. Blount, and allow them the right of petition, until they were proven to be slaves. Mr. Smith, of South. Carolina, would have the petition sealed up and sent back to the petitioners. Mr. Christie, of Maryland, said it was useless to send this memorial to a committee, as the petitioners could not prove whether they were slaves or not ; and he hoped the gentleman from Pennsylvania, Mr. Swanwick, would never present another such petition. Mr. Varnum, of Massachusetts, hoped the petition would be referred. He stated that the petitioners complaLaed of the fugitive act, and their complaints ought to be listened to and their grievances redressed. From these extracts the reader will judge of the character of the de bate. No more grave question was ever presented to any legislative body. It involved the fundamental principles which lie at the basis of all human governments. The first question presented was : " Did tha members of the Legislature of North Carolma possess the legitimate, the moral, or the just power to enslave these innocent persons ? By placing their mandate upon the statute book in the form of a law, declaring the manner in which these men and women should be captured and enslaved FEEE PEKSONS ENSLAVED. 25 did they impose any moral obligation npon them to submit and become slaves ? Did they confer any moral or legitimate authority upon gamb lers, horse thieves and outlaws, to enslave those victims ? Had these people in defending thefr liberties slain the bloodhounds, horse thieves and gamblers, would they have committed any moral -wrong in so doing ?" The fugitive act was also used to reSnslave those persons who had been set free; and Congress and the free States were thus involved in the support of this barbarism of North Carolina; but these considerations failed to secure even a reception for the petition. The House, by an ex hibition of" subservience to the slave power unworthy of the representa tives of a free people, refused to receive the petition, only thirty-three members voting in favor of its reception, while fifty voted against it. Prom the commencement of the Government, it had been a subject of constant complaint, that free negroes and mulattoes were kidnapped in the free States, carried South and enslaved. The subject was one on which Congress was frequently memorialized, and during the session of 1191 a Committee of the House was appointed to consider these memo rials. Mr. Swanwick, of Pennsylvania, from that committee, made a short report, stating the opinion of the committee that the subject had bel>- ter be left to the action of the several States ; although it appears that his own State, at that very time, could not protect the free men and women who had fled to it from North Carolina, because of the fugitive law which Congress maintained and kept in force.* Congress had assumed the support of slavery in 1193, and, iu ,j,„g the short space of five years, appears to have come almost entirely under the control of the slave interest. During this period no measure tending directly in favor of freedom had received the sanction of Con gress, except that of excluding foreign slavedealers from fitting out their vessels in American ports. Yet southem men entirely discarded the idea of rendering slavery permanent. On the contrary, they spoke of the in stitution deprecatingly, declared their abhorrence of it, and assured their northern friends that they hoped at some day to see it abolished. These declarations led northern members to sympathize with them, to regard slavery as a burden which they were -willing to assist in biearing: yet in dividual members were occasionally led to the expression of principles that were offensive to slaveholders. Thus, when the bill to organize a ter- • Sixty years subsequently the slave States complied of such enactments by the free States, and finally assigned the parage of laws for the protection of free colored persons aa one of tbe causes of the rebellion of 1861. 26 P-R.TMAT, TEUTHS AS8EETED. ritorial government in Mississippi was under consideration, Mr. Thatcher, of Massachusetts, offered an amendment excluding slavery from the terri tory, although Georgia had claimed it as a part of that State and had by her laws established slavery therein, and now consented to its beu^ transferred to the United States upon condition that slavery should not be abolished. The mover declared that his motion was made in order to sustain the "rights of ma/n," Mr. Harper, of South Caroliaa, did not believe the motion was a pro per mode of sustaining " the rights of man." If sustained, he said it would banish every slaveholder from the territory, and exclude those who were absent. Mr. Varnum, of Massachusetts, insisted that where a part of our spe cies where held in bondage, there could be no proper respect for the rights of humanity. He hoped that Congress would so far respect those rights as not to legislate slavery any further than it then existed. He "looked upon the holding of blades in slavery in this country to be equally criminal with that of the Algerines in carrying our citizens into slavery.'' To these distinct charges of barbarous despotism no' southem man took exception, otherwise than to complain that it was calculated to stir up ill feeling in the South and to diminish the value of slave property. The debate on this proposition was somewhat protracted and was char acterized by frequent allusions to the " inahenable rights of men," although the speakers appeared to regard the American Repubhc as actually sus taining slavery, and only twelve votes were cast in favor of Mr. Thatch er's proposed amendment. But while Congress and the great body of the people appeared to have lost sight of the essential objects for which the Government had been es- tabUshed; and instead of exerting its uifluence and constitutional powers to secure liberty, was actually prostituting those powers to estabhsh slav ery, the Quakers remained faithful to thefr religion and to mankind. They deeply sympathized with thefr brethren in North Carohna, who were suffering persecution for having given freedom to their slaves ; and at their yearly meetmg they adopted a memorial to Congress, solemnly in voking that body " to take into consideration the circumstances of one hundred and thirty-four persons, and many others, whose cases had not been made pubhc, recently emancipated ui North Carolina by members of their church and again enslaved under authority of retrospective laws of that State." " Husbands, wives and children (said they) are separated from each other, and, with acts of a sunilar nature practised m other States, has a tendency to bring down the judgments of a righteous God upon our land." The memorial also referred to the " solemn pledge of FUGITIVE LAW BAEBAEOUS. 27 the Continental Congress of 1114, not to engage in the slave trade or to purchase slaves that should thereafter be imported."* Mr. Gallatin, a member of high moral and political position, presented this memorial to the House of Representatives, and moved its second reading. Southern members opposed this motion, charging the Quakers -with impertinently troubling the House with this subject, which tended to stir up the slaves of the South to inflict calamities of far greater conse quence than the evils then existing. They referred to events then trans piring in St. Domingo, and insisted that the memorialists were endeavor ing to stir up similar scenes in the United States, and one member insults ingly proposed to lay the memorial under the table. They, however, admitted that the fugitive slave act was greatly complained of, and ex pressed a willingness that its abuses should be inquired into; but insisted that the law of North Carolina was valid, declared that the State had ,a right to ree'nslave the persons set free by the Quakers, and that Con gress was bound to sustain her in that legislation. In this debate southern statesmen first publicly threatened to dissolve the Union, if Congress persisted in discussing the subject of slavery. They declared that a prejudice then existed in the South, that the north ern and eastern States were opposed to " this kind of property, with which they had no right to interfere." On the other hand, the right of petition was maintained and the char acter of the Quakers was vindicated, and great abhorrence of the barbar ous character of North Carolina legislation expressed. The motion for a second reading of the memorial and its commitment to a select committee was carried by a vote of fifty-nine in the affirmative, which, being a majority of all the members, the negative was not counted ; and although perhaps the only legitimate remedy sought by the memorial was a repeal of the fugitive slave law, yet the committee, in their report, did uot even refer to that act, but stated that the evils complained of were only to be remedied by the several States. The traffic in African slaves still continued, and although Con- ^^gg gress could not prohibit it until a.d. 1808, yet they had the power to prohibit the fitting out of slave ships by other nations in our own ports, and to prohibit Americans from exporting slaves from the United States to other governments. The law of 1195 on this subject had proven ineffectual, and slaves were stiU purchased in American ports • This reference to " acts of a similar nature" is not very clearly expressed ; but is presumed to refer to the kidnapping of free colored men ip Delaware, Maryland and Pennsylvania, and carry ing them South and selling them as slaves, a subject on which the Quakers often petitioned Con- 28 COASTWISE SLAVE TEADE. and carried to New Orleans, to Cuba and other West India islands. But the manner in which Congress had treated petitions ou this subject created distrust among the people, and it appeared necessary for that body to take some action testifying its fidelity to the cause of hberty. A - bUl was therefore introduced to the consideration of the House of Repre sentatives prohibiting all citizens of the United States from engaging in the slave trade except in the manner pointed out by the laws of some State of the Union. Mr. Brown, of Rhode Island, opposed the bUl. He could not see why Americans should be prohibited from engaging in this commerce, which he declared was very profitable, making a market for an immense quan tity of New England rum, thereby aiding and encouraging the distille ries of that section of the Union. Mr. Nicholas, of Virginia, said he, with many other southern members, was constrained to hold slaves, not from choice, but from necessity, but hoped that at no distant day his State would be free from that curse. He was anxious to see whether there was another member wiUing to unite with Mr. Brown in opposition to the bill. The bill, however, did not prevent men from following the slave trade " under the laws of any State," and therefore the members from southem States voted for the bill with the exceptions of Messrs. Huger and Rut- ledge, of South Carolina; Mr. Brown, of Rhode Island, and Mr. Dickson, of North Carolina. jgj. , The coastwise slave trade was carried on at the period to which we are referring in a most barbarous manner from Maryland, Delaware and Virginia to South Carolina and Georgia. The victims of this traffic were kept in utter ignorance of their sale until the slave mer chant had purchased the desired number and prepared to transport them to market. They were then taken to the place of rendezvous and im prisoned in cellars and jaUs at or near some port until they were_ hurried on board the vessel designed to carry them South. At the moment of goiag on board they were usually joined by free colored persons who had been arrested under professed authority of the fugitive slave law, and others who had been kidnapped without such pretense, and all were crowded together in the hold of some small vessel and carried to the bar- racoons of South Carolina or Georgia. These offences were perpetrated -with perfect impunity, and probably at no period of American history has the slave power ruled our nation with more despotic sway than at the close of the eighteenth century. The Quakers had been treated with such disrespect and their memorials so long disregarded, that for the tune they ceased to petition Congress on EXULTATION OF SLAVEHOLDEES. 29 the subject of crimes which had become so familiar as to lose the horrors with which good men had viewed them ; but the free people of color in Philadelphia and vicinity sent to Congress a memorial stating the facts referred to, and prayed protection and relief from that body. The memorial was respectfully presented and its reference to a' com mittee moved. Southern members hoped it would be laid on the table and never again called np. They spoke of the " colored gentlemen" who had signed the petition in the most bitter irony, wishing northern mem bers joy in their new association with negroes ; said they too had colored men, but they were slaves, and they 'thanked. God that they were slaves, and not at liberty to cut thdr masters' throats. They referred with great apparent contempt to the " new fangled French philosophy" that proposed universal freedom, and declared it injurious to discuss the subjects embraced in the petition.* This is believed to be the first instance iu which even southern mem^ bers of Congress publicly expressed gratification that slavery existed among them. They had, however, constantly exhibited an increasing self-importance and assurance from the time that Congress consented to act in favor of " the institution.'' On the present occasion northern members replied that the fugitive slave law was introduced by southern members, who solidted thdr northern brethren to vote for it. That it now contributed to aid those piratical kidnappers who captured freemen and enslaved them. Its repeal was therefore a subject of legitimate debate. The matter was finally referred to a select committee, who made no re port, and the proposition was no more agitated at that session. The historian would be unfaithful to the cause of freedom were ..^^^ he silent as to the great service rendered' to advancing civilization by Mr. Jefferson on coming into the office of President. Even while the convention that framed the Constitution was in session it was fieen that two opinions were entertained by the founders of our Government. One class of statesmen were in favor of retainmg so much of the monarchal prmciple as in their opinion was necessary to constitute a strong government. The other were in favor of leaving as much power in the hands of the people as could be left with them and yet establish a government with sufficient authority to execute its laws. Mr. Hamil ton became the leader of the former party, which guided the legislative action of Congress during the administration of both Presidents, Wash ington and the elder Adams. The latter party was led by Mr. Jeffer- * Tha French Assembly of Deputies had declared liberty to the slaves Id their Weat India Cfliomefl. 30 POLITICAL PARTIES. son, who insisted upon a strict constraction of the Constitution, declaring that Congress possessed no authority to legislate on any subject unless expressly authorized to do so by -the Constitution". The Federalists, under Mr. Hamilton, insisted that Congress could l^is- late under implied authority of the Constitution whenever that body should deem such legislation necessary. ' In 1198, in a time of peace. Congress passed au act to punish persons who should conspfre to oppose any measure of Government or impede the operation of any law, or intimidate any officer iu executing any law, " or should publish amy false, malicious or defamatory words agai'nst the Government of the United States, or against either House of Congress, or against the President, or should excite agaiiist them or either of them the hatred of the people." Mr. Jefferson and the Republican party denied that Congress pos sessed any Constitutional authority whatever to pass such a law. That as in doing this Congress had overstepped its authority, the act must be void ; that it possessed no element of law, imposed no obligation, and conferred no authority on any person to execute it. The issue was of the highest importance. Indeed, it -was vital to aU free governments. Party spfrit ran high, and soon indictments were found in the district courts then sitting in various States against men who treated the enactment as void. The most distinguished attorneys were engaged and the constitutionality of the law was folly discussed. The district courts decided that it was constitutional. The cases were removed to the Supreme Court of the United States and again argued, and that high tribunal decided the law to be constitutional The Federalists now supposed thefr opinions confirmed and settled for ever. The Republicans denied that any such power was vested in the courts. They were only authorized to decide the cases before them, nothing more; to that decision the parties were bound to submit; not so -with the people. They framed the Constitution, swid they alone could give final construction to it. They could elect a President who would disregard the decision, who would nominate judges that would overrule it, and as Mr. Jefferson had denied the constitutionality of the law, and as it was believed that a great majority of the people denied it, it was proper that he should be the next president. There were other issues and other considerations involved iu the presidential election of 1800; but this is believed to be the only constitutional question then agitated. Mr. Jefferson was elected upon this issue, and, conscious of the cor rectness of his doctrine, he at once pardoned all persons who were indict ed or convicted under the sedition law. This was probably one of the DISTEIOT OF COLITMBIA OEGANIZED. 31 proudest triumphs of principle achieved by the people of our Union since the adoption of the Constitution ; but we are led to pause and inqufre why Mr. Jefferson and the Republicans of that day did not apply the doctrine thus established to the fugitive slave act, so palpably a violation of the Constitution as well as of the " natural law ?" The only answer to the inqufry is, that the slaveholding infiuence then ruled the nation. At the commencement of the present century Congress accepted „^^ grants from Maryland and Virginia of the territory which sub sequently constituted the District of Columbia, and passed an act for its organization. By this act, the laws of Virginia were declared to re main in force in the territory ceded by that State, and the laws of Mary land were declared to be, and remain, iu force in the territory ceded by that State, thus making the slave laws of those States acts of Congress. These laws had been enacted iu a darker and more barbarous age, and were wholly unsuited to the then state of civilization in the free States. Yet the subject of the slave code does not appear to have been discussed or examined at the time it was adopted by Congress. Indeed its bearing upon slavery does not appear to have been referred to at the time.* The struggles for liberty by the colored people of the French ^g^ West India islands attracted much attention both in Europe and America. The emancipated slaves from Hayti often sought an asylum in the United States. Thefr presence among the slaves of our southern States were said to exert an " unhappy influence in favor of liberty." The people of Wilmiagton, North Carohna, memorialized Congress on the subject, praying that body to pass a law inflicting severe penalties upon persons landing in any State whose laws prohibited their presence. This demand for protecting slavery from the moral influences of freedom was regarded as somewhat extraordinary; but a bill was introduced de claring the ship, tackle and furniture employed in importing such eman cipated slaves to be forfeited, and requiring officers of the United States to enforce the law. The bill was strongly opposed, and from the meagre report of the debate there appears to have been much northern as well as southern feeling eUcited. The advocates of the measure have left no record of their arguments in favor of the policy, but the bill passed -with out any record of the ayes and noes. The people of the slave States now demanded a more efficient fugitive * By a statute of Maryland, then in force, if a slave were convicted of setting fire to his master^ bmldings, the court were authorized to order him hanged, his head severed from his body, bis body divided into four quarters and disposed of as the court should direct ; and this statute remained in force in the city of Washington until the abolition of slavery in that city in 1863. 32 SLAVEHOLDERS DEMAND PEOTECnON. law. They complained that slaves left their masters and fled into the free States, where, by thefr labor, they were able to obtain food and clothing. They therefore would remain in such free States rather than return to their masters. Mr. Nicholson, of Maryland, mtroduced a bill in the House of Repre sentatives, prohibiting persons under severe penalties from employing any black or mulatto laborer who could not show his title to hberty by a cer tificate from some court of record, some judge, or some justice of the peace. The bill also made it the duty of the person so employing any black or mulatto to publish a description of the person so employed in two newspapers of general circulation. But these despotic provisions provoked debate. Northern members declared themselves unwilling to impose upon every black or mulatto in the free States, the expense of obtaining and carrying about with him the evidence of his right to freedom. And they revolted at the proposi tion that northern farmers and mechanics should be at the trouble and ex pense of pubhshing in two newspapers a description of the laborers who served them. But the debate was conducted in good temper, and the bill was de feated by a majority of three votes. 1808 1 Upon the admission of Ohio into the Union, a territorial gov ernment had been formed in Indiana, and William Henry HarrL son, a Vfrginian by birth and education, was appointed Governor. Most of the inhabitants at that time hviug in the territory had emigrated from Kentucky, Virginia, and other slave States. The country was new and requfred great labor to reduce the lands to cultivation. The people feel ing a strong attachment to slavery, very naturally desfred the benefit of slave labor to aid them in clearing thefr lands. To obtain that privilege, a large convention was called at Vincennes; Govemor Harrison presided. The meeting adopted a series of resolu tions, asking Congress to suspend for ten years the operations of the sixth article of the ordinance of 1181, which prohibited slavery in the territory northwest of the Ohio River. The Governor inclosed the proceedings of the meetmg in a letter to Congress, urging compliance with the memorial. The letter and proceed ings of the meeting were respectfully referred to a select committee, who reported that such a suspension of the ordmance would be inexpedient; and this effort to reestablish slavery in that territory was defeated. It was during the year of which we are now writmg, that Sotith Caro lina first shocked the conscience of the American people by her action in favor of the slave trade. For nearly a century, the Quakers of England SOUTH OAEOLINA AND THE SLAVE TEADE. 33 and many of that sect in the United States, had regarded the traffic in human beings as barbarous; and long before the Revolution the people of the Colonies had combined to discourage and abolish it, and nearly every State passed laws to prohibit it. Nor did South Carolina hesitate to purify her people and government from that crime. By sta tute she prohibited the unportation of slaves under severe penal ties. Yet, at the adoption of the Constitution, she was tenacious of retaming the trade until the year 1808, if her people choose to pur sue it. And now her legislature repealed the law prohibiting the im portation of slaves, and her slavedealers resumed, Ihe barbarous com merce, which 1 had been so long regarded as disgraceful to Christian nations. The attention of Congress was called to it. Members spoke of it in great sorrow; said that it would bring disgrace upon the nation ; refer red to the scenes at that time transpfring in St. Domingo, and in plain and definite language assured the people of South Carolina that they were preparing for a renewal of those scenes among the people of that State. They declared slavery to be a war upon human nature and in perpetual hostility to Christian civilization. Maryland, a slave State through her legislature, called on Congress to propose to the States such amendments of the Federal Constitution as would forever abolish the traffic in, human flesh. But no efficient action was taken upon the sub ject. The purchase of the vast territory called Louisiana, and the es- „„„ tablishment of a territorial govemment therein, now occupied much of the time of Congress. Southern statesmen had looked to this trans action as a means for extending the slave interest and increasing the slave power even before the adoption of the Federal Constitution. In deed, it was debated in the Virginia convention called to express the con sent of that State to the adoption of the Federal compact. The purchase was made under Mr. Jefferson's administration as a mat ter of necessity in order to secure the great commercial advantages of the Mississippi, the President admitting at the time that there was no constitutional authority in the Federal Government to acqufre territory, but he declared that it were better to make the purchase when the op portunity to do so offered, and trust to Congress and the people the duty of so amending the Constitution as to render the purchase legal. Thus the first extension of slavery by the United States was adudtted by the Executive to be unconstitutional. The treaty of purchase stipulated that the inhabitants should be " admitted to the Union with all the rights, advantages, and immuni- 3 34 AFEIOAN AND AMEEIOAN SLAVE TEADE. ties of citizens of the United States ;" and this provision was constmed to guarantee the right of holding slaves. But the people of the free States do not appear to have been conscious of the evils resulting from this extension of the slave power until a few months subsequently to the ratification of the treaty, when a ship with a. full cargo of African slaves landed at New Qrleans, and sold her human chattels with perfect impu nity, to the amazement and horror of all who held the doctriaes of uni versal liberty. The people of the free States now awoke to the fact tliit the money of the nation had bfeen paid for the purchase of a slave market where the hucksters in human flesh could pursue their vocation. A large meeting assembled in Philadelphia to express the feeling ex cited by this outrage upon cur- character as a nation. It was attended by the most respectable men . of Pennsylvania, and was styled " The American Convention for the abolition of Slavery and Improvement of the African Race." A memorial was adopted requesting Congress to pass a law. prohibiting the importation of slaves into Louisiana. Congress received the petition with respect and passed the desired law. WhUe South Carolma was engaged in importing Africans to that State for the purpose of retaining them in perpetual and de grading bondage, the Africans of Tripoli were engaged in seizing and enslaving Americans, and holding them in servitude less barbarous. The States of Barbary had long practised the capture and enslavement of Americans, whom they usually released for a definite ransom of about fifteen hundred dollars. But the Africans enslaved by South Carolina were never held subject to ransom. They were slaves for life, and thefr descendants after them. The American held by the Mohammedans of Tripoli was always made free whenever he embraced the religion of the country; while the African, on embracing the Chi'istian religion, was regarded as a more valuable slave than before. And whenever the fe male slave of a Mohammedan bore issue to her master, both mother and child wore made free ; while in our slave States the master often sold his own offspring and the mother of his children to interminable servitude in another State. Yet, although our people were held in a bondage far less degrading than that to which the Africans were doomed iu our slave States, the Government did not hesitate to make war on Tripoli A naval force was sent there, and our American citizens were redeemed -from African bondage at the cannon's mouth. The civilized nations of the world fully justified the proceeding, and the semi-barbarians of Tri poli were usually denounced as " pirates" in consequence of thefr enslav ing the Christians of other countries ; while South Carolina, professing ABOLITION OF SLA'VEET IN DISTEICT OF COLUMBIA. 35 to be a Christian State, was engaged in seizing the heathens of Africa and holding them in perpetual servitude. The condition of the District of Columbia attracted -much at- ^g^j^ tention in Congress. Propositions to retrocede that portion which lay in the State of Virginia were brought forward and debated at great length. The real difficulty, however, was apparently kept out of sight so far as it could be conveniently, until, on the 18th of January, when Mr. Sloan, of New Jersey, presented a resolution decuring that from and after the 4th July, a.d. 1805, all black and mulatto people born in the District of Columbia of slave mothers should be free. This move ment became memorable as the first direct attempt to give hberty to the slaves of our National Metropolis. The resolution occasioned no debate, but was sustained by the votes of Messrs. Alexander, Williams and Wynn, of North Carolina ; Archer, of Maryland, and Wilson, of Ken tucky, all of whom were from slave States ; while Messrs. Hunt andTen- ny, of New Hampshfre ; Cutter, of Massachusetts ; Davenport, Griswould and Goddard, of Connecticut ;- Lyon and Ohn, of Vermont ; Riker, Thomas, Van Courtland, Van Renselaer, and Verplauk, of New York ; Boyd and Elmer, of New Jersey, and Hoge, of Pennsylvania, voted against the resolution, which was lost by seventy-seven against and thfrty- one in favor of its adoption. The people of the Island of St. Domingo had been set free by „g(,g a decree of the French Chamber of Deputies, and they rejoiced when the chains of bondag;e were stricken from their limbs. But when the French government attempted to ree'nslave them, they gallantly de fended their liberties, setting at defiance the armies of France, and giving to the world conclusive proof that they loved liberty and possessed the gallantry to defend it. The slave power now sympathized with France, while the lovers of liberty could not restrain thefr ardent prayers for the success of the people of Hayti. An attempt to introduce a bUl suspend ing commercial intercourse with that island had brought the attention of the House of Representatives to the subject duriag the previous year ; but that body refused leave for its mtroduction. The bill was again presented during the year 1806, and called forth more angry debate than any other subject at that session. Some northern Representatives could not consent toj)rohibit the people of Boston from the rich commerce with that island in order to keep the slaves of the South in ignorance of the gallant efforts of their bretliren in St. Domingo on behalf of Uberty ; but the bill passed by a vote of ninety-two to twenty-six.* * This law remained in force until 1863. 36 SLAVE TEADE PEOHIBITED. In the Senate there was little opposition to the bill except from Hon. John Quincy Adams. He opposed its passage, and gave evidence of that love of justice and Hberty which characterized his subsequent life. The advocates of slavery in Indiana again petitioned Congress to sus pend the operation of the sixth article of the ordinance of 1181, which prohibited slavery iu our northwestem territory. The petition was signed by the Governor and Legislative Council. But tte Quakers of that terri tory foresaw that a suspension of the prohibition of slavery, if granted, would naturally become perpetual, and the institution once established, would not be easily eradicated. They sent to Congress thefr remon- atrances, numerously signed, protesting in the name of humanity-against any suspension of the rights of human nature in that territory. -The petitions and remonstrances were referred to a select committee of the Senate and promptly reported upon. The committee unanimously rejected the proposition to introduce slavery into the territory. In the House of Representatives the committee reported a bUl suspending the prohibition of slavery for ten years ; but it was never called up for action.j„, . It was well understood throughout the nation that the framers . of the* Constitution expected and intended the prohibition of the African slave trade at the earliest moment allowed by that instrument. The Christian world expected it, and a bill for that purpose was intro duced iu the Senate by Mr. Bradley, of Vermont. It met -with very little opposition, was passed and sent to the House for concurrence. In that body difficulties and delays attended it. Members looked upon it as an expression of the American people that the traffic was barbarous, while South Carolina and Georgia were supporting and maintaining it. But the bill passed, to take effect on the first day of January, a.d. 1808, this being the earliest tune at which the inhibition could constitutionally take effect. By the ninth and tenth sections of this act, ample provisions were made for protecting the coastwise slave trade, which proved not less barbarous in its character than the foreign ti€ffic. Perhaps the arrogance and barbarism of South Carolina was never more strikingly illustrated than in the efforts of her people and statesmen to obtain a modification of this act, so far as to permit her slave ships which should fail to return before the 1st of January, 1808, to bring thefr cargoes of humanity to that State with impunity after the act should take effect. Numerous memorials for that object were presented to the House of PETITION DIBCAEDED. 37 Representatives by Mr. Marion, who moved thefr reference to a select committee. Mr. Masters, of New York, declared, " If there be a subject ou which petitions' ought not to be received, it must be that of the slave trade." And a majority of the House agreed with him, and the petitions were rejected. PEIMAL EIGHTS DISEEGAEDED. CHAPTER III. THE DEVOTION OP CONGRESS TO. THE INTERESTS OP SLAVERY CONTEKUED— A SLAVEHOLDING GOVERNMENT ESTABLISHED IN ARKANSAS AN ATTEMPT TO ESTABLISH SLAVERY IN MISSOURI DEFEATED. 1808 1 Fourteen years had now elapsed siace the Federal Govemment assumed the power of legislating in favor of slavery. Duriag that time Congress provided for the arrest and return of fugitive slaves, established slavery and the. slave trade in the District of Columbia, pro^ vided for the coastwise slave trade, and had added the vast slave territory of Louisiana to the Union. In the enactment of these statutes, we do not find that any mem ber quoted the doctrines laid do-wn by all pubMcists, "that enact ments against the natural rights of mankind are void; that they possess no element of law." But so far as we learn from the debates, members felt themselves authorized to legislate for the destruction, of human life and human liberty, as well as to secure the enjoyment of those prerogatives. In no instance do we find that members quoted the Declaration of Independence, which so beautifully declares that govern ments are instituted among men to secure life, hberty, and happiness : nor do they appear to have even consulted that clause in the Constitu tion which declares that "no person shall be deprived of life, liberty, or property without due process of law." These doctrines, though plain and obvious at the present day, and not less so to the signers of the Decla ration of Independence and to the framers of the Constitution, were most obviously in advance of the general intelhgence of that day. They had been adopted by no other government, and do not appear to have been generally understood by the American people. jg^j , The public attention was now occupied with our increasing diffi culties with England, which were gradually approximating a war with that formidable power ; and, in the excitement attendant upon this conviction, Congress appeared to have lost sight of the subject of slavery for a time. jg^ij^ Many slaves were leaving Georgia. Some fled to the " Okefe- noke Swamps." Others found their' way to the settlement of colored people on the "Appalachicola" River, and' others settled in various parts of Florida. The planters were greatly annoyed by this . GEOEGIA -WAE FOE 8LAVEET. 39 exodus of their bondmen. The authorities of that State raised an army, and placing its Adjutant-General at the head, sent it to Florida m search of slaves. The negroes and Indians combined in defence of their country ; and gathered whatever forces they could upon so sudden an emer- .^-jj gency, hung upon the flanks and rear of the retreating foe, cutting off his men in detail. The army suffered' for want of provisions, by sick ness and by constant attacks, during the whole of its retreat, and many a Georgian who left that State with high expectations of capturing fugi tive slaves, never returned to his native land. Georgia next became clamorous in favor of obtaining Florida, which had long been an asylum for fugitive, slaves. She importuned Con gress to take possession of it by military force, although our nation was then at peace with Spain. Congress, acted upon the subject in secret session, but dfrected the Executive to send a force to take pos session of the territory. General Mathews, of Georgia, was placed in command. He took possession of Amelia Island, lying upon its eastern coast, which soon became a rendezvous for African slavedealers, for South American privateers, and for pirates; The Spanish Government complained of this outrage upon her .jgj„ territory, and the American Executive, on behalf of his Govern ment, disdaimed the act, representing it as unauthorized ; but Mathews continued to hold possession of the island, which came to be regarded as a general depot for the importation of African slaves, who were from thence taken to various slave States and sold. The attention of the people of Georgia appears to have been directed more to the conquest of Florida, during the war with Great Britain, than to the defence of the nation or to the conquest of Canada, which then occupied the thoughts of the people of the free States. While the men of Ohio were serving in the northwestern army, protecting the people from the savages who hung upon our border, those of Georgia were engaged in " estabhshmg a depot for African slaves on Ameha Island." Our treaty of peace with Great Britain contained a stipulation ' similar to that of 1183 ; by which His Britannic Majesty agreed to withdraw his armies and fleets from the territories and waters' of the United States, without destroying or carrying away any ordnance stores, or slaves, or other private property. The tenth article was expressed ui the following language r — " Whereas the traffic in slaves is frreconcilable with the principles of humanity and justice : and whereas both His Majesty and the United States are desirous of continuing their efforts to , promote its entfre abolition, it is hereby agreed that both the contract- 40 TEEATT OF GHENT. ing parties shall use thefr best endeavors to accomplish so desirable an object." The treaty was negociated and signed on the part of the United States by John Quincy Adams, Henry Clay, Jonathan Russel, James A. Bayard, and Albert Gallatin ; and, on the part of Great Britain by Lord Gambler, Henry Goulborn, and WiUiam Adams. It unquestionably spoke the language theu held by the great mass of people in both England and the United States. 18151 While the people of Georgia were maintaining a depot for African slaves at Amelia Island, the Algerines were again cap turing and esslaving American citizens ; and the United States now entered upon a second war, to defend our people from slaveholding -violence by the States of Barbary. There was a strong disposition manifested in Congress against an open war on accountof slavery, as it appeared to call in question the rectitude of those States who held slaves. Indeed, for a time, the Government redeemed our citizens from Algeriue slavery at the rate of three thousand dollars for each slave. But the representatives of New England resisted this dishonorable submission ; and, when our nation concluded a peace with England, it declared war with Algiers, and sent a naval force for the liberation of people who had been enslaved on African soU. The Dey of Algiers, seeing this manifestation of earnestness on our part, con cluded a treaty of peace, liberated all American slaves, and bound him self to demand no more tribute from American ships. .gjj. At the close of the war with England, it was found that indi viduals had lost property during the war, by acts of our own troops. Some had furnished teams for the transportation of troops, pro visions, etc. The teams were sometimes taken by the enemy, sometimes destroyed by our o-wn troops to prevent thefr falling into the enemy's hands. A bill was reported to Congress providing compensation in those cases ; and, while it was under debate, a member from South Carolma inoved an amendment providing compensation for slaves lost or destroyed in the public service. He argued that slaves were property, that some were killed and others had died of disease, and he thought the masters entitled to compensation as well as the owners of other property. Mr. M'Coy, of Vfrginia, opposed the amendment, saying that " our Government had never regarded slaves as property." The amendment was lost, only thirty-two members rising in favor of it.* This constituted the first effort after the adoption of the Constitution • Vide the " National Intelligencer " of that date. Also, the Report of the Committee on Cl^mtl in case of Francis Larch. H. R., 1885. - EANDOLPH DENOUNCES THE SLAVE TEADE. 41 to establish the heathepish dogma that men -with intellects, clustering vrith immortal hopes, can be reduced to the level of brutes, and thereby transformed into property. The barbarous idea had been entertained amid the moral darkness of former ages, and had descended with the institution, but now found utterance in an American Congress for the first time. An interesting incident occurred in the House of Representatives on the 1st March. John Randolph, of Roanoke, in the State of Virginia, a man of unusual abihty but of some eccentricity of character, arose, and, stating that it was his intention to move instractions to the com-- mittee on the District of Columbia, said, " I iavoke the House to put a stop to proceedings at this moment carried on under oUr noses ; a prac- -tice not surpassed for abomination in any part of the world — not even upon the rivers on the African coast is there so great and so nefarious a slave-market as in this metropolis, the very seat of government of this nation, which prides itself on freedom. It is not necessary (said he) that this city should be made a depot for slaves who are bought from erael masters or kidnapped; and of those kidnapped there are two kinds, those stolen from their masters, and free persons stolen from ihemsdves. It is not necessary that we should have a depot for this nefarious traffic, in compafison with which the traffic from Africa to Charleston or Jamaica is a mercy — a virtue. Indeed, there can be no comparison be tween taking these savages from their native -wUds, and 'tearing the. civilized and informed negro, habituated to civilized Ufe, from his master, his friends, his wife, his children, his parents. I have (said he) this day heard a horrible fact from a respectable gentleman : a poor negro, by hard work, and by saving his allowance, laid by money enough to pur chase the freedom of his wife and child. The poor fellow died, and the next day the woman and child were sold. I was mortified at being told by a foreigner of high rank, ' You caU this a land of liberty, and every day " things are done in it at which the despotisms of Europe would be horror- struck and disgusted.' " No sketch which the writer could give would convey to the reader a more accurate idea of the slave trade at that time carried on, not only in Washington City, but in all the cities of the northern slave States. Indeed, it is from the speeches made in Congress, and the statements made in memorials sent to that body by Quakers and others, that we are enabled to state facts which current historians have failed to notice, and which the editors of newspapers of that day dared not speak. The slaveholders then sitting in the haU Ustened to the words of the eccentric Vfrginian in silence : no member denied that free negroes 42 FEEE NEGEOES ENSLA-VED. were kidnapped as he had declared ; nor did any one attempt to modify his statements- except Mr. Wright, of Maryland, who said there was worse sla/very in Europe. The motion was carried without opposition, the committee was appointed : Mr. Randolph was chairman, and reported the facts very much as stated ; but he was able to go no farther. In accordance -with the statement of Mr. Randolph, the Quakers of New Jersey, Pennsylvania and Maryland sent memorials to Congress, setting forth that free negroes in those States were seized frequently by men pretending to arrest them under the fugitive slave act, and when once in custody of the slave-catchers, were carried. South, and sold to interminable bondage : that others, admitted to be free, were stealthily seized, bound, carried away, and sold to slavery ; and the memorialists earnestly prayed Congress to pass such laws as would efficiently protect those unoffending and friendless people. But the difficulty lay in the popular mind. Men in public and in private Ufe, in the South and in the North, regarded these people aa designed for servitude by the Creator, and that they, in fact, " possessed no rights that white men were bound to respect."* The clergy frequently taught these doctrines from the pulpit, and few men had the moral courage to avow doctrines directly hostile to the interests of the South and the theology of the North. The Quakers had .ever dissented from the general theology, and were rather a despised peo ple in the estimation of slaveholders, and of those northern men who seemed to regard southern statesmen as authorized to give tone to the morals as weU as the politics of the northern States. Under these circumstances, Congress appears to have paid httle atten tion to the petitions of the Quakers and philanthropists in regard to the kidnappmg of free negroes. jgj.^ , At the opening of the second session of the fourteenth Congress, the President in his annual message called attention to certain de fects in the law prohibiting the foreign slave trade. The Quakers of the middle States- also petitioned Congress for such amendments of existing laws as would prevent the foreign slave trade and protect the free negroes then residing in those States. The memorials and the President's mes sage were respectfuUy referred to appropriate committees; but no reports were made thereon. jgjg^ The President in his first annual message to the fifteenth Con gress, again urged upon the consideratioi^ of that body those de- * This language was used by the Supreme Coui-t forty years subsequently, in case of Dred Scott. SLAVE TEADE OONTTNUED. 43 fects in the law prohibiting the slave trade which rendered it entirely inefficient; and he also referred to the fact that Amelia Island, on the coast of Florida, continued to be a depot where African Slaves were landed, and from that island were brought to the United States and sold to planters in violation of existing laws. Mr. BurreU, a senator from Rhode Island, moved to instruct the com mittee on commerce to report such amendments to the law prohibiting the foreign slave trade as would render it efficient, and to inquire into the propriety of uniting with other nations in proper efforts to abolish the " trajjic in slaves."* Mr. Troup, of Georgia, not only objected to entering into arrange ments with any foreign nation for suppressing the slave trade, but he was entirely opposed to any inqufry in relation to such union of effort, and was sustained by other parties from the South-; yet, on this occasion the North was not sUent. Mr. Morril, of New Hampshire, said that we caUed ourselves a Chris tian nation; but our character was deeply affected by the inefficiency of our laws against the slave trade. He regarded the objections against the motion as unimportant. Hon. Rufus King, of New York, a senator of great experience and in fluence, declared that in negotiating and approving the treaty of Ghent, the Executive and Senate had committed themselves to the abolition of the "traffic in slaves." This pledge had been given in concert with Great Britain, and he could see no objection to the United States acting in con cert with England for the destruction of this curse fr&m the earth. The motion of Mr. BurreU was sustained. The committee reported a biU amending the act prohibiting the slave trade, and it passed the Sen ate and was sent to the House for concurrence. In that body a biU had been reported, proriding for breaking np the slave trade on Amelia Island. These two bUls were united in one by the House; the Senate agreed to this amendment, and the bill became a law. The historian of the present age finds himself astonished on ^g^g looking over the petitions of Quakers and philanthropists sent to Congress at the period of which we are writing. They appear to de monstrate the perfect unconsciousness of public men, that mankind are morally responsible for oppressions and outrages committed upon the colored race. Indeed, southern statesmen showed no evidence that they * Fifty-flve years subsequently to this motion, the United States entered into treaty arrangements with Oreat Britain for suppressing the slave trade. 44 BOUTHEEN DOCTEINES AVOWED. beUeved in the moral responsibihty attached to the treatment of colored people. From the enactment of the fugitive slave act* to the period of which we are writing, that act was prostituted to the purposes of arresting and carrying free colored persons into bondage. These outrages upon our com mon humanity were complained of year after year by the Quakers in their annual petitions sent to Congress, wMle Uttle attention was paid to them by our public servants. " These memorials were presented to the fifteenth Congress at its first session in greater numbers than usual. In the Senate they vrere respect fully referred, and by the committees to whom they were confided were entoombed ki perpetual sUence: whUe in the House of Representatives a bUl to amend the fugitive act and render it more efficient, was presented and received the most respectful consideration; yet we can find no peti tions on file or referred to in the journal of that body askiugsuch amend ments. The bUl, however, was subjected to debate. WhUe it was under consideration, amendments were offered securing free negroes from arrest under it ; but these were rejected. Northern members appeared to be stimulated by the rejection of these amendments to declare that frfte per sons of color were and had long been arrested under color of this fugitive act, and when once in custody of the professional slave-catcher, were car ried South and sold to internunable bondage ; and some members went so far as to say that Congress ought not to legislate in favor of slavery, as the institution itself was a violation of natural justice, essentiaUy barbar ous in its character.^ To these remarks southern men repUed, asserting the very extraordi nary doctrine that, " it was immaterial whether slavery were right or wrong ; that Congress had no authority to inquire into its character, as the Constitution had recognized it and Congress was bound to support it, WHATEVER CRIMES MIGHT BE INCIDENT TO ITS CONTINUANCE." It is worthy of note that this constituted the first instance in which it was openly asserted that Congress was bound to sustain the institution of slavery, either in the States or anywhere else. Nor was it less extraordinary that members of Congress or other inteUigent men should assert the duty or the power of Congress or other legislative bodies to enact laws authorizing or professing to authorize * The writer has ever adhered to the theory cf liuropean and American publicists and pHloio- phers, which denies the character of lata to those human enactments which invade the natural rights of mankhid to U/e and liberty; they possess no element oJlaiD. t Twenty years subsequently the writer enunciated the same doctrine in the House of Represen tatives, for which he was declared to be a most radical reformer, putting forth doctrines that «« oUior mam had &ver ¦uttered. SOUTHEEN COMPLAINTS. 45 crimes condemned by the laws of the Creator, and hated by mankind. This infideUty, so revolting to Christian civilization, was not met and ex posed by northern men. It was Ustened to with apparent astonishment and was actuaUy sustained by northern votes.* The biU, after a warm debate, passed the House by a large majority ; the foUowing members from the free States voting for it, to wit : Messrs. Mason, Ruggles and WUson, of Massachusetts ; Conger, Drake, EUiot, Hubbard, Palmer, Spencer, Storrs and Taylor, of New York ; Smith, Sguthard and Bloomfield, of New Jersey ; Edwards, Marchand, Moore, Patterson and Porter, of Pennsylvania, and Harrison, of Ohio. New Hampshire, Rhode Island, Connecticut, Vermont and Indiana fur nished no vote in favor of the bUl, which was sent to the Senate for con currence. ' In that body the debate was more protracted, and conducted with more spfrit. Mr. MorrU, of New Hampshire, declared the institu tion of slavery to be "barbarous." This brought out Mr. Smith, of South Carolina, who attempted its elaborate vindication ; declaring it based upon the Divine wiU. Members of the House from slave States appeared to have admitted the institution to be wrong, and even crim inal, but Senator Smith declared it to be just and humane. He also denounced Mr. Pitt, who had urged in the British Parliament that governments were bound to act justly tojrard their indiridual sub jects. He next assailed Messrs. Adams, Clay, Bayard, Gallatin, and Russel, who negotiated the Treaty of Ghent, for declaring the " traffic- in slaves to be contrary to the principles of humanity and justice." He then tumed his attention to the people' of the free States, charged them with intentions to abolish the institution in the southern States ; said that was the object of those who wished to lihite with Great Britain in efforts to abohsh the African slave trade. He complained of EngUsh and American writers -who spoke against the slave trade and slavery, and of those who termed slaveholders "kidnappers," " ¦men-stealcrs," and " soul-drivers." He stated the object of certain pamphlets and pubUca- tions was to deprive the master of his property. He then declared that the Constitution had given the master the right to seize his slave and carry him back to the State from whence he had escaped. After this debate the bUl was amended, made more stringent, giving the slave-catcher more power to seize and enslave free persons than when it came to the Senate ; being thus amiended, it was retumed to the House ia order that the amendments might be concurred in. * The northem mind was eventually so far corrupted by the doctrines of slavery, that states men appeared to forget that human gonem/m&ivta were limited to the support of, and poeseseed no legitimate powers to destroy human rights. 46 FIRST SEMINOLE "WAE. On its final passage in the Senate, Messrs. Otis, of Massachusetts, Sandford, of New York, and Taylor, of Indiana, voted for it. But the House was not prepared to sustain the doctrine nor the amendments of the Senate. The members refused to concur, and the bill was lost. jgjg. This year was rendered somewhat historic in "the regime of ¦ slavery," by the first Seminole war. The people of the free States generally beUeved it had arisen from depredations committed by the Seminole Indians. But it is beUeved that no historian or member of Congress gave the people accurate knowledge respecting the causes of a war which excited much debate and controversy touching some of its incidents. As the reader has already been informed, early as 1105, slaves left thefr masters in South Carolina, and fled through the Indian Territory to Florida, and settled on the Appalachicola River long before Georgia was a colony. Thefr numbers were undoubtedly increased by fugitive^ from Georgia and Louisiana ; and, as afready stated, Georgia made an attempt for thefr capture in 1811 and 1812.* During the then recent war with Great Britain, Lieutenant-Colonel Nichols, of the British army, was sent to that part of Florida to act as British agent for the Seminole Indians. He had a small force with him, and erected a fort upon the banks of the river, on which he mounted eight cannon, and placed large mUitary stores in its magazine. He also coUected provisions from the surrounding settlements of colored people.f At the close of the war. Colonel Nichols, with his smaU force, aban doned the fort, with its stores and mihtary suppUes, and returned to England. The negroes took possession, considering it a safe refdge from the people of Georgia, should they send ainother expedition for thefr capture. General Gaines was in the immediate command of our army on the southern Une of Georgia^ and General Jackson, residing in Tennessee, was in command of the whole southern military district. In 1816, General Jackson ordered General Gaines to send a force to destroy the fort, capture the negroes and return them to slavery. Colonel Clynch, with his regiment of regulars and five hundred Indians, was detaUed for that duty. They were also met by two gunboats from MobUe Bay, sent to cooperate with the land forces. As our army * The author published a volums, in 185T, entitled " Tho Exiles of Florida," wl)ich gives tho entire history of these people up to that date. t Monett, in liis History of the Valley of the Mississippi, .says : " The negro settleroenta extended twenty-five miles above and an equal distance below the fort." MASSACEE AT BLOUNt's FOET. 47 approached, the people fled from thefr plantations to the interior. Some three hundred, however, took refuge in the fort, with twelve or fifteen Indians, . The gunboats opened upon the fort with Seated shot, which reached the magazine, and in the explosion, two hundred and seventy human beings instantaneously fell a sacrifice to that spirit of despotism whiel^ controUed the Government of the United States.* The scenes of mangled bodies, the groans of the dying, the horror-stricken sur vivors, should have satisfied those who had been employed in perpetrating the murder of these unoffending people ; and no proof short of official documents would have constrained the -writer to record the revolting fact, that two of the survivors were delivered over to the Indians to satisfy their thfrst for blood, and were massacred with salvage crudty within the walls of the fort, and in the presence of our troops. This was the commencement of the first Seminole war. The negroes determmed on that revenge which constitutes the reUgion of savages. They at once conamenced providing arms and ammunition and saving provisions, which were transferred to the interior. -'This precaution and preparation gave them influence with thefr Indian neighbors, whom they held in check until all were in a condition to engage in war. More than a year was spent in preparing for hostUities. In November, 1811, Lieutenant Scott, with forty men, while escorting two boats up FUnt River, was attacked by some sixty negroes and Indians, and, with his party, was massacred. This massacre aroused the nation. It was pronounced savage and barbarous, as it reaUy was ; yet it was perpetrated in revenge for the massacre of more than seven tunes that number of their people by our troops, without cause. General Jackson was at once ordered to the field. Our army was immediately marched into Florida, and dfrected their course towards the Suwanee towns. Here, was a large negro population. The towns were also difficult of access. One of these viUages was the residence of the chief of the negroes, and thefr whole force was collected for defence. The Indians also gathered all thefr warriors to act in concert with the negroes. A bloody battle was fought. The negroes maintained thefr ground manfully untU General Jackson brought his reserve iato action. Indeed, they did not even faU back untU the Indians fled, and our troops were rapidly gathering around their flanks. They then fell back, and were pursued by a portion of our troops ; but made another stand, and ag.xin fought more desperately than at first. But reinforcements coming * Monett says that six thousand barrels of powder and three thousand stands of armiwere destroyed by this explosion, and that another magazine, containing one hundred and sixty barrels of powder, was left uniAJured. 48 GALLANTET OF NEGEOES. up, they again gave way, learing eighty of thefr number dead on the field.* General Jackson, in his official report, gave credit to the enemy, admitting thefr courage and gaUantry. But no benefits resulted from this loss of Ufe. Our troops were in the interior, their provisions were nearly exhausted, and they fully expected to find supplies at these towns; but were disappointed. A smaU quantity of corn only feU into thefr hands. The provisions, the negro women and children, had been removed far into the interior, and the commanding general was compeUed to return to his depots for the purpose of sustaining his army. When General Jackson issued his order for the destraction of the " Negro fort," he directed the troops to capture the fugitive slaves and return them to thefr masters. Some fifteen or twenty, most of whom were wounded, fell into the hands of Colonel Clynch, and were carried back to Georgia and sold ; but these were the only colored men captured during the war, which had been undertaken solely for the return of fugi tive slaves, and for breaking up thefr haunts in Florida. It is not our purpose to write a history of this first war, undertaken . by our Government for the benefit of slavery. It occasioned much debate in Congress. Southern members became excited ; declared the war to have been commenced by the Indians, and asserting that Florida had become an asylum for fugitive slaves ; insisted that it must be broken up either by conquest or purchase of the territory. Hon. Charles Fenton Mercer, of Vfrginia, an experienced member of Congress, of great integrity of purpose, moved a resolution, caUing on the President for such information as he possessed, " touching the destruction of the Negro fort on the Appalachicola River." In response to this resolution, the Secretary of War transmitted a history of that transaction, embracing more than a hundred documentary pages, from which we have selected the facts now placed before the reader. The volume itself reposes in the alcoves of our national'Ubrary, containing an account of one of the most barbarous incidents m " the regime of slavery ;" and constituting an episode ia the great drama of moral and pohtical events which usually make up the history of nations. The Government had now been twice engaged in war with the Bar bary States to put down slavery, and to release our dtize-ns from bond age ; and once with the Seminoles for the capture of slaves and encour agement of the institution. Thus were the people of the free States • (General Jackson, in his official report, says notUng of this eeeond batUe. Indeed, it is evident that he regarded the whole as constituting one battle : while Williams, in his " History of Florida," and Monett, in his " Valley of the Mississippi," give fuU details of two apparently distinct battl^ DEMAND FOE DEPOETBD SLAVES. 49 made to shed their blood and spend thefr wealth, both for and against oppression, as the slave power dictated. Members of Congress, feeling that the real cause of this war had not been published, introduced resolutions making inqufry on that subject. They were sent to appropriate committees, who reported that the war had arisen from Indian barbarities committed on the frontiers of Georgia, but made no allusion to the massacre at " Blount's Fort." In these re ports, the fact that fugitive slaves were engaged in the war appears inci dentally ; but when the subject came under debate, no speaker appears to have been wiUing to declare that the blood and treasure of the nation had been expended for the capture and enslavement of negroes.* Certam persons from New Orleans and vicinity now sent their .^gj^^ memorials to Congress, setting forth that, when the British army retfred from that city, in 1815, they carried away a large number of slaves, and prayed indemnity from the pubUc treasury for thefr loss. The petitions being referred to the Committee on Claims, were transmitted to the Secretary of State, who returned them with a fuU report, setting forth that demands had been made on Great Britain for compensation under the treaty of Ghent ; that the British ministry had given a different construction to the treaty ; that the two Governments could not agree ; and that the United States had proposed a reference of the question to some friendly power. The Committee reported these facts to the House of Representatives, and although members of that body must have been fiiUy apprised of the efforts tljat were being put forth by the Executive to commit our Governmeut stiU further to the protection of slavery, yet no one suggested a doubt as to the propriety, or denied the oonstitution- aUty of that policy. '• It is, at this day, difficult to account for this silence on the part of northern representatives. The city of Buffalo had been burned by the enemy ; amid the inclemency of winter, its people were driven from thefr dweUings, which, with thefr furniture and property, were consumed, and they were left homeless and penniless, dependent upon the charity of the irarrounding country. The Executive made no effort for thefr reUef ; and, when they caUed on Congress, that body, in strict accordance with the usages of nations, refused aU indemnity, holding that their's were the misfortunes of war, which no nation could avert or compensate. Yet the representatives from New York, and even from the city which had thus been laid in ashes, now sUently lent thefr approbation to the poUcy * The anlhor was at that time a young man, and a reader of political news, but he bad no conception of the causes of tiie first Seminole war until he became a member of Congress twenty fettn flttbaeqoeKitly. 60 SLAVE INTEKEST CONTEOLS THE GOVEENMENT. of involving the national honor, and influence to obtain indemnity for the' loss of slaves from a southem city whose people and habitations had been carefully and gallantly defended by the freemen of other States. The treaty of Ghent contains nearly the same language as that of 1183, and Great Britain was under no more obligation to compensate for the slaves who fled from New Orleans than she was to pay for •those who fled to her army in 1183. But Washington, and Jay, and HamUton had departed to their rest, and the slave power now raled the nation. The Executive pressed these claims for slaves upon the conside ration of the British Government, obtained a reference of the subject to the Emperor of Russia, who, of course, decided iu favor of that despotism 6)r which the Russian Czar must have felt much sympathy. Much Con gressional legislation was had on the subject, conventions and compacts were negotiated, and, after many years of effort, some twelve hundred thousand doUars were obtained froin England, and most of it distributed among the claimants for the loss of fugitive bondmen. 1819 1 -^^ ^^^ period to which we are now referruig, the Government appears to have been controUed eutfrely by the supposed interests of slavery. Southern statesmen now boldly demanded the purchase of Florida. They were loud in thefr complaints against the Spanish Government, charging it with a want of energy and good faith iu per mitting Florida " to become the rendezvous for fugitive slaves,'' of " free booters," of " slavedealers and pfrates." The subject was referred to a committee, who reported that it was highly desirable to obtain possession ofthe territory, as it had become an "asylum for fugitive negroes," "a population whose existence was incompatible with southern prosperity." It is due to ,the slaveholders of our southern States that the historian should say they were bold and frank in the avowal of thefr objects for obtaining Florida ; and the reason that the people of the free States were ignorant of this object was the sUence of northern statesmen and the northern press in regard to it. Nor do we find that any objection was made to the proposed purchase by members of Congress from the free States. . The purchase was consummated, and Florida became a part of the terri tory of the United States. The entire devotion of our Government to the interests of slavery was further manifested in its treatment of the Spanish South American Provinces. They were at that time earnestly contending for freedom and independence as we had been in our Revolution. Adopting the doc trines which we enunciated, they gave freedom to thefr slaves, declaring that the natural rights of mankind, bestowed upon each member of the human family by the Creator, lay above and behmd the power of human SOUTH AMEEICAN GOVEENMENTS. 51 governments, which, in the nature of things, could hold no legitunate authority to interfere with the life or liberty of vmwcenJb persons. The sympathy of the people of the free States was aroused in favor of our South American brethren, who were thus fightmg the battles of the human race, while the feeUng of southern politicians waS equally strong in favor of the Spanish crown, who vras endeavoring to hold not only the slaves but the citizens of those provinces in subjection. It became erident that the Executive also sympathized with the Spanish authorities rather than -with the people of the prorinces ; for some mUitary adven turers from England, having left thefr native land, and bringing with . them military stores, for the purpose of aiding those provinces in obtain ing thefr liberty, landed at PhUadelphia -with the expectation of meeting a hearty sympathy from the people of the United States. They were doomed to sad disappomtment. They were arrested by order of our Government and cast into prison, under pretence that they were violating the neutraUty laws of the United States. Hon. Henry Clay, of Kentucky, was at this time Speaker of .jg^j the House of Representatives, and exerted great influence in Congress. He presente.d to that bod/ a resolution upon the subject of the arrest and imprisonment of these men, and, in support of his proposi tion, made one of the ablest speeches of his Ufe. His whole soul ap peared to be moved by a devotion to liberty — ^to the inaUenable rights of mankind. His resolution was adopted, and the patriotic EngUshmen were released. The President, in his annual message, called attention of Congress to the inefficiency of the then existing law against the African slave trade. This portion of the message was referred to an appropriate committee, who reported a biU for the more perfect inhibition of that traffic. Southem statesmen made no opposition to its passage, except by quietly voting against it, without even demanding - the yeas and nays upon its passage, evidently unwilling to make an issue upon a subject so odious. Perhaps uo incidental question has created so much interest or excited so much debate in Congress as that of extending slavery. The Louisiana purchase included the country drained by the waters of the Mississippi and its tributaries, except so much as had been preriously embraced within the United States. The State of Louisiana had been taken from the southern part of the region thus acqnfred, whUe the remainder was em braced in the territory of Missouri. It was now proposed to divide this territory upon the line of rjgjg 36 deg. 30 min. north latitude, and organize a territorial govern ment in that portion which lay between the State of Louisiana and 52 SLAVEfiT m AEKAN8AS. the Ime just mentioned, west of the Mississippi and east of 84 deg. 30 min. west longitude, under the name of the Arkansas territory ; and a biU for this purpose was presented in the House of Representatives. Mr. Taylor, of New York, proposed an amendment, declaring that all slaves bom withm said territory, after it should be admitted as a State, should become free at the age of twenty-five years. There was bnt little debate on this proposition, and it was sustained by a vote of seventy-five in the affirmative, to seventy in the negative. Messrs. Holmes and Shaw, of Massachusetts ; Conger and Storrs, of New York ; Bloomfield and Eanney, of New Jersey; Beecher and Harri son, of Ohio ; Edwards and M'Kean, of lUinois, voted with the advocates of slavery extension. These ten northern members voted with those of the slave States, while Messrs. WUliams, of North Carolina, and HaU, of Maryland, voted -with the advocates of Uberty. It wUl also be bome in mind that New Hampshfre, Vermont, Rhode Island, Connecticut, Pennsylvania, and Indiana, were true to freedom — no vote from those States was given for the extension of slavery. But this vote appeared to strike southern -members -with surprise. They had evidently believed that no such proposition could be sustained. Mr. WilUams, of North CaroUna, moved a reconsideration of the vote, and now changed his position and voted with the slaveholders, together with Messrs. Newton and Colston, of Virginia ; Ringold, of Maryland, and Walker, of Kentucky, who did not vote ou the amendment. Mr. Johnson, of Virginia, having voted against the amendment, voted agamst the reconsideration. Messrs. Hale and Upham, of New Hampshire ; Allen and SUsbee, of Massachusetts, and Mason, of Rhode Island, did not vote on the proposed amendment, but now voted against the reconsideration. In this manner »H the members who could with propriety attend the session are sup posed to have voted according to the dictates of thefr consciences and judgments, showing seventy-seven members in favor of extending slavery into Arkansas and seTenty-nine opposed to it. This result appears to have astonished southern members more than the previous vote, and Mr. Lownds, of South CaroUna, expressing his surprise, moved to lay the bUl on the table in order to call it up the next day at twelve o'clock, when he hoped that every member would be in his place. The House complied with his request. Accordingly, on the foUowing day the biU was taken up, and Mr. Robertson, of Kentucky, moved to recommit the biU to a select commit tee, with instructions to strike out the amendment which had been in- ME. CLAY GIVES CASTING VOTE. 53 serted declaring aU persons bom after the admission of Arkansas as a State should be free at the age of twenty-five years. On this question the same number of votes were cast as on the motion for reconsideration taken on the prerious day,*but there were now eighty-eight in the affirm ative and eighty-eight in the negative. The vote of the Speaker (Mr. Clay) was now demanded by the rules of the House in order to decide the question. But that officer, who had so recently exhibited such ad- mfratlon for freedom, now ingloriously yielded to the pressure of south em influence and voted in the affirmative.* This vote decided the whole question. Indeed, the subsequent vote, agreeing to the report of the committee striking out the amendment, was agreed to by ninety members to eighty-six who opposed it, Messrs. Bald win, of Pennsylvania ; Campbell, of Ohio, and Whitman, of Massachusetts, .votmg with the slaveholders, and it became a maxim that southern members would always control enough northern votes to secure any measaie favorable to slavery. We have been particular in the details, connected with this first deci sion of Congress iu favor of extending slavery, though it is believed that few of those who then sanctioned this extension of ba,rbarism were conscious of the momentous interests involved in that contest. The de» bate upon it, however, was able and earnest, embracing nearly all the arguments which were brought forward on the various questions touch ing the extension of slavery in subsequent years. When the bUl reached the Senate, a motion was made so to amend it as to exclude slavery from the territory, but the motion was rejected, only fourteen members voting for it, whUe nineteen voted against it. Messrs. Edwards and Thomas, of Illinois, and Monroe, of Ohio, voting with the slaveholders. The bUl passed the Senate and became a law. An incident of unusual interest occurred during this session of ^^ Congress. A bUl to authorize the people of Missouri Territory to form a constitution and State government was introduced in the House of Representatives. When it came under debate, Mr. Tall- madge, of New York, proposed an amendment declaring aU persons bom of slave mothers after admission of the State should be free at the age of twenty-five years. The debate on this proposition was rendered remarkable on account of the important principles discussed, the interests involved, the precedent * The attthor has good authority for saying that Mr. Clay regretted this vote in subsequent life. Indeed, no man made stronger protestations against the extension of slavery than he did after wards hi the Senate of the United States. 64 SLAVEET IN MISSOUEI AGITATED. established and the influence which it exerted upon subsequent legislation and the cause of Christian civilization. Southern statesmen had long looked upon the purchase of Louisiana, with its vast extent of territory, as certain. Slavery had already found existence in that portion which was then inhabited, and they had no doubt of its being extended over the whole, which at no distant day would furnish a large number of additional slave States, increasing the influence and political power of the institution. They had afready secured - a controlling influence in the Government, had defeated the attempt to establish freedom in Arkansas, and now entered upon the work of estab- Ushing slavery in Missouri with great confidence. The statesmen of the free North entered upon the contest surrounded by many discouragements. Since 1193 the powers of Govemment had been exerted in favor of the institution, Northern members were con- ' servative. Mr. Clay, who was then exerting more influence in Congress than any other member, had been looked to with much hope ; but he had lent his vote to establish slavery in' Arkansas, and men of experi ence entertained the opinion that he woujd do the same in regard to Mis souri. But the free States were the most populous, and furnished the greatest number of Representatives. They had been educated in the love of liberty, and if true to the cause of freedom they would have pre vailed. They knew that the Government had been founded upon prin ciples of universal Uberty, and they felt confident in the justice of thefr cause, and conscious of the responsibUity resting upon them. On the motion of Mr. Tallmadge, northem members pointed out the evils of slavery, showed how its extension oyer Missouri would entaU ig norance, degradation and suffering upon its people ; that at some future day it would drench that fair land in blood. They referred to its inherent crimes, its barbarous character, and entfre mcompatibiUty with repubUcan principles. •¦But the advocates of slavery would not discuss its moral character. Nor would they examine the primal truths enunciated by the founders of our Government. They dwelt altogether upon technicalities. They denied the right of Congress to reject a State whose Constitution admit ted slavery. They assumed this as thefr predicate, without assigning reasons or explanation. On this assumption they rested aU thefr argu ments. And when this postulate was denied and its faUacy exposed, they ap pear to have become irritated and had recourse to threats and intimida tion. They spoke of "the ides of March," of the "fate of Csesar and of Rome." They asserted that if northern members persisted in exclud- DISSOLUTION OF THE TJNION THEEATENED. 65 ing slavery from the Territories, the Union would be dissolved. They insisted that northern members had afready " kindled a fire which the waters of ocean could not extinguish." To this it was repUed that if a dissolution of the Union must take place in consequence of maintaining freedom, " let it be so." " If blood were necessary to extinguish the love of Uberty, it must flow." The ad vocates of justice and freedom were ready to die in the cause which they advocated.* The debate was commenced on Mr. Tallmadge's proposition, on the 13th February, and continued untU the 16th, when the vote was taken, and the amendment was adopted by 82 in the affirmative, to 18 in the negative. Mr. Smith, of Maryland, and Mr. HaU, of Delaware, being the Only members from slave States who voted iu favor of the amendment, whUe ' Messrs. Parrott, of New Hampshire ; Holmes, Mason, and Shaw, of Massachusetts ; Sfason, of Rhode Island ; Conger and Storrs, of New York ; Bloomfield and Kinney, of New Jersey; Beecher and Harrison, of Ohio, voted with the advocates of slavery. The bill, thus amended, passed the House by a large majority, and was sent to the Senate. When it came under consideration in that body, a motion was made to strike out the amendment inserted by the House, and thus was the bald question of slavery or freedom in Missouri pre sented to the choice of Senators. There was but little debate on the sub ject, but the proposition was sustained, and the restriction stricken out by a vote of 30 in the affirmative to 6 in the negative ; Messrs. Dagget and Dana, of Connecticut ; Palmer and Tichenor, of Vermont; King and Sandford, of New York ; Leach and Roberts, of Pennsylvania ; Storer, of New - Hampshire, and Otis, of Massachusetts, representing free States, voted with the slaveholders against the establishment of Uberty in Missouri. The entfre history of our nation and of other governments show that the further public officers are removed from the power of the people, the less anxious are they to secure the people's rights ; certainly no fact is more apparent in our own history, than that the Senate, up to the time of the great rebeUion of 1861, on almost aU questions involring popular rights, acted with the slaveholders. On this occasion, only six of the twenty Senators from free States voted for freedom, while twelve voted ? Forty-two years subsequently, while the writer was penning these pages, the great battle of Pea Ridge was being fought by the Union army of Missouri. It was the most bloody contest which had then occurred upon the American soil. There the friends of freedom poured out their blood freely in defence of their cause. They achieved a glorious victory, and by the sacrifice of more than a thousand valuable lives, established Uberty in Missouri, which was basely surrendered by northem statesmen in 1819. 66 THE EEEOE OF 6EEVILB P0LITICIAN8. for slavery in Missouri. The bUl, being thus amended, was retumed to the House for concurrence. The session was near its close and the biU was immediately taken up for consideration in that body, and after a short debate, the amendment ofthe Senate was disagreed to by a vote of 16 in the affirmative to 18 in the negative. The Senate insisted on their amendment, and the House adhering to the bUl as it passed that body, it was lost, and no law in regard to the admission of Missouri was passed at that session. This rejection of slavery in Missouri was complained of by, southem papers and poUticians as dictated by sectional interests and sectional pre judices. Southern men having refused to examme the moral question, appeared to think that other sections of the country would only look at its political or sectional influence. To this period we may trace that error which became chronic in the minds of servUe politicians, of charac terizing the advocates of unchanging truth, justice, and freedom, as sup porters of a sectional issue. But this successful resistance against the eirtension of slavery awakened in the northem mind a spfrit of determined adherence to the doctrine of human rights, which, from that time never slumbered nor slept ; although many years elapsed before it attained such strength as to be heard by the nation. jgjg , At this closing session of the fifteenth Congress, the people of Illinois, having framed a constitution and State government, asked admission to the Union. The constitution reserved to the people of that State the right to employ slaves at the salt works, near Shawneetown, until the year 1825, and to requfre all persons serving in that State under indentures to continue in service such tune as had been stipulated. On admitting the State a question was raised as to the consistency of this constitution with the ordinance of 1181, and on this question a debate arose in which Mr. Tallmadge, of New York, declared that he would not argue the barbarous character of slavery, saying, " that stigma must bt cast from us as soon as possible." In answer to this, Mr. Poindexter, of Mississippi, asserted that the " whole South regarded slavery as a curse, and were anxious to get rid of it at the earliest moment possible." But Mr. Harrison, of Ohio, denied that the ordinance of 1181 im posed any obligation upon the people of lUinois to discard slavery. And he assured gentlemen that Ohio would never ask Congress whether she might adopt slavery or not.* » This subserviency to the slave power on the part of Mr. Harrison probably constituted th^ secret of his election to the Presidency in 1840. While Mr. Clay's love of liberty, doubtleas defeated him in 1844, as the southern States opposed his election. iLLmois ADMrrrED. 57 The bUl admitting HUnois under her constitution passed both Houses of Congress, and became a law. Further claims for slaves deported by the British army at the close of the late war, were presented and referred, and reports were made show ing the progress of the Executive ui obtaining a reference of all ques tions touching those claims to the umpfrage of the Emperor of Russia ; and the fifteenth Congress was brought to a close. 58 ' MISSOUEI CONTEOVEEST EE8UMBD. CHAPTER IV. THE NUMBER OF SLAVE STATES INCREASED. , .j„ , The meeting of the sixteenth Congress was looked to with much interest by the people generally, and with apprehensions by the more timid. The continuance of the Union had been threatened at the previous session, and many honest men of the free States entertained fears tiiat these threats would be carried into execution if slavery were exclud ed from Missouri. Mr. Clay was elected speaker of the House, and on assuming the duties of his office, he made a short speech aUuding to the important questions which would come before them. On the 8th December a committee was appointed to bring in a bUl to authorize the people of Missouri to form a constitution and State government. On the following day the MU was reported in the usual form and was made the order of the day. On the 14th, it was taken up for consideration, when Mr. Taylor, of New York, moved the appointment of a committee to take into consider ation and report a general law for excluding slavery from the territories west of the Mississippi. The proposition prevailed, and the consideration of the bill was postponed to await the report of the committee. jgjg , It was expected that the Speaker, according to parUamentary usage, would appoint a committee favorable to the proposition, but it appears that he was either deceived in regard to the character of some members of the committee, or he intentionally violated the usages of the House ; for on the 29th January, Mr. Taylor reported from the committee that they could not agree upon any action on the subject. The bUl for authorizing the people of Missouri to form a State consti tution and government was agaia taken up, when Mr. Storrs, of New York, proposed to add a new section, prohibiting slavery in the territo ries of the United States north of the 38th degree of latitude. Although representing a free constituency, Mr. Storrs, with much abU ity, opposed the restriction of slavery in Missouri, insisting that the peo ple of that territory ought to be permitted to dispose of the subject according. to thefr own wiU, tacitly denying that the slave was entitled to any consideration. Indeed, no advocate for extending slavery appeared conscious that any moral principle was involved. THE MISSOTTRI CONTEOVEESr. 69 To this it was repUed that, if slavery were just and profitable, it ought to be extended; if unjust and criminal, it should not only be restricted but blotted out ; that it were absurd to say it was just and right up to a cer tain degree of latitude, and unjust and criminal north of such Une ; that the guUt, the turpitude of slavery consisted in its perpetration and not in the place of committing the crime] As the legislatures of different States assembled, the absorbing question . of admitting Missouri attracted thefr attention. Pennsylvania appealed to the other States " to refuse to covenant with crime," and by a unanimous vote declared it the duty as weU as the right of Congress to prohibit slavery in Missouri. New Jersey and Delaware followed by unanunous vote of their legisla- tiires. Nor was New York backward on the subject. The Legisla ture of that important State adopted resolutions calUng on Con gress to inhibit slavery in Missouri; and aU parties united in reelect ing Mr. King to the Senate for the plirpose of sustaining the policy of restricting the institution. Ohio also followed the example set by her sister States, and adopted resolutions calling on Congress to restrict slavery to the States in which it then existed. The legislatures ofthe New England States were sUent; but thefr peo ple sent numerous memorials to Congress, asking that body to save the nation from the further extension of slavery. Kentucky, Virginia, and Maryland, through thefr legislatures, memorialized Congress in favor of permitting Missouri to establish slavery, if her people desired its existence among them. A large meeting was held in Baltimore, at which the mayor presided, and strong resolutions against the extension of slavery were adopted. But the Legislature of Pennsylvania alone spoke of slavery as a crime, and invoked Congress " to refuse to covenant with it." Others referred to the institution as wrong, as unjust, im,politic, Sfc, but exhibited an apparent deUcacy in characterizmg the deep moral turpitude of the institution. On receipt of these memorials and legislative resolves, the bill relating to Missouri was laid aside, and that admitting Maine to form a State government and cdnstitntion was taken up for consideration. Mr. Clay, Speaker of the House, now opposed the admission of Maine, and assigned as • the cause of his opposition the Efforts to restrict slavery iu Missouri. But this unjust and unstatesmanlike effort was promptly met and exposed and ahnost unanimously voted do-wn. The bill admitting Maine was passed and sent to the Senate for concur rence ; and that admitting Missouri was again taken up for considera tion. 60 THE MISSOUEI CONTEOVEEST. As the debate continued to occupy the House of Representatives, the attention of the people became more uitensely attracted to the subject j and for the first time the northern States appeared to realize that the moral sentiment of the nation was paraUzed by the slave power. News papers caUed attention of thefr readers to that provision of the Federal Constitution which gives to each State equal powers and influence in pro portion to their free population, and then superadds three votes for every five slaves whom the people of such State may hold in bondage. They said the provision which thus gave a bounty to slaveholders was the work of those who framed the Constitution ; but if that bounty were extended to Missouri, the generation who perpetrated such an outrage must bear the odium. But this superiority of influence had been acknowledged by the framers of the Constitution; and slaveholders had been led to beUeve it a just ac knowledgment of thefr superior exceUence. These considerations seemed to embitter the contest. The people of both slave and free States became excited. The arrival of maUs was watched with interest in every -rillage, hamlet and city. AU eyes were turned towards Congress. The action of every member was watched by his constituents, and a determi nation was manifested to hold members responsible for thefr course upon the subject of liberty. WhUe the debate in the House was progressing, the Senate took up for consideration the bill admitting Mame. An amendment proposing to admit Missouri was offered, and Mr. Roberts, of Pennsylvania, proposed to amend the amendment by inserting a prohibition of slavery in Mis souri. Thus both Houses of Congress were engaged at the same time in dis cussing the important question of extending slavery, which was fraught with such momentous consequences to the nation and to posterity. Northern Senators appeared more inspfred -with the spfrit of freedom than at any time since the adoption of the Constitution. They referred to the Declaration of Independence, insisted that the primal truths therein enunciated ought not to be departed from. But eloquence and logic could not reach the hearts of slaveholders. Southern members of the Senate followed the example set them in the House of Represent atives. They steadily and persistently refused to debate primal truths, or moral principles. Assuming as thefr predicate that Congress was bound to admit any new State with such constitution as its people should adopt, they based thefr arguments upon that postulate, from which they reasoned ably and ingenuously. In aU thefr arguments they denied that human governments were THE MISSOUEI OOHTEOVEEBT. 61 limited in thefr legitimate powers to the administration of jnstice, ins'ist- ing that they held the political right to enslave the African race, and render them subserrient to the wiU of thefr masters ; and uttered threats of a dissolution of the Union if northem members persisted in thefr efforts to inhibit slavery in the Territories. To the Hon. Ninian Edwards, of lUinois, belongs the honor or the odium of enunciating in the Senate of the United States his own moral cowardice. He spoke of the feeling in the free States against the extension of slavery, declar ing he could not contemplate it except with horror. He iosisted that the slave States were opposed to slavery, and would rid themselves of it soon as Providence should open a way for its abolition, and closed by Baying he should vote against the restriction " to save the Union ;" and this language was repeated in the Senate and in the House of Represent atives during the succeeding forty years, and constituted the reason for every surrender of human rights and northem honor, until southern men actually seceded from the Union. Yet we are not at liberty to suppose that Mr. Edwards or others, who thus surrendered their independence at the dictation of southern members, believed that iu thus encouraging the advocates of slavery, strengthening and confirming them in the opinion that the Union was chiefly beneficial to the free States, they were hastening the very event which they professed to deprecate. The feeling among the people of the free States appeared to have a different effect upon Mr. Otis, of Massachusetts, who had, up to that time, usually spoken and voted -with southern members. He now changed his position and stood forth among the ablest and boldest champions of freedom. After spending some two weeks in debating this question, the Senate proceeded to vote on the proposition to prohibit slavery in the contem plated State of Missouri, when it was found that only sixteen members were in favor of it, while there were twenty-seven against it ; all mem bers from the slave States voting against it, assisted by Messrs. Parrott, of New Hampshfre ; Palmer, of Vermont ; Hunter, of Rhode Island ; Lanman, of Connecticut ; Edwards and Thomas, of IlUnois. The inhi bition being rejected, Mr. Thomas, of lUinois, offered an amendment, prohibiting slavery in the Louisiana purchase, north of the Une of Arkansas. Mr. Trimble, of Ohio, moved to amend that proposition by excluding it from Arkansas also ; but tSiis latter proposition was rejected, 24 to 20, the Senators from Illinois and Indiana voting against it. The vote was then taken on excluding slavery from the remainder of the Louisiana purchase, and it was carried, 34 to 10. With these amendments, tho 62 THE MISSOUEI CONTEOVEEST. bUl admitting Maine was attached to that admitting Missouri, and the two bills thus consolidated passed the Senate, 24 to 20, and was trans mitted to the House for concurrence. Nor had the lower branch been idle while the debate was progressing in the Senate. In that body the history of slavery was traced to its origin ; its crimes and guilt were brought out to the pubUc gaze ; its unequivocal character, its riolation of natural law, of natural justice, 'was set forth in forcible language ; its effect upon the prosperity of nations, its perfect inconsistency with Christian civiUzation were forcibly presented. To this it was replied that slavery had existed among all ancient nations ; that it was necessary in warm latitudes, where white men could not endure the heat ; that our Federal Constitution had recognized its existence, and southern men would not now examine its justice or injus tice ; and northern members were appealed to and exhorted to forget their prejudices ia favor of freedom, in order " to save the Union." Mem bers from the slave States boasted of their devotion to the Union, and begged that northern members would not press their views of Uberty too far, lest they should drive slaveholding members to dissolve the Union which they so highly prized, asserting that every people held the right to judge for. themselves whether they would or would not establish . slavery. Northern members admitted that the doctrine advanced would be con sistent in a Pagan government ; but was entirely opposed' to Christianity, which denied that those who administer human governments could inno cently enslave men who had committed no crime or offence. jg2(). On the' 19th Febraary, the House took up the bUl from the Senate, and disagreed to the amendments made in that body after four days' debate, and, having retumed the biU with their disagree ment, resumed the consideration of the proposition to inhibit slavery in the contemplated State of Missouri. On the 21th February, the House, m committee, agreed to the clause restricting slavery in Missouri, and the bUl was reported to the House. On the 29th, that body, whUe considering the amendments, reached the restrictive proposition, and it was agreed to, 94 members voting in favor of it, to 86 against it, Messrs. Holmes, Mason, and Shaw, of Massachu setts ; Storrs and Meigs, of New York ; and Baldwin, of Pennsylvtoia, voting with the advocates of slavery ; and the bill passed the House by vote of 91 to 82, and was transmitted to the Senate for concurrence on the 1st March. The Senate proceeded at once to consider the biU, and by vote of 21 THE MISSOUEI CONTEOVEEST. 63 to 15 struck out the restrictive clause, Messrs. Tichener and Pahner, of Vermont ; Hunter, of Rhode Island ; Lanman, of Connecticut ; Par rott, of New Hampshire ; Thomas and Edwards, of Illinois, again voting w^th the adherents of slavery. The Senate next amended the bUl by adopting a clause excluding slavery from aU that portion of the Louisiana purchase lying north of 36 deg. 30 min. north latitude, and returned the biU, with thefr amendments, for concurrence by the House. The House disagreed to the Senate's amendment attached to the bUl admitting Mame, and the Senate haring adhered to their amendment, demanded a committee of conference. The House of Representatives compUed with this demand, and the committee being appointed, did not confine their action to the question submitted to them, but advised the Senate to recede from its amend ment uniting the two biUs in one, and advised the House to recede from its amendment prohibiting slavery in Missouri, and that both branches should adopt a clause excluding the institution from the remainder of the territory purchased of France. This was Uterally the compromise which became so celebrated in Amer ican history. It consisted of covenants, entered into by the members of Congress, professing to act for and ou behalf of the people whom they represented, as foUows : First. The people of Maine were to be authorized to form a State government and constitution. Second. The people of Missouri were to be authorized to form a State constitution and govemment without restriction as to slavery. Third. Slavery was to be excluded from the remaining portion of the Louisiana territory. In making this recommendation, the committee clearly transcended its powers, as the bill concerning Missouri had not been committed to them for consideration. The House, however, immediately took up the bUl to authorize the formation of a constitution and State govemment in Missouri, with the amendment made m the Senate, striking out the clause inhibiting slavery, and it was ascertained that 90 members were in favor of agreeing to the action of the Senate, while only 81 were opposed to it 1 The foUowing members from the free States voted in favor of agree ing to the Senate's amendment, to wit : Messrs. Holmes, Mason, HiU, and Shaw, of Massachusetts ; Eddy, of Rhode Island ; Foote and Stevens, of Connecticut ; Bloomfield, Kinney, and Smith, of New Jersey; Storrs and Meigs, of New York ; Baldwin and FuUerton, of Peunsyl- 64 THE MISSOUEI CONTEOVEEST. vania. Messrs. Edwards, of Connecticut ; Merril, of Vermont ; Case, Peck, and Thompkins, of New York, did not , vote. It was through this defection of northem members that slavery was established iu Missouri. « The proviso excluding slavery from the territory north of 36 deg. 30 min. was then agreed to by a vote of 134 to 42. It was on this occasion that Mr. Randolph, of Virginia, denounced the eighteen northern members by whose vote this compromise was carried, as " dough-faces," and the compromise itself as a " dirty bar gain." Mr. Randolph gave notice that he should move a reconsideration of the vote on the next day ; but the Speaker, intendmg to put an end to the controversy, dfrected the Clerk to hurry the bUlto the Senate the same evening ; and when, on the foUowing day, Mr. Randolph attempted to make the motion to reconsider, he was informed that the bill had been sent to the Senate, and his motion was, therefore, not in order.* The Senate now receded from its amendment to the biU admitting Maine, and thus the compromise was consummated so far as Congress was concerned, and the two bills now awaited the Executive approval. At that period the State of Vfrginia appeared to exert a controUing influence in our national politics, and the statesmen of that common wealth seemed desirous of raising an issue in the approaching PresL dential election, upon the power of Congress to exclude slavery from the Territories of the United States. The President (Mr. Monroe), to fortify himself on this point, pro pounded to his cabinet two questions : First. Has Congress the constitutional power to prohibit slavery in the Territories of the United States ? Second. Was the term "/orever "'used in the bUl authorizing the people of Missouri to form a State constitution and government, to be understood as referring only to the territorial condition of the district to which it related ? Or was it an attempt to extend the prohibition to tJie States which might at some future day be erected thereon ? On the first question the Cabinet were unanimously of the opinion thai Congress possessed the power to exditde slavery from the Territories of the United States. * Mr. Olay, after the death of Mr. Randolph, admitted that he sent the bill thus early to tba Senate for the purpose of putting an end to the debate ; Mr. Randolph was greatly offended at tbl» managemeni of tbe Speaker, and the feeling created at that tune probably gave rise to the dul between those gentlemen, which occurred some years afterwards. VIEVFS OF THE EXECUTIVE CABINET. 65 On the second, Mr. Adams aloue declared in favor of such constrac tion as would forever exclude slavery from such States as might be formed from the territory embraced iu the proviso. But at the instance of Mr. Calhoun, the second interrogatory was so modified as simply to inquire whether the proviso as it stood in the bill was constitutional'? And all the cabinet responded in the affirmative.* The difficulty on this subject, doubtless, arose from the proneness of statesmen to reason from the incidental questions propounded, rather than to search out the primal cause which gave rise to them. Had members of Congress and of the Executive cabinet borne in mind that our Government was based upon the acknowledged doctrine that Ufe and Uberty are gifts of God constituting the rights of mankind, lying behind and above human laws and human governments, they would have seen and felt that Congress must have had the same power to exclude slavery from our Territories, that it had to exclude murder or treason from them, or to exclude piracy from the high seas ; and that States formed from such territory could have no more authority to establish slavery than they had to establish murder or treason. Mr. Adams, then Secretary of State, was in the habit of describing, in his Diary, his own views upon important events which were trans piring around him ; and we cannot better interest the reader than to give a short extract therefrom, showing the riews and impressions of that distinguished statesman at the time of consummating this com promise. " The impression," said he, " produced ou my mind by the progress of this discussion is, that the bargain between freedom and slavery con tained in the Constitution of the United States, is morally and politically vicious, inconsistent -with the principles upon which alone our Revolution can be justified ; cruel and oppressive by riveting the chains of slavery ; in pledging the faith of freedom to maintain and perpetuate the tyranny of the^asters ; and grossly unequal and impoUtic, by admitting that slaves are at once enemies to be kept in subjection ; property to be secured and restored to their owners ; and persons not to be represented ihemsdves, but for whom the masters are privileged with nearly a double share of representation. The consequence has been that this slave representation has governed the Union. ... It would be no difficult matter to prove * The opinions of the Cabinet were expressed in writing by each member ; but those written opinions were subsequently lost from the Executive files, and the above facts were supplied from- the Piary pf Mr. Adams, to the correctness of which, Mr, Calhoun was constrained to yield admis sion, although he changed his opinion as to the constitutional power of Congress to prohibit slavery in the Ten-ltories. 5 66 EFFECTS OF THE COMPEOMISE. by reviewing the history of the Union under this Constitution, that almost everything -which has contributed to the honor and welfare of the nation has been accomplished in despite of them, and that every thing unpropitious and dishonorable, including the blunders and folUes of thefr adversaries, may be traced to them." jgjj . The result of the contest was deeply mortifying to the North. The people of the free States now realized that they were under the rule of the slave power, and felt a corresponding humiUation. Governor Woolcot, of Connecticut, alluding to it in his annual message, declared, " We may admit that our southern brethern are as firmly attached to Uberty as ourselves ; but we cannot concede that they are our superiors without submitting to humiUation and reproach. Pro- ibably the claim has no other foundation than in the well-known ardor, ^tenacity of opinion, and strict concert of action with which the members f thought in which his muid revolved. His entfre theory of govern ment differed from that on which the founders of our institutions rested. Hence the 1st, 3d, and 5th resolutions were in unmistakable conflict with the Federal Constitution and the Declaration of Independence. The statesmen who formed the Union declared its purpose was to secure all per sons iu the enjoyment of "life, liberty and happiness." The fikt of these resolutions declares it was to secure the several States in the enjoyment of their sodal and political advantages. The third resolution declares the Federal Government to be the agent of all the States so far as prac ticable, to protect and support their institutions. This contained the gist of the slaveholding theory. The purpose was to make the Federal Govemment the supporter of slavery — tbe instrument for overthrow ing the essential principles of liberty — its adoption constituted an im portant step in the transformatiou of the Government to a slaveholding oligarchy. But the fifth resolution was evidently aimed at Christianity itself Tbe numerous petitions and memorials against slavery and the slave trade in the District of Columbia, in the Territories, and on the high seas, were based upon the principle that oppression of our feUow-men, and the sale and transfer of human beings were revolting to the civU ization of the age, were barbarous, were violations of justice, transgres sions of the laws of nature, and of nature's God, offensive both to God and aU good men. But the resolution tacitly admitting the con stitutional right of the memorialists to ask for their aboUtion, denied the right to ask it on account of its hdng immoral or dnful. Thus deny ing the right of governments to -ac.t upon the clearly revealed. wUl of the Creator. Tbe discussion of these resolutions was somewhat protracted, and Senator^ deemed their adoption so important that each wrote out his own remarks upon them in order that his views might net be subse quently misunderstood. But we rise from the examination of that debate with feelings of moi^ tification and disappointment, at finding no Senator from the North or MK. Stevenson's challenge of o'connell. 121 the South -wiUing to vindicate the founders of our institutions in estab-' Ushing a free government. No one appeared willing to deny the propo sitions bf Mr. Calhoun.* In aU ages of the world men high in office have imagined themselves clothed -with powers and influence which they did not possess. Mr. Calhoun and the Senators who were acting with him unquestionably sup posed they were laying down doctriues and enunciating principles to govern Congress in all coming time.f , In the course of the debate objections were made to the resolutions on account of their dfrect reference to reUgious opinions ; but Mr. Calhoun replied : " Tbe abolitionists assaU slavery because it is wicked and dnful, aud I wish to meet them distinctly on thaf, point!' Mr. Preston, of South CaroUna, proposed to discard the words "im moral and sinful," hut Mr. Calhoun was inexorable. He declared that religious fanaticism had sent thousands of victims to the stake, and abo lition (said he) "is nothing else than rdigious fanatidsm." Tbe resolutions were adopted by a vote of 35 to 9. ' Tbe members of the twenty-fifth Congress convened for their ^ggg second session on tbe 3d December : and on the following day Mr. Adams presented a resolution and preamble reciting that our minister at tbe court of St. James had brought disgrace upon our nation by challeng ing Daniel O'ConneU, a member of the British House of Commons, to mortal combat, for haring said iu a pubUc speech, that " the American Government was represented at the English court by a man who reared men and women for market!' O'ConneU was a distinguished orator and phUanthropist, and did not hesitate to speak truth boldly and fra,nkly : Holding slavery in great abhorrence, he referred to Mr. Stevenson, our minister at London, in a public speech in terms more truthfid than respectful. Mr. Stevenson, feeUng tbe pungency of the remarks, sent hun the chaUenge referred to ; and Mr. Adams determined to expose the transaction. But the intro duction of this resolution aroused the fre of slaveholders, and it W93 laid * Mr. Benton was one of the strongest opponents of Mr. Calhoun's doctrines in regard to seces sion ; but he' agreed with that Senator in regard to memorials concerning slavery and the slavo trade, and in hia " Tliirty Years," says the petitioners "did not Uve in any State, Territory, or dis trict subject to slavery. They felt none of the evils of which they complained, were answerable for none of the supposed sins which they denounced, were living under a government which acknow ledged 'j^op&rty in slaves, and had no right to disturb the rights of others." — F*tfe" Thirty Tears," &c., vo^ii., page 184. + Mr. Benton in referring to this debate, says, " The resolutions and the debate upon them con stitute the most important proceeding on the subject of slavery which has ever talcen place in Con- gi-ess. They were framed to declare the whole power of Congress on the subject and were presented for a test vote, and as a future plalform and pemnc/nent settlement of the law on the slavery question." — Vide Benton's "Abridgment ot Debates," vol xiii., page 668. 122 INTEODUCTION OF ATHEETON GAG-EULES. 'on the table ; but, ever steady to his purpose, Mr. Adams embraced the first opportunity to lay the facts before the country in a pubUc speech. The first and most important business apparently claiming attention of the democratic party, which then controlled the Government, was the suppression of the constitutional right of petition and of debate. To devise measures to effect that object, they held a caucus on the night of the first day of the session, at which resolutions were considered, and ordered to be presented to the House of Representatives. They were said to have been penned by Mr. Calhoun — they certainly expressed doctrines and asserted a poUcy which that Senator had previously avowed ; but Mr. Athertou, of New Hampshfre, was selected as the agent to present them. They were eridently intended as a part of the system adopted in the Senate ; and demonstrate the character of that government into which it was intended to transform the RepubUc. They were couched in the following language : " Resolved, That this is a Government of limited powers, and that by the Constitution of the United States Congress has no jurisdiction over slavery ui the several States of the confederacy. " Resolved, 2d, That petitions for the aboUtion of slavery in the Dis trict of Columbia and the Territories of the United States, and against the removal of slaves from one State to another, are a part of a plan of operations set on foot to affed ihe institution of slavery in ihe several States, and thus indirectly to abolish it within thdr limits. " Resolved, 3d, That Congress has no right to do that indirectly which it cannot do directly ; and that the agitation of slavery in the District of Columbia or the Territories, as a means aiid with ihe view of disturbipg or overthrowing the institution in the several States, is against the true spfrit and meaning of the Constitution, an infringement of the rights of the States affected, and a breach of the pubUc faith upon which they entered into tbe confederacy. " Resolved, 4^A, That the Constitution rests upon the broad principle of equaUty among the members of the confederacy, and that Congress, in the exercise of its acknowledged powers, has no right to discriminate between the institutions of one portion of the States aud another with a view of abolishing one and promoting the other. " Resolved, therefore, That all attempts on the part of Congress to aboUsh slavery in the District of Columbia or the Territori^, or to pro hibit the removal of slaves from State to State, or to discriminate between the institutions of one portion of the confederacy and another with the views aforesaid, are a violation of the Constitution, destructive MENDAorrr of the eesolutions. 123 of the fundamental principles on which the union of these States rests, and beyond the jurisdiction of Congress : and that every petition, memo rial, resolution, proposition or paper touching or relating in any way, or to any extent whatever, to slavery as aforesaid, or the abolition thereof, shall on presentation thereof, -without any further action thereon, be laid on the table without being debated, printed, or referred." , The unmitigated mendacity which imputed to the Christian philan thropists of that day a design unconstitutionally to interfere with slavery in the States, excited astonishment in the minds of honest men. Among the petitioners thus assaUed were men of high moral and Chris tian character. None were more patriotic, none more enlightened. But the slave power and the democratic party felt it necessary to place this official slander upon the joumals of the House ; and for a quarter of a century it was repeated by servile poUticians and puerile demagogues. The mover of the resolutions, on presenting them, made a speech urging thefr adoption, and then demanded the prerious question. The first reeolution was adopted by 194 to 6. Messrs. Adams, of Massa chusetts ; Evans, of Maine ; Bveret and Slade, of Vermont ; Russel, of New York, and Potts, of Pennsylvania, voting in the negative. The second, or libeUous resolve, was adopted by a party vote of 136 to 65 ; the third was adopted by 164 to 40 ; the fourth by 114 to 24 ; and the fifth by 113 to 26. They subsequently became famous as the " Athertou gag." * These resolutions constituting the record eridence so often quoted to show that the advocates of liberty were seeking to invade the constitutional rights of the slave States by abolishing slavery therein, renders it the duty of the historian to say, that no petition praying Congress to interfere -with slavery in the States had been presented in either House ; no resolution or bill had been presented for that purpose ; no member of Congress had advocated such measure by pubUc speech nor in private conversation, so far as the author has knowledge, although for thirty years he held more pubUc and private conversation with the lovers of liberty than perhaps any other member of Congress : nor did the author during that time ever hear or learn that any private citizen entertained an idea that Con gress possessed the power, or expressed a desfre that that body should interfere with the institution otherwise than by separating the Govern ment and the people of the free States from its crunes and disgrace. * The writer first took his seat in Congress during this session. On inquiring of Mr. Adams why he^-oled against the first resolution, that experienced statesman informed him that, in case of war, Conjrreag and the Executive would become possessed of full power over the institution, and might aiioiinJi it if deemed necessary to save the Ooverument. 124 ¦ MB. Southern Whigs appeared anxious to have it understood that they were more devoted to slavery than their democratic rivals. For this purpose Mr. Wise introduced propositions declaring " that petitions for the abolition of slavery in the District of Columbia, or in the Territories, were in violation of the Federal Constitution : that Congress had no power to aboUsh slavery in the District of Columbia, on tbe high seas, or in ' .the Territories, as a means or with a view of overturning slavery in the States : that tbe laws of Congress alone governed the arrest and return ! of fugitive slaves : that Congress cannot impose upon a* State tbe abo-'| lition of slavery as a condition of its admission to the Union : and, ' finally, that the slaveholding citizens of this Union have the right volun tarily to take thefr slaves to and through non-slaveholdmg States, and to sojourn and remain with them temporarily in any of the States ; and that the Federal Government is bound to protect the rights of tbe slaveholding States ;" but Mr. Wise was unable to get his propositions before the House for consideration. Mr. Slade, of Vermont, was equaUy unfortunate. He presented a series of resolutions setting forth the existence of the slave trade in the District, describing its barbarous character, and declaring that the reso lutions presented by Mr. Athertou and adopted by the House of Repre sentatives were not intended to protect the traffic in human flesh. When the ayes and noes were caUed on suspending the rules to receive these resolutions, tbe name of John Quincy Adams was announced, being the first on the list. That venerable member rose, and in a clear and distinct voice said, " I refuse to answer, considering all tbe resolutions" — The Speaker sprang to his feet, and striking his gavel rapidly upon the sounding-board in front of him, caUed Mr. Adams to order, amid the most clamorous cries for "order" from all parts of the haU. Mr. Adams remained standing, and appeared to listen with great solemnity to the admonitions of the Speaker ; and when that officer resumed his seat, he added : " considering all the resolutions unconstitutional." This was uttered in a clear voice .which was heard above the clamors of other mem bers, and the excited voice of the Speaker, calling on all members to assist him in restoriug order 1 As Mr. Adams resumed his seat, Mr. Thompson, of South CaroUna, was recognized, and he pi-oceeded to say, " the Speaker calls on members to assist him in restoring order, and I am anxious to do so ;" and then, with subdued voice, inquired, " what shall I do 1" The subdued voice of Thompson, the sUence that for a moment pervaded the hall, the awkward interrogatory propounded, the wMmsical position in which it placed both the Speaker and mterrogator, appeared to impress members with a sense of the ridiculous, which was A BLATE OOFFLE AT THE CAPITOL. 125 stUl further increased by the Speaker's declaring " the gentleman from South Carolina out of order." * ' The motion to suspend the rules failed, and the resolutions were not considered nor debated. Petitions for the abolition of the coastwise slave trade, the interstate slave trade, the slave trade and slavery in the District of Columbia and in the Territories, and memorials against the annexation of Texas, -were now constantly sent to members, presented to the House, received in sUence, and entombed in the deep alcoves of the Clerk's rooms ; but none were permitted to be read, debated, or committed. Mr. Calhoun, of Kentucky, presented a resolution dfrecting tbe Com mittee on the Judiciary to report a bUl declaring it a crime against tbe United States for any person to aid or assist slaves to escape from thefr masters ; but he faUed to obtain a suspension of the rules, in order to consider it. Petitions for restoring commercial relations with Hayti, aiid others asking Congress to acknowledge the independence of the Haytien govem ment, were presented. But these were all laid on the table, as they were supposed to have relation to the " peCuUar institution." Other petitions, praying Congress to take measures for removing the seat of Government to some free State, shared the common fate of peti tions against slavery. Men in the mterest of the institution now mtroduced the practice of sending threatenmg letters to Mr. Adams, informing him that his death was determined upon ; that he was to be seized, carried out of the city, and Lynched; dark intimations Were often given in the House, that if he were to go South he would not return. It appeared that southern mem bers, and southern men, beUeved that he could be operated upon through fears of personal violence. Au incident occurred on the 30th January, Ulustrating the ^^^ condition of the public mind on the subject of the slave trade, A slavedealer came from the interior of Ma,ryland with some thirty men, marching past the Capitol in double files, each fastened by the wrist to a long chain passing between them from front to rear. Next came nearly as many women in the same o'rder, but not . chained. Many of them carried bundles of clothing. These were foUowed by a wagon drawn by two mules, and containing the smaU chUdren of the party. The slave merchant was on horseback, armed with pistols, bowie- knife, &c., and bearing in his hand the "plantation whip." The whole • This scene was reproduced in a lithographic caricature, whioh"waa widely circulated. 126 QUAEEEL BETVFEEN DUNCAN AND STANLEY. procession gave a rivid impression of the barbarism at that time prac tised at the seat of Govemment, and upheld and 'encouraged by the democratic party and by the southem members of the Whig organiza tion. The men and women appeared dejected and heartbroken as they passed the Capitol, and the moumful procession exhibited a heathenism apparently unsuited to a Chi'istian nation.* The passing of this slave coflfie by the Capitol of the nation excited attention. Mr. Slade, of Vermont, offered resolutions, reciting the facts by way of preamble, and proposing to raise a committee to ascertain and report what legislation was necessary to prevent a recurrence of such scenes. The presentation of this resolution created excitement, but the Speaker prevented all discussion by declaring that the resolution came within the provisions of the general rule adopted on motion of Mr. Ath ertou, and it was laid on the table, and all further exposure at that time was prevented. Hon. Edward Stanley was a Whig member from the State of North Carolina. He was present when Mr. Slade, who was also a Whig, pre sented his proposition to inquire into the slave trade ; but sat sUently attentive to passing events, and permitted the slave trade to be assaUed. Alexander Duncan, representuig the Cincinnati district of Ohio, now charged the Whig party with encouraging abolition. Stanley, in reply, read a letter signed by Duncan, addressed to the abolitionists of his dis trict when a candidate for election, in which he declared his " high resped for abolitionists." Duncan was annoyed aud vexed at this exposure, and ou the follow ing morning published a card in the papers of the city, stigmatising Stan ley and other Whig members as cowards for endeavoring to fix on him the charge of abolition, and saying they would not demand the satisfac tion of gentlemen for the insult. On the appearance of this article, S. S. Prentiss, of Mississippi, pre sented a resolution proposing to appoint a select committee to inqufre if Dimcan was the author of the offensive paragraph, and if so, to report a resolution expelUng him from the House. Prentiss was distmguished for his rhetorical powers, aud on present ing his resolution made a characteristic speech. Other members joined in the debate, and the day was spent iu efforts on the part of Whigs and ? The author was then a young member, and this was the first scene of the kind- which he had beheld. It gave him new views of the Government under which he lived. Indeed, he looked upon Congress which had authorized this traffic, the people who suffered its existence, the statesmen who upheld and encouraged it, in a different light from that in which he had previously seen them. They appeared thrown back into the darker ages, rather than existing in the nineteeth century. ME. CLAt'b speech OF 1839. 127 Democrats to fix upon each other ^the odium of abolition. The debate was cut short by Mr. Adams, who stated that he entertained doubts as to the right of the House to deal with a member for disorderly conduct outside the /lalls of legislation. The popular feelmg in Congress and throughout the country ran so strongly against the advocates of justice to the black as well as the white race, that Mr. Adams now felt it his duty to explain his views upon the aboUtion of slavery in the District of Columbia. He stated that much had been said in regard to his course ; said he was almost daUy in receipt of threatening letters ; and he felt it due to the pubhc to say that while lie had strenuously maintained the right of petition, yet he was not prepared to vote for emancipation at the seat of Government : on the contrary, if the question were then presented he would vote against it. He also defined his object in the course he had pursued ui regard to Mr. Stevenson, our minister at London.* The leaders of the whig party were anxious to bring forward Mr. Clay as a candidate for the Presidency in the approaching canvass ; but felt that it were in vain for him to aspire to that office unless his posi tion on the subject of slavery were weU defined, although he had for many years given unmistakable eridence of his devotion to the slave interest. In his earUer Ufe, whUe a member of the Legislature of Ken tucky, he had avowed his love of Uberty ; and that circumstance it was thought would operate against him unless he gave proof of his present adherence to southem interests. To enable him to do this, a petition was circulated in the City of Washington, praying Congress to suppress all agitation in that body hi regard to slavery and the slave trade. The proposition, coming as it did from a people dependent on the legislation of representatives from the free as weU as slave States, was regarded as an insult to the thousands of northern memorialists who asked action on the subject. But this memorial, with a large number of names, was placed in the hands of Mr. Clay, who presented it to the Senate. On introducing the subject, he took occasion to speak of slavery in the kindest terms, saying- that two hundred years of legislation had * It should be bome in mind tliat Mr. Adams at this time was not supported in liis efforts by any member except Mr. Slade, who, though a most conscientious philanthropist, and an avowed advo cate of liberty, was not well calculated to defend his aged associate amid the raging elements which often surrounded- him. Mr. Adams was at that time more than seventy years of age, and although remarkable for his vigor of body#nd inteUect, he must have felt something of that lassitude which Is ever attendant upon the decline of life. The author had served but a few weeks in Congress, and felt entirely incompetent to lend any assistance to older members. 128 MK. MOEEIS CONFEONTS ME. OLAT. "sanctioned and sanctified it," and declaring "thai is property which the law makes property," and assailed the abolitionists with more severity than he was accustomed to use.* The speech drew from Mr. Calhoun compUmentary remarks at tbe close, and it appeared in. the " National Intelligencer " tbe next liiorn- ing. It gave offence to the Quaker population, and to the abolitionists of the free States generally, and proved to be UteraUy the unfortunate speech of his life. Tbe second day after Mr. Clay had spoken, Mr. Morris, of Ohio, repUed to him. This gentleman was a Democrat, bad been reared upon the frontier, was indebted to his own industry and self-culture for his position. A man of strong native inteUect, he always spoke his own honest convictions without offence. • On presenting a large number of memorials for the aboUtiou of the coastwise slave trade, ' for the aboUtion of slavery and the slave trade m the District of Colunlbia and in the Territories, he replied at" length to Mr. Clay. He declared his high respect for the friends of liberty who were seeking to abolish slavery and tbe slave trade where Congress held , the constitutional power, and frankly avowed himself in full sympathy with them. He exhibited the unjust and unconstitutional mode of entombing in sUence and forgetfulness petitions, which the Senate ought to consider and promptly to act upon. This was tbe first speech in favor of constitutional liberty made in the Senate for many years. Mr. Morris had long been a leading mem ber of the democratic party of Ohio ; but this speech forfeited the con fidence of his poUtical supporters, who regarded devotion to slavery as the highest policy which the party could adopt ; while many leading men beUeved the speech of Mr. Clay excluded him from the Presidential chafr. It is certain that nearly every slave State was democratic in • character, as the term "Democracy" was then understood. WhUe ? The author, learning the character of the speech, at once addressed a note to Mr. Clay, asking in 'dnd and respectful language, -whether that gentleman intended to discard the abolitionists from his support in the coming Presidential election? The note was written under some degree of feel- ing. Mr. Clay did not send an answer in writing, but came in person to see the writer. He had been told that 1 was an active politician, wielding some influence in my State, and he assured me that he desired to obtain tlie most general support of the people, and stated that northern -Whigs had desired him to denounce the abolitionists. I assured him that the abolitionists were honest and correct in regard to slavery ; that the public conscience of the North was with them : that the only circumstance that would induce them to sustain him was his early devotion to liberty : that those doctrines lay near my own heart, and I could not conscientiously support any man -who denied tliem. Mt-. Clay replied kindly and seriously, declaring that my reasoning was sound, said that he Bhould revise his Speech before it went to press, and would modify the language, so far as he could with propriety, befor^ it appeared in print^ The writer believes that no act of his life gave Mr. Olay so much confidence in him aa this note and the conversation which followed. VEEMONT INSULTED. 129 almost the entire strength of the whig party lay in the free States. It is also certain that every effort to strengthen the Whigs in the South lost some portion of thefr moral and poUtical power in the North ; whUe aU attempts to gain influence with the friends of Uberty, excluded such statesmen from southem confidence. In .this position of parties, it was supposed to be the interest of aU mere partisans to say as Uttle as possible on the subject of oppression. And it was understood that those members who insisted upon the right of petition or the freedom of debate, or asserted the doctrine of man's inaUenable rights, could not expect the support of either the whig" or democratic organizations. The Legislature of Vermont, feeling the wrongs to which the northern States were subjected, passed resolutions instructing her Senators, and requesting her Representatives to oppose the passage of any law for the annexation of Texas to the United States, -and to use thefr influence to abolish slavery and the slave trade in the District of ColumMa, upon our southern coast, and in our Territories. Mr. Prentiss presented these resolutions to tbe Senate, and made the usual motion to print them. This respect had always been awarded to the resolves of sovereign States ; but the Senate hesitated on this occasion. Mr. Calhoun seemed unusuaUy excited 'by this manifestation of northern independence. He declared his perfect astonishment that the people of Vermont did not see that this question struck at the very foundation of the Union. Other Senators also assailed the Legislature and people of Vermont in offensive language, and Mr. Lumpkin, of Georgia, moved. to lay the motion to print on the table. This motion was sustained by 29 to 8. Messrs. Swift and Prentiss, of Vermont ; Knight and Robbins, of Rhode Island ; Davis, of Massar chusetts ; McKean, of Pennsylvania ; Morris, of Ohio, and Smith, of Indiana, constituting the negative : while Messrs. Pearce and Hubbard, of New Hampshire ; Smith, of Connecticut ; Wright, of New Tork ; Southard, of New Jersey; Buchanan, of Pennsylvania : Allen, of Ohio ; Tipton, of Indiana ; Robinson and Young, of lUinois, voted with the slaveholders ; and Messrs. Ruggles and WiUiams, of Maine ; Webster, of Massachusetts ; NUes, of Connecticut ; Tallmadge, of New Tork, and Wall, of New Jersey, neglected to vote. This was the first instance in our history that such an insult had been offered to the people of a sovereign State, and iu its perpetration ten Senators from free States participated, and sis others were too indif ferent to northern rights and northern honor, or too fearful of southern frowns, to interpose their voices in favor of freedom. As southem statesmen endeavored to suppress the right of petition, 9 130 ASSAULT UPON THE SLA-pE TRADE. the people increased the number of memorials, until they became a "bur den to the members who were willing to present them, and Mr: Adams pubUcly declared that he had six hundred in his drawer awaiting pre sentation. On the 4th of February, Hon. EU Moore, of New Tork, pre sented to the Hsuse of Representatives a memorial numerously signed by the people of the District of Columbia, asking Congress to exclude from consideration all petitions aud memorials from the people of any State praying, the abolition of slavery or the slave trade in said District. Mr. Moore made a characteristic speech, arguing that the people there had the right to continue the slave trade and slavery in tbe District without interruption by the people of the free States. Some members now began to feel the despotism to which they were subjected They were constrained to sit iu sUence and hear thefr constituents assaUed and slandered, but were not permitted to reply. ' On tbe 13th of February, the House, while in Committee of the Whole on the state of the Union, took up for consideration a biU appro- priatiag $30,000 for buUding a bridge across the eastern branch of the Potomac, within the District of Columbia. Tbe object was to benefit the .people of Washington City particularly, and those of the District generally. Mr. Giddings now moved to strike out the enacting clause of j,he bfll, and the motion being stated, he proceeded to declare his opposition to any appropriation of pubUc treasure for tbe benefit of the people of that District, so long as they maintained a commerce in tbe bodies' of thefr feUow-men. They had but a few days previously asked Congress to exclude from consideration aU petitions from the people of the free States on the subjtect of this commerce, and he declared himself unwUUng to repay such insults to his constituents by taxing them to build up a slave market. The members had recently enjoyed an opportunity to judge of the barbarism of this slave trade. While coming to the capital, they had been con^peUed to turn aside, to make room for the passage of a herd of human chattels, chained, and on their way to the slave market. A sensation now ran through the haU. The writer was then a young- member, having served scarcely sixty days, and was not expected to assail the action of a majority. Mr. Rives, of Virginia, caUed him to order. Mr. Giddings stated that he was merely assigning his reasons for the motion which he had made. The chairman, Mr. Rencher, of North CaroUna, a slaveholder, decided that he was in order ; and he proceeded to say that while the people of EXOITEMENT IN THE HOUSE OF EEPEE8ENTATIVES. 131 the free States were thus insulted, they would not forget thefr own self- respect so far as ' to approve the appropriation now proposed. At this point, he was again called to order, and again the chairman decided that he was iu order ; aud he. continued saying that all northern mem bers were wiUing and anxious to beautify aud adorn the city, to estab lish, schools, and sueh a system of education as- would render it Worthy of a free nation, when Mr WilUams, of Tennessee, called hini to order ; but the chairman again decided that he was in order. Tbe excitement had now increased, and great disorder was manifested in various parts of the haU, and before order was so far restored as to enable hun to proceed, Mr. Howard, of Maryland, interposed a ques-" tion. Tbe chairman required him to reduce his question to writing. Mr.' Howard insisted that the rales of the House did not require him to do so. The chafrman decided that they did requfre it. Mr. Howard appealed. In arguing the appeal, Mr, Glasscock, of Georgia, insisted that if such arguments as tbe writer had used were permitted, the Union would be dissolved. To which Mr. Giddings repUed that the inference to be drawn from such threats, was that the Union was based upon the slave t¥ade. To which Mr. Glasscock rejoined in an undertone, and in language more vulgar than statesmanlike, saying, "you are a d — d liar." The excitement increased. Mr. Adams and Mr. Slade came to the assistance of Mr. Giddings ; but the chairman appeared to be alarmed, and at length decided that Mr. Giddings was out of order, and he was compelled to resume his seat. But tbe motion to strUie out the enacting clause of tbe bUl was carried, and the biU was defeated. The success of the motion consti tuted a rebuke to the slavedealers, and created much feeling through out the city. In the papers of the next day the author was assailed, aud one writer declared that the vote defeatmg the bUl had depreciated the price of real estate in the city. Mr. Putnam, of New Tork, replied to these attacks through the papers, and there the subject rested. - As the cession drew to a close, Mr. CambrelUng, of N^w Tork, moved a resolution, authorizing each member to lay such petitions as he had iu his possession on the table, and makmg it the duty of the Clerk -to file and deposit them in thefr appropriate place in his office. This proposition was adopted. On the 25t-h February, Mr. Adams asked a suspension of the rules, for the purpose of laying before the members a proposition so to amend 132 AMENDMilNT OF CONSTITUTION PEOPdSED. the Constitution of the United States, as to abolish slavery in aU the States after the 4th July, a.d. 1842, and providing there shall be neither slavery nor involuntary servitude in the District of Columbia after the 4th July, 1 845. He stated that this proposition was based upon the petition of John Jay and forty-three other citizens of New York. But the House refused to suspend the rules, and the motion was not received. LEADING CHAEACTEEISTIC OF T'WENTT-SIXTH CONGEESS. 133 CHAPTER VIII. FURTHER EFFORTS TO INVOLVE THE BRITISH GOVERNMENT IN THE SUPPORT OF THE SLAVE TRADE — THE NATURAL RIGHT OF AFRICANS TO LIFE AND LIBERTY SUSTAINED BT THE JUDICIAL BRANCH OF GOVERNMENT THE SECOND SEMINOLE WAR. The leading characteristic of the twenty-sixth Congress was an „^g entire devotion to poUtical parties. Every member was supposed to belong to one or the other of the two poUtical organizations, for which he was expected to labor, and argue, and vote. No individual was authorized by them to avow any doctrine or poUtical principle until it had been examined aud approved in caucus. The democratic partj were in power in aU branches of the Government, and had long been in power. AU bills were at that time suggested by the Executive or sub mitted to the heads of departments for approval prior to being placed before either branch of Congress, and nearly every measure was supposed to contain some provision favorable to the party iu power. The ruUng spirits of both parties were slaveholders. Mr. Clay was the favorite of the Whigs. Mr. Webster was also held in high respect, though it was impossible for any man who submitted so quietly to the dictation of slavery as Mr. Webster, to command that influence which was necessary to constitute a successful politician. Mr. Calhoun was the object of poUtical idolatry in South Carolina, and wielded more influence than any other statesman of the nation ; but his doctrines in regard to " secession," or as they were usually caUed, " nulUfication," had brought hun in conflict with General Jackson, and thereby ruined his prospects for the presidency. Tet he appeared to cherish the hope of reaching that high office at some time ui the future. On the subject of slavery and every collateral question connected with tlfit institution, the entire South acted as a unit, whUe on other subjects they were divided. The northern members of both parties felt eutfrely dependent upon their southern friends, who dictated all movements of their respective organizations. Mr. Adams had attamed a position which forbade him to look to any party as a guide to his conduct. Mr. Slade, of Vermont, was a Whig, had held office in the State Department under Mr. Clay durmg the ad- mitistration of Mr. Adams, was an ardent supporter of his party, but 134: MEMBEES OPPOSED TO BLAVEET. entertained a sense of justice, a love of liberty altogether too strong to obey the dictation of slaveholders. He acted with Mr. Adams gene rally on the subject of slavery. The author of this work had served only one session, and at the time of which we are speaking, was regarded as a Whig of somewhat doubt ful character, in consequence of the motion relative to the slave trade which he made at the last session and his remarks thereon. Another member now entered Congress as an acknowledged and avowed supporter of human rights. Hon. Seth M. Gates, of Geuesoe County, New Tork, was a lawyer of fair reputation, of high moral character, an active, industrious supporter of what he believed right. He was a most devoted Christian and phUanthropist, never faltering in what he regarded the performance of duty. These four members stood aloof from political parties whenever subjects involving moral principle were agitated or the rights of humanity were in issue. Many jiorthern Whigs sympathized with them, but the writer is not aware that any other member was wiUing to vote against his party on any question touching slavery. The author was perhaps as strongly opposed to slavery as either of the gentlemen referred to, and felt as deeply humUiated by the despotism to which members of Congress were subjected, but as yet he had formed in his own mind no definite course of action for himself further than a general opposition to slavery. There were also in the conntiiy many abolition societies. They urged the abolition of slavery iu general terms, but pro]josed no definite plan of operations. jggg , This was the state of the slave question at the opening of the twenty-sixth Congress, which was distinguished first by the great contest in regard to the delegation from New Jersey ; and secondly, it inaugurated a systematic and determined energy in the presidential can vass which had never been known before. These measures so absorbed the public mind that Uttle attention was paid-" to the subject of slavery. Soon as the committees of the House were announced, however, Mr. Wise moved a resolution declaring that whenever any petition, resolution, or paper should be presented touching the abolition of slavery, or the slave trade in the District of Columbia, or in the Territories ef the United ¦States, the question of reception shaU be made, and that question laid on the table. Mr. Wise was a Whig, and was evidently anxious to relieve northern Whigs from the charge of complicity with abolitionists. Mr. Adams opposed the measure, and most of the northern Whigs voted against it. It Was subjected to some little modification, but after DBTEEIOEATION OF PUBLIC M0EAL8. 135 much resistance and many propositions to amend, was adopted by the House. The general historian -wUl find much to interest the reader in the pro ceedings of tbe twenty-sixth Congress. At no period of our Govern ment, has the morality of our pubUc men sunk so low-, or frauds and pec ulations appeared so common : indeed, the doctrine introduced in the Senate in 1811, by Mr. Smith, of South CaroUna, "that governments are not bound by- moral law," had been pubUcly maintained by Mr. Cal houn, and supported by every adherent of slavery, and its results were now manifested in its practical operations in aU departments of the Government. Leading Democrats, in order to gain poUtical power, charged the Whigs with favoring abolitionists ; insisting that the only aboUtionists who were members of Congress were also Whigs ; and resolutions, votes^ and proceedings of democratic meetings held in various parts of the country were read as evidence that the whig party favored the doctrines of freedom. To counteract these efforts, Mr. Clay, in a pubUc speech deUvered iu the Senate, avowed his satisfaction that certain pro-slavery publications had been put forth exposing the fallacy of abolition, and he named " A Reriew of Dr. Channing's Opinion of Slavery," "Abolition a Sedition," "Thoughts on Domestic Slavery ;" all of them he regarded as able works, and commended them to pubUc favor. Mr. Calhoun again complimented Mr. Clay and congratulated the country upon the prospect that quiet in regard to slavery would soon be restored to the country. • But thereupon, another debate arose? as to the best mode of deceiving petitioners in regard to memorals. Mr. Buchanan stUl insisting that the better plan would be to present the petitions, and then move that the prayer he not granted ; but no member proposed to refer the petitions and grant the prayer, or state the reasons why it ought not to be granted, in the language of kindness and respect. The Florida war was , yet in progress. It was found very difficult to capture the negroes, aud as that object constituted the main stimulus for its prosecution, those most deeply interested suggested tbe propriety of sending to Cuba for bloodhounds trauied to the business of hunting slaves. The Executive appeared to hesitate as to adopting so barbarous a mode of warfare, even towards Africans. But while the Executive hesi tated, the Legislature of Florida made au appropriation, sent au agent to Cuba, obtained some thfrty bloodhounds, with Spaniards to attend and train them. When the animals were obtained, the United States idb BLOODHOUNDS USED TO CAPTUEE NEGEOES. authorities took charge of them, and the funds of the nation were appro priated to defray the expense, and the troops of tbe United States were now called to act upon the field in company with piratical Spaniards, professed negro-catchers, and bloodhounds. The WJiigs, learning these facts, now charged the Administration and democratic party with the odium of this barbarous outrage upon the civUization of tbe age. n Petitions were also sent to the Senate protesting against the use of ¦bloodhounds for the murder of innocent people. These assaults were keenly felt by slaveholding Senators, who declared the Administration was entirely unconnected with tbe transaction and in no degree respon sible for it. Tbe petitions were referred to the Committee on MUitary Affairs, of which Col. Benton was chairman. He caUed on Mr. Poinsett, Secretary of War, for information. That officer was from South CaroUna, a slaveholder, and accustomed to speaking boldly on all subjects touching slavery. He admitted the employment of the bloodhounds by the United States, and attempted to justify tbe policy. Tbe subject attracted atten- - tion in the House of Representatives, and was noticed very generaUy by the public press. On all hands the Whigs assaUed the democratic party with having employed bloodhounds to prosecute the Florida war. But while Mr. Calhoun and the democratic party and south ern Whigs had long deprecated all agitation of the subject of slavery in either House of Congress, it was now found important to obtain further positive adtion in favor of the coastwise slave trade. Having directed the energies of our own -Government to the support of slavery, Mr. Calhoun now put forth an attempt to constrain the British Ministry to acknowledge that worse than infidel dogma, that human beings may by legislative enactment be transformed into property. The occasion of this effort arose as follows : In the year 1835, the domestic slave trade having become profitable, a few individuals in the City of Washington, desfrous of sharing in the profits arising from that commerce, buUt a ship for the purpose of em ploying it in the transportation of slaves "from the Disirid of Columbia to New Orleans and other ports far south." The ship was called the " Enterprise," and .cleared from the port of Alexandria on the 22d January, 1835, for the port of Charleston, with a cargo of slaves coUected principally in the District of Columbia, and it being her first trip her owners went with her, in order to inform them selves more particularly in regard to the vocation on which they had entered. Encountering severe storms, the ship was driven out of her course, and DEMAND FOE SHIP-WEEOEIED SLAVES. 137 haring suffered severely iu her rigging, put into Port HamUton, Bermu da, for repairs. For a century it had been regarded as the settled law of nations that the jurisdiction of every independent government was co-extensive with its own territory, reaching a marine league into the sea. If a ship came into the port of another nation, she was boarded by the health officer of the port long before reaching shore ; Ucensed pUots and revenue officers entered on board ; they called for bUls of health, manifests and informa tion as to her cargo and the health of her people, and the persons on board were amenable to the local laws. Such was the case with the slaves on board the " Enterprise " when th% entered Port Hamilton. They were no longer subjected to the American law of slavery, but were under the protection of British laws, they therefore went on shore in pursuit of their own happiness. Tbe captain demanded of the local authorities assistance to hold them in bondage ; but British laws recognizing no distinction between masters and slaves, disregarded the captain's demand, and the slave merchants, disappointed at the loss of thefr human chattels, returned to Washington City, indignant that the laws of England should have thus interfered with thefr anticipated speculations in human flesh. They laid their complaints before General Jackson, at that time Presi dent of the United States. He at once espoused their cause, and through the Secretary of State demanded of the British Government a compensation for the loss. To this demand the British minister repUed : That by the law of nations, the ship on entering Port HamUton became subject to British laws. That there were three parties io the transadion. 1,\ The slave- dealers ; 2, Tbe British authorities ; and 3, The slaves, who demanded their Uberty. There was in that port no law of slavery, and no British ofiicer could recognize the right of one man to hold another as property. . This argument of the British Ministry was based upon the prmciple that tbe slave trade was barbarous, and not to be encouraged by Chris tian nations. This reflection was felt more keenly for. its truth; and the assertion that men could not hold men- as property seemed to charac terize slavery as an acknowledged despotism. It was, however, a reas- sertion of the doctrine on which our Government had been founded ; for the overthrow of which the advocates of human bondage had labored long and ardently. , Stung by the reflection thus cast upon the institution, Mr. Calhoun presented to the Senate three propositions, as he said, declaratory of the law of nations. 138 The first asserted that, " a ship or vessel on the high seas in time of ¦peace, engaged in a lawful voyage, is by the law of nations under the exclusive jurisdiction of the state to which her fiag belongs." The second declared that, " should such a ship be forced by stress of weather, or other unavoidable accident, into a friendly port, she would lose none of the rights pertaining to her on the high seas. On the con trary, she and her cargo and the persons on board, with their property, and aU the rights belongmg to thefr personal relations as established by the laws of the state to which they belong, would be under the protec tion which the law of nation extends to the unfortunate under such cfrcumstances.'' The third asserted, " that the brig ' Enterprise,' which was unavoid ably forced by stress of weather into Port Hamilton, Bermuda, while on a lawful voyage on tbe high seas, from one port of the. United States to another, comes within the principles of the foregoing resolution, and that the seizure and detention of the negroes by the local authorities of that island was an act in violation of the laws of nations, and highly unjust to our citizens to whom they belonged." 1840 '^^^^ advocates of human bondage seldom mentioned the word ".slave,'' or "slave trade." Neither was used in these resolu tions ; but Mr. Calhoun and other Senators assumed that a ship engaged in the coastwise slave trade was -pursuing a lawful voyage : that she car ried with her the laws of the state from whence she sailed while upon the high seas, and when constrained through stress of weather to enter a friendly port, she carried those laws with her, and whUe in such port the master enjoyed all the rights of buying and selling, of chastising, aud in case of resistance, of slaying 4jis slaves, however repugnant those acts may be to the lS,ws or the government into whose jurisdiction the ship may have entered. These propositions were sustained by Messrs. Calhoun, Grundy, of Tennessee, and King, of Alabama. They were then referred to the Committee on Foreign Affafrs ; and after a few days, reported back to the Senateby Mr. Buchanan. They were again advocated by Mr. Calhoun,- Mr. Clay and Mr. Ben ton, and opposed by Mr. Porter, of Michigan. This gentleman had but just taken his seat in the Senate, was a lawyer by profession, a man of high moral character, but possessing no distinction as a statesman. He had not even looked into this particular subject untiHt was presented, and the resolutions were supported by the most distinguished Senators of the nation. He now looked around him, and saw that Webster, and Davis, and Wright were sUent. Obeyfrig the dictates of his own judgment and ATTEMPT TO CHANGE THE LAW OF NATIONS. 139 conscience, he heroically met the overwhelming uifluence arrayed against him, and showed the most cogent reasons for rejecting the resolutions, by exhibiting the absurdity of an attempt to change the law of nations by senatorial resolutions ; and the yest greater absurdity of the attempt to induce the British Government to acknowledge the laws, of slavery and of the slave trade to exist and be in force within her ports. Mr. Porter concluded his remarks by moving to lay the resolutions of Mr. Calhoun on the table, and boldly demanded the yeas and nays on the question. And on the roU being called he alone voted in favor of his motion : while every Senator from . the slave States and Messrs. AUen and Tappan, of Ohio ; Buchanan and Sturgeon, of Pennsylvania ; Dixon, of Rhode Island ; Hubbard and Pierce, of New Hampshire ; Robuisou and Toung, of lUinois ; WUUams, of Maine, and his coUeague, NorveU, voted with the slaveholders : and Messrs. Webster and Davis, of Massachusetts ; Southard and WaU, of New Jersey ; Wright and TaUmadge, of New Tork ; Ruggles, of Maine ; Smith and White, of Indiana, and Knight, of Rhode Island, declined voting, apparently un wiUing to take position either in favor or against the resolutions. The Senate was divided as foUows : for the resolutions, 33 ; against them, 1. Neither for nor against them, 10- ; one vacancy and five absent. Tbe resolutions were theu adopted by 33 yeas. None voting in the negative. The adoption of these resolutions constituted the first attempt to con strain foreign governments to acknowledge the supremacy of slavery. Another effort was made durnig the twenty-sixth Congress to render our free States more entfrely subsidiary to the institution. In May, 1831, the captam of the ship " Boston" of Maine, from Georgia, homeward bound, after being some thfrty hours at sea, found a colored man on board, who being landed in Maine, continued his journey to Canada, where under British laws he became free. These facts being known, the Governor of £reorgia demanded the captain as a fugitive from justice, charged with " stealing a slave." No such crime being known to the laws of Maine, the Govemor of that State refused to surrender, him. Tbe Governor of Georgia, apparently indignant at the people of Maine for treating slaves as persons, and not subjects of larceny, transmitted a message to the Legislature of his State setting forth the facts stated. Tbe Legislature adopted strong resolutions caUing on Congress to amend the law m regard to fugitives from justice so as to require the surrender of persons charged with stealing slaves. Mr. Lumpkin, of Georgia, presented these resolutions and sustained 140 EESOLUTIONS TOUCHING BLOODHOUNDS. them by an elaborate argument, as did his colleague, Mr. Cuthbert, and the resolutions were sent to the Committee on the Judiciary, where they were buried ui silence, the committee deeming it improper to agitate that question in the then excited state of the pubUc mind. While these efforts of the slaveholders were being put forth in the Senate, Mr. Rhett, of South Carolina, presented to the House of Repre- ,sentatives resolutions instructing the Committee ou Foreign Affafrs to inqufre into the circumstances under which the slaves on board the brig " Enterprise " were taken from thefr masters in Port HamUton, Bermuda ? The resolution was laid on the table and never called up for con sideration.jg^. The freedom of debate in the House of Representatives at the period of which we are writing, was entfrely suppressed on tbe subject of slaveiy, and members often resorted to the practice of embody ing the substance of what they wished to say in resolutions which they presented to the House; On tbe 9th March, Mr. Adams introduced a resolve of that charac ter, as foUows : " Resolved, That the Secretary of War be directed to report to this House the natural, political, and martial history of the bloodhounds;' showing the pecuUar fitness of that class of warriors to be the associates of the gaUant army of the United States ; showing the nice discrimina tion of his scent between the blood of tbe freeman and the slave, be tween the blood of the armed warrior and that of women or chUdren ; between the blood of the black and the white ; between the blood of the savage Seminole and the Anglo pious Christian. Also the number of bloodhounds, and thefr conductors, imported by this Government, or by the authorities of Florida from the island of Cuba, and the costs of importation ? Also whether a further importation of the same heroic race into the State of Maine to await the contingency of a threatened northeastern boundary question, is contemplated ? Or, only to set an example to be foUowed by our possible adversalry in the event of a con. flict, whether measures have been taken to secure exclusively to our selves tbe employment of this auxUiary force ? and whether he deems it expedient to extend to the bloodhoimds and thefr posterity the bene fits of the pension laws." But as the resolution gave rise to debate, it was laid on the table. I will be remembered that in a former chapter we spoke of the employ ment of these bloodhounds, and refer to tbe subject only to give place to the resolution just cited, as one of the passing incidents which marked the proceedings of Congress. CULMINATING POmT OF SLAVEET. 141 The oligarchs of our southern States were much annoyed by the flight of their bondmen to the Canadas, where they were welcomed and soon became useful subjects of the British crown. When they once reached the jurisdiction of British laws they regarded themselves safe from the master's scourge. To remedy this practice, Hon. Garret Davis, of Kentucky, proposed, by resolutions, to call on the Executive to open negotiations with the British Govemment, and if possible obtain a treaty by which fugitive slaves should be surrendered, or tbe value of the slave paid to the master by the government of England ; but the proposition was not sustained by the House.* The student of our poUtical history wiU in future regard the despotism of slavery as havmg reached its culminating point during this first session of the twenty-sixth. Congress. Northern submission then descended to its lowest depths ; from that time resistance to the slave power became stronger and more frequent. And although for a whUe tbe struggle appeared unequal, the grasp of southern poUticians upon political power began gradually to relax in proportion as tbe advocates of Uberty in creased in numbers and infiuence. The presidential campaign of 1840 contributed greatly to awaken the public mind to the corruptions of the democratic party, and of the slave power which controlled its operations. Oppression can only thrive in quietude, and quietude under oppression can only be cultivated in the sterile soil of ignorance. With the exception of four years, the demo cratic party had been iu power for a quarter of a century ; during that time it had become despotic, corruption keeping pace with despotism ; and now, for tbe first time iu the history of the nation, the people were directly and personally addressed and invoked to arouse and hurl from office a party denounced as unworthy of public confidence. The Whigs laid down no essential principle, no fundamental doctrine on which they rallied ; they- took no distinct issue with the democratic party except on some minor points of poUcy; but the canvass was conducted through out by contmued exhibitions of the frauds, peculations, corruptions, des potisms, and unworthiness of the democratic candidates. Southern Whigs denounced them as favoring aboUtion, northern Whigs arraigned them as the mere instruments for carrying out the despotism of slavery ; showed that they had stricken down the right of petition, had sUenced the freedom of debate, maintained the slave trade in the District of Columbia and on our southern coast, and done many other things destructive of liberty and free government. They flooded the country with Congres- * Twenty-two years afterwards Mr. Davis was a member of the Senate, from Kentuci^y, and con. tinned to utter Ilia preference for slavery without any apparent change of opinion. 142 ELECTION OP PEESIDENT HAEEISON. sional speeches, reports of committees, aud official documents. Political orators travelled every State and nearly every county and town, address ing public meetings, and calling on the people to come forth in the true spuit of our institutions, and by thefr votes save the Government and country from that sure destruction which must in time await it, if exist ing evUs were not corrected. jg^, Mr. Van Buren was the democratic candidate ; he was an able man, and had labored to correct and reform his party ; but unfortunately for himself, was controlled by southem poUticians, who were far less discreet. General Harrispn, the whig candidate, was a citizen of Ohio. He had distinguished himself in the war of 1812, aud had, Uke the sons of the " first famiUes of Virginia," held office from his youth. He was not only a son of the Old Dominion, but had been reared a slaveholder, and his whole life had been acceptable to the slave power. Some of the more active anti-slavery men of the country would uot sup port either Mr. Van Buren or General Harrison ; bnt nominated Hon, James G. Birney, a citizen of Kentucky, a lawyer of high moral character, who, having been caUed to investigate the question of "property in slaves," became impressed with tbe absurdity of the dogma, as well as of the institu tion itself. He emancipated his own bondmen, and avowed his hostUity to the institution. He was sustained by " The PhUanthropist," a news paper published at Cincinnati, Ohio, ably conducted by " GamaUel BaUey, Esq.," who for twenty years had been a devoted advocate of Uberty. The vote for Mr. Birney was small, but the mere fact that a man bred a slaveholder had become an anti-slavery candidate for President, was looked upon by southern statesmen as a portentous omen. General Harrison was elected by a triumphant vote, and the prestige of the democratic party was somewhat impaired, and the manifestation of discontent under slaveholding despotism created uneasiness among southern politicians, while it strengthened and confirmed northem men iu their hatred of oppression. The whig members of Congress had professed disgust at the gag-mles nnder which they were constrained to sit, and the whig press of the country had condemned the suppression of debate as weU as prohibiting the right of petition ; and no one appeared to doubt that on coming mto power that party would restore those natural and constitutional prerogatives of the people. ^ , A new state of things existed at the meeting of the twenty- sixth CongTess for the purpose of holding its last session. The CASE OF THE "AMISTAD." 143 Democrats were going out of power, and the responsibilities of the Government were soon to be assumed by the whig party. The ques tion of slavery had not been an issue between the Whigs and Demo crats, and no one expected the President elect would cast his infiuence against slavery, further than to favor the right of petition and the free dom of debate : on othen points the Whigs hoped much and the Democrats feared much from the influence of the incoming Executive ; yet tbe Whigs merely demanded that he should "favor a high tariff, a national bank, and tbe distribution of the proceeds of the pubUc lands. But during tbe early part of the session, Uttle was said on party ques tions, which by common consent were pretermitted to a more conve nient season. On the first day of the session Mr. Adams gave notice of his intention to move a repeal of tbe " gag resolution," as it was caUed, which now constituted the 21st rule of ihe House. The Legislature of South CaroUna having adopted a long report' and resolutions expressing their approval of Mr. Van Buren's administra tion, and lauding him for his devotion to southern interests, and denonnc- Lag the election of General Harrison as having been obtained by disre putable aTid unworthy appeals to ihe people, transmitted them to Senator Preston, of that State, who presented them to the Senate. But no Senator took exception to this supercUious reproof of those northern States whose people had voted without respect to the wishes of South Carolina. An incident now occurred well calculated to confirm mankind in the phUosophy, that the will of the Creator is manifested in tbe laws which goverii tbe moral and physical universe, giving to all men imprescript ible rights to Uve and to that Uberty which shall enable them to support Ufe, obtain knowledge and enjoy happiness. Indeed, history, observa tion and experience show that a love of life and liberty inspires every human soul to effort : "hence, every man or government that seeks to enslave or murder innocent men or women, riolates this " law of nature and of nature's God," and makes war upon the wUl of Omnipotence. In June, 1839, a Cuban slave ship landed her cargo of human beings at Havana ; the negroes were imprisoned in the barracoons of that city a short time, when forty-nine of them were purchased by I. Ruiz, a slavedealer, and three others by P. Montez. A pass for these fifty-two persons was obtained from the Govemor by paying him the usual fee, which constitutes a portion of his official perquisites for permitting the foreign slave trade to be carried on in that island. This pass was merely a Ucense to Moutez and Ruiz to transport certain Ladinos (or 144 QUESTION OF PEOPEETY IN MEN. accUmated slaves), naming them, from Havana to Principe, on the south of the island. , The slaves were shipped on board the schooner"' Amistad" about the 1st of July, and on the same day she saUed for her port of destination. Tbe crew consisted of tbe captain, mate, and three sailors ; three pas. sengers were also on board besides Montez and Ruiz and thefr slaves. When four days out, and while saUing along the coast, the Africans by preconcert suddenly rose upon thefr oppressors, slew tbe captain and cook, and wounded two of the crew. The others surrendered, and the slaves took possession of the ship, and in one half hour tbe " status" of these parties was reversed. The Africans held their masters in subjec tion, and the haughty slavedealer now meekly bowed to that class of beings -whom but a few moments preriously he had called his "property." But these Pagans were too sensitive to the dictates of natural justice to hold their Christian victims in bondage. They immediately sent the fcrew and passengers on shore in the boat, but retained Ruiz and Mon tez, directing them by signs to guide the ship to Africa, thefr native land, from which slaveholding cupidity had torn them. But the Spaniards, taking advantage of tbe foggy weather, and of the darkness of night, headed the ship northwardly, and at length came to anchor near the east end of Long Island, on the coast of Connecticut. Lieutenant Gedney, of the schooner " Washington," engaged on the coast survey, took possession of the "Amistad" and cargo, clakning salvage on both property and negroes, whom he believed to constitute "property:" while he permitted Montez and Ruiz, the only criminals engaged in the transaction, to go at Uberty. But the moral sense of the community would have consigned them to the gaUows, and set the slaves at Uberty. The whole transaction was pubUshed in the papers, and created much interest. People of the free States now saw the slave trade brought home to the shores of New England. Its crudes and its horrors were unveiled to the public view, while the native love of liberty had been man ifested in the heroism with which these barbarians obtained possession of the ship. The Spanish minister, in the name of his government, demanded that these heroic Africans should be sent back to Cuba and deUvered up to the authorities of that island to be punished for regaining thefr freedom, which by the people of our free States was regarded as a " heroie virtue." But, to the extreme mortification of northem people, the President favored the claims of the slavedealers ; aud instead of setting the THE PKEBIDENT'S BAEBAEOUS INTENTION. 145 negroes free, they were seized and imprisoned under authority of the United States at the instance of the Spanish minister ; while Montez and Ruiz claimed them as thdr properiy. The United States district attorney appeared on behalf of Montez and Ruiz as well as of the Spanish mmister. The proceedings were had before the United, States district court for the State of Connecticut. In the meantime the phil anthropists of New England were not idle spectators of these incidents. They engaged eminent counsel to appear on behalf of the negroes, and maintain their natural and legal rights to freedom. Southem statesmen were nervously excited. All trials for violations of the law prohibiting the slave trade had been previously intrusted to southern courts, and no person had been convicted. Indeed, such was the sympathy of the people of the slave States for slavedealers that no conriction for the crime of slavedealmg could be obtained before a slave holdmg court and a slaveholding jury. But a trial for that crime among . the freemen of Connecticut was looked to -with fear and trembling by southern men. There every man felt that no slave could tread the soU- of a State whose people had exhibited such au undying love of liberty : yet it was known that the President and all southern statesmen were anxious that the court should in some manner obtain a conviction of those friendless Africans ; and most northern poUticians were timid and faultering. » WhUe the trial was progressing, the President sent an armed vessel to New Haven with orders to carry those Africans to Cuba soon as they might be delivered to the captain on board ; and at the same tune he sent secret dfrections to the attorney and marshal of the district to hurry the prisoners ou board the ship as rapidly as possible after the judge should decide against them, without permitting their counsel or friends to take an a;ppeal. In the meantime, Mr. Adams, watchful and vigUant, introduced reso lutions in the House of Representatives, caUing on the President to com municate to Congress the process or authority on which these persons, charged with no crime, were held in prison. This calUng iu question the authority by which the Africans were unprisoned, appeared to alarm the advocates of slavery; and the demo cratic party rejected the proposition ; but whUe the court and councU * were publicly arguing and examining the question whether these heathens had received from the Creator the right to Ufe and Uberty, the House of Representatives was engaged in the same investigation, and tbe news papers were spreading the facts before the people. Some pubUc men went farther, and asserting the weU known and 10 146 ME. ADAMS VOLUNTEERS AS COUNSEL. acknowledged principle that slavery and slavedealing constitutes a per petual war between tbe enslaver and the enslaved, they vindicated the right of these Africans not only to rise and slay their captors whenever they had the power to do so ; but to hold those who surrendered, as prisoners, and the ship and cargo as thdr lawful prize : and that our Government had no right to interfere between the Africans and Montez and Ruiz, who were legal prisoners, nor 'to take from the Afri cans the ship or cargo, which were thefr " legal prize." These questions greatly annoyed the advocates of slavery, and the democratic party, on whom the slave interest reUed for support. After a long and patient investigation, the court pronounced judgment in ifavor of the prisoners, notwithstanding the influence arrayed against them: Holding that by the laws of God and man these people had the right to Uve, and to that liberty which would enable them to cherish and protect life. - The libellants were therefore constrained to permit the prisoners to be set ai Jiherty, or appeal to the Supreme Court. They chose to appeal, and the case stood for hearing before that august tribunal. Mr. Adams had been educated for the bar, and -for some years had practised both in State and United States courts ; but more than thfrty years previously, he had retired from professional duties, devoting his whole time to tbe public service. He bad taken a deep interest in this case, which had been |veU and ably argued before the district court by Governor Baldwin, of Connecticut : but when the appeal was entered, and the case was Ukely to come before tbe Supreme Court, it assumed a poUtical as weU as legal character. Marshall, who had so long presided in that tribunal, had departed ; and a majority of the judges were at that time comparatively inexperienced members of the democratic party they were also slaveholders, and sympathized with those who were endeavoring to sustain the institution. The public men of the free States had confidence in Story and Thomp son and M'Lean ; but Baldwin, though from a free State, had lono- been among the ablest and firmest supporters of slavery; and tbe other five were from tbe slave States, reared and educated in the love of oppression. Under these circumstances, there was a strong desfre among the phUan thropists to have Mr. Adams appear as counsel for the Africans not so »much to argue the legal questions which arose in the case, as to avaU themselves of his moral influence before the court and nation. And now, after the distinguished statesman had been more than a generation absent from the court, he reappeared as counsel for these ignorant barbarians, who could not speak om* language, and with whom he could not converse, except through an interpreter. THE AFKICANS SET AT LIBEETT. 147 The trial constituted a scene deeply interesting. The Legislative branch of Government had become entirely subservient to the slave power : the Executive had not only exhibited a desire to send these Africans back to a worse than heathen bondage ; but he had manifested an anxiety to do so without even permittmg them to be heard before the court of dernier resort. The question was One which struck at the very existence of slavery : Were these degraded, ignorant, superstitious heathen entitled to Ufe and liberty ? Had the Creator endowed them with these prerogatives ? These questions constituted the momentous issue to be tried : the Court, clad in judicial robes, the distinguished Attorney-General, and numerous members of the bar, Governor Baldwin acting as prisoners' counsel for the Africans, associated with Mr. Adams, who had long since left the Presidential chair, with the honors and blessings of a nation ; the vast audience, the solemn bearing and dignity' of the court and officers, aU conspired to render the proceeding one of high moral subUmity. During the whole argument there was perfect silence ; but when Mr. Adams, in his peroration, spoke of mankind as a race endowed with inteUigence and hopes of unmortaUty, and then referred to the slave trade and the slavedealer, painted his revolting crimes, and spoke of Ruiz, when entering the. "dark valley," and earth receding from his view, " when this sin should sit heavy on his soul," the feelings of the audience nor of the court could be disguised. Tbe judges, after due consideration, delivered their opinion, declaring in substance that these people were born free, and had never been legally held as slaves. That in rising upon the captain and crew, and taking possession of tbe ship, they committed no crime, riolated no law, and were amenable to no punishment. The triumph was complete, so fai: as the Africans were concemed. They were Uberated and sent back to their native land at the pubUc expense : yet the court faUed to meet the great pomt which constituted the real issue. They contented themselves with saying that these men were not legally enslaved ; but did not say that the natural right to Uberty was inalienaible ; that no human being could be legally enslaved : that any human enactment authorizing one man to enslave another must be void: that all enactments, agreements, covenants, oaths or obligations professing to authorize or encourage the commission of crime, are not only void, but the parties become accessory to the crimes committed under such agreements, covenants or enactments. The court were not probably unmindful that these principles were recognized in private Ufe, were confirmed by daUy discussions in almost every municipal court ; 148 CONSULTATION OF ANTI-SLATEET MEMBEES. but the doctrine that governments were bound by them, had long been denied by both Houses of Congress and by the Executive ; and the conrt appeared unwilling to come in conflict with those departments . npon a question so vital to the institution of slavery. The author of this work was now anxious to put forth some weU defined Constitutional principle, on which aU supporters of Uberty could unite in a distinct political organization. Mr. Adams was cautious : indeed he was unwUUng to enter into any combination ¦ that shoidd have the appearance of a poUtical party. Mr. Slade fully agreed with Mr. Adams, while Mr. Gates favored tbe proposition of the writer. These four members held frequent consultations, in order to devise some plan by which to regain the freedom of debate aud the right of : petition. At one of these consultations the author proposed to bring the sub ject of slavery collaterally into debate, while other matters constituted the main subject of discussion. Mr. Adams, not apparently understand ing the precise mode indicated, took occasion to urge the writer to try the experiment, saying, that as he had bestowed thought upon his plan, had been in the practice of law for many years, and would be better able to make the experiment than any other member who had not reflected maturely on the subject. To this proposition -the author assented, and immediately commenced preparing for the experiment. jg^j , On the 8th February, Mr. Thompson, of South CaroUna, under leave presented a biU appropriating for the prosecution of tbe Florida war, one hundred thousand doUars, to be expended under fcection of the Secretary of War, for the benefit of the Seminole chiefs and warriors who should surrender, for the purpose of emigrating west. It was in fact intended to bribe certain chiefs to go west in order to in duce others to follow. The bUl came up " in committee of the whole House on the state of the Union." This committee is known to no other legislative body. It was adopted during the Revolution, and all facts and arguments rdating to the Union are strictly within the order of deba'te, thus giving tbe Speaker great latitude of remark. When the bUl had been taken up, Mr. Thompson spoke iu favor of its The -vmter next obtained the floor and at once declared his inten tion to develop the cause of the war, and the objects of its contmuance. He quoted the authority of Mr. Thompson, the Indian Agent, to show FEEEDOM OF SPEECH ASSEETED. 149 that the Seminoles refused to emigrate west lest the negroes, who' had so long resided with them, should be seized and enslaved by the Creeks. That the object of constraining the Seminoles to emigrate was to enslave these people ; that to effect this pfratical object the nation had been plunged into war, and the blood and treasure of the people " were being sacrificed for the enslavement of free negroes. Mr. Warren, of Georgia, called hun to order, and the question was debated, and the chafrman, Mr. CUfford, of Maine, a Democrat, declared the remarks to be strictly in order,* and requested the speaker to- proceed. This gave him confidence, particularly as Mr. Adams rose from his seat, and walking into the area in front of the Clerk's desk, with apparent solicitude watched every movement of the advocates of slavery, who bad by this time gathered around the speaker. The author proceeded to read documents sustaining his position ; but was soon called to order by Mr. Habersham, of Georgia, for irrelevancy ; but the chairman decided the remarks to be in order. Mr. Giddings explained that he had no intention of discussing the institution of slavery ; he did not expect to examine its merits or de merits, not even to pronounce it wrong or right ; he only intended to show that it constituted the cause of the Florida war, while neither Congress nor the Federal Government held any authority under the Con stitution to involve the people of the nation in a bloody war to support the institution. He then read reports of the Indian Agent to show that persons resid ing with the Seminoles, though born free, had been seized aud enslaved by desperate men from Columbus, Georgia; that a man named Douglass, who kept a gang of bloodhounds, attended by others, had invaded the Indian plantations, seized whole famiUes of free colored persons and carried them to Georgia and sold them as slaves. This course of debate appeared to arouse much southern feeling. Messrs. Cooper and Black, of Georgia, and CampbeU, of South Carolina, at different times caUed " to order ;" but tbe chairman overruled their objections, and after some three hours mostly consumed by interruptions and incidental debate thereon, Mr. Giddings concluded his remarks. Tbe only merit of the speech consisted in bringing out facts with which the public were not acquainted ; but which showed conclusively * During the entire debate Mr. Clifford maintained his coolness and Impartiality, apparently anxious to administer the Parliamentary law without fear or favor of either party. His impartiality called forth some criticism from slaveholding members, of which Mr. Clifford complained. He Insisted that the speech had been prepared for the purpose of bringtog the subject of slavery to the view of the House and country without violathig the " gag-rule." This was of course literally correct. 150 SUBSTANTIALLY MAINTAINED. that the war then going on in Florida, had been waged for the purpose of regnslaving tbe colored exiles residing in that territory. Mr. Cooper, of Georgia, replied. He declared that he regarded the speech as altogether aimed at the institution of slavery. He spoke of aboUtion as a " moral pestilence " to be condemned and scorned by aU good men ; referred to Messrs. Adams and Giddings as leaders in the abolition ranks, while they were encouraged and cheered on by the whig party ; and he particularly charged General Harrison, the Presi dent elect, with encouraging aboUtionists, and thus involving the whig party of Georgia in the odium of supporting the right of all men to Uberty. He alluded to the case of a vessel from Maine that had carried a slave from Georgia, when the Chair called him to order. Mr. Black, of Georgia, insisted that Mr. Giddings had made an amti- slavery speech, and Mr. Cooper ought to be allowed to reply. Mr. Adams also interposed, saying the gentleman had made a pointed allusion to him, and he hoped to enjoy tbe privilege of replying. Mr. Wise, of Virginia, sustained Mr. Black, and on an appeal the House sustained him, and Mr. Cooper proceeded to arraign the Governor and authorities of Maine, as abolitionists. j^g^j ., Mr. Black, of Georgia, next obtained the floor. He at once arraigned Ohio for her cruelty to tbe colored people, declaring that State stood preeminent for her wickedness in that respect. He was called to order, decided to be out of order, but permitted by vote of the House to proceed oui of order. He was nervously excited ; declared that be intended to be personaUy offensive to Mr. Giddings, afid holding a copy of the Bible in his hand,. read, "Thou hypocrite, first cast tbe beam out Of thine own eye," as he pointed his finger directly at the object of his wrath. He assured the House that if the member from Ohio (Mr. Giddings) would come to Georgia he should be hanged. Mr. Downing, who held a seat merely as a delegate from the Terri tory of Florida, next addressed the House, and even outrivalled Mr. Black in vulgar assaults upon Mr. Giddings. Mr. Thompson, of South Carolina, was more refined in language and manner of attack, declaring that tbe whig party were not responsible for the course pursued by " the very obscurest of the obscure individuals belonging to that party." Feeling tbe insult of Mr. Thompson perhaps too keenly, Mr. Giddings replied that every statesman or member of Congress would select the position which he chose to occupy before the people. History and those who should come after us would judge that point ; but he would inform the gentileman from South Carolina, that he did not possess tbe power to designate the position which other members should fill in the public EFFOETS TO SUPPEESS DEBATE. 151 mind, although he must choose his own. Nor would the speaker (Mr, Giddmgs) say what niche in the Temple of Fame Mr. Thompson would occupy. He said that he .well understood the insult offered him by the gentleman from South CaroUna ; but he could not resent it in the man ner common among southern gentlemen, as the people of the free States would not permit their pubUc servants to practice that barbarous mode of settUng difficulties ; that if permitted by the voice of his constituents, his own conscience would not permit him to engage in that mode of settUng difficulties. But he would rather say to the gentleman, in the language of a mUitary veteran, who, after meeting the enemy in a hun dred battles, happened to offend a young officer, who spat in his face, expecting to caU out a challenge, but the aged warrior, taking his hand kerchief from his pocket, coolly wiped the spittle from his face, saying, " Could I as easily wipe the stain of your blood from my soul you should not live an hour!' Instantly Mr. Alford, of Georgia, sprang from his seat, and uttering profane threats, rushed towards Mr. Giddings -with apparently hostUe intention. A sensation was manifested throughout the haU ; members rose and rushed towards the parties ; but when Mr. Alford arrived within a few feet" of the object of bis wrath. Governor Briggs, of Massachusetts, stopped him and persuaded him to return to his seat, Mr. Thompson, in reply, assured the House and the country ^g^ that he spoke the feelings of both northern and southern Whigs when he declared that the member from Ohio was " the very obscurest of the obscure members of the whig party." To Mr. Downing no reply could be made consistent with self-respect ; but he had much business before the Committee on Claims, of which Mr. Giddings was then chafrman, and when that gentleman next approached him with the ordinary salutation of friends, Mr. Giddings refused to give him his hand, ' assuring him that he was at liberty to address him on official business, but on no other pretence, an injunction which Mr. Downing carefully observed. But notwithstandmg these unpleasant incidents, Mr. Giddings suc ceeded in giving to the country an explanation of the causes of the Florida war. The speech was a Uttle more than a compUation of pubUc documents on that subject, but it was printed in pamphlet form and was vridely cfrculated among the people. General Harrison, the President elect, arrived in Washington on the day of this debate, and on hearing that it had occurred; he expressed great dissatisfaction, and declared that he would relieve the whig party of aU odium brought upon it by Mr. Giddings' efforts in favor of free 152 PEESIDENT HAEEISON DEVOTED TO SLAVEET. discussion, and when the author on the foUowmg day called to pay him the customary respect, tbe President elect gave such evidence of beuig offended that Mr. Giddings never_ caUed on hini afterwards, although they were both from the same State, had served together in the war of 1812, and Mr. Giddings had exerted such influence as he possessed, and expended much money, to secure the election of tbe President. But Mr. Thompson, who had publicly insulted Mr. Giddmgs for maui- taining the freedom of speech, was rewarded with a mission to Mexico, although no vote in South Carolina had been given in favor of General Harrison's election. True to the principles in which he had been educated. President Har rison prepared a paragraph for his inaugural address which was highly offensive to all who advocated the right of petition or the freedom of debate. Mr. Clay, who was the leader of the whig party, was consulted upon the inaugural, and took exceptions to the paragraph aUuded to. The President requested Mr. Clay to alter it as he thought best. Mr. Clay complied, and as that Senator often observed, made it so doubtful whe ther it meant anything or nothing, that no one could take offence on readmg it. jg^ , These detaUs present some of the difficidties and embarrass ments which were met by the advocates of Uberty. Messrs. Adams, Slade, Gates and Giddings now found that the President whom they assisted to elect, intended to wield the executive power and influ ence in favor of suppressing the right of petition and the freedom of debate, and that tbe same influence was to be exerted against the men who advocated those rights. They saw and felt that persecution awaited them. The Supreme Court, however, made a decision which in some respects encouraged the advocates of liberty. By the constitution of Mississippi, slaves from other States were excluded from her markets. But a slavedealer transported a number of slaves to Jackson and sold them on a credit, taking in payment bUls faUing due at a subsequent day. Suit was brought on these bills, and two questions were presented for the consideration of the court : First, Does the constitution of Mississippi, without any law to give it effect, render the contract void 1 And secondly. Can a State exclude property of any kind from sale -within its territory ? Thus raising upon the records the distinct question whether slaves were property and there fore the subject of commerce. These questions being important were fuUy argued by learned counsel, JUDGE MoLEAN SUPPOETS THE CONSTITUTION. 163 and submitted to the court for decision. And Judge McLean met them promptly, fully, and ably ; showing by the most compact argument that whatever individual States may enact, either by constitution or by law, they could not encroach upon the powers of Congress, io regulate com merce between ihe States : nor could they transform persons into property. Taking the Federal Constitution for his guide, he showed that slaves were referred to as "persons" and not as property in each of the four iilstances in which they are spoken of in that instrument. He then declared that Congress could not exclude persons from going from one State to another. That as persons they were- subject to State laws : and the Legislatures of New Tork or Massachusetts may exclude the sale of slaves or persons in those States ; but could not prohibit the importation oi property, which alone can be the subject of commerce, and under the jurisdiction of Congress. But the other judges endeavored to avoid the issue made upon the record by basing their decision on other points, evidently unwiUing to meet the reasoning of the learned judge who manifested the boldness to exanUne a question so important to the existence of slavery. 154 TYLEE ASSUMES EXECUTIVE DUTIES. CHAPTER IX. DISBANDMENT OF THE WHIG PARTY. -|^j A SPECIAL session of the twenty-seventh Congress was con vened by proclamation of the acting President John Tyler, on the 31st May. General Harrison had departed this Ufe after enjoying the honors of President but one short month, and the Executive duties devolved upon a man who had never manifested any particular sympathy with the whig party. Indeed he had always opposed some of thefr leading political tenets'. He was a Vfrginian, entertaining aU the characteristic errors and egotism which at that time gave to the Old Dominion its principal importance.- He was of course a slaveholder, and from him the advocates of freedom expected no particular favor. There was a Whig majority of more than forty members in the House of Representa tives, and seven in the Senate, and no party had ever come into power with such opportunities to reform tbe Government and perpetuate its own ascendency : but the leading members of that organization had departed from the faitb of thefr fathers, who held that human governments were based on human rights.* The author was a Whig, an earnest supporter of the whig party and wlug poUcy ; but is constrained to say that he was not aware that a member of that or of the democratic party at that tiq|e entertained any idea of a " higher law," applicable to human governments, than the Constitution of the United States, which, as then construed by both parties, recognized no rights in mankind lying behind aud above human authority. The party had recognized no prunal truth, no fundamental doctrine ou which its members united before election, by which the Executive and Congress were to be guided when in power ; and now being iu power, and the offices distributed, they could agree upon no doctrme ; could unite upon no policy, aud before the close of the first session of Congress, they separated into factions, the party was substantiaUy broken up, and the sceptre of power had departed from them. * The majority in the Senate is stated upon the authority of Col. Benton, vide his "Thirty Tears" (vol..ii., page 215). In the House, John White had a majority "of 81 votes for Speaker, while eight southern Whigs voted for Mr. Wise, who was an ardent Whig, and Messrs. Adams, Slade, Gates and Giddings voted for Mr. Lawrence, of Pennsylvania. PLAN FOE DECEIVING THE PECTPLE. 155 In the Senate Mr. Buchanan presented the memorial of the Society of Friends in Pennsylvania, praying the abolition of slavery and the slave trade m the District of Columbia, and in the Territories of the United States. Mr. King, of Alabama, stated the practice of tbe Senate ; saying it was the duty of the presiding officer, when petitions of this character were presented, to consider the question of reception as raised, and then await the motion of some Senator to lay the resolution on the table, which left the petition in the hands of the Senator present ing it. This was the formula assumed by the Senate, in order to satisfy the people by learing thefr petitions in the hands of the Senator who pre sented them : yet this fraud was openly advocated as satisfactory to an intelligent nation ; for Mr. Buchanan stated that he was aware that such was the practice, and he thought much good had resulted from it, and if followed up, there could be no doubt that the most salutary results would 'follow. Only one other petition of that kind was pre sented in the Senate during the extra session.* 1811] Soon as the House was properly organized, Mr. Wise moved to adopt the rules of the last Congress. To which Mr. Adams proposed an amendment, excepting the 21st or gag-rule : and this amendment was adopted. Mr. Ingersol, of Pennsylvania, moved a reconsideration df this vote, and on that motion' a long and interesting debate arose. Mr. Adams, in maintaining the right of petition, declared it an error to say the people of the free States had nothing to do with slavery. That in case of a servile insurrection, they.would be called on to inter fere with it. He also referred to the fact that the 21st role was a democratic measure, to which the Whigs, as a party,, had been opposed, and he was now surprised to find so many Whig members sustaining the measure which they had formerly repudiated. Mr. Ingersol, of Pennsylvania, replied to the argument of Mr. Adams. He warned the South of the approaching danger to thefr institutions ; and advised them to combine and move in solid phalanx in support of southern interests ; and declared that he was surprised and horrified at the doctrine advanced by Mr. Adams, saying that he had understood * Eighteen years subsequently, Mr. Buchanan, while President, prompted by the same kind feel ings towards the slaveholding interest, permitted the Governor of South Carolina to take possession of the Arsenal situated at Charleston, containing immense quantities of arms and ammunition; permitted most of the arms and ammunition in northern arsenals to be carried South ; and southern arsenals to be seized, preparatory to the great rebellion. In all of which he was equally sincere and honest, believing it the only mode of samng the Union. 156 50WEE TO ABOLISH SLAVEET. that gentleman- to say that in case of a servUe insurrection breaking out in the South, there would be an end of the Constitution ; and turning to Mr. Adams, said he would be glad to know whether he correctly under stood him. Mr. Adams said, that he had stated that in case of servUe war, and the people of the free States were called on by the President to suppress it, they would have the perfect right to dictate the terms on which peace should be restored ; if the free portion of the Union were called upon to expend their blood and treasure to support that institution which had the curse and displeasure of the Almighty upon it, the subject itself *ould come within the constitutional power of Congress, and there would be no such objection as that Congress had not ihe right to inter fere : but the right would be acknowledged, and the duty admitted. And when members of Congress should take tbe power into thefr hands, they would and ought to dispose of the institution according to the dictates of justice.. Mr. Ingersol repeated his own feelings of horror at the contemplation of a servUe insurrection ; declared that he was ready to march at any moment to assist his southern brethren in such case, but did not attempt to answer tbe constitutional argument of Mr. Adams. Mr. Ingersol declared there were more than 2,000 abolition societies in the free States. Said that foreign books were circulated in this country to get up -an abolition feeUng. AU these thmgs were a con spiracy to destroy the institutions of the South, and he clearly mdicated that no abolitionist ought to be permitted to hold office. Mr. Wise appeared dissatisfied with the Speaker ; spoke of his arrangement of the severarcommittees, and referring to that on claims, said the chairman (Mr. Giddings, of Ohio) would never report a bUl to pay a master for the loss of his slave if killed in the public service. Mem bers seeing Mr. Giddings present, caUed on Mr. Wise to put his question to the chairman of that committee. " Ask him " — " Ask him," resounded from various parts of the hall, " I will " (said Mr, Wise) ; and turn ing to Mr. Giddings, said, " I wiU ask the chairman if he would report a biU to pay a master for the loss of a slave kiUed in the public service ?" That gentleman replied : , "I cannot say what the committee migh do ; but I should myself foUow the precedents which are uniform from the commencement of the Government." Mr. Wise was dissatisfied : members smiled at his embarrassment. He deelared it the first tune that he had known tbe chairman of the Committee on Claims to dodge a question : but finally said that he was PEESIDENT TTLEE FOE THE GAG-EULB. 157 aware that the precedents were against such payment, but the precedents were wrong; and he was anxious to correct the error. He next assaUed the Speaker for appointing Mr. Adams Chairman of the Committee on " Foreign Affafrs." * In the course of this speech, Mr. Wise gave the first public notice that Mr. Tyler meant to be a candidate for reelection : and that inten tion was yet more distinctly avowed by Mr. Cushing, of Massachusetts. At this point, the difficulties which finally separated Mr. Tyler .^g^ from the great body of those who elected him began to be developed. Hon. WilUam Cost Johnson, of Maryland, a slaveholding Whig, in order to give weight and influence to his own argument, in favor of the 21st rule, said he had seen a letter from the President, Mr. Tyler, recommending its support by members of the House. Mr. Adams, noticing this arrogant interference with legislative duties by tbe President, at once called for the reading of the tetter. Mr. John son replied that such was the opinion of Mr. Tyler as an individual, and not expressed in any official correspondence ; but the incident brought out the fact that the President and Cabinet were in favor of the policy ' of suppressing debate and the right of petition on the subject of slavery. A few Whigs adhered to the President, while far the greater portion were opposed to him ; but at the close of the extra session, the disband- ment of the party had become apparent to the pubUc. • At that time the writer supposed and still believes it to have been the intention of Mr. Clay, If placed in power, to use his influence to restore the freedom of debate and the right of petition, and leave the Institution of slavery with the States. Such was undoubtedly the intention of Speaker White in the appointment of Mr. Adams and Mr, Giddings to be chairmen of committees, second In Importance only to that of " Ways and Means." 158 PETITIONS PEESENTED BT ME. ADAMS. CHAPTER X. the trial of HON. JOHN QUINCY ADAMS. jg^. The contest upon the right of petition and the freedom of debate eridently increased ; slaveholding members became irrita ble, and northern members who sympathized with them appeared vexed and discontented." Personal feeUng began to take the place of political sympathy ; the social relations of members •frere broken up, and the common civUities of Ufe were no longer observed by a portion of southern- members. Personal bitterness was manifested towards the writer more than towards any other member. There was not, probably, a dozen slaveholding members who at that period recognized him whUe passing on the street, or when meeting him in the Hall of Representatives. These attempts at social ostracism extended in a degree to Messrs. Slade and Gates, who were also regarded as obnoxious to southern members ; but the high, moral, and social position of Mr. Adams placed him above those puerile attempts to affect the official position of members. Mr. Adams stood alone in iiis practice of presenting each petition separately, and asking specific action thereon. One of these from Massachusetts, prayed that colored men may be recognized as citizens of the United States, and permitted to hold lands in our Territories. Another invoked Congress to guarantee to each State of the Union a republican form of government. Another prayed to be reUeved from tak ing up arms in defence of a government which sustained slavery. Another prayed relief from all support of slavery and of tbe slave trade. Another prayed Congress to take measures to secure colored citizens from being enslaved while travelUng iu our southern States. Another setting fqrth that efforts were making to involve the people of the United States in a war with England, in order to compel her officers to aid our slave mer chants in carrying native Americans to market, declared that such a war would exceed in guUt that which England waged against us in 1716, in the same degree that slavery exceeds the political dependence in which our fathers were holden by the British Govemment, and the memorial ists prayed to be exempt from serving in such a war. These petitions did not come withm the 21st rule ; they called forth debate which at times became excited. On every hand Mr. Adams was assailed, and each petition appeared to call forth the expression of more bitter hostiUty. ME. ADAMS ASSEET8 THE EIGHT OF PETITION. 159 That gentleman had served as a member of the Committee on Foreign Affairs during the twenty-sixth Congress, whUe his coUeague, Mr. Cusbmg, served as chairman. Now he was placed at the head of the committee, and Mr. Cushing was a junior member. On the 21st January, he presented the petition, as he stated, .jg^^ of. a respectable portion of the citizens of Georgia, setting forth that whUe Mr. Adams possessed all the quaUties of a statesman in an eminent degree, they regarded htm a monomaniac, and prayed that he be removed from the position of chairman of the Committee on Foreign Affairs. Having presented the petition, be declared "his desire to defend himself against the charge of being a monomaniac. Mr. MarshaU, of Kentucky, moved that Mr. Adams have leave to defend himself, and show that he was not a monomaniac. This motion was debated, and it was soon manifest that the slaveholders "were un wiUing to have him address the House. They exhibited greater personal hostility towards him than at any former time, and the motion was finally laid on the -table. Tbe next morning, Mr. Adams asserted his right as a question of privilege, to defend himself against the charge brought against him. This proposition called out an expression of still greater personal hos tUity ; but the Speaker decided that it was a question of privilege. At this point Mr. Warren, of Georgia, moved a reconsideratiou of the motion laying the. subject on the table, which was sustained after many objections, and Mr. Adams now obtained legitimate possession of the floor for the purpose of defending himself. But he had no sooner commenced his remarks, than calls to order were heard from all parts of the hall. The Speaker was cool and firm ; he explained the question, showed with great perspicuity the parliamentary rule. Mr. Adams also bore himself with becoming dignity. He proceeded to expose the poUcy of southern members. The slaveholders and northern Democrats became greatly excited. Mr. Adams at no time uttered half a dozen sentences -without being vociferously caUed to order. The disorder increased ; the voice of Mr. Adams was often drowned amid exclamations, epithets, and denun ciations. More vindictive feeling was exhibited than on any former occasion, and wbUe this storm of passion was raging a motion was made and carried to lay the subject on the table. Mr. Adams being in possession of the fioor, continued to present petitions. One after another were laid upon the table on motion of some slaveholder. Throughout the haU a deep feeUng of hostility towards the distmguished statesman was manifested. Tbe day was far spent ; from 160 CELEBEATED PETITION FEOM HAVEEHlLL. the reading of the journal in the moming the excitement had increased ; yet the aged patriot remained upon his feet, deliberately continuing in the discharge of bis duty, with no apparent intention of retiring from the conflict. Near him were. Messrs. Slade, Gates, and Giddings, deeply interested in what was passing ; while Wise, and Gilmer, and Holme?, and Cooper, and Saunders, and other slaveholding 'members, were on either hand, watching his words and actions with apparently intense interest. At length he took from the file of papers before him one which he opened and appeared to examine with more than usual interest ; then turning to the Speaker, he said, " I hold in my hand the memorial of Benjamin Emerson and forty-five other citizens of Haverhill, in the State of Massachusetts, praying Congress to adopt immediate measures for the peaceful dissolution of the Union of these States." As these w'ords were uttered an obvious sensation ran through the hall ; but he continued : " Ffrst, Because no union can be agreeable or permanent which does not present prospects of reciprocal benefits. Second, Be cause a vast proportion of the resources of one section of the Union is annually drained to sustain the views and course of another. Thfrd, Because, judging from the history of past nations, if the present course be persisted in it will overwhelm the nation in utter destruction." A number of slaveholding members now sprang to their feet, each demanding leave to speak. The presiding officer called to order, declar ing the gentleman from Massachusetts was in possession of the floor ; and when order was again restored Mr. Adams continued, saying, " I move the reference of this petition to a select committee of nine members, witB instructions to report an answer to the petitioners, showing the reasons why the prayer of their petition cannot be granted ?" Vociferous calls for the floor were now heard from aU parts of the haU. Mr. Hopkins, of Vfrginia, was first recognized ; but when order was restored, and the attention of all was directed towards him, expects ing some important proposition commensurate with the occasion, he merely inquired of the Speaker if it would be in order to burn ihe pdi- tion in ,ihe presence of the House 7 Other inqufries were propounded by different members, but such was the disorder that the Speaker paid no attention to any of them. Mr. Wise inquired if a resolution to censure the member presenting the petition would be in order ? In response to this, Mr. Adams, in his seat, expressed his own gratification. A motion to adjourn was made. Mr. Adams hoped the House would not adjourn. " If," said he, " a vote of censure is to be passed, it may as weU be done to-day." ME. ADAMS AEEAKJNED. 161 At length Mr. Gflmer, of Virgiuia, offered a resolution declaring, " That in presenting to the consideration of the House a petition for the dissolution of the Union, the member from Massachusetts (Mr. Adams) had justly incurred the censure of this House.'' A question was raised as to the reception of the resolution, when Mr- Adams expressed his desir^ that it might be received and debated, and that he would have an opportunity of defending himself ; but the House adjoumed without further action.* Public notice was given that a meeting of members from the slave States would be held that evening in the room of the " Committee on Foreign Affafrs," to make proper arrangements for the trial, which was to proceed on the following day. Most of the members showed no anxiety to leave the hall. Many remained, and gathered into small coteries, earnestly engaged in conver sation upon the extraordinary events of the day. Maiiy appeared deeply indignant, and with knitted brows, compressed lips, and clinched fists, uttered imprecations against all " agitators " and abolitionists ; others exultingly declared Mr. Adams to be in the power of the demo cratic party, as all southern Whigs would act with them, and they de clared it necessary to make an example of him. An effort was made to get a meeting of northem members who were willing to stand by and assist Mr. Adams in meeting the persecutions and dangers which surrounded him ; but to these efforts most northem Whigs repUed, " that it would look like a sectional quarrel." But a few members friendly to Mr. Adams convened that evening at the room of the author. Messrs. Slade and Toung, of Vermont ; Calhoun, of Maa- sachnsetts ; Henry, Lawrence and Simonton, of Pennsylvania ; Gates and Chittenden, of New Tork, and Giddings, of Ohio, were present. Besides these. Rev. Joshua Learitt, of Boston, and Theodore Weld, of New Jersey, were also present ; although they were not members, they were well known as able and zealous advocates of freedom and friends of Mr. Adams. These two gentlemen were appointed a committee to wait on Mr. Adams and inform him that they and the members convened tendered him any assistance in thefr power. They immediately repaired to the. residence of Mr. Adams, though the hour" was late. They found him in his parlor, and without delay stated the object of their visit. The aged statesman listened attentively, but * The House had for years adopted mles to suppress debate, and had used parliamentary and wnparliamentary means to prevent Mr. Adams from debating the subject of slavery, and he now thought if permitted to debate this resolution he would have ample scope for arraigning the institu- tloa ; that, however, was a result which southern men had not looked to. 11 162 ASSISTANCE TENDEEED HIM. for a time was unable to reply, laboring under great apparent feeUng. At length he stated that tbe voice of friendship was so unusual to his ears, that he could not express his gratitude ; that he would feel thank ful if they would examine certain points to be found in the authors of vrhich he gave them a Ust, and have the books placed on his desk at the hour of meeting the next day, and then dismissed them, and turned his own thoughts to a preparation for the contest. Prompt at the call, nearly all the slaveholding members met at the place appointed that evening to consult on the best mode of conducting the debate upon the resolution of Mr. Gilmer. That gentleman was a member of the democratic party, and it was feared that this cfrcumstance •would injure the moral effect of the proceeding, as it might be said that it constituted a partisan persecution rather than a patriotic effort to " save the Union." It was therefore proposed that some slaveholding Whig should appear as prosecutor ; and Hon. Thomas F. MarshaU was pominated and appointed to that duty. He was comparatively a young maUj a nephew of the late John MarshaU, Chief Justice of the United States Supreme Court. He seemed to have inherited tbe genius and abUity of his ancestors, had already distinguished himself in the Legis. lature of his own State, and had now come to Congress under more favorable auspices than any other member west of the Alleghany Moun tains. He was anxious to distinguish himself upon the new theatre on which he had but just entered. On the foUowing morning, long before the hour for the House to con vene, the spacious galleries were filled to their utmost capacity, and aU approaches to the hall were crowded -with anxious men and women, en deavoring to get where they could hear the proceedings. Foreign minis ters, " attachis " and privUeged persons filled tbe lobbies and the outer space within the hall and outside the bar. The" Speaker promptly called the House to order as the clock told the hour of twelve, and soon as the journal had been read, Mr. MarshaU proposed a substitute for the resolution offered by Mr. GUmer ou the previous day. The substitute was in the foUowing language : " Whereas the Federal Constitution is a permanent form of govern ment and a perpetual obligation untU altered or amended in the mode pointed out in that instrument, and the members of this House deriving their poUtical character and powers from the same, are sworn to support it ; and a dissolution of the Union necessarUy impUes the destruction of that instrument, the overthrow of the American RepubUc, and of our national existence : A proposition to the Representatives of the people to dissolve the organic law framed by their constituents, and to support maeshall's eesolutions. 163 t which they are commanded to be sworn before they can enter upon the execution of the political powers created by it, and intrusted to them, is a high breach of privUege, a contempt offered to this House, a dfrect proposition to the Legislature and each member of it to commit per jury, and involves necessarily in its execution and its consequence, the destruction of our country and the crime of high treason. " Resolved, therefore. That the Hon. John Quincy Adams, a member from Massachusetts, in presenting for the consideration of the House of Representatives of the United States a petition praying the dissolution of the Union,- has offered the deepest indignity to the House of which he is a member, an insult to the people of the United States of which that House is the organ, and will, if this outrage be permitted to pass unrebuked and unpunished have disgraced the country through their Re-- presentatives in the eyes of the whole world. " Resolved, further. That the aforesaid John Quincy Adams, for this insult, the first of the kind ever offered to the Govemment, and for the wound which he has permitted to be aimed through his instrumentaUty at the Constitution and existence of the country, tbe peace, security and Uberty of the people of these States, might weU be held to merit expul sion from the national councUs, and the House deem it an act of grace and mercy when they only inflict upon him their severest censure for conduct so unworthy of his past relations to the state and his present position. This they hereby do for the maintenance of their own purity .and dignity : for the act they tum him over to his own conscience and the indignation of aU true American citizens." The resolutions having been read, Mr. Marshall proceeded to sustain them by a speech characterized by that eloquence and force of argument for which he was distinguished. The audience was attentive, and he pro ceeded to apply the law to the facts with such force that he appeared to leave but Uttle chance of escape to him who by a persistent discharge of duty had rendered himself obnoxious to the slave power. Southem members appeared encouraged and confirmed in thefr determination to disgrace this aged advocate of freedom, whUe his northem friends were depressed in a correspondfrig degree ; indeed, when they reflected upon the spirit manifested by the entfre democratic party North and South, together with the slaveholding portion of the whig party, there appeared but sUght expectations of defeating these efforts to prostrate his in fluence. Mr. Adams was expected to state the grounds of his own rindication before any friend could venture to speak- in his defence ; accordingly, when Marshall closed, he rose to address the House, and as that gen- l64 . MB. ADAMS'S BASIS OF DEFENCE. ^ tleman had charged him with high treason, and represented him as seeking to overthrow the Government, it was supposed he would nqw reply with that overwhelnung severity for which he was distinguished ; but he exhibited no such desfre. When the Speaker announced that he was in possession of the floor, all eyes were instantly upon him. His appearance was venerable ; he was dignified in his bearing. He looked around upon his peers, who sat before him as judges, with a countenance beaming with kindness : he had long served his country, had fiUed the highest office on earth with honor to himself and friends ; and now, at the age of seventy-five years, he stood arraigned on a charge of treason to that country to which he had so long devoted his labors, to that peo ple whose rights he was seeking to maintain. At length, turning to the Speaker, he said : " It is no part of my intention to reply to the gentleman from Kentucky at this time. I pre fer to wait untU I leam whether the House wiU retain these resolutions for discussion. I call for the reading of the first paragraph in the Declaration of Independence." The Clerk at once sought the book con taining it, and whUe seeking, Mr. Adams repeated, " the first paragraph in the Declaration of Independence," The Clerk then read the introductory portion of the Declaration, and hesitatingly turned his eyes towards Mr. Adams, as if to inqufre whether he should read further, " Read on, read on ! down to the right and the DOTY," said the aged patriot ; and the Clerk, in a clear and distmct voice, read that portion which declares tbe natural rights of mankind and asserts that govemments are instituted to support those rights ; and with peculiar emphasis he read the sentence which declares, " that when ever any form of government becomes destructive of these ends, it is the right and the duty of the people to alter or abolish it and reorganize its powers in such form as to them shall appear most likely to secure their inter est dnd happiness." Mr. Adams then proceeded to state that our Government had become destructive to the lives and liberties of a portion of the people. That those powers granted to secure, had been prostituted to destroy life and Uberty: the powers ordained to the support of freedom had been prostituted to the maintenance of slavery. That the people had tlie right to reform these alDuses, aud bring the Government back to the performance of those duties for which it was instituted. " They have (said he) the right to ask Congress in respectful language to do anything which they in good faith beUeve that body ought tO' perform : and it is the duty of Congress to return respectful answers to such petitions, showing the reason why their prayers cannot be granted" OBJECTS OF THE SLAVE POWEE DEFINED. 165 He declared that the people were oppressed by the denial of the right of petition and the suppression of debate, and "if this discussion is to proceed (said he) I shaU ask for time to prepare my defence, for I shall show that that portion of the country from which these gentlemen (Messrs. Gilmer and Marshall) come are endeavoring to destroy the right of ' Habeas Corpus' and of trial by jury. I' wish (said he) to look into the controversy between New Tork and Vfrgmia, between Georgia and Maine, and show there is a persistent intention to destroy the rights of the free States and to force slavery upon them!' He further declared his intention to show that a systematic effort was making to force the country into a war with England in-order to main tain the African slave trade. He asserted that for the re.storation of the slave trade, our minister at London had put forth the most false doc trines as constituting the law of nations.* And, said he, if our rights are thus to be taken away by this coalition between southem slaveholders and northern democracy, it is time the peo ple should send thefr petitions here, and arouse the nation to protect our constitutional rights. As Mr. Adams resumed his seat, Mr. Everett, of Vermont, moved a postponement of the further consideration for two weeks, to enable Mr. Adams to prepare his defence, and that the resolutions of Mr. Metrshall be printed. Mr. Wise inquired if this motion was not debatable. The Speaker responded in the affirmative, and Mr. Wise commenced a speech in favor of adopting the resolutions occupying the remainder of that day, and part of the day foUowmg. This gentleman had long exhibited a personal hostiUty towards Mr. Adams, and he now appeared to think the present a most favorable op portunity to gratify his animosity. He charged Mr. Adams with con spiring with British aboUtionists to destroy the Union ; he read extracts from newspapers to show that British philanthropists were conspiring with those of the United States to bring about a war between the two * These prophecies were ali literally fulfilled in a much shorter period of time than Mr. Adams or his friend then expected. The right of fietltlon and freedom of debate had been already stricken down. The fugiUve slave law of 1850 denied the right of " Habeas Corpus " and that of trial by jury, and strong efforts were made to carry slavery Into the free States, by authorizing the master to carry bis slaves through such States and to reside temporarily with them in such States. And in May, 1857, the Senate of the United States by resolution denied the right of British cruisers to visit an American vessel sailing under American colors to ascertain whether she was engaged in the African slave trade or not ; and by this means that commerce was for some years practically re stored, and slaves were openly imported into our southern States. And although the law declaring the slave trade to be piracy had been thirty years in force, no man had been executed under it until the Republicans came Into power in 1861, when Captain Gordon was hanged in New York. 166 ME. ADAMS P.EPLIES TO MAESHALL. governments in order to destroy slavery : and as if he thought it a crime, declared that Mr, Adams had said that in case of a slave insur rection, if the Federal Government was called on to suppress it, the Executive might, if necessary to restore peace, emandpate the slaves 1 To this remark Mr. Adams, retaining his seat, replied with unusual emphasis, " Yes, sir."* He spoke of the world's anti-slavery convention held in Europe, and said that Governor GUmer had received the proceedings of that convention under the frank of a member of the House of Repre sentatives (Hon. Seth M. Gates). He asserted that these things mani fested a design to break down slavery, and he exhorted the democratic party to come np to -the contest and put down aboUtion, or slavery would be destroyed, and the great democratic principle of equality among men would become obsolete. Mr. Adams said he would speak at that time only upon the propriety of retaining the resolution for debate ; and he replied to Mr. Wise with marked severity, saying he understood that gentleman ; that he had come to that hall two or three years previously with his hands dripping -with human gore ; a blotch of human blood was upon his face. Mr. Wise appeared incapable of forbearance under this allusion to the duel in which Mr. CiUey of Maine feU, in which Wise had acted as second, and be inter rupted Mr. Adams several times. But the aged statesman occupied Uttle time in answering Mr. Wise, as he evidently felt that Mr. Marshall's address was more important. He spoke of that gentleman with great kindness, referred to the friendship which had existed between himself and-the ances. tor of Mr. Marshall, the late Chief Justice, declaring that when he heard of the election of the gentleman from Kentucky he anticipated a renewal of that ancient friendship. He spoke of Marshall as having already won an enviable fame in his own State Legislature by his earnest sup port of human freedom, and then began to array that gentleman's errors before the audience ; said he had charged him with " high treason," in the preamble of the resolution, and in his speech. " Now," said he, " thank God the Constitution of tbe United States has defined high treason, and it was not left for the gentleman of Kentucky, nor for his puny mind, to define that crime, which consists solely in levying war against the United States, or lending aid and comfort to their enemies. * Eighteen years after this speech, Mr. Wise was acting Governor of Vu-ginia, when the memor able Insurrection under John Brown broke out, carrying consternation and dismay throughout the Old nomiuion. Governor Wise carefully ayoided calling on the President for assistance, yet as sailed the President for not sending the troops of the United States to assist Virginia in suppressing the rebellion.. The President, Mr. Buchanan, very correctly denied that he could do so until called upon officially. Still Mr. Wise would not trust a northern democratic President, lest he might emancipate the slaves instead of slaying them. A SCENE OF HIGH MOEAL 8UBLIMITT, 167 I, (said he), have presented a respectful petition from my constituents, I have done so in an orderly manner, in the regular course of business, in obedience to my sworn duty, and the gentleman calls this levyiag war ! ! I Were I the father of that young man I could feel no more anxiety for his welfare than I do now ; but if I were his father I would advise him to return to Kentucky and take his place in some law school, and commence the study of that profession which he has so long dis graced." Mr. Marshall now saw that he was to receive the full force of the veteran's severity ; and as if to bid defiance to his powers, he rose, and folding his arms across his breast, looked his opponent fuU in the face. This appeared to call forth aU the reserved powers of that intellect which had attracted the attention of civUized nations. He appeared to his audi tors to rise in stature ; his eloquence became more bold and lofty ; his invective more terrific. He referred to the fact that Marshall had attended a midnight cabal of slaveholders, and by the influence of " that ambition which o'erleaps itself," had consented to act as the prosecutor in endeavoring to prostrate and desti'oy one of the best friends he had on earth. He showed him an ingrate, and as he became warmed up, and rose in the dignity of bis subject, his language, and thoughts, a breath less silence reigned through the hall and in tbe vast gaUeries. There was no loud breathing, no rustling of garments ; reporters laid down thefr pens, slaveholders were melted to tears. Marshall stiU retained his position, " a standing corpse ;" he exhibited' no other sign of life thau a nervous tremor which pervaded his system. At length Mr. Adams concluded and resumed his seat, whUe Mar shall remained apparently transfixed and unconscious until a friend inti mated to hun tbe propriety of resuming his seat. From this moment the friends of Mr. Adams entertained no further apprehensions. With his mtelligence, experience, and mental power, basittg hunself on truth, justice, and human rights, they were willing to trust him single-handed, against the entfre democratic party, aided by the slave power. For such was now tbe contest, and aU appeared to feel that MarshaU was the champion of the slave power, and that Mr. Adams had not only demolished his argument, but had prostrated his infiuence in Congress.* • Marshall was exceedingly sensitive to this rebuke, as the writer had full evidence. Soon after the scene above described, he came across the hall and addressing Hon. John Campbell, of South Carolina, who was sitting near the author, said: " Campbell, I wish I were dead." "Ob, no," says Campbell, " you are too sensitive." " I do," said Marshall, with an oath ; " I would rather die a thousand deaths than again to encounter that old man." But this feeling was subsequently expressed in different language. Mr. Kelm, of Pennsylvania, 168 ME. ADAMS ASSAILS THE SLAVE POWEE. For twenty years southem members had threatened the dissolutiou'of the Union ; had frightened northern members and northern people by declaring that they would leave the Union unless the northern people would cease to express their detestation of slavery, and the slave trade ; while now they were thrown into convulsions when a few northern citi zens kindly and respectfully asked them to carry thefr threats into practice. Mr. Adams now began to arraign the slave power ; no longer attempting to defend himself, he boldly stood forth as the accuser and prosecutor of tbe slave interests. He charged South Carolina and other slave States with seizing and enslaving free colored citizens of the northem States, in riolation of the Constitution, and presented resolutions calling ou the President for cer tain documents wherewith to establish this charge. He also wished for a copy of the letter of President Tyler to WilUam Cost Johnson, advising him to support the twenty-first rule of the House. These papers he deemed necessary for his defence, and the House adopted his resolutions ; but the President did not answer them. Other members now came to the aid of Mr. Adams ; Hon. John M. Botts, of Virginia, alluded to the fact that on a former occasion a gen tleman from South Carolina (Mr. Rhett) had drawn up resolutions declaring the Union dissolved ; and was only prevented from presenting them because he could not obtain the fioor. Mr. Arnold, of Tennessee, also sustained Mr. Adams, upon the ground that the twenty-first rule was itself a perfect violation of the Constitution. Mr. Marshall again addressed the House, eridently preparing the way for a retreat from the position he had assumed. On the 8d of Feb ruary, Mr. GUmer, foreseeing the result, pubUcly proposed to Mr. Adams to withdraw the petition which he had presented, and pledging himself in such case to withdraw his resolution of censure. Mr. Adams repUed that he had presented the petition from a sense of public duty, from which he could not excuse himself ; and never aa chah:man of the Committee on Military Affah^, in the previous Congress, made a report to which Mr. Adams could not yield assent, and in speaking upon It, alluded pleasantly to some literary defects. Kelm was irritated, and in reply assailed the literary character of Mr. Adams. The aged member permitted no man worthy of his steel to assail him with unpunity, and he replied to Kehn In a very different style from that In which he had spoken of Marshall. He put on the faceUous, and reading from one of Sheridan's Irish plays, represented Keim as a retired military officer, and soon found the House convulsed with laughter. At this time Marshall entered the front door of the hall, and observing the disorder, turning to Mr. Merrlwether, of Georgia, who was sitting beside the entrance, inquired the cause. Mr. Merriwether answered that Kehn, of Pennsylvania, had assailed Mr. Adams, and the old gentleman was now making a reply. " Well, well," said Marshall, " if Keim has fallen into old Adams' hands, ali I can say is may God ha/ve mercy on his soul." MR. ADAMS STATES HIS DEFENCE. 169 would he consent to violate his duty in order to obtain the favor or for bearance of any man or number of men. Mr. Adams then commenced stating his defence ; he cited various acts and circumstances showing a combmation to remove him from the post of chairman of the Committee on Foreign Affairs ; and the combi nation of southern members entered into on the evening of the 24th January, to prostrate and destroy his infiuence, in consequence of his advocacy of the right of petition, which he held to be sacred. He then referred to tbe fact that the resolution had been presented by a gentleman from Virginia (Mr. GUmer) ; said that he had long entertained a high respect for that State, from the confidence which General Washington had reposed in him forty-eight years previously when that great man first appointed him minister to the Hague, at an age so young that he was caUed " the 6oj/-minister." He spoke of the early statesmen of Vfrginia with admfration, and closed his remarks for the day by a quotation from Moore, saying he had hoped that the present delegation from that State would have felt something of that " Holy shame which ne'er forgets What clear renown it used to wear, Whose blush remains when virtue sets To show her sunshine has been there." On the following day Mr. Adams complained that his remarks were not reported, but caricatured. He stated that from the commencement of the trial he had been misreported ; said it was important that tbe people should know what was passing in that haU, and he proposed a postpone ment for two weeks in order that competent reporters may be obtained. He declared the attempts to suppress what was said in favor of liberty, constituted good reason for removing the seat of government to some free State where slaveholding influence would not control the popular mind. Mr. Marshall opposed the proposition, and charged Mr. Adams with Note. — It was duiing this day that William Smith, of Vir^nia, formerly Governor of that State, interrupting Mr. Adams, said he wished " to make a suggestion for the benefit of the gentleman.from Massachusetts." Smith was a man of not very elevated character; and Mr, Adanis looking round upon him with a scowl of contempt, replied, " 27bn tali a-uxaiUo." Smith had forgotten his Latin, and not understanding the answer, stood in mute astonishment, not knowing whether to speak or say nothing ; but finally turning to Hon. 0. M., who sat by his side, inquired what the expression meant. The gentleman thus addressed was an incorrigible punster, and promptly replied, " He ia very much enraged, and is telling you to ' gfo to A — W.' " Smith, astonished at what he supposed the profanity of Mr. Adams, dropped back into liis seat, and was never known to interrupt Mr. Abeen unfaltering in thefr devotion to justice and liberty. By their high moral bearing and assiduity they had commanded the respect of all who admired freedom ; but they had retired from Congress, their seats were fiUed by new and un tried members, and Mr. Adams and the humble individual now engaged in writing these memofrs were left to contend against a degree of arro gance, despotism and persecution not easily appreciated by men of the present day. The past services, the high moral and social position of Mr. Adams, enabled him to bid defiance to those who sought by every means which they deemed available to affect his influence ; bnt the author was placed nnder very different cfrcumstances. Slaveholders and those northem members at that time characterized as " the Swiss guards of slavery," determined on his poUtical and social ostracism. At Washington he continued to be stigmatized as an " aboUtionist," " an agitator," " one who was seeking notoriety." PubUc meetings of the democratic party adopted resolutions denouncing him ; and democratic papers assailed him. Nor did the whig press sustain him. He did not receive those civiUties usually extended to members of Congress : He exchanged cards with but few ; and wholly abstained from making caUs of ceremony. Havmg long served as chafrman of the Committee on Claims, he was removed from that post, and assigned to the seventh position in the Committee on Revolutionary Pensions, which having no business did not meet. It was under these depressing cfrcumstanees that the author resumed the duties which lay before him. His venerable coadjutor, Mr. Adams, was seventy-six years of age. His hand was palsied and trem- bUng : his voice was somewhat feeble and broken, his movements ME. ADAMS DESPONDS. 21'i( denoted age ; but his intellect appeared ummpafred, whUe his anxiety for his country and his race increased. Although more depressed in spirit than he had previously been, he declared there was but one course for pubUc men, that was to "do their duty." Early in the session he moved the appointment of a committee to report a code of rules for the govern ment of the House : his motion was sustained ; he was of course ap pointed chairman, and made a report omitting the obnoxious twenty-first mle. The debate on this report occupied the morning hour for some weeks. During the discussion he was often assaUed ; but, in violation of the practice usuaUy observed, he was not recognized by the Speaker as entitled to the floor for reply. Yet his juniors in service and in years constantly assaUed him with unexampled bitterness. The author had abstained from attempting to speak as courtesy, and parUamentary usage seemed to assign the floor to Mr. Adams. This state of things had continued for two Tveeks, when one morning the writer entered the hall a little before the hour of meeting. He found Mr. Adams already in his seat, but laboring under greater depression than at any previous day. HiS appearance indicated the want of sleep. He said bis health was good ; but declared that he had become nervous and unable to sleep. He spoke most feelingly, declaring that our Gov ernment had become the most perfect despotism of the Christian world : avowed himself physically disqualified to contend longer for the floor : said he must leave the vindication of the report which he had made to the author, as duty to himself forbade further attempts on his part. He said he had indulged the hope of Uving to see the " gag-rule repealed," but he now regarded it as doubtful. • The author was thus left alone to contend in favor of the report -I -I which Mr. Adams had made. In the course of a few days he obtained an opportunity of speaking, and so far as able discharged the duty so strongly impressed upon his mind by Mr. Adams. It was during this debate that an incidental remark was made by Mr. Adams, that was often quoted in subsequent years. Mr. DUlett, of Alabama, a man of age and of talents above the mediocrity of members, was speaking upon this report. Like other Representatives from the South, he appeared anxious to assaU Mr. Adams. He held in his hand the report of a speech delivered by the object of his assault to the colored people of Pittsburg, Pennsylvania. From this he read the following passage : " We know that the day of your redemption must come. The time and the manner of its coming we know not : It may come in peace, or it may eome in blood ; but, whether in peace or in blood, LET IT COME." Haviug read this sentence, he invoked attention to 218 A SOLEMN INVOCATION. it, and in order that all might appreciate it, he read it a second time ; and as his voice died away, Mr. Adams, in his seat, with peculiar em phasis, added, " I say now, let it come." DUlett, apparently indignant at what he regarded the audacity of Mr. Adams, added, " Yes, the gentle man now says let it come, though it cost ihe blood of thousands of white men." To which Mr. Adams rejoined : " Though it cost ihe blood of MILLIONS OP WHITE MEN, LET K COME : Ld justice be done though the peavens fall." These words rose from the Ups of the aged patriot Uke the prayer of faith from one of heaven's anointed prophets : A sensation of horror ran through the ranks of the slaveholders : DUlett stood apparently - lost in astonishment, and aU were sUent and solemn untU the Speaker awoke members to the subject before them by declaring the gentleman from Massachusetts was out of order. The report of Mr. Adams, after occupying the morning hour for four weeks, was laid on the table by a smaU majority. 1844 "1 -^ colored man named WUliam Jones was imprisoned in the jaU at Washington under suspicion that he was a fugitive slave. He found means to send a petition to the author, stating that he was a free citizen of the United States, born in Virginia, and whUe residing in Washington City, and demeaning himself peacefully and kindly towards his feUow-men, and without any charge of crime or offence he had been, seized and imprisoned, and after considerable expense had been incurred, which he was unable to pay, he was advertised for sale to meet the costs thus unjustly incurred. He asserted that he had no owner but God, and owed no allegiance but to his cotmtry. He prayed Congress to protect him in the enjoyment of his liberty. The petition being presented, the au thor moved its reference to the Committee on the Judiciary. The presen tation of this petition from one preswmed by southern laws and southern men to be a slave created some sensation ; bnt there was no display of ruffianism on the occasion, no attempt to censure the member presenting the memorial, no display of bowie-knives, no indications of personal vio lence. Indeed, the petition was respectfuUy received, but the debate upon it was postponed untU the foUowing day, when Mr. Saunders, of North CaroUna, declared that the law in all slave States presumed every colored person a slave that could not prove his freedom : that such was the law of the District of Columbia, and respect for those laws demanded the instant rejection of the petition. To this it was repUed, that no such presumption could be just or rea sonable, or in accordance with the Constitution : that it was nothing more nor less than a mode of enslaving free persons, and was piratical THE NAVY MAINTAINS THE SLAVE TEADE. 219 in its character. Messrs. Adams, of Massachusetts; Stetsan, Davis, and Beardsley, of New York; and Giddings, of Ohio, spoke in favor of the motion, which was strenuously opposed by Messrs. Saunders, of North Carolina; Campbell, of South Carolina: Cobb and Stephens, of Georgia; McConnel and Payne, of Alabama; and A. V. Brown, of Tennessee. But the motion was sustained by a vote of 15 to 40. The committee were groslavery in character, and made no report on the memorial, which, like all others touching slavery, was entombed in the document rooms of the House of Representatives.* A debate arose during the early part of this session upon the " home squadron," which developed to the public view the employment of Uni ted States vessels in the nefarious work of pursuing and capturing fugi tive slaves who attempted to flee from Florida and from Georgia to the British West India Islands. It appeared that the administration was keepiiig this " home squadron." prmcipally upon the lookout for the re Uef of slave ships employed in transporting human cargoes around the peninsula of Florida to the New Orleans market, so that in yase of ship wreck the slaves need not be taken to British islands. Thus, while one portion of our navy was engaged in putting down the slave trade on the African coast, another portion was employed in maintaining .\t on. the American coast. This employment of our na-vy in the disgraceful work of chasing down fugitive slaves created disgust among the people, who entertained a laud able pride in the glory of our naval victories in former time's. On the same day Mr. Adams presented a petition from some two hun dred and twenty citizens of Washington County, Illinois, praying Con gress to acknowledge the Christian reUgion, by securing to the people of the United States the right to enjoy life, Uberty, and happiness. The petition excited much debate. Mr. Adams, with great force, urged that statesmen and governments were bound by the precepts of the Gospel " to do unto others as they would have others do ¦unto them," precisely as individuals in private Ufe were bound to treat thefr feUow-men. Southern members were quite indignant at the doc trine ; insisting that slavery nor the slave trade constituted a violation of the Christian religion. The petition was, after fuU debate, laid on the table. Mr. Adams also presented a petition numerously signed by citizens of New York, praying such amendments of the Constitution and laws of * Colonel Benton, In his Abridgment of Congressional Debates, passed over this entire dlscns- eion without even referring to it. 220 PETITION FOE AMENDING .THE CONSTITUTION. the United States, as were necessary to separate the Government and people of the free States from all support of slavery, which, bn motion of Mr. Adams, was referred to the Committee on the Judiciary, after full debate, by a vote of 97 to 80. From incidents which now occurred almost daily, it became evident that the twenty-first rule of the House was rapidly becommg moperate and obsolete. By repeated declarations in the House of Representatives, the pubUc mind had been directed to that feature of the Federal Constitution which gives to the people of the slave States influence in the Federal Go vernment in proportion to the number of slaves wliich they hold in bondage, countmg five slaves equal to three freemen. All saw that it did not operate in favor of the slaves, but only enabled the mas ters to rivet thefr chains more firmly. The people of the North had submitted to it quite cheerfully so long as those of the South per mitted the subject of slavery to remain without agitation ; but now they felt 1^at justice to the North required an amendment of the Constitution in this respect ; and the Legislature of Massachusetts adopted an able memorial calling on Congress so to amend the Con stitution as to give equal rights and equal privUeges to the free people of aU the States. Mr. Adams presented the petition and moved its reference to a select committee, which was ordered, after debate, and Messrs. Adams, of Massachusetts; Rhett, of South Carolina; I. R. Ingersoll, of Pennsylvania; GUmer, of Virginia; Davis, of Kentucky; Burke, of New Hampshfre; Morse, of Maine; Sample, of Indiana, and Giddings, of Ohio, were appointed, Mr. Adams being chairman. The question was important, and the proceedings of the committee were conducted with great solemnity. The arguments for and against the proposition were advanced -with much apparent sincerity, and the most perfect decorum was observed by every member. The first question propounded to the committee was on the adoption of a resolution declaring it ^expedient at that time for the House of Representatives to recommend such an amendment of the Constitution. This was unanimously agreed to : and the chairman was directed to draw up a report to that effect. This was done, and eyery member met promptly at the appointed time to hear it read. It was drawn with consummate abiUty : declaring tbat the provision of the Constitution which gives the enslavers of mankind superior influ ence and superior privUeges in the Government to those enjoyed by the A CHEISTIAN GOVEENMENT. 221 scpporters of Uberty " is opposed to the vital principles of repubUcan representation ; to ' the self-evident truths ' of the Declaration of Inde pendence ; to the letter and spfrit of the Constitution itself ; to the letter and spirit of the constitutions of almost aU the States of the Union ; to the liberties of the whole people of the free States ; and to all that portion of the people of the slave States other than the owners of slaves ; that this is its essential and unextinguishable character in principle : and that its fruits in its entire practical operation upon the Govem¬ment correspond ¦with that character." Tiiese propositions were enforced with all that logic and terseness of expression for which its author was distinguished. He then proceeded to show that "the self-evident truths" of the Declaration of Indepen dence were nothing more nor less than the essential doctrines of the Gos pel, which teach that equal justice to all men should govern the conduct of every individual, whether acting in a private or pubUc. capacity : that this principle constitutes the chief corner stone of all republican govemments, as weU as of all Christian organizations. The report asserts that " the Declaration of Independence constituted a sacred pledge in the name of God, solemnly given by each State, to ABOLlSH SLAVERY SOON AS PRACTICABLE, AND TO SUBSTmjTB FREEDOM IN ITS n.ACE." It asserts that slavery is opposed to aU the teachings of the Gospel ; is at war with God's attribute of jnstice, and should be eradicated from the earth.* It was at once seen that whUe Mr. Adams agreed that the time for recommending a change of the Constitution had not arrived, yet the doc trines enunciated and the process by which he arrived at his conclusion were iu aU respects calculated to arouse a spfrit in the American people that would be likely to effect that change at some future day. Mr. Adams and the author signed this report : while Messrs. Morse, Sam ple, and Burke each drew his own report. Messrs. Davis and Inger soU signed another, and Messrs. GUmer and Rhett another. They are not diffusive, but in the aggregate they constitute a volume which may weU. interest the student of our political history. The memorial and resolves of the Legislature of Massachusetts were also presented in the Senate, where they were denounced " as resolutions to dissolve the Union :" and the usual courtesy paid to resolutions of State Legislatures was refused : they were laid on the table, but the motion to priiit them was rejected. • This Is beheved to be the first official document placed in the national archives after the peti tion of Dr. Franklin In 1T90 which in loords asserts that reUgious truth constitutes tho basis of huTTutn governments. 222 CUBAN PIRATES TO BE- COMPENSATED. A few days subsequently Mr. Berrien, of Georgia, presented resolu tions from that State in opposition to any change of the Constitution which might take from the slave States the right of slave representation. These resolutions were respectfully laid on the table a,nd ordered to be printed.^ Mr. Bates, Senator from Massachusetts, caUed attention to this difference in the respect shown to different States ; but neither he nor any other Senator proposed to correct the gross insult thus offered to the State of Massachusetts. ^g^, Tbe cfrcumstances relating to the slave ship "Amistad" and the captives on board, were laid before the reader in a previous chap ter. But at this session, Hon. Charles I. IngersoU, of Pennsylvania, chairman of the Committee on Foreign Affafrs, made a long report, assaiUng the decision of the Supreme Court declaring those Africans free, and recommending an appropriation from the pubUc treasury of fifty thousand dollars to compensate the Cuban slavedealers for the loss of thefr victims. Ha-sing made the report, he moved to print ten thou sand extra copies to be cfrculated among the people, with the obvious intention to prepare the pubUc mind to support the slave trade. The author opposed the motion ; and endeavored in a short speech to demon strate Mr. IngersoU's errors of fact and of law ; and to hold up his poUcy to the odium 'of the country. Mr. Giddings stated that as a na tion we had pronounced those engaged in the slave trade " pirates " un worthy to live ; but he denied that they were more guUty than those members of Congress who encouraged their accursed vocation ; or those who attempted to reconcUe the pnbUc conscience to that aggregation ot aU the baser crimes which disgrace human nature. The author's friends were alarmed at the severity of his remarks ; but he "was perfectly aware that Mr. Adams would reply to Mr. IngersoU ; and would not faU to vindicate his position. Mr. IngersoU himself appeared to understand, that the man whom he most dreaded woidd foUow him : for, instead of attempting to answer the remarks of Mr Giddings, he yielded the floor to Mr. WeUer, of Ohio, who moved to . lay the motion on the table ; and Mr. IngersoU himself voted to con sign his own motion to that common receptacle of discarded proposi tions. The address of the twenty members of Congress, to the people of the free States, mentioned in the preceding chapter, caUed up the attention of the Mexican government to the conspiracy then bemg formed in the United States for dismembering that RepubUc. The Mexican Executive, on receipt of this intelUgence, notified the President that Texas was a revolted province, which the government of Mexico w^ endeavoriijg SENILITT EEVEEENOED. 223 t to bring back to its aUegiance by force of arms ; and that its annexation to the United States tnust of necessity carry with it the state of hostili ties in which Texas was engaged. The President, in the meantime, proceeded with aU possible activity to arrange and perfect a treaty of annexation with the authorities of Texas. This was of course unknown to the people of the free States nntU it had been signed. Nor did the President in his* Annual Message intimate such intention ; but referred to the notice which the Executive had received from the govemment of Mexico, in regard to existing hostUities between her and Texas, and spoke of the action of the Mexi can govemment as founded upon " newspaper reports ;" whUe at the same time he entered upon an elaborate argument in favor of the propbsed annexation, asserting, that it would not disturb ihe peaceful relations then existing between 'Mexico a/nd ihe United States. But the address of Mr. Adams ¦ and other members of Congress had gone forth to the people, -was yet before the pubUc, and it was deemed necessary to counteract the impression which it was appasently making upon the pubUc mind. Immediately on the ap pearance of that address, Hon.. Aaron V. Bro-wn, of Tennessee, wrote General Jackson upon the subject, asking his .opinion of the policy. The venerable ex-President had in former times been the acknowledged oracle of the democratic party ; bnt was now spending the fading twilight of his earthly existence at the Hermitage in Tennessee. Understanding what was wanted, he -wrote Mr. Bro-wn, urging the immediate annexation of Texas, lest Fngland should obtain it, and saying, "it wUl be a strong iron hoop around the Union, and a bul wark TO HOLD rr TOGETHER ;" and this utterance of seniUty, without fact, argument or reason to sustain it, was pubUshed to the world, under the democratic announcement " that it was a legacy of the greatest Uving statesman, permitted by Heaven to advise his countrymen in the hour of their necessity." But this dictum of mental decrepitude had far greater effect among the southern Lazaroni who could neither read nor write, than it had among the educated laborers of the free States, where many of the democratic party hesitated, and some refused to foUow the suggestions of thefr southern leaders. To reconcile conflicting opinions, it was proposed to adopt the general policy, of obtaining territory wherever it was to be had ; and as we were holding a joint occupation with the British government of Oregon, a fair opportunity was presented for extending our exclusive jurisdiction 224 TEEATT WITH T;EXA8. over it. This proposition appeared to reconcUe most northern Democrats to the policy of annexing Texas.* The Executive therefore renewed diplomatic correspondence with the British government for the settlement of our territorial boundaries in Oregon. FeeUng somewhat bound by the action of Mr. Van Buren, his predecessor, he proposed to establish the line upon the 49th parallel of latitude ; but the proposition was rejected and the negotiation failed. With Texas the President was more successful. The Mexican gov ernment had entered a d«cree abolishing slavery in all its intendancies : to resist this progress of civiUzation, adventurers from our slave States, had gone to that territory and raised the standard of resistance. For years they shed their blood, and spent thefr substance in efforts to con tinue the barbarous institution of African bondage ; and now were not unwilUng to have the United States fight their battles and defray the expenses of the further prosecution of this war for slavery. Preparatory to entering upon the subject, the President had dismissed Mr. Webster from the office of Secretary of State, and appointed Mr. Upshur, of Vfrginia, and upon his death, had placed Mr. Calhonn in that important position, with the apparent purpose not only of secur ing the annexation of Texas, but at the same time to obtain the confi dence of the democratic party, to whom he now looked for a reelection to the Chief Magistracy. jg^ Under these cfrcumstances, he easily effected such a treaty as he desired, and in due season transmitted it to the Senate for ratification, feUcitating himself -with the expectation that a lasting fame would attach to this addition of a vast territory to our Union. But this contest for anticipated glory was subjected to unexpected difficulty. Mr. Benton of the Senate resisted the approval of the treaty. He had been the early and distuiguisted friend of Texas, but he de nounced the injustice of maMng the Rio Grande the southern and western boundary of that Stq,te, as it would embrace a large part of New Mexico, including " Santa F6 " its capital, as weU as large por tions of Chiuaiua and CoahuUa, -with some of their most populous towns and villages, and more than two hundred thousand square mUes of territory to which Texas had no claim whatever. And secondly, he insisted that as Texas was engaged in civil war with Mexico, the Senate did not possess the constitutional authority to involve the nation in that war by annexing Texas to the Union. These objections prevaUed, aud the treaty was rejected. * This statement Is founded upon the assertion of leading Democrats made in public debate on the Oregon question during the first session, twenty-ninth Congress. ME. WEBSTEE AND THE WHIG PAETY. 225 But the President, apparently undismayed, intently pursued his pur pose. Soon as the Senate rejected the treaty, he transmitted a message to the House of Representatives stating such rejection and urging upon that body the great importance of uniting Texas to the Union ; suggested that it might be affected by joint resolution, which could pass the Senate by a bare majority, while it requfred two-thirds to confirm the treaty. From this time untU the close of the session the annexation of Texas was debated, both in the Senate and House of Representatives. The documents, including aU the correspondence on the subject, had been transmitted to the Senate -with the treaty, and were published by order of that body. Leading members of the democratic party sustained the positions assumed by the Executive, that it was necessary to unite Texas to the Union in order to preserve slavery therein ; that unless annexed the institution would be blotted from existence ; and the emancipated popu lation of Texas would endanger the mstitution in the United States. They boldly insisted that the Constitution hUd "guaranteed slavery to the South," and quoted the letter of Mr. Webster, to our Mmister at London, heretofore noticed as high authority on the subject : and the doctrine enunciated in the resolutions of Mr. Calhoufi in the Senate of 1840, for which Mr. Webster and other Whig Senators dared not vote,... and had not the manliness. to oppose, were now quoted as precedents of high authority ; inasmuch as they had been subsequently referred to by distinguished statesmen, in order to sustain the coastwise slave trade. To discard these doctrines would constitute a repudiation of Mr. Webster, and must offend his personal friends and adnurers : to sustain them would of course drive from the party all who believed the Govern ment and Constitution were ordained to sustain freedom. The highest poUcy of the whig party, consisted in suppressing, so far as possible, all exanaination of Mr. Webster's opinions on this and kindred subjects. The presidential election was approachmg. Mr. Webster ~g^ was an aspirant for that office. Mr. Clay was also looking for the nomination of the whig party. He was a slaveholder, and it was perfectly apparent that the assertion of any prunal truth, or elementary principle of government, would divide the whig party. That organization now found itself paralized by the doctrines of Mr. Webster, and the condition of Mr. Clay ; and thefr faUure in the approach ing canvass was foreseen by all reflecting statesmen and politicians. The real position of Mr. Adams and the author became obvious. Mr. Giddings continued to adhere to .the whig party, and unhesitatingly 15 226 ME. Benton's plan foe annexation. announced his own doctrines as those of that organization. He avowed his determination to oppose any candidate who would involve the people of the free States m the support of slavery, or of the coastwise slave trade. Mr. Adams, however, continued to maintain an entire independ ence of all poUtical parties, laying down no specific platform of poUtical faith, but sustaining or objecting to measures as they came before him for official action. 1844 1 ^^- Benton had introduced a biU into the Senate providing for the annexation of Texas ; and in urging its passage he enter ed upon a history of the efforts put forth to obtain the treaty of annex ation, and assuming to himself the principal merit of the preparatory movements, denounced Mr. Brown, of Tennessee, with "ha-ving been charged with some vicarious enterprise against him" when addressing General Jackson on the subject : And for a time the course of Mr. fenton appeared likely to defeat the entfre object.* But the leaders of that party wer-e usnaUy fortunate in avoiding aU • difficulty arising among its members. Mr. Van Buren had been the candidate of the party, and was defeated in 1840. He was an able man and had ever yielded to the interests of the South ; but unfortunately for himself, had expressed an opinion that the Constitution had made no provision for annexing a foreign government to ours. It therefore be came necessary to overcome the influences which were operating m favor bf his nomination : to reconcUe these conflicting interests required the exercise of all the tact and skUl of the slave power. The Legislatures of Mississippi and of other democratic States adopt ed resolutions in favor of imiting Texas to the Union. Memorials, from the people, and proceedings of primary meetings in favor of that measure, were forwarded to Congress, and " annexation" became the watchword of the party : And no man was regarded as in full fellowship, and en titled to its confidence unless he were able to pronounce that " Shibokth" of the slaveholders. The parties held their nominating conventions in the month of May, and the Democrats announced thefr intention to obtain Oregon and Texas as a part of their distinctive policy ; and nominated Hon. James K. Polk, of Tennessee, as their candidate. The Whigs, as was expected, nominated Mr. Clay as their leader ; but neither party proclaimed any moral truth or essential principle as the basis of thefr claims for sup port. * Many believed that Mr. Benton, as weU as Mr. Tyler, aspired to the office ot President, upon the fame which was then expected by him who should exert the most efficient means for bringing -in Texas as one of the States of tbe American Union. DIFFEEENT CONSTEUCTIOjre OF THB CONSTITUTION. 227 And now " the Lone Star of Texas " was seen on every flag of the democratic organization. In the North, " Oregon" was proclaimed as an object of poUtical desfre ; while it was but seldom if ever named in the South. But the doctrines of Mr. Calhonn, endorsed by Mr. Webster, were urged by pubUc speakers at every convention of that party. Northern Democrats now listened to pubUc speakers in the northern States, who reiterated the doctrines avowed by Mr. Calhoun and repeated by Mr. Webster, " thai the Constitution had guaranteed slavery to ihe South." In this way the democracy of the North were educated and „^^ instructed in the belief, that the people of the free States were ' under constitution^ obligations to sustain slavery and the coastwise slave trade. Nor was this education confined to the democratic party. Whig presses proclauned Mr. Webster to be " the expounder of the Constitu tion :" They insisted that the people were bound to adopt the views of distinguished men as the doctrines of the Constitution. PubUc speakers ridiculed the idea that men in the ordinary walks of life were capable of understanding that instrument, and they insisted that the Supreme Court of the United States constituted the tribunal of dernier ressort for construing the Constitution ; and . that their decisions were binding upon all departments of the Government and upon the people. The anti-slavery men insisted that the signers of the Declaration of Independence and the framers of the Constitution intended the Govem ment should uphold liberty and not slavery: That those instruments were framed for that purpose, and that the people had a perfect right, and it was thefr duty to elect to office men who" would -wield the influence and power ofthe Govemment for freedom and justice, and against slavery and oppression : That the people, having framed the Constitution and having adopted it, possess the sole power to change or alter it ; may elect to office men who hold to the popular construction of that instrament ; and that such officer when elected, would, in good faith and honor, be bound to carry dtit that constraction on which he had been elected : That the Presi dent may be elected for the reason that he differs from the Supreme Court ; and when elected he would be bound to appoint judges who agreed' with him m doctrine, whenever vacancies occur ; whUe the judges of the Court are bound to give that constraction which thefr judgments dictate, and thefr "final decrees are binding only upon parties, and upon privies in interest and privies in blood. The Whigs lost much influence by efforts to sustain thefr position, the popular mind being against thefr doctrme. 228 BLAVEHOLDmO DOCTEINES EXPOSED. But the author having been publicly censured in Congress for deny- 1844.1 ^°S t^^* ^^7 right existed in the Federal Govemment to involve the people of the free States in support of the slave trade, or slavery, and having been specifically instructed by his constituents to maintain this position, he felt neither hesitation nor delicacy in carrying out his instructions ; and perhaps he can give no better description of the spirit in which his doctrines were asserted, and that In which they were received, ' than by the following extracts from a speech delivered on the 21st of May, 1844 : " Mr. Giddings said, I feel constrained, Mr. Speaker, to bestow a passing notice upon the position assumed by the advocates of annexation, that the'Federnl Gov ernment has guaranteed slavery io ihe southern States of this Union. With aU due respect for thefr talents and learning I may be perinitted to deny that any guaranty whatever in regard to slavery is found in the Constitution I When the gentleman from Alabama (Mr. Belser) asserted this doctrine the other day, I inquired where it was to be found ? He first said he found it in common sense ; but not satisfied with that reference, he said it was found in common justice ; but finally said it was in the Constitution I I inquired in what part of the Con stitution ? He repUed that he had not then time io find it ! I wUl now pause that he may inform the committee of the' section and article in which it may be seen ? (Mr. Belser sat in sUence in his seat, and after a pause Mr. Giddings continued.) " I was fuUy aware when I propounded the question, that he had not time then to find this important guaranty : I was conscious that he would not have time during the hour allotted me to find it. And now I say to the gentleman aiid to this committee that his lifetime will be too short f(ifi/ad it ; nay,. Mr. Chairman, eternity wiU not disclose ity for rr DOES NOT EXIST. Yet, sir, this senseless jargon ; this constant repetition concerning the 'constitutional guarantees of slavery' is daUy soundmg in our ears. . It is put forth by men of character, and those high m office. Sir, I take this occasion to repeat my assertion that no such stipulation exists or ever did 'exist in that instrument. And standing here in the presence of so many learned and able statesmen of the South, many of whom have repeated the unfounded assumption, I now caU upon any one or all of them to refer me to any such covenant or stipulation in the Constitution ! " Mr. Brengle, of Maryland, stated, that at the formation of the Con stitution slavery existed m most of the States, and slaves were regarded as property, and in that light were the subject of protection as much as other property. GUAEANTT OF 6LAVEET EEFUTED. 229 Mr. Giddings. " WUl the gentleman point'me to the section in which I may find this guaranty ?" Mr. Brengle. " I don't refer to any section in particular, but to the whole instrament." (Laughter.) Mr. Giddings. "WeU, Mr. Chafrman, I have finally chased this notable guaranty into the region of southern abstractions; but, I declare, I never came so near finding it before. (A laugh.) But the gentleman is entfrely mistaken when he supposes that the convention which framed the Constitution regarded slaves as property. That instrument, in every instance in which it refers to slaves, characterizes them as ' pevsons,' and 'not as property." Mr. Belser was a young member, and appeared somewhat mortified at having advanced doctrines for which he could give no auiiiority. But other southern members appeared to expect that the author would not act with the whig party, and they appeared desirous of hastening a sepa ration between him and that organization. In a subsequent part of the same speech the foUowing extract may be found : " Mr. Belser, of Alabama, said he desfred to put a question to the gen- man from Ohio. " Mr. Giddings. ' My time is fast spendmg, but if the gentieman will be brief I will hear- him.' " Mr. Belser. ' I wish to inquire if the gentleman from Ohio wUl vote for a slaveholder at the coming presidential election.' " Mr. Giddings. ' I should be led to think from the question that the gentleman propounding it would not vote for a man who is opposed to slavery. I have stated, Mr. Chafrman, that your rights and mine were perfectly mutual. The great and leading feature of our national compact is a perfect reciprocity of political rights among the several States. ... I verily beUeve that Mr. Clay will administer the government (if elected) with a strict regard to the constitutional rights of all the States. This he stands pledged to do ; and a long life of public service bas given me and the public satisfactory evidence that he wiU wipe out the foul disgrace already brought upon our national cha racter by attempting to make slavery and the slave trade subjects of national support.' " In a subsequent portion of the speech reference was made to Mr. Cal houn's letter to Mr. Packenham as foUows : " I am anxious to say a word in relation to the correspondence between the Secretary of State and the British Minister resident in this city. I refer particularly to the letter of Mr. Calhoun to Mr. Packen ham, dated on the 18th of last month; and, Mr. Chafrman, I feel humbled, 230^ CONFLICTING VIEWS. as an American citizen, wHen compelled to speak of that letter, in which the Government and people of this nation are represented as soUcitous to continue slavery in Texas, and to oppose the progress of freedom in that government. Sir, for himself, and for the Executive, he was autho rized to speak ; but for the -Government, at least for the legislative branch of it, he was not authorized io speak. Sir, the representation that this legislative body was desfrous of opposing, the progress of civil Uberty I believe to be unfounded and untrue. For myself, as one ofthe members of this branch, I declare it a misrepresentation. So far as that letter imputes to the people of the free States, a desfre to oppose the progress of human rights, and to extend and perpetuate slavery and the slave trade, I regard it as a base slander upon northern character. " Mr. Burt, of South Carolina, wished to interrapt the gentleman from Ohio. " Mr. Giddings. ' I have but a minute pr two left, and I want to say many things.' " Mr. Burt. ' I want to know if the member from Ohio meant to say that the Secretary of State has done, or is capable of doing, anything base V " Mr. Giddings. ' I am a little surprised at that question.' " Mr. Burt (much excited). ' That was your language.' " Mr. Giddings. ' Mr. Chairman, I hardly know how to understand this southern dialect! " Mr. Burt (amid cries of Order, and the rapping of the chairman's gavel). ' Do you understand your own language ?' " Mr. Giddings. ' If gentlemen wiU keep cool untU I get through, I wUl then answer all the questions they may propound to me. --I had remarked, sir, that so far as the letter in question imputes to the people of the free States a desire to maintain a traffic in humam flesh, and the curse of slavery, so far I regarded it a base slander upon the northern cha racter ; and I would repeat the idea in more forcible language if I could command it. I deny that any such feeling exists north of Mason and Dixon's Une, and I characterized the assertion as basdy slanderous! " These are given as specimens of the spirit in which the debates of that day were carried on. A distinctive feature in the policy of the slave power consisted in maintaining that whatever Congress had done might be done again with propriety. In short, the devotees of slavery insisted that the past action of Congress constituted precedents binding upon statesmen and ¦¦' people of that day. To this it was replied that northern states- • men had surrendered northern rights and northern honor at the dictation ME. clay's OPINIONS. 231 of southern men. For this, the statesmen who had done it, were responsible. They admitted that Mr. Calhoun had, in 1840, intro duced resolutions into the Senate revoltmg to humanity ; that northern Whigs dared not vote for them ; that they were destitute of that manly independence which should have stimulated them to resistance. But who would now admit that northern statesmen or people were bound- to involve themselves in the damnmg iniq'uity of maintaining a commerce in human flesh ? The men who committed that outrage were responsible for thefr action, while those of the present day must act for themselves, and are alone accountable for their own conduct. The idea that the framers of the Constitution had authority to compel men of that or a subsequent generation to support a traffic in " God's image" — to murder or enslave colored men, was abhorrent to every principle of Christianity. That the framers of our Govemment had declared its object was to secure aU our people, black and white, in the enjoyment of life and liberty : That neither God nor mankind had given to any government legitimate authority to invade these rights of men to life, or to that Uberty which was necessary to sustain life. Mr. Clay was desirous of obtaining the nomination of the whig party for President. With that view he spent the winter of 1843-4 in New Orleans. On his way to Washington, in April, he made a speech at Raleigh, North CaroUna, at the close of which he stated a synopsis of what he regarded Whig faith ; by the 9th article of -which he declared it to be " ihe duty of each State to sustain its own domestic institutions!' Thus Mr. Clay in few words expressed the precise doctrine for which the anti-slavery men were contending. It was plain that if South Caro lina were bound to sustain her own slavery she could have no claim npon the Federal Government to do it. He soon came on to Washington, and to northern and southern men he asserted that the doctrines avowed in the essays signed " Pacificus," -written by the author and pubUshed in 1842, contained the correct doctrines on which the Government had been founded. This avowal, in bold and dfrect language, was indeed more than anti-slavery men had expected. On this account, leading friends of Uberty avowed thefr confidence in Mr. Clay, and desired his election. The people of Kentucky caused another edition of his speech at Raleigh to be prfrited, leaving out the synopsis of Whig faith. With this his anti-slavery friends at the North were dissatisfied. The author wrote Mr. Clay on the subject, and in due course oif niaU received a letter from that distinguished gentleman, declaring _ that the edition of his speech pubUshed at Lexmgton had been brought out without his knowledge or consent ; but the doctrine which he had asserted was correct, and he 232 DEFEAT OF ME. OLAT. would soon find an opportunity of reiteratmg it. Accordingly, on the 2d September, the " Lexington Observer " contained a letter from Mr. Clay, in which that gentleman asserted, fri nervous language, that " the maintenance, the continuance, the existence of slavery depends exdusiveiy upon the power and authority of the States in which it exists." ¦ No issue could have been more dfrect and obvious than that formed by this letter, and the resolutions adopted in the Senate, on motion of Mr. Calhoun, in 1840. This exclusion of the free States and the Federal Govermnent from the support of slavery was the very object for which Mr. Adams and the author had so long labored and striven. But when southern men called on Mr. Clay to avow his senthnents in regard to the annexation of Texas, he answered so evasively, and mani fested so Uttle opposition to that outrage, that anti-slavery men abandoned him in such numbers as to occasion his defeat rather than incur the responsibility of st^porting him. THE admission OF TEXAS PJIOPOSED. 233 CHAPTER XV. annexation of TEXAS SLAVEHOLDING -VULGARrTY IN CONGRESS — POWERS or A REPUBLICAN GOVERNMENT TO ENSLAVE INNOCENT PERSONS ASSEETED. At the reassembUng of the twenty-eighth Congress for its ^g^^ second and closing session, slaveholding members and those who sympathized with them appeared perfectly confident that the democratic party would resume permaneilt possession of. the government on the 4th of March following, when Mr. Polk should enter upon his executive duties. Joint resolutions were introduced in both Houses at an early day, proposing- the admission of Texas as a State to the American Union. Conscious that it had become a party measure, a committee was ap pointed by a whig caucus, to ascertain the views of each member and make report at a subsequent meeting. The committee reported that a inajority of more than thirty members of the House of Representatives avowed their determination to oppose the annexation by aU the legitimate means in their power. But members of experience declared, they had no confidence in those Democrats who professed opposition to any measure favored by a democratic President. • As the debate on the resolutions continued, members who had ..j^^ declared their opposition to the measure began to falter, and soon as the President .elect reached the city preparatory to assuming official duties, the change of opinion became obvious, and before the vote was taken it was weU understood that a large majority were in favor of the measure. Of the several propositions offered for annexation, that presented by Hon. MUton Brown, of Tennessee,- was adopted, sent to the Senate, where it was amended and returned to the House, asking concurrence in ' the amendment. On the 28th February the vote was taken, and showed, that 132 members were in favor, and tS against the bUl as it came from the Senate, and it became a law. The member^ from the several States voted as follows : Maine. Yea — Messrg. Dunlap, White,' Hamlin and Cary . . 4 Nay — Messrs. Morse and Severance 2 234r THE VOTE ON ANNEXING TEXAS. New Hampshire. Yea — Messrs. Burke, Norris, and Redding , 3 Nay — Mr. Hale 1 Massachusetts. Yea — Messrs. Parmenter and WilUams ... 2 Nay — Messrs. Adams, Winthrop, King, Abbot, Hudson, Baker, Rockwell, and Grinnell 8 Rhode Island. Nay — Messrs. Cranston and Potter .... 2 Connecticut. Yea — Messrs. Seymour, CatUn, Stewart, and Simons 4 Vermont. Nay — Messrs. CoUamer, Foot, and Marsh .... 3 Not voting — Mr. DUUngham. New York. Yea — Messrs. Strong, Murphy, Maclay, Leonard, Anderson, Russell, Seymour, Pratt, ElUs, Stetson, Ben ton, Hungerford, Carpenter, Carey, Purdy, Robinson, Wheaton, Rathbun, Dana, and HubbeU 20 Nay — Messrs. Phoenix, Davis, Barnard, Rogers, King, Green, Patterson, Carrol, Tyler, Morely, Smith, and * Hunt 12 New Jersey.- Yea — Messrs. Sykes, Farlee, and Kirkpatrick . . 3 Nay — Mr. Wright i . . 1 Not voting,— -Mr. Elmer. Pennsylvania. Yea-^Messrs. Smith, C. I. IngersoU, Yost, Ritter, Brodhead, Bidlach, Fuller, Black, Poster, and Hayes 10 Nay — Messrs. Morris, Jenks, Mcllvain, Brown, PoUock, Ramsey, Irwin, Stewart, Dickey, Darragh, Reed and Buffington 12 Not voting — Messrs. J. R. IngersoU, and Ness .... 2 Delaware. Not voting — Mr. Rodney. Maryland. Nay — Messrs. Causine, Brengle, Wethered, Ken nedy, Preston, Lucas, and Spence 1 ViEGiNLi. Yea — Messrs. Atkmson, Dromgole, Coles, Hubbard, Bayley, Taylor, Chapman, HopMns, Steinrod, and Lucas 10 Nay — Messrs. Goggin, Newton, Chilton, and Sununers . 4 North Carolina. Yea — Messrs. Reid, Saunders, McKay, Daniel, and Arrington 5 Nay— Messrs. Barringer, CUngman, Deberry, and Raynor 4 Tennessee. Yea— Messrs. Andrew Johnson, Cave Johnson, Senter, Blackwell, CuUom, Jones, A. V. Brown, and Dickinson , ' g Nay — Messrs. Milton Brown, Ash, and Peyton .... 3 Kentucky. Yea — Messrs. Boyd, Caldwell, French, Tibbatts, and 'stone 6 CONTEMPLATED EESUXTS OF ANNEXATION. 235 Nay — Messrs. Green, Grider, Davis, and White ... 4 Not voting — Mr. Thomason ' . . 1 Ohio. Yea — Messrs. Duncan, WeUer, Potter, St. John, Mc- Dowal, Brinkerhoof, Morris, McCausUn, Mathews, and Dean 10 Nay — Messrs. Schenck, Vance, Vanmeter, Vinton, John son, Tilden, Giddings, HamUn, Florence, and Harper . 10 Indiana. Yea — Messrs. Owen, Henley, Thomas Smith, Brown, Davis, Wright, Petit, and Kennedy 8 Nay — Messrs. Caleb B. Smith and Sample 2 Illinois. Yea — Messrs. McClernand, Smith, FickUn, Wentworth, ¦ Douglas, and Hogue 6 Nay — Mr. Harden 1 The following States voted unanunously for armexation, to wit : South CaroUna, Georgia, Alabama, Mississippi, Arkansas, Louisiana and Michigan. It was eight o'clock in the evening when the final vote was taken. No sooner had the Speaker announced the result than cannon upon the terrace west of the Capitol sounded forth the triumph : Imme diately bonfires lighted up the city, and the sound of revelry and drunkenness was heard and seen in its various localities. Northem Democrats and southern slaveholders rejoiced at a result which they beUeved would place them in undisputed control of the government. Members from the slaveholding States were rejoicing in the anticipated profits which they expected to reap from the mcreased price of human flesh. Pensively and alone the -writer walked to his lodgings. Never before had he viewed his country as he then saw it. The exultation of slave- breeders and slavedealers, at thus controlUng the Congress of the United States, constituted a spectacle that he had not expected to witness. The barbarous war, the bloodshed, the devastation, the corruptions, the civU war, which resulted from this triumph of the slave power, were at no subsequent period of his life more -yividly before his mind than they were that evening, whUe alone in his room, contemplating the results that would naturally follow the action of Congress on that sad day. The subject had occupied much time in the Senate, but the joint resolution, as it finaUy passed the House of Representatives, was adopted by vote of 21 to 25. The following Senators from the free States voting in the affirmative, to -wit : Messrs. Fafrfield, of Maine ; Atherton and Woodbury, of New Hampshfre ; NUes, of Connecticut ; Dickinson, of New York ; Buchanan and Sturgeon, of Pennsylvania ; AUen and 236 MEMBEES ABANDON THE PAETY. ' Tappan, of Ohio ; Hannigan, of Indiana ; Sample and Breese, of Illinois. While Messrs. Archer and Rives, of Virginia ; Bayard and Clayton,- of Delaware ; Berrien, of Georgia ; Crittenden and Morehead, of Kentucky; Pearce, of Maryland, and Mangum, of North Carolina, voted in the negative. It had been expected that no Whig would vote for the measure, and that many Democrats -^ould vote against it. But this expectation failed ; some Whigs voted for, and some Democrats against it ; but the result approximated very closely to a strict pa,rty division. The demand, however, thus made by the slave power upon its " northern aUies " was too great. Many leading members of the demo cratic party could not reconcile their judgments, or consciences,, to the measure. Having voted for the annexation of Texas, they refused to go farther, and after some Uttle hesitation abandoned the party forever* : and this measure, which the leaders of the democratic party had supposed ordained unto life, they found directly tending to political death ; and many servile poUticians who sought to save their Uves by thus subserving the interest of slavery, lost their political existence. Early in the session, Mr. Adams gave notice of his intention to move a recision of the twenty-first rule of the House. For ten years he had striven against this plain violation of the people's rights. . Ably and persistently he maintained an open and undisguised warfare upon this * Of those referred to in the text Hon. Jacob Brinkerhoof, of Ohio, was an example. He was opposed to the measure from the first ; but from the solicitude of friends, was prev^ed upon to vote for concurring in the Senate's amendment. With this he appeared dissatisfied, returned home, and declined further action with the party, and at the formation of the republican organization consti tuted one of its active members, was elected a judge of the Supreme Court of his State, where he acquired reputation as an able jurist, and at the tame of writing this note, in 1862, he was em. ployed in the discharge of tbe duties of that honorable position. Hon, John P. Hale was a democratic representative from the State of New Hampshire, a State more devoted to the interests of slavery than any other of the North. He had been nominated at a State Convention for a reelection to Congress : but the same Convention adapted resolutions in favor of annexing Texas to the Union. Mr. Hale declined the nomination, voted against the annexa tion of Texas, returned to New H-ampshire, appealed to the people of that State to maintain their right to be exempt from the expense, the disgrace and crime of supporting slavery and the slave trade, was elected to the House of Representatives of that State, was made Speaker of that body, then elected to the Senate of the United States ; and in the short space of two years New Hampshire inscribed her name on the roll of free States, and up to the time of writing this note she has maintained the position thus assumed : and Hale is still one of her representatives in the most august legislative body of the world. Hon. Preston King, of New York, had been a Democrat up to the consummation of the Texas outrage. From that time he acted for fi-eedom, calmly, firhily, and steadily. He was several times reelected lo tbe House ot Representatives, and thence to the Senate of the United States, where be now, at the time of writing this note, Is doing honor to the cause for which he has so long labored, and to the State which has honored him with her confidence. But many otber citizens of distmction in the free States, who had long been members of the demo cratic party, abandoned It at the passage of the joint resolutions for admitting Texas. GAG-EULE EESCINDED. 237 infraction of the Constitution. In doing this he had bared his breast to the shafts of calumny. For ten years the storm of slaveholding persecu tion had raged around him. Slaveholders and Democrats had raUed against him in vain : the day of his triumph had now. fuUy come. His motion to strike that disgraceful rule from thje manual was sustained by a vote of 108 to 80. Of the host of members whom he often characterized as " the Swiss- guards of slavery, fighting for pay," only the foUowing now voted against rescinding the rule, to wit : New Hampshire, New York. pennsylv.ania. Ohio. . . Indiana. . Illlinois. . Messrs. Redding, Norris, and Burke, .... 3 " -Murphy and King, 2 " C. I. Ingersoll and Smith, 2 " Matthews and Stone, 2 " Brown and Davis, 2 " Smith, FickUn, and Hogue, .... 3 being fourteen in aU thd free States. Messrs. CUngman and Deberry, of North Carolina ; Wethersed, of Maryland ; and White, of Kentucky, voted for the repeal of the obnoxious rule. Mr. Adams had devoted his energies, to the maintenance of .jg^ the right of petition, the author had labored to restore the free dom of debate : and the restoration of these rights constituted the first surrender of the democratic party, to the popular feeling of the north ern States ; and, in that point of view, marked an era in " the regime of slavery." Yet it should be borne in mind, that while the House of Representatives thus ostensibly gave back to the people thefr constitu tional right of petition, they had recourse to an expediency even more dishonorable. Annually, when the Speaker arranged the committees, he was careful to place a majority of pro-slavery members on each, so that petitions, in regard to " the peculiar institution," sent to them, were retained in sUence untU the close of the session, when they were entombed in the archives of the House, from which there was no resur rection . But although there was no longer any rule of- the House restricting debate or the right of petition, in regard to slavery, there was a very general effort among slaveholders' and northern pro-slavery members of both the whig and democratic parties to render the exercise of these rights odious, by stigmatizing those who practised them as " agitartors," " aijolitionists," and the use of other unmeaning epithets. To expose these efforts, the writer often referred to some disgraceful cfrcumstance connected -with slavery, whenever he spoke of the instita- 238 SLAVEHOLDING EIBALDET. tion ; and thus, while its supporters were assaiUng him personally, he endeavored to exhibit to the public view the barbarism and corruption which they were seekfaig to hide from the people. An incident occurred, on the 6th February, which may give the reader some idea of the spirit manifested on this subject. The author was addressing the Committee of the Whole House, ,on the MU making appropriations to carry out our treaty stipulations with the Indian tribes ; and for the purpose of exhibiting the corrup tion, the base purposes of the treaty of " Indian Spring," he referred to historical facts with which the reader was made acquainted m a for mer chapter, in regard to the claim of certain slaveholders of Georgia, who, after receiving one hundred and nine thousand dollars as a compen sation for their fugitive slaves, demanded one hundred and forty-one thousand more as a compensation for the offspring, which the females would have borne to their masters, had they remained in bondage. And, he add ed. Congress actually paid, mostly from the pockets of northern laborers, that large sum, as a compensation for children who were never born, but who might have been, if their parents had remained faithful slaves. 1845 1 ^^^ remark called forth some laughter, which appeared to irri tate members from the .South, who began to manifest great in dignation. Mr. Giddings at once began to 'make S mock apology, expressing regret that these things existed ; but as they did exist, it be came his duty to make them known, whUe he had no word of censure for those who sought to erase these transactions from the historic record. Mr. Black, of Georgia, obtained the floor to reply, and was immediate ly surrounded by southern members. His vulgar abuse was sb gross, so obscene, that no reporter attempted to repeat his language. Nor did they even refer to some of his prominent ideas. Much less can the his torian place them on record, at this day. Mr. Black has been caUed to his final account ; most of those who stood around, encouraged and prompted him on that occasion, are no longer inhabitants of earth. During the seventeen years that have passed since that day, the storms of Ufe have beaten severely upon him who pens these pages ; yet, duty to all, require that some of the leading points of Mr. Black's speech should be stated. He referred to the insmuations, that Mr. Giddings was interested in the horses and team which one Torry lost when attempting to aid negroes to escape ; said that Torry had died in the penitentiary ; that the author ought to be there ; that if the House could decide the question, he would be sent there at once ; declared that Mr. Giddings had violated the law by franking through the post-office a caUco dress, to his -wife, for which FOEBEAEANCE EEVENGED. 239 he ought to be punished ; and closed, by advising him to return to his constituents, and ascertain if he had a character ? — for he asserted, be fore heaven, he had none in that hall. The writer felt less indignation towards Black, than towards many mem bers of higher character who stood around him, encouraging him in his disgraceful vulgarity, and laughing at his obscenity. It is due to the Democracy of the free States to say, that no member of that party, north of Mason and Dixon's line, appeared to participate in this display of slaveholding ribaldry. The writer replied, that when the member from Alabama (Mr. Payne) had, for the obvious purpose of slander, insinuated that he was interested in the horses and carriage left by Torry, he said, distinctly, that all he had ever seen, heard, or known of that transaction, was drawn from the newspapers — but that had beeif said for the benefit of gentlemen, of men who understood the decencies, the ordinary proprieties of Ufe, and not for the satisfaction of the member from Alabama, or of his less worthy confrere from Georgia, to whom he owed no other respect than that which parUamentary law constrained him to observe ; that what he aUuded to, in regard to the franking of a calico dress, the author was wholly ignorant, and could form no opinion, and could say nothing more'' at that time than to pronounce it an unmitigated falsehood ; but if any fact should be developed, inculpating any member, he would bring it before the House — as no charge, coming from one holding a seat in that body, was unworthy of notice, however low, vulgar,, or ob scene the private character of the member making the charge might be.* * Impressed with the Idea that Black had heard something, out of which he had mannfactoredthe charge of fra/nking a dress, the author, that evening, addressed a note to the Postmaster-General, Mr. Wickliff, of Kentucky, (now, 1862, a democratic member of Congress,) inquiring If he had any Information on the subject. That officer, evidently feeling that he was involved in Black^s ridiculous charge, Immediately answered the author's note, saying that the postmaster at Painesville, Ohio, had written that a bundle, apparently a lady's dress, had passed through his office ; and that he, Wick- Ejff, had referred to this letter in conversation, and would at once call on the postmaster at Painesville for definite information. The author then saw that the slander had doubtless been brought into existence by other and more important members of the democratic party, and he awaited the denou- ment with much curiosity. Some ten days subsequently, the stately form of the Postmaster-General was seen on the demo- cratlo side of the House, mingling with members, evidently engaged In grave consultation. Soon after, in company with Hon. Emery D. Potter, of Ohio, another member of the democratic party, he came across the hall, and the two gentlemen being seated beside the author, Mr. Wickliff, with unusual gravity, proceeded to say that he bad received a letter from the postmaster at Paines ville, saying,- that the bundle referred to in his former letter, " was a shawl directed to Sirs. Potter, franked by McNulty, Clerk of the House, as a *pubUc docviment,' and attested by the name of Mr. Potter," That as he was desirous that no feeling between the author and Mr. Potter might arise, he had come personally, -with that gentleman, to make known the facts. The gravity with vhich Wickliff and Potter now besought the author to say no more on the subject, the more than 240 A CONGEESSIONAL BULLY EXPOSED. 1846 '^^^ author stated that he weU understood the feeUng which prompted slaveholders and their alUes to do aU in thefr power to throw around congressional and Executive action in favor of slavery, the protection of perpetual silence. He did not hold the member from Georgia so much responsible for his conduct as he did the> more respectable members who had stood around him while speaking, and had prompted- the display of that brutal coarseness which nothing but the moral putridity of slavery could encourage. That so far as he had himself referred to the institution, he had simply repeated historic truths, authenticated by official documents, which no member dared deny. That even the member from Georgia, speaking for himself, for those around him, and for the institution, dared not deny a word which the author had asserted. But Mr. Black had attempted to assaU him personally, for daring t* utter facts. To these rude assaults he would make no reply. He stood on that floor, before the country, clothed -with the confidence of an inteUigent and vfrtuous cotistituency, who, but a few months previously, had indorsed his character by a fourth election ; whUe his assaUant had been discarded after one election, as unworthy longer to fill a place properly assigned to honorable men. And now, as the chiUs of political dissolution were upon him, his " ruUng passion " for vulgarity had fehown itself " .strong in death." The author had a few moments previously observed that Black was not in his seat. He had passed through the lobby behind the Speaker's chair and entered the small aisle on the author's right, where he was standing unobserved when the sentence last quoted was uttered. Black was unable to restrain his feelings, and raising a large cane which he held in his hand, said, "if you repeat those words I will knock you down." The author, turning his eye to the right, saw Black -with his cane raised, evidently under the excitement of extreme anger, and, unable to resist the impulse of the moment, repeated the language he had used in order to test the courage of Black, which he greatly doubted. He continued his remarks, whUe some of Black's friends, seeing the position in which he had placed himself, removed him from the halL As Black was being passed out through the smaU aisle at which he entered, the author continued his remarks ; and Mr. Dawson, of Louisi- ludicrous combination of circumstances which now brought out the foolish and ridiculous action df the democratic Clerk, the democratic Postmaster-General, and the leaders of the party who had encouraged Black, and tacitly indoi-sed his slander, excited laughter in the author's mind. But Potter was sad. He was an inoffensive man. He now insisted that Black's charge would not affect the author, but if the facts were published they would ruin Mm ; and he was desirous that the author would let the matter drop, and say no more about it. This appeal to the author's better feelings overcame his desii-e to expose his enenues, and, to the great dissatisfaction of many friends, he refused to make the exposui-e, AN AEMED MOB DISPEESED, 241 ana, who assaulted the author on a previous occasion, now rose from his seat, and, coming across the haU, approached within some four or five yards of the author, and placing his hand in his pocket said, " I'U shoot him, by G-d, I'll shoot him," at the same time taking care to cock his "pistol so as to have the cUck heard by those around him. Instantly, Mr. Causine, of Maryland, a Whig, rose and taking position in the smaU aisle in front of the author and dfrectly between him and Dawson, folded his arms across his breast with his right hand apparently resting upon . the handle of his weapon, which was supposed to be concealed in his bosom ; at the same moment Mr. Slidell, of Louisiana, Mr. Stiles, of G-eorgia, and two other members on the democratic side of the haU rose, and walked across the open area in front of the Speaker's chafr and took thefr positions near Mr. Dawson, each man putting his hand in his pocket as he was coming across the hall, apparently for the purpose of adjustmg his weapon.* At the same moment Kenneth Raynor, of North CaroUna, a Whig,f and fuUy armed, left his seat and took position on the author's left. Mr. Hudson, .of Massachusetts, came and quietly took position on the author's right, and Mr. Foote,. of Vermont, placed himself at the entrance of the aisle through which Black had made his exit. It was -with armed foes in front and friends on either hand, prepared to meet the hostile demonstration which for a time appeared imminent, that the author continued his remarks. One by one the slaveholders in front began to feel the awkwardness of thefr position, and quietly returned to thefr seats. Dawson, however, remained standing in front, wMle Causine stood firmly facing him untU the author closed his speech. Then Daw- .son returned to the democratic side of the house, the author's friends resumed thefr several positions, and the business of legislation pro ceeded as usual. This was the last effort to sUence a member of the House of .^g^ Representatives by threats of personal violence made during the author's service in Congress. A private claim of somewhat extraordinary character demanded the attention of Congress during this closing session of the twenty-eighth Congress. In 1836, soon after General Jessup assumed command of our army in Florida, he entered into a written contract with certain chiefs and warriors of the Creek tribe of Indians, by which they agreed to * At the time of penning this note (1862) Mr. Slidell Is the agent of tbe Confederate States, sent to France In order to obtain a recognition of the Southem Confederacy. t Mr. Raynor possessed a high order of talent, was sincere in his friendship, somewhat Impulsive, but honest. It is with pain that the writer adds, he Is at this tune (1353) engaged in the rebel army. 16 24:2 PEI60NEE8 OF WAE ENSLAVED. furnish two battalions of not less than six hundred men each, to serve one year against the Semmoles, for which they were to -receive ten thousand doUars and such plunder as they might capture from the enemy. Althoagh the law had provided the mode of enlisting troops, and had specifically determined the amount to be paid to each soldier, yet General Jessup' does not appear to have supposed that he was violating the law by entering into this contract ; indeed the contract was made irrespective, -and in direct violation of the law. Yet the Executive and War Depart ment approved the act, and the Creek warriors entered upon the stipulated service. The Cherokees refused to furnish warriors for such a purpose, and their principal chief, John Ross, addressed a most able letter to the Hon. Secretary of War, solemnly protesting against the employment of pagan warriors to fight the battles of a Christian nation. He also sent a large deputation to visit the Seminoles, to induce them to make peace without further bloodshed. During the year these Creek warriors captured more than one hundred negroes. These were claimed by the Indians as "plunder" coining within the letter and spfrit of the contract, and were enslaved by thefr captors. General Jessup and the Secretary of War concurred in this construction of the contract ; and the practice of enslaving prisoners captured in war, aftfer it had been abandoned by aU Christian natibhs for at least two centuries, was now revived by the American Govemment nnder the administration of General Jackson. But provisions being scarce. General Jessup published an order Erect ing eight thousand dollars to be paid to the Indians as a - compensation for these enslaved negroes, whom he ordered to be sent to Fort Pike, below New Orleans, declaring them to be the property oi the Government. • This procedure was also sanctioned by the War Department, and ap proved by the Executive. And so far as the authority of the President extended, the people of the United States became slave-purchasers and slaveholders. After these things had transpired, the Commissioner of Indian Affairs appears to have entertained some misgivings, and in an official communi cation suggested to the Secretary of War that fri the then exdted state of tlie public mind it was doubtful whether Congress might not hesitate in appropriating money to carry out this arrangement. He does not appear to have doubted the propriety of enslaving men in Florida as well as on the African coast ; nor does he appear to have entertained doubts as to the abUity of the Creek Indians, aided by the Government of the United States, to enslave men as legally and with as much pro priety as did the slavedealers on the African coast, who were hanged ATTEMPTS AT DISEEPUTABLE EVASION. 243 for crimes precisely simUar to those which our Govemment was perpe. trating in Florida. In the whole of these transactions there does not appear to have been any doubts entertained as to the constitutional authority of the Execu tive, nor as to his moral right to enslave men ; but the slave power feared that aboUtionists would deny snch authority, and might criticise the right of the Government to enslave innocent men and women. While these questions were under consideration, a rich slave- .^^g^ dealer from Georgia, James C. Watson, happened to be iu Washington. To him the whole subject was explained, and a proposition was made for him to take these negroes, receive a bUl of sale from the Creek Indians, to whom he should pay fifteen thousand dollars ; and as the negroes were held by officers of the American army, the Secretary of War shotUd issue an order to such officer as might have thenl in charge, dfrecting thefr delivery to the slavedealer or his agent. There was no documentary evidence as to the manner in which the United States obtained the eight thousand doUars which General Jessup paid to the Indians. It is presumed, however, that the Indians repaid it from the money received of Watson. But our military officers refused to respect the order of the Secretary of War. General Taylor positively refused to interfere in the mat ter ; and many other officers, among whom was the distinguished General Gaines, . actuated by feelings of humanity, put forth ---grsat efforts to keep the negroes from the agent of Watson, wH^ 'fift?r encountering many difficulties and disappointments and incurMn^Wtiii expense, returned without obtaimng any of the negroes : ^nfifWiJMli, having paid out his money at the request of our pubUo (MlMeS,'i4^-^'''.§^t his petition to Congress, asking that his money, inter«Stifda?E ISpS^es'ltfe refunded by Government ? .naoonui n.ri 07i-;qyb oJ The petition was presented by Mr. Dawson, -of 'iGfeoPgifc, ^d'wap re ferred to the Committee of Clauns, but ]earnyifgs-tW4h^ Ah«)*,-''thM'la member of that committee, would oppose tfieibitt[Hi,'itie'ttepMed tfMft rio report be made upon it. .s'lom \aiU .hoiakir) fru/- .Oo-iui At the commencement of the twenty&agMh'&^fegre^,w'tfeeAa.iitbSr havuig lost the confidence of slavehoMeB^ttwaSBOBfeligefefefcffliJtteasiSo preside over the Comnuttee of Claimsj^isilool boD imli -/m blun-ir ano Ex-Governor Vance, of Ohio,- was iflaa'e cMiffifeflfi'BaJfad'iitiiever-seiifed on the committee, and was compel)ed*t{r'Mrn>iHffii(3^jfi;!t(Jijtie^' from' his coUeagues, who were older in service. But this claim -was cheMhed by the democratic party, and to reBdfirL4tS(-.sgas8a(g6 1 safe, i Hon. HoweU Cobb, of Georgia, was placed on the Committee, being one of 'tte 244 SLAVEDEALING EXPOSED. most influential members from the South, and this davm was consigned to his care.* Early in the first session of the twenty-eighth Congress Mr. Cobb reported a biU to compensate Watson for the faUurS of his speculation. Soon as the bill was printed, the author called on several Whig speakers and invited thefr attention to it, assuring them that the demo cratic party had never engaged in a subject which reflected greater dis grace upon its members, nor had they assumed the support of any mear sure more odious : But these leaders of the whig party, though anxious to involve thefr opponents in disgrace, lacked the moral courage to effect that object by appealing to arguments in favor of freedom. ^g^, - The -writer was detained from attendance on the sessions of the House on one of the days devoted to private bills, when Mr- Cobb proposed to take up this claim of Watson oui of order, Mr. Ad ams objected. Mr. Cobb declared there could be no reasonable objec tion to it, and the claimant was kept out of the use of his money because the biU could not be brought before the House for action : But the House refused to take it up. At length it came before the House in due order of business, and the author stated his objections to its passage ; he defined thg Umitation of the powers possessed by human governments ; asserting that the laws of nature, or the wUl of God, had endowed aU men with the inextin guishable, right io live, to support life, and attain happiness and heaven. That by these laws, the earth was divided into land and water, thne is separated into night and day : By these laws men must have food and sleep and rest. They must have raunent and babitation. To attain these they must have liberty : That no human enactment can change this law of Nature, which is but the manifestation of God's wiU : That to deprive an innocent man of his Ufe is murder — ^to enslave him is equally a crime, the character of which no human law can modify or change. That when General Jessup and the Pagan Creeks undertook to enter into a compact by which innocent women and chUdren should be cap tured and enslaved, they merely entered into a covenant for the commis sion of crimes revolting to Christianity ; crimes which we, is a nation, have declared " pfracy " when committed on the African coast, whUe no one would say that God looked upon the place of committing such crimes as of any importance. That both General Jessup and the Creek Indians deserved punishment for thus conspiring to deprive the Seminole * Mr. Cobb was subsequently Speaker of the House of Representatives of the United States and afterwards Speaker of the rebel Congress, and at a stiU more recent period, a general hi the rebel anny. BILL DEFEATED. 245 negroes of the sacred rights which God had bestowed upon theih ; that the Secretary of War, who sanctioned the contract,- simply made himself a party to the crime,' and by every moral consideration deserved punish ment. Nor was the President less guUty : His high position did not exempt him from the just penalty due to his moral turpitude. Indeed, men high in authority, and yet regardless of that justice which consti tutes God's dearest attribute, should be the first to suffer. Therefore, by the natural law, by the moral law, the President, the Secretary of War, General Jessup, and the Creek Indians could, in no respect, change the right of the negroes, nor give to the Creek Indians any power or moral right whatever to enslave them : And no order of General Jes sup, sanctioned by the Secretary of War, and approved by the Presi dent, could give the people of the United States any authority over those negroes. The second proposition was, that the Constitution was based upon the moral law, in letter and in spfrit. That it provides that " no person shall be deprived of life, liberty, or property, except by due process of law." That is, without trial and conviction in a court of competent juris diction. To enslave these innocent people was a direct and unmitigated violation of the Constitution, as well as of the' moral law. It was the exeifci^e of despotic powers, the commission of a crime of the first magni tude, for which the Indians, the Secretary of War, and the President deserved punishment : that Watson was a slavedealer who had attempts ed to make merchandise of human souls, for which he deserved the gal lows ; but surely no sane man would admit that Watson had any claim upon the people of the North because he had faUed to commit the crime which he intended to perpetrate. Messrs: Cobb and Stephens, of Georgia, and Belser, of Alabama, denied that the case involved the question of property in human flesh. They insisted that the high officers of Government had advised Watson to purchase the negroes ; to pay out his money, supposing they were under the control of the Government : That he had thereby lost his money, and the United States ought to repay it. Mr. Adams repUed, that the Florida war was commenced and prose cuted for the purpose of enslaving innocent people, and that all proceed ings for that purpose were void as to Congress, and to all other per sons, and criminal as to all who participated in the transaction ; and he moved to lay the bUl on the table. But to prevent any vote involving the merits of the biU, Mr. Hammet, of Mississippi, moved an adjournment, which motion was sustained, and the biU was no more heard of during that Congress. 246 PEIMAL TEUTHS DENIED. The result was regarded as a defeat of the slave interest and a tri umph of the whig party. .„^ The primal doctrines of our Government were again brought under consideration upon the question of admittmg Florida to the sisterhood of States. The people of that territory, in framing their State constitution, inserted a clause prohibiting the legislature from abolishing slavery. Exceptions were taken to this clause. In the discussion arising on this question, Mr. Douglas, of lUinois, put forth the doctrine which in subsequent years he mam- tained with such determination of purpose as to attract very general attention throughout the country. He insisted that the people of a ter ritory have the political and moral right, while framing a constitution, to establish slavery if they choose : Thus boldly denying the doctrine of the fathers, that " governments are instituted to secure the enjoyment of Ufe and liberty." Indeed, he maintained that human govern ments hold the same legitimate authority to murder, which they have to secure Ufe ; the same authority to enslave mankind, which they have to protect Uberty. These doctrines were at that time entertained, appa rently, by the entire democratic party, and by leading members of the whig party. From I'T 9 3, the Federal Govemment had been con ducted iipon this doctrine, and Florida was admitted upon this prin ciple. Mr. Bayley, of Virginia, was bold in his denunciation of every member who would undertake to dictate to the people of Florida the character of her constitution and government. A resolution Umitiug the time for debating the bUl was adopted ; and the fioor was thence forth awarded to democratic members, who occupied the time untU the final vote, which was controlled entirely by party division, being 123 m the affirmative to It in the negative. • In pursuance of the resolutions adopted by the Democratic National Convention for obtaining " the whole of Oregon," Mr. Duncan, of Ohio, early in the session, introduced a bill to organize a territorial gov ernment in air that portion of country which was then in the joint occupation of Great Britain and the United States : And the policy of the democratic party was declared to consist in obtaining " the whole of Oregon" and " the whole of Texas." Northern Democrats justified themselves in pledging their votes for the annexation of Texas, in con- sideration of southern members having pledged theirs in favor of Oregon. And when told that for the United States to take forcible possession of Oregon would produce war with England, they repUed that a war with England would silence agitation in regard to slavery, and thereby prove a great benefit to the country. THE WHOLE OF OEEGON CLAIMED. 247 There was a ftiU discussion of the bill in regard to Oregon. An amend ment excluding slavery from the territory was adopted by 131 to 69. The bUl also authorized the President to give notice to the British gov ernment terminating the joint occupation of the territory, and passed the House of Representatives by 140 to-5&.. During the debate on this biU, the policy of obtaining Texas was ad vocated as a part of the policy adopted by the democratic party, and while discussing the annexation of Texas, the same poUcy was constantly avowed. AU apprehensions of a war with England were treated -with contempt by the ruUng party, and most of those speaking on that sub ject exhibited a desfre for hostUities. Nor was the Senate inattentive to this subject. At an early period . of the session a bUl was introduced into that body, authorizing the Pre sident to take possession of all the Oregon territory up to latitude 54 deg. 40 min., and was debated untU the day of adjournment ; but they took no final vote upon the biU before them ; nor did they consider the bUl sent them from the House ; and the twenty-eighth Congress was brought to. a close -without any definite action in regard to Oregon. On the 4th March, Mr. Polk was inaugurated as President of the United States. The bill for annexing Texas had passed and begame a law, but that in regard to Oregon was yet in abeyance : The Presi dent in his inaugural address assured the country that " our title to the whole of Oregon was clear and unquestionable," and that he would use his constitutional powers to maintain it. 248 WAE WITH ENGLAND DESIEED. CHAPTER XVI. ATTEMPTS TO EXCITE A WAR WITH GREAT BRrTAIN ^THE MEXICAN WAR COM- MENCEU EXODUS OF FLORIDA EXILES. jg^g. At the assembling of the twenty-ninth Congress, the President in his annual message informed that body that aU attempts to settle the Oregon question with Great Britain had failed, and reassertmg that England had no title to the territory in disputp, caUed on Congress to make the necessary provision for maintaining our rights in the disputed territory. This appeal was heartUy responded to by the democratic party in the House of Representatives, not one of whom appeared to doubt that a war with England would sUence all agitation on the subject, of slavery, aad insure to them the control of the Government for an indefinite time. These facts impressed the pubUc mind with an expectation of war, and many leading Whigs appeared anxious to cast responsibUity upon anti- slavery men, and to hold them accountable for the folly and crimes of those who sought a dishonorable war. Whigs and Democrats laid it down as a predicate, that opposition to slavery in the District of Columbia, in the Territories and on the high seas, could do no good: but whUe it must fail of all beneficial results, it stirred up Ul-feeling among southem members, which worked mischief to the body poUtic ; and would eventuaUy destroy the Union. Unfortunately a class of men called radical aboUtionists, regarding the construction of the' Constitution entertained by leading Whigs as correct, and honestly believing that instrument to have imposed npon the people of the free States the burden of supporting slavery, pronounced it "a covenant with death and an agreement with hell ;" declaring that nothing short of a dissolution of the Union could relieve the people of the free States from the moral gnUt of sustaining slavery. PoUticians of all parties manifested an estrangement from Mr. Adams and the writer, who then appeared to be the only members willing to incur the odium of openly opposing the slave power. The Whigs, with whom they had always acted, excluded them from th^fr consultations, and held no poUtical feUowship with either of them. In regard to poUtical action they consulted together, but with no other members. ME. CALHOUN HESITATES, 249 Soon after the assembling of Congress, General Cass, the most expe rienced and probably the ablest member of the Senate who acted with the democratic party, moved resolutions instructing the Committee on MUitary Affairs to inqufre into the condition of our fortifications on the seaboard, and the means possessed by the Government for the defence of the country : Also dfrecting the Committee on the MUitia to inquire into that arm of the national defence : Also instructing the Committee on Naval Affairs to inqufre into the condition of the navy and our naval suppUes. Joint resolutions were also introduced into the Senate, dfrecting the President to give notice for the termination of the joint occupancy of the territory in question, declaring it to belong to the United States, and that the Government held no constitutional power to surrender any portion of it. These resolutions were adopted by the Senate, sent to the ^j^j House, and were referred to the Committee on Foreign Affairs ; who reported them back to the House with a recommendation of con currence, and thus far every indication pointed to immediate war. Mr. Adams and the writer were incredulous as to approaching hos tiUties : They could not beUeve the slave power so reckless as to. enter upon a war with England in the then state of pubUc feeUng respecting " the peculiar institution." At this time Mr. Calhoun reappeared in the Senate. He had retired at the close of Mr. Tyler's administration and was not expected to appear again in public Ufe. He now seemed anxious and care-worn, and to the very general astonishment of his admfrers avowed himself opposed to hasty action in regard to Oregon. On the 5th February the resolution from the Senate requiring the President to give notice for the termination of the joint occupancy of Oregon came before the House for action ; and the writer took oocasion in a pubUc speech to announce that the slave power had perfect control of the Government, maintaining peace and making war as the supposed interests of slavery might dictate : That the democratic party had become the mere instrument for sustaining the institution of slavery. . That a war with' England, in which Oregon and Canada were Ukely to be added to the free TSTorth, would not be permitted by the slave power : That such a war would prove to be one .of emandpation : That the black regiments of the British West Indies would be landed upon our southern shores : That devastation by fire and sword would render the cotton States desolate : That the slave uiterest could not be induced to engage in such a war. ,These av-jwals occasioned great sensation : But Mr. Adams 250 THE SLAVE POWEE FEIGHTENED. ^'oUowed them -with the distinct assertion that he was in favor of holding the territory notwithstanding the consequences ; but he declared his apprehension that tbe President would recede from his position, " and would accept the British proposition to 'make the fojty-ninth paraUel of latitude the boundary Ime between the two govemments. The whig press throughout the country denounced Mr. Adams and the writer as advocates of war ; but the President now faltered in his course. In a message to the Senate he stated the difficulties which lay in the way of obtaming the territory between the forty-nmth and fifty- fourth parallels of latitude, and asked the advice of that^body as to his future action. The Senate advised him to accept the British proposi- .tion for making the forty-ninth parallel the boundary. The President acted according to this advice, and the whole matter was pacificaUy arranged. But while the slave power thus avoided a war with England, its ad vocates appeared anxious for hostilities with Mexico. That government, distrusted and feeble, was known to be utterly unable to resist a large mihtary force, and it was beUeved that we could wage a war upon her people with impunity. No sooner had Congress passed the act of annexation than Mr. Tyler, on the eve of retiring from the Presidency, dispatched a messenger to inform the authorities of Texas of what had occurred. And Mr. PoUc had scarcely reached the Presidential- chair, when he ordered our army to " Corpus Christi," situated at the mouth of the Nueces, that being the then • boundary between Texas and Mexico, and the farthest point to' which Texan authority had extended. When the President received notice that Texas accepted the terms of annexation, he immediately informed the two Houses of Congress, to enable that body to consummate the outrage upon the constitutional rights of' the people of the free States, by dedaring Texas one of the States in the Federal Union. Massachusetts and Connecticut had pro tested against the consummation of the proposed union. Many re monstrances from the people of other free States were presented for the consideration of Congress. The writer, a member of the House of Representatives, presented to the consideration of that body a series of resolutions, declaring, " That the maintenance, the continuance and existence of slavery must depend exclusively upon the power and authority of the States in which it exists. " 2d. That the Federal Government, possessing no powers except those expressly delegated to it by the several States, is destitute of all authority to establish, extend or perpetuate slavery. THE MEXICAN WAE COMMENCED. 251 " Sd. That all attempts of Congress, or the Executive, to associate a foreign slaveholding people in the administration of the laws of our nation are in palpable violation of the Constitution, destructive to the interests and honor of the free States, and subversive of the fundamental principles of libert/. " ith. That the admission of Texas to the Federal Union, upon terms aUowing each holder of five slaves the same political influence and power over the rights of- the free States as that exercised by four of our free educated citizens of the North, wUl constitute an outrage upon the rights and honor of the citizens of the free States unequaUed in the history of civilized governments. " bth. That a voluntary surrender of the rights of the free States to the keeping of foreign slaveholders is unworthy of the representatives of a free people." These -resolutions were laid upon the table, and the annexation, of Texas was consummated by a vote of 141 to 56. The entire democratic party . voting ia the affirmative, whUe many of the whig party faded to vote. At this time General Taylor was in command of our troops, and his advanced guard was at BrownsvUle, on this side of the Rio Grande opposite Matamoras. It was at least one hundred mUes advanced into Mexican territory, beyond the farthest point to which the jurisdiction of Texas had extended : And the first blood that was shed in the Mexican war was that of some deserters of our army, who, being pursued by a sergeant and guard, attempted to swim the river, but were fired upon and kUled by our own troops, without being arrested, tried, or sentenced.* On the 12th April some sixty dragoons, whUe reconnoitering, „g^ were drawn into an ambuscade ; fifteen were kiUed and wounded, and the whole party were taken prisoners. On the 9th May rumors reached Washington of the commencement of hostiUties. It was on Saturday, after the adjournment of both Houses of Congress. During Sabbath the Committee on Military Affafrs met, and before sunset it was rumored that they had agreed oh a report declaring war against Mexico. HostiUties had been constantly foretold * This exercise of a barbarous despotism was brought to the attention of the House of Represen tatives by the writer, who cited a case frofai the American State papers, where, during the first Seminole war, some deserters were shot by their pursuers, while the commandant of the troops, Col. King, was absent from the post on business ; but on ills return he failed to arrest and try those who perpetrated the murders ; and the facts* being known at headquarters, he was himself arrested, courtmartialled, and sentenced to suspension from service and pay for five years. This sentence was approved by the President; but Congress, learning tbe facts, adopted a joint resolution, requesting the President to strike the name of Col. King from the roU of the army, and it -was done. But no effort could Induce the democratic party now In power to examine the subject. 252 A CONGEESSIONAL FALSEHOOD. by -those who opposed the annexation of Texas, and had been as con stantly denied by the friends of that measure. But the latter now changed their position, and unblushingly urged the necessity of war, the conquest of territory, and the extension of slavery. On Monday morning the President sent his message to the two Houses of Congress, declaring that " American blood had been shed on American soil," and arraigning the Government of Mexico for her past neglect, of duty, caUed on Congress to provide the means for sustaining the rigTits, interests and honor of the American people. . The message being read, was, together with the accompanying papers, referred to the Committee on MUitary Affafrs. They reported a bUl, declaring that " war existed by the act of Mexico," and in one hour from the reference of the message, the bUl, with this flagrant falsehood for its preamble, passed the House of Representatives with only fourteen dis senting votes. The names of members voting against the falsehood that ' war existed by act of Mexico, were from — Massachusetts. Messrs. Adams, Ashman, GrinneU, Hudson and King 5 Maine. . . . Mr. Severance 1 Rhode Island. Mr. Cranston 1 New York. . Mr. Culver 1 Pennsylvania. Mr. Strohm 1 Ohio. . . . Messrs. Delano, Giddings, Root, TUden and Vance 5 No sooner was this falsehood fairly incorporated in our legislative annals, .than members of the democratic party boasted that Congress would be no longer troubled with the agitation of matters relating to slavery. This feeUng arose from the conviction entertained by poUticians generally, that war was always popular, withont respect to its justice or injustice. But the reformers of that day were not to be driven from thefr purpose by unmeaning apprehensions founded on moral cowardice. On the foUowing day, while the House were engaged in considering a bUl to raise a company of miners and pontoniers, the wiiter in a speech stated that our nation had waged a war of conquest against an unoffend ing nation for the purpose of extending the curse of human bondage ; and declared that God had no attribute that would permit him to smUe upon such crime : That all past history and experience had proven that when any government attempted to extend iis boundaries by conquest, by robbing other nations and people of their territory, such aggressive govern ment had fallen beneath the weight of its own crimes : That our nation- would NOT PROVE AN EXCEPTION TO THIS RULE OF RETRIBUTIVE JUSTICE. ME. CALHOUN LOSES HIS INFLTTENOE. 253 The Hon. Columbus Delano, of Ohio, also seized upon the first oppor tunity to express his detestation of the war thus commenced, as did Mr. Culver, of New York, and others as they had opportunity. The bUl declarmg war came before the Senate the next day, when the par tisans of that body appeared anxious to pass it without examination or delay. Mr. Calhoun, the leader of the slaveholding hosts, now found that he had " raised the whfrl-wind " but " could not direct the storm." He had led in the annexation of Texas, cherishtng the hope that he could extend the institution of slavery without involving the nation in war ; but he now found himself the feeble instrument of a powerful and inexorable party bent upon hostUities. It was in vain that he asked delay. It was in vain that he declared the measure too im portant for hasty action. Partisan leaders were excited under the conviction that a war woidd confirm the democratic party in the pos session of political power, and would effectually suppress aU opposition. Every democratic Senator, except Mr. Calhoun, voted for the pending biU with its mendacious preamble, declaring that war existed by the act of Mexico, although it was notorious that our troops were at least a hundred miles within the territory belonging to that government. Mr. Calhoun hesitated, faltered, and refused to vote with his party on a subject which he foresaw must bring upon its authors a responsibility which he was unwilUng to assume. Messrs. Berrien, of Georgia, and Evans, of Maine, who had acted with the whig party, refused to vote either for or against the biU ; and Messrs. Thomas Clayton, of Delaware, and Davis, of Massachusetts, voted against it. The bUl passed that body by 40 ayes to 2 nays, and in one year from the annexation of Texas the nation was plunged into a war of devastation and bloodshed, which cost the expenditure of three hundred mUUons of treasure and eighty thousand Uves. The advocates of slavery now appeared to feel themselves perfect masters of the Government ; and equaUy conscious that the advocates of freedom were entfrely at the control of the slave power. They spoke of those who voted against the war as ranking with the Federalists who voted against that of 1812. They assumed that to oppose the war was to oppose the Government ; and spoke of all who condemned the war as traitors to the honor and the interests of the nation. The super cUious arrogance with which slaveholders spoke of the advocates of liberty became disgusting, and at times the resentment of members was not dis'i^uised.''' • An instance of this character occurred In tho House of Representatives. Hon. Barclay Martin, of Kentucky, assailed Hon. Luthbr Severance, of Maine, In abusive terms of personal 254 V INTEIGUE WITH SANTA ANNA. While the war was thus inaugurated, there was at the same time a plan set on foot for bringing it to an immediate close. This plan con sisted of an intrigue with Santa Anna, the exiled President of the Mexican repubhc, to get him back to Mexico, place him in power, and then buy a peace of him. The plan succeeded in part. Santa Anna entered wilUngly into it. He was permitted to pass our blockading ships into Mexico by order of the 'Executive. But when in his own country his influence was not sufficient to carry out the object of his return, and the war continued contrary to the intentions and expectations of those who commenced it.* The people of the United States now found themselves precipitated into a war for the extension and perpetuation of slavery. Yet among both Whigs and Democrats a general impression prevailed that to oppose a war in which our country was engaged would be unpopular, and but few statesmen or poUticians were -wUUng openly to denounce hostUities commenced and carried on for the support of slavery. Reflecting men now saw clearly the necessity of a poUtical orgaiuzation, based upon the principles of the Declaration of Independence, in order to emancipate the people of the free States from the despotic domi nation of the slave power. Every suggestion of such a plan was met, however, with the cowardly objection that it would occasion the dis solution of the Union. This had become the general, the conclusive argument against every measure in opposition to slaveholding dictation. The "Uberty party," as it was then called, oontroUed some fifty thousand votes in the United States. At its head was Hon. James G. Bfrney, a man of ability, a native of Kentucky. He liberated his own slaves and proclaimed immediate unconditional emancipation -the duty of every slaveholder, characterizing the institution as a poUtical, moral disrespect, for having expressed his honest convictions in regard to the Mexican war. Mr. Severance was a man of feeble physical powers, while Martin possessed more than an ordinary athletic frame. On hearing the assault made upon Mi-. Severance, a few friends of his held a short consultation and requested tho writer to reply to Martin. The request was complied with. Tho writer assumed as his own the doctrines and views of Mr. ^verance, and then inquired by what authority Martin had oflfensively assailed them? He closed by saymg the speech of Martin ** exhibited a sterile brain, a vicious haart, and a dastardly spirit." The offensive words appeared in all the city papers on the following morning. Martin feeUng uncertain as to the course which he ought to pursue, called his col leagues together for consultation. It was at once declared Improper to challenge the writer, as he would only ridicule the man who shonld do it. It was also agreed that it would be a hazardous business to attempt personal chastisement on the street, as usual at the South. And It was finally agreed that Martin's only course was a public reply in the House of Representatives. This ha never attempted. On hia return home he was, charged with pocketing the Insult, was defeated at the next elootion, aud never more appeared in public life. * This statement is made principaUy upon the autliDrlty of Col. Benton, who was at the time a leading Democrat, having access to their councils. ( Vide Benton's " Thirty Years in the Senate.") INDUN TE()irBLES ON ACCOUNT OF SLAVEET. 255 and social cvU, and a violation of justice : He maintained the very obvious truth that aU human enactments in favor of upholding it were moraUy null and void, imparting no moral right to the slaveholder and imposing no moral obUgation upon the slave. But this doctrine, although correct, had since l-t93 been repudiated by those who administered the government, and was now regarded as very unpopular : The past action of men in public -Ufe was generally con sidered conclusive upon statesmen and people, and it became evident that the "Uberty party" could never obtain control of the Govern ment ; and the hopes of reformers now rested upon the Declaration of Independence and that construction of the Constitution which left to each State the right to be perfectly free from the expense, disgrace and turpitude of slavery. Mr. Adams, possessmg more prestige than any other statesman of that period, refused to unite in any political organization ; but acting inde pendently of all poUtical associations, continued to advocate the doctrines which had previously characterized his pubUc Ufe. News from the Indian country, west .of Arkansas, informed -^g,. Congress that several of those western tribes were on the verge of wan The Creeks had thefr territory allotted to them by metes and bounds. The Cherokees also Uved upon thefr own lands, set apart by well defined Umits. The treaty of Payne's Landing had been enforced upon the Seminoles without the consent of that tribe ; the ad ministration having apparently determmed to compel them to settle with the Creeks for the purpose of aUowing those savages to reenslave the ExUes or colored people then Uving with the Seminoles, thefr ancestors having fled from South Carolina in 1705.* But when the Seminoles and thefr friends, the Exiles, reached the Indian country west of Arkansas, they were not aUowed to go on to lands of their own, accord ing to solemn stipulation ; but were told they must settle upon the Creek territory, under Greek laws. This would enable the Creeks to reenslave the Exiles, according to the obvious intentions of the admin istration. These Exiles had for many years proven a great annoyance to slaveholders, and the federal administration sympathizing with the slave interest, was anxious to see them reSnslaved, in order to render the institution more secure. But the Seminoles refused to go within the jurisdiction of the Creek nation, and settled upon lands belonging to the Cherokees. The Creeks were disappointed in not being able to reenslave the ExUes. The Cherokees were dissatisfied at having thefr lands * Tide " Exllos of Florida," where the historic facts In regard to those people are coUected in a small volume. 256 SEMINOLES AND NEGEOES FLEE TO MEXICO. occupied by the Semmoles, and the Seminoles were dissatisfied at not having lands set off to them according to the supplemental treaty entered into between them and the Government of the United States. To save bloodshed, commissioners were sent to the Western Country - to form a treaty with those several tribes and thereby mamtain peace on our western frontier. This object was effected by inducing the Seminoles and Exiles to settle upon the Creek lands. The President agreed to settle aU questions of slavery between the Creeks and Seminoles, and the United States to compensate the Creeks for aU slaves, to whom they should establish a title. Before the treaty was pupUshed, a bUl making appropriations for carrying it into effect was reported, and came before the House for consideration. This policy, fraught with such corruption, was exposed andthe attention of the nation caUed to it. The Creeks called for indemnity under the treaty. The Executive, -with the eyes of the nation upon him, appeared unwUUng to act upon questions in regard to slavery. He disregarded the demands of the Creeks, who now seized about one hundred of the ExUes and sold them into slavery in Louisiana. The other Exiles and a portion of the Seminoles fled towards- Mexico. pursued'by Creek warriors ; a battle was fought, many of the Creeks were killed, and the remainder returned to thefr country, whUe the Exiles and their Seminole friends pursued thefr way far beyond the Rio Grande into Mexico, and settled near a place caUed " Santa Rosa," where they yet reside.* A barbarous persecution of these inoffensive people had characterized the action of the Federal Govemment since a.d. 1790, and now con stitutes one of the darkest pages of American history. • 7inays amidst the most intense interest. The question was vital to the character of slavery. The biU had been reported by a leading slaveholder, had been argued with aU the apparent confidence which usually characterized southern members whenever the institution was involved: it had also been boldly and ably opposed. The doctrine of property in human souls and bodies was denounced' as heathenish, barbarous and infidel ; and those who engaged in the debate were anxious and excited. As the deputy Clerk, a slaveholder, proceeded to call the names of members, it appeared that the vote was to be nearly equal. Some mem bers kept count for their own satisfaction. When the roU had been caUed through, the Clerk appeared perplexed ; but after some delay, handed his report to the Speaker, who announced the vote, ayes ninety, noes eighty-nine, and as the Speaker then stated that it became his duty to, vote whenever his voice would change the result, proceeded to give his reasons why he should vote agamst the biU. WhUe doing this, the Clerk handed him another report, when the Speaker, after looking at it, said, the vote was reported ninety-one in th* affirmative, eighty-nine in the negative, and he declared the bUl carried. The countenance of the Clerk and his manner was such that members, were satisfied of the fraud which he had thus attempted in the face of the House : and Mr. Dickey unmediately caUed attention to what he publicly characterized as the error of the Clerk, and showed from the record of names and votes that eighty-nine votes had been recorded agamst the bUl, and precisely the same number in favor of -it, whUe Mr. GUILT OF THE CLEEK EXPOSED. 291 Farrelly, of Pennsylvania, declared that he had voted against the bUl, bnt the Clerk had not entered his vote. Thus there had been actually ninety votes given against the passage of the biU whUe only eighty-nine had been given for it. On this exposure of fraud, the Speaker corrected the journal and announced the biU as lost. The supporters of slavery were mortified and depressed by this unex pected result, which showed that southern influence and party dictation »could no longer subject the conscience of northern men to the bar barous dogma that men are property. The friends of humanity were greatly cheered by this result. Of the twenty-two members from Ohio only Mr. Ritchey, of Perry County, Mr. Cummins, of Tuscarawas, and Mr. Taylor, of Ross, voted in favor of the bUl, while such Democrats as Farran, Fries, Lahm, MUler, Morris, Sawyer, and Starkweather, voted against it. No member from New Hampshire, Massachusetts, Rhode Island, Connecticut, Vermont, New Jersey, Michigan, Wisconsin or Iowa, voted with the slaveholders. But from Maine, Messrs. Clapp, Clark, and WUliams; from New York, Messrs. BfrdsaU, Maclay, Murphy, NicoU, and TaUmadge ; from Pennsylvania, Messrs. Brady, Bridges, Brodhead, Charles, Brown, C. I. IngersoU, Levin, and Moore ; from Indiana, Messrs. Dunn, R. W. Thompson, and Wick ; and from Illinois, Messrs. M'Clernand and Richardson, voted to pay Pacheco one thou sand doUars in consequence of General Jessup's having sent a most dangerous enemy out of Florida. To ease off the blow thus dfrected at the heart of the pecuUar insti tution, a motion was made to reconsider the vote, and after searching the city, one hundred and five menibers were persuaded to vote for the biU, whUe only ninety-five opposed it ; but although it actuaUy passed the House, the feeUng against it was so strong that its friends never brought it before the Senate for action, and the claim was never renewed.* In this debate an important principle was fuUy admitted by the ad vocates of slavery. No one denied that a commanding general or executive officer in time of war may capture, emancipate, or send out of the country any or all slaves that he may deem necessary for the pubUc safety. They adnaitted the power of General Jessup to capture. and send Louis out of the country, and sustained the doctrine of Gen eral Jackson, practised at New Orleans in 1814. In January, Mr. Dix, of New York, presented to the Senate „,^^_ resolutions of the Legislature of that State, declaring that for the United States to permit slavery to exist in New Mexico was revoltmg to the spfrit of the age, and mstructing their Senators to oppose its - Tide " Exiles of Florida," p. 106. 292 ISSUE BET'WEEN NEVT TOEK AND SOUTH OAEOLINA. existence therein. The resolutions also instracted the Senators of that State to use thefr best efforts to prevent the jurisdiction of Texas from extending beyond the Nueces, and to preserve the territory between the Nueces and Rio Grande to freedom. These resolutions were regarded as offenMve to southern Senators, some of whom objected to them as unworthy of that ordinary respect which was usually extended to the resolves of sovereign States ; and an angry debate arose, in which New York and other free States were treated with disrespect and referred to 'with arrogant contempt ; but the resolutions were finally ordered to be printed. A few days subsequently, Mr. Wallace, of South Carolina, presented to the House of Representatives resolutions adopted by the Legislature of that State, declaring that the time for discussing the exclusion of South Carolina from her equal share in the Territories was passed, and that her " people were prepared to unite with- thefr sister States in resisting the application of the ' WilTrwt Proviso ' to such territory at any^ amd at all haza/rds." It was understood that these resolutions were intended as an answer and a defiance to the doctrines asserted by the Legislature of New York, and these two States were the first to form a distinct issue upon the subject of freedom in our Territories. In presenting the resolutions of South Carolina, Mr. Wallace re marked that his State had deliberately taken her position, which she would noi abandon. This issue was regarded as most important at that time, as the vast territory acqufred from Mexico was to be organized immediately vdth or without slavery. The people of New York had declared through thefr Legislatm-e that it would be "revolting to the spirit of ihe age for Con gress to permit slavery to be introduced into that territory which was then free ;" and South Carolina declared that her people " would not debate that question, but would resist it." Thus was the subject of slavery extension, or resistance and rebelUon by South CaroUna, presented to the consider ation of Congress in 1849. It overshadowed all other subjects. Durmg the early part of this session the Senate were eng^ed in devising means to avoid the very issue which was now pressed upon Congress. This issue had been foreseen and repeatedly foretold by the friends of freedom, whUe the annexation of Texas was a pending ques tion. It was often repeated during the Mexican war ; and they had constantly done all in thefr power to prevent it. But the Government had been precipitated step by step, first into the policy of obtaining Texas, next the Mexican war, next the acquisition of Mexican territory, • THE GEEAT ISSUE MADE UP. 293 until the mighty issue which was to decide the fate of slavery, and of the Government, seemed to stare them in the face. One and only one cfrcumstance appeared to encourage the slave power : The influence of the slave States had prevaUed on every question touching the extension of slavery which had arisen since 1193. It had subjected our own Gov ernment to its control ; and England too had become tributary' to its interest, while France had silently stood with folded arms, and looked upon the dismemberment of Mexico without objection, or the utterance of a protest. But the advocates of justice and truth stood undaunted, and were ready for the contest. The first day of the session on which resolutions were in order, Hon.' Joseph M. Root, of Ohio, presented to the House the following : " Resolved, That the Committee on Territories be instructed to pre sent to this House with as little delay as practicable, a bill or bills pro viding territorial governments for each of the territories of New Mexico and California, and excluding slavery therefrom." The presentation of this resolution constrained members of all parties from the North and from the South to a consideration of the pending issue, the magnitude of which but few statesmen then appeared to comprehend. Mr. HaU, of Missouri, moved to lay the resolution on the table. This motion, if successful, would have consigned the resolution to perpetual silence. The yeas and nays were ordered, and while the Clerk caUed the names and recorded the votes, members listened with great attention and solemnity, and the voice of some trembled with emotion as they responded to the call, and gave utterance to the vote which was to coii- sign a vast territory to slavery, or preserve it to Christian civilization. It were useless to repeat names. Every member from the slave States gave his voice in favor of laying the resolution on the table, and were aided by Messrs. Charles Brown and C. I. Ingersoll, of Pennsylvania ; Clapp, of Maine ; Kennon, Miller and Sawyer, of Ohio ; FickUn, Mc Clernand and Richardson, of IlUnois ; and Van Dyke, of New Jersey. These ten members from the free States belonged to the democratic party, and sweUed the affirmative vote, including southern members, to 80. AU members from the free States, except those designated, voted against laying the resolution upon the table, and the motion was defeb,ted by 101 to 80. The question now recurred upon seconding the demand for the previous question which had been caUed by Mr. Root. At this moment, Mr. Vinton, of Ohio, chafrman of the Committee of Ways and Means — a 294 SENATOE DOUGLAS ATTEMPTS EVASION. man of influence with the whig party — began to falter. He inqufred whether the resolution was peremptory, or whether it dfrected the Com mittee on Territories merely to inqufre into the propriety of excluding slavery from those Territories ? The Speaker repUed that it was peremptory, ordering the committee to report such bids as early as prac ticable, Mr. Vinton then said he hoped the previous question would not be sustained. This indication of an unmanly disposition to surrender the question by a leading member from Ohio, was listened to with pain and disgust by the friends of liberty ; but every member who had voted against laying the resolution on the table, now voted to second the demand for the previous question, except Mr. Vinton, and the resolution was adopted by a vote of 106 ayes to 80 noes. A motion was next made by Mr. Robbinson, of Indiana, to reconsider this vote. The discussion on this motion came up for debate a few days afterwards, and it was laid on the table by 105 ayes to 83 nays. jg^g , The subject of slavery now entered into the debates whenever the House went into committee on the state of the Union, where each speaker was allowed to select his own subject. While the House was devoting its time and energies to the discussion of slavery in all its various phases. Senators were not idle spectators of passing events. On the first day of the session, Mr. Douglas, of Illinois, gave notice of his intention to introduce biUs to organize terri torial governments in Minnesota, Nebraska and New Mexico, and a bUl to admit California as a State. Ou the 11th he introduced a biU declaring Califomia one of the States Of the Union, without referring to the subject of slavery. The biU was referred to the Committee on Territories, of which Mr. Douglas was chairman, and reported back without amendment. It contained one of the grossest frauds ever perpetrated upon a free people. It provided that all laws of the United States not inapplicable should extend over and be in force in the contemplated State. Had the bUl been adopted, this provision would have extended the domestic slave trade, authorized by the 8th, 9th and 10th sections of the law of 1801, over the new State, and the designs of the slave power in obtaining the territory would have been attained, inasmuch as the laws authorizing the trans portation and sale of slaves in California would have been construed to authorize the holding of them in bondage while there. As the subject was debated in the House of Representatives, members became more bold and more earnest in favor of free soil and free men. This gave evident pain to southern Senators. Mr. Calhoun spoke des- pondingly. Other Senators from slave States resorted to intunidation ; HIS Second attempt at feaud. 295 but Messrs. Hale and Baldwin stCadily and firmly vindicated the doc trines of human freedom^ giving conclilsive evidence that they were not to be moved from the position which they had taken Upon the attribute of Uberty. In the House of Repre's^ntWives, the friends of jnstice, aided by the -^I'eat body of the Whig party, steadUy pressed the subject with deter* milled purpose. Southern members threatened a dissolution of the - Union. Northern members retorted fri bold defiance. Some northern Whigs faltered, but in return were greeted with sneers of contempt for their moral cowardice. The Senate had always been and then was more subservieiit to the slave power than the House of Representatives, but that body appeared entirely incapable of agreeing upon any definite course of action. Mr. Douglas reported another bUl, differing somewhat from the one which he at first introduced, but retaining the objectionable feature in regard to slavery. The fraud which lurked under that feature of the bUl had been unveiled to the pnbUc . by the friends of Uberty, and this attempt to subserve the cause of human bondage now operated as a dead weight, retarding instead of accelerating the passage of the biU. Almost every slaveholder and northern supporter of the institution, now had a plan 'of his own by which he appeared to think he could entice northern poli ticians to lend their moral and poUtical influence to extend and per petuate the institution of human bondage. In the House various propositions to avoid aU reference to slavwy and admit California as a slave State were presented ; but their real character was invariably developed and exposed. ' Slaveholders and Democrats complained tha/t the friends of Uberty were constantly agit- ¦ ting the questions of freedom and slavery : to which the, Pree-soUers replied, " we opposed the annexation of Texas ; we opposed the Mexican War ; we oppCsed the conquest of territory in order to avoid these irri tating subjects ; but slaveholders and the democratic party forced them npon us ; we have been driven to the wall, and now we are constrained to vindicate ourselves, by extending civUization wherever our flag shall float." On the 19th February, Hon. Caleb B. Smith, of Indiana, moved to make the biUs organizing territorial governments in California and New Mexico the special order of each and of every day untU disposed of. The motion was sustained, and reluctant members now saw clearly that prompt and efficient action was determined on by a majority of the body. The House had passed the ordinary bUl pi*oviding for the civil and 296 'WALKEe's CELEBEATED AMENDMENT. -diplomatic expenses of Govermnent, and had sent it to the Senate for concurrence. On the 20th, Mr. Walker, a Democrat, of Wisconsin, offered to the consideration of the Senate his celebrated amendment, providing that all acts of Congress for registering, licensing or enrolling ships or vessels of the United States, should extend over the territory' of Califomia ; and giving the President authority to estabhsh a terri torial government therein. This proposition also in latent form extended the coastwise slave trade to CaUfornia, although but few members dis covered it npon a casual reading. This mode of deception had long been practised by the slave power, and northern members had been slow to expose it, when discovered. 1849] ^^ ^^^ ^'^^ February, Mr. Webster, of Massachusetts, pro posed an amendment, simply authorizing the President to hold possession of CaUfornia and New Mexico, and to protect the inhabitants in the enjoyment of liberty and property. The amendment of Mr. Walker, however, was debated until the 26th February, when it was a-dopted in the Senate by a -mEgority of two votes, members voting generally with their political parties. On the foUowing day the House resumed the consideration of the bUl to organize a territorial government in California, and after a severe contest, members were brought to a final vote upon its passage, and it was carried by a majority of 126 to 81 ; every member from the slave States voting against the bUl, aided by Messrs. Bridges, of Pennsylvania ; Kennon, MiUer and Sawyer, of Ohio ; whUe every other member from the free States voted in favor of its passage. It was sent to the Senate for concurrence ; and on the foUowing day that' body took it up for consideration, and it was read a first and second time and referred to the Committee on Territories, and was no more heard from. The civU and diplomatic biU was retumed to the House with several ¦amendments, which the House immediately referred to its appropriate committee, who reported it back, with a recommendation to strike out the amendment of the Senate organizing a government in CaUfornia which extended the coastwise slave trade to that territory, and to insert an amendment simply authorizing the President to hold the territory an^ jffotect the people in the enjoyment of Uberty and property. The two Houses were now at a dead lock. The Senate was in favor of slavery in CaUfornia, and the House opposed it. It was Friday, 2d March, and the Congress was to close on the 3d, by operation of the Constitution. The mass of unfinished business before each House forbade debate : yet the feelings of the advocates of Uberty had become intense, whUe the supporters of slavery were stiU more excited. The magnitude EXECUTIVE INFLUENCE FOE SLAVEET. 297 of the issue appeared more sublime as members approached the moment of decision. The report of the committee upon the amendment of the Senate to the civU and diplomatic biU was taken up for consideration in the House. That body agreed to the report striking out the Senate's amendment, bnt disagreed to so much as recommended the insertion of the amendment proposed by the committee : and the bUl was returned to the Senate, , with the aniendment inserted by that body simply stricken out. This was the condition of the question at the hour of adjournment on the 2d March, while only one day pf the thirtieth Congress remained for the disposition of the business before it. On the morning of the last day pf tjie session, the cry was raised that the friends of free soU in the House of Representatives were intending to defeat every measure for establishing a government in California. The incoming President, Genejral Taylor, his Cabinet, and others, were said to have become anxious on the subject.* One of his Cabinet offi cers, Mr. Preston, of Virginia, was a member of the House, and sat in that body on the last day of the session. Other members left their quar ters and appeared in the Hall of Representatives, endeavoring to per suade members to accept some proposition for establishing a govern ment in CaUfornia. This, too, was done while the bill for that purpose had been matured and passed by that body, and was then on the table of the Senate, and could have been passed in five minutes had Senators been wiUing to exclude slavery from the territory. Yet no member of General Taylor's Cabinet, nor friend of his Administration, has to this day explained why no efforts were made to persuade the Senate to pass the bill before it ; nor why they should have been so anxious to have the House accept some plan of the Senate, whUe thpit body presented no other proposition than one which would have planted the curse of human bondage upon the soil of California, When the House assembled at 11 o'clock, the friends of freedom felt less confident than on the. previous day. Suspicions were entertained that leading Whigs would surrender the question. Soon after the hour of meeting, the Senate took up the amendment of the House striking out that of the Senate, and disagreeing thereto, requested a conference. The House consented ; but the Committee pf Conference could not agree, jmd so reported to the two bodies. Mr, McClernand, of IlUnois, now moved that the House recede from its amendment striking out the Senate's proposition, and the motion prevaUed 101 to 101. This vote caused some despondency among the * Tide Letter of Senator Seward to fjie editor of the " National Intelligeneer," March 24th, 1849. 298 LIBEETT AND JUSTICE TEIUMPH, friends of liberty. Every member from the slave States voted for Mc Clemand's motion, aided by Messrs. Clap, Clark and WUly, of Mame ; Brady, Bridges, Brodhead, Brown, Hampton, J. R. IngersoU, Irwin, C. I. Ingersoll, Levin, Stewart and PoUock, of Pennsylvania ; Kennon and Sawyer, of Ohio ; Ficklin, McClernand and Richardson, of IlUnois. Five of the gentlemen mentioned from Pennsylvania were Whigs, active friends of the President, and their vote was regarded as indicative of the Executive wishes. Mr; Thompson, of Indiana, moved to-insert in Ueu of the Senate's amendment a proposition leaving the territory of Califomia as it was before its cession to the United States. This made the territory free, and the amendment was adopted 111 to 105, and the biU was again returned to the Senate, at nearly one o'clock on Sunday morning, the 4th March. From various quarters members were assured that General Taylor, the President elect, was anxious that the House should accept the Senate's amendment, and that his influence had been exerted for that purpose. But gentlemen felt too much self-respect to change position on so momentous a question thus suddenly, while every advocate of free soU was active. Great excitement was manifested in all parts of the haU and in the Senate, Members of irregular habits had recom'se to artificial stimulants, which rendered the scene more gloomy. The night was dark, the city was quiet, and most of the spectators had left the galleries, while that great battle for freedom in CaUfornia was fought within the Hall of Representatives, against aU the influence of the slave power, and the blandishments of Executive favor, aided and assisted by Senatorial influence. It was between three and four o'clock on Sunday morning, that the Senate again took up the last amendment of the House for consideration. Mr. Davis, of Mississippi, now moved that the Senate recede from its amendment. His tone and manner was subdued. His voice faltered, and he spoke with evident emotion, saying that it had become evident that the House would not agree to the Senate's amendment, and that he regarded it as the duty of that body to save the bill and sustain the Government. His motion was agreed to, the bUl was passed and signed, and California was free. This victory was obtained under the force of peculiar circumstances. General Taylor had pledged himself not to interfere with the legislation of Congress ; a man of sincere purposes, he abstafried from: interference nntU the last days of the session, when it was too late for Whigs who entertained feelings of self-respect to change thefr position. The whig party now bemg in power, northern Democrats were THE FATAL BLOW GIVEN, 299 •wUling that the new Administration should incur what they regarded as the odium of maintaining freedom in CaUfornia. But that triumph may be said to have defeated and demoraUzed both of the great poUtical parties ; above all it was a most signal defeat of the slave power. CaU fornia and New Mexico had been obtained for the purpose of extending slavery over them ; and the establishing of freedom in those territories was a fatal blow to the institution, from which it never recovered. And its downfall may be dated from that eventful night. 300 CALIFOENIA EEQUE8TED TO FOEM A BTATE CONSTITUTION. CHAPTER XX. UNPRECEDENTED CONTEST FOR SPEAKEE — THE SPIRIT OF DISUNION DE VELOPEi) THE CONTEST UPON THB ADMISSION OP CALIFOENIA— PAYMENT OF THE DEBTS OP TEXAS DEATH OF ME. CALHOUN. At the close of the thfrtieth Congress CaUfornia was left without the protection of law. Soon after the adjournment the President dispatched a messenger to the people of that territory, requesting them to form a State constitution and apply at an early day of the next Congress for admission to the Union. It is believed that he attempted to exercise no influence in regard to the adoption or repudiation of slavery ; bnt left that question entirely with the people, a policy which resulted in the adoption of a free constitution and organization of a State govem ment. jg^g -. At the assembling of the thirty-first Congress it was found that the members had been elected from the whig and democratic parties in nearly equal numbers. The practice of so arranging the com mittees as to sUence the voice of northern phUanthropy had been fuUy maintained by the whig Speaker of the former Congress. The advocates of justice and of northern honor now determined that their votes should be cast for no candidate who should refuse to pledge himself to abandon this practice, so unjust and dishonorable. Messrs. Tuck, of New Hampshire ; Allen, of Massachusetts ; King, of New York ; WiUmot, of Pennsylvania ; Root and Giddings, of Ohio -; Julian, of Indiana, and Durkee, of Wisconsin, had been elected as advocates of constitutional liberty, and were expected to oppose every encroachment upon the constitutional rights of any portion of the Union. The poUcy had been mtroduced at the commencement of the former Congress by Messrs. Palfrey, Tuck and Giddings, who refused to vote for the whig nominee. The same gentleman was again nominated, and those opposed to his election now numbered eight instead of three. They boldly demanded of the candidates an avowal of principles. For half a century the great effort had been to select candidates for federal offices whose views in regard to slavery were unknown. But these eight members now determined to vote for candidates whom they knew to be THE CONTEST FOE SPEAKEE COMMENCES. 301 right, and not for men whose highest recommendations were that no one knew whether they were right or wrong. The two great contending parties were duly informed of this resolu" tion, and were assured that when either should present such a candidate he should be supported by the votes of the gentlemen named. It was conceded that a majority of aU the votes was necessary to elect a Speaker, and that neither poUtical party could control that majority. Several other members from both political parties appeared anxious to act with the eight Pree-soUers, as they were caUed from their advocacy of freedom to the Territories : Among them Hon. John W. Howe, of Pennsylvania ; Governor Cleveland and Hon. Boothe, of Connec ticut ; Hon. Horace Mann, of Massachusetts, and Hon. Joseph Cable, of Ohio, were prominent. At the usual hour the House convened and proceeded to ballot for Speaker, and on counting the votes it was found that the whig candi date, Hon. Robert C. Winthrop, had received 96 votes, Hon. Howell Cobb had received 103 votes, and Hon. David WUlmot had received 8 votes. There were fourteen votes cast for individuals who were not candi dates. Of these members 109 had previously acted with the whig party and 112 had previously acted with the Democrats. These facts clearly, in dicated that the Whigs could only hope for success by putting in nomi nation a candidate who should receive the support of the Free-soUers. On the 4th December, the baUoting was renewed, but with no better success. Five ballots were cast without any material change in the position of the various candidates : And members of the two great parties appeared astonished at finding the Free-soilers immovable in the position they had taken. The oldest members of Congress had never -witnessed such a phenomenon, and dark insinuations were thrown out against members who would thus endanger the Union : But in response to these intimations, both of those parties were assured that as soon as either should present a candidate who was recognized as a sin cere supporter of the constitutional right of petition, the Free-soilers would sustain him. On the 5th, three ballots Only were taken without arriving at any re sults. Southem members had recourse to attempts at intimidation, bnt the Pree-soUers paid Uttle attention to them. On the 6th, various propositions were brought forward, all looking to the appointment of a chafrman as a means by which the friends of Uberty could be cheated into the support of one of the great parties, but they 302 ME. BEO-WN SUPPOETED, were aU voted down : and the baUotings continued untU the 10th, when members appeared frritated and spoke with much apparent feeUng on the subject. To these manifestations of ill-feeUng Mr. Root, of Ohio, responded in a vein of satirical humor that caused much laughter, whUe he gave members to understand very distinctly that the Uttle party -with whom he acted were not likely soon to change the position which they had assumed. • Mr. Sweetzer, a Democrat, of Ohio, now proposed an adjournment sine die. Mr. Holmes, of South Carolina, expressed his apprpval^ but no vote was taken npon it. On the 11th, the baUotings were continued, with no other result than the apparently satisfactory conclusion that the smaU band of Free-soUers were nbt disposed to aid the election of a Speaker who would be likely to treat the petitions of the northern people with disrespect. The 39th ballot showed that WiUiam J. Brown, a Democrat, of Indiana, had received 109 votes out of 226, being a larger vote than any other candidate had received. The whig candidate, Mr, Winthrop, now rose, and -with much apparent emotion thanked his friends for their support, and -withdrew his name from the list of candidates, and the House adjourned. This was the first instance in the annals of American poUtics where a candidate for Congressional honors had faded in consequence of his devotion to the interests of slavery. Up to this tune it had been sup posed necessary for candidates to manifest thefr interest in the institu tion in order to obtain office, but the poUcy was now suddenly reversed. The incident was regarded with intense anxiety, and showed very clearly the increasing influence of the advocates of freedom. During the evening, the Uttle band of Free-soUers was informed that Mr. Brown was ready to pledge himself so to arrange the committees as to 'secure reports upon petitions concerning slavery. Neither the moral nor poUtical character of Mr. Brown recommended him to the favor of just and honorable men. Yet the Free-soUers had constantly assured the other parties, that whenever they would select a candidate pledged to arrange the committees of the House so as to secure the right of petition, they would vote for him ; and now aU but Mr. Root, of Ohio, and Mr. Julian, of Indiana, consented to redeem then- pledge. A committee, consisting of Messrs. WiUmot and King, was appointed to wait on Brown, and receive from him the written pledge which he was said to.be prepared to give. He was addressed in writing and returned the foUowing answer ; HIS PLEDGE. 303 "¦W^ASHiNQTON Cut, Dec. 10, 1849. " Deae Sir, — In answer to yours of this date, I wUl state that should I be elected Speaker of the House of Representatives, I will constitute the committees on the District of Columbia, on the Territories, and on the judiciary, in such manner as stall be satisfactory to yourself and your friends. I am a representative of a free State, and have always been opposed to the extension of slavery, and beUeve that the Federal Govem¬ment should be fdieVed' from the'responsibility of slavery where they have the constitutional p&wer to abolish it. "W. J. BROWN. " Hon. David Willhot:" The pledge was ample, but the character of Brown was objectionable. Mr. Root refused to sustain him. JuUan also objected, and was detained from the House by indisposition ; but Messrs. AUen, King, WiUmot, Durkee, Tuck and Giddings felt it thefr duty to Uve up to the assurance previously held out. On the assembhng of the House next morning, there was great ner vousness among Whigs, and the writer was often inquired of whether he intended to vote for such a man as Mr. Brown ? To these inqufries he repUed that he believed it a duty to vote for Mr. Brown, in order to maintain the constitutional rights of the people, which had been dis regarded- by the Speaker of the previous Congress. Those members who made the inqufry admitted that the -writer had acted frankly and hon estly, but declared that they had not believed that he would ever vote for Mr. Brown. The Whigs had elected thefr candidate to the Presidency, and could have elected a Speaker, by taking any member pledged to sustain the constitutional right of petition, by a proper arrangement of committees ; but they would not, and now they saw their party must soon be dis banded. An unusual solemnity rested npon the countenances of members as the Clerk, amidst the most profound sUence, commenced calUng the roll, and when the name of Charles Allen was called, and that gentleman, in his own quiet tone, responded " WiUiam J. Brown," there was a distinct sensation manifested throughout the haU, and it was renewed when Charles Durkee made the same response ; but a most, profound anxiety and deep interest was visible when the Clerk commenced caUing the names beginning with the letter G., and as the name of Joshua R. Gid dings was caUed, and he responded " WilUam J. Brown," a murmuring sensation ran through the haU. The fact that he should vote for a 304 THE VOTE AGAINST BEO'VVN. Democrat of Brown's character seemed to strike the Whigs with perfect astonishment. Southern Democrats had watched the vote of the Free-soilers with interest, and when Messrs. AUen, Durkee, King, WiUmot, Tuck and Giddings voted for Brown, several southern members changed thefr votes, and left Brown in a minority. The vote standmg : W. J. Brown 112 WUliam Duer 26 Edward Stanly 18 Charles S. Morehead 11 Robert C. Winthrop 11 Edward W. McGaughey .... 13 and some twenty other votes were cast for individuals who were not can didates. Brown had been defeated by southern votes, and he felt the blow : But just at the very moment when the whig party should have seized upon the favorable moment to elect a Speaker pledged to the Constitu tion, Mr. Stanley, a Whig, of North Carolma, offered a resolution, stat ing that — " The democratic party be requested to appoint three members to confer with three members of the whig party relative to the choice of proper officers of the House of Representatives." In his address urging the adoption of his resolution, he appUed to the Free-soUers terms and epithets unusual in legislative bodies. Mr. Bayley, of Virginia, a Democrat, replied to Mr. Stanley,charging that gentleman and the whig party -with electing a President who had been-sUent, not daring to say anything on the sutg'ect of slavery ; but leaving every man to imagine that when elected he would do as each of his supporters desfred. But the debate soon turned npon the correspondence between Messrs. WiUmot and Brown. The note of Mr. Brown was read pubUcly in the House, and members engaged in debating the extraordinary cfrcum stances, without aiming at any particular object. As the House convened on the 13th, members again appeared solemn. They now seemed to realize that the advocates of Uberty were not to be driven nor flattered from thefr position. Stanley's resolution was regarded as proof, that southern Whigs were more disposed to break up the whig party than permit it to become the instrument of sustaining the constitutional right of petition : and northern members of the whig organization appeared to feel that it must be abandoned. Nor did it recover. It had come into power without any avowed or definite prin- QUAEEEL BETWEEN MEADE AND DUEE. 305 ciples, and at that point its triumph ended. There being no common principle on which its members could raUy, the organization disbanded, and this contest for Speaker constituted its last battle-field ; and the , movement of Mr. Stanley inflicted the fatal wound of which it died. Mr. Brown, of Mississippi, offered a resolution declaring Howell Cobb, of Georgia, to be Speaker, and addressed members in support of his pro position. Other resolutions were offered and exciting speeches were de Uvered. Mr. Meade, of Vfrginia, as if his patience had been tried to the utmost, declared himself ready to vote for any man of any party, who would crush this demon of discord now seeking the abolition of slavery in the District of Columbia and in our Territories ; but if these measures were to be carried, he trusted in God that he had looked upon the last Speaker of the House of Representatives. This distinct enunciation of disunion sentiments appeared to arouse the patriotic feeUngs of Mr. Duer, of New Tork, who proclaimed him self ready to vote for any one, " a Whig, or Democrat, or Free-soUer — any man except a disunionist." Mr. Bayley, of Virgmia. " There are no disunionists in this House." Mr. Duer. " I wish I could think so, but I fear there are." Mr. Bayley. " Who are they ? Point them out." Mr. Duer. " I beUeve there are some from your State ; I think I see one of them now" (pointing towards Mr. Meade). Mr. Meade, in his seat. " It is false." Mr. Duer. " Yon are a liar." Meade now rushed at Duer : Duer's friends gathered around him, and Meade's friends rushed to him. Different voices mingled in angry tones. Profane curses and defiant imprecations constituted the only audible ex pressions uttered by the hostUe parties. The Clerk called to order at the top of his voice ; the Sergeant-at-arms seized the mace and bore it into the midst of the crowd, whUe excited voices from various quarters bade him " take away that bauble." At length the tumultuous waves began to subside, and the excitement -^aduaUy died away. Members came to themselves, and one after an other retired to theii: seats, and when Mr. Duer's voice could.be heard, he apologized to the House for having used language unbecoming the place.* Mr. Toombs, of Georgia, was more honest than Meade. He was vehement m his denunciation of Free-soUers for taking advantage of this occasion to promote thefr objects, saying, " I do not hesitate to avow • Ueade challenged Duer to mortal combat for thns charging him with being a disunionist in 1849, but wflB one of the first to join the disunion rebellion thirteen years afterw.^rds. 20 306 DISSOLUTION THEEATENED. before this House andthe country, and in the presence of the Uvmg God, that if you seek to drive us from the territories of California and New Mexico by excluding slavery therefrom, and aboUsh slavery m the. Dis trict of Columbia, I am for dissolution!' Mr. Duer now explained in a very undignified manner, disavowing any intention to exclude slavery from CaUfornia or New Mexico, or of abo Ushing it in the District of Columbia, and insisted that such imputation was unjust to nine-tenths of the people of the free States. Mr. Inge, of Alabama, inquired of Mr. Duer if he would vote for the gentleman from Georgia (Mr. Toombs). Mr. Duer replied, " I did not understand the gentleman from Georgia to be in favor of a dissolution except in a certain contingency, and with that understanding I would vote for him if necessary to organize the House."* Mr. Baker, of lUinois, declared that the people had the right to ex- ,clude slavery from CaUfornia and New Mexico, and the District of Co lumbia, if they desfred, and such exclusion would afford no cause for dissolution.^ Mr. Stephens, of Georgia, declared that he approved of every word that his colleague, Mr. Toombs, had uttered, and assured northern men that whenever southern institutions were invaded outside of slave States, either in the Territories or in the District of Columbia, the Union would be dissolved.! Mr. Cleveland, of Connecticut, in a very cool and sensible manner, assured southem gentlemen that the people were free, and would exer cise the rights of freemen wherever they had the constitutional autho rity to do so! Mr. Colcock, of South Carolina, agreed with Messrs. Toombs and Stephens, that the Union would be dissolved whenever slavery should be excluded from our Territories or from the District of Columbia. 1849.] ^^- -^llen, of Massachusetts, with dignity of manner and great force of argument, defended the course of the Pree-soUers, and in chaste and dignified language exposed the threats and superciUous bear ing of southern members. The debate continued to a late hour, and very fully and clearly manifested the mortification and disappointment * Mr. Toombs, probably, had no more attachment to the Union at that time than he had whUe acting as Secretary of War for the Confederate States thirteen years afterwards. * Mr. Baker was a native of England, a man of fine talents and devoted to the Govemment. He was appointed a Brigadier-General In the army of the United States, and feU at the battle of Ball's Bluff, hi 1802. t Mr. Stephens was the first Vice-President of the Confederate Government, a whig, and lilte Mr. Btanley, wielded gi-eat influence with northern members of that party. A FACTIOUS SLAVEHOLDEE. 307 which southern members felt at thefr failure to estabUsh slavery in CaU fornia and New Mexico at the previous session. Threats and arrogant bluster was regarded as the resort of the slave power. Before the adjournment another ballot was had for Speaker, which demonstrated the demoralization of both whig and democratic parties. The debate and baUotings continued until the evening of the 20th De cember, when the Whigs and Democrats met in separate conventions, and appointed committees from the free and slave States to confer and agree upon some mode of organizing the House. The writer having heard some hints in regard to these meetings, called out the facts in open session, by interrogating Mr. Ashman, a Whig, of Massachusetts. The 21st December was entfrely occupied in debate. The House was as yet an unorganized body of men. Each member was controlled by his own sense of propriety. In accordance with this common propriety, and from necessity, the Clerk had from the commencement of the govern ment caUed members to order, at 12 o'clock on the first day of each Congress, and calling to his assistance four members, had proceeded to call the roll and receive the votes for Speaker, who, soon as elected and sworn, assumed official functions ; but up to the 22d December the members had been unable to elect a Speaker : yet all had demeaned themselves in an orderly manner, save in the affafr between Messrs. Duer and Meade, and they had quietly submitted all questions of order to the decision of the Clerk, agreeably to former precedent. On the day last referred to, Mr. Toombs, a Whig, of Georgia, claimed the floor, for the purpose of addressing the House ; but was called to order from various parts of the hall as the House were proceeding to vote on a pending question. Toombs insisted on speakmg ; the Clerk declared the call for yeas and nays on the pending question to have been carried, and com menced calling the roll. Toombs, setting at defiance that courtesy and respectful demeanor towards his fellow-members which had ever controlled their action, continued in a lond tone of voice to address the House. The Clerk proceeded in calUng the roll of members, and while thus em ployed and the members were responding to their names, Toombs became more boisterous in his tone and manner ; members, unable to hear their names when called, left thefr seats and gathered around the Clerk's desk and made their responses to the caU, whUe Toombs, apparently enraged, now spoke at the very top of his voice to the members, not one of whom was paying any attention whatever to his vehement tfrade, and no re porter attempted to give any sketch of his remarks. The Clerk declared the vote. Toombs continued speaking in the most boisterous manner. 308 SUICIDE OF THE WHIG PAETT. and the Clerk and other members continued the regular busmess amid great disorder for thirty or forty minutes, when, apparently from physical exhaustion, Mr. Toombs suspended further effort, and Mr. Staunton, of Tennessee, as chafrman of a joint committee of the whig and democratic parties, stated that said committee had agreed to advise the House to proceed to take three more" ballots for Speaker, and if no election be bad, the roU should be again called and the candidate receiving the high est number of votes should be declared duly dected. 1849 1 ^^^ writer then offered a resolution setting forth that as the Constitution required a majority of all the votes given to elect a Speaker, no vote of a minority of the members could elect such officer ; but as one-fifth of the members were not in favor of this reso lution, the yeas and nays could not be obtained, and it was rejected. The House then adopted Mr. Staunton's report by a vote of 113 to 106. On the adoption of this report there was some exultation, but the older and more considerate members regarded it as a precedent for setting aside the Constitution in coming time. The three baUots were taken and the House reached the contmgency contemplated in the report ; and the Clerk proceeded to caU the roU of members for the final vote, being the ststy-thfrd baUot. After the roU had been called, Mr. Tuck, of New Hampshire, rose ^nd changed his vote from Mr. WUlmot to Mr. Winthrop. The other members of that Uttle band remained firm to the last, and the vote was declared as foUows : for HoweU Cobb, 102 ; for Robert C. Wuithrop, 99 ; for David WUl mot, 8. Mr. Stanley then rose and proposed a resolution declaring Mr. Cobb to have been duly elected. This proposition was adopted by a vote of 141 to 34. Mr. Cobb then took the oath of office and was duly instaUed as Speaker of the House.* This contest was one of unprecedented duration. The fact that eight members, acting npon what they deemed thefr constitutional duty, voted for no man who would not pledge hunself to uphold the constitutional * The whig party had ever been controlled in Its action by southem members. Indeed, a perfect infatuation appeared to have taken possession of the northern members of that organization. At any day durmg the three weeks of conflict they could have elected any member of the party whp would pledge himself to sustain the constituaonal right of petition, by appomting committees iriio would report on northern petitions. There was no pledge demanded that they should report in favor of such petitions ; but the demand was that the peUtlons should be respectfully responded to. Xet that party suffered Mr. Stanley, a slaveholder, to lead them to disbandment rather than snstam the right of petition. It should be further bortie hi mind that the Free-soilers proposed to vote for Mr. Stevens, of Penn sylvania, without any pledge, as they regarded him committed to the support of the Constitution by hia past life. SPEAKEE ELECTED BT EESOLUTION. 309 rights of the free States, set at defiance the taunts and threats and per secution of the two great parties, mat the slander and detraction of partisan presses, and finaUy maintained thefr moral and political integ rity, compeUmg the two pro-slavery parties to unite in order to preserve the influence of the slave power, constitutes an important incident in the " regime of slavery." Experienced statesmen then saw that the whig party had voluntarily surrendered up its existence sit the dictation of its slaveholding members. Tme, it attempted to raUy on the Presidential election of 1852, but it failed, and with this election of Speaker that party ceased to exist as a potential organization. This result also demonstrated the poUtical principle that the advocates of slavery and the supporters of liberty cannot act . together when pro perly confronted by those who would maintain the principles which lie at the basis of our Government. The House bemg organized, the President transmitted to Congress his first annual message, informing the members that the people of CaU fornia and New Mexico had formed State governments and adopted State constitutions, and would at no distant day apply for admission to the Federal Union. This circumstance was regarded as favorable to the cause of human freedom, and was gladly haUed by the friends of human rights. ' The -violent attacks of the whig press upon the Free-soilers who had so firmly refused to vote for any candidate who would not pledge himself to maintain the constitutional right of petition, attracted gene ral attention throughout the country. They denied that those mem bers were actuated by patriotic motives, but insisted that they had re fused to vote for Mr. Winthrop for the purpose of destroying the whig party. ' In consequence of these assaults, Mr. Root took occasion to inform the House and the country that Mr. Cobb held the office of Speaker by ¦vfrtue of Mr. Stanley's resolution, and not by the votes of eight Free- soUers. A debate of a mixed character, being in part personal and in part political, foUowed, in which the writer participated, sustaining Mr. Root and justuying the " Free-soilers," whUe Messrs. Winthrop and Rockwell, of Massachusetts, and Schenck and Vinton, of Ohio, endeavored to vindicate the whig party. The discussion manifested the intense hostiUty of the Whigs towards those who devoted. their energies to promote the cause of Uberty and civiUzation. . Both Whigs and Democrats also appeared to feel that the interests 310 THE VOICE OF VEEMONT, of humanity had been too successful in excluding slavery from QaUfornia, and that measures must be adopted to placate the slave power. On the 31st December, Mr. Root offered a resolution directing thp Committee on Territories to repoi:t a bill organizing aU that territory obtained from Mexico ; and laying east of Califomia, exduding slamery therefrom. Delays were interposed untU the 4th February,. when the resolution was rejected by a vote of 105 to 15. In accordance with the policy adopted by the Executive in regard to California, the people of New Mexico formed a State constitution and govemment, excluding slavery, and applied for admission to the Union,; but after some delay the appUcation was rejected, the democratic party having control of the House, as it was then organized. 1850.] '^'^- 'Uptiam, of Vermont, presented to the Senate a resolution adopted by the Legislature of that State, declaring " that slavery is a crime against humanity and a sore evU in the body politic, that was excused by the framers of our Federal Constitution, entaUed upon the country by thefr predecessors, and tolerated solely as a thing of mexora- ble necessity ;" and caUing on Congress to exdnde it from the Territories of the United States, from the District of Columbia, from the high seas, and from all other places where Congress holds exdusive jurisdiction. The presentation of this resolution occasioned a spirited debate. Mr. Yulee, of Florida, objected to its being printed.- He regarded the language declaring slavery a crime as offensive to the people of other States. Mr. Mason, of Virgmia, also referred to the language in terms of condemnation. Mr. Phelps, of Vermont, maintained the right of the people of his State to speak their own views without restraint. Mr. Boreland, of Arkansas, spoke with great severity, 'proclaiming, a dissolution of the Union if language Uke that used m this resolution was tolerated. Mr. Chase, of Ohio, a new member from that State, thought that the rule of the Senate should be maintained, that every State had the right to express the views of its people upon all subjects, including that of slavery, and assured Senators that the State of Ohio would be Ukely to speak the sentiments of her people, irrespective of threats of disunion, let them come from what quarter they may. This was the first time Mr. Chase spoke in the Senate. He had been one of the leading anti-slavery men of Ohio, and was elected to the Senate as such. He had spoken and written in favor of the natural rights of mankind ; and southern members were weU ac quainted with his character. Mr. Butier, of South CaroUna, a man ot, THE VOICE OF MISSOUEL 311 age and high position, replied to Mr. Chase, declaring that South Caro Una had made great sacrifices hi smTendering to Congress the power over commerce and navigation ; and then read a long letter -written by Mr. Chase, declaring the doctrines which he had long maintained in public and in private, manifesting the singular coincidence of action between these two Senators : Mr. Chase having desired the public to understand his views with the expectation that they would be sustained ; while Mr. Butler read them to the Senate with the expectation of injuring the in fluence of the Ohio Senator. The debate continued four days, but at its conclusion the resolutions were ordered to be printed. Mr. Benton presented resolutions from the Legislature of pgg^ Missouri, declaring that the Federal Constitution was a compro mise of conflicting interests ;' that it gave no, power to Congress to legislate upon the subject of slavery, except in regard to the African slave trade and the return of fugitive slaves. " That any attempt to legislate upon the subject of slavery in the District of Columbia or in the Territories would be'a violation of the Federal Constitution tending to a dissolution of the Union." The students of our poUtical history will wonder at these ab surd doctrines put forth by legislatures of that day. The Govern ment had been founded upon the avowed right of every human being to Uberty, and the Constitution had declared that no person should be deprived of liberty without trial by due process of law : Yet professed statesmen, under excitement, solemnly placed on record the opinion that Congress could not legislate for carrying out the very purpose of its existence. But the absurdity of these resolutions become most apparent when we call to mind the fact that slavery and the slave trade in the District of Columbia and upon the high seas had been established by congressional legislation, and the power of Congress to repeal its own enactments was then denied by the slave power. The Legislature of Missouri, however, declared further, that in case Congress legislated for the exclusion of slavery from the District of Columbia or from the Territories, that State would be found acting with other slave States in favor of a/ny measures deemed neassary to preserve the rights of her people. Mr. Benton, on presenting these resolutions, declared that the Legis lature of his State had mistaken the fedings of her people, who would never be found acting in favor of a dissolution of the Union.^ Mr. Hale presented the petition of citizens of Pennsylvania, praying * Missouri was subsequently the first of the slave States to declare in favor of emancipation. 312 THE VOICE OF NOETH OAEOLINA. Congress to take measures for the peaceful dissolution of the Ameri can Union. This aroused the feeUngs of southern members, who denounced the memorialists with great bitterness, in a. debate of two days upon the propriety of receiving the petition, which was finaUy excluded.* Mr. Mangum, a Whig, of North CaroUna, presented the resolutions of a popular meeting in that State denouncing the people of the free States as fanatical and dishonest, and threatening a dissolution of the Union if, what they termed, the rights of the South were interfered with. It is among the curiosities of slaveholding hterature that plainness of language was never used where slavery was concerned ; thus, these resolntions spoke of the rights of the South, meaning slavery and the slave trade in the District of Columbia, in the Territories, and on the high seas, and if these were interfered with,' the people of North Carolma would secede from the Union. Mr. Hale objected to the reception of this memorial which threatened violent dissolution, as the petition which he had presented but a few days before from Pennsylvania had been excluded from the Senate, be cause it asked a peaceful dissolution. But this memorial from North CaroUna was respectfully received and referred to the Committee on Printing, to be pubUshed or withheld from publication as they might think proper, only two democratic members voting against the proposition, to wit, Messrs. Douglas, of . IlUnois, and Bradbury, of Maine. ^ggu , Mr. Seward, of New York, presented the petition of some two hundred and twenty citizens of that State praymg the aboUtion of slavery and the slave trade in the District of Columbia, and asked its reference to the appropriate committee ; but its reception was refused. Messrs. Bright, of Indiana; Dodge and Jones, of Iowa; Cass, of Michi gan; Douglas, of Illinois; Dayton and Miller, of New Jersey, votmg with the slaveholders to exclude the petition. From aU parts of the free States petitions were now daUy presented in each House of Congress for the aboUtion of slavery and the slave trade in the District of Columbia, in the Territories of the United States, and upon the high seas. Others requested that Congress would pubUcly acknowledge the existence of a Supreme Being, and the duty of obey ing His law : whUe from various slave States memorials were presented • Thirteen years after this debate every southern member who assailed these memorialists with invective, was sustaining an armed rebellion against the Union, which they had proclaimed sacred to ffoery American, A FEEE CONSTITUTION IN CALIFOENIA. 313 setting forth the .blessings of slavery, declaring it a divine institution, and praying Congress to extend its benefits. But the subject which attracted more attention than any other, was the question of admitting California as- a free State. The people of that far distant territory had, in accordance with the Executive wish, formed a constitution and State govemment, and now asked admission to the Union of States. They had expressly prohibited slavery, by the consti tution, from existing in that important region, which the slave power bad designed as the abode of abject servitude. The advocates of slavery now learned by experience, that the ..^^^ slaveholder, with his servants domiciled around him, with his plantation and its peculiar paraphernaUa regulated and adapted to the taste, the habits, and wants of the owner, was not only unwUUng to remove to a new cpuntry, but was positively unable to do so -without great sacrifice of property, of ease, and of comfort. In consequence of these difficulties, not a large slaveholder had removed to CaUfornia, and but few owners of a smaU number of slaves were to be found there, at the time the people were shaping the institutions of that embryo State-; while young and enterprising citizens from every free State had taken up their abode in the territory, almost as soon as the treaty had been signed. These young and active men were lovers of liberty, and were careful to give the proper character to the constitution and laws of CaUfornia. Having failed to estabUsh a slaveholding government in the territory acqufred for that purpose, the slave power was at once arrayed against its admission as a free State. Accordingly, the debate on that question was opened by Mr. CUngman, of North Carolma. He appeared clearly to comprehend the danger to slavery arismg from the progress of Chris tian civilization ; and that the institution could be preserved from imme diate destruction only by obtaming further concessions in its favor before California should be admitted. He was candid in his statement of the views and designs of the anti-slavery men. He admitted thefr object was merely to exclude slavery from the District of Columbia, from tbe Territories, and from the high seas ; making a total separation of the Federal Government from aU support of the institution.* He denounced these objects as unconstitutional. He' spoke of the loss of slaves by voluntary emigration to Canada, complained that northern men would * It is a singular fact, that while some slaveholders were thus candid and specific In their assertion of the objects of anti-slavery men, northern presses and northem pro-slavery politicians denounced anti-slavery men In general terTnsj but never made any specific charges, which could be met and disproved. 314 ABSUED CLAIM OF TEXAS. not capture them ; and insisted that Congress was bound to enact a more efficient law for thefr arrest and retum. He spoke freely of dis union, and insisted that the northwestem States would unite -with the South, if the Union were dissolved ;* and cautioned northem men to beware. Mr. Howard, of Texas, said the pubUc ought to know whether a southern President had induced the people of CaUfornia to adopt a constitution excluding slavery ; declaring that the South had ever re quired of Presidential candidates express pledges to maintain southern in terests. But the burden of Mr. Howard's speech was the right of Texas to aU the territory lying east and north of the Rio Grande. Perhaps history records no instance of a more unfounded assertion of claim, than that of Texas to the territory mentioned. The intendency of Texasj and that of CoahuUa, had been originaUy united under one government ; and when 'about to separate, a commis sion was appointed to establish the Une between them. At the head of this commission was General Almonte, for many years Minister to the Uuited States. The Une of demarkation commenced at the mouth of the Aransas, one hundred and forty miles north of the Rio Grande, and extended northwesterly at about the same distance from that river to the east Une of New Mexico. Most of this last mentioned intendency, with' Santa Fe, its capital, its custom-house and many of its most populous villages, lay east of the Rio Grande. Texas revolted in 1836, and, by resolution, declared all the territory north a-nd east of the Rio Grande to bdong to her people, and sent an army to New Mexico ; but every man was killed or taken prisoner. Another army had marched upon Mier, on the Rio Grande, withm the inten dency of Chihuahua ; bat every man was kUled, taken prisoner, or made a hasty retreat back to Texas. And the Mexican custom-house, lymg north of the mouth of that river, continued to receive duties ; and aU acts of jurisdiction were exercised by Mexico over the whole territory, between the Nueces and the Rio Grande, untU the American army, under General Taylor, marched towards BrownsvUle, when he met the Mexican army, and the battle of Resaca de la Palma was fought upon the territory which the slave power now declared to have belonged to Texas. 1850.] ' "^^^ territory thus arrogantly asserted to be a part of Texas, was of an average width of one hundred miles, and extended from the mouth to the source of the Rio Grande, being some two thousand * This Is now the watchword with the northern democracy, at the time of writing these sketches— 1868. They are merely repeatmg the language of Mr. Olingman. A COEEUPT PEOPOSITION. 315 mUes — including some twenty towns and populous villages, whose people, had never seen a Texan officer, nor obeyed any other than Mexican laws. This vast country had been conquered by our army ; and by treaty, the United States had acqufred title to it, paying Mexico its fuU value in money. But Texas now claimed it, as a part of her original territory. To yield this vast country to slavery, would be to obUterate the intenden- ey of New Mexico, and an obvious violation of our treaty. Texas pro claimed her intention to dissolve the Union, unless permitted to occupy this whole country, thereby making it slave territory ; and raised an army, under pretence that She was intending to take possession of it by force of arms — although the United States was at that moment sup porting an army on the frontiers of Texas, at an expense of more than two miUion dollars annually, to defend the people of that State agamst the Indians. The advocates of justice insisted that Texas should be restricted to her real boundaries, according to the provisions of the joint resolutions of annexation. Thus was another important issue formed between the sup porters of slavery and the adherents of Uberty. It had grown out of the annexation of Texas, which the democratic party had assured the people would forever settle aU controversy in regard to slavery. Never, perhaps, was the great law of unerring truth and retributive justice more clearly manifested than in these various attempts to extend slavery. Indeed, the political history of the United States during these transac tions is little more than the record of a connected series of retributions for violating the rights of our fellow-men : Yet few of our American statesmen appeared to comprehend the feebleness of human sagacity when attempting a violation of immutable justice. This proposition 4;o • give Texas the territory in question came before the Senate, when Colonel Benton led off in opposition to it, but pro posing to pay Texas fifteen miUion doUars from the pubUc treasury as an indemnity for territory to which she had no more claim than she had to Mexico itself. l^r. Foote, of Mississippi, was greatly frritated at Colonel Benton's proposition, and became so personal in his remarks that Mr. Benton left the haU. He then compared the Senator from Missouri to Cati line in the Roman Senate, and exhibited the most intense anger towards him, Mr. Calhoun was now aged and infirm ; his .voice had. become .jgjjg tremulous and his step feeble. Consumption had fastened upon his system, and as he approached the consummation of his earthly exist- 316 LAST SPEECH OF ME. CALHOUN. ence, he saw that all his plans for placing human servitude in a posi tion of safety had failed, and he appeared desponding and gloomy. Unable to speak in the Senate, he wrote out the thoughts which he desired to express and asked a feUow member to read it to the Senate. His speech opened with gloomy forbodings as to a continuance of the Union, saying that our danger arose from the conviction of the southern people that thefr rights were disregarded by those who dis cussed the slave question. Assuming that aU discussion of slavery from whatever cause it arose, whether from the annexation of Texas, the Mexican war, or the consignment of CaUfornia to oppression, was wrong and injurious to southern interests, he easUy arrived at the con clusion that the lovers of liberty were really dangerous to the existence of the Union, and expressed the opinion that nothing could save it but such an amendment of the Constitution as jvould secure to it a suffi cient support. This was the last speech of the greatest statesman of the South. He said a few words on two subsequent occasions, and died about three weeks afterwards. Amid this feeUng of excitement in relation to the claims of slavery, Mr. Benton publicly proposed that Mr. Clay should introduce some mear sure of compromise in order to restore harmony upon the various ques tions then pressing upon Congress. That distinguished statesman had advocated the Missouri Compromise of 1820, and had again held out the olive branch to Mr. Calhoun and his confreres in 1832. He was now advanced in age, and time had made its mark upon his physical system ; but, although in the decline of life, his influence was great, and in accord ance with the apparent desire of the Senate, he brought forward a pro position. First, To admit CaUfornia as a free State. Second, An organization of the Territories without restriction of slavery. Thirdly, Giving to Texas aU the territory lying east of the Rio Grande, formerly belonging to CoahuUa and Chihuahua, but saving to New Mexico her ancient territory. Fourthly, The United States to pay the debts of Texas due at the time of annexation. • , Fifthly, That slavery should not be aboUshed in the District of Columbia while Maryland retained the institution, nor untU the people of the District desired it. Sixthly, That it is expedient to prohibit the bringmg of slaves from the surrounding country into the District for sale. Seventhly, That further provision should be made for the recapture and return of fugitive slaves. ME. CLAT 8 COMPEOMISE DEFEATED. 317 Eighthly, That Congress has no power to prohibit the inter-state slave trade. Mr. Clay, when he laid these propositions before the Senate, was sur rounded by different circumstances from those which had given him suc cess in 1820 and fri 1832. Slaveholders had grown arrogant, and the advocates of Uberty were inexorable in thefr support of human rights, and could no longer be misled nor deceived by men of distinction. In deed it is difficult to-conjecture how he should have imagined that Con gress could silence the popular voice against slavery in the District of Columbia, or reconcile the people of the free States to the extension of Texas over such a vast territory as that proposed ; or to paying that State for so much of New Mexico as Ues east of the Rio Grande ; or to the continuance of slavery m the District of. Columbia until Maryland should abolish the institution ; or to become the instruments for catching fugitive slaves ; or to the continuance of the coastwise slave trade. However, he urged the adoption of these measures in an able speech ; but was interrapted by Mr. Foote, of Mississippi, who inqufred if he held to the constitutional power of Congress to abolish slavery in the District of Columbia ?. Mr. Clay and his associates had always proclaimed that men in a state of nature were equally entitled to liberty ; whUe Mr. Foote, and most southern men a,t that time, believed that in a state of nature the strong have a perfect right to enslave the weak; therefore the holding of slaves must be a natural right, lying behind and above human enactments and human constitutions. To reconcile minds thus opposed to each other constituted a work which no human power could accomplish. The resolutions were de bated almost daUy during an entfre month, when they were postponed indefinitely. On the 4th Febmary, Mr. Disney, of Ohio, presented a series „,^ of resolutions proposing such an amendment to the Consti tution as would {ffohibit Congress from excluding slavery from the Ter ritories of the United States, which, after coUoquial debate, were laid on the table ; and responsive to this movement, Mr. Giddmgs introduced resolntions declarmg, "Ufe and Ubferty to be gifts of God inherent and inalienable, for the protection of which governments are insti tuted among men. That in establishing governments in any territory it is the duty of Congress to secure all the people thereof in the enjoy ment of those rights." la order to test the sense of members upon these essential doctrines, the yeas and nays were ordered. Mr. Inge, of Alabama, moved to lay the resolutions on the table, which was equivalent to a motion to reject 318 VOTE m EEGAED TO ESSENTIAL TEUTHS. them ; and on this vote all members from the slave States voted 'm tl affirmative, and the vote of the free States was divided as follows : Maine. There was no vote in the affirmative. Nay — Messrs. Gerry, Goodenow, Littlefield, Sawtel, and Stetson, 5 New HAMPSHmE. There were no yeas. Nay — Messrs. Peaslee and WUlson, 2 Massachusetts. Yea — none. Nay — Messrs. AUen, Duncan, Fowler, King, Man, and Rockwell, 6 Rhode Island. Yea — none. Nay — Slessrs. Dixon and King, 2 Connecticut. Yea — none. Nay — Messrs. Booth, Butler, Cleveland, and Waldo, . , 4 Vermont. Yea — none. Nay — Messrs. Hibbard, Henry, and Peck, 3 New York. Yea — Mr. Briggs, 1 • Nay — Messrs. Alexander, Andrews, Burroughs, Clark, Conger, Duer, Gott, Gould, Jackson, John A. Kuig, James G. King, Preston King, Nelson, Phoenix, Putnam, Reynolds, Risly, Rumsey, Sacket, Spaulding, Scher- merhorn, Silvester, UnderhUl, Walden, and White, . , 25 New Jersey. Yea — ^none. Nay — Messrs. Hay and Vandyke, 2 Pennsylvania. Yea — Messrs. Butler, Casey, FuUer, Mann, Pitt- man, Robbins, and Ross 1 Nay — Messrs. Calvin, Dickey, Chandler, Friedly, Hampton, Howe, Moore, Ogle, Reid, Stevens, Thompson, and WiUmot 12 Ohio. Yea — Messrs. MUler and Taylor, ......... 2 Nay — Messrs. Cable, CampbeU, Carter, Corwin, Disney, Evans, Giddings, Hunter, Morris, Olds, Potter, Root, Schenck, Thurman, Vinton, and Wood, 16 Indiana. Yea — Messrs. Albertson, Brown, Fitch, Dunham, and Gorman, 5 Nay — Messrs: Harlan and Julian, 2 Illinois. Yea— Messrs. Bissel, Harris, McClernand, Richardson, and Young, 5 Nay — Mr. Baker, 2 Michigan. Yea — Mr. BueU, 1 Nay — Mr. Sprague, 1 ADMISSION OF CALIFOENIA OPPOSED. 319 Wisconsin. Yea — ^none. Nay — Messrs. Cole, Doty, and Durkee, 3 Iowa. Yea — Mr. Leffier, . . .- 1 The aggregate showing 104 in the affirmative and 84 in the negative. There was not an affirmative vote from the six New England States, nor from New Jersey or Wisconsin. Of the twenty-six votes from New York only one was in the affirmative, whUe the smaUer States of Michi gan and Iowa each gave one vote against these doctrines. Two of the sixteen votes from Ohio, five of the seven cast by Indiana, and five of the six given by lUinois, were in favor of slavery, while only twenty-two members from the free States were wUling to deny the great principle of human rights. On the 12th February,. Mr. Hale presented a petition, numerously signed, praying the "exclusion of slavery from CaUfomia and New Mexico, which gave rise to personal imputations by Mr. Butler, of South CaroUna, which were ably met and exposed by Mr. Hale. The President now communicated to both Houses of Congress copies of the constitution of CaUfornia. In the Senate, Mr. Douglas moved its reference to the Committee on Territories. This question of reference being debatable, the whole subject of slavery in the territory obtained from Mexico came under general discussion. In the House of Representatives a similar motion was made ; and tha.t body now engaged in one of the most intensely interesting debates that ever agitated the nation. These discussions were the natural and inevitable consequences of the annexation of Texas and the conse quent war with Mexico. No sophistry could disguise this obvious truth ; yet while it was in progress the democratic party asserted,' reiterated, and constantly insisted that the agitation was the work of the Free-soilers. t The debate was occasionally intermpted by other questions touching slavery. Mr. Dayton, of New Jersey, presentejj to the Senate a petition praying further legislation against the African slave trade, which stirred up much feeling iu that body, and the debate upon it occupied one entfre day. Mr. Giddings presented to the House of Reiwesentatives a memorial from the Quakers of Delaware and Pennsylvama, setting forth that slavery was a -violation of God's attribute of justice, must bring upon the nation a severe retribution, and prayed that Congress would take measures for an immediate and peaceful dissolution of the Union. Mr. Giddings moved its reference to a select committee with instructions to inqufre — 320 DISEESPECT FOE THB PEOPLE. Firstly, Whether dissatisfaction with our Federal Union exists among the people ? If so, to. what extent ? Second, From what has such dissatisfaction arisen ? Thirdly, The proper means for restoring confidence among the people ? It appeared that few members were willing to meet this question in an undisguised and friendly manner. It was admitted on aU hands that Congress could constitutionally take no means for dissolving the Union ; but, in favor of referring the petition, it was urged that every cause of dissatisfaction should be frankly met, and explained or removed in a spirit of respectful kindness. But this poUcy was opposed by the entfre South, and by almost the entfre North. Messrs. Goodenow, of Maine ; Allen, of Massachusetts ; Howe, of Pennsylvania ; Preston King, of New York ; Giddings and Root, of Ohio ; JuUan, of Indiana, and Durkee, of Wisconsin, only votmg for the reference. A SOUTHEEN CONVENTION PEOPOSED. 321 CHAPTER XXI. A MOVEMENT TOWARDS SECESSION MIL WEBSTEr's POSITION PUCmVE SLAVE ACT — TEXAN EFFRONTERY COKEUPTION UNDISGUISED SENATORIAL DIGNITY OUTRAGED CALIFOENIA ADMITTED A3 A FREE STATE. The first session of the thfrty-first Congress was rendered -gg^ memorable by the issuing of an address by southern members of Congress to thefr constituents, calUng attention to the efforts about to be made to exclude slavery from the territory of California and from all the country then recently obtained from Mexico, and charging that the people of the free States were not active in thefr efforts to arrest and return fugitive slaves. The address further announced that northern people were constantly agitating the subject of slavery, These were the causes of complaint then urged by the united voice of nearly all southern members of Congress against the people of the free States. They were definite, and incapable of being misunderstood. Opposition to the extension of slavery and to all participation in the crime of arresting and retuming fugitive slaves, constituted the gist of thefr complaint. The charge of agitation was then regarded as somewhat ludicrous, in view of the fact that southern statesmen had urged the annexation of Texas for the avowed purpose of extending and perpetuating slavery; but denounced all opposition to that measure as " agitation." They were at that time seeking to extend the institution over the territory acquired from Mexico ; but characterized all opposition to that measure as " agita tion." They were demanding a new and more efficient fugitive slave act ; but asserted that opposition to it constituted "agitation." This address appeared to be a well defined step towards a separation of the States and the formation of a Southern Confederacy. In response to this address, several southern States took incipient measures for severing the bonds which had long bound them to the com mon sisterhood. Mississippi was the first to move on this subject. Her Legislature, by joint resoMions, declared that efforts had been madd for the last thirty years to deprive the southern people of their rights in the Territories of the United States : that the time had come for the southern States to take 'action in favor of their own safety; and for that purpose, a Southern Convention ought to be held. These resolutions were presented to the Senate by Mr. Davis, who 21 ' 322 OEIGIN OF THE FUGITIVE LAW OF 1850. spoke briefly in support ofthe right of slaveholders to carry their "human chattels " into the Territories of the United States, and to receive from Congress the same protection which they received for other property ; and he asserted that free govemments had been formed in Califomia and New Mexico, under the apprehension that they .would not be recog nized with slaveholding institutions.* jggu .. The issue between skvery and freedom soon became more fuUy developed. As the advocates of freedom resisted all encroach- ,ments upon the rights of the free States, the slave power became more jassiduous in its demands for support. On the 6th March, Mr. Hun ter, of Virginia, submitted to the consideration of the Senate a reso- jlution calling on the Secretary of State for copies of all papers relative •;to the deportation of slaves by the British army and navy during (the revolutionary war ; and inqufring whether any measures had been adopted since the treaty of 1194 for the recovery of compensation from the British government. The proposition was received with marked respect, and was referred to the appropriate committee^ but was never reported upon. These episodes in the regular debate were confined to the subject of slavery, and constituted no change of the spfrit or the theme which now occupied the attention of both Houses of Congress. Mr. Mason, of Virginia, had, on leave, introduced a bill to amend the fugitive slave law of 1193. It had been referred to the Committee on the Judiciary, of which Mr. Butler, of South CaroUna, was chairman.-f This bill excited much debate ; and much interest was felt to hear Mr, Webster's views in regard to it, in consequence of the fame wMch he had acqufred as a constitutional lawyer. It was known that he beUeved the Constitution had given to Congress no authority to legislate in regard to fugitive slaves, but that the power had been- reserved to each of the several States. In intellect he may be said to have stood at that time without a rival. Nature had bestowed upon him her richest gifts. He was characterized for extraordinary concentration of thought. His logic was compact, and appeared to be irrefutable : atid no speaker used the English laa- * It was on this occasion that Mr. Davis first committed himself fully to the doctrines of secession ; an act wliich the author has ever believed that gentleman regretted, although he subsequently liecame President of the Confederate States. t It Is a matter of some curiosity that Mr. Butler, In his report, maintained the very doctrines of ¦the Free-soilers on this subject ; and King, of Rhode Island; Meacham and Peck, of Vermont; Burroughs, Conger, John A. King, Ramsey, Sylvester, Schermefhorn, of New York; Cal vin and Friedly, of Pennsylvania; Carter, Evans, Sweetzer, and Whit tlesey, of Ohio ; HaUoway, of Indiana, and Wentworth, of IlUnois. As the count proceeded, and members saw the engrossment of the bUl was again defeated, the excitement became intense, and the Speaker was for a time quite unable to be heard, but at length he again de clared the question lost. Mr. Howard, of Texas, again moved a recon sideration ; but the Speaker promptly replied that a second reconsidera tion was not in order. From this decision an appeal was taken, and the House adjourned. On reassembUng the next moming, the countenances of members would have presented a rich scene for the pencU. Some sat with knitted brows and compressed lips, sternly sUent amid the moral pestUence which appeared to surround them. Others were nervous, and evidently Ul at ease with themselves ; others appeared desperate, and determined to secure fortunes for themselves by transferring money from the pockets of the people to their own ; whUe the one usual and universal excuse for all corruptions was iterated and reiterated, and constantly repeated on every hand, that the passage of the bUl was necessary " to save the Union." The first question was npon sustaining the Speaker in declaring that the second motion to reconsider was out of order. He was himself a slaveholder, aud supposed to be anxious for the passage of the biU ; bnt would not violate his duty and parUamentary law in order to effect that object. It appeared impossible for any man to mistake the law of legislation which the Speaker explained so clearly. Opponents of the measure declared the proposition to reverse the Speaker's decision most obviously corrupt. They asserted that neither pusUlanimity nor cowardice could induce members to vote for it : But it was sustained. The vote given by the free States was as follows : From Maine, Messrs. Gerry, Otis, Sawtelle, and Stetson voted in the affirmative ; Messrs. Fulk-r and Littlefield in the negative. From New Hampshire, Mr. Tuck voted alone in the affirmative, and Messrs. Hib bard, Peaslee, and Willson in the negative. From Massachusetts, Messrs. Allen, Fowler, Mann, and RockweU sustained the Speaker ; while Messrs. Duncan, Elliott, and Grinnell voted against his decision. From Rhode Island, Messrs. King and Dixon voted in the negative ; while aU the members from Coniiectic»t, Messrs. Booth, Butler, and Waldo, voted 330 A MOST EXTEAOEDINAET VOTE. in the affirmative. From Vermont, Messrs. Henry and Peck sustained the Speaker's decision ; while Messrs. Meacham and Hebard voted to reverse it. From New York, Messrs. Alexander, Bennett, Clark, Con ger, Gott, Preston King, Jackson, Matteson, Sacket, and Schoolcraft maintained the Speaker's decision, and Messrs. Andrews, Briggs, Brooks, Burrows, Gould, Rose, Reynolds, Putnam, Ramsey, Jackson, John A. King, McKissock, Nelson, Phoenix, Schermerhom, Sylvester, UnderhiU, Walden, and White voted to overrule the Speaker's decision. From New Jersey, Mr. Newell -voted in the affirmative ; and Messrs. James G. King, Van Dyke, and WUdrick gave their voices in the negar tive. From Pennsylvania, Messrs. Dickey, Howe, Read, and Stevens voted in the affirmative, and Messrs. Butler, Chandler, Calvin, Casey, Dimmock, Friedly, Gilmore, Levin, Mann, McLanahan, Moore, Ogle, Pitman, Robbins, Ross, Strong, and Thompson voted in the negative. From Ohio, Messrs. Cable, CampbeU, Corwin, CroweU, Disney, Giddings, Hunter, Morris, Root, Schenck, and Sweetzer voted in the affirmative, and Messrs. Carter, Evans, Hoagland, Olds, Potter, Taylor, Thurman, Viit- ton, and Whittlesey voted in the negative. From Indiana, Messrs. Fitch, Halloway, and JuUan sustamed the Speaker's judgment; and Messrs. Albertson, Brown, Dunham, Gorman, Harlan, and Robinson gave thefr votes to overrule it. From lUinois, Mr. Baker voted in the affirmative, and Messrs. Harris, McClernand, Richardson, Wentworth, and Young voted in the negative. From Michigan, Messrs. Bing ham, BueU, and Sprague voted to sn.stain the Speaker's judgment. From Wisconsin, Messrs. Cole, Doty, and Durkee voted to support the Speaker's decision ; whUe Mr. Leffler, from Iowa, voted to over rule it. Fifty-four votes from the free States were*given in favor of the deci sion of the Speaker, while seventy-two members from the free States voted to overrule it, in order that the bUl might become a law. There were men from the slave States who would not . place their names on record in behalf of this obvious attempt to overrule all parliament ary law : Messrs. Ash and Venable, from North Carolina ; Averet, Bayley, Edmundson, HoUiday, Mead, Parker, and Powell, of Virginia; Burt, Colcock, Hohnes, McQueen, Orr, WaUace, and Woodward, of South CaroUA,; Bay, HaU, and Phelps, of Missouri; Haralson and Jackson, of Georgia; Bowdon, Harris, Hubbard, and Inge, of Ala bama; Brown, Feath°rston, and McWillie, of Mississippi; Johnson, of Arkansas; La Sere and Morse, of Louisiana, and Staunton, of Tennes see, constituting thirty-two members from the slave States, making in aU eighty-six votes in favor of sustaming fhe Speaker's decision, while FUETHEE EAEBAEISM PEOPOSED. 331 seventy-two votes from the free States and fifty from the Slave States, amounting in all to one hundred and twenty-two votes, were cast to re verse the Speaker's decision, in order that the bUl might pass. Perhaps it were impossible for the reader, or any person not present at the time, to form a correct idea of the scene presented on that occasion. Every one seemed confident that the appropriation of this ten millions would be an unmitigated robbery of the treasury to gratify the insolent d-emand of Texas ; whUe southern statesmen tauntingly asserted that they could carry any measure that would place money in the pockets of northem members. It was also manifest that while many northem men who dared not vote for the bill, even nnder the plea of saving the Union, were quite willing to extricate it from the grave to which the vote of the House and the Speaker's decision had legally consigned it. There was no further difficulty encountered in the progress of the bill. It reached its thfrd reading and final passage by a vote of 108 to 91, and many members who were said to have left home poor, were reported to have returned to their famUies with handsome fortunes ; whUe the only excuse which they attempted to -render for thefr votes was, that they were given " io save the Union." Indeed there appeared to be no crime so damning that its perpetration could not be justified by this plea. The Union became the professed ultimate object for which American statesmen labored ; To attain that object the Constitution was disregarded ; and truth, justice, and human nature were trampled upon. It has been previously remarked that the framers of the Constitution, and the early American statesmen, supposed that all legislation in regard to the capture of fugitive slaves had been specificaUy reserved to the several States. But the slave power, in 1193, prevailed on Con gress to pass a law on that subject. The Supreme Court subsequently decided that the State Legislatures could not interfere in the matter, and that Congress alone held constitutional power to pass laws in regard to it. From the passage of the act of 1193 it had been used as a means for arresting aud carrying into bondage free colored persons from the northern States. But the law itself was odious from its passage. The people of the free States cherished the love of Uberty ; they detested slavery, and most of them refused to be involved in the crime of arresting slaves. The arrest of a man charged with no offence but the love of liberty, the placing irons npon his limbs and carrying hun to interminable bondage, could not be regarded by an enlightened Christian people otherwise than barbarous ; and in a moral view, really as piratical as to do the same thing in Africa. The sym- 332 A NEW FUGITIVE SLAVE LAW EEPOETED. pathy of aU gocd men must of necessity be with the oppressed. Yet at the period of which we are writing, the slave power demanded a more stringent fugitive law than that of 1193, which itself was so odious that it could not be enforced in many of the States. After the passage of the act paying the State of Texas ten million of doUars, the pretended value of territory to which she had no title or claun, southern statesmen insisted that northem members would concede anything which the South might demand ; and in demanding the passage of the fugitive act of 1850, they appeared desirous of testmg the degree of serviUty to which northem members of Congress had been reduced. This bUl was early reported by Mr. Mason, in the Senate, and the celebrated speech of Mr. Webster had been deUvered upon it early as the 1th March ; but it did npt come up for general debate in the Senate untu near the close of August. Mr. Webster had left that body and was acting as Secretary of State under Mr. Fillmore ; but the bUl was supported by Messrs. Butler, of South Carolina ; Foote, of Mississippi, and Mason, of Virginia. They took the bold ground that slaves were property in every moral sense, and to the same extent that horses are property ; and that the framers of the Constitution intended that Congress should compel the people of the free States to capture and return them to their masters whenever they escaped. The passage of the bill was ably opposed by Messrs. Hale and Chase. They drew a marked distinction between persons and property ; showed the absurdity of the doctrine that Congress could have any legitimate power whatever over the life and liberty of innocent men, or authority to place those prerogatives at the disposal of other individuals. They maintained the very obvious phUosophy that Congress possessed no con* stitutional or moral power to authorize one man or a number of men to murder or enslave innocent persons. That no act authorizing or requiring the people of the free States to murder or enslave men or women who were innocent of crime could confer moral or constitutional aufthority to commit those crimes ; nor would it impose any moral or constitutional obligation upon the fugitive to submit to be mm-dered or enslaved. They contended that the second section of the fourth article of the Constitution gave to Congress no powers of legislation upon this subject ; but that such powers had been expressly prohibited to Con gress by the tenth article of the amendments. On the question of engrossing the bUI, aU the Senators 'from the slave States voted in the affirmative, and Messrs. Sturgeon, of Pennsylvania, and Jones, of Iowa, were the only Senators from free States who voted! with the South ; wJjUe Messrs. Bradbury, of Maine ; Upham, of Ver- THE VOTE. 333 mont ; Davis and Winthrop, of Massachusetts ; Greene, of Rhode Island ; Baldwin and Smith, of Connecticut ; Dayton, of New Jersey ; Cooper, of Pennsylvania ; Chase, of Ohio ; Dodge and Walker, of Wisconsin, voted against the bUl ; and Messrs. Hamlin, of Maine ; Hale and Norris, of New Hampshire ; Phelps, of Vermont ; Clark, of Rhode Island ; Seward and Dickinson, of New York ; Miller, of New Jersey ; Ewing, of Ohio ;* Bright and.Whitcomb, of Indiana ; Doug las and Shields, of Illinois ; Cass and Felch, of Michigan, constituting one half of the Senators from the free States, did not vote. This faUure to vote on a bill so barbarous caUed down npon the sUent Senators severe criticism. The fact that they so far stifled the voice of their several States on a subject of such importance was regarded by both parties as unstatesmanlike, and unworthy of American Senators. The bill having passed the Senate, was taken up in the House of Re presentatives, qp motion of Mr. Thompson, of Pennsylvailia, who, having made a speech in favor of its passage, moved the previous question. There was great indignation felt at the attempt to press such a bUl through the House without debate, and a motion was made to lay it on the table. It -was the expectation and confident beUef that every member really opposed to the bill would vote to lay it on the table, as that would hav6 been a final defeat of the measure. On this motion the members voted as follows : Maine. Yea — Messrs. Otis, Sawtell, and Stetson, 3 Nay — Messrs. FuUer, Gary, and Littlefield, 3 New Hampshire. Yea — Mr. Tuck, . . _ 1 Nay — Messrs. Hebbard and Peaslee, .2 Massachusetts. Yea — Messrs. Allen, Duncan, Fowler, and ^ Mason, 4 Nay— Mr. Elliott, 1 Vermont. Yea-^Messrs. Henry, Hebard, and Meacham, ... 8 Rhode Island. Yea — Messrs. Di!S;on and King, 2 Connecticut. Yea — Messrs. Booth, Butler, and Waldo, ... 3 New York. Yea — Messrs. Bennett, Burrows, Clark, Gott, Gould, Jackson, John A. King, Preston King, Matteson, McKissock, Nelson, Ramsey, Sacket, Schermerhom, Schoolcraft, Sylvester, and UnderhiU, 11 Nay — Messrs. Briggs, Brooks, and Walden, .... 3 * President Taylor died In Jhly, and the Vice-President FUlmore succeeded him In office, and cali.-d to bis assistance Senator Webster ; and Mr. Winthrop was appointed to fill that Senator's place. Mr Corwin, of Ohio, was appointed Secretary of the Treasury ; and Mr. Ewing was appointed to fill his place In the Senate. 334 ANALYSIS OF THE VOTE. New Jersey. Yea — Messrs. Hay and King, 2 Pennsylvania. Yea — Messrs. Calvin, Casey, Chandler, Friedly, Hampton, Howe, More, Reed, Stevens, Mann, and • McLanahan, 11 Nay— Messrs. Butler, Dimmock, Robbins, Ross, and Thompson, 5 Ohio. Yea — Cable, CampbeU, Corwin, CroweU, Evans, Gid dings, Hunter, Morris, Root, Thurman, Vinton, Whit tlesey, and Wood, 13 Nay — Carter, Disney, Hoagland, MUler, and Taylor, . 5 Indiana. Yea — Messrs. HaUoway, Harlan, JuUan, Robinson, . 4 Nay — Messrs. Albertson, Dunham, Fitch, Gorman, Mc Donald, and McGarghy, 6 Illinois. Yea.— Mr. Wentworth, 1 Nay — Messrs. Bissel, Harris, McClernand, Richardson, , and Young, 5 Michioan. Yea — Messrs. Bingham and Sprague, 2 Wisconsin. Yea — Messrs, Cole, Doty, and Durkee 3 Iowa. Yea — Mr. Leffler, ........'..... 1 There were sixty-eight votes from the free States in favor of laying the bill on the table, and thirty against it ; aU members from the slave States voted against the motion, which was lost. ^ The bUl was then put upon its passage, and Messrs. Carter and Disney, of Ohio ; Briggs, of New York ; and Fitch, of Indiana, changed positions, and voted against the bill, which they had just voted to preserve ft'om defeat. While^Messrs. Andrews, Palmer, Phoenix, Spaulding, Reynolds, Rose, White, Risley, Bokee, Conger, and Duer, of New York ; Baker and Richardson, of IlUnois ; Cleveland, of Connecticut ; Gilmore, Levin^ Ness, Ogle, Pitman, Strong, and WiUmot, of Pennsylvania ; Ashman and GrinneU, of Massachusetts ; Newel and Vandyke, of New Jersey ; Schenck and Sweetzer, of Ohio, faded to vote ; but such was the feeling among the people, that these efforts to avoid responsibihty by refusing to vote, brought upon silent members more disfavor than they would have incurred by voting for the biU, which was passed, 105 votes to 13. The biU declared it the duty of all good citizens to be active and vigUant in their efforts to arrest aud retum fugitive slaves ; and affixed severe penalty on every attempt to aid or assist the fleeing bond man to escape the fangs of the human bloodhounds who were pursuing him. The cruelties which this bill authorized and required of northem citi zens were so revolting to the public conscience, so dfrectly at war with 335 Christian civUiaation, that it was denounced in all parts of the free States as disgraceful to the nation and the age in which it was enacted. Mr. FiUmore, the President, with'Mr. Webstei; and Mr. Corwin among the members of his Cabinet, approved the biU and it became a law, so far as human enactments violative of the natural rights of mankind can be called laws. Yet the action of the President, aided by the influence of a majority of Congress as well as of his Cabinet, and by that of his friends throughout the free States, could not stop the progress of that de testation in which the people of the free States regarded this undisguised attempt to make them the catchpoles of southern slaveholders. Mr. Webster now began to comprehend the sad mistake he had made in his speech on the 1th March, and yet hoping to save himself and friends from the odium which seemed to await the advocates of this biU, he wrote R-ofessor Stuart of the Theological Seminary of Andover, re questing that venerable divine to address the Christian public on the subject. The able professor now turned his attention to the plan of guiding the reUgious sentiment of the country to a favorable considera tion of this odious law. He pubUshed an essay entitled " Conscience and the Constitution," urging the capture and return of fugitive slaves as a religious duty. Other divines united their influence with that of Professor Stuart, and a strong effort was put forth to prostitute the religion of the free States to the commission of the revolting crime of capturing and reeuslaving professed Christians who were fleeing from bondage. Nor should we forget that the argument in favor of the pas sage of the lafr as weU as in favor of its execution consisted in the asser tion that it was " necessary to save the Union." But a free aud enUghtened people could not be misled on a measure so barbarous. They pronounced those divines who advocated the cap ture of slaves " hypocrites unworthy of Christian FeUowship," and many statesmen and members of Congress descended to, premature political graves in consequence of their advocacy of this measure,* and no effort on the part of the advocates of slavery seemed capable of staying the feeling of indignation which appeared to prevaU throughout the free States'. But each surrender of northern rights and northern honor most ob viously confirmed southern men in the conviction that the northem • Reverend Orvllle Dewey, a clergyman of the Unitarian Chm-ch, disMnguIshed for ability and learning, in a public lecture was said to have declared that he would seize his " own mother and return her to slavery in order to save the Union." The teamed divine modified his assertion, de claring that he used the word " broth&r" instead of " mother," but this modification appeared in no degree satisfactory to the pubUc mind. 336 A BENATOEIAL AFFEAT. people were destitute of that moral courage, that- unbAiding integrity, which would enable them to maintain a _government separate from the slave States. Southern men began to utter the maxim that " cotton is king," and many of them beUeved the commercial importance of that article rose so far superior to all other considerations, that no abuse, no degradation of the North, would stunulate thefr statesmen to a resistance of southern dictation : and this idea was frequently put forth after the passage of the fugitive slave act, and few northern mem bers repudiated the dishonorable nnputation. It was late in September before the bUl to admit California came up for action. It had been delayed near seven months in order to pass the biU to pay Texas ten mUUons dollars and this fugitive slave act. As early as the 12th March the President had transmitted to the two Houses of Congress copies of the Constitution of California %nd the cre dentials of her Senators and Representatives ; but in the Senate the vote on admitting that State had been postponed until the 13tli August, when all the Senators from the free States, with Messrs. BeU, of Tennes see ; Benton, of Missouri ; Wales and Spruance, of Delaware, and Un derwood, of Kentucky, voted for the biU, and aU the Senators from the slave States except those named voted against it. The debate had been able, at times it was animated, aud aroused much feeling on the part of those who participated in it. Indeed slaveholding members could not disguise thefr chagrin and mortification at seeing a free State formed from the territory acqufred at their instance for the avowed purpose of estabUshing slave States. Mr. Benton had long en tertained the conviction that Mr. Calhoun and other leading statesmen of the South intended to dissolve the Union and erect a southern slave- holding confederacy. For this conviction he became obnoxious to those who were plotting the destruction of the Union in order to eternize the institution of slavery. Mr. Foote, of Mississippi, appeared desfrous of a personal altercation with the venerable Senator ; but up to that period members of the Senate had seldom forgotten the dignity due to thefr stations. Mr. Foote appear ed incapable of restraining his feelings, and his language became so offensive that the gallant old colonel appeared unable to withstand it longer. He was a man of powerful frame, though sixty years of age, whUe Mr. Foote was younger and very properly numbered among the " Ught-weights." Ben ton's courage had been tested on the field, and although Foote had also met his foe in the duella, hi^ firmness under danger was not so univer sally acknowledged. When Mr. Foote's language appeared no longer endurable, Mr. Benton rose and stepping into the outer aisle proceeded BOUTHEEN PEOTESTS AGAINST CALIFOENIA. 337 with rapid strides directly towards Mr. Foote, with the intention as he stated of passing out of the chamber at the front door. Mr. Foote seeing the stalwart form of his opponent approaching under evident ex citement,' concluded that " discretion was the better part of valor," and starting from his seat retreated towards the presiding officer, at the same time drawing a pistol, apparently intending to shoot his supposed assailant. This "presentation of arms", exerted an electric effect upon the spirit of Col. Benton, who now in a loud voice cried, " stand back, let him shoot," as he violently separated his clothing and exposed his bosom to the ex pected shot of Mr. Foote. Instantly every Senator was upon his feet, some caUing to order and others rushing between the parties. Several Senators seized Col. Benton and conducted him back to his seat, when he became unmanageable, and breaking from those around him, again rushed towards Foote, using language too emphatic for record. Other Senators rashed between them, disarmed Foote and conducted Mr Ben ton again to his seat, and restored order ; and the Senate proceeded with the business before it. Mr. Benton was a Democrat, had long been a leading member of that party, and was more perfectly informed as to the intentions of southern men in regard to secession than any other m^n not engaged in the plot. .ind while Mr. Webster in his speech on the 1th March had expressed confidence in the " NashvUle Convention," Mr. Benton was impatient at hearing any man doubt that the object of leading southem men and of that convention was the disruption of the Union ; and the scene just related may be regarded as the first senatorial demonstration of violence between the lovers of the Union and Secessionists.* The feeling of southern statesmen and people in regard to the exclu sion of slavery from California was Ulustrated by pubUc meetings, held in Georgia, Alabama, and Mississippi,- at which resolutions, declaring the admission of California as a free State would be a stupendous fraud upon ¦the people of the slave States, and threatening a separation from the free States unless slavery were admitted to aU our territory south of 36 deg. 30 min. north latitude. But these demonstrations could not intunidate northern members. The vote in the House of Representatives upon the admission of CaU fornia as a free State showed 151 members in favor of that measure, and only 51 against it, nearly aU of whom were slaveholders. This incident will long constitute an important era, in our political history. We have already stated, that near the close of the . thfrtieth • At the time of writing these sketches, a.d. 1868, Mr. Foote is an active member of the Confede rate Congress; but Colonel Benton was an unwavering friend of the Union ^ntil his death, in 1858. 22 ¦ 338 CULMraATION OF SLAVEET. Congress, when the House of Representatives defeated the adoption of the Senate's amendment to the civU and diplomatic bUl, which was in tended to establish slavery in California, that institution passed its cul minating point ; and from that date its permanent decay and final disso lution commenced. From the decline of slavery that of the whig and democratic organi zations could not be separated. Both of these parties had sought to propitiate the slave power. Each numbered many slaveholders as members ; and the northern -wing of each appeared perfectly conscious that withoiit the support of at least a portion of the slaveholding in terest it must faU. The lovers of Uberty, under the name of " Free^ SoUers," were united, compact and determined in resisting every encroach ment of the slave power. Every struggle tended to bring before the people the moral power of those who based their action upon truth and justice, whUe they constantly developed the crimes of slavery to the public view. It may prove useful for future statesmen and poUticians to understand that leading Whigs and leading Democrats, instead of attemptmg to reform their parties or to conform thefr own action to the laws of truth and immutable jnstice, continued thefr efforts to destroy the reputa^on and influence of those who stood forth most boldly as the supporters of freedom and the equaV rights of mankind : And the -writer wUl be ex cused for referring to himself so far as to say that he became the subject apparently of much hatred and odium among the politicians of both parties. They appeared 1;o regard every effort of his against slavery as aimed at those parties, and during this first session of the thirty-first Xjongress, as the writer and his friends had apparently defeated the ex tension of slavery into California, and exposed the corruptions of the bUl paying the debts of Texas, the feeUng against hun appeared to know no bounds. He was charged with purloining papers from the General Post-office : And the charge was published simultaneously in the leading whig papers of Cleveland, PhUadelphia, New York and Boston. Its appearance in those papers gave the author the first notice that suspicion bf crime had ever rested on him. He at once demanded an investigation ; biit such was the feeling of the House, then under democratic rule, thdt the members would not grant a committee to examine the case. But One of the Assistant Postmaster Generals, being a Whig, sent to the House a reiteration of the charge, to which the author promptly responded, declaring tho Assistant Postmaster General guUty of falsehood and a -violation of official duty : and pledged him self to show those facts if the House woidd grant a committee. This DECLINE OF .^VEET. ^9 could not weU be refused. A slaveholding. Speaker selected men in no respect friendly to the author, either personally or poUtically. They met, and the first witness examined was the Assistant Postmaster Gene ral who had reiterated the charges : But after a cross-examination he asked the committee to place on thefr journal the fact that he then with drew all imputation against the author. To this the. accused responded, saying that the charge had been made and could not be recalled : He therefore desired to disprove every circuinstance aUeged. To this propo sition the committee consented, sent to Ohio and Boston for witnesses, ^nd having taken the testimony, reported the charges to have been made without any foundation in truth ; and the slander which was intended lo destroy the reputation of an individual recoUed -vrith great effect upon the party whose interest it was intended to subserve. Finding that the popular feeUng was aroused against the slave tra^e, which was carried on with much activity in the City of Washington, the Senate passed a-biU entitled "A biU to abolish the slave trade in the District of Columbia." But although this was its title, it merely pro hibited the bringing of slaves from the surrounding country to that city for market. It also .authorized the Common CouncU of Washington to abate as a public nuisance any slave-pen or hou^e kept as a maijket -for slaves ; but left the slaves of the city liable to purchase and sale as they had been previously to the passage of the act. The Hou^e at onpe passed the biU as it came from the Senate, The paissage of this bUl was a stUl further yielding to the demands pf the people of the free States, and was viewed by the friends of liberty as an important indication of further success. With the passage of this biU ; with the admission of (CaUfornia as a member of our common sisterhood of States, as weU as by the -passage of the Fugitive Slave act and the grant of ten mUUon dollars to Texas, the first session of the thfrty-first Congress may weU be regarded as holding a prominent place on the page of our poUtical history. As the slave power passed its culminating point 9,nd began itsi^escent to obli vion, its corruption was developed more vividly to the pubUc -view : And as its -power began to decUne, it was able to caU to its aid the mercenary propensity of northern men, and thereby perpetrate crimes which slaveholding mfluence could npt alone have effected. 34:0 OEIMES PEEPETEATED DNDEE THE FUGITIVE ACT. CHAPTER XXII. THE WORKINGS OP THE FUGITIVE SLAVE ACT. f jgg. , The vacation of Congress afforded the President and members of that body an opportunity to witness the operations of the fugitive slave act. The first victim under that barbarous enactment proved to be a free man of PhUadelphia, sent by the commissioners, at pubUc expense, as a slave to Maryland. In this respect it may be said to have met the designs and expectations of its friends. But when he reached the plantation from which it was aUeged he had escaped, no one recognized him, even the supposed master declared he had never seen him, and he was permitted to return to his home and to freedom at his own expense. A husband and wife escaped from Georgia, and after much toU and constant danger reached Boston. The master pursued them and at tempted to arrest them ; but the husband manfully defended himself and wife ; drove off the master, who could find no one to sympathize with or to aid him ; and he returned to his own State, published a narrative of his adventure and complained of the inefficiency of the fugitive slave act. In the autumn of that year ten slaves escaped from Maryland, and whUe in the mountains of Somerset County, Pennsylvania, were dis covered and fired upon by those pursuing them. Three were kUled, the others captured and taken back to servitude ; but no attempt was made to arrest or punish the murderers.* These crimes, perpetrated under color of the fugitive act, led to the beUef that Congress had extended those barbarous laws of the slave States, which authorize the master or his agent to shoot escaping slaves, into the free States, and greatly contributed to increase the odium which afready rested upon it. In Chester County, Pennsylvania, a deputy marshal, with legal pro cess, broke into the dwelUng of a citizen in order to aS-rest a slave who was sleeping in the chamber. But the o-wner of the dweUmg and his wife assailed the marshal with weapons and occupied his attention whUe the slave escaped through a window. * This statement Is made upon the authority of newspapers published ia that part of Pennsjl- *»nla, and was afterwards confirmed by members of Congress fi-om that State. THB PEESIDENT C0N6EATULATES THE COUNTET. 341 While these circumstances convinced the friends' of Uberty that th-e fugitive slave act was arousing the public mind to the horrors of that institution, and was therefore exerting an influence which must eventually eradicate slavery from the American soU, President FiUmore appeared to view them quite differently. On the reassembUng of Congress, in his annual message he referred to the fugitive act and the corrupt assumption of Texas debts approvingly ; spoke of them as concession and compromises necessary to allay the asper ities and animosities which he aUeged were rapidly alienating one section of the country from another. In his comments he made no distinction between right and wrong, between freedom and slavery, or between virtue and crime. But in this he followed the example of those who were more experienced in public life. Moral principle was at that period entfrely excluded from political action : and the phUosophy which then pre vailed in our Federal Govemment taught that crime and corruption were necessary to maintain every form of govemment. But the ad vocates of justice appeared more conscious of their moral power than at any former period. Califomia had been admitted to the Union as a free State, and now stood an enduring monument of their fedelity and political prowess. The fugitive slave act had proven more barbarous than they had expected, and now threatened to over whelm with disgrace those who had lent thefr influence for its enactment. It should be borne in mind, that while the President in obedience to the demands of the slave power was doing all he could, assisted by his Cabinet and by large majorities in both Houses of Congress, to induce the people of the free States to capture and send back to servitude the fleeing bondmen of the South, the people of that region continued to seize and enslave the colored citizens of the free States who happened to travel in the South without protection. And whenever a northem ship entered a southern port with colored saUors on board, they were seized and imprisoned untU the vessel sailed, when the captain or any friend might appear and pay charges and the imprisoned . saUor would be permitted to go on board his vessel and depart ; but if neither the captain nor any friend of the saUor paid such charges, he was sold into slavery. The pecjple of Massachusetts, generally active in good works, were anxious to- prevent the enslavement of free blacks, and sent one of her most respected attorneys to Charleston, South CaroUna, to institute judicial proceedings in order to test the constitutionality of those southem laws ; but he was driven from the city and from the State by mob violence with the approval of its authorities. ^i2 FUNDAMENTAL DOCTEINES ASSEETED. 'this outrage upon the dignity and constitutional rights of Massachu setts had the effect to stir up a more intense detestation of the fugitive slave act, to which Mr. Webster and the President, and the supporters ot slavery, had attached their political fortunes. These cfrcumstances developed more and more distinctly the great permeating issue between the " submissionists " and the phUosophic reformer's, who maintained that, to enjoy the light of the sun, to breathe the air of heaven, to drink the waters of earth, to obtain food, procure raiment and habitation, were natural rights pertaining to every huvian soul while innocent, conferred by ihe Creator, and ever to be held sacred FROM invasion, "^Y INDIVIDUALS AND BY GOVERNMENTS. That thcse rights -were held at the wiU of God, which constitiited a " higher laW " than huinan enactments or human constitutions ; that the violation of this law of heaven constituted cri-ine, whether it were done by individuals or by men holding office, of actiiig as legislators, professing to authorize its commission. The submissionists denied these ftmdamental doctrines, sneered at those -who held them, and expressed their contenipt for inen who defined the legitimate boundaries Of human governments, as "higher law -menf but were careful never to argue the questipn nor to reason upon it. Southern memlbefs, however, taunted the Adniinistration and its friends, asserting that the " higher law " men controlled the sentiment of Massa chusetts to siich an extent that the fugitive slave act could noi be enforced in Boston. The idea that an act of Congress, however despotic and bar barous, could not be enforced among the law abiding people of that city, so distinguished for its obedience to law, appeared to a,rouse the pride of every friend of the Administration. An approved catchpoll was sent tb Boston for the purpose of enforcing this flagitious enactment, in the preseiice of that Christian people. A fugitive! named Shadrach was discovered, and the regular warrant for his arrest procured, and placed in the hands Of the officer. In open day, in the presence Of the people in the city of Boston, a Christian was captured, pinioned, and led away, as was then supposed to interminable sla-very. The people looked on and sighed and Wept at seeing a feUow- being, whose soul like thefr own was clustering with immortal hopes, thus led to the sacrifice. « The Legislature of Massachusetts by statute had forbidden the iin- prisonment bf fugiti-ve slaves in their jails, and the marshal conducted ., his victim to the United States court-house, the only sanctuary for silch crimes. The coirimisSiOnef being iinable to attend the proper examina tion that day, the fugitive was placed in custody of three of fom' AN IMPOETANT SLAVE CASE. 343 assistant catchpoUs, who were dfrected to hold him in custody until the next day. That was a night of sadness and sorrow to the phUanthropists and patriots of Boston. Their fathers had led m the great Revolution of 1116, and many had died to estabUsh the doctrine that aU men hold from the " Creator an inaUenable right to Ufe and liberty." Yet after the lapse of seventy-five years, they were compelled to witness a scene of barbarism, which no patriot of the Revolution ever con templated. But a few colored men of that city, actuated by that law of our nature which never fails to' call forth sympathy for the oppressed, gathered around that court-house, entered its chamber, bade the minions of slavery to stand aside, released Shadrach, and placed him in a carriage, which rapidly hurried him toward a land of Uberty. The news of this escape reached Washington by telegraph. The friends of freedom were delighted. They viewed the whole thing as a ludicrous exhibition of the folly of attempting to enforce crime by Congressional enactment. But the effect on the President and Cabinet, and- the advocates of submission to southern dictation, was quite dif ferent. They exhibited a degree of vexation, of constemation and moral cowardice, which excited laughter among their opponents. The Presi dent caUed his Cabinet together for consultation, and the Executive) «f thirty million people, with his constitutional advisers, sat itf grave delibe ration upon the best means of averting the e-vils arising from the escape of a friendless negro. But Mr. Webster had staked his hopes for the Presidency upon the favor of the slave power. He was now the ruling memb* of the Ad ministration, and had no other course left than to carry out his plan, by enforcing the enactment which he had advocated. The President and the other members of his Cabinet had considered the act and approved it, when it first passed Congress ; the President had again indorsed it in his annual message, and they now regarded the success of the Administration dependent upon the popularity of this enactment, which was rapidly becoming detested by the people. The result of this deUberation was a proclamation by the President, calling on the good people of the United, States to be active and vigi lant in enforcing the laws, and a general order from the Secretary of War, addressed to the officers, non-commissioned officers and soldiers of the United States, to be present at thefr posts pf duty, and ready to aid the civU authorities in enforcing the law: And the Secretary of the Navy issued a simUar order, addressed to that arm of our national defence. 344 THE NATIONAL- BUELESQUE CONTINUED. The proclamation and general orders were published m the papers of the following day. Nor did this national farce end here. The further proceedings in relation to the escape of this friendless negro exhibits the feeUng and poUcy of the Admmistration more clearly than any other facts which can be placed upon the page of history. The President and Mr. Webster, and Mr. Corwin, of the Cabinet, had been Whigs during thefr whole lives. The President had been elected as a Whig, and Messrs. Webster and Corwin held seats in the Senate as Whigs, when aspirants to cabinet offices. They were sup posed to represent the whig party, which was by them fuUy committed to the support of the fugitive act, and they felt it was very desfrable that the Whigs, as a body, should sustain it. Mr. Clay, now far advanced in Ufe, was stiU a member of the Senate, and moved a resolution calUng on the President for information whether resistance to the laws was manifested in any part of the United States. 2d. The means adopted to suppress such resistance. 3d. Whether there be or be not defects in the existing laws for the capture and return of fugitive slaves ? Mr. Clay treated the subject as a matter of grave importance, and Messrs. Davis and Foote, of Mississippi, sustained the views of Mr. Clay. ?Mr. Hale reminded Senators that there was but a single step from the sublime to the ridiculous, and declared his conviction that the Senate was about to take that step. But the resolutions were adopted by an almost unanimous vote. On the 21st February, the President repUed to the resolutions in a message of Some length, declaring that nothing could have been more unexpected to him than the escape of the negro : nor had he supposed the people of Boston would set the laws of the United States at defi ance. He characterized the escape of Shadrach as "flagitious," and assured the Senate that in his opinion, had the people anticipated such resistance of the laws, thousands would have put forth thefr best endeavors to prevent it. In the whole message there was no indica- tion that the President doubted the moral duty of Shadrach to sur render his manhood, return to bondage, and doom his offspring to chains and sighs, and tears and bitter suffering : He spoke of the escape of Shadrach as "deplorable;" regretted that Massachusetts had prohibited the use of her jaUs for the imprisonment of fugitive slaves,, declaring the negroes who assisted Shadrach to escape were guUty of " insurrection;" and transmitted copies of his proclamation and general orders, with his message, to the Senate. ME. . CHASE MEETS THE QUESTION. 345 To carry out this solemn burlesque, Mr.*Clay moved the reference of the message and documetits to the Committee on the Judiciary, with in structions to report with all convenient fiispatch, such further legislation as they might deem necessary for the faithful execution of the fugitive law.* Mr. Hale declared his entire satisfaction with the whole procedure. Said the President was evidently rendering his administration ridicubns: That nothing could have contributed to that purpose more than his pro clamation : That the President's attempt to vindicate the fugitive act must, in the nature of things, prove abortive. These remarks called out Mr. Clay, who, with some feeUng, declared that the aboUtionists throughout the country were stimulating the ne groes to defend ihemsdves when pursued by their masters. f He declared they were stimulated to slay, murder, and kill their pursuers, who were endeavoring to persuade them back to thefr duty and to th% service of their masters : He declared they were urged to this by speeches in the Senate and in the Hoiise of Representatives : He asserted that the proclamation aimed to put down all Who sought to put down the law. It was a matter of astonishment to the reformers of that day, that Mr. Clay and other statesmen ignored those famUiar principles which pubUcists and phUosephers had constantly asserted for the last century, that " enactments against the natural rights of man to life and liberty are void, do not possess the elements of law, and in no proper use of lan guage can be called laws ;" Yet that distinguished statesman spoke of the fugitive act as law, although its entire object was to deprive the flee ing bondsmen of liberty, and therefore not only void, but barbarous, des potic, and criminal. Mr. Masou, of Virginia, though a most unmitigated advocate of slavery, took a more rational view of the subject, declaring it were in vain to attempt the execution of the fugitive act where the people were as much'opposed to it as they were in Boston. Mr. Chase, of Ohio, referred to the construction of the Constitution, given by those who framed it, denying all power in Congress to legislate upon the subject of fugitive slaves, and insisting that that power was ex pressly reserved to the several States : That in accordance with that construction several of the States passed laws to carry out the compact. * The committee, finding the subject had become a matter of ridicule among the people, suffered the message to rest In silence, and made no report on the subject. t Mr. Clay evidently did not believe that the first dictate of nature's law and of nature's God, " self defence,'-'- belonged to the negro. He probably alluded to a case in Ohio, where the fugitive slew his master and then made his escape. 846 THE EXISTENCE OF A HIGHEE LAW DENIED. * That the present difficulties were the legitunate sequence of the despotic law. Messrs. Butler and Rhett, of South CaroUna, admitted the constrac tion contended for by Mr. Chase to have been the -views of those who framed the Constitution. Mr. Douglas, of Illinois, denied that there was any law higher than the Constitution ; said there never would he four members of the Senate who would assert the existence of a " higher law :" But did not explain the law or the motive power by which the planets performed their revo lutions around the sun ; nor the law of gravitation, of electricity, of ve getation, or the laws of Ufe, of the cfrculation of the blood, or that by which aU men in all ages are inspfred with a love of life and of "Uberty : nor did he pretend that human life and human affections existed by -vfr tue of the Federal Canstitution or Federal laws. Mr. Cass, of Michigan, read from a newspaper a resolution adopted at a meeting in Weymouth, Massachusetts, declaring it a duty which slaves owe to themselves, to posterity, and to God, to escape whenever an opportunity should be presented ; and the aged Senator declared that a more atrocious sentiment never disgraced any public meeting. The absence of all regard for moral principle, of that manly indepen dence which usuaUy characterizes the statesman ; of that self-respect which constrains the acknowledgment of the right of others to speak and think according to their own judgment, distinguished the debate to which we have called attention. The hostility manifested towards those who maintained the right of all men to life and Uberty, was general among both poUtical par ties. It constituted one of the principal modes of conciUating southem • favor. WhUe Congress was in session, a woman, the mother of six chUdren, all of whom were born in Pennsylvania, where she was lawfully married and had lived twenty-two years, together with her husband, were seized, brought before Commissioner Ingraham, of PhUadelphia, and feturaed to bondage in Maryland. Four colored persons, who had been liberated by their former master in Western Virginia, were residing in Portsmouth, Ohio, when they were kidnapped, carried across the river, sold South, and probably died in ' bondage. From official reports it was estimated that thirty thousand fugitive slaves, resident in the free States, were now frightened from their homes and from -the comforts of life, and subjected to hardships, privation, and suffering. Some fled to Canada, others left thefr all and went to distant FUGITIVE ACT DENOUNCED. 347 parts of the free States, unvrilUng to forsake the government which per secuted them. But the barbarism of slavery knows no bounds. Claims were sent from slave States by men who never owned a slave, describing some colored person who resided at a particular point. The slave-catcher would take with him men who, for the purpose of sharing in the spoils, would swear to the identity of the victim, and servile commissioners were ready to consign the prisoner to bondage on such proofs, receiving ten dollars fee under the law if the prisoner were remanded as a slave, while if they found the prisoner to be a free man, and discharged him, they would obtain but half that amount. From all parts of the,- free States memorials were sent to Congress, characterizing the enactment as " revolting to the moral sense of the dvil- ized world'," as " barbarous," " a disgrace to ihe age," &c., and calling for its repeal. It had been enacted under the plea that " it was neces sary to save the Union," but it excited a feeling of hostility to the slave power in exact degree as it involved the people of the free States in the crimes and barbarities of slavery. The incidents v/hich we are relating cannot fail to impress the reader with a consciousness of that infatuation which appeared to seize upon the Strongest minds from long and constant habits of thought. Mr. Clay had been one of the commissioners who subscribed the treaty of Ghent, pledging the British and American Governments to the entire aboUtion of the " traffic in slaves!' He had during his whole life sus tained the Institution in our own country, and by his efforts Missouri had been admitted as a slave State thirty years previously : Yet during the present session he denounced every man who agitated the question of slavery : Bnt now, as the thirty-first Congress was drawing to a close, he presented to the Senate resolutions directing the Committee on Commerce " to inqufre as to the propriety of further legislation to pre vent the prostitution of the American flag to the protection of the Afri can slave trade." Thus, while denouncing those who exposed the coastwise slave trade, the inter-State slave trade, the selling and buying and transferring slaves from one plantation to. another, this distinguished statesman was himself anxious to put down the same practices upon the African coast. He was apparently unconscious that the foreign slave trade, the coastwise slave trade, the inter-State slave trade, the buying and seUing slaves from one plantation to another, the holding, punish ing, torturing and murdering of slaves constituted an inseparable net work of crime and guUt which could not be morally severed. The subject occupied the attention of the Senate at times during the 348 A POLITICAL CONSPIEACY. remainder of the session, without any definite action upon the resolu tions, .^ Nor did the slaveholders of that day appear to regard their own action in behalf of slavery as liable to criticism. Thus, whUe every southern member was in the daily practice of denouncing their northern friends for agitating questions touching slavery, Mr. Atchison, from Missouri, presented the petition of Margaret Drew, of that State, praying com pensation for a slave lost whUe in the service of a quartermaster of the United States, at Leavenworth, in the territory west of Missouri. He declared himself opposed to any reference of the petition, saying but one question could arise, and that was, whether the quartermaster had used due diligence to prevent the slave from escaping. The Senator ap peared to have no conception of the uniform practice of the Government in discarding all consequences arising from the unauthorized acts of its agents ; nor did he appear conscious that by going into territory where no law of slavery existed, the slave became, ipso facto, free ; nor to have discovered that tfain of decisions by Congress, in which that body had ever denied that slaves were property. The Senate, however, more thoughtful than the mover, referred the petition to the Committee on Claims, where it yet rests in silence. , As the thirty-first Congress was about to close, and members, on look ing back, found that every effort to suppress the conscientious con-victions of the people on the subject of slavery and the slave trade m the District of Columbia, in our Territories, and upon the high seas, and of the fugi tive act, and the act giving Texas ten miUion dollars, had proven not only abortive, but had greatly intensified the feeUng which previously existed, they determined to make one more effort to silence the popular voice, which appeared to be Uterally the voice of God finding utterance through the organs of humanity. Entertaining no doubt as to thefr power to control the moral and political sentiment of the country, they entered into a solemn compact with each other to support no man for public office who did not regard the measures adopted by Congress, at its previous session as a final settlement of the slave question : or who should agitate the repeal of any of the measures aUuded to.* 1 * This compact was In the following words : " The undei-slgned, members of the thirty-first Con gress of the United States, believing that a renewal of sectional controversy upon the subject of slavery would be both dangerous to the Union and destructive of its objects, and seeing no mode by which such controversy can be avoided, except by a strict adherence to the settlement effected by the compromise acts passed at the las't session of Congress — Do nECLARE their intention to main tain said settlement inviolate, and to resist all attempts to repeal or alter the acts aforesaid, unless by the general consent of the friends of those mea.sure8, and to remedy such evils, If any, as time and experience may develop. "And for the purpose of making this resolution effective, they further declare, that they will not HOSTILITY TO SLAVEEX INTENSIFIED, 349 These various efforts to draw the Une of demarkation between the sup porters of slavery and the advocates of Uberty, could not faU greatly to diminish the influence of the former and increase the numbers of the lat ter. But the leading statesmen of the South and their friends' of the North felt that the safety of the principal political organizations, and of the nation, depended on maintaining and confirming every act of Con gress in favor of slavery, and holding it up as a precedent to be foUowed in all subsequent tiitie. The oUgarchs now held slavery to be a perma nent, enduring institution, and that all laws enacted for its support must of necessity be sacredly preserved from modification and repeal : while the Free-soUers of that day declared thefr policy to be the repeal of all Congressional enactments in favor of slavery, leaving the institution en tfrely with the States in which it existed: whUe no State which preferred freedom should be involved in the support of slavery. support for President, or for Vice-President of the United States, or for Senator or Representative in Oongress, or member of a State Legislature, any man of whatever party who is not known to be opposed to the disturbance of the settlement aforesaid, and to the renewal in any form of agitation upon the subject of slavery." (Signed)— Henry Clay, Howell Cobb, Charles S. Morehead, Henry S. Foote, Wm. 0. Dawson, Thos. J. Rusk, A. H. Stephens, Jeremiah Clemens, Robt. Toombs, Meredith P, Gentry, Thos. G. Pratt, Wm M. Gwmn, F. E. McLean, A. G. Watkins, David Outlaw, Alexander Evans, C. H. Wil liams, P. S. Haywood, A. H. Shepherd, David Breck, James L. Johnson, D. A. Bookee, J. B. Thomp son, L. M. Andrews, W. P. Mangum, John B. Kerr, Jeremiah Moreton, J. P. Caldwell, R. J. Bowie, Edmund Deberry, E. C. Cabell, Humphrey Marshall, Alex. P. Owen, from slave States. Prom New York — ^William Duer, Robert L. Rose, J. Phillips Phoenix, George R. Andrews, James Brooks, A. M. Schermerhom. Prom Pennsylvania — James Cooper. From Massachusetts — Samuel Elliot. From Ohio — John Q. Thurman. From New Hampshire — Henry Hlhbard. . 35T) ME. BOTD, OF KENTUCKY, ELECTED SPEAKEE. CHAPTER XXIII. ATTEMPTS TO ENFORCE THE COMPROMISE MEASURES — DEATH OP MR. CLAY — KOSSUTH visrrs Washington — political parties pledge themselves TO STOP ALL agitation. 1851 1 '^^^ thfrty-second Congress was composed of men differing in ' thought and opinions respecting slavery. The whig and demo cratic parties appesJ^ed impressed with the conviction that final disrup tion awaited them ; that they could only be held together for a time by the most strenuous efforts of thefr members. Thus, on the day of assem bhng, when the Clerk had caUed the members to order, Mr. Campbell, of Ohio, proceeded to nominate as the whig candidate for Speaker, Thaddeus Stevens, of Pennsylvania, for whom the Free-soUers would have gladly voted at the previous Congress, and his election would have been secured could the Whigs have been induced to vote for him, Mr. Jones, of Tennessee, nominated Mr. Boyd, of Kentucky, decUr- ing that he did not make the nomination merely because that gentle inan had been nominated by a democratic caucus, but because he was a Union man. Mr. Brooks, of New York, said the Whigs had that moming held a caucus, and resolved to -maintain the compromise measures as a finoliiy. And a long debate now arose between the whig and democratic parties as to which was the most zealous supporters of the Union, which was understood to mean the most zealous supporters of slavery ; southern Democrats endeavoring to show. that northern Whigs were opposed to slavery, and southern Whigs endeavoring to show that northern Democrats were unfaithful to that institution. This debate wsCs irregular, as the House was unorganized ; and Mr. Giddings, being a Free-soUer, took occasion to remmd gentlemen that they would have ample tune to show each other's crunes after a Speaker should be elected ; and said he was greatly surprised to see gentlemen pledged to sUence aU agitation, engage in debating the slave question before a vote for Speaker was allowed to be taken. Pie hoped. the country would notice that the House had been precipitated mto this debate by Whigs and Democrats, and not by the friends of Uberty. The House then proceeded to baUot for Speaker, and Mr. Boyd, of Kentucky, was elected on the first baUot. MISSISSIPPI PEBPAEES FOE SECESSION. ' 351 On the foUowing moming, Mr. Foote, of Mississippi, presented to the Senate a resolution declaring that the fugitive slave act, the act estabUsh ing territorial governments in Utah and New Mexico, and the act admit ting California to the Union, were in the judgment of the Senate, to be regarded as a definitive adjustment of the distracting questions growing out of, and touching domestic slavery. When the resolution came up for debate,- Mr. Foote made a long speech to show that the several acts referred to ought to be regarded as a final settlement of the slave question, and that all discussion of the subject should be suppressed. This discussion of the propriety of dis cussion attracted much attention. Those who witnessed it were amused at its ludicrous character. Southem statesmen for years had introduced subjects relating to slavery, but when northern members resisted such measures they were at once charged with " agitating the slave question." Mr. Foote declared that the people of his State, in solemn convention, had approved those acts of Congress, and pledged the State to stand by them ; and he then read a resolution adopted by said convention declaring that the asserted " right of a State to secede from the Federal Union was utterly unsanctioned by the Constitution." He then read fur ther resolutions declaring, 1st. That any interference by Congress with slavery in the States, or 2d. With the slave trade between the States, or 3d. With slavery in the District of Columbia, or in other places within the jurisdiction of Congress, or 4th. The refusal by Congress to admit new slave States to the Union, or 5th. The repeal of the fugitive slave act, or 6th. The prohibition of slavery in the Territories, would furnish suffi cient cause for resistance on the part of the slave States.* Mr. Foote also appealed very solemnly to the democratic party to stand by Missis sippi and the slave States in maintaining the compromise measures of the previous Congress. Messrs. Butler and Rhett, of South Carolina, and Mr. Mason, of Virginia, joined in debating the propriety of debate. These Senators had long before that time assured the pubUc, that all agitation would cease soon, as the measures alluded to should pass Con gress ; and now those poUtical prophets were active and loud in their arguments endeavoring to convince the world that they had correctly foretold the precise effects of thefr own measures. This unenviable position of the slave power and its democratic friends could not faU to * This movement In Mississippi was Intended as .the first step on the part of that State towards secession, which was, ten years subsequently, earned Into effect. 352 EXPEDITION AGAINST C^BA, provoke facetious remarks. Mr. Hale, of New Hampshire, held up the mirror before them, exhibiting thefr inconsistency. This exposd called out reply, and the resolutions continued to be dis cussed at intervals for more than two months, when members appeared to realize the singular position which they occupied, in debating measures that had been disposed of during the previous year, and the resolutions were suddenly laid aside and no more caUed up. 1852] Amidst all the difficulties which now surrounded the slave power, a policy was adopted by the friends of the institution for obtaining Cuba, in order that it might be divided into slave States, and being annexed to our Government, would give the slave interest a con trolUng influence. The projectors of this unauthorized expedition against Cuba have not been exposed. That it was being fitted out was known to the British, French, and Spanish governments, long before it sailed ft-om the United States. The Spanish Govemment wa^ well aware of it and gave notice to ofirs of the intended raid upon Cuba. The Presi dent issued his proclamation, calUng upon all weU-disposed citizens to enforce the laws against all such unlawful expeditions ; but no general orders from the Secretary of War or of the Navy were sent as was done in the case of the fugitive Shadrach. But no law of the United States against the interests of slavery could be enforced at that day within the slave States. The expeditipn was commanded by a Spaniard named Lopez, and the whole number of troops embarked did not exceed four or five hundred. They landed near Cardenas, and after some Uttle time were all captured, and Lopez and some fifty others were tried, condemned, and executed. The others were sent^ to Spain, and eventuaUy, on application of our Government, were given up and brought to the United States at the public expense. The appropriation of money for this purpose by Congress, gave rise to discussion which may be said to have been unpleasant to southern members. Mr. Clay had now become well stricken in years, and those who conversed with him at the commencement of the session were impressed that his earthly labors were drawing to a close. He had long served his country in official Ufe, and had mingled in all the debates of the Senate on the subject of slavery while a member of that body. He had also been active in that respect whUe a member of the House of ¦ Representatives. He was a man of dignified deportment, bland and genial in his manner, amiable in his temper. Possessing great expe rience, he of course wielded great influence hi the Government. That DEATH OF ME. CLAT. 353 influence had been far greater in the North than that of Mr. Calhoun, and was probably more efficient in favor of slavery than that wielded by any other man ; but his eventful life drew to a close. He died at the National Hotel, in the city of Washington, on the 21th day of January, 1852.* But whUe Calhoun and Clay were departing to their reward. Chase and Seward entered upon senatorial duties, and uniting with Hale and Sumner, boldly proclaimed that freedom and the free States were entitled to a hearmg before the Senate and before the world. That law of the human intellect which prompts us to love Uberty, constrains us to approve and admfre its defenders. Louis Kossuth, the distinguished Hungarian, after maintaining to the utmost of his power, the rights of his people against Austrian despotism, fled and took refuge under the Turkish Government; and was invited by the Pre sident of the United States, to visit our American land. On the first day of the present session, Mr. Foote, of Mississippi, offered in the Senate, a joint resolution to appoint a committee of the two Houses to make arrangements for a suitable reception of the exUed Governor. Other slaveholding Senators appeared emulous 'of doing honor to this noble defender of human liberty, apparently unconscious that in honoring him they were stimulating American advocated of Uberty to follow his example, in the support of those rights which pertain to the human race in all countries and in aU times. But when Mr. Sumner, of Massachusetts, paid a glowing tribute to the patriotism, phUanthrophy, and justice of the noble stranger, slaveholders began to falter. They had, however, gone too far to re cede, and the resolution passed tke Senate, and was sent to the House of Representatives. It was obvious to reflecting men, that to encourage Uberty in Hungary was in effect to approve its advocates in the United States. All felt that Austrian despotism was mUd when compared with that of our southern States. Yet the measure had become popular, and although a few members of the House. of Representatives opposed the adoption of * After Mr. Clay was confined to his room tho author visited him. He was sittmg in an easy- chah-, able to converse in a low tone of voice ; but was evidently passing away under the slow progress of consumption. He alluded at once to the former friendship that had existed between them, the kindness and fidelity with which the author had supported him when a candidate for the Presidency, and to the coldness which had grown up In consequence of slavery. Said he had no doubt that his own feelings had been too strong. The writer responded in the same language, and assured him that he could retain no feelings other than of kindness under the circumstances In which they then found themselves. Mr. Clay said he had no unkind feelings towards any one. After full explanations and mutual assurances of kindness, the conversation turned upon tbe future, on which his thoughts appeared to dwell 23 354 NO ONE WILLING TO DISCUSS SECESSION. the resolution, it passed that body. Kossuth was pubUcly reeeived with imposing ceremony, adding influence and strength to the advo cates of freedom : While the supporters of slavery soon viewed the whole proceeding with sadness, apparently fearing that the rising spirit of liberty would at no distant day wipe out the stain of oppression from our American land.* The doctrine of secession had been but Uttle discussed at the time of which we are writing. Mr. Calhoun had avowed it in the Senate. Messrs. Pickens, Rhett, and some others, had spoken favorably of it in the House of Representatives ; but those men had disappeared from the haUs of legislation, and no man was found in either House pos sessing sufficient moral courage to pubUcly avow it : Yet it was dis cussed in southern papers, land Mr. Gorman, a Democrat, of Indiana, took occasion to denounce the doctrine as monstrous in prindple and 'destructive in practice. Although some members were supposed to enter tain secession views ; yet no one appeared willing to reply to these .denunciations. There were few subjects of general interest involving slavery discussed at the first session of the thirty-second Congress ; but the Legislature of Iowa being democratic, and desirous of expressing the allegiance of her people to slavery, adopted resolutions laudatory of the fugitive act. Senator Jones, on presenting them to the Senate, referred to the act as wise, just, and in all respects proper. This provoked renewed discussion of the subject, , Senator MUler, of New Jersey, also presented sunilar resolutions from ¦the Legislature of his State, and spoke in favor of the wisdom which prompted the enactment of this statute ; and it is somewhat remarkable that every subject involving the character of slavery which came before Congress during this session was introduced by the friends of that insti tution. Mr. Jackson, of Georgia, presented to the House of Representa tives resolutions declaring the compromise measures of the thfrty-first * During this debate Hon. James Brooks, of New Tork, said he would vote for the resoluBon, although it was ill advised. He charged the author with encouraging its passage because it was popiUar; and the public reception of Kossuth would give an hnpetus to the anti-slavery cause. The author repUed that he had never constituted the member from New York the exponent of his views ; that It was trae he greatly respected that public sentiment which would at no distant day consign the gentleman from New York and all supporters of slavery to the " charnel-hmse of political forgetfulness." The prophecy appeared to have proven true. For some ten years Mr. Brooks adhered tp the whig party whUeit Existed, then joined the " Know-Nothings," but remained In private life until the voluntary disbancjpent of the Republican organization of New York, in 1861. Mr. Brooks then joining with the.D^iQqcrats,iW^,s elected to Congress. WATBOn's CLAIM EENEWED. 355 Congress, including the fugitive slave act, to be just, constitutional, and obligatory upon all the States and upon the citizens of each State. It again became evident that the friends of those measures were Ul at ease as to the influence they were exerting upon the northem conscience ; they were therefore anxious to re-argue thefr propriety, hoping to reason the northern mind into the justice of seizmg innocent men and women whUe fleeing from oppression, and sendmg them back to bondage. Both whig and democratic parties appeared anxious to avow thefr allegiance to the fugitive act and the Texas biU ; but the friends of freedom, assured from history, from experience, and observation, that the course pursued by those parties would Jead to thefr own destruction, were content to sit in silence with folded arms, and witness this process of political suicide. The feeling now so prevalent among the pro-slavery parties was .^gg^ regarded as favorable to the re-presentation of the important claim of J. C. Watson, for the loss of slaves whom he had purchased of cer tain chiefs of the Creek tribe of Indians, in 1831. As stated in a former chapter, in 1836 General Jessup employed two battalions of Creek Indians to aid our troops in the Florida war, agreeing to give them ten thousand dollars and aU the pl-wnder they might capture. In doing this. General Jessup acted vrithout law and without authority, as all soldiers were enlisted under well-defined regulations, receiving certain wages. In the course of the campaign they captured about one hundred colored persons, mostly women and children. The Indians had no pro visions for feeding them, and by order of the commanding officer, (General Jessup), they were turned over to the United States, and eight thousand dollars paid tbe Indians for them. This, too, was un authorized ; but the negroes were sent west and Watson caUed on Con- gi'ess to pay him for the loss of those free persons to whom he had .no legal claim whatever, even under slaveholding laws. The absurdity of paying this slavedealer for the loss of human chat tels, in which the people of the United States could have no pecuniary interest, was quite. obvious ; but such was the obsequiousness of northern members that the bUl givmg Watson more than twenty thousand dollars passed both Houses of Congress, and the money was duly paid. Every member from the slave States voted in favor of the biU, and were assisted by Messrs. Appleton and Porter, of Maine ; Scudder, of Massachu setts ; Hibbard, of New Hampshfre ; IngersoU, of Connecticut ; Brooks, Dean, Martin, Schermerhom, Sutherland, and Walsh, of New York ; Price, of New Jersey ; Chandler, Florence, Kuhns, McNafr, Robbins, 356 ESSENTIAL PEmCIPLES EEPUDIATED. and Ross; of Pennsylvania ; Taylor, of Ohio ; Penniman and Stuart, of Michigan ; Parker, of Indiana ; Clark and Henn, of Iowa, and McCorcle, of California, The bill was discussed, and questiofls of slavery were fully debated ; but southern members, abandoning the doctrme that slaves were property, 'nrged payment of the claim upon the principle that the action of the commanding officer in time of war was binding upon the Government, even when professing to sdl free men into slavery. The vote stood, 15 for the biU, 53 against it ; and, after fifteen years of effort, Watson obtained indemnity for his loss of human chattel^ from the pockets of the people. The poUcy of the whig and democratic parties was weU Ulustrated in their national conventions for nominating candidates for President and Vice-President. The democratic organization assembled at Baltimore in the month of May, and nominated Mr. Pierce, of New Hampshfre, as their candidate, but asserted no primal truth, no moral principle, no -poUtical doctrine, as the basis of their organization ; on the contrary, they studiously avoided such avowal, but pledged themselves to resist aU attempts in Congress to renew the agitation of the slavery question under whatever shape or color the attempt might be made. The Whigs held their convention in the same city in the week foUowing, and nonunated General Scott as their candidate. They also adopted a series of resolutions avoiding the assertion of any moral principle or essential doctrine ; but declaring that they would deprecate all agita tion of the slave question, and pledging themselves to discountenance all efforts to continue or renew such agitation whenever, however, and wher ever made. These two great parties, now standing before the country as oppo nents, long contending with each other, and each demanding support of the people, presented to the world a political phenomenon morally inex plicable. They fuUy agreed -with each other on the subject of slavery, nor did they disagree on any other subject. Each of these parties had in past time risen to power, not because of any principle which it advocated, but on account of the incompetence and corruption of the opposing organ ization, and by aid of the malcontents among the party in power. And now they united in discarding from their ranks aU who advocated the undying truths and immutable principles of human freedom. Each party sought to obtain the vote of the slave States. To do that, they, were compelled to discard the very doctrines on which the Republic -was founded. They pledged allegiance to a despotism a thousand tunes more barbarous than that for the overthrow of which their fathers contended, bled, and died. Men who were able to cast aside the prejudice of A POLITICAL ISSUE FOEMED. 357 party clearly understood, that the spfrit of our Government and institu tions had already departed : That we merely retained the form of a repubUc ; and their hope rested on the confident belief 'that the people could be awakened to the support of the doctrines on which it had originally been founded. The Free-soilers, who had assumed tbat cognomen at Buffalo in 1848, now assembled at Pittsburg. It was an imposing convocation of men of moral and political character. Hon. Charles F. Adams, and Senator Wilson, and many other good men and true from the old Bay State* together with others of like character from each of the free States, assembled under a deep and solemn sense of the responsibihty which rested qn them, kno-wing the determined hostiUty of both the old parties which they were to encounter. They put forth probably the most per fect platform of poUtical faith which had then been enunciated since the Declaration of Independence. They pledged themselves fully to the support of Uberty wherever the constitutional jurisdiction of the Federal Government was exclusive, leaving the slave States to support or abolish slavery at the pleasure of their people. They nominated Hon. John P. Hale as their candidate for President, and Hon. George W. Julian for Vice-President, and entered upon the contest with a high moral prestige. Intending to succeed eventually by the force of truth and justice, they entertained no expectation of electing their candidates in that particular contest. They assumed the name of Free Democrats, and entered upon the work before them with a spirit and energy worthy of commendation. 358 THE 'WHIG PAETY DISBANDED. CHAPTER XXIV. RESULT OP THE PRESIDENTIAL ELECTION ^DEATH OF MR. WEBSTER CLAIM OF WILLIAM HAZZARD WIGG. ^gg2 1 During the vacation of the thfrty-second Congress the Presi dential election was determined as most reflecting men had foreseen. The course pursued by the whig party on the election of Speaker at the commencement of the thfrty-first Congress had impressed leading politicians with the conviction that it had surrendered its own existence at the dictation of the slave power. They had succeeded in electing their President in 1848, without the enunciation of any essential principle ; but soon as they came into power and the offices had been distributed, there was no longer any raUying point or principle to which the President, or any member of the Cabinet, or party, was in honor bound ; and the people soon discovered that they had gained nothing by the change of administrations. The subsequent refusal to take a candidate for Speaker who was in favor of the consti tutional right of petition seemed to have forbidden all Jiope of thefr further success ; but relying upon the mUitary fame of thefr candidate, they entered upon the contest with some show of force. When the votes were counted, however, the whig candidate was found in such a meagre minority that the party voluntarily disbanded and henceforth ceased to exist. * The death of Mr. Webster in the autumn of 1852, whUe holding the office of Secretary of State, constituted an incident interesting and im portant. He had disappointed the advocates of liberty by his speech in the Senate, and by his subsequent exertions to placate the slave power and win thefr influence to his support. Finding the people of the free States hostUe to the 'fugitive act, on -which he had been wiUing to stake his prospects, he then threw himself entirely upon the slave power for support. His anxiety under these circunistances became oppressive, and was noticed by those who were famUiar with him. But at the nominating convention no vote was cast for him. The slave power had obtained from him aU the assistance which its advocates expected. His election would not increase the safety or prosperity of the institution. And members of Congress who met him on the moming after the nomination, were struck with the sadness which marked every ME, websteb's death. 359 Uneament of his countenance. It was evident that ambition no longer stimulated Mm to action. The blow was fatal. That mighty intellect which had commanded the admiration of Europeans as weU as Americans, was evidently falling a sacrifice to disappointed ambition. He lived scarcely sbs months from the time of his disappointment, and evidently died of a broken heart. He may be said Uterally to have faUen with the party which he had so long supported. At the reassembUng of Congress those members who had belonged to the whig party were in an anomalous position. They had de-* nounced both Democrats and Free-soilers, and now felt that pride of opinion which would not permit them to act with either. The Free Democracy, however, satisfied with their prospects, , pggg were wUUng to permit others to introduce subjects of debate, A bill was brought before the House of Representatives, for appro priating money to bring from Spain the unfortunate members of the Cuban expedition under Lopez, mentioned in the previous chapter. As that expedition had been fitted out for the purpose of extending and strengthening the slave power, it excited debate, during which leading southern members declared thefr intention to obtain Cuba for that purpose. During this session the author served as a member of the Commitr tee on Terril^ries, who reported a bill to organize a government in Nebraska. 'When this bUl came up for debate in Committee of the whole House, Hon. John W . Howe, of Pennsylvania, publicly called on the author to inquire why there was no prohibition of slavery in it ? Mr. Giddings replied that, by the eighth section of the act admitting Missftiri, slavery and involuntary servitude had been distinctly prohibited ill all the territory ceded by France to the United States, in what was called the "Louisiana purchase," north of 36 deg. 30 min. north latitude : That being excluded, no additional legislation was necessary on the sub ject, and he, Mr. Giddings, had voted for the bill as it then stood. . Mr. Howe declared himself satisfied. This incident showed that the lovers of liberty were wiUing that the subject of. slavery in that territory should rest, -without further disturbance. The bUl passed the House without debate, and was transmitted to the Senate. That body were unwilling to permit Kansas to be organized as a free territory, and retained the bUl without any action upon it. Late on the last night of the session a motion was made to suspend the rules of the House, in order to take up and consider a bUl from the Senate for the relief of " WUliam Hazzard Wigg," who was said to have lost about a hundred slaves during the revolutionary war. He was 360 EXTEAOEDINAET CLAIM. a resident of South Carolina, and the slaves were said to have been carried away by the British. The reader wUl recollect the efforts put forth by President Washington, to obtain compensation for the thousands of slaves carried away during that war, and the' final surrender of aU these claims, as related in a former chapter. Thousands of northern citizens had been rained during that war, thefr property taken by the enemy, thefr dwellings burned, their famUies left destitute, but Congress had ever refused compensation. But here was a case where men and women were assisted to gain thefr Uberty, a,nd the grasp of the oppressor had been loosened by British power, and the people of the free States were to contribute their substance to com pensate the descendants of Wigg for the loss of slaves who had regained their liberty more than seventy years previously. The bill had passed the Senate without objection, although, on a motion to amend, Messrs. Brodhead, of Pennsylvania ; Clark and James, of Rhode Island ; Dodge, of Wisconsin ; MiUer, of New Jersey ; Weller, of CaUfornia, aud Wade, of Ohio, voted for perfecting the bUl ; But, as no one opposed it, these Senators, with all others present, must have approved its passage. When it reached the House of Representatives, the author, under standing its character, foresaw that an effort would be made to take it up on the last night of the session, and in the hurry of business to pass it. To prevent this he went among northern members, stating the character of the bUl and foreteUing the effort to pass it on the last night of the session, when it could not be debated or its character made known to the House. As predicted, at 11 o'clock of the last night of the session, Mr. Col cock, a Democrat of South CaroUna, moved to take up this biU. * Mr. Skelton, of New Jersey, a Democrat : " I object. The biU ought not to be passed ; it introduces" — (Cries of " Order, order I" from slaveholding members.) Mr. Duncan, Whig, of Massachusetts : "I object, and wish to state the reasons for my objection." (Cries of " Order 1 order ! ") Mr. Colcock : " I mo^^e to suspend the rules, in order to take up this biU." Mr. Walsh, Democrat, of New York : " I hope that biU wUl be taken up and passed." Mr. AUison, of Pennsylvania, Whig, demanded the yeas and nays on suspending the rules and laying aside aU other business, to take up and pass this biU. They were ordered, and all the slaveholders voted in the affirmative, together with Messrs. Appleton and Porter, of Maine ; Fay and Gooderich, of Massachusetts ; Briggs, Brooks, Conger, Dean, Hart, JUSTICE INSULTED. 361 Hawes, Russel, Schermerhom, Sutherland and Wal^, of New York ; Bibighaus, Chandler, Curtiss, Dimmock, Florence, FuUer, Gamble, Jones, Kuhns, Kurtz, Moore, McLanahan, Morrison, Parker, Robbins and Ross, of Pennsylvania ; Marshall and McCockle, of CaUfornia ; IngersoU, of Connecticut ; Stratton and WUdrich, of New Jersey ; Carter, Disney, Edgerton, Olds, Gaylord, Greene and Taylor, of Ohio ; Dunham, Fitch, Gorman, Lockhart and Mace, of Indiana ; CampbeU and Richardson, of IlUnois ; Clark and Henn, of Iowa, These men from the free States assisted in suspending the rules of the House and all other business, in order to pass this bill, which, in every possible aspect, was most insulting to our northern laborers, from whom the money was principally drawn ; but no debate was allowed, nor were the opponents of the bill able to obtain one-fifth of the members of the House to vote for the yeas and nays on its passage. The effrontery of southern men, in demanding compensation for the loss of these slaves, was more than equalled by the base servUity of those northern members who sustamed this fraud upon the pubUc treasury. But these surrenders of northern honor and northern interest were all justified and vindicated by the usual argument that " it was necessary to save the Union;" whUe, in fact, they really made southern men believe their favor, theirsmiles and approbation necessary to preserve the Government ; and to regard northem members as iticapable of the exercise of the higher virtues of patriotism and justice. 362 THE DE-MOOEATIO PAETT IN POWEE. CHAPTER XXV, CHARACTER OP PRESIDENT PIERCE ^THE " AMISTAD " CLAIM — ^REPEAL OF THE MISSOURI COMPROMISE — THE INAUGURATION OF CIVIL WAR ATTEMPT OF THE EXECUTIVE TO EXCITE A WAB WITH SPAIN BLOODSHED IN BOSTON RESISTING THE FUGITIVE ACT HUMILIATION OF SENATOR CASS FIDELnT OF HIS STATE COMPENSATION FOR LOSS OF SLAVES ON BOARD THE " CREOLE," THE " ENTERPRISE" AND " HEBMORA," PAffi BY GREAT BRTTAIN, jgjg , The thirty-thfrd Congress convened under pecuUar circumstances. The democratic party were in power. They held the Executive offices and a majority of both Houses of Congress, and controUed the Legislatures of nearly aU of the thirty-one States which then constituted the Union. For many years the members of both whig and democratic parties had charged the advocates of Uberty with agitating the " slave question." The repetition of this assertion had become chronic with those parties. Whenever the slave power introduced any subject of legislation involving the interest of the institution, and the adherents of freedom resisted it, the charge of "agitation" was iterated and reiterated : and it was never repeated and asserted with greater em phasis, than when they opposed the annexation of Texas^ the Mexican war, the estabUshment of slavery in California, the givmg Texas ten milUons of dollars, and the passage of the fugitive act. Free-soUers having felt that these outrages upon the rights and inter ests of the free States were arousing the indignation of all thinking men, had during the last Congress refused generally to enter into debate touching the institution. This quietude was unsatisfactory to the slave power. Ambitious men were unable to attract public attention on other subjects ; but all could manifest aUegiance to slavery, which was usuaUy regarded as the only mode for obtaining popularity. Nor were any members more anxious for debating the slave question than those who at the close of the thirty-first Congress had signed a -written pledge, binding them selves not to support any man for President or Vice-President who did not regard the compromise measures as a final settlement of the slave question. Mr. Pierce, the Democratic President, in his first annual mes sage, recommended that Cpngress should appropriate money to compen- CHAEACTEE OF PEESIDENT PIEECE, 363 sate the owners of the slaves who on board the Spanish schooner " Amistad " had by thefr own prowess won thefr right to Uberty, The case was fuUy stated in a former chapter. Having been first recommended by President Polk, and reported upon by the Committee on Foreign Affairs, the writer had met it, and exposed it in a short speech, when the motion to print the report was abandoned even by the mover. The claim was again brought to the attention of the House by an amendment of the Senate to the civil and diplomatic appropriation bUl, and that amendinent was promptly defeated in the House. But the case was important, as it involved the right of slaves to obtain thefr Uberty by slaying their oppressors. It involved the life-giving doctrines of the Government. But the Ufe of Uberty, is the death of slavery : and the position of the Supreme Court, and the repeated decisions of the House of Representatives, if sustained, must prove the destruction of the "pecuUar institution." The first step towards a reversal of those decisions, was necessarUy taken by the highest authority of the Govern ment : and Mr. Pierce, from education, from habits of thought, from poUtical affinity, was the proper man to take it. Few statesmen of that period were more devoted to the party which elevated them. In no way distinguished for the powers of his intellect, he was kind arid gentlemanly in his deportment, and pleasing in his address. Unconscious of the phUosophy of govemments; he studied thoroughly the policy of his party, and was unfaltering in his devotion to the interest of slavery. Under these cfrcumstances, he really believed that Congress held the same legitimate power to legislate in favor of slavery that it possessed to act in favor of freedom. He was sincere in the opinion that colored men were in duty bound to become slaves, to remain slaves at the wUl of the white race, and that it was a moral crime for a black man to obtain his liberty by the display of that virtue caUed heroism : and he strongly urged Congress to grant from the pubUc treasury full indemnity to the Spanish slavedealers for loosing their piratical grasp upon their fellow-men. This recommendation of the President came under debate in „,.„ [.lOOo. the House of Representatives on the usual motion to refer the message to the appropriate committees. The writer, then the only member of the House whose public life had been contemporaneous with this claim, now for the third time met it with more than usual confidence, repeating the positions which on the two former occasions he had endeavored to maintain, and representing the President's position on the subject in no enviable Ught. But to his main points he invoked the attention of the chairman of the Committee on Foreign Affairs, Mr. 364 THE "amistad" slaves again. Bayly, of Virginia, regarded as one ofthe ablest ofthe southem delega tion : and so pointed was the writer on this branch of his remarks, that Mr. Bayly at once said that he would reply at the first opportunity, and would show the justice of this claim. After the lapse of some two weeks, the writer pubUcly called attention of the House to the promise of the chairman of the committee, and complained that he had faded to vindicate the President's views. The chairman excused himself, saying he had not yet prepared such a vindication as he desfred, but would do so at no distant day. After another month's delay, Mr. Giddings again complained to the House that the chairman of the committee had suf fered the President's -views to be assailed on tho important measure of paying for the " Amistad " slaves, without vindicating them. To this Mr. Bayly listened, bvrt made no response, nor did the committee to whom this part of the message was referred ever respond to the propo sition, and the claim again appeared to be set at rest. But demo cratic members and democratic presses denounced Mr. Giddings for " agitating the question of slavery" on debating the President's mes sage, and declared that the Union could not continue if such agitation were permitted. But a question of far more pervading interest awaited debate. As stated in the last chapter, a bUl organizing a territorial govern ment in Nebraska had been reported to the House of Represen tatives, and having passed that body was sent to the Senate. It was silent as to slavery, and had therefore occasioned no debate. jggg^ But as the vast territory west and north of Missouri was now ready for the establishment of territorial governments, preparar tory to admission as States, and as this whole country had been declared forever free by the Missouri Compromise of 1820, southern men viewed the addition of more free States from that part of our country as fixisg the boundaries of slavery, which must inevitably result in the total extirpation of the institution. They had endeavored to avoid this result by the annexation of Texas, and obtaining C^ilifornia : But the sceptre of power had already departed from the slave States. California was free, and it was clearly seen that the addition of free States from the northwest would reduce the slave power to a subordinate position in the Government, which it had controlled for more than half a century. Early in the session. Senator Dodge, of Iowa, introduced a biU in the Senate on leave, organizing a territorial government in Nebraska. But it is beUeved that neither .that Senator nor his confreres were conscious of that vast tumultuous sea of agitation on which they were about to THE KAN8A8-NEBEASKA BILL. 365 launch the democratic bark. The bUl was referred to the Committee on Territories, of which Mr. Douglas, of lUinois, was chairman. He was a man of some experience, having served in the House of Represen tatives several years, where he failed to exhibit any extraordinary powers of intellect. He was however a ready debater. His language was ap propriate, but his arguments were more diffuse than logical, more plau sible than profound. His great error was that which was common to the age in which he Uved. He constantly lent influence to whatever he supposed would subserve the interest of himself or party, rather than to maintain enduring truth and unerring justice. It is believed that in his whole public Ufe he never admitted the existence of a higher law than human enactments, or of a power superior to human governments, or of interests more important than those of the democratic party. Mr. Atchison, of Missouri, was acting as Vice-President of the United States, and feeUng a deep interest on this question, proposed to Mr. Doug las to report a bUl authorizing the people of Nebraska to form a terri torial goverfiment without excluding slavery, or he, Atchison, would resign his position as Vice-President, and take that of chafrman of the Committee on Territories in which Mr. Douglas had served several years. Mr. Douglas, after reflection, preferred to report the bid himself These facts were afterwards pubUcly stated by those gentlemen in the Senate, and Mr. Douglas accordingly reported the bUl, accompanied by an elaborate report, endeavoring to show that the people of a ter ritory have the moral right to estabUsh slavery or freedom as they may deem most for thefr own interest ; but he had not in language provided for the repeal of the Missomi Compromise of 1820. The Senate ordered five thousand copies of the report to be printed for distri bution. Mr. Dixon, of Tennessee, gave notice that when the biU should [I854. come up for consideration he would offer an amendment expressly repeaUng the 8th section of the act admitting Missouri, which prohibits slavery in all the Louisiana purchase north of 36 deg. 30 min. north latitude. Mr. Douglas moved a recommitment of the biU, which was agreed to ; and he subsequently reported a bill organizing two territorial govemments, one for Kansas and the other for Nebraska, declaring the Missouri Compromise inoperative, and maintaining the right ofthe people to estab Ush slavery. It became obvious that a serious attempt to repeal the time-honored compromise was now to be made under the prestige of the democratic party : and those opposed to the extension of slavery felt the necessity of an earnest and persistent effort to prevent such an outrage 366 ADDEES8 TO THE PEOPLE. upon the people of the free States and the rights of humanity. They prepared an address to the people of the United States. It was signed by Senators Chase, of Ohio : Sumner, of Massachusetts ; Hale, of New Hampshire ; Messrs. Gerrit Smith, of New York ; De Witt, of Massachusetts ; Giddings aud Edwa'rd Wade, of the House. The subscribers said in the address, "We arraign this bUl as a gross violation of a sacred pledge ; as a criminal betrayal of sacred rights ; as a part and parcel of an atrocious plot to exclude from a vast unoccu pied region emigrants from the old world and free laborers from our own States, and convert it into a dreary region inhabited by masters and slaves." This was the tone and spirit of the address. It invoked the attention of the Legislatures of the free States and called on the people to meet in primary assembUes and speak their, opmions and wishes in re gard to it. It invited ministers and all classes of people to examine the subject and express their opinions respecting it. It was published in most of the whig papers and in all those which sustained the free democracy of that day. The names of Senators Seward, of New York, and B. F. Wade, of Ohio, were also on the paper ; but those gentlemen preferred not to appear before the pubUc in that way, and erased thefr names before publication. Several members of the House who - had signed the paper, followed the example of the two Senators, and erased thefr names before the address appeared in public* The address was written -with the - intention of calling out an expres sion of the popular mind on the subject. Mr. Douglas appeared to feel the blow ; and when the biU came before the Senate a few days subse quently, he made a personal attack upon the signers, styling them an " aboUtion conclave acting in the dark and governed by feelings of per sonal unkindness." His remarks were somewhat offensive in thefr char acter. Mr. Chase, however, was present and repUed to Mr. Douglas with such force as to give him clearly to understand that in carrying his biU through the Senate he would find argument necessary instead of epi- * There was much said at the time In regard to the authorship of this address. The facts are as follows : Mr. Edward W.^de, of the House, was sitting in the author's room one evening, convei-smg upon the subject of Mr. Douglas' report. It was remarked that Its result would be defeat to the democratic party. Mr. Chase, of the Senate, came In and joined in the conversation. It was agreed by these members that an address to the people ought to be published. Mr. Giddings, regarding Mr. Chase as an accomplished scholar, proposed that he should pen the address. Mr. Chase sug gested that if Mr. Giddings would put his thoughts on paper, he, Mr, Chase, would revise and cor rect them. Mr. Giddings wrote out the address, and placed it In the hands of Mr. Chase, who cor rected and rewrote It. it was then submitted to Mr. Smith, who also made some verbal correc- tldns and submitted it to Mr. Sumner, who also examined and corrected It, and the paper went to press precisely as Mr. Sumner left It and may now be found at length in " Congressional Globe," ToL xxlU., pages 281-2. PEOPLE DENOUNCE THE MEA8UEE. 367 thets and declamation. Mr. Douglas repUed, and instead of maintaining the doctrfries or policy of his biU, reiterated his personal attacks upon the signers of the address. Mr. Sumner rejomed in language of elo quent severity touching the objects and purposes of the MU, which he declared could not be described in language, saying it was " a souUess, eyeless monster, horrid, unshapely and vast." But , the great issue of slavery or freedom in our Territories .jg^^ was now made up and entered upon the record. The leading members of the democratic party had expected it would prostrate the opponents of slavery : whUe the friends of Constitutional freedom ap peared equaUy confident that it would result in the overthrow of the democratic party, and would eventuaUy place the friends of Uberty in possession of the Government. The great prize to be lost or won was nothing more nor less than the primal rights of human nature. Through out the country and in Congress men prepared for the conflict. In the Senate the debate became general and of absorbing interest, and instead of- consolidating political parties, it soon became evident that it was severing poUtical friends. Southern Whigs now united with south ern Democrats in favor of the bUl, and northern Democrats united with Free-soilers in resisting this extension of slavery into territory which had thirty years previously been consecrated to freedom. The debate in the Senate called out the able men of that body. PubUc meetings in the country were held and the people passed resolutions disapprovmg of the attempts to repeal the Missouri restriction. The Legislatures of seve ral States adopted resolutions denouncing sueh repeal. People sent petitions to both Houses of Congress remonstrating against this per fidious violation of pledged faith. Three thousand and fifty minis ters of various religious denominations in New England sent to Con gress their solemn protest against the perpetration of this national crime of extending slavery into territory once made free by the voice of the nation. They protested- against it as a great moral wrong, justly incur ring the righteous judgment ofthe Almighty.* The presentation of this memorial may be said to constitute an era in * The following Is a copy of this solemn protest : '* We, the undersign ed clergymen of diflFerent denominations in New England, hereby, In the name of ALMIGHTY GOD and In HIS presence, do solemnly protest against the passage of what is gene rally known as the Nebraska bill, or any repeal or modification of the existing prohibitions of slavery In -that part of our national domain which it is propos.ed to organise Into the territories of Nebraska and Kansas. " We protest against it as a great nationalwrong, as a breach of faith eminently unjust to the moral principles of the community and BubTersIV9. of aU confidence In national engagements ; a measure /u22 of 'danger to the peace and even to the eaistence of our beloved U-nion, and ex posing us to the righteous judgments of the Almighty." 368 MOEAL ASPECT OF THE CONTEST. the great moral and political revolution which was daily becoming more and more obvious. The protest of these clergymen served to caU public attention to the one point so destructive of slavery, to wit, its crimes. Those ministers evidently hated slavery for its depravity ; and held to the fundamental truth, that the natural law, which they with perfect propriety usually call the wiU of God, had vouch safed to every human soul the right to Uve,'to gain intelligence, and pre pare for heaven ; and this memorial was hailed by the lovers of justice as the harbinger of a corrected pubUc sentiment. •1854 ] '^^^ memorial was presented by Senator Everett, of Massachu setts, and having been read, Mr. Douglas appeared to feel keenly the advantage which this moral view of the question gave his opponents. He assaUed the memorialists, declaring they had foUowed the suggestions of the address of the members of Congress ; denounced them as poU tical preachers ; charged them with ignorance ; said the memorial was ¦ offensive and libellous, and asserted that the signers ought to be rebuked and required to confine themselves to their proper vocation. Mr. Houston, of Texas, defended the memorialists, declaring the right of the clergy to speak their opinions frankly and fearlessly of public men and pubUc measures, and expressed his own approbation of the memorial. Mr. Mason, of Virginia, assaUed the memorialists, denying thefr right to approach Congress as professional men, or to pronounce judgment upon any proceeding of that body, and closed my moving that th^ memorial be not received. Mr. Butler, of South CaroUna, and Mr. Adams, of Mississippi, sus tained the motion of Mr. Mason. Mr. Everett repUed to these assaults upon the clergy. He was a learned man, and an accompUshed speaker ; had served in early Ufe in the House of Representatives, and more recently as mmister at London. He defended the memorialists in kind and gentle language, -which contrasted very distinctly with the violence of Mr. Mason and Mr. Douglas. Mr. Petit, of Indiana, next addressed the Senate. He was a man of more mental strength than mental culture. Long residence upon the frontier of civUization had rendered him somewhat regardless of that refinement of thought and of language which is always desfrable in public men. N6r did the free expression of his thoughts, in the language most natural to him, appear to be restricted by respect for those around him, or for the body of which he was a member. Mr. Seward, of New York, closed the debate by a lucid statement of TOTE OF THE SENATE. 369 facts and arguments, which apparently left no one in dohbt as to the propriety of the memorial, and which he respectfully moved to lay upon the table, and the motion was agreed to. This debate iUustrated the great advantage which the advocates of Uberty and justice always wield over the supporters of slavery, by referring to the moral view of that institution. The bill was brought to' final action in the Senate on the 3d March, and was passed by a vote of 31 to 14, Messrs. BeU, of Tennessee, and Houston, of Texas, voting against it. All the other Senators from slave States voted for it, assisted by Messrs. Brodhead, of Pennsylvania ; Cass and Stuart, of Michigan ; Dodge and Jones, of Iowa ; Douglas, of IlUnois ; Norris, of New Hampshfre ; Petit, of Indiana ; Thompson, of New Jersey ; Toucy, of Connecticut ; WeUer and Gwin, of Califomia. Before the bUl was taken up in the House, a meeting of the ..gj. democratic members was held in the Capitol. Some denounced the poUcy, and others declared their intention to leave the organization rather than participate in the proposed outrage. Some left the party, and never more acted with it ; but the slaveholders were inexorable, and most of the members were constrained to assist in the passage of the bUl. When the bUl was taken froia the Speaker's table, Mr, Cutting, a young member, a Democrat from the city of New York, moved its refer ence to the Committee of the whole House, The motion prevaUed, and it ^as expected at the time that it would defeat the bUl. Mr. Cutting had been known to the public as an able lawyer, and a man of a high order of talents : But loud and deep were the curses heaped upon him by the slaveholders, who viewed his action as exciting an insurrection against- southern influence. A few days after, Mr. Breckinridge, of Kentucky, spoke upon this subject, although the bill. was not before the House for consideration He, too, was a young and talented member. He had been reared in a slaveholding community, and brought with him the " hauteur " of southern life. He spoke of Cutting's motion to .refer the bill with some severity : declared that he had represented himself as a friend of the measure while he had done all in his power to kill the bill : that his course had been like throwing his arm around the neck,- saying, " How is it with thee, my brother ?" while with the other hand he inflicted the fatal stab. Four days afterwards Mr. Cutting repUed to this assault upon his motives by Mr. Breckinridge. Apparently unwilling to submit to the supercilious bearing of his southern confrere, he declared that the' 24 370 MOEAL EFFOETS CONTINUED. Democrats of New York had contributed fifteen hundred dollars to be expended in efforts to procure the election of Breckinridge to Congress. Breckinridge explained, admitting the contribution, but insisting that it was the duty of every member to sustain the Senate's biU. Cutting rejoined, saying his opponent had skulked behind the Senate bill, Breckinridge asked him to withdraw the remark, Cutting.refused, and Breckinridge pronounced it false. Cutting responded, that this was not the place to reply to such language.* This conflict between two able members, each representing a section of the democratic party, was regarded as somewhat ominous of the effect which this measure was to exert upon that organization. More than five hundred clergymen, mostly from IlUnois, transmitted to the Senate a respectful remonstrance against the repeal of the Missouri Compromise. A meeting of clergymen, held in the city of Chicago, where Mr. Douglas resided, adopted resolutions dis- :approving his remarks upon the memorial sent to the Senate by niore than three 4;housand clergymen of New England. These evi dences of dissatisfaction at the great moral outrage about to be perpetrated, gave evident uneasiness to the advocates of the mea sure. Mr. Douglas repUed to the memorial of the western clergy with more severity than Christian forbearance ; and showed very distinctly that he regarded political duties in no way aUied to moral -obligation. -18S4.1 ¦^°'' ^^^^ ^^^ clergy so distinct and lucid in their views as the occasion seemed to demand. They spoke of slavery as a sin, a wrong in general terms, without referring to that consciousness of the right to Ufe and liberty which the Creator breathes into every human soul, and which is the outworkings of His wUl and the evidence of his law. But the influence of the clergy, which had been inactive generaUy, and in some instances exerted for the benefit of slavery, was now exerted for freedom and justice. Sermons were preached demon strating the criminal character of slavery. Many of these were printed and widely distributed, and much information was disseminated among the people on the subject. B ut party discipline was used to counteract their efforts. The democratic organization had been in power at least four-fifths of the time since the election of Jefferson in 1800, and its members believed i± always would * Rumor represented a challenge as being sent to Breckinridge the next day, and a duel was said (to have been arranged ; the matter, however, was In some way settled, but the terms of settlement were not published. At the close of that Oongress, Mr. Cutting retired to private hfe, biit Breckin ridge remained, until. the rebellion, when he joined the rebels, and became a general In the Confe derate service. VOTE OF THE HOUSE. 371 control the Government, .and they were unwilUng to offend its leaders. Adhering democratic members of the House, by frequent consultations,- were finaUy prepared to act unitedly in favor of the Senate biU : and on the 9th May they proceeded by vote to lay aside every biU holding position on the calendar prior to that organizing governments in Kansas aud Nebraska, and when that was reached, Mr. Richardson, of IlUnois, offered the Senate biU as a substitute for that reported by the committee of the House, and the whole subject came legitimately before that body for final action. The proposition excited intense interest, and elicited the best talent of the HousCi Indeed, nearly every member gave utterance to his own views. The leaders of the democratic party found that the subject had got beyond their control. They could not lunit the debate, which appeared interminable, and recourse was had to legislative chicanery. Mr. Stephens, of Georgia, formerly a Whig but now acting with the democratic party, moved to strike out the enacting clause of the bill ? The opponents of the measure, supposing that this motion if carried would defeat the bill, -voted for it. The motion prevailed and the Mil was reported to the House as thus amended ; the previous question was demanded, and the House was thus brought to a direct vote on its passage. All members from the slave States voted for the bUl, as did also Messrs. McDonald, of Maine ; Ingersoll, of Connecticut ; Henn, of Iowa ; Hibbard, of New Hampshire ; Lilley and Vail, of I^ew Jersey ; Clark and Stuart, of Michigan ; Latham and McDougal, of California ; Disney, Greene, Olds, Shannon, and Taylor, of Ohio ; Davis, Dunham, EngUsh, Hendricks, Lane, and MUler, of Indiana ; Brooks, Cutting, Rose, Walbridge, Walker, Walsh, and Westbrook, of New York ; Bridges, Dawson, Eddy, Florence, Jones, Kurtz, McNafr, Parker, Robbins, Wright, and Witte, of Pennsylvania. Thus forty members from the free States voted to repeal the Missouri restriction in order to extend slavery into Kansas,, and Nebraska. Of them it is beUeved that only two, Mr. Brooks, of New York, and Tay lor, of Ohio, claimed affinity with the whig party. The others had acted with the democratic organization. But it should be remarked that southern WhigS and Democrats uniformly acted together on all subjects involving the institution of slavery. "" The bUl was returned to the Senate for concurrence in the amendments. On debating these amendments, the agitating question of slavery in aU its bearings was again discussed ; but in time the amendments were 372 POLITICAL PEOPHESTING. agreed to and the bUl was approved by the President, and became a law, • ; ^, This was Uterally a democratic measure, declared by its advocates to be "necessary to silence agitation and save the Union ;" while its opponents with unhesitating confidence maintained that it would increase agitation and constitute an important step to wards the dissolution of the Union. Events have proven that it was an important incident in " the regime of slavery," The Senate presented an extraordinary spectacle on the morning when the President's message approving the bUl was received,. General Cass, a man of great experience, venerable for his age, arose and proclaimed to the country that peace and harmony would now govern our pubUe councUs, that there would be no more agitation concerning slavery. This was doubtless the real opinion of the leading statesmen of the democratic party ; whUe the entfre history of the Government showed that every act in obedience to slavery had served to increase its demands, and every step taken by the democratic or whig party to save the Union con stituted an important adva/nce towards its dissolution. That the repeal of the Missouri Compromise was tending to a dissolution of the Union became evident soon after its passage. The people of Connecticut felt the severe Jblow which civiUzation received from this extension of slavery. The Legislature of that State being in session, adopted resolutions deprecating the repeal, and declaring their intention of never consenting to the admission of a slave State from the 'territory. These resolutions were presented to the Senate, and soon as they were read, Mr. Cass, who but a few days previously had assured the country that there would be no more " agitation " on the subject of slavery, was the first member of the Senate to become agitated on hearmg them read. He at once arose and in an audible voice and excited manner said, "I hope those resolutions when put into plain EngUsh do not mean another Hartford Convention." This allusion to the convention held at Hartford in 1813, to devise measures to relieve the people of New England from the sufferings which the war had brought upon them, was supposed to have been intentionally offensive to the Representatives of that State ; and Mr. Smith replied, saying, the resolutions contained nothing to provoke the remarks of the Senator from Michigan, who would in due time learn that they not only spoke the sentiment^ of the people of Connecticut but of Michi gan also. PEEPAEATTONS FOE CIVIL WAE.- 373 This prophecy of Mr. Smith called forth a reply from General Cass, in which he asserted the rightful powers of govemments to establish slavery if their people choose, substantiaUy denying that governments are formed to secure the enjoyment of liberty, in any greater degree than to secure the existence of slavery. Soon as this bill had received the Executive sanction, the democratic party prepared for the next step tending to the dissolution of the Union. A plan was adopted for invading the territory with an arnied force, tak ing possession of the ballot boxes on the day of election, in order to estabUsh a slaveholding government. It is unknown to what extent members were involved in this plan for initiating that civU war which has since attracted the attention of the civilised world. Our statements rest upon well estabUshed incidents, explained by those who professed to be famiUar with and were sup posed to understand'the plot. It was known at Washington that Vice- President Atchison left the Presidency of the Senate while that body continued in session ; that he went immediately to western Missouri, was active in instituting what -were called " blue lodges," and in his pubUc conduct exhibited an intense anxiety to induce men to go to Kansas for the purpose of estabUshing a slaveholding government there. His secret consultations before he left, and the persons with whom he consulted, are not so -vjell understood. It was said, however, that the leaders of the democratic party were generally consulted and agreed that force and violence and civil war must be resorted to if neces sary, to establish slavery, and that arrangements were made for the slave States to send men and money to Kansas in order to carry out this plan. Nor were the advocates of free soil idle. The " Emigrant Aid Society " of New England was formed, and assistance was tendered to every man and family who wished to remove to that territory. Funds Were 'raised, and emigrants were on thefr way to that theatre of action soon after the adjournment of Congress. While pubUc attention was thus directed towards Kansas, some three or four thousand citizens of Massachusetts sent to the Senate a petition asking the repeal of the fugitive slave act. It was respectful in lau guage and unexceptional in its tone and spirit. Senator Rockwell, who presented it, remarked upon the cfrcumstances under which the fugi tive act had been passed, and the feelings which it had excited. He also stated that the peace and quietude of the country demanded its repeal. 374 SPMNEE AND BUTLEE. 1854 1 ^^- Jones, of Tennessee, who had once acted with the Whigs, appeared desirous of avowing his unquaUfied allegiance to slavery ; and somewhat arrogantly declared that all who opposed the fugitive act were opposed to the Constitution. , Senator Sumner, hearing his people thus assailed, repUed to Mr. Jones with great energy of thought and of language . He had regarded the fugitive slave act with abhorrence from its first introduction, and now felt aU the stfrring emotions necessary to arouse his intellectual powers. He hurled back the charge that those opposed to the fugitive act were opposed to the Constitution ; and with the force of obvious truth showed that those who voted for that act violated the Constitution, and the rights of human nature, and the civi lization of the age. Mr. Butler, of South Carolina, interrupted him to inqufre if he would arrest a fugitive slave ? Sumner turned partially around, and looking Butler full in the face with a scowl of contempt that was inimitable, and in a tone of voice and manner most withering, replied : " Is thy servant a dog that he should do this thing?" He appeared to be moved from the deepest recesses of his moral nature, and speaking from the hoUest impulses of the heart, he could not faU to impress those who heard him. Butler resumed his seat, apparently regretting that he had propounded the insulting question ; intense sUence per vaded the Senate chamber, and the whole scene was one not easily forgotten. The friends of freedom in Congress were also greatly encom-aged by the presence, the aid, and assistance of Hon. Gerrit Smith, a repre sentative from central New York. He was a man of great wealth, and had long been distinguished as a leading phUanthropist. He had been well educated and was regarded as possessing a high order of talents. At his first advent to the House he led off in the debate upon that part of the President's message which related to the seizure of " Martm Costa " on board an American vessel lying in a neutral port, showing himself well versed in international law. His whole energies were devoted to the cause of justice and liberty. The Administration having been brought mto power by aid of slaveholding influence, appeared anxious to subserve the interest of the " pecuUar institution." In the month of February a steamer called the " Black Hawk " cleared from MobUe for New York by way of Havana, and arriving at that port, was reported by the captain as in ballast, while she really had some five hundred bales of cotton on board that were not mentioned in her manifest. These facts becoming known to the proper officers, the steamer was seized and held for trial. It was gene- EFFOETS TO CEBATE A WAE WITH SPAIN. 375 rally understood that the democratic party were anxious to obtain Cuba, though at that time no open avowal of the fact had been an nounced ; yet it was supposed that the leaders of the party would gladly welcome a war with Spain in order to obtain that island. On the 10th March, Mr. PhUlips, of Alabama, said he desfred to pre sent a resolution upon a grave and important matter, involving the in terest of his constituents and the honor of the nation. He then pre sented a resolution caUing upon the President to communicate to the House such information as he might deem proper in relation to the seizure of the ship "Black Hawk," and the confiscation of her cargo. The resolution was adopted without objection, and a few days sub sequently the President sent to the House full information on that sub ject ; and said that " other acts of aggression upon our commerce had been perpetrated by her CathoUc Majesty for which reparation had been delayed in a very unreasonable manner. That the Cuban authori ties were wanton in their aggressions, while Spain delayed or refused indemnity ;" and referring to the situation of Cuba, her proximity to our coast, said, " it would be in vain to suppose that she could adopt a policy unfriendly to our commerce and ' other interests,' without exciting the most intense feelings of our people ;" and closed by declaring that he should " feel disposed to carry out any measures which Congress might see fit to adopt *in relation to the matter." The message was clearly a recommendation of war, the object of which was to obtain Cuba. Its tone, and language, and reference to other interests, meaning the interests of slavery, could leave no doubt as to the intention of the President. The message being read, Mr. Bayly, of Vfrginia, chafrman of the Committee on Foreign Affairs, expressed his admiration of the manner in which the subject had been treated, and moved its reference to the committee of which he was chairman. The motion was carried, and thus far all seemed to favor the objects of the slaveholders. The next morning the writer moved a reconsideration of the vote referring the message, and in a speech of an hour's length, exposed the designs of the President and party for getting up another war for the extension of slavery, referred to the war -with Mexico for that purpose, and the defeat of its objects in part, and assured the friends of the war now proposed that if Cuba was obtained, it would be made free before it would be admitted as a State to our Federal Union. Mr. Bayly replied, but denied none. of the objects imputed to the President and his party ; yet this timely exposure, together with the existing difficulties in 376 NEGEOES AND DEMOCEATS COMPAEED. regard to Kansas, probably prevented further efforts to produce a war with Spain, for the increase of the slave power.* 1864.1 During this session northern servUity was stiU further ex hibited. The bUl granting homesteads to actual settlers on the public lands was under consideration, when Mr. Wright, of Pennsyl vania, moved an amendment luniting its benefits to the white people, and made a speech in favor of excluding blacks. A FrCe-soUer moved a modification of the amendment, permitting all persons "more than half white" to participate in the benefits of the law. The mover proceeded to deprecate the policy of excluding the descendants of Mr. Jefferson, and of- Martha Washington, who were well known throughout the country to be more than half white, although held in bondage. He declared that he had no intention to interfere in the quarrel which was evidently going on between the democratic party and the negroes ; as to which possessed the best native talent : But it was well known that a few years before the House had been engaged in estimating the value of a black man who read and spoke four languages with facility ; and he doubted -whether the gentleman from Pennsylvania was able to give such an exhibition of literature ; yet by this comparison of the two gentlemen he intended no , offence to the negro. The burst of laughter which followed appeared to make a more serious impression upon • slaveholding members than the most profound argument. They seemed to feel, for the first time, that they were likely to become the subjects of contempt. For years the advocates of slavery assailed the personal character of all who devoted their energies to the support of truth and justice. During the session of Congress now urider consideration they invaded the sanctuary of the departed, and assaUed the memory of Mr. Adams. His friends, however, met these attempts to disparage the character of the Ulustrious dead, and vindicated the fair fame of the " old man elo quent," as may be seen by reference to the report of congressional debates in April, 1854. The fugitive slave act had now been in force three years, and was far more unpopular than when first enacted. Yet the friends of that measure were stUl desirous of enforcing it in Boston. A fugitive, named Sims, from Georgia, was arrested in that city and imprisoned iu the Court house, and a force of armed men were left to guard him. These men were generally of that base character, who, having stifled the natural * Jefferson Davl?, at that time Secretary of War, In a public speech, while visiting Mississippi, stated that the President did everything incumbent on him to produce a war with Spain ; but de clared that Congress did not sustain his efforts. A FUGITIVE SLAVE CASE. 377 sympathies of the human soul, were anxious to maintain the influence of the political party to which they were attached by dooming a fellow- being to degrading bondage. A few friends of Uberty felt that thefr city was again disgraced by a barbarism unsuited to the age, or to any Christian community, and anxious to maintain the reputation of thefr ancient commonwealth, collected together and proceeded to break the door of the Courthouse in which Sims was imprisoned. A deputy marshal, -with his assistant slave-catchers who were in the house, met those who were endeavoring to enter. Shots were exchanged, and for an instant there was the clash of arms ; but as one of tbe guard fell, those who were outside, as if conscious of the responsibUity which they incurred, fled amid the darkness of the night without being recognized. After they left it was found that one of the guard, named " Batchelder," had been struck by some sharp-pointed instrument ; the femoral artery had been pierced, and he died immediately. The feelhigs of the people -were greatly excited. The man had fallen whUe assisting to rob his feUow-man of liberty, which all regarded as far dearer than Ufe, and no one doubted that he had received retributive justice at the hands of the assaUants. The United States troops were at once caUed from the fortifi- ,^^^ cations around Boston, and placed on guard. The Courthouse was surrounded by chains. The victim was kept in an upper room, which could only be approached through files of armed troops. A Com missioner, named Loring, sat in judgment upon Sims' right to life and Uberty. The fugitive was ably defended by Mr. Dana, one of the most distmguished la-wyers of Boston. The trial lasted several days. It was, however, a mere formality. At length Loring, the Commissioner, decided that Suns did not hold his life and liberty at the wUl of the Creator, but at the wiU of his master, and a decree for his deUvery was entered. The victim was taken to the wharf, surrounded by a strong guard of soldiers, who, by thefr bayonets, _ held the indignant people at bay. Having reached the wharf he was placed on board a steamer, which instantly left the shore, amid the tolling of bells ; whUe the flags in the city and on board the ships in the harbor were raised at half-mast, as an evidence of sympathy for a feUow-being who was thus consigned to a moral grave. The expense of sendin'r this man to servitude was borne by the United States, and was estimated at $30,000, beside the Ufe of Batchelder. The resistance which caused the death of Batchelder imparted to the transaction a serious importance. l.Mit the President now issued no proclamation, nor did the Secretary of War or of the Navy issue General •" 378 EFFORTS TO PENSION A SLAVE-CATCHEES WIDOW. Orders, as had been done when Shadrach escaped. The victim had been secured and sent to slavery, whUe the transaction had awakened a resistance to the fugitive act that was deep and abiding m the hearts of the people. In the House of Representatives, Mr. Faulkner, of Vfrginia, chairman of the Committee on MiUtary Affafrs, moved to suspend the rales, in order to introduce a bUl giving the widow of Batchelder a pension ; but Messrs. Dean, of New York, and Jones, of Tennessee, Democrats, objected ; while Mr. Giddings, of Ohio, was in favor of suspending the •rules, provided the biU should be subjected to debate ; but the House refused to suspend the rules. Indeed, so timid were northern Democrats that very few of them voted with the slaveholders on that occasion.* In the Senate, however, the bUl was referred, and Messrs. Clay, of Alabama ; WiUiams, of New Hampshire, and Jones, of Iowa., reported it back to the Senate recommendfrig its passage ; while Senators Sumner and Seward made an able report against it. The bill passed by a vote of 31 to 12, and was sent to the House for concurrence, but was never taken up in that body. The State of Rhode Island, through her Legislature, protested agamst the extension of slavery, urged upon Congress the propriety of granting to fugitives the right bf trial by jury, and approved the course of those members of Congress who resisted the repeal' of tbe Missouri Com promise. These proceedings were transmitted to Congress and presented in the Senate. ^yg^ , At the reassembling of the thfrty- third Congress, after the summer recess, it was believed that the subject of slavery would not disturb its deliberations, as the session would continue only ninety days. But an attempt to enlarge the powers of the Mayor and Aldermen of Washington City brought before Congress the barbarous practice of imprisoning freemen and seUing them for the fees, and an animated debate arose upon it. Many petitions were also presented for the repeal of the fugitive slave act and against permitting slavery to exist in any territory of the United States. But the progress of freedom was more strikingly evinced by resolu tions adopted by the State of Michigan, declaring that slavery was a moral, social and ixilitical evil ; that its introduction into Kansas was violative of a solemn compact and of the Constitution, and was directly tending to a disruption ofthe Union. They asserted that the people of * Mr. Faulkner, at the time of recording these Incidents (1863), was an adjutant general in the Confederate army. MICHIGAN EEGENEEATED. 379 Michigan were opposed to the extension of slavery, in favor of its entfre aboUtion in the District of Columbia and of repeaUng the fugitive slave act. Michigan had from its organization been a democratic State, and General Cass had ever been sustained as a faithful representative of thefr principles. He had publicly declared that, when he ceased to represent their views, he would resign his seat in the Senate. He had voted for the fugitive act and for the- act admitting Kansas and Nebraska to establish slavery m those territories. He had long been a leader in the democratic party, and at one time its candidate for the Presidency. • He had grown old in the pubUc service, had to the utmost of his power opposed the progress of that reformation to which he was about to fall a victim. He now saw clearly the sentence of separation from those who had long stood by him and sustained him m public Ufe, and as the aged statesman, with more than usual solemnity, announced to the Senate and country the change of pubUc opinion which was to consign him to private Ufe, he exhibited much emotion, and the audience listened to hhn with interest and with sympathy.* His colleague, Mr. Stuart, a younger man, but a Democrat, who had sustained the slave power -with fideUty, also spoke on the subject, acknowledging the change of opinion that had been wrought in his State.f This conversion of a strongly democratic State, in direct oppo- .^^^^ sition to their Senators, their Representatives and pubUc men, was regarded by the reformers with great pleasure. It appeared ominous of the approaching dissolution of that party ; for all men of all parties were conscious that, whenever the sceptre of power should depart from the slave States, the democratic organization would disband. The Free-soUers, however, maintained the policy adopted by Mr. Adams, of adhering to the fundamental doctrines of our Govern ment. Every speech, resolution and biU which they presented had 1 * General Cass first went to Jlichlgan In 1812, as a colonel commanding a regiment of twelve months' volunteers from Ohio, and the writer, at that time a boy of sixteen, served in the militia of that State. From the close of the war until the breaking out of the great rebellion in 1861 they were personally friendly, but very decidedly opposed In politics. On the breaking out of the rebellion General Cass abandoned the democratic organization, and when In 1862 the author called on him at his residence in Detroit, they found themselves again in perfect political harmony when the Government was In danger, although separated during half a century of peace. t Michigan remained true to'her principles. "When in 1861, Ohio, New Tork and Pennsylvania voluntarily surrendered the republican organization, and abandoned the doctrines which had been proclaimed in 1856, for the purpose of uniting with a portion of the Democrats, Michigan refused to join In that political suicide, bjit continued firmly adhering to the doctrines which her people loved. And in 1863, when Ohio and New York were carried by the democratic party, Michigan maintained her Integrity and retained her faithful Republicans In ofldce. 380 FUETHEE C0EEUPTI0N8. dfrect reference to the doctrines proclaimed in the Declaration of Inde- 'pendence. They saw the people had been misled by pubUc men, who taught them to believe it thefr duty to maintain slavery and the slave trade in the District of Columbia, upon the high' seas and in our Territories, and that Congress had authority and was bound to legislate for the capture and return of fugitive slaves. In short, the whole theory of the Free-soUers consisted in acting honestly towards the people, towards themselves and thefr country : And they regarded the conver sion of New Hampshire and Michigan as important fruits of their long and arduous labors. True, many of their own friends had fallen in the frequent personal assaults of the slave power, and their ranks appeared thinned at times, but. they were soon fiUed again. But the arrogance of the slave power knew no bounds. Its advocates had proclaimed tbe compromise measures of 1850 to be a final settle ment of the slave question, and many Of its statesmen had pledged them selves to sustain no man for office who should agitate tbe subject of slavery : Yet the men who thus deprecated agitation brought for ward and maintained the repeal of the Missouri restriction, and now demanded that Congress should add three and a half mUUons of dol lars to the bonus granted to Texas by the compromise which was said to be final. Speculators, stock-jobbers and lobby members became soUcitous for a further donation to Texas. On this subject ladies were employed : wives of Congressmen put forth thefr smUes and bland ishments to induce members to vote for this proposition, than which nothing could be more corrupt. But leading statesmen of the whig and democratic parties held that injustice and corruption were necessary. to snstam the Union, and this bUl soon became a law, and the people of the free States were again taxed to purchase the loyalty of Texan slave holders and save a union with that State which had been purchased at an immense cost of blood and treasure. 1855.] ^^^''^ ^^^ ^^°^^ °f Mr. FUlmore's administration our Govern ment entered into a convention with that of England for sub mitting all disputed clauns- existing between the two Governments to arbitrators, and in case of their disagreement an umpire was to be selected. To them the claun of our Government for tbe loss of slaves on board the " Creole," the " Enterprise " and the " Hermora " was submitted. The two arbitrators disagreed, and the umpire, upon the authority of Mr. Webster and Mr. Calhoun, decided that tbe British Government was bound by the laws of nations to pay for the slaves lost on board those ships. Thus did the resolutions of Mr. Calhoun, for which Mr. Webster nor any northern Whig dared vote, in the short THE SLAVE TEADE SUPPOETED. 381, space of twelve years become a part of tbe international law controlUng the Governments of England, and the United States. These two nations now united in sustaining a traffic in slaves which in 1814 they pledged themselves to abolish. Thus did the British and 'American Governments yield to the slave interest ; and mstead of executmg justice upon the piratical slavedealers, actuaUy paid them money as a compensation for their misfortunes whUe speculating in the bodies of men aud women : They united in acknowledging the supremacy of the slave interest, and thus stimulated southern statesmen to regard the cotton-growing interes,t of the South as the controUing element among civUized nations. 382 FOEMATION OF THE " KNOW NOTHING" PAETT. CHAPTER XXVI. STATE OF POLITICAL PARTIES CONTEST FOR SPEAKER COMMENCEMENT OF HOSTILITIES IN KANSAS — OUTRAGE UPON THE PERSON OP SENATOR SUM NER FORMATION OP THE REPUBLICAN PAETT ITS PRINCIPLES — PRESIDENT PIERCe's LAST MESSAGE THE SLAVE TRADE REPUDIATED. j^ggg , The free-soil party was now rapidly increasing in numbers and influence. The whig organization had disbanded : Yet its leaders had too much pride of opinion to admit that the anti-slavery men were right in their policy or in their construction of the Constitution. Indeed, thefr prejudices were too strong to permit them to join any other exist ing organization. They therefore instituted a new party caUed the " Know Nothings " or " American party." Thefr leading policy was the exclusion of foreigners from office. In fact, the real point at which they aimed was the election of themselves to office. It was a secret society, known to each other by signs, grips and pass-words. It increased rapidly in numbers, and in the autumn of 1844 they elected a large majority of officers in all of the free States. This, success brought many to their ranks, and aspiring members appeared to think that the only road to political preferment lay through the nocturnal councUs of this new party.* The effect of their success became apparent at the assembUng of the thirty-fourth Congress. It had placed tbe democratic party in a very decided minority in the House of Representatives. The demoralization of the whig and democratic parties now stood acknowledged by the country. Thefr disruption was admitted to have risen from thefr devotion to slavery. While one of the instrumentalities for effecting their overthrow was the ".American" or " Know Nothing " organization: And the Free-soilers or RepubUcans were placed in a most critical position. Their difficulty arose from the determination of aspfring poUticians to give aU infiuence into the hands of the organization which had recently sprang up. Members of this new party were at the city of Washington son^p weeks before the assembling of Congress, making such political arrange ments as they regarded necessary to secure the success for the " Know * Their lodges were said to be held In dark rooms and always In the night. MEETING OF CONFLICTING ELEMENTS. 383 Nothings :" But aU were conscious that ^either they nor the Free-soUers could succeed except by uniting with each other. On Thursday evening, before the commencement of the session, notice was given that a meetmg of members would be held at the "repub Ucan rooms, qn Friday, at 10 o'clock a.m., for consultation." At this meeting only about twenty-five RepubUcans assembled. These were mostly new members, and appeared exceedingly timid. However, there were several "Know Nothings" present, who assured the meet uig that whatever the Free-soUers or Republicans might do the " Know Nothings " would nominate a Speaker at thefr lodge that evening or the next. To this it was repUed that they could not expect a nomina tion made in secret lodge would be supported by those not admitted to participate in making it. When the RepubUcans collected at evening there were about forty present, with a number of " ^now Nothings," and a debate upon the comparative merits ofthe two .organizations opposed to the common enemy was fairly opened and occupied that evening and most of the next day. But late in tbe day a resolution was introduced pledging the members to vot^e for any man on whom a majority of the members should unite, provided he stood pledged by his past Ufe or present declarations so to arrange the committees of the House as to- give respectful answers to petitions concerning slavery. This resolution was adopted by a unanimous vote of more than seventy members. But the leading members of the " Know Nothings " did not appear at any of the caucuses.* It was in this unorganized form that members opposed to the exten. sion of slavery met thefr associates on Monday in the Hall of Repre sentatives, to enter upon a contest unegualled in the previous history of our Government. The House consisted of two hundred and thirty-four members — two hundred and twenty-five of whom answered to their names at the first caUing of tbe roU. The first business in order was the election of a Speaker : And the baUots being counted, it was found that William A. Richardson, the de mocratic candidate, had 14 votes ; Lewis D. CampbeU, of Ohio, the " Know Nothing " candidate, had 53 votes ; Hupiphrey MarshaU, of Ken- * The resolution was drawn and introduced by the author, and was in the following form : — " Hesolved, That we wIU support no man for the office of Speaker who Is not pledged to carry out the parliamentary law by giving to each proposed measure ordered by the House a majority of such special committee, and to organize the standing committees of the House by placing on each a majority of the friends of freeiiom who shaU be favprable to making reports on all petitions com mitted to them." 384: THE STEUGGLE CONTINUED. tucky, the southern Know Nothuig candidate, 30 votes ; Nathaniel P. Banks, of Massachusetts, was supported by those Free-soUers or RepubU cans who refused to support any man placed in nomination by the Know Nothings ; and Hfram M. FuUer, of Pennsylvania, received the votes of 11 members of the Know Nothing party who refused to support any other candidate. There were several other baUots cast during the day, with little change. The voting continued on the second, thfrd, fourth aud fifth days, without material change, except that Mr. CampbeU's vote rose on one occasion as high as seventy-five. After tbe result of the twenty-third ballot was announced, Mr. Camp bell withdrew his name from the list of candidates. On the withdrawal of Mr. Campbell, Mr. Banks' vote rose regularly untu the 15th December, when it reached 101. In this protracted contest Mr. Fuller, of Pennsylvama, was sustamed by about seventeen northern Know Nothmgs, and Humphrey MarshaU by an equal number of that order frdm the South. These gentlemen and their supporters frequently united, when thefr joint vote would rise to the number of thirty or forty. Other individuals, acting -with the Republicans generaUy, manifested a strong disposition to defeat the can didate for whom they were voting. The House continued to vote pretty steadily untU the fifty-ninth bal lot had been cast, when Mr. Hickman, of Pennsylvania, a Democrat, who had steadily voted with the democratic party, offered a resolution declaring that after one more ballot, the candidate having the lowest number of votes should be dropped at each voting until but two candi dates remained, and the one having the highest number of votes should be declared elected. On this resolution a debate arose which continued for several days, with occasional interruptions for the purpose of ta/king a vote. Mr. Broome, of Philadelphia, proposed to refer the questions which separated the poUtical parties to the Supreme Com-t. Little reply to this proposition was made, except by general laughter. On tbe 19th December, the baUot showed Mr. Banks to have 106, and Mr. Richardson 15. Messrs. MarshaU and Fuller, with thefr adhe rents, continuing to vote by themselves. During tbe debates the RepubUcans were constantly assaUed, and as the writer was the oldest member of that party, he felt constrained to vindicate thefr cause. He assured the Democrats and " Know Nothings" that the Republicans must soon come into power: And when once in power they would not permit southern members to dissolve the Union. This seemed to arouse much angry feeling. Mr. McMuUen, of Virginia, re- FIKST PUBLIC ANNOUNCEMENT OF SECESSION. 385 plied with much spirit, declaring that whenever a northern President should be dected the South would dissolve the Union. This is believed to be the first distinct enunciation in Congress that the Union was to be dis solved upon the election of a northern President. Northern Democrats appeared mortified at the imprudence of Mr. McMuUen. Mr. Banks, in a public speech made some two years previously in Maine, had said, that if we were to extend slavery or dissolve the Union, he would say, "Let the Union slide." This saying was now seized upon by southern men as an insuperable objection to Mr. Banks' elec tion : WbUe, at the same time, Mr. Brooks, of South Carolina, assured the House and the country that unless slavery were extended he desired to see the Union slide. Members appeared by common consent to enter upon a general debate, which was suspended on the 24th so long as to take a baUot, which showed no substantial change in the parties. On the 21thi four ballots were taken with a simUar result. The newspapers showed that some excitement existed in the country. The Conservatives were pained at seeing representatives from the free States so regardless of the Union as to resist the South with such per tinacity. Northern Democrats and many " Know Nothings" insisted that the Union would be dissolved unless members consented to elect a Demo crat who was known to sustain " southern interests ;" a term synony mous with slavery. But the advocates of the Constitution repUed, we wiU vote for no man who by his past Ufe or present professions is not pledged to " sus tain the constitutional right of petition:" They had laid -down a mle without reference to parties or to indi-riduals. It was so plain that no man dared deny its propriety : and they declared that " the constitu tional rights of the States must and should be preserved whether the Union continued or not." This doctrine, so entfrely at war with the ruling motto of the old parties, had not been previously asserted ; nor did the people appear to comprehend its importance. Indeed, many members of Congress drew no distinction between maintairfing the Union of all the States, and maintaining the Constitution over so many States as were satisfied with the Constitution. But it now became evident that individuals caUing themselves " Know Nothings," but acting with RepubUcans, were seeking the defeat of Mr. Banks. Thus, Mr. CampbeU, of Ohio, who had received seventy-four votes for Speaker, presented a resolution declaring that Mr. Orr, of South CaroUna, should assume the chair, and act as Speaker untU such ofiicer were regularly elected. Mr. CampbeU was said tv be in daUy eou" 386 THE PEESIDENT SENDS MESSAGE TO CONGEESS. sul tation with Mr. Marshall, of Kentucky, who was steadUy endeavoring to defeat the election of Mr. Banks. He had been a Whig, and his avowed object -w^s to unite aU parties in order to defeat the Democrats ; but with out pledging those who should defeat that party to any particular prin ciple or definite policy.* But Mr. CampbeU's proposition was rejected, and by presenting it he lost the confidence of most of the members who had previously voted for him. On the 28th December tbe balloting was resumed, and continued through that and the following day -without material change of parties, and debate was again renewed. Southern members became grossly per sonal in their remarks, constantly threatening to dissolve the Union un less northern members ceased to press the subject of slavery upon the .consideration of tbe people. Others attempted to ridicule northern mem^ bers for attempting to organize the House in opposition to the demo cratic party. These superciUous pretensions served to unite republican members more strongly, while it placed the supporters of Mr. FuUer and Mr. Marshall in no very enviable position. Mr. Pennington, of New Jersey, was also a candidate, and many excel lent members desired to support him. They had voted for Mr. Banks a long time, and desired to bring Mr. Pennington forward as tbe candidate of the Republicans. But the more experienced members united in saying that any change of candidates would prove fatal, unless tbe man brought forward could receive the entire vote then being given to Mr. Banks. Others declared they would not change nnder any circumstances ; and the difficulty which the Republicans had to contend with consisted in harmonizing their party. That was only effected by adhering to the principles adopted at the commencement ; and asserting their object was not the success of any man or any party, but to mafritain the Con stitution. The President of the United States sent his annual message to the Senate on the 31st December, and his private secretary appeared at the entrance of the House of Representatives and announced that he had brought with him the annual message of the President, to be presented to that body. Aware that this was intended to exert an influence against the Repub licans, the author at orice objected to receiving it, as it was an attempt to introduce a new practice — for up to that time no President had ever presumed to thrust his message upon an unorganized body — and that it * At this time, 1868, Mr. Marshall Is serving as a brigadier-general in the Confederate army, and Mr. Campbell is serving as a colonel in the army of the United States. PEEPAEATIONS FOE A PEOLONGED CONTEST. 387 could not eonstitutionaUy be received by members untU a Speaker were elected. But a majority voted to receive it. The next attempt was to read it to the House ; but it was again objected that it was not ad dressed to members in thefr disorganized condition, but was addressed to the Senate and House of Representatives, which had not then been organized. This objection was sustained, and although they had re ceived the message, they refused to read it. The new year found the House unorganized, with the Presi- ' ^gsg. dent's message lying upon the Clerk's desk unopened and unread. One baUot was taken. A motion was next made to take up and read the President's message ; but, after debate, the motion was laid on the table. Members now began to make arrangements for continuing tbe contest" indefinitely. Most of them had expected to draw thefr mUeage to de fray their current expenses ; but being unable to do that until the House were organized, found themselves out of funds. In rdany repubUcan districts the people met in pubUc conventions and passed resolutions ap proving the action of thefr Representatives, made provisions for thefr members to draw on thefr local banks for such funds as they deemed necessary for defraying expenses at Washhigton. To meet these ex penses, some State Legislatures made appropriations from thefr State funds.* Soon as the repubUcan party became consolidated, its members became more confident. Those of greatest experience assured their friends that as the President, officers of government, and the army and navy must go without pay untU the House should be organized, the pressure would soon be so great upon the democratic party that they would be com peUed to submit to the election of a repubUcan Speaker. Some State Legislatures passed resolutions sustaining the action of thefr Representatives, declaring the issue involved to be the extension or non-extension of slavery. Indeed, the entire debate turned npon ques tions touching that institution. The several candidates were interro gated upon the subject of slavery ; but Mr. Banks was the only one who avowed his concurrence in the doctrines of the Declaration of In dependence. * Mr. Richardson, the democratic candidate for Speaker, had been acquainted with the writer for some years, and, coming to his seat, suggested the absolute necessity of some compromise. The writer spoke with some degree of determination, declaring that he h.ated the v&ry term com promise, as it always meant some further surrender of northem rights and interests. " But," said Mr. Richardson, "how long do you expect to keep up this contest?" " Until the ith March, 1837," said the writer. Richardson appeared astonished, and saying — " Tou be d — d f" walked away. 388 EESOLUTION TO CLOSE THE STEUGGLE. The debate and baUotings continued without any material change or incident until the 25th January, when the President sent another mes sage having relation to public affairs in Kansas. The members generally feeUng some curiosity to hear what the President had to say in relation to that territory, ordered the message read, and then very quietly re sumed the discussion. On the 29th Janua,ry several propositions were made for an immediate orgamzation. They were rejected, but by such smaU majorities as to indicate an organization at no very distant period ; and the RepubUcans now felt one, and only one doubt in regard to success. The southern " Know Nothings" had been Whigs, and bitterly hated the Democrats ; and the question now presented was, whether they would unite with thefr old enemies rather than see a repubUcan Speaker elected. On the 3d February a resolution was presented, declaring that three more ballots should be taken, and if no election were had, the candidate having the highest number of votes on the 4th ballot should be declared Speaker. Soon after this vote was announced the House adjourned. Members now felt that the contest was drawing to a close. The next morning, reports from members showed that every Repub Ucan stood firm, and that the " Know Nothings " had pledged themselves to vote only for their candidate ; the assurance of success appeared to pervade every mind. All were solemn, and appeared conscious that the action of that day was to tell upon our national character in coming time. Mr. Aiken, of South Carolina, was announced as the democratic can didate. And the first ballot, under the resolution, showed little change of parties. Banks received 102 votes ; Aiken, 92 ; FuUer, 13 ; Camp beU, 4 ; and WeUs, 2. By this time the spacious gaUeries were fiUed with eager spectators, the lobbies and passages were crowded by men and ladies anxious for the result. The next ballot was taken without any change of parties. A motion was made to adjourn, but it was voted down by 159 to 52. Mr. Fuller announced that he was no longer a candidate. Tbe result now appeared to be anticipated by aU, and as the Clerk commenced call ing the roll of members for the final vote, there appeared to be tbe most intense interest felt on aU sides of the House. As Mr. Barclay's name was caUed, he arose and declared that he wanted further information as to Mr. Aikin's views in regard to the " American, or Know Nothing organization." The inquiry gave rise to a colloquial debate, which lasted for an hour, detracting somewhat from the dignity of the occasion. Confusion now reigned in various parts of the haU ; crimination and re crimination was heard ; and members were seen standing np talking to THE FINAL EE8ULT. 389 each other in great excitement as the Clerk proceeded in caUing the roU. Various propositions were suggested, but the Clerk declaring all motions out of order, proceeded to caU the names and record the votes of all the members. When the roll had, been called through, there was so much confusion that it was difficult for any one to be heard. But the clerks and teUers proceeded in thefr duties, and when the count was completed, Mr. Benson, of Maine — one of the teUers — rose, and in a loud voice proclaimed that " On the* one hundred and thfrty-thfrd ballot Nathaniel P. Banks had received one h-wndred and three votes; Mr. Aikin had received one hundred votes ; Mr. Fuller had received six votes ; and Mr. CampbeU had received four votes. That Mr. Banks having reeeived the highest number of votes on this ballot, was declared duly elected Speaker of the thirty-fourth Congress." At this announcement the spectators in tbe gaUeries broke forth in wUd excitement. Cheer after cheer went up, amid . the waving of hand kerchiefs and demonstrations o# umestrained exultation, which were re sponded to by hisses from the Administration side of the House. Some feeble opposition was made to Mr. Banks assuming the duties of the chair, when a resolution declaring him Speaker was offered aud adopted by a large majority. This was in accordance with tbe prece dent established in 1849, and rendered the election constitutional. When .this resolution had been adopted, the Clerk, Mr. Forney, a Democrat of PhUadelphia, caUed on Mr. Aikin, of South Carolina, Mr. Fuller, of Pennsylvania, and Mr. Campbell, of Ohio, to conduct the Speaker to the chafr. This being done — Mr. Banks delivered an appropriate address, and the Clerk called on the writer, being the oldest member of the House, to admmister tbe oath of office. He walked into the open area in front of the Speaker's chair, and, taking a position some thfrty feet ft-om him, desfred that officer to raise his right hand, which he did, and the oath was admin istered in a loud voice, according to tbe form practised in New England from the time of the Pilgrims. Thus closed this remarkable conflict, after a struggle of nine weeks. In this contest the most discordant elements were brought to the support of prmciple, and the power of truth in political contests was very fully and beautifuUy iUustrated.* * -When the writer, possessing a large physical frame and whitened hah-, walked out to the front of the Speaker to administer the oath, the audience at once recognized him as having labored long and steadily In the cause of human freedom, and another cheer was given for this result of his laboi-s. This form of administering the oath had never been adopted on any former occasion, and It was regarded with so much interest that the papers of the next morning described, the Incident, and gave a verbatim report of the language used on the occasion. 390 MILITAET INVASION OF KANSAS. The effect of this victory was felt through tbe country. Men now saw the moral influence which a few individuals devoted to truth and freedom had been able to exert upon Congress. Sixteen years before this occurrence Mr. Adams and the author of these sketches were tbe only representatives in Congress of the doctrines now sup ported by a majority of the House. Tbe slaveholders and those who sympathized with them appeared to realize that political power was gradually escaping from their grasp, and that tbe day was rapidly approaching when the people would resume control of the Government and wield it for thefr own benefit. Slavery and freedom had met in open conflict, and truth had again prevailed. From the hour that slavery had been rejected from CaU fornia, defeat and disaster had attended the advocates of the institution. On Monday, 5tb February, tbe House proceeded to read the Presi dent's message, and having completed its organization, commenced the ordinary business of legislation. But now the difficulties in Kansas attracted public attention. Many emigrants from New England had settled in that territory and constituted almost its entfre resident population. The -people of Missouri and the other slave States had not been idle. They could not send emigrants to cultivate its soO, but they prepared to enter the territory with an armed force and to estabUsh the institution of slavery by mUitary power. Accordingly, on the day appointed by the Governor for electing mem bers of the General Assembly, and on the previous day, citizens from Missouri with arms and banners entered the territory, took possession of the ballot-boxes, drove the resident citizens from the polls, and pro claimed their companions members of the Legislature. These men professing^ to have been elected, assembled and enacted a slave cOde for Kansas, which in point of barbarity had seldom been equaUed since the darker ages had passed away. Tbe resident citizens were unwiUing to recognize either the legislators or the slave-sustaining enactments which they had passed. The people of the free States in the meantime sent arms and ammunition to their friends in Kansas to enable them to protect them selves against the invaders, who were now endeavoring to establish slavery by force of arms. The citizens of slave States also sent men and arms to reenforce the harbingers of slavery. MiUtary parades, driUs, and camp equipage became common. Skir mishes were fought, victories were won and lost, men were slain, prisoners were captured, and civil war with all its ordinary incidents ex isted in that territory. The President espoused the cause of the slave- the PEESIDENT SUSTAINS THB INSUEGENT8. , .391 holders, and sent troops of the United States to maintain the curse of human bondage and enforce the worse than Draconian code enacted by adherents of slavery from slave States. The Senate called on the President by resolution to communicate to Congress such information as he might possess in relation to the difficul ties existing in Kansas. He replied by message on the 14th February, and in it he assaUed the societies and men of the free States who had assisted emigrants to the territory as "promoters of civil war,'' and mUdly censured the invaders who had entered the territory with an armed force and usurped the govemment ; but in the most emphatic terms denounced as " insurgents " those who refused to obey the enactments of their invaders. He referred to those who favored the formation of ti free State, and to those who sympathized with them, as " enemies of tbe Government " and " violators of tbe Constitution," and those who op posed the extension of slavery he characterized as " agitators seeking to overthrow the Government and institutions of the country.'' This extraordinary state paper did not fail to call forth the deep indignation of those who were endeavoring to maintain the constitutional rights of tbe free as weU as of the slave States. They spoke of the President as the mere instrument, of the slave power, seeking southern favor by treason to the Constitution and to freedom. They placed upon tbe record of debates the fact that he had sent the army of tbe United ¦ States to aid the invaders, and sustain the usurpers of the govern ment in Kansas. In the Senate, Messrs. Hale, Sumner, Seward, WUson, HamUn, Fes-- senden, CoUamer, Foote and Wade, were outspoken and bold in exposing the crimes committed in Kansas by tbe supporters of slavery. ' The transactions in that territory, the attempts of the Executive and his friends to sustain them, atforded an inexhaustible theme for criticism ; and these exposures were the more unwelcome to the slave power in conse quence of the approaching Presidential election, which was to take place before the next meeting of Congress. But tbe Senate debated the message of the President and the report of the committee to whom it was referred, as well as the bill admitting Kansas to the Federal Union as a State. These subjects were discussed until the 8th July, when the Senate passed the biU authorizing the people of "Kansas "to form a State constitution and government." In the House of Representatives the message of the President was examined with less severity. Members of that body appeared to regard the association of the President with the Vice-President, Atchison a;id the border ruffians of Missouri, to be so obvious as to deprive hun of 392 THE PEESIDENT AND HOUSE AT ISSUE. that influence which could alone justify them in commenting upon his conduct. On the 21th February, Mr. Grow, of Pennsylvania, chairman of the Committee on Territories, in the House reported a biU declaring most of the acts passed by the usurpers of Kansas void and securing the peo ple of that territory in the enjoyment of thefr rights. But as there appeared to be doubts thrown around many important facts connected with Kansas, resolutions were introduced authorizing the Speaker to appoint a committee of three members, who should visit tbe territory, take testimony, and report to tbe House facts concerning tbe invasion, the election, and action of the self-styled Legislature. . This so-caUed Legislature of Kansas passed a pretended la^w profes sing to authorize the people to elect a delegate to Congress, and a man holding a certificate of election under these enactments, appeared and demanded admission ; but after a full examination- tbe House declared that tbe self-styled legislators had no authority, that their enactments were void, and that the delegate had no claim to a seat in that body. Thus did the House of Representatives spurn the enactments which tbe President declared valid. The report of the committee sent to Kansas to ascertain facts appear ed to set all cavil at rest ; and the free-State men of the territory and their advocates in Congress and in the States determined to encounter the horrors of civil war rather than submit to this attempt to extend . slavery over Kansas by force of arms. But a difficulty arose in consequence of the uuT^UUngness of the Com mittee on Ways and Means to exercise the legitimate functions which the House possessed. In reporting tbe army appropriations, they placed the whole amount in the hands of tbe President, without restriction, instead of declaring that no part of it should be used to transport troops to Kansas or to sustain them in that territory. Thus did that committee propose to give the President means to carry on the civU war. Older members of the House were dissatisfied with this action of the committee, and when the biU came under debate, Mr. CampbeU, of Ohio, chairman, on being publicly interrogated, reluctantly declared that be would not look at sectional difficulties while legislating for the country. But an amendment was proposed limiting the appropriation so as to re strict the President from using tbe army for tbe subjugation of Kansas. This amendment was adopted, and the bUl passed the House of Repre sentatives ; but the Senate disagreed to this restriction, and the bUl was finally lost on this disagreement. SUMNEe's EEPLT TO BUTLEE. . 393 The feeUng of l^ostiUty which had grown up on the part of the South towards the North, was manifested by the dictatorial bearing of southern members. It had been confirmed and strengthened by yielding up rights and interests on the part of northern members untu slaveholding Representatives regarded themselves as the superiors of those from the free States. They found it unpossible to mamtaui an intellectual superiority whenever northern members boldly con fronted them ; yet Mr. Butler, of South Carolina, a man usuaUy of, gentle demeanor, was quite impatient of opposition upon questions touching slavery. Whenever the institution came under debate he assumed a dictatorial tone, spoke disrespectfully of his opponents, and on matters relating to Kansas he became offensive to those who ¦ opposed him. Mr. Sumner, of Massachusetts, was erudite and always gentlemanly. He had the advantages of a" fine education, improved by travel in foreign countries. A man of pure morals, proud of the noble State of which he was a Representative, and devoted to the cause of progress and human elevation ; he devoted all his energies to the discharge of official duty. On the 20th May, he delivered a speech on the bUl authorizing the people of Kansas to form a constitution and State governnient, a part of which was in reply to the remarks of Mr. Butler on the same subject. No one doubted, nor did Mr. Sunmer deny, that he intended siich a rebuke to Mr. Butler as would admonish that gentleman of the propriety of observing a respectful courtesy towards his opponents ; yet no friend of Mr. Butler or of slavery charged Mr. Sumner with overstepping the bounds of order, or of strict parUamentary rules in his remarks ; but -they were forcible, indeed withering towards Mr. Butler, who had ren dered himself subject to the severest criticism. The force of his logic and the obvious justice of his aUusions were woundmg to the pride of South CaroUna : her Representatives were said to have held a consultation on the subject. Thefr Senator and State had been placed in an unenviable position, and the question appeared to be how they were to wipe out the stain ? Unfortunately, they believed in the practice and habits of the South, and instead of maintaining the intellectual conflict, they had recourse to physical violence. Mr. Brooks, attended by Mr. Keitt, both armed, entered the Senate chamber after the adjournment of the 22d May. Mr. Sumner remained at his desk engaged in writing, with a few other Senators who were also engaged at thefr desks, as was usual. Brooks approached Mr. Sumner 394r . ATTEMPTED ASSASSINATION/ .DSI THE SENATE. in front, with a heavy cane in his hand, saying : " I have read your speech ; it is a Ubel on my State and Mr. Butler, who is a relative of mine," at the same instant striking him. Sumner attempted to rise ; a second blow, falling with fuU force, prostratfid him, at the same time depriving him of consciousness. As he lay paralyzed and apparently Ufeless, Brooks proceeded to inflict further blows, whUe Keitt, -with a pistol in one hand and a cane in the other, ordered the spectators to stand back. Mr. Crittenden, of the Senate, and Mr. Murray, of the House, being present, seized Brooks and removed him ; while Mr. Morgan, of the House, protected the apparently Ufeless body of Sumner from further outrage. Perhaps Massachusetts and South Carolina were never more faithfuUy represented than by Mr. Sumner and Mr. Brooks. Tbe one was intelU- gent, gentlemanly and kind, holding that all contests were to be decided by reason, by the judgment and conscience ; the other holding that violence, physical force, the dueUa, or battle-field, was the proper resort of gentlemen and of nations. Tbe ideas of the one were refined and pure ; the other adhered to the barbarism of former ages. Indeed, this distinction was equally weU defined between the people of the free, and slave States. On the morning foUowing this assault, Mr. Wilson called the attention of the Senate to the outrage which had been perpetrated upon tbe senar torial sanctity of that body. Mr. Seward moved a resolution of inquiry and tbe appointment of a committee. Tbe resolution was adopted, but every member of the committee, five in number, were Democrats ; no Senator opposed to the Administration was appointed. This outrage upon parUamentary usage w.as as great as the personal assault on Mr. Sumner. But tbe facts were so well known that the committee could neither misunderstand nor mis represent them, although they referred to the speech of Mr. Sumner as the cause of the attack. As Mr. Brooks was a member of tbe House of Representatives, a copy of the report was transmitted to that body for its action. But before this report was made to the Senate, Mr. CampbeU, of Ohio, offered to the House of Representatives resolutions of inquiry in relation to this violation of the privileges of the Senate by a member of the House. The consideration of these resolutions was opposed by Mr. CUngman and Mr. Craig, of North Oai-oUna ; Mr. Smith and Mr. Letcher, of Virginia. Tbe Speaker, however, decided that the resolutions were privileged under parliamentary law, and entitled to immediate considera tion. From this decision Mr. CUngman appealed ; and every member EEOOKS EXPELLED FEOM THE HOUSE. 395 from the slave States voted against the decision, together with Messrs. Day, of Ohio ; English, of Indiana ; Florence, of Pennsylvania ; Fuller, of Maine ; MarshaU, of IlUnois ; MiUer, of Indiana, and Valk, of New York. But the Speaker was sustained by a large majority, and the committee was appointed, and on the 2d June made a full report of facts, accompanied by a resolution expeUing Mr. Brooks from the House. This report was, however, signed by Messrs. CampbeU, Pen nington and Spinner ; while Messrs. Cobb and Greenwood, belonging to the democratic party, made an elaborate report, concluding with the resolution that the House of Representatives had no jurisdiction of the case. On the 10th June, resolutions from the Legislature of Massachusetts were presented, stating the rights of each State to be represented in the Senate, and the sanctity of the persons of Senators whUe thns representing thefr States, and in dignified language deprecating the late outrage npon one of her Senators. SimUar resolutions were received from the Legislatures of Rhode Island and Connecticut, they being in session at the time. Mr. Sumner being confined by his wounds, Mr. Butler repUed to the speech of Mr. Sumner. To this Mr. Wilson, while his colleague was yet prostrated, rejoined in an able manner. Mr. Evans, of South CaroUna, also spoke upon the subject. Mr. Douglas, of Illinois, spoke only in excuse of himself for" not interfering at the time of the assault, as his object might have been misconstrued. Mr. Slidell, of Louisiana, declared that he heard the blows, but felt no interest in the matter. Mr. Toombs, of Georgia, openly justified the assault; To these remarks Mr. Wade, of Ohio, responded witli earnestness, ^declaring the assault " assassinlike and cowardly."* On the 9th July, the House proceeded to th'e consideration of the resolutions and report of the committee expelling Mr. Brooks. Mr. CUngman, of North CaroUna, argued that the attack was a mere assault and battery, of which the House could take no jurisdiction. Mr. Bingham, of Ohio, replied with great force ; and after further debate the vote was taken upon expelling Brooks, and stood 121 in the affirmative and 95 in the negative. All the members from the slave States, assisted by * As Mr. Toombs had justified the assault -which Mr. Wade pronounced co-wardty, members expected that Toombs would challenge him ; but he did not. Mr. Brooks challenged Senator Wilson, who replied that the moral feelmg of his State would not justify lum in meeting an opponent In a duel ; but the people expected him to defend himself Tbis he expected would call out an attack upon the street, and he prepared for it. Indeed, the feeling now ran so high that several Senators and Representatives carried arms upon their persons wherever they went. 396 FUNDS FOE THE SUBJUGATION OF KANSAS. Messrs. Florence, CadwaUader and J. Glancy Jones, of Pennsylvania ; Denver, of CaUfornia ; English, .of Indiana, and MarshaU, of Illinois, voted in the negative ; while all the other members from the free States voted in the affirmative. • There being less than two-thirds iu the affirmative, the resolutions were lost. After the vote was declared, Mr. Brooks addressed the House, by common consent, for an hour, endeavoring to justify his bar barous violence in consequence of Mr. Sumner's speech. When he closed he declared that he had already sent his resignation to the Governor Of his State. ' On tbe foUowing day the House proceeded to consider another reso lution reported by the committee, for expeUing Mr. Keitt for the part he had borne in the affafr, which being so amended as to express the dis approbation of the House, was adopted' by a large majority, and that gentleman thereupon resigned his seat. Thus ended the pubUc debate concerning a transaction which greatly disparaged our Government with foreign nations, involving the people of the free. States in that low degree of civilization which only belonged to tbe slaveholding portion of the nation ; but the recoUection of those scenes wUl long remain deeply impressed upon the memory of those who witnessed them. Tbe general indignation .of the northern people became intensified when it was found that Mr, Sumner continued unable to attend his duties in the Senate. He was subjected to painful operations at the ' hands of the most eminent medical men of Europe. He was temporarily paralyzed, and suffered exceedingly for nearly two years before he was able to resume his official duties. The natural result of these outrages was the formation of poUtical parties upon the question of slavery and freedom. Indeed, the necessity for such poUtical organization was so ob-vious that few persons appeared to doubt its propriety, when tbe first session of the thfrty-fourth-Con- gress adjourned. But that body having faUed to pass any bill makinig appropri ations for the army, tbe President called the members together by pro clamation, for an extra session ; and a sufficient number of northern members now united with the Committee of the House to pass a biU giving the President both funds and army for the subjugation of Kansas, and the bill in that form became a law. Long before the adjournment, the people began to move in favor of a general political organization preparatory to the coming presi dential canvass. Tbe " Americans " or " Know Nothings," were to FOEMATION OF THE EEPUBLICAN PAETT. 397 meet at PhUadelphia, and the leaders of the free-soU party caUed a meeting of their friends to be held in Pittsburg at the same time. The Americans were unable to unite upon any platform in regard to slavery ; and the Free-soUers, after consideration, passed resolutions declaring their prmciples and expressing a desfre that all who held those doctrines would meet in national convention for the nomination of candidates for President and Vice-President. . Soon after a general call for a convention appeared, inviting " all who were opposed to the repeal of the "Missouri Compromise, to the exten sion of slavery, in favor of admitting Kansas as a free State, and in favor of restoring the Government to the principles avowed by Washing ton and Jefferson, to meet at Philaddphia." This restoration of the Government to the doctrines of our revolu tionary fathers, had constituted the theme of contemplation by Mr. Adams and his associates since 1831. No reformation short of adopting those doctrines was regarded by them as of any importance. And this caU was intended to carry out that object. The convention, in pomt of numbers and of moral character, was equal to any that had ever met in the United States. At Philadelphia, on the 18th June, a.d. 1856, the RepubUcan party was formed upon the principles expUcitly enunciated m the reso lutions of which the following is a copy : " Resolved, That the mamtenance of the principles promulgated in the Declaration of Independence and embodied in the Federal Consti tution are essential to the preservation of our repubUcan institutions • and the Federal Constitution, the rights of ihe States and the union of the States shall be preserved, " Resolved, That with our repubUcan fathers, we hold to the self- evident truth, that aU men are_endowed by thefr Creator with equal and inalienable rights to life, Uberty, and the pursuit of happiness. That-the primary object and ulterior design of instituting our Federal Government was to secure the enjoyment of these rights to aU persons under its exclusive jurisdiction. That, as our repubUcan fathers^ when they had aboUshed slavery in all our national territory, ordamed by the Constitution that no person shaU be deprived of life, liberty or property without due process of law, it becomes our duty to mamtam this provision against all attempts to violate it ; and to prevent the establishment of slavery in any territory of the United States by positive legislation, prohibiting its existence therein: And we deny the constitutional authority of Congress, of a territorial legislature, or of any mdividual or association of individuals to give legal existence to slavery in any 398 EEPUBLICANS DISCARD KNOW NOTHINGS. territory of the United States, while the present Constitution shaU be maintained."* There were also other resolutions relative to Kansas, to the ," Ostend Manifesto," and to polygamy in Utah ; but. the two which we have quoted show the primal truths, the essential dements on. wiich the. founders of tbe repubUcan party based their claims for support. These resolutions were intended to invoke a distinct and unmistakable issue with all who held to the necessity of corraption, or fraud, or oppression in our American Government. The writer wbUe serving in Congress had pubUcly called on southem men to acknowledge or deny these doctrines ; but be had never been able to obtain from a slaveholder or a sympathizer with slavery a dfrect answer to the question. The adherence of those who founded the repubUcan organization to the doctrines enijnciated was well expressed by a subsequent vote. The Americans or Know Nothings of New York, had appointed a large and respectable committee to meet a similar committee from the Republican Convention, in order to agree upon terms by which the Americans and Republicans could unite. The committee had come from New Tork for that purpose, and were in the convention when Governor Morgan, of that State, proposed to appoint a corresponding committee on tbe part of tbe RepubUcans to meet them. To this it was objected that the Republicans had proclaimed their doctrines, which were immutable, and no committee could change them. If tbe " Americans " maintained those doctrines, they would of course vote with the RepubUcans ; if they did not hold to them, they could not and ought not to support them. Nor could any RepubUcan vote for any man who denied these essential principles, and Governor Morgan's proposition was laid upon the table with but Uttle opposition. Tbe convention having assumed the name of " RepubUcan " as its party designation, and nominated John C. Fremont as its candidate for President, and WUUam L. Dayton for Vice-President, adjoumed. But this assertion of primal truths as the basis of the organization was novel to the politicians of the old parties. Messrs. Clay, and Webster, and Calhoun, and Cass, and other statesmen had discarded this policy, and its adoption now was regarded by their admfrers as ah imputation upon the wisdom which those great men were supposed to possess. AU * The first of these resolutions was penned by Hon, Preston King ; the latter was written by the author In his library, at Jefferson, Ohio. Mr. King and the writer were both on the committee appointed to report resolutions and platform to the convention, and these were adopted by unani mous vote of tbe committee, and In convention there was not a dissenting vote. THB ISSUE MADE UP. 399 « admitted the doctrines, but many denied the poUcy of adopting them. Some said the '' self-evident truths of the Declaration of Independence" were admitted by both the democratic and whig parties. Leading Democrats in the free States, in public and in private, asserted that thefr party held them firmly as RepubUcans. But the more ex perienced' men of that day admitted that in practice both of the old parties de'nied them. There was mucfr difficulty encountered from that pride of opinion which is natural to the human intellect. Old politicians who had grown grey in maintaining the poUcy of a national bank, a protective tariff, and distribution of the proceeds of pnbUc lands, could not understand how these should be laid aside and the primal doctrines of govemment be resorted to as the basis of a party organization. Men who had always assailed thefr opponents as the only argument in favor of themselves, could not understand why the platform of any party shoiUd fail to attack those who opposed it. The result of the election placed James Buchanan in the Executive Chair ; but all saw that his success had been achieved by the united support of northern men, who dared not deny the doctrines enunciated by the RepubUcans ; or that the slaveholders practically repudiated them. It was also well understood that the democratic party could only be held together by the enunciation of some principle on which all could unite. The American or Know Nothing party had now sunk in poUtical death, and only two parties were before the nation : of these the repubUcan only avowed essential doctrines as its basis. When the thirty-fourth Congress reassembled in December „ggg for its third session, it seemed admitted by aU that the RepubU cans had become a poUtical power in the nation. Thefr scattfered forces had been collected, thefr principles had crystallized into definite form, and. the members of that organization felt fuU assurance of success at the Presidential election of 1860. The civU war in Kansas contmued ; property was destroyed, buUdings were burned, men were slain, and skfrmishes fought in order to estabUsh slavery therein. The President's annual message gave ample evidence of the feeUngs of his party. Former Executives had been accustomed to express vrith great dignity their views upon important questions of policy and of prindple; but Mr. Pierce now descended from his official position to read lectures to the people for discussing their rights : and he assaUed those State Legislatures who passed laws for protecting the hberties 400 THE MESSAGE CEITICISED. of their people ; and falsely charged the anti-slavery men with agi tating the emancipation of southem slaves. Tbis misrepresentation-was constantly repeated by men in office and politicians, so far as to become evident that they intended to falsify the historic record in regard to it. The message was criticised with great freedom ; the right of tbe people to discuss whatever subject entered into the administration of govern ment was maintained, and all attempts to usurp undelegated authority by the Executive was denounced ; the imtruthful assertions in the mes sage were exposed, and the President's friends were called on to vindi cate him against these charges of official mendacity. In the Senate, Mr. Hale reviewed the message with deserved severity and with consummate abUity. In that work. Senators WUson, of Massachusetts, and Trumbull, of IlUnois, engaged with a zeal becoming patriots ; whUe the press of the country repeUed his attacks upon the people for speaking thefr sentiments, declaring them new and without precedent. In the message the whole subject of our Kansas difficulties was open ed up for debate. The question of extending slavery was agam pre sented, and the issue between the parties on that subject was rendered unmistakable. This was the first fundamental issue ever formed be tween the political parties of our nation. Although the leaders of the whig party in 1844 professed opposition to the extension of slavery, they had not dared to proclaim it as a principle in thefr national plat form. Such, too, was the case when the Democrats were about to annex Texas : Indeed, the joint resolutions in favor of that measure were intro duced both in the Senate and in the House of Representatives by Whigs, but now the repubUcan party, representing the principles enunciated at its formation, stood compactly and immovably opposed to this leading doctrine of the democracy. jgg^, Tbe reopening of the African slave tra,de was much agitated in the cotton-growing States. The Governor of Alabama, in his message, called attention of the Legislature to this subject, and it was said that several cargoes of slaves had been recently imported by its citizens : Individuals boasted of having foUowed that barbarous traffic, declaring that the laws of the United States against it could not be enforced within any slave State. Southern men insisted that slavery was right and proper ; that the Federal Government was bound to support it : and taking this as the predicate, they declared that it was for tbe interest of the cotton States to increase the nOmber of their slaves, asserting with great confidence that if slavery be right, the slave trade could -not be wrong. ME. ETHEEIDGe's EESOLUTION. 401 On the 15th December, Mr. Etheridge, of Teimessee,"'offered a resolu tion, declaring " tbe African slave trade to be shocking to the moral sense ofthe civUized portion of mankind ; and that any act of Congress conniving at, or legalizmg that horrid and inhuman traffic would justly subject tbe Government and citizens of the United States to the reproach and execration of all Christian people throughout the civilized world." Southern members opposed the introduction of the resolution, but it was finally brought to a vote, and adopted by 152 to 51, only one mem ber from the free States, Mr. Florence, of Pennsylvania, voting with the slaveholders, whUe Messrs. Etheridge and ZoUicoffer, of Tennessee; Smith, of Alabama ; and Kennett, of Missouri, sustained the resolu tion. The feeling against the slave trade became so strong that several members who had voted for it, at the time of which we are speaking, took occasion subsequently to declare thefr hatred of it. During this last session of the thfrty-fourth Congress, constant hiti- mations were thrown out in regard to the settlement of the constitu tional right of carrying slaves into our Territories by the Supreme Court, and northern men were inquired of as to the surrender of thefr opinions, provided tbe Supreme Court should decide in favor of that measure. But no one appeared to understand the aUusion. 402 THE CASE OF DEED SCOTT. CHAPTER XXVII. SUBSERVIENCY OF THE SUPREME COUET CONSTITUTION OF KANSAS PRESI DENT'S MESSAGE POLITICAL PRINCIPLES " AMISTAD" SLAVES — CONSTTTU- TION OF KANSAS REJECTED WALKER's EXPEDITION CLAIMS- FOR DEPORTED SLAVES — RIGHT OF VISITATION. jgjj^ , An important incident in " the regime of slavery " transpired soon after the adjournment of the thirty-fourth Congress. The important and well-defined principles of the RepubUcan party needed no explanation, no vindication. They were not only "self-evident," bnt they constituted the distinct and emphatic doctrines on which the Government had been founded, without the maintenance of whicli it must cease to be that estabUshed by, our fathers. Tbe result of tlie Presidential election showed clearly that the demo cratic party of the North dared not take issue upon those doctrines, and had escaped defeat only by claiming them as thefr own ; whUe tbe southern wing of that organization distinctly and emphaticaUy denied the existence of those " self-evident truths." jggg , All now appeared to see the overthrow of the democratic party, unless some effective movement were made to prevent the on ward progress of the republican organization. To effect this object, recourse was had to the Supreme Court. A majority of the members of that tribunal were slaveholders, and at least one of the non-slaveholding members was believed to be as anxious to involve the free States in the crime of sustainmg slavery, as were his feUow-judges of the South.* A case was made up by counsel in Missouri, stating that a negro woman, accompanying her master, who was a miUtary officer, by whom she was held a slave, gave bfrth to a child whUe Uving in the Louisiana pur chase north of 36 deg. 30 min. north latitude, and subsequently moved to and resided in Missouri. The child had been named " Dred Scott," and having arrived at mature age, sued for his freedom. The case was car ried to the Supreme Court of the United States, and during the month of March, that tribunal took up the subject, and after hearing it elabo rately argued, very gravely decided, that " although the language used in the Declaration of Independence was broad enough to include the * Judge Baldwin, of Pennsylvania. ITS DECISION IN THE SUPEEME COUET. 403 whole human family, and if used in a simUar instrument at this day would be so understood ; yet history informs us that such was noi their intention ; they did not include, nor did they intend to embrace, colored persons, the descendants of African slaves," and they proceeded to de clare "that black men had -no rights that white men were bound to respect." This denial of the essential truths announced in the Declaration of In- pendence, astonished the people of the free States. But the barbarous doctrine that white men were not bound to respect the right of black men to live, awakened among the people an intense abhorrence not merely of the principle but of the men who enunciated a doctrine so revolting to Christianity. The people believed the black man's rights to life as sacred as that of the white man. ' The intentional killing of black men was universally beUeved in the fi-ee States to be murder ; yet it was well known that the Federal Government had sent our army to Florida, where they butchered inno cent men, women, and chUdren becaufee they were black. Indeed, the reader wUl recollect that men were shot down in the State of Pennsyl vania under the fugitive act. They were shot by deputy marshals of the United States in Pennsylvania and in Ohio, and in every slave State the master was authorized to slay his bondman if he resisted the master's barbarous brutaUty. . And in aU the cotton-gro-wing States they were driven so hard at labor as to render the average Ufe of persons after reachmg manhood bnt seven years, and on the sugar plantations but five years.* It was therefore necessary, in order to vindicate the insti tution, for the Court to assert this doctrine, revolting as it was. But when that tribunal assumed that .the signers of the Declaration, in assertmg that all men were endowed by thefr Creator with inaUenable rights to Ufe and Uberty, intended to assert only that aU white men were entitled to these prerogatives of the human soul, the people at once charged ignorance upon the Court rather than upon Jefferson and Adams and Franklin and thefr associates. That distinguished tribunal, however, became so excited as to assert the undisguised falsehood that " history showed that the signers of the Declaration regarded black men as ha-ving no rights that white men were bound io respect." This decision, however, recognized one essential doctrine of the anti- slavery men. They had ever averred that the Declaration of Inde pendence asserted the principles of the Govemment, and that the Con- • Vide " Jay's views of the Federal Government" aad the slaveholders' address therein quoted. 404 THE CASE OF DEED SCOTT. stitution was to be so construed as to carry out the essential principles of the Declaration of Independence. But this had been denied by southern statesmen and by leading Democrats of the North. The Court, however, felt the necessity of admitting this doctrine, and were unable to find any warrant for slavery under the Federal Government, except by an attempt to show that the signers of tbe Declaration of Independence faUed to express thefr own views, but asserted doctrines directly opposed io those which they entertained. jggg. The decision, however, shocked the public conscience. It seemed to satisfy the pubUc mind that men who had so far vitiated thefr own moral natures as to hold thefr fellow-men in degrading bond age, would even pervert the truth of history in order to vindicate thefr own conduct. The decision aroused, a spirit of investigation and of independent thought among the people. Upon its pubUcation slaveholders and northem Democrats hastened to adopt it as tbe platform of thefr moral and political faith, and thus was the great issue between the RepubUcans and Democrats distinctly formed and placed unmistakably upon the records of the nation. The right of all men to live, and to that Uberty which is necessary to cherish and sustain Ufe, had been asserted by the republican Convention, and was now as emphatically denied by the democratic organization north and south. It was an issue broad as human nature, eternal as the wUl of tbe Creator. Tet from the formation of tbis issue some professed RepubUcans were dissatisfied. They had belonged to the whig party, had embraced the doctrine so long adhered to by the leaders of that organization, " that no poUtical party could succeed upon weU defined principles ;" " that the people were not sufficiently enUghtened and vfr tuous to maintain thefr own liberties, or to adhere to truth and justice as the basis of govemmental organization ;" and " therefore injustice, wrong, and even corruption, were necessary to the support of our Government." They labored to convince those who had long endeavored to organize a party upon the doctrines of the Declaration of Independence, that such an organization coutd -not succeed. They ap peared unwUUng to admit that Clay, and Webster, and Ewing, and Corwin, and Fillmore, had been in error in their efforts to placate the slave power instead of resisting it. And while they were struggling to convi-uce RepubUcans of what they deemed errora of poUcy, they found themselves constrained to practise the doctrines which they theoretically deprecated. The persons elected by slaveholders from Missouri and other slave States to constitute the Legislature of Kansa^ passed an act authorizing A NEW ISSUE FOEMED. 405 the election of delegates to a convention for forming a State constitution and government. The people generally refused to recognize those men . as possessing any power, and regarding the enactment as void, refused to appear at the polls or to vote for delegate. Of course, those who were pro-slavery were elected, and a slaveholding constitution was framed. But at this point a difficulty was discovered. The framers of this pro- slavery constitution became convinced that the people of Kansas would never adopt it if it were submitted to them for approval, and they pro ceeded to declare it absolutely the constitution of that State ; and it was transmitted to the President, for the purpose of being laid before Congress preparatory to admission to the Federal Union. At the assembUng of tbe thirty-fifth Congress there was more intense feeling throughout the United States in regard to Kansas than had existed at any former day. Tbe "American" or "Know Nothing " party had disappeared, and many Democrats who had left their party to attach themselves to this novel association returned to thefr democratic friends,^ and a majority of, members of the House were now obedient to tbe dictates of the slave power. James L. Orr, of South CaroUna, was elected Speaker. President Buchanan's first annual message was characterized by an elaborate argument in favor of admitting Kansas under the slaveholding constitution which had been adopted by the Convention, but not by tbe people. He referred to the fact that the constitution of Kansas secured to the master his property in slaves, according to the then recent " deci sion of the Supreme Court and the dictates of justice ! " Indeed, the general tone of tbe message recognized slavery as just and righteous, exhibiting the entire devotion of the President to the institution. Mr. Douglas, of lUinois, and many other Democrats, had given .,.„ the pubUc to understand that they did not believe' in the despo tism manifested by the Convention in Kansas. They insisted that'the people had the right to pass judgment upon a constitution which was to bind them and their chUdren to an indefinite period of time. But the message of the President showed them clearly that support of tbis slave- holding constitution waS to be the test of democratic orthodoxy. On referring the message to appropriate committees in the Senate, Mr. Douglas took occasion to say that he differed from the President " on tbe point alluded to ; and Mr. Stuart, of Michigan, declared his dissent from tbe President's views ; whUe Mr. Davis, of Mississippi, sustained tbe President. Other members were drawn into the debate, and it became evident that a rupture of the democratic party must take place from the agitation of this question. Southem oligarchs never permitted 406 THE DEMOCEACY DIVIDED. their alUes to falter at any doctrine or principle which the slave power had adopted ; and the more experienced statesmen foresaw that the hesi tation of Mr. Douglas in adopting the Lecompton Constitution, without permittmg the people to express their opinions upon it, would exclude him from southern, support for tbe Presidency. In the House of Representatives the message was criticised with severity. It was debated at length, analyzed, dissected, and its moral and political deformities exposed. The President, in former times, had served both in the House of Representatives and in the Senate, when silent and quiet submission to the dictation of slaveholders was practised ; but he had been absent from the United States four years, and appeared unconscious of the progress of pubUc sentiment during that time, and his message had been far better adapted to tbe twenty-Mth than to the thirty- fifth Congress. The public mind was now absorbed with the difficulties in Kansas. Emigrants from every free State resided there. They had left behind them relatives and friends, who sympathized with them in their strug gle for freedom. They sent to Kansas provisions, money, arms aud ammunition, tents and all the paraphernaUa of war ; while most of the southern States continued to send men and arms to maintain tbe bar barous code of slave laws enacted by the miUtary usurpers ; and civU war continued to desolate that devoted country. At an early period of tbe session, Mr. Douglas introduced to the Senate a bUl authorizing the people of Kansas to adopt a State consti tution and form of government. Resolutions were also adopted, calling on the President for copies of aU correspondence in relation to Kansas not previously reported. 18581 ^^ ^^^ House of Representatives, Mr. Banks, from the Com mittee on Territories, reported a simUar bUl. Other biUs, having the same object in view, were also reported. These bUls were debated, and questions relating to the extension of slavery, its moral character and- its pecuniary bearings, were for some two months the theme of remark. The Legislature of Ohio, in view of the difficulties into which the democratic party was being precipitated, adopted resolutions declaring their confidence in the President, their adherence to the Cincinnati Plat form ; then, denouncing the Lecompton Constitution as unwise and unfortunate, and asserting that every constitution ought to be submitted to tbe people, they called on the Senators and Representatives from that State to oppose the admission of Kansas under the Lecompton Constitution. POLITICIANS MOEALLT DEPEAVED. 407 The incongruity of these resolutions afforded , a rich theme for com ment ; yet they showed that the democratic party could not stand together on the issue which had been formed between them and the Republicans. The Legislature of Tennessee, anxious to express the voice of her people, adopted resolutions condemnatory of Senator Bell, of that State, for his course in regard to Kansas, and instructing her Senators and requestfrig her Representatives to exert their influence for the admission of Kansas upon the Lecompton Constitution. Mr. -Douglas now stood in avowed opposition to the President and his policy in relation to Kansas. Senator Stuart, of Michigan, and Senator Broderick, of California, also took position with Mr. Douglas. The last uamei Senator was a man of great boldness and possessed a high order of talent. . He frankly and fearlessly maintained his position against the combined opposition of the party to which he had belonged, and finaUy fell a martyr to his integrity of purpose. He was killed in a duel with Judge Terry, of CaUfornia, and in his last moments declared that he was murdered " because of his opposition to a corrupt Administration and the extension of slavery." On the 20th January, the President transmitted to the two Houses of Congress copies of tbe Lecompton Constitution and other documents connected with the formation of a State government. The issues now being made up, the supporters of\lavery and the advocates of liberty ranged themselves on opposite sides in well defined order, while a class of poUticians, calUng themselves Conservatives, appeared uncertain to which army they belonged ;, they appeared to be vibrating between right and wrong, " preferring heaven, but choosing heU." Others joined the RepubUcans, acted with them, but were at all times anxious to induce that party to abandon its principles -and bring its members back to the support of the exploded policy of tbe whig party, of acting in opposition to the democratic organization -without referring to essential principles for their guide . This Kjlass of politicians proved more dangerous to the Government than its open enemies. Incapable of understanding the force of moral truth, or of appreciating the omnipotence of justice ; they at all times expressed the conviction that success must depend on shrewdness of- management ; that sound poUcy might require injustice to mdividuals and classes or to sections, or it might requfre fraud and deception to carry it out ; that it might even require bribery and corruption to maintain the Government. These men were regarded by the experienced statesmen of that 408 DIFFICULTIES IN THE DEMOCEATIO PAETT. day as political infidels, destitute of the first requisites of patriotic politicians. No sooner had the issues been fully settled in regard to Kansas, than Hon. Frederick P. Stanton, of Tennessee, a Democrat, long a member of Congress and more recently Secretary for the Territory of Kansas, published an address to the people of the United States, declaring that the real difficulty had risen from the unlawful invasion of the territory and the usurpation of its government by military force. These outrages had been approved by Mr. Douglas ; at least he had insisted that the enactmefits of the usurping Legislature were valid : Indeed, he had expressed no disapproval of the miUtary invasion of the territory, and the fact that Stanton now stood fairly upon the grounds as.sumed by RepubUcans concerning Kansas served to discourage the leaders "of the democratic party. Mr. Stanton had resided in Kansas, was well acquainted with the popular voice, and in his address declared that a large portion of the people were determined never to recognize the invaders as thefr legitimate rulers, and h,e confirmed the reports concerning frauds, oppression and despotism practised upon the people of the territory. This publication from the pen of a southern man of high moral and political standing was a severe blow to the dominant party. Hon. Thomas L. Harris, of IlUnois, a member of the House of Representar tives, who had been elected to Congress as a Democrat, came out boldly denouncing the invasion of Kansas, the usurpation of its government, and repudiating aU poUtical fellowship with men who sustained these outrages. Others in pubUc Ufe and thousands in private life now abandoned the democratic party and joined the RepubUcans because of thefr unchanging principles of Uberty and juStice. As men now saw almost the' entire time of Congress occupied in some form of agitation concerning slavery, they lost confidence in the predic tion of Messrs. Clay, aAd Webster, and Calhoun, and Cass, and Polk, and Pierce, and Buchanan, and all those leaders who had represented that the gag-rules, the censure of membfers, the annexation of Texas, the Mexican war, the payment of Texas debts, the Fugitive Slave act, and the repeal of the Missouri Compromise was to silence agitation. Each of these incidents had greatly weakened the influence of the free States, and had strengthened that of the slave States ; and the agitation, at first slight, had now crystallized into d-vil war, wHich threatened a dissolution of tbe Union : And the prediction of Mr. Adams and his associates in 1843 had thus far been literally fulfilled. To hide these facts from the great body of the people was now the PEIMAL EIGHTS OF HUMAN NATUEE. 409 object for which the slave power, the democratic party and many old Whigs appeared to labor. Indeed, some professing to have embraced the repubUcan faith labored assiduously and others insidiously to bring repubUcan doctrines into disfavor.* The whig party hqld the decisions- of the Supreme Court to be of binding validity on all departments of government, whUe the demo cratic party correctly asserted that every officer sworn to support the Federal Constitution must act on his o-wn judgment, and could not be controlled by the opinion of any judge or officer against his. own convictions. The doctrines of the Supreme Court in the case of Dred Scott were examined with great ability, and the phUosophy of human governments was more fully brought before the people than at any former day. Statesmen insisted that He who created the earth and ordained the laws by which its fruits were produced, had imparted to men the appetite and imposed upon them the duty of obtaining those fruits : That He who created the seasons had given to men the means of providing protection against the storms of heaven ; had made it their duty to obtain raiment and habitation. That to say tbe Creator had imposed these duties upon men without giving them the inherent and imprescriptible right to that liberty which is -necessary to obtain them would be an impeachment of the Creator's justice, and downright infideUty. They asserted that it was " self-evident " that every human being possessed the right to enjoy the light of the sun, to breathe the afr of heaven, to satisfy his hunger from the fruits of the earth, so 16ng as he forbears to interfere with the rights vested in other persons. They insisted that these rights and necessities are not given nor im posed by human constitutions, or human laws, or human governments ; but by the Creator ; and that human governments, constitutions and laws should recognize these rights as constituting a part of the Divine * Hon. Thomas Corwin, of Ohio, had been Governor of that State, a Representative and a Sena- tor.in Congress, and more recently Secretary of the Treasury under Mr. Fillmore. On professing to hold republican doctrines he was nominated for Congress. He attended a State republican con vention, and was chairman of the Committee on Resolutions. The committee reported resolutions modified in their tone from the platform adopted at Philadelphia. Soon as the regular business 'of the convention was completed, Mr. Corwin was called on for an address. He complied, and spent three-fourths of an hour in efforts to convince Republicans of the duty of catching and retur-n- ing fugitive slaves. The writer was next called, and he spent an equal amount of time in ridi culing and holding up to public contempt every " bloodhound " who chased negroes, whether on two pr four legs. Subsequently, Mr. Coi-win was reported to have boldly denied the essential truth that the natural rights of mankind to life and liberty were derived from the Creator. He was reported to have said that " all our rights are derived from, the Ckmstitution." To this the wiiter replied in a letter to a friend, which was published ; and the editor oX the paper giving Mr. Corwin's speech then stated that it had been erroneopsJy reported. 410 ME. CEITTENDEn's AMENDMENT. WUl r That invasion of these rights must of necessity constitute crme, whether such invasion be by individuals or by men associated in the legislative or sexecutive administration of govemments. They asserted that reUgion and phUosophy blended and united in support of these principles, and that the duties of Christians and phUosophers, statesmen and jurists were precisely the same in regard to them. These doctrines, held by all true Republicans, were opposed and denied by aU slaveholders and northem Democrats : But the Conservatives, as they were called, would neither admit nor deny them ; but generally bore themselves in such manner as to induce RepubUcans to believe they held to them, and at tbe same time cause the Democrats to beUeve they denied them. 1858 1 ^^ ^^^ character was Mr. Crittenden, of Kentucky. He was an honest man of tjie school alluded to. He had been a contem porary of Mr. Clay, and held the policy which that statesman maintained. He was eloquent and able : and his constant efforts at compromise arose from the conviction that deception and fraud and oppression were neces sary to save the Government. He introduced an amendment to the biU for admitting Kansas with its slaveholding constitution. His amend ment provided in substance that Kansas should be admitted under tbe Lecompton Constitution, provided her people should at a subsequent election vote in favor of adopting it. This amendment was in accordance with Mr. Douglas' views, and every RepubUcan in the Senate voted for it : But as tbe Senate was strongly democratic, the amendment was rejected; the biU passed and was sent to the House of Representatives. Tbe Constitution of Kansas in Article 1, Section 1, declared that " the right of property is before and higher than any constitutional sanction, and the right of an owner of a slave to such slave and its in crease is the same and is aS inviolate as the right of the owner of any property whatever!' The antagonism between this provision in the Lecompton Constitution of Kansas and the American Declaration of Independence was so clear and unmistakable that no intelligent mind could misapprehend the issue. Tet repubUcan Senators had voted for this amendment, which if adopted would admit Kansas as a slaveholding State. The debate in the House of Representatives was long,' able and greatly embittered by tbe violations of faith which had repealed the Missouri restriction of slavery ; yet, the fundamental principle which denies the right of men to enslave their feUows constituted the issue on which the parties were contending. • THB VOTE THEEEON. 411 The amendment of Mr. Crittenden was now pressed in private conver sation upon the RepubUcans of the House, as the only means of defeat ing the biU. It was nothing more nor less than a compromise be tween slavery and freedom. But for its adoption in the. House most RepubUcans were anxious, under the conviction that it would defeat the Senate's bill. ; At length the Senate's bill came up for hearing. The writer „^^ moved its rejection : Against this motion all the members from the slave States voted, together with the foUowing, .from — Connecticut. . Messrs. Arnold, Bishop, and Clark, 3 New YorS. . " Clarke, John Cochrane, Corning, Haskins, Hatch, Kelly, Maclay, RusseU, Searing, Sickles, Taylor, and Ward, 12 New Jersey. . " Adrain, Huyler, and Wortendyke, ... 3 Pennsylvania. " Ahl, Dewart, Dimmick, GUlis, J. Glancy Jones, Owen Jones, Landy, Leidy, Mont gomery, PhUlips, and White, . . . .11 Ohio. ... " Burns, Cox, Groesbeck, HaU, Lawrence, Miller, and Pendleton, 1 Indiana. . . " Davis, EngUsh, Foley, Gregg, Hughes, and Niblack, 6 Illinois. . . " MarshaU, Morris, and Shaw, , .... 3 California. . " McKibbin and Scott, 2 These forty-seven northern Democrats, with the slaveholders of aU parties, constituted the negative vote on the motion to reject the biU, makibg in aU 131, whUe the affirmative included the whole republican force, amounting to 95 votes ; and the motion faUed by a majority of forty-seven. Maine, Massachusetts, Rhode Tsland, Vermont, Michigan, Wisconsin and Iowa furnished no vote against the rejection of this bUl. After tbe faUure of this motion, Mr. Montgomery, of Pennsylvania, offered the amendment of Mr. Crittenden as a substitute for the biU, and it was adopted by 120 ayes to 112 noes. The bid being thus amended, passed the House and was • sent to the Senate for concuiTence. The Senate rejected the amendment, as was expected. A committee of con ference after much labor agreed upon a substitute for tbe bill, which was finaUy passed. By it the constitution was returned to Kansas for adop tion by tbe people. But as it was well understood that most of the people of Kansas were in favor of a free State, there was but Uttle chance for its adoption : Tet the friends of Afrioan bondage in the 412 THE BLAVE POWEE AGAIN DEFEATED. Senate continued to press the matter of slavery in Kansas upon tbe consideration of that body. The admission had been defeated against the combined influence of the slave power and the democratic party, aided by the Executive, who declared that " Kansas was as much a" slave State as Georgia or South Carolina." jggg. The Legislature of New York having passed resolutions against tbe admission of Kansas as a slave State, transmitted them to Senator Seward, who presented them to the body of which he was a member. The RepubUcans became still more confident after this defeat of the Slave power. Bnt although the great body of that party were hostUe to the institution of slavery upon political and economical principles, there were comparatively few who regarded it a crime, or asserted that life and liberty were "gifts of God," lying behind and above human enact ments : While the framers of the Lecompton Constitution did not , hesitate to assert that " the right of property in slaves existed before, and was higher than any constitutional sanction :" Indeed, this moral phenomenon manifests itself throughout the history of the American Government. The advocates of oppression, of despotism and crune, have ever exhibited a boldness that almost commands respect : whUe the advocates of Uberty, justice and Christianity have been modest, retiring and diffident. This defeat of the slave power was more deeply felt by southem men than was generally understood. After tbe exclusion of slavery from California, the supporters of that institution looked to Kansas as the remaining source from whence to add another slave State to the Union. That having failed, they seemed to comprehend their situation. They felt, that they were to be rapidly dwarfed in poUtical power and influ ence, preparatory to the final extinction of human bondage. g^. Laboring under these gloomy forebodings, the advocates of slavery appeared to feel that spfrit of desperation which usuaUy precedes the overthrow of men and of nations. They now spoke boldly of secession ; of separating from the free States, and gave distinct - indi cations of that subsequent uprising in favor of oppression, which wiU in coming time form one of the most astonishing incidents in the history of nations. The President, in his annual message, had again recommended an appropriation frOm the pnbUc treasury to compensate the Cuban slave- dealers who professed to own the people on board the Spanish schooner " Amistad." Tbis recommendation was' regarded by many northem THE " AMISTAD " CLAIM DEFEATED. . 413 members as insulting to the people of the free States. It was so treated in the House of Representatives. Mr. Leach, of Michigan, a devoted friend of liberty, made an expose of its absurdity, and a democratic Committee on Foreign Affairs in the House consigned this recommendation of tbe President to the same silent repose to which northern petitions had been coinmitted in former days. This was the fourth time that the Executive had pressed upon Congress the propriety of appropriating the money of the people to sustain this Cuban slave trade ; but, the rising of those Africans, and assertion of thefr Uberty, was so palpably just, so evidently in accordance with the law of nature, that Executive influence, aided by that of the slave power, could not subject tbe people of the free States to the humiUation of paymg the pfratical slavedealers .for the loss bf thefr victims. * But the Senate treated the message with greater respect. Mr. Mason, of Virginia, from the Committee on Foreign Affafrs, reported a bUl grant ing full indemnity to those slavedealers : And so zealous was the author of the biU for its passage, that he obtained a vote making it the special order, for a day certain at the next session, when it was to. override aU other business ; bht learning the repeated fate of that measure in the House of Representatives, and being aware that Messrs. Seward, Sumner and Hale were prepared to resist its passage, he faUed to call it up for debate, and tbis favorite measure of the slave power, after a struggle of nearly twenty years, slept in sUence. WhUe these incidents w.ere transpiring, the people of Kansas had elected delegates to a convention for the purpose of framing a free State government. The convention met at Topeka, and agreed upon a con stitution. The Legislature passed resolutions in favor of admission upon this constitution, and transmitted the resolutions to Congress, They were respectfuUy received and ordered to be printed, and the status of tbe territory. in regard to slavery appeared to be established, although the slave power interposed every obstacle that could delay its admission as a State. The advocates of human bondage now realized thefr condition. California was free : AU efforts to create a war with Spain, in order to obtain Cuba, had failed, and the Ostend Manifesto had fallen into apparent contempt. The last and greatest effort to extend slavery into Kansas had been defeated, notwithstanding the entire influence of the Executive and of the democratic party had been ear nestly exerted in favor of the measure : and it was evident that no fm-ther extension of the institution vrithin the jurisdiction of the United States could be hoped for : The slave power found its energies para- 414- ANOTHEE PLAN FOE EXTENDING SLAVEET. lyzed, its influence dissipated, and its prestige lost, 'flie popular feel ing of the free States had been awakened to its moral and political crimes : yet its devotees determined on one more effort to extend the institution and increase its power for maintaining a separate and inde pendent government, before leaving that which had so long protected and cherished it. , .„„ , An expedition to Central America for the purpose of conquest was now agitated among the people of the slave States. That country was well adapted to slave labor. The people were supposed to be somewhat effeminate, and unprepared to defend themselves against an invading force. WUUam Walker, of Alabama, appeared to be the master-soirit of this piratical foray npon an unoffending people : whUe many leading men of the slave States were said to be active in aiding him with men and money to carry out his desigij. Indeed so fnUy were the people .of the slave States identified -with this unla-wful and unauthorized invasion of Central America, that no man of the South was known to oppose it. The subject was openly approved and encou raged by some of the southern newspapers, whUe it i^ not known that a paper in either of the slave States openly condemned it. It was said by Walker, and believed by the pubUc, that he held conversations with the President and other high officers of Government, stating to them his intentions ; and Walker himself asserted that he had the President's tacit consent to fit out the expedition, which was a most palpable violation of the laws of the United States as weU as of the law of nations. He went so far as to publish what appeared to be a correspondence between himself and the Federal Executive on the subject, and which is yet uncontradicted by President Buchanan : but the popular disgust of the North became apparent. The northern press spoke out manfoUy in - condemnation of all who aided or approved of this outrage upon inter national as well as municipal law : and the President appeared to feel constrained to make an effort to suppress the movement. Whether this effort was made in good faith or not, is a question which the writer is not authorized to pass npon, but it is due to the truth of history that he should say the President at that tune could not have suppressed this expedition gotten up among a people, aU of whom were m favor of it. It consisted of a few hundred men and three ships. They left our shores and landed fri Nicaragua. Walker issued a proclamation declar ing the establishment of a new government, constituting slavery one of its essential elements. The public indignation became so manifest after the expedition had CAPTUEE AND DISCHAEQE OF 'WALKEE. 415 departed, that the President gave orders to Commodore Paidding to pursue Walker and bring him back to the United States. Walker was a man of daring and enterprise. He was cmel and despotic. But placed in that sickly climate, with Uttle food and- less medical attendance, his force diminished as he advanced, untU he found himself unable to proceed further. He was soon surrounded by greatly superior numbers, and appearances indicated that justice might speedily be executed upon him and his followers. In the meantime the brave old commodore, dreaming of no .jggg deception, jDut regarding it his duty to bring back Walker, and havmg reached the coast, sent all his disposable force m pursuit, and Walker and his men were rescued from the grasp of an outraged peo ple, by the men sent to arrest and bring them to the United States, in order that justice might be executed upon them. This faithful and Uteral execution of orders by the gallant commo dore, appeared to have been unexpected by the President, as weU as by the slave power. Walker was now in the United States, and in the custody of their officers : Tet no efficient movement for his pun ishment was made ; and southem statesmen, with characteristic effront ery, charged both the President and Commodore Paulding with the exercise of unla-wful authority in arresting Walker and his men whUe within the territory of a fordgw pdWer. It was admitted that Jie had violated the, laws of the United States, and would have been liable to punishment had he been arrested on the water ; but inasmuch as he was captured on land, they contended that the whole proceeding was void, and they demanded the discharge of Walker and his men. The President, always subservient to the slave power, dfrected the discharge of Walker, not because he was innocent, nor because he was uot properly held under the laws, but for the reason that he had been arrested on land and not on water. The absurdity of the principle that Walker ought to escape punishment because he had been arrested withfri another government by consent of that government, wUl at once enable the reader to comprehend both the effrontery of the slave power and the abject obsequiousness of the Executive. The Senate, by resolution, called on the President for such corres pondence and information touching the capture of Walker and his men by Commodore Paulding, as might be in possession of the Executive. In answer to this resolution, the President spoke mildly of Walker's offence, and expUcitly disapproved of his capture on land. The message was referred to the Committee on Foreign Affafrs, of which Mr. Mason was chafrman. He made a report, concurring in the views of the Presi- 416 ELATES IMPOETED FEOM AFEICA. dent, and strongly censuring Commodore Paulding for the faithful per formance of his duties. There was much debate on this resolution. Slaveholding Senators approved Walker's expedition, and were there fore unwUling to bear it denounced. The subject also attracted much attention in the House of Represen tatives. Southern members justified Walker and his expedition, whUe the advocates of human rights denounced the invasion of Nicaragua as an infraction of natural and of international law, for the worse than piratical object of establishing slavery therein. They ridiculed the idea that Walker's capture on land constituted anyreason why he should not be punished : Showed that if any one had a right to complain of the force which captured Walker, it must be the government of Nicaragua, with whose consent the arrest was made : That tbe guilt or inno cence of Walker was not affected by the place of his capture, and that . nothing short of slaveholding audacity would raise the objection, and nothing short of abject servUity would admit the validity of such an argument. But these troubles to the slave power came not alone. As it was known that slaves were imported into the southem 'States, and the American Executive was supposed to connive at this crime, which our nation and laws had pronounced " pfracy," the British Government sent cruisers to tbe Gulf of Mexico to watch for piratical slavedealers. These cruisers, vyhUe seeking for men who had waged a pfratical war upon hu man nature, interrupted some suspected American merchantmen so far as to ascertain that they were " Americans," and not " pfrates." The masters of these ships, on reaching the United States, sympathizmg with the slave interests, made complaint of having been stopped on thefr voyage by British cruisers who claimed to exercise the " -right of search." This rigM of search claimed by England in time of war to examine the manifests and cargoes of neutral powers had constituted one of the prin cipal causes of the war of 1812, and the very name was odious to the American people. The slave power understood this cruising in the West India seas and in the Gulf as an imputation upon the "peculiar insti tution," and became excited, threatening vengeance upon Britain for " thus attempting to put down the commerce of the United States," as they expressed it. Tbe hereditary jealousy and long cherished prejudices of American saUors in regard to England as a maritime power did not fail to exaggerate every case in which an American ship had been visited by British officers. On the 14th May, Mr. Bright, of Indiana, presented a resolution calling on the President for any information which might be in his AN ABANDONMENT OF DOCTEINES. 417 possession touching encroachments upon our commerce in the Gulf of Mexico.* The President, in answer to the resolution, communicated such infor* mation as he possessed, and the whole subject was referred to the Com mittee on Foreign Relations. On the 25th May, Mr. Mason, chairman of the committee, made a report, setting forth the doctrine asserted by Mr. Stevenson,' our minis ter at London, in 1838, that British cmisers, while searching for slave- dealers declared pirates b_y England and the United States,' have no right to intercept the progress of a suspected ship bearing the American flag, even to ascertain whether it be engaged in the slave, trade or in lawful commerce. This doctrine had been met and combated by Mr. Adams in the House of Representatives, and apparently abandoned by the American Govemment in 1842, when, by the Treaty of Washington, the British ambassador not only refused to acknowledge the exemption of suspected vessels from such inquiry, but the Ainerican Government agreed to fur nish a naval force to be kept near the African coast for the purpose of suppressing the slave trade. It appeared clear to the judgment of refiecting men, that every „ggg master of a ship who detested the traffic in slaves, would gladly exhibit his innocence whenever suspected. It was equaUy plain that no nation whp held the slave trade in just execration, would complam of such interruption of its ships when suspected of being engaged in that inhuman traffic. But it was the intention of the slave interest to resist the exercise of this legitunate power and duty by Great Britain and by our own national ships, as southem men were at that time notoriously engaged in the importation of slaves : and strange to say, not a Repub Ucan m the Senate uttered a word against this arrogant doctruie, which had been so successfuUy resisted by Mr. Adams eighteen years pre- . viously. On the contrary, Messrs. Hale and Seward, and WUson and Wade united in supporting the doctrine contended for by slavedealers and successfully resisted by the advocates of Uberty for twenty years previously. The resolutions of Mr. Mason, evidently concocted for the purpose of securing our -ships engaged in the slave trade from visita tion by British cruisers, were adopted by a unanimous vote of the Senate : and the influence of that body was prostituted to protecting the slave merchants of the United States from merited punishment. * TUs gentleman was expelled firom the thirty-seventh Congress on acconnt of bia sympathy with the rebels. 21 418 FUETHEE CLAIMS FOE DEPOETED SLAVES. The subject was also debated in the House, where the doctrines assert ed by unanimous vote of the Senate were characterized as a code for the protection and encouragement of " American pfracy." In that body the doctrines enunciated by Lord Palmerston, and maintained by Mr. Adams, were reiterated and supported by argument. In a former chapter the reader has been informed of the man ner in which compensation was obtained for slaves deported by the British army and navy after the treaty of Ghent had been entered into. A list of aU slaves lost after entering into that treaty was made out, and when ^compensation had been obtained from the British Govemmpnt, notice was given to claimants to make proof of their loss and receive the money. At this stage of the proceedings it was found that many claimants had preferred fraudulent demands for slaves which they had not lost. These fraudulent demands had swelled the amount received from the British, Government much above the real loss of slaves. This surplus remained in the treasury, and southern slaveholders, emboldened by the success of the bill for the reUef of "Wigg," heretofore men tioned, now presented a list of slaves said to have been ready lost at the close of the war of 1812, but not claimed untU tbe present session. Al- phia Jennirigs claimed four slaves; Henry A.Wise, one; Ann Robin son, one; Edward Reed claimed a husband, wife, and four chUdren ; Mary Martin, one slave. Mr. Mason, of Virginia, presented the claims and reported the bUl in favor of paying for them. He and Mr. Pugh, of Ohio, argued in favor of tbe biU. Mr. Hale frankly avowed his hostiUty to the bUl, as it acknowledged property in human- fiesh. Mr. Hamlin, of Maine, stated that he was unable to find sufficient facts to require him to look into the principles of the claim. Mr. Mason declared that Great Britain had paid over the money, and he did not deem it necessary to debate the opinions of Mr. Hale, as the humanitarian views of Great Britain were becoming modified. Mr. Seward, of New Tork, said he was a member of the committee who reported the bUl, that he had opposed it in committee, and now op posed it. He declared that no condition of things, no drcumstances, no con siderations, should induce him to vote for any bill that recognized property in man. He stated that he was not prepared to admit that the people or government of Great Britain were modifying their views in regard to slavery. The bUl, however, passed the Senate by a vote of 32 to 15. Messrs. AUen, of Rhode Island ; Broderick, of CaUfornia ; DooUttle, of Wisconsm ; Fitch, of Indiana ; Pugh, of Ohio ; Stuart, of Michigan.; and Wright, of New Jersey, voting with the slaveholders. COMPENSATION EEFU8ED. 419 I In the House of Representatives the character of these claims was ex posed by Hon. PMlemon Bliss, of Ohio, a modest, retfrmg Inan, but an able and zealous defender of trath and justice : The biU was defeated. During this debate Mr. Gamett, of Vfrginia, became personaUy insult ing towards the author for opposing the biU. He was a slaveholding Vfrgmian, and among the first in that State to encourage and pro mote the rebeUion which occurred two years subsequently.* * At tbe commencement of tbe rebellion Gamett received a brigadier-general's commission in the Confederate service, and tell at the battle of Autietam, In 1862. 420 CHANGE IN POPULAE SENTIMENT. CHAPTER XXVIII. CHANGE OF POPmiAK SENTIMENT — PRESIDENT'S MESSAGE — THE " AMISTAD " SLAVES. 1858] During the recess of the thirty-fifth Congress, tbe people of Kansas elected delegates to a convention for the purpose of form ing a constitution and State government. They met at Leavenworth, and performed the duty assigned them, adopting measures for demand ing admission to the Union ; and at the reassembling of Congress the cause of Uberty appeared more cheering than it had at any time during the preceding half century. Resistance to ' the encroachments of the slave power had become the sentiment of the northern people ; submis sion to slaveholding dictation had become unpopular ; northern members of Congress no longer turned pale or trembled at the frowns or the threats of slaveholders. Tet a class of servile politicians appeared per fectly unconscious of the moral and poUtical change that was going on around them. They seemed to imagine that, like themselves, the world was approaching a fossilized insensibiUty. There were also ambitious men, those who had opposed the repubUcan organization untU its success became certain ; they then joined it for the purpose of being in a majority. They could not readUy assume a leading position in a party which they had long opposed. These men were anxious for some change of parties that would place them more conspicu ously before the pubUc ; and it was clearly foreseen that the cause of human rights was to be in far less danger from the slave power than from timid Conservatives and ambitious politicians, who, having long served in the whig and democratic parties, were anxions to resuscitate the ancient poUcy of those organizations, of avowing no moral truth or es sential principle by which poUtical partisans were to be judged, or to the support of which they might be committed. This class of men were look ing at Presidential elections, contemplating the means of elevatmg them selves and friends to office, while others were toUing for the reformation of the Government., The President, in his annual message, represented the excitement in Kansas as dymg away ; which was very true, as the armed forces of the slave States had left, and the advocates of a free State were quietly pursuing thefr own happiness. He next asserted that there was a gene- A SENILE PEESIDENT. 421 ral acquiescence in the decision of the Supreine Court that a master might carry his slaves as property into any territory of the United States, and hold them under the guardianship of the Federal Constitution : And then declared that it had been settled at the last session of Congress that the people of a territory had the right under the Federal Constitu tion to come into the Union with or without slavery. He next avowed that aU resistance to the usurped government in Kan sas had ceased, and that aU opposition to it had been a resistance to rightful authority ; and characterized the efforts of the people of Kansas in favor of the Topeka Constitution, and against that framed at Lecomp ton, as grave errors. It is no part of the historian's duty to explain these official statements, and it is beyond his power to reconcUe them with truth as demonstrated by acknowledged facts. So far from acquiescing in the decision of the Supreme Court that a master may carry his slaves into any territory of the United States and hold them under the protection of the Federal Constitution, the feeling of hostiUty against the decision was much stronger than when it was first published. It was however true that resistance to the usurped authority in Kansas had necessarily ceased, as no attempts to enforce that authority was then being made. But it is due to President Buchanan to say, that during the last two years of his administration a strange hallucination appears to have be clouded his intellect. His v/hole energies were exerted to suppress th^ rising spirit of liberty, and to make the people beUeve that amid civU war no discontent was exhibited. His assertion that the people were reconcUed to the decision of the Court declaring human beings property was wholly inexplicable. The doctrine had long been urged by the slave power. It had ever been repudiated by Congress, and at the date of this message it was looked upon with deep detestation by every RepubUcan. In attempting to uphold this Atheism, the Supreme Court had brought upon itself the disapprobation of the people, and had dissi pated its influence. The President stated in his message, that the people of Kan- .„„ sas had formed a new constitution, bnt argued that they ought not to be admitted untU their population should reach the number of inhabi tants necessary to constitute a congressional district ; nor did he appear conscious that whUe the territory had a far less number of inhabitants he had urged its admission under a slaveholding constitution, had even declared it a " slaveholding State as much as Georgia or South .Carolina." The President presumed so much upon his influence with the people, that he now urged the acquisition of Cuba. He had while minister at 422 ANOTHEE ATTEMPT TO OBTAIN CUBA; London met other diplomatic authorities ofthe United States at Ostend, and united with them in advising the acquisition of that island. But the advise was unheeded, and iiCw he urged it in his annual message. There was but one argument in favor of this robbery of Spain; by wrest ing from her that rich island, it would increase the power of slavery in the Government, while it would diminish that of freedom in a corre^ spending ratio. But every cfrcumstance tended to show that the Presi dent's bias in favor of slavery arose from a paralysis of his moral sensi bilities, and that stupid dogma of a darker age, which forbade him to connect moral duties with poUtical action. As a further evidence of Mr. Buchanan's devotion to slavery,, he again recommended the payment of money from the pubUc treasury to the slavedealers claiming to own the persons on board the " Amistad." The anxiety of the President and of the slave power to obtain indemnity in this case, appears to have arisen from the desfre to reverse the decision of the Supreme Court and the pre-rious votes of Congress on the subject. All of those decisions admitted that these degraded heathen held from God the same right to Uve and enjoy Uberty that white men possessed. They went so far as to admit that in slaying the captam and cook in order to regain thefr Uberty, the Africans committed no crime, and were justly Uable to_ no punishment. The natural con clusion followed, that every slave has the right to Uberty, and if he can obtain it only by slaying his master, he may do so with impunity. This was the doctrine of the Declaration of Independence, and of the Government at its formation, which the slave power had long labored to subvert. 1868.] -^* ^^ ®^'''y Period in the session, Mr. SUdeU, of Louisiana, from the Committee on Foreign Affafrs, reported a bUl for the acquisition of Vdha, ; and Mr. Mason, of Virginia, in speaking upon it, gave satisfactory evidence that the democratic party were prepared to respond to the President's view on that subject ; but it was equaUy obvious that the northem members of that party were not prepared for immediate action in favor of the measure ; and after a long debate, it was laid aside and never again fc-ought up for debate. The capture of Walker and his followers in "Nicaragua, and brmgmg them back to tbe United States, appeared to be a death-blow to further conquest of territory for the extension of slavery, and the friends of that institution struggled hard during this session to adopt resolutions con demning Commodore Paulding for pursuing Walker on land and cap turing hun ; but thefr efforts faUed. Northern Democrats began to find there was a point beyond which the people would not be led in support A DEATH-BLOW TO SLAVERY EXTENSION. 423 of slavery. The resolutions referred to were not only rejected ; but others approvmg his conduct, and tendering hun the thanks of Congress for the faithful execution of his orders, were adopted; This result appeared to extinguish the last ray of hope for the .jgjg extension of slavery. Cuba could not be obtained ; conquest in Central America could no longer be hoped for ; and the curse of human bondage was Umited, and its boundaries estabUshed. On every side of it Uberty, triumphant and prosperous, was rapidly developing blessings to mankind. The age was characterized by the progress of human thought : Christian civiUzation was advancing. Observation, experience, philosophy and reUgion combuied to teach mankind that justice io all men : the enjoyment of life, of Uberty and happiness by aU, was the design of the Creator and the legitimate object of human governments. Justice began to assert her prerogative in the Government ; and the fate of slavery appeared to be written upon the tablet of the heavens above us, and of nature around us. The times seemed propitious for the introduction of practical measures to restore the Government to its original purpose by repealing those enactments that sustained the insti tution of slavery. WhUe the bUl making appropriations for legislative and judicial purposes in Kansas was before the Senate, Mr. Hale pro posed an amendment, repealing the first section of the law of the last session for admitting Kansas to tbe Union ; but after a long debate, the amendment was rejected. SimUar efforts were also made in the House of Representatives, but they also faded. And it became evident that tbe popular mind was not yet fully prepared for positive action in favor of human rights. 424 JOHN BEOWN. CHAPTER XXl^. THE RAID OF JOHN BROWN IN VIRGINIA — ^MEETING OF THE THIRTT-SKTH CONGRESS — CONTEST FOR SPEAKER THE RIGHTS OF THE SLAVE STATES — THB SENATE USURPS JUDICIAL POWERS — CONFLICT BETWEEN FEDERAL AND STATE RIGHTS THE PRESIDENTIAL ELECTION. jggg , During the civU war in Kansas, individuals became accustomed to scenes of blood and cruelty. Among them was John Brown, a native of Massachusetts, a man of that ordinary education which it is the pride of that State to bestow upon aU her chUdren. He had a large family of sons, educated as thefr father had been, and possessing in a good degree his quaUties of mind. Three of these sons eariy emi grated to Kansas, and when the civU war broke out there, the father foUowed them, in order to make himself acquainted with thefr situations. One of the sons was barbarously murdered for his devotion to freedom : and another was captured, subjected to snch abuse and suffering, that insanity reUeved him from the consciousness of his condition. These things aroused the feeUngs of the father, who, attended by a younger son, took the field. He was bold and unmoved amid dangers, maintaining the exercise of his judgment under the most trying cfrcum stances. He distinguished himself on several occasions, and soon became a leader, and visited retributive justice on several of the invaders, some of whom were said to have been executed under his advice and dfrection. After the termination of hostUities in Kansas, Brown retumed to Ohio and New England. He at aU times, wherever he went, urged upon the people of th£ free States the positive duty of emancipating the slaves held in bondage by our southem brethren. In the course ofthe spring and summer of 1859, he appears to have engaged the services of a number of active, energetic and bold men. He also rented a smaU farm some three mUes from " Harpers Ferry," on the Maryland side of the Potomac. He and his foUowers took pos session of the farm and dweUing-house in September. In that buUding he deposited his arms and ammunition. In October, a number of negroes suddenly gathered to his standard ; thefr masters were in some instances seized by Brown and his followers, and held as prisoners, whUe he took possession of the public buUdmgs at " Harpers Ferry," HIS EAID IN VIRGINIA. 425 evidently intending to hold possession of them whUe the other portion of his forces, with the negroes, should escape to the mountains, where he intended to follow them, and thence escape to Pennsylvania : but they were soon surroimded and fired upon. His two sons and two others of his foUowers were kUled, and himself wounded, when he and his party surrendered. The slaves returned to their masters, and those who were expected to lead them into the mountains fled. ' > The incident appeared to strike Virginia and the whole South with astonishment. Throughout that State troops were called into service. Arms were prepared and ammunition obtained, whUe wonder and amaze ment sat on every countenance. The President of the United States caught the alarm ; caUed out the miUtia of the District of Columbia ; sent United States troops to " Harpers Ferry ;" ordered arms and ammunition to be placed in the City Hall of Washington, where they could be obtained on the shortest notice, in case the slaves should rise ; whUe the govemor and people of Vfrgmia app^red to regard themselves as in the midst of an extensive slave insurrection. There was at that tune an election pending in New Tork and in New Jersey. Members of the democratic party, thinking that great odium would attach to those who sympathized with Brown, now sought to in volve the repubUcan party in the transaction. A committee of demo cratic gentlemen in the city of New Tork were appointed to ascertain and report facts concerning this invasion ; and the democratic press, at all times licentious, now casting off aU restraint, attempted to involve the best men of the nation in this raid, charging them with having stimulated Brown to make an attempt to free the negroes of that State. Brown, wounded and a prisoner, was visited by Senator ^ggg Maeon, of Virgmia, and Hon. C. L. VaUandigham, of Ohio, who endeavored to draw from him matter that would impUcate Repub Ucans. Thefr conversations with hhn were published, professing to impU cate the author. He at once repUed in a card pubUshed in Philadel phia, where he happened to be on business, declaring that the murder of Brown's son in Kansas, and the barbarities exercised in that territory nnder democratic influence had fropeUed Brown to pursue the course which he had adopted. In response to this card, an advertisement ap. peared in the papers published at Richmond, Vfrginia, promising a bounty of ten thousand doUars to any one who would bring the person of the author to that city aUve ; or five thousand for his head. In the meantime Governor Wise, of Vfrginia, and other southern 426 THIETT-SIXTH CONGEESS CONVENES. men oif distinction endeavored to magnify this transaction and give it importance. A number of the foUowers of Brown were captured, and aU of these, as weU as Brown himself, were tried for treason agamst the State of Virginia, convicted, and executed. The committee appointed by the democratic meeting in New Tork, made report, asserting in substance that Senator Hale, tbe Hon. Gerritt Smith, the author, and others, were involved in .the insurrection which Brown had excited. But on receiving official notice to appear before the judiciary to answer for the Ubel, they acknowledged the error, paid costs and counsel fees ; and legal proceedings against them were discontuiuod. The Hon. WUUam H. Seward, of New Tork, having returned from a European tour, soon found that a bounty of thirty thousand doUars was bidden in the papers of Richmond for the delivery of bis head in that city. For these manifestations of barbarism, suited only to the darker ages, the author heard no explanation. 1859 1 ¦'¦* ^^ under these cfrcumstances that the thfrty-sixth Congress assembled. A large majority in the House of Representatives were RepubUcans. They were men of talents and patriotism ; but were wanting in that experience which was necessary to take tbe proper ad vantages of their position. Most of them had been elected for the first time. Members of tbe old whig orgamzation had been educated in the belief that the avowal of no principles, and the assuming of- no defi nite position, constituted the highest poUcy. Thefr first duty was to elect a Speaker ; but they selected no candi date before entering upon the baUot, and instead of supporting an in dividual, as many as six candidates were voted for. Soon as the result of the first baUot had been declared, Mr. Clark, of Missouri, a democratic slaveholder, with the apparent intention of em barrassing the RepubUcans, insisted on presenting a resolution declaring that " the doctrines contained in a 'book entitled ' The Impending Crisis of the South, how to meet it,' written by one HUton R. Helper, of North Carolina, are insurrectionary, hostUe to the domestic peace and tranquil lity of the whole country ; and that no member of tbe House of Repre sentatives who has recommended that work is fit to be Speaker of this House.'' The work referred to consisted merely of a compendium of facts showing the effects of slavery upon the prosperity of the southern States, and had been recommended by nearly every Republican member of the- previous Congress ; and Mr. Clark proceeded to enforce the propriety of the resolution by a speech ; whUe northern members frisisted on pro ceeding with the ballot. 427 But the arrogance of Mr. Clark was equal to that of his proposition settuig at defiance all parUamentary order as well as propriety ; he pro ceeded to represent the book as advising the people of the " Union to stop at nothing untU they put out of pubUc life, disfranchised, and mur dered a large portion of the inhabitants." This unfounded imputation appears to have alarmed Mr. KUgore, of Indiana, who intermpted Mr. Clark, denying aU sympathy -with the doctrine set forth in the book, and begged Mr. Clark to withhold further remark until gentlemen who had recommended the work could explain thefr action, protesting that he and his people were con servative. This indecent haste of Mr. KUgore to manifest his own pusilanimity provoked the contempt of Mr. Clark, who merely replied that he was " glad the gentlernan was fleeing from the wrath to come." Mr. Farns- wor'th, of IlUnois, appeared anxious to reUeve Mr. KUgore, and called ' for the reading of the work, saying he had no doubt that it contained facts that would edify both Mr. Clark and himself ;^but Mr. Clark would neither read nor suffer any other member to read any part of the book which he was so earnestly condemning. But Hon. Clark B. Cochrane, of New Tork, took occasion to say that he utterly condemned the sentiments of the book. Mr. .Clark, finding RepubUcans timid and alarmed, now firmly per sisted in his, purpose. , Mr. KeUogg, of Illinois, said that his name appeared among those who recommended the book ; declared he did not know whether the senthnents were right or wrong ; but if the House would adjourn he would be prepared on the foUowing day to snstam or repudiate tbe doctrines of the work. On the foUo-wing moming, Mr. Clark read a circular „g^ dated at New Tork, and signed by gentlemen from various States commending the work, and advising its general circulation. Then foUowed a certificate cordiaUy indorsing the opinions, and com mending the enterprise set forth m the circular. This was signed by about seventy members of the previous Congress and was followed by a simUar commendation signed by Horace Greeley, John Jay, Thur- low Weed, Wm. C. Bryant, Abram Wakeman, and several other gentlemen. Then followed several extracts from the work showing its character. . Exhibiting : 1st. The destructive effects of slavery upon the southern States. 2d. The ignorance of. the southern people. 3d. The barbarous character of the slave trade. 428 A SOUTHEEN BOOK FOE SOUTHEEN USE. 4th. The remedy — ^proposing : 1. A thorough political organization of non-slaveholders in the South. 2. To elect no slaveholder to office. 3. To extend no patronage to slaveholding merchants, phy sicians, lawyers, hotel-keepers, or mechanics. 4. No affiUation with slaveholders in reUgion, morals, or poUtics. 5. No hiring of slaves. 6. Discountenancing aU pro-slavery newspapers. 1. To extend patronage to non-slaveholders only. The work was written by a southern man and addressed to southern men, and the object of those who recommended its cfrculation was to introduce it North as well as South. This synopsis of the work being read, Mr. Clark spoke in the most impassioned language condemnatory of that part which recommended non-slaveholders to hold no commu nion, religiously, morally, or politically, with those who held thefr feUow- men in bondage, and thus to destroy tbe slave interest, drive out slave labor, and dedicate the country to freedom. He closed by declaring his intention to support tio man for Speaker who had recommended that work. Neither the mover of the resolution nor any other slaveholder or aUy of the slave power asserted that the work contained anythmg false, or anything that was morally -wrong, or unjust ; but they insisted that it was opposed to the inierests of oppression, to the policy of the South. Opposed to injustice, a-nd wrong, and crime. Tet, although the support ers of slavery commenced this agitation and continued it for many weeks, they charged the whole debate upon northern men. Hon. John Sherman, of Ohio, was the prominent candidate of the RepubUcans. He was a man of education, of talents, and had the ad vantage of some experience as a statesman ; but unfortunately he had been educated in the school of northern diffidence, timidity, and submis sion to slaveholding dictation. He appeared to regard it tbe duty of Congress not only to sustain, uphold, and protect slavery, but also to treat.it with respect. Gentlemanly and kind in his deportment, he had not learned "the necessity for entertaining decided opinions, of uttermg them boldly and adhering to them firmly when right and abandoning them freely when wrong. The book contained nothing that did not commend it to his judgment and conscience when he signed the recom mendation : but now southern men assaUed him and determined to oppose his election to the office of Speaker, because he had honestly TUnDITT AND BOLDNESS CONTEASTED. 429 expressed the convictions of his own mind. Instead of boldly maintain ing in a frank and dignified manner, his integrity and the truthful ness of the work which he had recommended, he appears to have quailed under the taunts, the sneers and denunciations of slaveholders and their democratic allies. When thns assaUed for doing a just and creditable act, he said he had never seen a copy of the work ; declared that he had never used such language towards southern men as they had towards him ; asserted that the repubUcan party had never during his service in Congress introduced the subject of slavery ; and he trusted they never would ; and for himself proclaimed that he never would trespass upon the rights of any southern dtizen. No sooner had Mr. Sherman resumed his seat than Mr. Leake, pjgj^ of Vfrginia, in true slaveholding style, characterized Mr. Sher man as the " abolition candidate ;" demanded whether he indorsed or re pudiated the doctrines avowed in the work alluded to ; said he vrished to hold the candidate up to face the music. To this insolence Mr. Sher man submitted in silence. The debate on slavery now became general. The repeal of the Mis souri Compromise, the civil war in Kansas, the raid of John Brown, were all discussed ; and Mr. Keitt, of South Carolma, assuming that Hon. WUUam H. Seward, of New Tork, was a prominent candidate for President, criticised several of that gentleman's speeches, and arrogantly demanded of northem members whether they indorsed the doctrines which Mr. Seward had avowed ? Hon. Thaddeus Stevens, of Pennsylvania, obtained the floor. He was a man of unusual powers of analysis, of mature age, of more experience than any other member of the House, and, with aU these quaUfications, he was bold and fearless. He appears to have become impatient at the faltering timidity of his republican friends, and referring to the pro tracted debate, and to the tone and style in which it had been conducted, said he did not blame southern men for the course they were pursu ing, "nor for the language of intunidation, nor for the threat oi rending God's universe from turret io foundation ;" asserted they had tried this course fifty times, and fifty times they had foimd wealc amd recreant trem blers in the North who were ready to act from such intimidation. He proceeded to say that all deliate was out of order, and that no business or proposition ought to be presented to divert the members from electing their Speaker. Mr. Crawford, of Georgia, attempted to interrupt Mr. Stevens, who said he would not be interrupted ; but Mr. Crawford, assuming a mUd tone, was permitted to proceed. He soon became very defiant, intimat- 430 SECESSION CONDITIONALLT PEOOLAIMED. ing that northem men dare not avow' thefr sentiments ; declared that southem members wanted to know them. If they were for the abolition of slavery, he assured gentlemen there would be no shrinking — ^no cowardly falling back of southern men from the maintenance of thefr rights. As Mr. Crawford closed, Mr. Stevens, who had been listening very attentively, broke forth in mock admfration, saying, " that is right ! that 13 the way they frightened us before." At this RepubUcans applauded ; and southern men, sttmg by the unperturbable coolness of Stevens, sprang to thefr feet, and some rushed towards him as if intenduig per sonal injury ; but" he was instantly surrounded by friends, and as soon as his voice could be heard, he added, " now you see exactly what it is, and what it has always been." The newspapers generally applauded the boldness of Mr. Stevens, and most of them were severe upon all those who appeared to hesitate and falter during this struggle. Individuals felt restive under these criticisms, and much time was spent by members in defining thefr positions. But it is an historical curiosity that no member of the repub Ucan party avowed the doctrines enunciated by the united voice of that organization at the time of its formation. Nor did any Democrat assert the doctrines proclaimed by the Supreme Court, and adopted as those of the democratic party. Both appeared timid as to the avowal of truth or the assertion of principle. Most RepubUcans appeared anxious to excuse themselves for having recommended the book. But the com plaints of southern men began to assume a definite form, and members distinctly avowed the dissolution of the Union would foUow the deetion of a northern President. This threat of leaving the free States to themselves whenever they should refuse to remain poUtical vassals of the South gave evidence of the southern poUcy, and distinctly foreshadowed the approaching rebellion.1859.] Southern statesmen were unanimous fri proclaiming the doc trine that the Federal Government was.bonnd by the Constitution to protect and defend slavery m the Territories, whUe most northern members faltered in thefr course, hesitating to avow the distmctive prin ciples of their party. Some leading men were endeavoring to prepare the mmds of RepubUcans to disavow aU doctrmes as the basis of party organization, while others endeavored to show tUat the repubUcan party had no common prmciple of action. Hon. Thomas Corwm had long served in pubUc Ufe, possessed remarkable powers as an orator, but he adhered to the Whig school of poUticians, which avoided aU decla- " A PEOPHECT QUOTED. 431 ration of priiiciples : Tet he had been elected upon a distinct avowal that he held the doctrmes enunciated by the RepubUcans at PhUadelphia. Such, too, was the case with all those members who were striving to induce RepubUcans to abandon thefr principles as weU as those who denied that the party had distinctive principles. These men had all been elected upon their avowal of the very doctrines which they now repudiated. Mr. Corwin declared himself as much of an exponent of repubUcan doctrmes as any other man, and proclauned them to be the same as those avowed by Mr. FUlmore ; but asserted that the party united upon no pri-ndple, apparently unconscious that the doctrines of the party were proclaimed by the unanimous vote o£ those who formed and constituted it, and were carefuUy placed on record where they re main, and will continue in aU coining time. Mr. Cox, of Ohio, repUed to Mr. Corwin, and quoted a speech deUv ered some eleven years previously, by the writer, while a member of the House of Representatives, in reply to threats then thro-wn out in favor of a dissolution of the Union, wherein he said : " When that contest shall come ; when the thunder shall roll and the lightnmgs flash ; when the slaves of the South chaU rise in the spfrit of freedom, actuated by the soul-stirring emotion that they are men, destined to immortality, entitled to the rights which God bestowed upon them : When the mas ters shaU turn pale and tremble ; when thefr dwellings shaU smoke and dismay sit on each countenance ; then, sfr, I do not say we -will laugh at your calamity, and mock when your fear cometh : But I do say, the lovers of our race will then stand forth a/nd exert ihe legitimate powers of this Government for freedom. We shall then have constitutional power to act for the good of our country and to do justice to the slave : We will THEN STRIKE OFF THE SHACKLES FROM HIS LIMBS. Thc GoVCmment wUl then have power to ad bdween slavery amd freedom, and rr can then MAKE PEACE BT GIVING LIBERTY TO THE SLAVES : And let me teU you, Mr. Speaker, that time hastens : The President is exerting a power that will hurry it on ; and I shaU haU it as the approaching dawn of that mUlennium which / know must_ come upon the ea/rth."* Mr. Cox, apparently beUeving that he was rendering the slave power a service by such exhibitions of truth, next caUed on the Hon. John A. Bingham, of Ohio, to state whether he agreed -with Mr. Corwin in regard to the fugitive slave act ? That gentleman had served some four years in Congress, and had attained the reputation of an able legis- * This language, which now appears so prophetic, was uttered eleven years before the commence ment of the rebellion, and thirteen years prior to the President's proclamation of emancipation. Time has demonstrated Its perfect accuracy. 432 TWO INDEPENDENT MEMBEES SPEAK. lator and an accomplished scholar. He was also a man of high moral character, distinguished for his probity and candor, and now, in reply to Mr. Cox, he very frankly declared that he dissented from Mr. Corvrin's views in relation to the fugitive slave act, said that he utterly repudiated it as entirely unconstitutional. Mr. Cox next turned to Mr. Sherman, the candidate for Speaker, and commenced interrogating him. That gentleiiian refused to answer, although he must have known that Mr. Banks, four years previously, had by his open, frank and undisguised answers when thus interrogated secured his election as Speaker. „_„, The debate contuiued vrith occasional baUots nntU the 23d 1859.] I December, when Mr. Famsworth, of lUinois, varied the scene somewhat. He was a lawyer by profession and had attained a fafr standing at thc bar, was an early friend of the slave, and accustomed to think and act for himself He commenced his address by assuring the House that he should not deUver a speech in regard to Helper's book. He stated that his constituents read such books as they pleased, a/nd recom mended such as they thought proper, and sold them io those who wanted to bity. He declared that he held such right, and now gave southern gen tlemen due notice that he should exercise it without asking permission of them or of anybody else. He then read extracts from a democratic paper, which purported to have been taken from an essay in favor of the African slave trade, and inquired of southern gentlemen whether they were in favor of restoring that traffie. Mr. Miles, of South Carolina, declared that under favorable cfrcum stances he would vote to restore it.* Other gentlemen declared thefr wish to repeal the law prohibiting the slave trade, saying it was unconstitutional. At this point, Mr. Stanton, of Ohio, interrapted Mr. Famsworth to say that so far as Helper's book justified slaves in rising in insurrection he utterly abhorred and detested it. Mr. Stanton did not explain whether he denied the primal rights of all men to liberty, or whether he intended to say that when a man is once enslaved it is his duty to remain a slave rather than assert his own liberty. But this faltering of northem members ; this anxiety to gaiti southem favor by representing slaves as morally bound to remain in bondage when they could escape by insur rection, had tbe effect to strengthen the slaveholders in thefr opinions regarding secession, whUe it paralyzed the influence of the repubUcan organization. Mr. English, of Indiana, a Democrat, sought to render assistance to * At the time of writing this work (1808) Mr. MUes was a,otmg 03 a brigadier-general in the Con federate service. SECESSION MOBE BOLDLY AVOWED. 433 the South by exhibiting the proceedings of a reUgious meeting held m Chicago, in which slavery was declared to be a sin against God and a crime against mankind, and churches were advised to hold no feUowship vrith persons guilty of those iniquities. The solemn truths on which the Government was founded were now regarded by Democrats as endangering the Union. No one seemed to hold those who threatened its dissolution responsible for the crime which- they proposed to perpetrate : On the contrary, the democratic party asserted the flagrant falsehood, that the men who sustained the Con stitution, the rights of the States and of the people, were responsible for the action of southern traitors who were daUy threatening to secede from the Union. For- the apparent purpose of intimidating northem members,. a preamble and resolution adopted by the Legislature of South Carolina was read, as foUows : — " Whereas, The fraternal relations are dissolved between the North and the South, the slaveholding States demand a dissolution of the Union to be consummated : Therefore, be it resolved that $200,000 be placed at the disposal of the Governor, to be used at his discretion accordmg to the exigencies of the times." Amid these incidents the republican candidate for Speaker remained silent, apparently wanting the moral courage to avow the doctrines on which the Government had been foimded, and which now should have constituted the watchword, the rallying cry of the party to whom he looked for support. But in doing this he merely foUowed the practice of the, former whig party. WhUe Republicans were thus contending against the common foe without any apparent reference to the great truths which our fathers declared to be "self-evident," they were saved from defeat by difficulties equally great in the democratic party : One portion of that organiza tion had declared themselves in favor of restoring the African slave trade, whUe another portion regarded that policy as destructive to the party. The debate, with occafflonal baUotings, continued. On the 23d De cember Mr. Smith, of Vfrginia, deUvered an elaborate speech in support of the doctrines of the Supreme Court proclaimed in the case of Dred Scott, that the Declaration of Independence did not refer to colored men. He spoke of the doctrines avowed by John Quincy Adams, and of the effort to censure him, saying he (Smith) was not then a member,* * Smith was a member, as shown by the Journal and report of debates, and received a most withering rebnke at the hands of tbe venca-able Ex-President, which one would suppose he would- not have forgotten. 28 434 SECESSION DISCUSSED. but that he understood Mn Adams agreed to vex the South no more with petitions if the resolution of censure were laid on the table.* On the 30th December a general debate upon northern rights and southem aggression arose, when Mr. Hickman, of Pennsylvania, a Democrat, spoke plainly and strongly in favor of justice and Uberty, as claimed by the people of the free States. Mr. Boyce, of South CaroUna, a man of candor and boldness, frankly met the doctrmes of the repubUcan party as enunciated in thefr platform at PhUadelphia. Mr. Stanton, of Ohio, instead of maintaining the moral, religious and philosophical truth that all men hold from the Creator equal rights to Uve, acqufre knowledge and prepare for heaven, insisted there was ho denial of tbe legaUty of slavery in the States, apparently admitting the authority of State Legislatures to modify, repeal or reverse the WiU of God as manifested in the laws of nature. The doctrine of secession was again discussed, the physical power of the North and South compared, with the apparent expectation that thefr relative strength would be tested at no distant day. Mr. Boyce, declaring that the first campaign would cost the North a hundred million dollars, asserted that the free States could not raise that a-mount of money. At length, many RepubUcans who had been elected upon weU- defiued principles, which every member was expected to maintain, now faltered and pusiUanimously submitted to hear them assaUed and ridiculed without reply. Indeed, during this contest it became evi dent that a strong influence in Congress was exerted in favor qf the doctrine that no party could be sustained upon principles of immutable truth and justice. Hence it foUowed that some were determined to vote for no man who had rendered himself obnoxious to the slave power by recommending Helper's book -; aud Mr. Sherman, regarding himself shut out from avowing truth and justice as the basis on which he stood, and finding it impossible to unite the party in his support, very pro perly withdrew : And although the slave power had lost its abiUty to elect a Speaker, it dictated to the friends of Uberty whom they should NOT ded. I860.] ^® RepubUcans in the House of Representatives now retumed to the ancient whig policy of selecting a candidate not for Ms * Mr. Smith is not only unsustained to this respect by the record, but Is palpably "contradicted by It. The report of the debate shows that Mr. Gihner, who presented the resoluUon, publicly pro. posed to -Kithdram the resolution of censure if Mr. Adams woulS, withdraio the petition. Mr. Adams pubUcly amd solemnly refused, and the trial proceeded, and was continued until the slaveholders abandoned It. A SPEAKEE ELECTED. 435 weU-known qualifications, nor on account of his attachment to principle, but for the reason that his doctrines were -wnknown, and his quaUfications had not been tested. The choice feU on Mr. Pennington, of New Jersey, a gentlemanly, good man, unknown to the pUbUc outside of his State ; a man who was believed never to have expressed his devotion to the primal troths on which the repubUcan party was based. On the first day of February, upon the 34th ballot, Mr. Pennington was elected. This result was purchased, however, by the surrender of the doctrines and poUcy adopted in the election of Mr. Banks in 1856, when, standing upon principle, with only ninety-two members, they con strained thefr opponents to yield ; and elected the candidate of aU others the most obnoxious to the slave power, whUe the present Congress, vrith at least one hundred and seventeen professedly repubUcan members, were compelled to give up thefr candidate and take one less objectionable to the South. WhUe the contest was progressing in the House of Representatives, Mr. Douglas, of Illinois, presented to the consideration of the Senate a resolution, dfrecting the Committee on the Judiciary to report a bill for the protection of States against invasion by authority or by the inhabit ants of other States. On debating this resolution, Mr-. Douglas insisted that the doctrines of the repubUcan party tended dfrectly to create invasion and civU war. To this Mr. Fessenden, of Maine, responded that, as slave labor and free labor were antagonisms, the promotion of one must necessarily tend to the destruction of the other, and the idea that the Federal Govemment should pass a law to prevent discussion among the people, would not enhance the prospect of Mr. Douglas' election to the Presidency. Mr. Toombs, of Georgia, charged the Legislatures of repubUcan States with unconstitutional legislation for the protection of their free colored citizens. Those laws were denounced as treasonable. The republican platform, doctrines and policy were denounced by Mr. Toombs as destructive of slavery. But that Senator, nor any other member of either House, appeared conscious that when the people of the free States had petitioned Congress for laws to protect free colored persons, that body, under slaveholding influence, had retumed for answer that each State was bound to enact its own laws for that purpose* These assaults upon the essential doctrines of the Government were • Mr. Toombs did not appear conscious that those laws for the protection of free colored citizens had been Enacted at the suggestion and by recommendation of Congress, as appears In former chapters. 436 THE OCCASION FOE SECESSION STATED. made in the presence of repubUcan Senators, several of whom were regarded as candidates for the Presidency. Tet not one of them attempted a vindication of those " self-evident truths," which were held so sacred by Jefferson, and Adams, and Franklin, and their associates. Bnt Mr. Davis, of Mississippi, met the proposition of Mr. Douglas more fuUy and emphatically than even Mr. Fessenden had done. He denied the authorit]^ of Congress to pass laws for the punishment of unlawful combinations, declaring that the States held the only power over that subject, wMle the Federal Govemment possessed authority to suppress insurrections. Mr. Hunter, of Virginia, took occasion very kmdly to remind the eastern States of their dependence upon the West, and of the difficulties which those sections must encounter in case of separation. He admitted slavery to be a relic of former ages, characteristic of a crude state of society, which would disappear before the progress of Christian civUiza tion ; but denied that the North could do anything with tbe slaves if emancipated, and he then proceeded to discuss the approaching rebeUion. And as northern members continued to hesitate and falter and remain sUent, slaveholders became arrogant and overbearing. Mr. Brown, of Mississippi, offered resolutions declaring it the duty of territorial governments to provide for the protection of all kinds of property, recognized by the Constitution and held under the laws of the United States. He also introduced a bill declarmg sla-iies to be property. But Mr. WUson, of Massachusetts, met the threats of dissolving the Union put forth by southern Senators, dehberately inqufring if there were any other explanations of these attempts at intimidation than the plain import of the language used ? Southern men were sUent, and he proceeded to state the condition of the North and the South, and closed by saying, the " Union must and shall be preserved." But this declaration merely provoked further threats from southern Senators, who declared that the election of Mr. Sherman to the office of Speaker of the House of Representatives would be good and sufficient cause for southern Senators and members of the House of Representatives to leave Congress and return to their constituents. The language of Mr. Davis, of Mississippi, used in a public address in that State, was now explained by that gentleman as intending to assert the duty of the people of Mississippi to withdraw from the Union when ever the enemies of slavery should obtain possession of the Federal Govern ment. In these superciUous threats the Democrats of the North seemed to concur ; not one of that party objected to, or uttered a protest against them. Indeed, they appeared anxious to convince the slave- OCCASION FOE BECE6SI0N DEFINED. 437 holders that, whenever their party should come into power, these demands should be compUed -with. Mr. Pugh, of Ohio, had, early in the session, introduced lESolutions directing the Committee on the Judi ciary to report a bUl repealing so much of the laws organizing territorial governments in Utah and New Mexico as required the acts passed by those territorial Legislatures to be submitted to Congress for approval. "But this movement of Mr. Pugh called out from southern members severe rebuke. He was told, in the most explicit language, that the South would never hold poUtical feUowship with any man who denied to Con gress the power or duty to sustain slavery in the Territories. -And Mr. Douglas and his friends were given clearly to understand that no advocate of the Kansas-Nebraska bUl could receive the support of the slave States. In February, Mr. Davis, of Mississippi, introduced resolutions [.jgg. declaring the rights of the States, asserting that negro slavery fo.rmed a part of the poUtical institutions of various States ; that the Union of the States rested upon the equaUty of rights ; that it was the duty of Congress to provide for the protection of slave property in the Territories, as it was to protect other property of the citizens ; that the inhabitants of a territory, when forming a State constitution, may pro vide for the continuance or the aboUtion of slavery, and that the fugitive slave act ought to be enforced. These resolutions were discussed and amended, and finaUy adopted, most of the republican Senators refusing to vote for them. Early in the session Mr. Mason, of Vfrginia, introduced a resolution for appointing a committee, to investigate aud report to the Senate the facts connected with the invasion of Vfrginia by John Brown and his foUowers. They summoned before them many -witnesses, whom they examined ; but they now made report that John Brown, Jr., of Ashta bula County, Ohio, and James Redpath, of Maiden, in the State of Mas sachusetts, refused to appear before the committee. They also reported a resolution that warrants be issued to the Sergeant-at-Arms, to take the witnesses and bring them before the Senate, to answer for contempt of its authority. This assumption of judicial authority by the Senate was voted for by Messrs. Bigler and Cameron, of Pennsylvama ; CoUamer and Foot, of Vermont ; Dixon and Foster, of Connecticut ; Grimes and Harlan, of Iowa ; DooUttle, of Wisconsin ; King and Seward, of New Tork ; Pugh .and Wade, of Ohio ; Ten Eyck and Thompson, of New Jersey ; while only Messrs. Sumner, of Massachusetts ; Hale, of New Hampshire ; Bfrigham, of Michigan, and Toombs, of Georgia, voted agamst the pro ceeding. 438 CASE OF THADDEUS HYATT. It is certain, the Constitution had given the Senate no other judicial powers than such as were necessary to protect its own body. If these men had committed crime or offence, they should have been indicted in the district where such offence was committed ; and the Senate had no authority to bring them from Ohio or from Massachusetts to answer in. Washington City. If they had committed no crime, surely neither the Senate, nor any other branch of Government, had authority to take them. from their homes to Washington. But the slave power demanded it, and northern Senators voted for it. « 1860.] ^"^ *^^ ^•'-^^ February, Mr. Mason reported that Thaddeus Hyatt, of Massachusetts, had refused to appear before the com mittee and give testimony, and he presented a resolution requfring the Vice-President to issue his warrant to the Sergeant-at-Arms, com manding hfrn to take said Hyatt into custody and bring him to the bar of the Senate. Mr. Hale now stated his reasons for voting against the resolution, showing that tbe duties of the Senate under the Constitution were purely legislative, -with no other judicial authority than to preserve order in its own body and protect itself against intruders. Mr. Pugh, of Ohio, stated that he had investigated the subject since tbe former vote, and had come to the conclusion that no such powers vested in the Senate ; and Mr. Chesnut, of South Carolina ; Clark, of New Hampshire ; Durkee, of Wisconsin ; Hamlm, of Maine ; Wade, of Ohio, now changed positions, and voted -with Mr. Pugh against this usurpation of undelegated powers. But the motion pre vaUed. This usurpation by the Senate brought about the most important conflict between the State and National Governments that has occurred ; but, being done at the instance of the slave power, it occasioned but Uttle agitation among the people. I860.] ' ^^ ^^^ ^^^ AprU, Mr. Sumner presented the memorial of F. B. Sanborn, of Concord, Massachusetts, setting forth that on the. 3d April, certain persons who had been prowUng about his neighborhood, under shelter of nighl, by a fraudulent pretence, drew hun to his door, seized, handcuffed, and, by force, attempted to convey him to a carriage ; that by the efforts of a refined lady the neighbors were aroused, the bells rung, and the kidnappers were delayed untU a writ of habeas corpus was obtauaed : that he was then taken before Chief Justice Shaw, of that Commonwealth, who, without going into the question of jurisdiction, decided that the Sergeant-at-Arms could not delegate his authority to any other person : and the memoriaUst asked redress for the outrage to which he had been subjected. CASE OF F. B. SANBOEN. 439 Mr. Mason said that Sanborn had been rescued by a mob. On presentuig the memorial, Mr. Sumner remarked that Mr. Sanborn was a teacher, of high respectabiUty, and as the Senate had caused his rights to be outraged, it was proper that suitable redress should be awarded him. The petition was finaUy laid on the table. On the 13th AprU, Mr. Sumner presented authenticated documents in the case of Mr. Sanborn, showing the writ of habeas corpus, the retum thereon, and the entire record ; which, being read, he referred to the remark of Mr. Mason, made on the 10th, saying Sanbom had been res cued by a mob, and characterized the remark in appropriate terms, and moved a reference of the papers to the proper committee. Mr. Mason moved to reject them, and in the course of debate, it was made to appear that Governor Wise, of Vfrginia, had stated in a letter to the Senate, that he had satisfactory evidence that a plan existed in Ohio, Pennsylvania, and other States, to invade Vfrginia, and northern Senators were anxious to summon him before them to leam the source from whence the evidence was derived. Southem Senators refused to call him before the Senate, and it was more than inti mated that the refusal was dictated by a wish to save Mr. Wise from the, disgrace which must attend thC exposure of his attempt to alarm the pubUc. Senators began to understand that men of intelUgence intended to test the constitutionality of thefr proceedings before the bar of the peo ple ; and they became more deUberate in their movements, and Mr. Mason withdrew his motion to reject, and the papers were referred. Bnt as the committee had been selected by slaveholders, they retained the papers in perpetual silence. The Sergeantat-Arms made report that, in pursuance of the warrant of the Speaker, he had arrested Thaddeus Hyatt, and now held hun in custody. Mr. Mason moved a resolution that the Speaker inqufre of Hyatt — 1st. What excuse have you for not appearing before the committee, to give testimony ? 2d. Are you now ready to testify ? The resolution was adopted ; and Hyatt, saying he was not prepared to answer, was re manded to prison. On the 9th March, he was again brought up, and the President of the Senate inquired with great formaUty — " Mr. Hyatt, are you now ready to answer the questions propounded by order of the Senate ?" Mr. Hyatt answered — " Tes, sfr, I am. I have my answer here, but am not able to read it. I hope the Clerk will read it for me." Mr. Mason said he had read the answer, which denied the authority 440 THE COMMITTEE EEPOET. of the Senate of the United State?, by process,"to invade the domicUe or arrest peaceful citizens charged -with no crime. 2d. That the Senate were bound to legislate upon matters wHch they deemed necessary ; but had no authority to compel citizens from distant States to appear before them to give information as to thefr duties on any subject. The answer was read at length, and the question of disposing of the prisoner was next presented. He was, however, remanded to the cus tody of the Sergeant-at-Arms, and the next moming Mr. Mason pre sented a resolution, committing Hyatt to the jail of Washington for contempt of the Senate, untU he should express a wiUingness to testify. The subject of jurisdiction was fully discussed, and Hyatt was com mitted by a vote of 44 to 10 — Messrs. Bingham, Dixon, Hale, Hamlin, Sumner, Harlan, Simmons, Toombs, and Wade, voting against the com mitment. The jaUer, being govemed by law, could not recognize the commitment as coming from any legalized source ; but he received Hyatt, gave hun a comfortable room, which was suppUed with good parlor furniture ; and, the prisoner being a man of wealth, obtained the most recent pubUcations, and occupied his time agreeably as he could under the circumstances. j^gp , Tbe Senate now found itself powerless to carry out thefr designs by imprisoning Hyatt. They had turned aside from thefr con stitutional duties to compel the witness to testify what he knew of Brown's invasion of Vfrginia ; and whUe in conversation he declared that he knew nothing, yet he determined to refuse saying so-^under senatorial process. The Senate could not torture him — ^they could not fine him — nor could they induce him to testify. On the 25th June, the committee appointed to inqufre into the cfr cumstances connected with the raid of John Brown made thefr report. But Hyatt was yet in prison. Mr. Sumner had previously presented a petition numerously signed by colored men, askfrig his release. The petition was referred, and the committee reported it back, with a re commendation that the Secretary hand it to the Senator who presented it, Bnt a majority of the Senate were not prepared to sustain the proposed insult, and the report was laid on the table, and Mr. Hyatt was dis charged. The committee, in reporting upon the subject for which it had been raised, frankly admitted that they could trace no knowledge of the m- vasion to any other persons than to Brown and his foUowers. But this invasion of Vfrginia struck the entfre slaveholdfrig population KANSAS APPLIES FOE ADMISSION. -441 -trith horror. It brought the subject of slavery and the horrors of slave insurrections before the people of the country in a practical point of view, and gave slaveholders to understand that they were not free from danger, when thefr enemies were provoked too for. Mr. Brown, of Mississippi, introduced a biU in the Senate for punish ing offences against slave property in the Territories ; but it was not debated, and attracted but little attention. BiUs were introduced for the more effectual suppression of the African slave trade ; and petitions were presented praying Congress to aboUsh slavery and the slave trade in the District of Columbia and in the Ter ritories of the United States ; against the admission of any more slave States ; and against the employment of slaves by govemment. Most of these were laid npon the table without debate. The constitution of Kansas, recently adopted by tbe people of that territory, was now presented to both Houses of Congress, with an appU cation for admission to the Union as a State. The subject was referred, and a bUl for the admission reported, debated, passed the House of Representatives, and '^^^ sent to the Senate for concurrence. In the Senate there was great resistance to the admission, as it woidd increase the number of free States ; and so determmed was the opposi tion, that the biU was yet pending before the Senate at the adjourn ment. Mr. Buigham, of Ohio, introduced a bUl early in the session declaring all laws of New Mexico estabUshing, authorizing, or protecting involun tary servitude void. All southern members voted against this bUl, together 'with Messrs. Thayer, of Massachusetts ; John Cochrane, Haskin, and Reynolds, of New Tork ; Adrian and Riggs, of New Jersey ; Burch and Scott, of CaUfornia ; Cooper, of Michigan ; Florence, Montgomery, and Schwartz, of Pennsylvania ; Howard, Martin, Pendle ton, and VaUandigham, of Ohio ; Davis, Holman, and Niblack, of Indi ana ; Larrabee, of Wisconsin ; Logan, Morris, and Robinson, of Illinois ; and Stout, of Oregon. These twenty-four northem members were un wUUng to give Uberty to the slaves of that territory. But the biU passed the House of Representatives by a majority of seven votes. A bUl from the Senate to prohibit the African slave trade was sub jected to a protracted debate in the House. That provision of tbe bill wMch authorized the support of the recaptured -victims of that com merce for a certain time after being rescued from the slavedealers was objected to as -tmconstitutional ; but it passed the House by 122 votes to 56 against -it. On aU questions touching slavery, slaveholders appeared to graduate 442 AN IMPOETANT BILL DEFEATED. their moral principles by the latitude in which they Uved. Thus, in Maryland, Kentucky, and Missouri most slaveholding members voted to aboUsh the African slave trade, whUe those from South CaroHna, Georgia, Alabama, Mississippi, Louisiana, and Texas, usuaUy voted against every attempt to put down that pfratical traffic. . ^gjg , A bUl providing for the general organization of territorial gov ernments, excluding slavery therefrom, was debated for some time in the House of Representatives ; but Mr. Thayer, of Massachusetts, elected as a RepubUcan, united vrith Mr. Douglas and his foUowers to prevent any action on this subject, and by the assistance of those caUed Conservatives defeated the biU. The perseverance with which the slave power always pressed the claims of southem men for the loss of slaves was well iUustrated during this session. In 1814, General Jackson entered -west Florida with- his army. He was foUowed by a class of desperadoes who stole negroes from the inhabitants ; but no one then pretended that Govemment was in any way responsible for these acts. In 1818, General Jackson, in prosecuting the" first Seminole war again invaded Florida, and in order to support his army, took posses sion of all provisions which fell in his way. By the ninth article of our treaty -with Spain, in 1820, the American Government agreed to indemnify the Spanish officers and inhabitants of Florida for such injuries as they had sustained by the late American army. There was at that time no doubt entertained in regard to this stipulation ._ All appear to have imderstood it as applying to the hte army, or the army of 1818. But the people who had lost slaves and property in 1814 soon after applied for indemnity, and their clauns were rejected. They then peti tioned Congress, but obtained no relief They next caUed on the Trea sury Department, and Mr. Woodbury, Secretary of the Treasury, was saiid to have decided favorably upon this class of claims, and that some ten thousand dollars were paid on them before he learned that they had been previously rejected. The claunants agam called on Congress, and the memorials were referred to the Committee on " Indian Affafrs," who made an elaborate report^ with a bUl for thefr payment. But when it came up for investi gation, fri 1843, Mr. Adams gave such an 6xpos^ of its demerits that only thfrty-three members voted for it. After the lapse of a few years they were presented to the Court of Clauns, where they were again rejected. But now, after forty-six years had gone by, they were presented to the Senate, and a very elaborate DEFEAT OP ME. BLAKE's EESOLUTION. 443 report was made in favor of paying them. There was, however, strong opposition to the biU, which was postponed to the next session.* Mr. Blake, of Ohio, presented to the House a preamble and resolu tion, in the foUovring words : " Whereas, Tbe chattelizing of humanity, and holding of persons as property, is contrary to national justice and the fundamental principles of our poUtical system, and is notoriously a reproach to our country throughout the civilized world, and a serious hindrance to the progress of repubUcan liberty among the nations of the earth ; therefore " Resolved, That the Committee on the Judiciary be instructed to in qufre into the expediency of reporting a bill giving freedom to every human being, and interdicting slavery wherever Congress has the con stitutional power to legislate on that subject." This resolution was resisted by every member from the slave States, and by Messrs. French, of Maine ; Thayer, of Massachusetts ; Barr, Briggs, John Cochrane, and Kenyon, of New Tork; Campbell, Florence, Hickman, Montgomery, Morris, McKnight, McPherson, MUIward, Schwartz, and Scranton, of Pennsylvania ; Riggs and Nixon, of New Jersey ; Allen, Cox, Martin, Trimble, and VaUandigham, of Ohio ; Davis, Dunn, Hughs, and Niblack, of Indiana ; Fouke', Logan, Morris, and Robinson, of Illinois. The resolution was in exact accordance vrith the platform to which every true Republican was committed ; yet out of the one hundred and seventeen Republicans who voted for the Speaker only sixty, or Uttle more than half the real number, voted for this resolution ; and it was defeated by one hundred and nine votes in the negative. This want of harmony among the Republicans grew out of the dif ferent opinions entertained by the members. Men who had long acted with the whig party, under the conviction that its poUcy and principles were correct, found themselves abandoned by thefr associates with whom they had long acted, and were constrained to unite with Republicans or remain isolated from political society. Coming into the republican organization, they sought to change the party with whom they united rather than admit that they had been wrong fri former times. Another class were office seekers. They had opposed the repubUcan organization untU they saw its success was inevitable. They then joined it ; but this occurred as it were at the eleventh hour, and they could not assume a leading position whUe admitting themselves , to be foUow- * Probably the secession of the slave States saved the Treasury from the eventual payment of these claims. 444 DIFFICULTIES IN THE EEPUBLICAN PAETT. ers. These men were desfroiis of adopting some other policy, m order that they might lead in its support. They sought to draw off pubUc attention from the great issue which had been formed between the RepubUcans and Demo crats, upon the primal truths of the Declaration of Independence ; not because those doctrfries were wrong, but for the reason that they had mt led in thdr avowal, AU these men beUeved the people too ignorant and too depraved to maintain a free and just government. They asserted and constantly maintained that wrong, injustice, corruption, and crime were necessary to support any form of government. This theory charac terized the democratic party. They held it was necessary to maintain slavery and tbe slave trade in the District of Columbia in order to sup port the Union. Mr. Clay and Mr. Webster, Mr. FiUmore and his Cabinet, all held that it was necessary for northern men to seize and retum to slavery those who were fleeing to a land of Uberty. This out rage upon human nature was perhaps the most revolting crime which men could commit against their fellow-men; 'yet leading Whigs and lead ing Democrats asserted that it was necessary that the people of the free States should commit it in order to save the Union. The friends of liberty saw clearly that their danger arose from malcon tents within the republican organization. They had no fears of the demo cratic party. They were open and frank in the avowal of poUtical crimes, and reflecting men knew that all honest, patriotic adherents of truth and justice must oppose them so long as the then existing issue was adhered to. The author was then in private life, but he saw clearly 'the efforts making to modify the issue between the Democrats and RepubUcans in order to render it less distinct. To meet those efforts he sought the appointment of delegate to the Chicago Convention for nomi nating President and Vice-President. He said pubUcly that his object was to induce the repubUcan party to adhere to its doctrines, to stand firmly npon the issue which had been formed. On reaching Chicago, he found a large haU where thousands were convened. Other speakers argued in favor of thefr respective candidates, but the writer at once avowed that the maintenance of principle should constitute the object of the convention. That parties were a deception when they ceased to represent principles. That aU ought to support the doctrhies enunciated in the Declaration of Independence, and repeated by the Re publicans at tbe PhUadelphia Convfention. He also made known to the delegates of his State that he wished to serve on the Committee of Re solutions, as he had done at PhUadelphia when the party was formed, DIFFICULTIES IN THE EEPUBLICAN PAETT. 445 and that his object was to induce the committee amd the convention to adhere to republican prindples. But the delegation appointed another gentleman who had not been kno-wn to the pubUc as an adherent of these principles. The committee reported a series of resolutions declamatory in thefr character, assailing the democratic party, and disapproving tbe extension of slavery into free territory, but entfrely omitting aU reference to the elementary truths enunciated in 1856. The report being read, the author proposed an amendment, reasserting the " self-evident truths " of the Declaration of Independence. Its adop tion was opposed by Mr. Carter, of Ohio ; Mr. Thayer, of Massa chusetts ; and a gentleman from Indiana. . But no other member rose to sustain the amendment, and it was rejected. UnwilUng to sit in a convention that hesitated to reassert the primal truths on which the Government was founded, the author left the haU. As he went to his lodgings, gentlemen from different States accompanied him, wishing to have another convention called of men who would abide by ihe dodrines of the Government. But while conversing on the subject, Mr. Curtiss, of New Tork, offered, substantially, the same amendment, and sustained it by an able speech. Mr. Nye, of that State, also sup ported it, and it was adopted ; and, on being informed of this fact, the author and his friends resumed their seats in the convention. As these movements stand connected with impertaut historic ^^.^^ events, it is deemed proper to place them in detaU before the reader. Among aU the candidates for President, only one had been numbered among the advocates of freedom previous to the convention at PhUadel phia in 1856. Mr. Chase, of Ohio, had been an early advocate of human rights. As it was evident that the RepubUcans must succeed, the friends of the various candidates urged the claims of their favorites, and aU were anxious to pledge themselves and thefr candidates to stand by the doc trines of the party. But men had arrayed themselves so strongly in favor of one and against the others, that it was found necessary to select one against whom 'there was comparatively Uttle pr^'udice. Mr. Lincoln, of Illinois, was nominated. He was literally a self made man, a native of Kentucky, possessing an intellect of unusual astuteness, and of unim peachable integrity. He had served one term in Congress, but was eviflently destitute of that experience in public- life which was neces- sar.f to qualify a man for the Presidential office. His early training and habits of thought had led hun to believe the slaveholder had some moral 446 NOMINATION OF ME. LINCOLN. or legal right to the services of his slave ; and although an eloquent advocate of Uberty, it appeared difficult for him to beUeve that the right to Ufe and Uberty had been bestowed on black men equaUy with the white race. But from his candor, his frankness, and integrity, the anti-slavery men had confidence that he would respect thefr principles in due time. ^ , In all former presidential elections, members of Congress had given, direction to the pubUc mind in regard to candidates. But Mr. Lincoln had very little congressional support, and his nomination was received in Washington with wonder and surprise. But the members generaUy sup ported him. The importance of this election did not consist so much in the devo tion of the repubUcan party to the great doctrines of Uberty, as in the fact that the nomination and election resulted from the independent action of men who reftised to be controUed by the slave power. Pro bably hundreds of thousands voted with the repubUcan party under the expectation of success, caring little for the slave. The democratic party, as had been foreseen, could not effectuaUy re sist the power of moral principle. Southern members of the party were anxious that the slaveholding constitution of Kansas should be received by Congress, and the State admitted without submitting the adoption of it to the people of the territory. Northern leaders saw clearly that such policy must result in the overthrov^ of their organization. Southern statesmen demanded that Congress should legislate for the protection of slavery in the Terri tories. The northem members , refused to adopt that doctrine, urging that the people of the territory may either admit or reject slavery, as they pleased. Thus was the party divided, and when thefr delegates assembled at Charleston for the purpose of nommating candidates for President and Vice-President, they were unable to agree upon a platform of prmciples, and separated into different conventions, and nonunated different candi dates. The northern portion of the party united on Mr. Douglas, and those of the South on Mr. Breckinridge. This division of the demo cratic organization left no doubt of thefr defeat, and the election of Mr. Lmcoln was rather a matter of form than the solution of a doubtful question. I860.] ^® ®^^^® 'poTjev, by the exercise of its influence, had elected Mr. Jefferson in 1800, and had dictated the election of every subsequent President up to that of Mr. Lincoln, in 1860, except that of Mr. Adams, in 1824. And in the election of Mr. Adams the question THB FOECE OF TEUTH TEIUMPHANT. 447 of slavery was not distinctly involved, nor was he elected in opposition to the slave power. Bnt now the victory was obtamed by the force of trath operating upon the popular mind. During the canvass there was no- poUtical strategy, no disguising of principles, no subterfuge, no metaphysical theories to deceive or mislead the people. It was achieved by the open avowal and undisguised maintenance of "self evident traths." The result constituted an era in Christian statesmanship. The old theory of poUticians had been discarded. The dictation of the slave power had been repudiated. The Govemment was to be regenerated and redeemed, when the existmg Admimstration should close its consti tutional term of service. 448 PEEPAEATOET MEASUEES FOB EEBELLION. CHAPTER XXX STATE OP FEELING AFTER THE ELECTION — ^OFFICIAL MENDAClTT OF PRESI DENT BUCHANAN FEELINO IN CONGRESS — FE0POSITION3 OF ME. CErriEN- DEN WTTHDEAWAL OF SOTITH CAKOLINA^HEK DECLARATION OF CAUSES — SHE SENDS DELEGATES TO WASHINGTON A CONVENTION OF DELEGATES FROM THE FEEE AND BORDER STATES INAUGUEATION OF THE EEBELUOIT AND CLOSE OF THE DEMOCRATIC ADMINISTRATION. jgg. , The expectation that the Republicans would elect thefr candi date to the Presidency, had led several of the southern States to take preparatory measures for inaugurating the rebelUon ; but when the result was known, the pending storm appeared to gather more rapidly. Congress was about to assemble, and in order that South Carolina should not be misunderstood, her two Senators resigned thefr positions, and refused to take seats in the body of which they bad been members. Govemor Letcher, of Virginia, in his message to the Legis lature, declared that the administration of Mr. Lincoln could not and would not be submitted to. Mississippi, Alabama, Georgia and Florida also began to make pubUc demonstrations in favor of rebelUon. At the reassembling of the twenty-sixth Congress, the members found themselves surrounded by novel and interesting cfrcumstances. The voice of the people had been uttered In favor of equal rights, and equal justice to all men. They had emphaticaUy repudiated the heathenish dogma that " black men have no rights that white men are bound to respect." Nor was this vote of the people less a repudiation of the men who held such barbarous doctrmes. It was quite obrious that the poUcy of sustainmg slavery could no longer control the Government. States men of experience, lookmg through the vista of coming events, read the doom of oppression, which now appeared to be -written upon the moral world around us. But a hallucination appeared to have seized upon the southern mmd. The advocates of slavery constituted the only persons m exist ence who believed that slavery could survive a civU war : yet they appeared to think that insurrection alone would sustain the institution. They insisted, however, that the free States had always yielded to the demands of the South, and that the people of the North'wonld give up the administration of government to southem hands rather than see the THE CHANGE IN THE PUBLIC MIND. 449 Union dissolved. No southern man appeared to have the least idea that the people of the free States would ever meet them in armed hostiUty, rather than surrender the Government and thefr hberties to the keeping of slaveholders. Indeed, northern Democrats and some northem presses proposed that the RepubUcans should give up the administration of government to southem oUgarchs, and that the President elect should quietly retfre to private Ufe. Old men who had long served in the whig and democratic parties were astonished at the change. They had never dreamed that there was an inherent, immutable.power in trath and justice. They felt that Messrs. Clay, and Webster, and Cass, and Calhoun, and FiUmore, and their associates, were traly the greatest men, and the ablest statesmen of the world : That under thefr influence, the interests of slavery had controlled the Government, in its days of apparent prosperity : they saw no evUs in the fugitive slave act, nor in the slave trade, or in slavery on the high seas, in the District of Columbia, or in our Territories. They believed it necessary to sustain the slave trade to pay the debts of Texas, to wage a war with Mexico and butcher her people, jn order that we might prosper ; and they were overwhelmed vrith surprise that the people should desire a change of policy. Nor was this feeling uncommon. It pervaded aU classes to a greater or less extent ; even professed RepubU cans were unconscious of the responsibUity now thrown upon their party. President Buchanan was an old man. He had served during his poUtical Ufe in the democratic party, and was supposed to truly repre sent the voice of those who continued to act -with him. In his annual message, he caUed attention to the disaffection of the South. With mendacious effrontery he asserted that the hostUity of the South had arisen from " the long continued and intemperate interference of the northern people with the question of slavery in the southern States." This assertion had been so often put forth by irresponsible poUticians and members of Congress that the President, although con scious of its falsity, did not probably think it would be exposed : but he ' as wed as the writer had long moved in pubUc life, and must havfe known that no member of Congress, or pubUc man, or man of character, had ever offered or presented a resolution, or bUl, or memorial, or speech, or proposition to interfere vrith slavery in the States. The author speaks with some eamestness on this subject : conscious that for many years he was regarded as the most radical, the most ultra- republican and anti-slavery man who served in Congress, he appeals to the records of that body as showing conclusively that at all times, under aU circum- 29 450 VARIOUS EFFOETS TO SAVE THE UNION. stances, he denied for himself and friends the constitutional power to interfere in time of peace with the institution in the States. Bnt this declaration of the President greatly encouraged southem rebels, as it led them to cherish the expectation that the democratic party would unite -with them in carrying out the rebeUion. "*¦ Soon as the message had been read in the House, Mr. Boteler, a slave holder of Virginia, moved to refer so much of it as related to the perilous condition of the country to a committee of one member from each State. The motion prevaUed by a vote of 145 in the affirmative to 38 in the negative. Unfortunately the Speaker, through timidity, or from not knowing the character of .the members, appointed at the head of this important .committee Mr. Corwin, of Ohio, who had served in Mr. FUlmore's .¦Cabinet ; and had ever approved and advocated the fugitive slave act, and aU those measures of Congress in favor of slavery, which were so offensive to the lovers of Uberty ; and a large majority of the committee were either slaveholders or supporters of the slaveholding policy. They made several reports, one of which waS in favor of a more stringent fugitive slave enactment, and for the adoption of further compromises on the part of the free States, which, although rejected by the House, served to increase the confidence of southern men that the northern people would surrender to the demands of the South. The Representatives and Senators of Vfrginia, -with an afr of importance, now proposed to act as mediators between the North and South, in order " to save the Union!' But every suggestion coming from them, merely indicated that the people of the free States should make further sur renders, and give further guarantees to slavery. To these suggestions northern Democrats generaUy assented, whUe RepubUcans listened to them in sUence. Various propositions were offered to the consideration of the Senate and of the House for amending the Constitution. Some proposed to divide the territory, and make it the duty of Congress to support Uberty north of a certain line, and slavery south of it. Some proposed to amend the Constitution, so that the United States should pay the owners of fugitive slaves the value of those who should escape, thuS taxmg the people of the free States to support slavery. Others proposed to pay the master from the funds of the State to which the slave might flee. But every proposition for amendmg the Constitution or laws, had for its object further surrender of northern rights. That which attracted most attention and commanded most influence, was presented to the Senate by Hon. John J. Crittenden, of Kentucky. He proposed MB. .GErrTENDBai's PEOPOSITIONS. 451 such an amendment of the Constitution as would establish slavery south of 36 deg. 30 min. north latitude, and mauitain freedom north of that line. i 2d. That Congress should have no power to abolish slavery in any place under its exclusive jurisdiction ; should not interfere with slavery or the slave trade in the District of Columbia while the State of Mary land should continue the institution : And that the owners of slaves might transport them from one State to another by lamd or water. This would give them the right of transit through the free States, and in fact would render every State a slaveholding government. 3d. That payment of the value of fugitive slaves should be made from the pubUc treasury whenever they should be rescued or assisted to escape. These propositions were in most suignlar contrast vrith tbe President's message, in which he asserted that all which the slave States demanded was " to be let alone." WhUe these false assertions of the President were before the two Houses of Congress, every proposition from members re presenting slave. States or from northem Democrats, demanded further concession, further yielding of northern rights, further support of slavery from the northem people : Every proposition was in direct antagonism with the essential principles of Uberty and justice set forth in the Decla ration of Independence ; and not one of them could be adopted and car ried into effect vrithout overthrowing the vital doctrines on which the Government had been founded. On the 21st December, the Representatives of South Carolina, .^^^^ by a written communication addressed to the Speaker of the House of Representatives, announced that the people of that State had resumed the powers delegated to the Federal Government, and took final leave of Congress. In professing to withdraw from the Union, South Carolina, through her convention, asserted that by the compact expressed in the fourth article of the Constitution, the several States stipulated to retum fugi tive slaves ; that fourteen of those States had faded to perform thefr several covenants in this respect : Tet every Senator and Repre sentative of that State had voted in favor of exercising the ungracious task of capturing and returning fugitive slaves by the Federal Governr ment. Indeed, the then existing fugitive act was reported by Sena tor Butler, of that State, and the Supreme Court, in accordance ¦with southem views, had decided that aU State laws on the subject were' void. This failure to capture and retum fugitive slaves by northern citi- 452 CAUSES OF THE SEPARATION. zens How constituted the leading and principal cayse avowed by South CaroUna for dissolving the Union which her people had sworn to support. The next cause assigned was, that the people of the free States de nied the right of property in human flesh : and the assertion of this principle, taught by Christianity, enforced by pur Declaration of Inde pendence, and emphatically asserted by the Constitution, was proclaimed by the people of South CaroUna as sufficient cause for separating from the Government instituted by our fathers. The next cause assigned was the agitation of the slave question by the people of the free States. Perhaps nothing better Ulustrates the feeUng of despotism which ruled our slave States, than this idea of de nying to northern people the right to speak their sentiments on aU moral and political questions. The right had been most solemnly guaranteed by the Constitution, whUe its exercise furnished South Carolina with a supposed -rindication for separating from the Union. The nexi; and last cause of complaint was, that some of the northern States had elevated to citizenship persons (blacks) whom the people of South CiroUna declared were incapable of becoming such under the Constitution. This assertion, however, was sustained alone by the dicta of slave States, for surely the Constitution of the United States had made no distinction on account of complexion. Not a word, or sentence, or thought in this declaration of causes which impeUed South Carolina to the separation, has allusion to any subject but slavery. No other sub ject was alluded to as furnishing any cause of complaint : And it is be lieved that this constituted the first instance in the history of the world where a people have re-volted against a government on accou-nt of its deeo- tion to liberty. None of the other seceding States based thefr vindication upon any other than this general charge : that the people of the free States had been and were opposed to the despotism of slavery. Representatives and Senators from all the cotton-growing States, now held towards the Government the language of defiance and in frequent instances that of contempt. Northern Representatives appeared, paral ized under these insane demonstrations : WhUe northern Democrats and members caUing themselves Conservatives, were active in their efforts to adopt such measures as the advocates of slavery demanded. In perfect keeping with the doctrine that frauds and crime are neces sary to support governments, it was at this time ascertained that the Indian Trust Fund had been robbed hj the action of the Secretary of War and the Secretary of the Interior, of some eight hundred thousand dollars ; but • this gigantic peculation seemed to have no SECESSION EE8I8TED BT FOEOE. 453 influence in attaching those who committed it to the support of the Government. Several individuals now appeared in Washington, claiming to be a delegation from South Carolina, openly proposing to treat with the Pre sident for the surrender of forts and arsenals belonging to the Federal Government situated upon the coast of that State. Instead of unpris- oning these traitors, the President entered into a written correspondence with them, surrendered up to the people of South CaroUna forts, arsenals, custom-houses, and post-offices situated within the jurisdiction of that State. He also permitted the Secretary of War to transport arms, ammu nition, and the paraphernalia of war, from northern arsenals to those of the South, and they were deUvered to the custody of men known to be engaged in treasonable designs against the Government. These acts were so flagrant that Secretary Cass, finding his own repu tation in danger by his association with the Executive, resigned tbe Treasury Department, refusing longer to be identified with an Adminis tration which he had assisted to elect, and with which he had been asso ciated from its inauguration. An order from the Secretary of War for tbe removal of some seventy pieces of ordnance from Pittsburg, Pennsylvania, to Mississippi, was resisted by a popular demonstration in that city. Tbis constituted the first manifestation of force in resisting the progress of rebeUion. But in consequence of this display of the popular feeUng the order was revoked, and the guns remained in Pennsylvania. While these scenes were being enacted, Mr. Bingham, of Ohio, faithful to his Govemment as well as to his own reputation, intro duced a resolution instructing the select committee of thirty-three, appointed nnder Mr. Boteler's resolution, to report to the House such additional legislation as they might deem necessary to put down the rebdlion. ^ Mr. Morris, a Democrat, of IlUnois, offered a proposition that tbe members unite in a solemn assertion of thefr devotion to the Govern ment : And Mr. Hutchins, of Ohio, offered a resolution for protecting the free blacks of northem States from being enslaved by the people of the South. But none of these propositions were debated or voted upon. Indeed, the House appeared unwUUng to debate or vote upon any pro position that did not contemplate further surrender of northern honor and northern mterests. Nor was the Senate either idle or silent. Soon as the message of the President had been read, Mr. CUngman, of North Carolina, responded 454 CONFLICT OP OPINION. that its tone was eminently patriotic : But he asserted that the President elect was a dangerous man, and declared that he had been elected be cause he was dangerous. . He spoke of the inevitable rale to which the repubUcan organization was destined, and asserted that the South could not endure the admmistration of any man elected upon the principles enunciated by that party. He made no complaint of the past ; but assured the Senate that un less tbe people of the North should give further guarantees in favor of slavery, several slave States would be out of the Union m ninety days. He was a bold man, and usually stated the position of the RepubUcans candidly, and made no scruple in demanding further guarantees of tbe North for the slavery of the South. Indeed, most southern mem bers were frank and apparently honest in demanding that the North should sustain thefr institutions, whUe to the President and other north ern men they left the unenviable task of misrepresentation on this subject.^gg(j , On the following morning. Senator Green, of Missouri, offered a resolution proposing an armed police to be stationed along the line separating the slave and free States, for the efficient execution of the fugitive slave act, and to preserve the peace. In debating this resolution. Senator Green boldly maintained that tbe proximate cause of the rebelUon consisted in consecrating the soil of CaUfomia to freedom, after it had been acquired for the purpose of extending slavery. He asserted the opinion that the platform on which the incoming President had been elected was in direct conflict with the Constitution, and read a letter from Senator DooUttle to a friend, saying, " the election of Mr. Lincoln was indeed a great triumph ;" that we should " have no more congressional slave codes, no more slave territory, no more slave States," and the honorable Senator regarded these expressions with peculiar horror and bitterness. • Mr. Hale insisted, that when analyzed, the President's message was found to contain three propositions. 1st. South CaroUna has just cause to secede. 2d. She has no right to secede. 3d. The Governmeut has no right to prevent secession. He declared, however, that the move ments of the South meant war, and that the Senate ought to look the subject full in the face, and prepare to meet it. He characterized as traitors those northern editors who were sustaining southern secession, and asserted vrith great force that all pretence that the North had fur nished any cause for secession was false and slanderous, thus exposing the mendacity of the annual message ; and, with becoming dignity, he SLAVEHOLDINa" AEEOGANCE. 455 hoped that the inconung President would maintain the doctrines on which he had been elected.* Mr. Brown, of Mississippi, asserted that if there was to be war, the North must make it, as the South would not.f Senator Iverson, of Georgia, regarded the general hostiUty to slavery which existed among the people of the North as utterly prohibiting aU attempts to preserve the Union ; and declared that the repeal of " per- sonp,! Uberty bUls" by northern Legislatures, or other concessions, would not induce the South to remain longer in the Union. But he asserted there would be -no war, and aUuded in offensive language to northem cowardice.J Mr. Powell, of Virginia, as weU as Mr. Crittenden, appeared to think that the Union coiUd only be preserved by so amending the Constitution as to change the essential character of the Government, making it a slave-sustaining confederation, instead of adapting its energies to secur ing liberty ; and he proposed an amendment that would secure the right of properiy in slaves ; beUeving such amendment necessary to save the Union. To this Mr. Iverson, of Georgia, repUed that Vfrginia was deeply interested in preventing secession ; for if the cotton States seceded, Virginia would find no market for her slaves, without which that State would be ruined. To these remarks neither Mr. PoweU nor his colleague took exception.! The arrogance and self-importance of Senators representing cotton- growing States increased in proportion as northern members expressed an anxiety to save the Union. Thefr superciUous bearing was well Ulustrated by Mr. Wigfall, of Texas, who, alluding to the contemplated rebeUion, spoke in the Senate as foUows : " / say Cotton is King, and that he waves his sceptre not only over these thfrty-three States, but over the island of Great Britain, and over Continental Europe. And there is * This Is beliered to be the first assertion in the Senate, after the election, of a determination to sustain the doctrines on which Mr. Lincoln had been elected. t This was said to have been the agreement between northern and southern Democrats ; that the South would not coTnimence hostilities, and that noi-thern Democrats would prevent Republicans from shedding blood. And the nortborn democracy subsequently complamed that by commencing a cannonade on Fort Sumter, the South violated their compact. t General Cass was, perhaps, better acquainted with the views and feelings of southern Demo crats than any other northern man. After the -rebellion broke out, he declared to the writer his conviction that the South would never have rebelled if they had entertained the belief that the uorthern people would have met them in arms. § Virgmia at that time was receiving a greater Income &om the rearing and selling of slaves than from any other object of Industry ; indeed, many Virginians computed the income from the sala of slaves greater than that derived from all other sources. ( Tide Debates in her Convention ol 1832.) 466 SOUTHEEN GEIEVANOE,g STATED. not a crowned head upon that island, or upon the Continent that does not bend in fealty and acknowledge allegiance to that monarch." This was an earnest expression of the real feeling of both Senators and Representatives of the cotton-growing States. They really felt that France and England were dependent on them for the important article which constituted thefr staple product. This feeling had risen from the yielding of Great Britain to the demands of the slave power, and com pensating our slave merchants for thefr human chattels lost by being shipwrecked on British islands. France, too, had stood with folded arms and witnessed the annexation of Texas ; and when officially informed that it was done to extend slavery, she did not even utter a protest in behalf of our common humanity. The past policy of the Govemment was now rapidly approaching its culmination. Since 1793, northem politicians and statesmen had yielded their interests, their rights, their honor, thefr constitution, to the de. mands of the slave power. The feeUng of southern superiority had been fostered, flattered, strengthened, and confirmed, untU it was now de veloping itself in open rebeUion. Senator Wade, of Ohio, cooUy and firmly met the threats and super ciUous declamation of Messrs. WigfaU and Iverson, saying that the con test would be nothing more than the world had often witnessed ; it would be merely a trial of strength between the loyal and the rebelUous States ; that one party would be victorious, and the other would suffer defeat. As to the doctrines of the republican party, which had been denounced as unconstitutional, and under which it had been said the South could not Uve, he would merely say they were the doctrines of Washington and Jefferson, and their associates, in founding the Govem ment, which was organized upon these principles ; and he desfred to understand definitely the acts of which the South complained. To this call of Mr. Wade, Mr. PoweU, of Virginia, responded that Govemor Dennison, of Ohio, had refused to deUver up to the Executive of Kentucky a man charged with stealing negroes. This language was understood to mean nothing more and nothing less than assistmg slaves to escape from bondage, which was regarded by the Christian world as an act of humanity, and no crime. Tet Mr. PoweU, and slaveholders generaUy, believed that whatever the Legislature of a slave State should see fit to declare " cri-me," the'Pederal Government was bound to regard as coming vrithin the constitutional provision concerning "felony." Nor did Mr. PoweU stand .alone iu thus basing his vindication of the rebeUion upon gross errors of constitutional law, as aU action of Con gress involving the people of the fr'ee States in the expense and dis- NOETHEEN PUSILLANIMrrT. 467 grace of sustaining slavery was ob-riously unauthorized and unconstitu tional. The northern mind was not prepared for the bold attempt now mak ing to destroy tbe Union. From the adoption of the Constitution, com plaints had been made that slave-catchers from southern States had kid napped free colored persons in the northem portions of the Union. These complaints were for many years presented to Congress, but the memoriaUsts received in answer dfrections to apply to their several State legislators, whose duties requfred them to protect thdr own people. Ac cordingly, several northern States enacted laws for the protection of thefr free colored citizens. These enactments were now assailed by the successors of those members of Congress who had advised their enact ment ; and several of the free States, in consequence of denunciations of southern men, changed their position, and in derogation of thefr awn dignity, repealed the laws which protected the rights and hberties of colored citizens born among them. These acts of northern Legislatures strengthened the advocates of slavery in the conviction that the entire North would surrender every point which the South demanded. Southern agents in England and France assured tbe people of those govemments that there would be no war in the United States ; and this opinion was very generaUy enter. tained by pubUc men in England, who could not believe that after such long forbearance the people of the free States would make resistance to the demands of the slave power.* Men now saw that every argument and every effort in favor of yield ing up northern interests, northem independence, and northem honor, to the demands of the slave power, under the specious plea of saving the Union, had contributed to its dissolution, by leading southern men to beUeve the northern States were entfrely subservient to the interests of the South. On the 12th January, the Representatives from Mississippi, by ^gjj a written communication addressed to the Speaker of the House, informed the country that thefr State had withdrawn from the con federacy ; but on the 14th, Mr. Brown, of that State, informed the Senate that he and his colleague had not received official notice of the withdrawal of their State ; but they would no longer participate in the business of tbe Senate. , Georgia, Alabama, Florida, and Louisiana, now followed these exam ples of secession which were rapidly precipitating the nation into civil war. * This remark is made upon thc authority of intelligent Englishmen, with whom the author met in tbe years 1861-3. 458 AMENDMENTS TO THE CONSTTTDTION PEOPOSED. On the 28th January, the President communicated to the two Houses of Congress resolutions of the State of Vfrginia, proposing a convention of delegates from the various States to meet in Washington City " for the purpose of agreeing upon such compromises as were consistent with the Constitution, so as to afford the people of the slaveholding States ade quate guarantees for security of thdr rights!' Tbis suggestion of a convention unknown to the Constitution was itself revolutionary. But the caU upon the free States to give security for thefr abiding by the Constitution was regarded by men of spirit as. insulting to their dignity. Yet some of the executive officers of free States were so anxious to exert every instmmentaUty to save the Union, that they appointed delegates, and finaUy aU the free States yielded to this superciUous caU of Vfrginia to appear in national con vention to consult on such further guarantees for the support of slavery as would satisfy those States who had afready proclaimed their departure from the Union. And whUe South Carolina was actuaUy gathering and disciplining her army, erecting fortifications, and preparing for hostUities, delegates from the free States gravely met ia convention at Washington City, to consult on such further humiliation as would satisfy tbe demands of the slave power. The character of a majority of the delegates to this convention was well illustrated by the choice of John Tyler, of Vfrginia, to preside over thefr deUberations. His name had become odious to the lovers of liberty from his efforts to obtain compensation for the slavedealers who lost thefr bondmen oa board tbe " Creole," in 1840, his approval of the gag-rules, his apostacy from the party who elected him, his labors in frtvor of the annexation of Texas, and his uniform devotion to slavery. By the selection of such a man to preside over its proceedings, the convention lost all prestige, and after several weeks a majority of its members advised the regularly constituted Congress to recommend the State Legislatures to agree to such amendments- of the Federal Constitution as would secure the master a compensation for his fugitive slave when assisted to escape, or when rescued : To estabUsh slavery in aU our Territories south of 36 deg. 30 mm., north latitude: To secure the admission of any slave State that may apply to become a member of the Union : To prohibit Congress from aboUshing slavery in the District of Columbia, or the coastvrise slave trade. These pro^iositions were transmitted to the two Houses of Congress for approval, but were rejected unceremoniously by the Senate ; nor were they treated with greater respect by the House of Representatives. Senator Seward had been a candidate for nomination of President ME. SEWAED ON THE QUESTION OF UNION. 459 before the convention at Chicago, and received the highest vote of any candidate except the President elect. From this cfrcumstance it was generally expected that he would be selected as Secretary of State under the incoming Administration. He was regarded as possessing a hjgh order of talents. Durmg the Presidential campaign he had spoken boldly in favor of freedom ; and the advocates of Uberty generally beUeved bun a firm supporter of the doctrmes which all regarded as vital to the 'support of a free govemment. Under these circumstances he was expected to foreshadow the policy of the incoming President ; and great mterest was manifested to hear hhn. On the 12th January, while speaking on the President's Message, he referred to various expe" dients for saving the Union, which had faded. He next refeiTed to the advantages resulting from the " Union," by which term he appeared to refer to the association of States and of the power of their concentrated influence : But he seemed to avoid all reference to the " essential truths," on which the States confederated ; which constituted the moral entity called tbe " Union ;" without which the association would not have been formed and could not have existed. Nor did he speak of the primal- objects and ulterior designs of those who founded the Govern ment. He manifested a strong desfre that tbe States should main tain their alUance with each other ; but he expressed no wish to maiuT tain the essential truths on which the association had been formed. He said, somewhat oracularly, " Republicanism is not Union ; Demo cracy is not Union — Republicanism is subordinate to Union as everything else is and ought to be. Republicanism, Democracy, every other political name and thing — all are subordinate, and they ought to disappear in the presence of the great question of Union, and so far as I am concerned, it SHALL BE so." For seventy years the slave power had endeavored to exclude all democratic, all republican principles from the administration of govem ment, in order to render it a slaveholding oUgarchy. For twenty-five years the advocates of reform had labored to restore the Government to those republican and democratic principles on which the fathers founded it. A party distinctly avowing these doctrines had been formed ; had grown up ; had elected a majority of the Senate and of the House of Representatives. They had elevated the President elect to the highest office of the nation, with the full expectation that he would support the principles avowed by them ; but Mr. Sewsfrd now declared, that so far as he was concerned, these doctrines should be discarded in order to save the Union, which had afready been transformed to an insupportable des potism nnder slaveholding influence. Republicans would not believe 460 THE PEACE CONGEESS AND THE CONFEDEEACT. that he spoke the views and feelings of the President elect, nor would they admit that he intended the ordinary import of his own language. Others were uncharitable. They quoted the language of Mr. Iverson, who had openly declared that there would be no war ; that " the far- reaching satesmanship of the Senator from New York would prevent .a war," and suggested that the two Senators were acting in concert. It is certain that many republican Senators entfrely dissented from the policy enunciated by Mr. Seward ; and this difference of opinion con tinued and became stUl more distinct after that gentleman assumed the duties of Secretary of State. Another point in this address was quite unsatisfactory to Republicans. That party had laid it down as a uni versal principle that every human bemg holds from the Creator an impre scriptible right to live and enjoy liberty. The Supreme Court, on be half of the democratic party, denied this doctrine, saying, " Black men have no rights that white men are bound to respect." Tbis constituted the issue. And Mr. Seward now tacitly espoused the doctrine of the Court instead of the republican principle, saying that the fugitive act was constitutional and ought to be enforced. He further asserted that all State laws which interfered with it ought to be repealed. But these pledges of subserviency to the slave power appeared to have no favorable effect upon southern rebels. Alabama, Georgia, Florida, Mississippi, and Louisiana, proceeded to declare thefr separa tion from the Union ; whUe South Carolina steadUy continued to raise troops, erect fortifications, discipline her army, and make every possible preparation for tbe coming confiict. Early in January hostUities com menced. The steamer " Star of the West," carrying suppUes to Fort Sumter, entered Charleston harbor under the flag of the United States. The rebel batteries on Morris Island opened fire upon her and compeUed her to retum without landing. Bub whUe the rebels were thus firing upon our flag, the "Peace Congress" was engaged in deUberating upon further surrenders and further guarantees to slavery : Indeed, whUe that body was thus engaged, a convention of delegates from the seceding States were actively laboring to form a constitution for the new Con federacy, and organizmg a government so as to combine all thefr forces against the loyal States. This Convention was sitting at Montgomery, Alabama. The support of slavery constituted the first and most prominent feature of the con stitution of thc " Southern Confederacy." It was the first instance m which a people had associated under a written constitution, pledging thefr powers to the support of oppression. Mr. Floyd, the Secretary of War, had sent to Texas ordnance, arras, TWO GOVEENMENTS IN OFEEATION. 461 ammunition and vast miUtary suppUes, under pretence of furnishing the army stationed upon the frontier of that State. As yet Texas had passed no ordinance of secession ; but fearing that these Stores would be reclaimed by the Federal Government, her authorities demanded of General Tvriggs, then in command of the troops, the deUvery of this vast amount of public property to them. General Twiggs was a citizen of Mississippi and a secessionist. He at once surrendered some two thousand troops and four millions dollars worth of miUtary supplies to the commander of a few hundred miUtia of Texas. During the month of February, the Senators and Representatives of Georgia, Alabama, Mississippi, Louisiana and Florida vacated their seats ia Congress, having received official notice that those States had severed thefr connection with the Federal Government. The constitution of the Southern Confederacy was adopted, and six ofthe thfrty-three States were acting under a separate confederacy, and had their army in the field ; four other States were rapidly perfecting thefr acts of secession : and the two hostUe governments were in fuU operation before' the close of th^ democratic administration. For more than half a century the slave power had ruled the nation under the disguise of Democracy. That organization had devoted its energies to the encourage ment and support of slavery. Its members had identified themselves with the institution to such an extent that, when the regime of slavery ceased, the democratic party could no longer maintain its former prestige. Yet its leaders, in thefr bUndness, seized upon the pUlars of the political temple, and disappeared amid the moral and poUtical ruins which they had brought upon the country, leaving to the RepubUcans a dismembered Government and civU war. The rebelUon had progressed thus far at the close of the thfrty-sixth Congress. Yet the RepubUcans of that body made no movement — passed no law, provided no means for suppressing hostUities. The reasons assigned were that it was hoped that the rebeUious States would return to their loyalty ; if the northern States would repeal their per sonal Uberty laws, enforce the fugitive slave act, give further guarantees to slavery, abandon the doctrines of Republicanism and disband that organization, as had been proposed. 462 ME. Lincoln's inaugueal addeess. CHAPTER XXXI. .INAUGURATION OF PRESIDENT LINCOLN HIS POSITION REGARDING SLAVERY — ACTION OF CONGRESS ^HIS PROCLAMATION OF FREEDOM — RAISING OF NEGRO TROOPS, AND A WAB FOB FEEEDOM. The 4th March, a.d. 1861, wiU long mark an incident in the history of tbe United States. A repubUcan President was then inaugurated, and the Government passed into the hands of the party who elected him. Many, very many electors who voted for the incoming President had, since the speech of Mr. Seward, entertained gloomy apprehensions that they were once more to be deceived ; that the new Administration would. surrender the doctrines of the party and become subservient to the slave power. Opponents also boasted that a republican Administration could not guide tbe Government amid the storms and strifes of civU war, wliich now appeared imminent. Yet the President's most intimate friends entertained a perfect -confidence in his integrity. That was the only pledge he had given. His experience in pubUc Ufe had been limited ; he had never enjoyed the opportunity of gi-ring to the nation evidence of liis capacity for the high position to which he had been elected ; yet, the eyes of tlurty milUons of people were upon him, watching every word and every act. In his inaugural he simply reasserted the doctrines of those who elected him in regard to slavery in the States amd in the Territories. With them he also discarded the doctrine that the Supreme Court were to oonstrae the Constitution for other departments of govemment. In relation to the rebelUon he was conciliatory bnt firm. This was looked npon as the great point in his inaugural address. It was regarded as the seminal thought from which all other questions of poUcy must spring. He showed no disposition to surrender any legitimate interest for the purpose of inducing the seceding States to return to thefr loyalty; whUe he stood forth boldly in advance of all his predecessors, demand ing legal protection for northern colored citizens whUe travelUng in the South. But he had not studied the phUosophy of human governments, nor analyzed their powers, so far as to see clearly that neither human laws, nor human constitutions, nor human power, could give to one man, or to COMMENCEMENT OF HOSTILTnES. 463 any set of men, rightful authority over the Uves or the liberties of an innocent and unoffending people. On the contrary, he asserted that the Constitution had provided for the surrender of fugitive slaves, either by the States or by the Federal Govermnent, and he seemed to acknowledge that the framers of the Constitution possessed the legitimate power to impose upon thefr descendants some sort of obUgation to seize thefr fellow-men whUe fleeing from oppression and retum them to bondage. On this point it was evident that his mind had not been led to analyze the transcendent crime of enslaving or of reenslaving innocent persons. Yet the writer would do injustice to Mr. Lincoln were he to omit saying that his inaugural was just what his friends who were best acquainted with him expected. They understood his positions, and in pubUc and in private insisted that the logic of events would bring his mind to the full appreciation of the crimes of slavery. Nor would the writer do justice to the reformers of that day .^ggj were he to omit saying they did not expect Mr. Lincoln to make up his Cabinet from those who had long been pronunent in the advocacy of Republicanism. They only demanded three of the seven Cabinet officers. To that request the President cordiaUy responded : and in compliance appointed Messrs. Seward, Chase and Wells as members of his Cabinet ; whUe Messrs. Cameron, Bates, Smith and Blair were regarded as more conservative in character. To them no objection was made by the advocates of Uberty, as aU beUeved they, too, would come up to the support of truth and jnstice, as events should constrain them to meet the responsibiUties of thefr several positions. With tbis Cabinet, and under these cfrcumstances. President Lincoln entered upon that mighty conflict between freedom and slavery, between justice and crime, which has attracted the attention of the Christian world. The cannonade of Fort Sumter, and the attempted massacre of the Massachusetts troops whUe marching through Baltimore to the reUef of Washington City, aroused the people of the free States to a realization of the fact that they were afready precipitated upon a momentous dvil war. The President issued his proclamation calling for seventy-five thousand troops, under the law of 1795, in order to suppress the rebelUon. In aU parts of the free States volunteers were called for ; compames and regiments were formed, and hm'ried to the field. The attention of all was directed to our armies, and the subject of slavery was apparently forgotten in the all-absorbing interest of existing hostiUties. The battles fought and the victories lost and won during that war wUl long mark an important era in the progress of Christian 464 EEBELR IN ALL DEPAETMENTS OF GOVEENMENT. civUization ; of them it is not the intention of the writer to . speak. That duty must devolve upon some younger, some more ambitious his torian ; but the writer stands pledged to lay before the reader a carefol narrative of the efforts of the Federal Govemment to support, extend, and perpetuate slavery, and of its final separation from that msti tution. jggj , For more than sixty years Congress had legislated for the bene fit of oppression, in direct and unequivocal hostility to the doc trines laid down as the basis of our Govemment. At the tune of which we are now writing, however, a large majority of our statesmen, poUti cians, and people entertained the opinion that there was some vague, some undefined moral or poUtical obUgation resting upon the Govern ment and people of tbe free States to uphold and encourage slavery. It is certain that a majority of the poUticians of the free States, forgetting that our Government had been established for the purpose of securmg life and Uberty to every human soul, reaUy beUeved that they were bound to seize the fugitive slave as he fled from bondage and carry him back to chains aud suffering. In short, they now felt and urged that patriotism consisted in depriving a portion of mankind of those preroga tives which the government had been instituted to secure. This feeling was cherished by adhering Democrats, and by aU that class of men who, having once belonged to the whig party, now refused to unite with the radical RepubUcans. Advocates of oppression were found in aU the States and in aU depart ments of the Government. Many were holding nominal relation to the repubUcan party, and were among the most clamorous appUcants for office. They held seats in both Houses of Congress; and much of the patronage of each House was bestowed on men whose influence was ex erted for the support of slavery. In the executive departments and in the army were men whose sympathies were in favor of that institution. Thefr latent influence was at all times exerted in favor of it, paralyzing the efforts of the President, and of those who were striving to suppress the rlebeUion. Indeed, General Butler, whUe marching the troops of Massar chusetts to the defence of Washington, took occasion to assure the Gov ernor of Maryland that the army under his command would put dovra any slave insurrection that might arise in that State, and that any caU of the Governor of Maryland for troops to be used for such purpose would be promptly compUed with by the officers and men of Massa chusetts. But this voluntary prostitution of the miUtary power of Massachu- ' setts to uphold slavery in Maryland attracted the attention of Governor MoCLELLAN PEOCLAIMS DEVOTION TO SLAVEET. 465 Andrews, chief magistrate of that first commonwealth of New England, who remonstrated with General Butler ; and that officer, acting before the public under such responsibility, saw his error, discarded the claims of slavery, and soon became one of the most distinguished supporters of repubUcan doctrines employed in the mUitary service of the Govern ment. Major-General McClellan, placed in command of the Ohio troops, on entering Westem Vfrginia issued his proclamation mforming the rebels of that region that he and his troops would not only-abstain from as sisting slaves to obtain thefr freedom, but they would crush any insurrec tion of slaves against those who were employed in shooting down our troops : Nor are we informed that General McCleUan at any time changed his mind on this subject. Indeed, officers in command of our troops often employed them in guarding the property of rebels serving in the Confederate army. It was charged, through the public press, that the dwelUng and property of General Lee, fri Eastern Vfrginia, was carefuUy guarded by order of General McClellan, while our sick soldiers ¦were subjected to the inclemancy of the weather, and died without shel ter m sight of that princely residence, preserved from occupation by loyal bayonets. During the vacation of Congress, Virginia, Texas, Arkansas, Ten. nessee, and North Carolma passed ordinances of secession, and united thefr arms vrith those of the States which had previously rebelled. On the 4 th July the thfrty-seventh Congress met, in pursuance ~gjj of the President's proclamation, in order to proride the necessary means for suppressing hostiUties. On caUing the roll of members, eleven States did not appear. The withdrawal of so many slave States left the repubUcan party in undisputed control of both branches of Congress as well as of the Executive Departments. No party had ever been in pos session of such undisputed control of our Federal Govemment. Thefr doctrines commended themselves to the judgment and conscience of the Christian world : Indeed, no Democrat, no slaveholder could be induced pubUcly to take issue upon the principles inscribed upon the repubUcan banners. To deny their doctrines would have been a denial of the essen tial truths on which the Union had been founded ; and no northern man dared utter an argument in favor of the rebeUion, although many secretly favored it. A strange haUucination now appeared to come over the minds of members of Congress. Mr. Seward had declared that " RepubUcanism ought to disappear in the presence of questions touching the Union ;" and so far as he was concemed, he declared it should be so. With 30 466 ME. SEWAEd's POLICY ADOPTED. these avowals he had assumed the office of Premier of the repubhcan Administration. As Secretary of State he instracted our representa tive at the Court of St. James to assure the Ministers of her Britannic Majesty that the President intended to bring back the rebel States with thefr institutions unchanged ; indeed, he insisted that they were to be reinstated in all thefr former rfelations to the Government and to the people of the free States. Upon these official avowals of our own statesmen, European ministers asserted that neither the cause of jnstice nor of Uberty entered into or constituted any part of the objects or motives for suppressing the rebel lion : That as these objects were discarded by our Executive, there could be no other design than merely to hold the southern States m subjection to the free States, contrary to the doctrine of our revolution ary fathers. Mr. Seward was regarded as one of the most profound poUticians of the age. His suggestion for an abandonment of the repubUcan doctrines, the enforcement of the fugitive slave act, and repeal of aU •State laws enacted for protecting northern freemen was in precise. accordance with the desfre of those who adhered to the democratic party, and of aU who were in favor of sustaining slavery. Mem bers of Congress, instead of boldly asserting the doctrines on which they could only hope for vindication — doctrines on which they had themselves been elected to office — and at once providing ample means for suppress ing the rebelUon, proceeded to advise tbe people to surrender those doctrines and to unite cordially with 'men who had ever favored the iprostitution of the Federal power to the support of slavery. „„- On this as on other subjects the writer would do no injustice to any of the public men of that important period of our history. He can only speak with positive assurance of the RepubUcan Senators and Representatives of Ohio. It is certain that they uuited, in a letter addressed to the repubUcan committee of that State, advising them to call a convention of all men, without distinction of party, who were in favor of the Union and of suppressing the rebellion, without asserting any prine^les as the basis of their action. It is also certain that the three large and commanding States of Ohio, Pennsylvania, and New York, no longer adhered to the doctrines proclaimed at PhUadelphia. New En^and, Michigan, and one or two other States, adhered to their integrity, promptly refusing to unite in this poUtical suicide : But in Ohio, Pennsylvama, and New York, men were nominated and elected to office by RepubUcans who had ever sustained the institution of slavery, .and persistently opposed the vital principles of republicanism. They DEBATE IN THE ENGLISH PAEUAMENT. 467 were, however, loudest in thefr protestations for restoring the Union, and anxious to put down the rebelUon by rendering the people of the free States stiU more subservient to tiie slave interest. Northem Democrats were now inspired with the hope that Republicans would surrender the poUtical power which they had obtained after years of toU, and consent that the democratic party should resume control of the Govemment. Messrs. Cobden and Bright, and other members of the British Parlia ment, known to be decided advocates of repubUcan principles, no longer spoke in favor of our efforts in the cause of civUization. The reformers of England and of Europe generally became sUent in regard to the doc trines for which the reformers of our own country had so long and so steadily contended. But while the friends of Christian progress in Europe became sUent on the subject of American freedom, the supporters of aristocracy assumed to speak of American statesmen and the American Govern; ment in terms offensive and arrogant. An extraordinary instance of - superciUous impertineuce deserves a place among recorded events of that day. General Butler was in miUtary command of New Orleans, „ggj having driven the enemies' troops from that city. Many female residents, sympathizing vrith the rebels, so far unsexed themselves as to insult our soldiers while on the pubUc streets. These insults became common, and in order to prevent thefr recurrence, the commanding general issued an order that females who should pubUely insult soldiers upon the streets, should be arrested and punished as " women of the town!' This attempt of a miUtary officer to mamtain order, and command the respect of the people, was complained of by secessionists, and the subject became a matter of grave debate in the British ParUament. Noble lords, standing before the civilized world, gravely debated the pro priety of this order of a miUtary officer concerning ihe lewd women of a rebel city, complaining that such treatment of rebel females of doubtful character, was mhuman and barbarous, a fit Subject for criticism in the legislative councUs of a friendly nation. The efforts of our mUitary officers to capture and return fugitive slaves to thefr rebel masters became so common as to reflect disgrace upon the army. They could not plead either the laws of any State or of Con gress in extenuation of the crime which thus degraded American soldiers. Thefr action was purely voluntary ; and Mr. Lovejoy, of IlUnois, feeling indignant at the disgrace thus brought upon our arms,, 468 VOTE ON SLAVH-CATOHING. presented a resolution declaring that "the capture and return of fugitive slaves constituted no part of the duty of American soldiers." Yet this resolution was opposed by adhering Democrats and pro- slavery members generally. The vote bf the several States was as fol lows, to wit : Maine. Yeas-^Messrs. Walton, Fessenden, Rice, and Pike, . . 4 New Hampshire. Yeas — Messrs. Rollins and Edwards, ... 2 Vermont. Yeas — Messrs. Walton, MorriU, and Baxter, ... 3 Massachusetts. Yeas — Messrs. Eliot, Buffinton, Thomas, Rice, AUey, Gooch, Train, Delano, Dawes, and BaUey, . . . ,10 Connecticut. Yea — Mr; Loomis, 1 Nay — Messrs. EngUsh and Woodruff, 2 New York. Yeas — Messrs. WaU, F. A. ConckUn, Van Wyck, Baker, OUn, McKean, Wheeler, Sherman, Franchot, R. ConckUn, Duell, Lansmg, Clark, Sedgvrick, Pome- roy. Chamberlain, Diven, Van Volkenburg, Ely, Frank, Van Horn, Spaulding, and Fenton, 23 Nays — Messrs. Smith, OdeU, Wood, Haight, Ward, and Steele, 6 New Jersey. Yea — Mr. Stratton, 1 Nays — ^Messrs. Nixon, Steele, and Cobb, 3 Penns-tlvania. Yeas — Messrs. Verree, Kelley, Davis, Hickman, Stevens, KiUinger, Campbell, Hale, McPherson, Blafr, Covode, Morehead, WaUace, Patton, Babbitt, . . . 15{/ Nays — ^Messrs. Cooper, Ancona, Wright, Johnson, BaUey, Lazear 6 Ohio. Yeas — Messrs. Gurley, Ashley, Shellabarger, Trimble, Wor cester, Blake, Cutler, Edgerton, Riddle, Hutchins, and Bmgham, ' 11 Nays — Messrs. Pendleton, VaUandigham, AUen, White, Noble, Horton, Cox, and Nugen, 8 Indiana. Yeas — Messrs. Dunn, JuUan, Porter, White, CoUax, MitcheU, Shanks, f Nays — Messrs. Cravens and Holman, 2 Illinois. Yeas — Messrs. Washburne, Amold, and Lovejoy, . ' . 3 Nays — Messrs. KeUogg, Richardson, McClernand, Robin son, Fouke, and Logan, 6 Missouri, Yeas — Messrs. Blair and RolUns, 2 Nay — Mr. NoeU, 1 Michigan. Yeas — Messrs. Granger, Beaman, KeUogg, and Trow bridge, . . 4. \ VOTE ON FEEEDOM AND CONFISCATION. 469 lowA. Yea — Mr. Vandever 1 Wisconsin. Yeas — Messrs. Potter and Sloan 2 Minnesota. Yeas — Messrs. Aldrich and Windom, 2 Kansas. Yeg. — Mr. Conway 1 Rhode Island. Nay — Mr. Sheffield, 1 Delaware. Nay — Mr. Fisher, 1 Maryland. Nays — Messrs. Crisfield, Webster, Thomas, and Cal vert, 4 Virginia. Nays — Messrs. Whaley, Carlisle, and Upton, ... 3 Kentucky. Nays — Messrs. Burnet, Jackson, Grider, Harding, WickUffe, Dunlap, Mallory, Menzies, Crittenden, and Wadsworth, 10 A bUl confiscating the property of rebels was debated at great length in both Houses, and was so amended as to give freedom to all slaves who should be employed in aiding the rebeUion by erecting batteries, forts, or in digging rifle-pits. This biU met vrith strong opposition, but upon its final passage, members from the various States voted as fol lows : From Maine, Messrs. Walton and Fespenden ; from New Hamp shire, RolUns and Edwards ; from Vermont, Walton, MorriU, and Baxter ; from Massachusetts, Eliot, Buffinton, Thomas, Rice, Alley and Train voted in the affirmative ; from Connecticut, Mr. Loomis voted aye, and Mr. English no ; from Rhode Island, Mr. Sheffield voted aye, and Mr. Browne no ; from New York, Messrs. R. ConckUn, OUn, McKean, Wheeler, Sherman, Franchot, Puell, Lansing, Clark, Sedg wick, Chamberlain, Frank, Van Horn, Spaulding and Fenton voted for the bUl, while Messrs. Diven, Smith, OdeU, Haight and Steele voted against it ; from Pennsylvania, Messrs. Verree, Kellej^ Stevens, Blair, Covode, WaUace and Babbitt voted in the affirmative, and Messrs. Mc Pherson, Ancona, Hale, Johnson and BaUey voted in the negative ; from Ohio, Messrs. Gurley, Hutchins, Ashley, SheUabarger and Bing ham voted for the bill, and Messrs. Morris, Pendleton, Vallandigham, AUen, Noble, Horton and Cox voted against it ; from Indiana, Messrs. Julian, White, Colfax and Mitchell voted in favor of the biU, and Messrs. Dunn, Holman, Porter, Cravens, Law and Voorhees voted against it ; from IlUnois, Messrs. Arnold, Lovejoy and Kellogg voted for the bUl, and Messrs. Robinson, McClernand and Fouke voted against it ; from Missouri, Mr. Blafr voted in favor of the bill, and Messrs. RolUns, Norton and Reid voted against its passage ; from Michigan, Messrs. Granger, Beaman and KeUogg ; from Wisconsin, Messrs. Potter and Sloan ; from Minnesota, Messrs. Aldrich and Win dom voted for the biU ; from Maryland, Messrs. May, Calvert, Webster, 4Y0 GENEEAL FEEMONT PEOCLAIMS LIBEETT. Thomas and Crisfield ; from Kentucky, Messrs. Bumet, Jackson, Grider, Harding, WickUffe, Dunlap, Mallory, Menzies, Crittenden and Wads- worth opposed its passage ; and Mr. Shiel, of Oregon, united with them. The biU passed the House by a vote of 67 to 48. , „., , This enactment became memorable as the first law of Con- lool.j gress, enacted subsequent to ] T87, that gave Uberty to any por tion of the enslaved population of these United States. The legislation of Congress had been in favor of continuing and extending the institu tion since 1793, thereby increasing and strengthening the very crime wMch now struck at the nation's life. Men saw that Messrs. Clay, and Webster, and Fillmore, and Jackson, and Van Buren, and Polk, and Pierce, and Buchanan, had contributed to the existing rebeUion just so far as they had lent their influence to strengthen slavery : it was equally obvious that Mr. Adams and those who acted with him in striving to separate the Federal Government from all support of that institution, had exerted their influence to preserve our Govern ment, and to prevent rebellion. Indeed, members of Congress who a few weeks previously advised the abandonment of the republican principles and party, now voted for this biU, finding themselves con strained to vote for the very doctrines which they had so recently repudiated. Nor did the President hesitate to sign the bill : and Mr. Seward, constituting one of the Cabinet, is supposed to have yielded his approval, as there is no evidence of his having dissented from his associates. The old men of the nation who had long felt the necessity of purifying our Government from the crimes of slavery, now felt that Congress and the Executive had taken a step in the right dfrection ; for they saw clearly that the institution had throttled the Gt)verninent ; that slavery and the Union were fri a death-strug gle ; that one only could survive, while the other must perish. It had been in the' power of Congress to withdraw its influence from slavery, and thereby save bloodshed, untU within the last five years ; but that poUcy was not adopted, and now it was too late, and the life of the nation could only be preserved by the death of slavery. But this was an extraordinary session of Congress, called to proride ways and means for prosecuting the war ; and no further action was had directly affecting slavery untU the reassembUng of that body iu December following. General Fremont, placed in command of the Western Department,. issued a proclamation, emancipating the slaves within his miUtary district. It was a policy which appeared not only just, but necessary. Y'et there was such a strong feeling in favor of slavery among men who GEN. HALLECK EXCLUDES SLAVES FEOM HIS LINES. 471 adhered to the democratic party, and those Whigs who cherished thefr ancient prejudices, and among military officers ; and such were the re monstrances presented to the President, that he issued a counter order, setting aside that of General Fremont, declaring that he had reserved to himself the question of emancipation, by military authority, and would act upon it at the dictates of his own judgment. General Fremont was soon recalled, and General Halleck was appointed to command that department. Aware of the dissatisfaction vrith General Fremont's attempt to give liberty and do justice to the enslaved people of his department. General Halleck issued an order excluding fugitive slaves from the Unes of his army, under pretense that those who thus sought liberty, were in the habit of giving thefr rebel masters information of his miUtary movements. This excuse was not satisfactory to the friends of Uberty, and this order number three of General Halleck became some what notorious, and seemed greatly to impair the confidence which loyal men had reposed in him. During the summer of 1861, most of our .commanding officers occa sionally employed thefr soldiers in sending back fugitive slaves to be sub sequently used by their masters in raising provisions for the support of the rebel army, or of rebel masters and their famiUes. They also em ployed the soldiers in protecting the property of rebels. The wives of officers serving in the Confederate army were in the practice of boldly demanding of Federal commanders a guard to protect them and their property while the Federal army was encamped in the vicinity of their residences ; but General Hunter, commanding the military district of South CaroUna, Georgia, and Florida, issued a general order, declar ing all slaves within those States to be free. This order was said to have created great alarm among the secessionists, who hastily fied from that region ; and it was beUeved if General Hunter had been permit ted to follow up his order by enlisting negroes, he would have sup pressed the rebelUon in his district vrithout calUng another white sol dier to his assistance ; but this order was also set aside by higher authority, because it was offensive to slaveholders and those who sus tained the institution. It was hoped that this undignified respect for the prejudices and the long-cherished crimes of pro-slavery men, would attach them to the standard of Uberty ; and it is believed that -vvhile the Pre sident refused to permit our miUtary officers to strike the death-blow to the institution, many joined the ranks of freedom, while a far greater number were led to beUeve that he wanted the firmness to give the fatal stroke which would lustrate the nation from the contagion of oppression. 472 PEOPOSITIONS TO ABOLISH SLAVEET. The Executive embraced an early opportunity of uniting with Great Britain in a solemn treaty for suppressing the African slave trade. The treaty recognized the principles so long contended for by the British ministry and the American reformers : but the democratic party had been vociferous in opposing every proposition having in view a com bined effort of independent nations for the destruction of that scourge of the human race. That influence having ceased to control the Govemment, measures were soon adopted for placing the United States in an attitude towards the slave trade which became a Christian nation. 1861.] '^^^ thirty-seventh Congress convened on the 2d December for its first regular session. The vacation had given members an opportunity of -vritnessing the operations of the rebels, and of meditating upon the most efficient means for suppressing the widely-extended insur rection which lay before them. European statesmen were charging the attempted revolution to the democratic character of our institutions : But every impartial observer saw most clearly that it was the despotism of slavery which now involved our people in all the horrors of civU war. Men of experience understood that the only mode of restoring peace was to resume and carry out those republican and democratic doctrines which the Secretary of State, and so many members of Congress, had recently advised the people to abandon. At the soUcitation of the slave power, Congress, in 1793, had assumed undelegated authority over slavery, in order to uphold and sustain it : and now, after sixty-eight years of experience, the law of self-preserva tion compeUed that body to exert its powers for the destruction of the institution which it had so long cherished. On the first day of this session, Mr. EUot, of Massachusetts, offered a resolution declaring the right of the President, and of aU miUtaty offi cers commanding departments or districts, to emancipate all slaves vrithin their several jurisdictions. Mr. Campbell, of Pennsylvania, presented a proposition for confiscat ing all slaves of rebels : and Mr. Stevens, of the same State, presented a joint resolution, requesting the President to emancipate by proclama tion the slaves of all rebels, and to dfrect all mUitary officers to carry out such proclamation within thefr several jurisdictions. AU these propositions were more radical than those brought forward by Mr. Adams or by the writer, or by thefr associates m the earUer days of the reformation. They merely proposed to separate the Fede ral Government and the people of the free States from aU support of VAEIOUS PEOPOSITIONS OFFEEED. 473 slavery, leaving the institution entirely vrith the States in which it existed : But the ' propositions now made had in view the destruction of that relation which existed between master and slave, wherever the master was .engaged in efforts to overthrow the Govemment which had protected him. This destruction of slavery had been rendered necessary by the rebellion. Mr. Bmgham, of Ohio, now among the most experienced and ablest members of the House, gave notice of his intention to offer a bUl emancipatmg the slaves of aU rebel masters, and confiscating their pro perty. There is a pride of opinion among men in public and in private life, which renders them generaUy un-wiUing to admit haring cherished politi cal or moral errors : Thns many who had long advocated the support of slavery by Congress, now, from mere pride of opinion, opposed the exercise of legislative powers for its destruction. They also insisted that in dealing with the rebels. Government was bound to act entfrely within the Constitution, and guarantee to the armed foes of the nation the same security which was extended to its most devoted supporters : They contended that neither the President nor Congress possessed any right to aboUsh slavery, even to save the nation's Ufe : And although driven by argument to admit that rebels may be shot, or hanged, with perfect propriety, they denied, with unyielding pertinacity, that their slaves could be emancipated by the just exercise of governmental power. In the Senate, Mr. Trumbull, of Illinois, gave notice of his in- .^^^ tention to introduce a bill to emancipate the slaves of rebels and to confiscate their property. These several propositions called forth much debate, and constituted the principal subjects of discussion during the sessjon. Those persons who held slaves were, in fact, as friendly to free governments now as they had been in former- times. They had not changed their views. They had ever sought the overthrow of those doctrines which recognize the equal rights of all men to life and liberty. Indeed, Congress and the Executive had long practically denied the ex istence of these rights, and had legislated for depriving fugitive slaves, and slaves in the District of Columbia, and on the high seas, of those prerogatives which the Creator had vouchsafed to them : and when northem statesmen changed thefr views and determined no longer to violate those rights, southem men seized the sword, in order to main tam and continue the crimes which the people of the free States refused longer to encourage. On the third day of the session, Senator WUson, of Massachusetts, offered a joint resolution, instructing the marshal of the District of 474 city maeshal aids the eebellion. Columbia to discharge all persons confined in the common jaU of the District, against whom no charge of crime or misdemeanor had been pre ferred : and the Senator showed from official documents that some sixty persons were then held in prison by the marshal, upon " suspidon of being fugitive slaves." Many of these were freemen, born in the northem States, but had engaged in our mUitary service as teamsters, bfficers' servants and nurses for the sick. Of course they were attached to the troops, and under the military protection of the United States ; but they were seized without ceremony by the minions of slavery as soon as they reached the nation's capital, and thrown into prison, where they were detained until the inarshal's fees for arrest and imprisonment wei-e paid, thus aiding the rebeUion by taking efficient men from the service of our army. Others had fled from Virgima, seeking an asylum from bondage within our nation's capital. These were seized and held untU an oppor tunity presented for sending them back to tbe serrice of thefr rebel masters, where they were employed in furnishing provisions for the rebels or in laboring upon rebel fortifications, batteries, rifle-pits, &c. Others were committed by rebel masters to the ja,U for safe keeping untU a sale could be made ; and when the slaves were thus committed, the masters usually left for the rebel army, and contributed their influence and efforts to overthrow the Government, whose marshal had their negroes in safe keeping. jggj , ¦ Members of the Senate exposed these facts, and called on the marshal to state by what authority he thus outraged the Consti tution and the common dictates of humanity. On the same day, Mr. Hutchins, of Ohio, moved a simUar resolution in the House of Representatives, and the attention of that body was caUed to the subject. The marshal was unable to refer to any law for his proceeding ; but asserted that -the practice had long existed : Indeed, the reader vriU recollect that the practice had been eloquently exposed in 1816 by Hon. John Randolph, of Vfrginia, and more recently by different members of Congress. But the marshal, instead of abandomng this moral pfracy, gave orders to the jailer to admit no persons to the jail, unless they should present a written permit from hunself, thus excluding Senators and members of the House from inspecting the pubUc prison : and such was the state of feeUng in Washington City in favor of the marshal and of his piratical course, that the President appeared unwilling to remove him either for his treason or his insolence. But this conduct of the marshal exhibited the barbarism of the SLAVEET ABOLISHED IN THE DISTEICT OF COLUMBIA. 475 metropolis, and aroused a very general indignation among all members of Congress who really desired to suppress the rebellion, and bills were introduced into both Houses providing for the entire aboUtion of slavery in the District of Columbia. These bUls were debated, and thefr passage opposed, and resisted by adhering Democrats and by some professed Republicans ; but the final passage of the bfU through the House of Representatives was effected bn the 11th April, when each member recorded his vote according to his judgment, and as ne wished to be judged by posterity. Messrs. Walton, Fessenden, MorriU,, Rice, and Pike, of Maine ; Rollins and Edwards, of New Hampshire ; Walton, MorriU, and Baxter, of Vermont ; Eliot, Buffinton, Thomas, Rice, AUey, Gooch, Train, Delano, and Bailey, of Massachusetts, and Loomis, of Con necticut, voted for the bill ; but Messrs. English, and Woodruff, of the latter State, voted against it. From New York, Messrs. F. A. ConckUn, R. ConckUn, Van Wyck, Baker, OUn, McKean, Wheeler, Sherman, Franchot, Duell, Lansing, Clark, Sedgwick, Pomeroy, Chamberlain, Diven, VanVolkenburg, Ely, Frank, Van Horn, Spaulding, and Fenton voted for the bUl ; whUe Messrs. Smith, OdeU, Wood, Ward, Haight, and Steele voted against it. From Pennsylvania, Messrs. Verree, KeUey, Davis, KiUinger, Hickman, Stevens, Campbell, Hale, McPherson, Blair, Covode, Morehead, Wallace, Patton, and Babbitt voted for the bill, and Messrs. Wright, Johnson, BaUey, and Lazear opposed its passage. From Ohio, Messrs. Gurley, Ashley, Shellabarger, Trimble, Worcester, Blake, Egerton, Bingham, Hutchins, and Riddle sustained it, and Messrs. Pendleton, VaUandigham, Allen, White, Noble, Morris, and Nugen voted against it. From Indiana, Messrs. Dunn, JuUan, Porter, White, Colfax, MitcheU; and Shanks voted for the biU, and Messrs. Law and Holman voted against it. From IlUnois, Messrs. Washbume, Amold, and Lovejoy sustained the bill, as did also Messrs. Aldrich and Windom, of Minnesota. Potter and Sloan, of Wisconsin, Granger, Beaman, Trowbridge, and KeUogg, of Michigan, and Blafr and Rollins, of Missouri, voted for the biU ; whUe Messrs. Steele, of New Jersey, Thomas, of Maryland, Crittenden, Grider, Harding, WickUffe, Dunlap, Menzies, and Mallory, of Kentucky, voted against it. It passed by a vote of 93 to 38. The Senate concurred by a propor tionate majority. The bUl was approved by the President, and it became a law. The institution had been established in the •District in 1801, and the straggle for its abolition commenced in 1805. The contest had continued for fifty-six years. During that period slavery and the slave trade had been sustained in our national metropolis by the influence and votes of northern as well as southern Senators and Repre- 476 BAEBAEOUS CONDUCT OF MILITAET 0FFICEE8. sentatives : And should the record of crimes perpetrated in that District under the sanction of Congress ever be made up and exposed to pubUc examination, it must reflect discredit upon aU the States. ,„.. , The old men of the nation who had labored long and steadily to redeem our Government from the accursed traffic in the bodies of men and women, now rejoiced, thanked God, and took cou rage. The devotees of despotism in the city of Washington no longer controlled the action of Congress. The advocates of Uberty, gathering courage from success, no longer waited to be assailed by the minions of slavery ; they assumed the offensive, and -without scruple exposed the conduct of our miUtary officers who aided the rebels by capturing and sending back fugitive slaves to aid in carrying forward the rebelUon in which most of the slave States had engaged. Early in the session Mr. Sumner called attention to the order of General Halleck prohibiting fugitive slaves from entering the lines of the army under his command. He,,exposed the pretence of that officer in representing those men and women who had fled from bondage as informing their traitorous masters in regard to the movements and inten tions of those who afforded them an asylum. On the same day a similar investigation was going on in the House of Representatives. Mr. Lovejoy, of Illinois, proposed a resolution requesting the President to direct General HaUeck to withdraw his general order number three. In debating tbis resolution, Mr. Stevens, of Pennsylvania, a man of a high order of talents, of great experience and influence, declared his beUef that General Halleck had issued his order " number three," now become notorious, more for the purpose of affecting the character of General Fremont than from any feeUngs of barbarism. He declared the practice of seizing and retuming slaves had risen from the proclama tion of General McClellan, in Western Vfrginia ; said that the example thus Set had been foUowed by General Dix and other commanding officers of districts. He also described a case in Western. Virginia, where two wounded soldiers, having hidden in the woods after a battle, were discovered by two fugitive slaves, who kindly supplied them vrith food and water, and nursed them untU able to travel with assistance, when they conducted them to the nearest American camp. But Gene ral Tyler, learning these facts, ordered the negroes arrested and sent back to their rebel masters. Indeed, if the pubUshed accounts of that day are to be credited, miUtary officers sent back fugitive slaves to in human rebel masters, who, in frequent instances, scourged the returned fugitive untu death brought reUef to the victims of their fiendish rage ; TEEASON STALKS UNEEBUKED. 477 and hundreds were said to have been shot down by their masters for no other cause than the tardiness of thefr flight from Feijeral troops. Various resqlutions and bUls were presented both in the Senate „^^^ and in the House of Representatives relative to this undisguised support given the rebeUion by officers and troops in Federal employ ment. The aid and comfort given the enemy would, in any impar tial tribunal, have subjected e^eij military officer thus employed to the punishment aUotted to traitors : Yet the President felt constrained to await the tardy movements of the public mind. The discussions arising npon the various propositions were protracted. The officers who thus ¦riolated both law and humanity had, most of them, belonged to the democratic party, and were carrying out in practice the views and theory of that organization ; and they looked upon it as a matter of partisan policy rather than of treason to the Government. Under these cfrcumstances the President and Cabinet appeared to feel it necessary to await the logic of events, to show these officers thefr error rather than attempt to convince them by striking thefr names from the rolls of the army. But thefr conduct had so far disgraced the army, both at home and abroad, that Congress passed a law dfrecting the dismissal in disgrace of every officer who should longer indulge in that barbarous prac tice. The President readily approved the biU. The law was promulgated, and those who continued to offend against its provisions were dismissed in disgrace from the public service. The various bUls and resolutions touching slavery and its connection vrith the Federal Government were debated, referred to appropriate committees, reports were made upon them, and they were again dis cussed. MeiiiJ)ers of Congress were now constramed to look at facts and to examme principles. They could no longer refuse serious investi gation. They saw clearly that by consenting to legislate for the benefit of slavery the Govemment had departed from the purposes for which it was founded. That every step in favor of upholding, extending, and strengthening that mstitution had restricted the liberty, not merely of the blacks, but of our white citizens, and hastened the rebelUon which now threatened the nation's life. The leaders of the rebelUon officiaUy announced to the world that the intended revolution had for its object the estabUshment of a government to be based on human bondage. This intention to re verse the onward march of civilization and return to the barbarism of 478 EMANCIPATION BILL. slavery, had been proclaimed with all that apparent confidence vrhich characterized our separation from Great Britain, in order to establish a government based upon that revealed vrill of the Creator, which gives to every human soul a right to live, to attain knowledge, happmess, and heaven. 1862 ] Under the circumstances, phUanthropists and Christians in aU , lands felt that our duty bade us plunge the dagger of justice through the very heart of slavery ; to strike down an institution which had waged war upon Christianity, and raised its puny arm against the clearly revealed will of the Creator. To destroy slavery it was oiUy necessary to carry out the doctrines, and maintain the principles on which our Government had been founded, by giving Uberty to all per sons under the legitimate jurisdiction of Congress and the Executive. In short, it had become obvious that we, as a nation, must do justice to the slaves of the South in order to maintain the Uberties of our ovni people, and after months spent in debate and examination the various propositions before Congress on this subject were consoUdated into one bUl, pro-riding : 1st. For the emancipation of all slaves of persons con victed of treason. 2d. For the emancipation of aU who were held by persons engaged in the rebeUion. 3d. For the emancipation of aU who were held by persons who aided or in any way assisted those engaged in the rebellion. 4th. That no slave should be returned to any master untU the loyalty of the master be proven. 5th. The biU authorized the President to employ any number of Africans wMch he might regard as necessary in the service of the United States. jgg2 1 -^U history had taught that slavery could only Uve and thrive when and where silence in regard to Uberty, truth and justice was imposed upon the people ; yet many did not appear to comprehend the consequences of the contemplated law. In terms, it proposed to give freedom only to the slaves of disloyal citizens ; but statesmen could not faU to comprehend that the. enactment of this biU would be foUowed by a total demoraUzation and final disappearance of the institution ; indeed, it was at this time constantly asserted that the cannonade of Fort Sumter had, in its effects and legitunate consequences, rang out the death-kneU of the institution. This bUl was also calculated to draw the line of demarkation between the friends of government and the advocates of slavery. It had become obvious to the pubUc mind that no supporter of oppression could be a friend of free govemments. Surrounded with considerations thus im portant, on the 11th July tbe House of Representatives proceeded to vote on this biU, than which no act of Congress was ever more important. VOTE ON EMANCIPATION. 479 Those members of the House of Representatives who on that historic occasion recorded thefr names for and against this curse of our country were as follows : Mr. Loomis, of Connecticut, yoted for the bUl ; and Messrs. English, Burnham, and Woodruff, of that State, failed io vote. Messrs. Phelps and Sargeant, of California, Mr. Fisher, of Delaware, and Messrs. Dunn, JuUan, Porter, White, Colfax, Mitchel, and Shanks, of Indiana, voted for it ; while Messrs. Law and Holman, of the latter State, voted against it ; and Messrs. Cravens and Voorhees refrained from voting. Messrs. Amold, Kellogg, Lovejoy, and Washburne, of Illinois, sustained the biU ; and Messrs. Knapp and Fouke, of that State, opposed it ; whUe Messrs. Richardson and Robinson did not vote. Messrs. WUson and Vandever, of Iowa, and Conway, of Kan sas, refused to vote. Messrs. Crittenden, Grider, Harding, Dunlap, MaUory, and Menzies, of Kentucky, voted against the biU ; and Messrs. Jackson, Powell, and Wadsworth did not vote. Messrs. Goodwin, Walton, Fessenden, MorrUl, Rice, and Pike, of Maine ; EUot, Buffin ton, Rice, Hooper, AUey, Gooch, BaUey, and Dawes, of Massachusetts, voted for the bUl ; and Mr. Thomas, of the last mentioned State, voted against it ; whUe Mr. Train did not vote. Messrs. Crisfield, Thomas, and Webster, of Maryland, voted against the biU ; while Messrs. Leary, Calvert, and May refrained from voting. Messrs. Bea man, KeUogg, and Trowbridge, of Mchigan ; Aldrich and Windom, of Minnesota ; RolUns and Edwards, of New Hampshfre, supported the biU ; and Mr. Marston, of the latter State, did not vote. Mr. RolUns, of Missouri, opposed the bUl ; and Messrs. Blafr, Norton, Phelps, and Noel, of that State, did not vote. Messrs. Nixon and Stratton, of New Jersey, voted for the bUl ; Mr. Cobb, of that State, voted against it ; and Messrs. Steele and Perry expressed no opinion. Messrs. WaU, F. A. Concklm, Roscoe Concklm, Ely, Sedgwick, Wheeler, Sherman, DueU, Lansing, Frank, Van Horn, and Fenton, of New York, recorded thefr votes in favor of the biU ; and Messrs. OdeU, Wood, Kerrigan, Ward, and Haight voted against it ; while Messrs. Delaplaine, Van Wyck, Steele, Baker, OUn, Coming, McKean, Wheeler, Vibbard, Franchot, Clark, Pomeroy, Chamberlain, Diven, and Van Volken burg did not record thefr names on either side of the question. From Ohio, Messrs. Ashley, Bingham, Blake, Cutler, Gurley, Hut- jchins. Riddle, Shellabarger, and Worcester voted for the bill ; and Messrs. Pendleton, VaUandigham, AUen, Cox, Nugen, and Morris voted against it ; while Messrs. White, Harrison, Noble, Horton, and Edgerton did not vote. Mr. Shiel, of Oregon, voted against the biU. From Pennsylvama, Messrs. Kelley, Davis, Stevens, CampbeU, 480 AN EEA m THE PEOGEESS OF FEEEDOM. Hale, McPherson, Blair, Covode, McKnight, Patton, Babbitt, More- head, and Wallace voted for the biU ; while Messrs. Lehman, Biddle, Ancona, and Lazear voted against it ; and Messrs. Vance, Hickman, Cooper, Wright, Johnson, and Morehead did not vote. Mr. Brown, of Rhode Island, voted against the biU ; and his coUeague, Mr. Sheffield, did no't vote. Messrs. Maynard, of Tennessee, Baxter and MorriU, of Vermont, voted for the. bUl ; and Mr. Walton was detained at his resi dence by iU health. Messrs. Upton, Brown, and Whaley, of Vfrginia, did not vote ; whUe Mr. Blafr voted in the affirmative. Mr. Potter, of Wisconsin, voted for the biU, whUe Messrs. Sloan and Hanchett did not vote. The bUl passed the House of Representatives by a vote of 82 in the affirmative to 42 in tbe negative. On the foUowing day it passed the Senate, Mr. Foster, of Connecticut, voting for it, and Mr. Dixon not voting. Mr. McDougal, of Caltfornia, voted against it ; and Mr. Latham, of that State, faded to vote. Messrs. Bayard and Sanlsbury, of Delaware, recorded thefr names in opposition to the bid. Mr. Bright, of Indiana, had been expeUed ; and Mr. Lane, of that State, voted in favor of the biU. Mr. Trumbull, of IlUnois, sus tained the bUl ; and his coUeague, Mr. Brovvning, opposed it. Messrs. Grimes and Harlan, of Iowa ; Lane and Pomeroy, of Kansas ; MorrUl and Fessenden, of Maine ; Sumner and Wilson, of Massachusetts ; and Chandler, of Michigan, voted for the bill. Mr. Powell, of Ken tucky, and Kennedy, of Maryland, voted against it ; whUe Mr. Pearce, of the latter State, did not vote. Messrs. Polk and Johnson, of Mis souri, did not vote. Messrs. Clark and Hale, of New Hampshire ; Harris and King, of New York ; Wade and Sherman, of Ohio ; Foote and CoUamer, of Vermont ; Simmons and Anthony, of Rhode Island ; and WUmot, of Pennsylvania, voted in the affirmative ; and Mr. Cowen, of the latter State, voted against it. Mr. Nesmith, of Oregon ; Johnson, of Tennessee ; and CarUsle, of Vfrginia, did not vote. Mr. DooUttle, of Wisconsin, voted for the bUl, and Mr. Howe, of that State, did not vote. The bUl passed the Senate by a vote of 27 to 12. The President approved it, and it became a law. The passage of this biU marks an important era in the legislative his tory of the country. Although in terms it did not aboUsh the coast wise slave trade, nor the fugitive slave law, yet its passage demonstrated such progress of public sentiment as to indicate that Congress would soon entirely lustrate the free States and the Federal Governmeut from aU support of slavery. Indeed, they had afready waged a war against the very existence of the institution in consequence of the rebeUion. THE 'WAE POWEE OF GOVEENMENT EXEECISED. 481 The supporters of oppression became frritable, advancing arguments in opposition to the progress of freedom which were not only absurd, but ludicrous. Politicians of the present and future time wiU do weU to study the debates on this and the bUl estabUshing freedom to all persons vrithin the Territories of the United States. The last mentioned bill was origmaUy introduced to the House of Representatives by Mr. Arnold, of Illinois, and when reported by the appropriate committee, it not only proclaimed freedom to all persons vrithin the Territories belonging to the United States, or which should thereafter be purchased by them, but also to persons on board American vessels sailmg upon the " high seas ;" thus striking a fatal blow at the coastwise slave trade, which had been sustained and cherished by Con gress since the year 1808. Members who adhered to the democratic party now gave unmistak able evidence of the desperation to which they were driven. With the frenzied grasp of drowning men in shipwreck, who seize upon the anchor in order to float ashore, these men seized upon oppression, and with it sunk beneath the waters of poUtical forgetfulness and were seen no more. The passage of this biU was resisted by nearly the same members who opposed the one last noticed ; but it was carried through both Houses by about the same majority ; was also approved by the President, and became a law. The resistance offered to the passage of l;hese acts by men from the border States was somewhat remarkable. Messrs. Crittenden and WickUffe, of Kentucky, had long been regarded as among the able men of the West. They had served in pubUc Ufe with Mr. Clay, and, on im portant constitutional questions, were supposed to entertain the doctrines of that distinguished statesman. These gentlemen, with the entfre democratic party, denied the constitutional power of the Executive and of Congress to interfere with slavery in the States jn times of rebellion even to save the nation. Mr. WickUffe introduced resolutions in the House of Representatives to that effect ; an^ the supporters of sb,very, vrith all who adhered to the democratic party, now acted with him. Indeed, some professed RepubUcans hesitated, and appeared to be in doubt on the subject. Few members referred to those plain elementary principles which teach us that, in time of hostUities, every citizen is at war with every citizen of the beUigerent government, and is bound to contribute his property and Ufe to save the government to which he has swom aUegiance ; that a state of war necessarily throws upon the Executive of every nation and of every form of govemment despotic 31 . 482 INEXPEEIENOE OF OUK STATESMEN. powers, to be exercised under control of the executive judgment, re strained and upheld by the intelligence of the people. The statesmen then ruling the nation had however been born and educated in times of peace. They had studied neither the necessities nor the laws of war, and now spoke and acted without that examination and thought which should ever characterize the conduct of men in high position. Indeedj this subject had been discussed in Con gress 07dy by Mr. Adams, who was acknowledged by all to have been one of the most learned and patriotic, as well as the most experienced men of the nation.* * On the 14th April, 1842, Mr. Adams, referring to the resolutiona presented to the House of Representatives bythe author, and for whiph he was censured, remarked: *' I said, that as far as I could understand the resolutions proposed by the gentleman from Ohio (Mr. Giddings), there were some of them for which I was ready to yote, and some which I must Tote against ; and I will now tell this House, my constituents, and the world of mankind, that the resolution against which I would have voted was that in which he declares that what are called the slave States have the exclusive right of consultation on the subject of slavery. For that resolution X never would vote, because I believe that it is not just and does not contain constitutional doc trine, I believe that so long as the slave States are able to sustain their institution without going abroad, or calling upon other parts of the Union to aid them or to act on the subject, so long X will consent never to interfere. *' But if they come to the free States and say to them, you*must help us to keep down our slaves, you must aid us in an insurrection and a civil war, then, I say, that with that call comes a full and plejiary power to this House and to the Senate over the whole subject. Xt is a war power. I say it is a war power ; and when your country is actually in war, whether it be a war of invasioa or a war of insurrection. Congress has power to carry on the war, and must carry it on according to the laws of war ; and by the laws of war an invaded country has all \\a laws and municipal Institutions swept by the board, and martial law takes the place of them. This power in Congress has perhaps never been called into exercise under the present Constitution of tbe United States. But when the laws of war are in force,-what, I ask, is one of those laws? Xt is this : that when a country is invaded, and two hostile armies are set in martial array, the commanders of ^oik armies ha/ve power to &mcmcvpate all ihesla/oesin the w/vaded territory, " Nor is this a mere theoretic statement. The history of South America shows that the doctrine has been carried into execution within the last thirty years. Slavery was abolished in Colombia, first by the Spanish General Morillo, and secondly by the American Oeneral Bolivar. It was abolished by virtue of a military command given at the head of the army, and its abolition con tinues to be law to this daj^ It was abolished by the laws of war, and not by municipal enact ments. The power was exercised by military commanders, under instructions, of course, from their reE()ective govemments. Congress is now about passing a grant to refund to General Jack son the amount of a certain fine imposed upon him by a judge under the laws of the State of Louisiana. You are going to refund him the money, with interest ; and tbis you are going to do because the imposition of the fine was unjust. And why unjust? Because General Jackson was acting under the laws of war, and because the moment you place a military commander in a dis trict which is the theatre of war, the laws of war apply to that district. I have a correspondence between General Jackson and the Governor of Georgia, during the Seminole campaign, in which General Jackson asserts the principle that he, as Governor" of a State within his (General Jack son's) military division, had no right to give a military order while he (General Jackson) was in the field. The Governor contested the power of General Jackson, and said all he could for State rights ; but General Jackson had given an order, and that order was carried into effect, while 'the ¦order of the Governor was suppressed. General Jackson had the right of the question. *' X might furnish a thousand proo& to show that the pretensions of gentlemen to the sanctity of their municipal institutions, under a state of actual invasion and of actual war, whether servile, civil, or foreign, are wholly unfounded ; and that the laws of war do, in aU such casra, take the SLAVEET THE STEENGTH OF THE EEBELLION. 483 He had, however, been unpopular from his inflexible adherence to the Constitution. He, and those who acted with him, had spurned the policy of Messrs. Clay, Webster, FiUmore, Calhoun, Cass, Van Buren, and Polk ; and now the ardent followers of those distinguished men were slow to relinquish the policy in which they had been educated,, and adopt the doctrines of men whom they had ever regarded as misguided opponents of slavery. Mr. Seward, the Secretary of State, had avowed his intention to surrender republicanism and democracy ; and it was believed that the Executive would maiatain the policy which had guided the administra tions of Messrs. Harrison, Tyler, Taylor, and Fillmore. Ohio, Pennsyl vania, and New York had already abandoned republicanism. But against all these influences, members of Congress were .^g^^ now impelled by that natural law, that will of the Creator, which underlies all human action, constraining them to carry out the doctrmes enunciated by the reformers and avowed by the Republicans at Philadelphia; although they had been so recently renounced by Senators, Representatives, people and States. As the rebellion ej^anded in its proportions, the danger to which the Govemment was exposed became more apparent. It was perceived that all support of slavery contributed tg, strengthen the rebellion ; while the liberty of a single slave subtracted so much from the power now seeking the overthrow of the Government. precedence. I iay tliis down as the law of nations. I say that the military authority takes, for the time, the place of all municipal institutions, slavery among the rest. Under that state of things, so far from its being true that the States where slavery exists have the exclusive manage ment of the subject, not only fhe President of the United States, but the comanander of the armiy, has power to order the -universal ema/ncipation ofthe slaves. " I have given more in detail a principle which I have asserted on tliis floor before now, and ot which I have no more doubt than that you, sir, occupy that chair. I give it in its development, in order that any gentleman, from any part of the Union, may deny the truth of tliis position, if he thinks proper, and may maintain his denial, not by incUgnation, not by passion and fury, but by sound and sober reasoning from the laws of nations and the laws of war. If my position can be answered and refuted, I shall receive the refutation with pleasure. 1 shall be glad to listen to reason, aside, as 1 say, from indignation and passion. If by the force of reasoning, my under standing can be convinced, I here pledge myself to recant what I have asserted. " Let my position be answered ; let me be told, let my constituents be told, let the people of my State be told (a State whose soil tolerates not tbe foot of a slave), that they are bound by the Constitution to a long and toilsome march, under burning summer suns and a deadly southei-n clime, for the suppression of a servile war. That they are bound to leave their bodies to rot upon the sands of Carolina ; to leave their wives widows, and their cliildren orphans ; that those Tvho cannot march are liound to pour out their treasm-es, while their sons and brothers are pouring out theh: blood, to suppress a servUe war, combined with a civil or foreign war ; and yet that there exists no power (beyond the limits of the slave State where such war is raging) to emanci pate the slaves. Let this be proved, I say. I am open to conviction ; but till that conviction comes, I put it forth, not as a dictate of feeUng, but as a settled maxim ot the laws of nations, that in such a case the miUtary power supersedes the civil power.^' 484 HOSTILIT'T TO THE EAISUSrO OF OOLOEED TEOOPS. It became quite obvious that the colored people of the nation must soon be united with the whites of the free States, in defence of those rights which God had bestowed equally on all races of men. The acts of Congress to which we have just directed the reader's atten tion, constituted Important steps towards the consummation of this purpose. Strong eiforts were made to induce the President to authorize the raising of negro troops. It was urged that in the E,evolution and in the war of 1812, colored men had made the best soldiers in the service. It was ftirther urged that to admit them to bear arms would 'inspire them with ambition, and thus prepare them for that liberty which it was foreseen they would at no distant day enjoy. It was urged that the service of negroes would save the lives of white men, particularly in the southern portions of the Union, where the negroes alone were pre pared to meet the dangers of the climate. To these propositions the entire democratic party were hostile. Officers serving In the army pro claimed their Intentions to resign if negroes were admitted to bear arms. The President refused to grant authority for raising colored troops, evidently regarding that policy as somewhat in advance of the popular mind. When General Butler captured New Orleans, he found the white population almost unanimously in favor of secession, while the colored people were all anxious for suppressing the rebellion. He also found an existing law of the State, authorizing the enlistment of colored troops. He Immediately ordered a regiment of black men to be enlisted ; but whether he then had authority from the War Department to employ them In the service of the IJnited States was not understood by the public.* It was also said that authority had been given to raise a regiment of colored men at Hilton Head, South Carolina, during the summer of 1862, but it was not brought into service until late in the autumn of that year. The rebels appearing in force in Kentucky, apparently intending the capture of Cincinnati, a brigade of colored men were called to act as laborers In digging rifle-pits, erecting batteries and fortifica tions. They readily volunteered, faithfully performed the service, re ceived the public thanks of the commanding general, and retired to their homes. * One re^ment of colored troops was actuaUy mustered into the service of tbe United States early I tbe month of September. THE PBEBIDENt's PEOOLAMATIOJSr OF FSEESOli. 486 Transpiring events* constrained the President to action. On the 22d September he issued his proclamation, setting forth that " all persons held as slaves iu any State, or ia the designated part of any State, which should be, in .rebellion, against the United States on the first day of January, following the date of said proclamation, should be thenceforth and FOREVER free, and the Executive Government, including the military and naval authorUies, will reeognize and maintain the freedom of such persons." This proclamation was read with the most thrilling Interest through out all 'the States. The advocates of liberty rejoiced in the conviction that our Government had not only ceased to uphold slavery, but had now pledged its influence and powers for liberty and jnstice, to main tain the primal traths for which it was instituted. The great and good of other lands now responded in deep sympathy for the cause in which our Government and the people of the free States were contending. Philanthropists in England and France, in Russia and Austria, expressed their gratitude to Him who sways the destinies of men and of nations for having guided our statesmen to the support of those rights which He has bestowed on men in all ages and all nations ; and Christianity uttered her invocation for our success. Even before the proclamation was issued, colored men were enlisted Into the military service in South Carolina and Louisiana, and during the autumn four regiments of Louisiana native guards were mustered into the service of the United States at New Orleans.* The news ofthe President's proclamation reached the slaves throughout the States. All felt they were to be free on the 1st January. None be lieved they were tb be excepted ; while thousands in Missouri, Kentucky, Maryland and Delaware, and m the vicinity of New Orleans, refused to wait for the new year to announce their freedom ; but availed themselves of th'eu: powers of locomotion to seek their own happiness. In those States the institution became demoralized, and It was obvious that the emancipation of those in the rebel States would constitute substantially an emancipation throughout all the States. Ou the first day of January, a.d. 1863, the President issued his sup plemental proclamation, declaring Eastern Virginia, North and South Carolina, Georgia, Florida, Alabama, Arkansas, Texas; and parts of * The writer having contended for the humanity of the colored race for more than tliirCy years, had the pleasure to leam that his youngest son mustered into service these four regiments of Louisi ana guards, and subsequently tbe still further pleasure to leam that these and other regknents of colored men had exhibited unusual courage and gaUantry, more than vindicating aU the author had said in favor ofthe African race. 486 THE peesident's supplemental peoclamation. Tennessee and Louisiana, to be In rebellion against the United States, and the slaves therein to be theneeforth amd forever free : Their liberty became thus Identified with the existence of the Govemment ; which thenceforth ceased to maintain slavery : And the rights of all men to live, to that liberty which Is necessary to support and protect life, acquire knowledge, enjoy happiness, and prepare for heaven, consti tuted the prize for which the existing war was subsequently maintained. The history of that war, with its incidents and results, must be con signed to the pen of some younger, some abler historian. THE END. INDEX. Abolition of Slavery nnder the Confederation, 11; Two thousand Societies, 156. in District of Columbia, 35, 41, 96, 97 ; One thousand Citizens Petition for, 98; Un- constitutional, 108, 104, 267. Radical Abolitionists entertain erroneous ideas of Constitution, 248. Abbott, Amos, Mass.. 234, 270, 284, 286. Abduction of freemen, 18. AbbvHaon^ HatlbOniel, Ind., 318, 828, 880. Adarns, Johm,., Serves on Committee to Draft Declaration of Independence, 10; Is a Com missioner to Negotiate Treaty of 1783. Adams, John Quincy, Senator from Massachu setts, opposes Bill to Suspend Commercial Re lations with Hayti, 36. as President, proposes to send Commis sioners to Panama Congress, SO. as Representative, presents Petitions for Abolition of Slavery in District of Columbia, 96, 97; Inquires concerning Petition from Slaves, 107; Proceedings thereon, 108-111; Calls attention to Challenge of Mr. Stevenson to Mr. O'ConneU, 121; Explains his Views, 127; Presents Resolution touching Employ ment of Bloodhounds, 140 ; Is Counsel for Am istad Slaves, 145; Asserts duty of Government to interfere with Slavery in case of Insurrec tion, 155; Reiterates doctrine, 156; Maintains Right of Petition, 157 ; Presents Petition for Dissolution of the Union, 159; Is arraigned therefor, 162; Incidents of Trial, 162-170; At tempts to remove him from Chairmanship of Committee on Foreign Relations, 194; Argues question of Property in Man, 204; Vote, 209; Signs Address, 218; Solemn Ejaculation, 217 ; Reports on Memorial from Ma^^sachusetts, 221 ; Obtains Repeal of Gag-rules, 236 ; Votes gainst Mexican War, 250 ; Last Speech, his Death, 280 ; His Memory Vindicated, 876. Address of the Cfontinental Congress, 11 ; Of twenty Members of Congress on the Annexa tion of Texas. 213 Adrain,' Garnet B., New Jersey, 411, 441. 4/V*ioan5 enslaved in South Carolina, and Amer icans in Tripoli, 84, 40. Ahl, Joh/n A., Pa., 411. Aldiich, Cyrus, Minnesota, 469, 475, 479. Alabama,, Stace of, Secedes, 457. Alleo, Eli&ba,,Me., Votes, 209. Allen, Oharles, Mass., an Advocate of Liberty, 8U0; Votes for "W. J. Brown, 804; Defends Free-soilers, 806; Votes, 318, 820, 829, 834. AUen, Philip, Rhode Island, 418. AUen, WilUam, Ohio, 448, 468, 469, 475, 479. Allison, John, Pa., 860. AUey, John £., Masa, 463, 469, 475. Alexander^ H. P., New York, 818, 828, 830. Amif^d Sla/oe-ship,, History of, 143-147; Re port in favor of paying for, 221 ; Senate votes for paying, 258,269, 862-864; Payment again Recommended 412 ; It is opposed in the House of Representatives, 413 ; Senate reports Bill, 418; Not acted on, 418. Amendments of the Constitution Prohibit from Legislating for return of Fugitive Slaves, 13. Arnold, Isaac N., 111., offers Bill Emancipating all Slaves in Territories and on board Ships, 475, 480, Arnold, Samuel, Ct, 479. Anthony, H. B., Senator from Rhode Island, 480. Ancona, , Pa., 468, 469, 4S0. Andrews Sherlock J., Ohio, 210; Signs Address, 214; Votes, 186. Andrews, George, New York, 318, 330, Andrew, Governor of Massachusetts, Remon strates with General Butler, 464, 465. Arrogance of Slaveholders, 428. Arkansas, Slavery admitted. 53; Secedes, 465. Ashly, James M, Ohio, 46S, 469, 479. Ashburton, Lord, Not authorized to Negotiate in regard to Shipwrecked Slaves, 198. Ashmun, George, Mass., Votes, 252, 279, 236. Atchison, D. R., Missouri, leaves Washington to establish Blue-lodges, 872. Atherton, Charles G., New Hampshire, Votes, 113; Moves Gag-resolutions, 122; In favor of paying for Slaves, 206, Ayerig, John B., New Jersey, Votes, 186, 209. Babcock, Alfred, New York, 186, 209. Babbit, Elijah, Pa , 468, 469, 475, 444. Bailey, Joseph, Pa., 468, 469, 475. Bailey, G. F., Mass., 479. Baker, Stephen, New York, 468, 475, 479. Baker, Osmyn, Mass., 209. Baker, Edward D., 111., 806, 318, 330. Baker, David, New Hampshire, 90. Baldwin, Bo^er, S., Ct, Vindicates the Natural Rights of Mankind, 295. 830. Sanke, 2/athaniel P., Mass., Ts Candidate for Speaker, 884 ; Declares his Views, 885 ; Ad heres to the Declaration of Independence, SS7 ; Elected Speaker, 889 ; Reports Bill for Consti tutional Convention in Kansas, 406. Barbary States, Capture and Enslave Ameri cans, 34; Permit their Redemption, 35. Barr, Thomas J., New York, 443. Barnard, D. D., New York, Publishes Card, 188, 209. Batchelder, , a Slave-catcher of Boston slain, 877; Movement for giving widow Pen sion, 878. Bayley, T/tomas J., Va., Denounces Advocates of Liberty, 274. 488 INDEX. JSayley, ffamaliel, Threatened by Mob, 274; Office Injured, 474 Bayard, Jamies A., Senator from Delaware, 480. Beaty, William, Pa,, 118. Beardsley, Samuel, Argues Case of a Fugitive, 219 Beeson, H. W., Pa., 187, 210. Belcher, Hiram, Me., 230, 286. Benton, Charles S., New Yorlt, 284. Benton, Thomas B., Missouri, Denouuce8:Abo- litionists, 103; Inquires as to Bloodhounds, 136; Opposes Treaty with 'Texas, 224; Intro duces a BiU for same Object, 226; Prevents withdrawal of Army from Mexico, 258 ; Pre sents ]2esolations of Missouri, 311 ; Is Assailed - by Mr. Foote, 315; Causes a Ludicrous Scene, 386. Bennet, Henry, New York, 830, 334. Bidlack, Benjamin F., Pa,, 186, 210. Biddle, O/iarles J., Pa., 480. Bingham, Kingsley S., Mich., 271, 287, 830, 834, 440. Bingham, John A., Ohio, Advocates Expulsion of Brooks. 896 ; Answers Interrogatories promptly, 431 ; Presents Bill to Abolish Slav ery in our Territories, 441; Presents Bill de- - - daring all Laws of New Mexioo in favor of Slavery, void, 441, 469 ; Proposes to Emanci pate all Slaves of Bebels, 472, 47S. Birdsall, Ausbii/m, New York, 267, 270, 291. Birdsey, Victory, New York, 209 ; Signs Ad dress on subject of Annexing Texas, 2J4. Bishop, W. D„ Ot, 411. Bissel, W. H., III., 318, 884. Black, Edward J.,- Georgia, Assaults Author, 288; Ludicrous Incident, 239. Black, James, Pa., 234. Blackmer, Esbond, New York, 285, 28T. Blair, Francis P,, Missouri, 468, 469, 475, 479. Blair, 8. S., Pa, 468, 469, 475, 479. Blake, Harrison G-,, Ohio, Presents Beaolution, 448; Votes, 46S, 475, 479. ¦ Blessings of Liberty, Should be extended to all persons, 14 Bliss, Philemon, Ohio, Opposes Bill providing payment for Slaves, 419. Biue-lodges, Established in Missouri, 372. Bloodhounds, Kesolutions concerning, 140; Em ployed in Florida War, 155, 156. Boardman. William W., Ot, 186. Boon, Katlif; Ind., 118. Booth, Walter, Ct, 801, 818, 829, 8S6. Borden, Nathaniel B., Mass., 186, 209 ; Signs Ad dress, 214. Botts, John M., Ta.," 183, 187, 210. Bowne, Walter. New York, 186, 209. Brady, Jasper E,, Pa., 284, 291. Bradbury, James W., Me., 882. Brainard, Lawrence, Senate, Vt, 270. Breckenridge, John C, Ky., Assails Mr. Catting, 369; Democratic Candidate for President, 446, Brewster, David P., New York, 186, 209. Bridges, 8. A., Pa., 287, 291, 295. Briggs, George N., Mass., 186, 187. Briggs, George, New York, 818, 328, 880, 883. Brinkerhoof, Jacob, Ohio, His Political Course in Vote, 286. Broadhead,- Richard, Pa,, 869. Brockway, John H,, Ct,, 286, 291, 298. Broderick, D. C, California, Opposes a Slave- ' holding Administration, 407 ; Falls in a Duel. 407. Bronson, David, Me, 209 ; Signs Address, 214. Brooks, James, New York, Announces Action of Whigs, 260; Votes, 85:1, 860, 871. Brooks, Preston 8'., South Carolina, Assaults Mr. Sumner, 894 : Resigns his Seat, 896. Brfiwn, John, 424; Takes Harper's Ferry, 435; Two Sous Killed and himself Woanded, Sur renders as a Prisoner, 425 ; be and his folIo,w- ers Executed, 426. Brown, John, Jr., Befnses to appear before Com mittee of Senate, 437. Brown, George IL, Ehode Island, 469, 480. Brown, Aaron V., Tenn., Addresses General Jackson, 228. Brown, Charles, Pa,, 187, 209. 267, 270, 284, 298, 298. . Brown, Jeremiah, Pa., 234. Brown, William J., Ind., 285, 802; Gives Pledges, 308, 818, 828, Buchanan, Andrew, Pa,, 118, Buchanan, James, Elected President, 399; First" Message, 405; Encourages Invasion of Centrid America, 414; Discharges Walker, 415; Sus tains Slavery in the Territories, 421 ; Declares Slaves Property, 422; Advises Payment for Amistad Slaves, 422; Alarmed at Brown's Baid, 424; His Official Mendacity, 449; Holds Correspondence with Rebels, 453; Cummnni- cates Proposition of Virginia, 458; Betires, leaving War and a Dismembered Govemment 461. Bucl, AL W., Mich,, 318, 328. 830. Buffington, Joseph, Pa., 284 Burke, Edmund, New Hampshire^ 136,209. Burnel, Barker, Mass., 186, 209. Burch, John C, Cal., 441. Burns, Joseph, Ohio, 411. Burnham, A, A., Ct, 479. Burroughs, Lorenzo, New York, 818, 328, 830, 334. Bntler, Chester, Pa., 270, 287, 2SS, 318, 828, 830, 834 Butler, Thomas, Ct, 329, 884.. Butler, Benjamin I*"., Proposes to put down Slave Insurrections 464; Discards claims of Slavery, 465; Orders Enlistment of Negroes, 484. Cable, .Joseph, Ohio, 301, 818, 834 Cadwallader, John, Pa., 896. Calhoun, Wm, B„ Mass. Attends meeting Ac, 161. Votes, 186, 209. Signs address, 214 Calhoun, John C. Denies the "self-evident truths" on which the Government was founded, 97. Declares the abolition of slavery in D. C. unconstitutional, 102, Attempts to suppress anti-slavery publications, IO.*). Regards slavery jii.st, 106. Attempts to change international law, 112, 118. 114 Proposes to suppress agi tation, 119, 120. Hesitates in regard to slave- trade, 193. His doctrines, 212. Opposed to Mexican war, 253, Proposes to witlidraw army, 258. Declares preamble of act false, 265. Denounces Mr, Hale's mation, 277. De sponds, 294 His last speech, 815. Deatb, 316. California. Eill orsranizing free government in, 298. Walker's amendment, 296. Bill passes House. 296. Senate does not concur, 298. Left without a government, 809. Asks admission, 818. Vote in Senate, 386. In House, 337. Calvert Charles B,, Maryland, 469, 479. Calvin, Thomas, Pa, SIS, 82S, 334 Cambrelling, C. C„ New lork, 110, Campbell, Lewis D,, Ohio, 818, 83ii, 334 Candi date for speaker, 8SS. Intrignes with Mar shall, 885. Loses confidence of bis friends, 886. Will not look at national diffieolties, 892. Otfers resolutions of inquiry, 894 Campbell, James H,, Pa., 443, 468, 469. Offers resolution confiscating slaves, 472, 475, 479. . Cameron, Simon. Appointed Secretary of War, 463. ' Carter, David K., 318, 828, 829, 880, 884, 36L Opposes adoplion of priuml truths, 44f Carpenter, Levi D., Now York, 284. Carey, Shepliard, Me , 283. Carlbile, John S., Ya., 480. INDEX. 489 Carrol, Charles H,, 284 Cass, Lewis. Makes no objection to the ensla^Ee- "ment of freemen, 148. Candidate for Presi dent, 283, 888, Declares it atrocious to advise slaves to escape, 846, 369. Congratulates country on passage of Kansas bill, 872. His character, 279, Exhibits emotion on retiring, 379. Discards policy of adhering to primal truths, 398. Besigns office of Secretary of State, 458. Carev, Joseph, Pa., 818, 823, 830, 384. Carthcart, Charles W,, Indiana, 271, 287. Chase, Salmon P. Demands a hearing in behalf of the free States, 353. Signs address to the ¦people of the United States, 866, The only candidate for President who had been an early advocate of human rights, 445. Appointed ¦ Secretary of the Treasury, 463. Childs, Timotliy, New York, 209. Ohittenden, Thomas Q, New York, 186, 209. Signs address, 214. Ohaiaberlin, J, P., 408, 469, Chandler, Zecharlah, Mich., 480, Chicago Convention. Adopt amendment enun ciating elementary truths, 445, 446. Clapp, Asa W., Me,, 267, 291, 293, 298. Clark, Daniel. New York, 48, Clark, Franklin, Me.. 267. 270, 284, 291, 298. Chirk, John C, New York, 209, 214 Clark, Staley N., New York, 209. Clark, Lincoln, Iowa, 356, 861. Clark, J. H., Rhode Island, 860. Clark, Ezra, Ct, 411. Clark,' Horace F„ New York, 411, 468, 469, 4T9. Clark, Samuel, Michigan, 870. Clay, Henry. Distinguished as an advocate of liberty, 51. By his'^vote eslablihhes Blavery iu Arkansas, 66, Resigns office, 68. Proposes compromiee, 71, 73, Assailed by Randolph, 81. Candidate for President, 127. Presents memorial in favor of slavi-ry, 127. Approves prO'Slavery publications, 185, Avows anti- slavery doctrines, 281. Is candidate for Presi dent, 236. Is inconsistent 347. His death, 862. Contributed to the rebellion, 4T0. Clayton, Thomas, Del. Votes against Mezicaa War, 253. Clergy. Three thousand and fifty remonstrate against extension of slavery, 86T. Five hun dred fi-otn Illinois remonstrate, 870. They resolve against it, 3T0. Cleveland, Chauncey F., Ct Acts with repub licans, 801, 806, 818, Clifford, Nathan. Me., 209. Clinton, James, New York, 186, 209. Clingman, Thos, L,, North Carolina. Threatens dissolution of the Union, 208, 214 Cobden, Richard, and other European statesmen, become silent on American liberty, 467. Cobb, Howell, Georgia. Reports in favor of paying for slaves, 2i4. Elected speaker, 308. Oobb, George F., Now Jersey, 468, 469, 475, 479. Cochrane, John, New York, 411, 412, 441, 445. Cole, Orsetnus, ;Wis,, 818, 830, 384. / Colerain. Treaty of, 21, Oolfex, Schuyler, Indiana, 468, 469, 476, 479. CoUamer, Jacob,,Vt, 480. Collins, 'William, New York, 267, 270. "Comet" A slave ship. Indemnity claimed for slaves ou board of, '205. Compensation for slaves lost or killed in the public service, 40, Compromises of the Constitution. 12. Of Mis souri, 63. Of Congress, 343. Eiingular com pact in rocard of, m note, 34S. Mr, Foote's resolutions to support 851, Pronounced wise and just 854, Xhey fail, 408. Conkhn, F. A„ New Vork, 468, .175, 479. Conkliu, Roscoe, New York, 46S, 469, 475, 479. Ooniceeliaift. Legislature of deprecate repeal of Missouri Compromise. Confiscation and emancipation, act for, 469, 470. Conger, James L., Midi,, 360. Conger, Harmon S., New York, 270, 285, 287, 818, 328, 829, 330. Congress convenes ilnder Pre.sident's proclam ation, 465. Singular hallucination of members, 466. Pass a law for dismissing officers who catch slaves, 477. Constitution. Amendments of, 12. 13. Prohib its Congress from interfering with life or hb erty, 18, 87. Cooper, James, Pa,, 188. 209. Court, Supreme. Precious instrument for sup porting slavery, 402, Ca,«e of Dred Scott 402-8. Shocked Public conscience, 404 Corwin, Moses B,, Ohio, 818, 830, 384, Corwin, Tliomas. His political character, 480, Announces himself an exponent of republican doctrines, 431. Cowen, Benjamin S., Ohio, 183, 210. Cowen, Edgar, Pa., 480, Covode, John, Pa, 468, 469, 475, 479. Gox, Samuel, Ohio, 411, 468, 469, 475, 479. Cravens, James A., Indiana, 463, 469, 479. Crimea of Slavery, 36S, 3T0, Crisfield, John W., Maryland, 469, 4T0, 479. Crittenden, John J,, ICy. Seizes Brooks, to pre vent assassination of Sumner, 844, Politically conservative, 410. Would change Constitu tion, 455, 469, 470, 475, 479. Denies power of Congress to emancipate slaves, 481. Cuban slaves. Ought not to be liberated, 80, Cuba. Plan for obtaining, 25i. Efforts to ob tain, 874, 422. Bill introduced, 422. Cnmmins, John D., 0 , 279, 287, 290. Curtiss, G. W,, New "Tork, Proposes to ins^ elementary principles in Chicago platform, 445. Cushing, Caleb, Mass. Declares resolutions of the author "au approximation to treason," 182, 186. Vindicates slave-trade, 208, 209. Catting, Francid" B., New York. Moves reference of Kansas-Nebraska bill, 869. Replies to Mr. Breckenridge, 370, 371. Cutler, W. P., Ohio, 469. Dana, Amasa, New York, 234, Darling, Mason C, Wis., 285, 287. Darragh, Cornelius, Pa., 284 Davis, Garrett, Ky. Proposes to obtain fugitive slaves from Canada by Negotiation, 141. Unites with Mr. Ingersol in report on Consti tution, 221. Davis, John, Mass., 129, 189, 28!^ Davis, Eichard,D., New York, 186, 309, 219, 284. Davis, John W,, Ind,, 285. Davis, John G,, Ind,, 271, 411, 443. DaviS) Jefferson, Miss,, asserts that slaves are property, 266; Quotes Constitution, 267; Pro nounces resolutions of Mr Hale calculated to protect kidnappers, 277; Presents resolutions, 821; Supports Blavebolding Constitution for Kansas, 405 ; Asserts duty of his State to se cede, 436; His resolutions, 437. Davis, M. M., Pa,, 468, 479. Dawes, H. L, Mass., 468, 469. Dawson, John B.. Louisiana, Assaults Author. 210 ; Threatens to shoot him, 241. Dawson, John L. P,, 371. Dean, Ezra, Connecticut 188, 210, Dean, Gilbert, New York, 853, 864: Objects to pensioning widow of Batchelder, 878. Delano, Columbus, Ohio, Exposes crimes of Mex ican War, 253. Delano, Charles, Mass., 468. 47S. Democrats educated to believe it a duty to sup port slavery, 237. Democratic party avows no essential principle, 490 INDEX. 8156 ; In power, 362 ; Members believe party in vincible, 370, 371 ; iPrepare for another step to- wa*d8 dissolution of the Union, 873; Members desire civil war, 873; Fall into minority, 882; Hasten to adopt the Dred Scott decision, 404; Seek to hide facts from the people, 408 ; Seek to revive former policy, 420 ; Regard decep tion, fraud, and crime necessary, 444 ; Unable to withstand the force of truth, 446 ; One por tion unites with Douglas, another follows Breckinridge, 446; Expected to unite with slaveholders in carrying out rebellion, 449; Devotes its influence to support slavery, 461 ; Disappears amid the ruins of that institution, 466; Inspired with hope, 467; Members be come desperate, 481. Democratic Committee of New York appointed to report on raid of John Brown, 425 ; They report that Hon, John P, Hale, Hon. Gerrit Smith, and the Author, were involved in it, 426, Denver, J. W., Cal,, 896. Deported slaves, under treaty of 1783, claims for, 19, 49, 82, 103 ; Claim of Hodges under treaty of Ghent, 281, 2S2 ; Mr. Hunter's motion rela tive to deported slaves, 831; Compensation claimed, 418; vide "Treaty of Ghent" Dewart W, L„ Pa., 411. Dickey, John, Pa, 284 270, 287; Ecports against claim of P. oheco, 289; Leads in Debate, 290, 880. Dickinson, Eodolphus, Ohio, 267, 270, 287. Dickinson, Daniel 8„ New York, 883. Dillingham, Paul, Vt, 234 Dimmock, Milo M„ Pa , 861. Dimmock, W, H,, Pa., 411. Dirney, Daii-id F., Ohio, 361, 871. Dissolution of the Union if a Northern President were elected, -384, 386, Diven, A. S., New York, 468, 469, 475, 4T9. Dix. John A,, New York, Presents resolutions of that Stale, 291, Dixon, James, Ot, 270, 2S5, 287, Dixon, Nathan, Ehode Island, 318, 328, 329. Doan, William, Ohio, 185, 210. Dodge. A, C, Wis., 360, Dodge, Henry, Iowa, Introduces Nebraska bilL 864, 869. Doig, W. A., New York, 186, 209, Doty, James D., Wis,, 818, 330, 834 DooUttle, J, R,, Wis,, votes to pay for deported slaves, 41S, 480. Douglas, Stephen A,; Denies the existence of a higher law, 344; His character, 865; Reports bill to repeal Missouri Compromise, 865 ; As sails those who signed address to people, 866, 869 ; Denounces Ministers, 868 ; Assails reso lutions of Clergy at Chicago, 870; Excuses him in regard to attack on Mr. Sumnor, 895 ; Opposes despotism of Convention in Kansas, 405 ; Opposed to the President, 407 ; Approved invasion of Kansas. 408; Charges Republicans with cherishing offensive doctrines, 485; Is sustained by a portion of his party, 446. Dred, Scott, Case of, 402, 408, 404 ; Examined, 409. Duel, R. H., New York, 468, 469, 475, 479. Duer, William, New York, 270, 281; Holds collo quial debate, 806, 818, 828, Dunn, McKee, Ind., 448, 468, 469, 475, 479. Dunn, George H,, lnd„ 285, 287, 291. Dunham, Gyrus L., Ind., 318, 828, 380, 884, 861, 370. Dunlap, Robert P., Me., 288. Dunlap, G. W,, Ky„ 469, 470, 479. Duncan, Jamas, Mass., 818, 828, 829, 860. Duncan, Alexander, Ohio, Offers a bill for taldng possession of Oregon, 246; Votes for annexing Texas, 28,'i. Eastman, Ira, New Hampshire, 209. Eckhart, G. W., Pa,, 270, 235. Eddy, Norman, Pa., 871. EdTnondeon, Brother .& Bisters, their histoir, 279. Edgerton, Alfred P., Ohio, 861. Edgerton, Sidney, Ohio, 468, 475, 479. Edsal, Joseph, New Jersey, 270, Edwards, Thomas M, New Hampshire, 465, 469, 475, 479. Edwards, Thomas O., Ohio, 271, 287, Edwards, Ninian, III., Announces his own moral cowardice, 61, Ellis, Oheselden, New York, 284 Elliott, Samuel D,, Mass., 327, 329, 834. Elliott, T. D., Mass., 468, 469 ; Presents resolution, 472, 479, Ely, Aliped, New York, 468, 479. JE^ancipation and Confiscation Act, 469; An other act of Emancipation, 478, 479 ; An era in American history, 480; Proclamation of; 485; Quakers direct, at their yearly meeting, 22, 2S. Emancipated Persons in North Carolina re-en slaved, 23; Petition of, 24; Those of Hayti excluded from our Slave States, 31. Embree, Elisha, Ind., 271, 285, 287. Emigrant Aid Society, 37-3, English, W.H., Ind., Opposes expulsion of Brooks, 895, 396; Beads proceedings of a religions meeting in Chicago, 482. English, James E., Ct, 463, 469, 475,479. Etheridge, Emerson, Tenn., Offers resolutioil against slave-trade, 401. European statesmen speakoffensively of our gov ernment, 467; Noble Lords criticise General Butler's order, 467, 46?, Evans, Nathan, Ohio, 271, 287, 818, 828, 329, 880, 834 Everett, Edward, Mass., Eeplies to attacks on clergy, 368; Holds slaves to be property. 90. Everett, Horace, Vt, Moves to lay autlior's reso lution on -the table, li^2; Moves to print 5,000 copies of proceedings, 190, 2u9, Ewing, Thomas, Ohio, Fails to vote, .338. Exiles of Florida flee to Mexico, 256. Farrirgton, Jamei*, New Hampshire, 118. Fairfield, John, Me.. 118 Farlee. Isaac, New Jersey. 234 Farrelly, John W., Pa., 270. 287. Famsworth, John F., Confronts slaveholders, 482. Farran, James J,, Ohio. 271, 2S5, 291. Fetteli, Alpheus, Michiaan. 333. Fenton, Reuben E., New York, 468, 469, 475, 479. Ferris, Charles G., New York, 186. 209. Fessenden, William P.. Me., 1S6, 209 ; Replies to Mr. Douglas, 485, 480. Fessenden, Samuel C. Me,, 468, 469, 475. 479. Ficklin, Orlando B., IU., 285, '271, 2S4, 287, 293, 298. Fillmore, Millard, New York, Reports bill to pay money to slave-dealers, 206 ; "Votes for it, 209; Selects Mr. Webster as Secretary of State, 8*26; Alarmed at the threats of Te.vas, 826; Obtains convention for payment of sla\ es lost from on board Creole and other ships, 880 ; Contributed to rebellion, 470. Fisher, George P., Del,, 409, 479. Fisher, David, O., 270, 287 ; Reports against pay ment for slaves, 289. Fitch, Graham, 861, 418. Fitch, Graham N., Ind,, 818, 828, 830. 384 Florence, Thomas, Pa., 865, 860, 361, 371, 396, 400, 441,448. Florence, Elia«, O,, 23.5, Floyd, John G,, New York, 186. 209. Floyd, Charles A., New York, 18G, 209. Florida, Purchase of. 50; Asylum for fugitives, BO ; First Florida War, 46-49 ; Second Florida War, 99-101 ; Causes kept from people, 103 ; Causes exposed, 150 ; Bloodhounds employed, 185; She secedes, 457. INDEX. 491 Foley, James B., Ind., 411. Foote, Henry S, Mississippi, Desires tw hang Mr. Hale, 277; Assails Col. Benton, 815; Affray with, 836; Sustains Compromise, 851; Dictates course to be followed, 853. Foote, Solomon, Vt, 234, 241, 480. Forname, Joseph, Pa,, 209. Foster, A.Lawrence, 209, Foster, Henry D,. Pa,, 234 Foster, L, F. S., Ct, 480.. Fowler, Oriln. Mass., 318, 829, 834 Fouke. Philip B., 111., 448, 468, 469, 479. Franchot, Richard, New York, 468, 469, 475, 479. Frank, Augustus, 468, 469, 479. French, E. B., Me., 443, Fremont, John C, 898 ; Issues proclamation, 470. Free States called to give security for good be havior, 454, Freemen selling freemen into slavery in D. C., ,878. Free-Soilers nominate J. P. Hale for President, and G. W. Julian, Vice-President, 357, 349, 879, 382, 885, 397. Friedley, John.'Pa,, 370, 285, 287, 818, 328-830, 884. Fries, George O,, 270, 387, 291. Fugitive Slaves : Delivered under confederation by States, 12 ; No authority in Constitution to legislate on subject, 17 ; Passage of Act of 1798 first departure from Constitution, 17, 18 ; In dians stipulate to redeem F, 8., 19 ; History of those on the Appalachicola River, 20 ; Georgia peremptorily demands return of 100 slaves un der treaty of New York, 20, 21 ; Southern mem bers complain that slaves find food and cloth ing at the North, 31, 82 ; Many leave their mas- , ters, 38 ; B'ugitive Act used to enslave freemen, 44; Us barbarous character, 44; Attempts to make a more stringent law, 44 ; Opponente of slave-trade denounced, 45 ; Bill lost 46. ' Fugitive slave bill of 1850 introduced and report ed, 822 ; Is sustained by Mr. Webster, 828 ; Opposed by Messrs. Hale and Chase, 883, 884 ; Is passed through House, 884 ; The vote, 835 ; First victim under it a freeman, 340 ; Slaves murdered in Pennsylvania, 340 ; President ap proves act, 841 ; Shadrack arrested in Boston, 843; Proclamation of President and general orders of Secretary of War and Navy, 848 ; The act declared revolting, &c., 847 ; Sims arrested in Boston, 876, 877; Efforts of military officers to capture, 467 ; Sent back by military officers, 471 ; Thirty thousand fngitlves leave their homes, 846; Infamous frauds, 847; Petitions to repeal law, 878. Puller, J. D., Me., (spelled Porter iu text), 865, 860. . ' Fuller, Hiram, Pa., 861 ; Candidate for Speaker, 884 (,'a'g-resolutions of Mr, Pinckney, 105; Of Mr. Atherton, 122; Libellous, 123; Of Mr. Wise. 124 156. . -^ . Gag-rules repealed, 286, 287. Gates, Seth M., New York, Ch8r8oter,134; Unites with Messrs. Adams, Slade, and Oiddings. 134; Meets with friends of Mr. Adams, 161 ; Writes address on annexation of Texas, 218. Galphin. A term synonymous with fraud and peculation, 825. Gamble, James, Pa„ 861. Georgia establishes Slavery, 9; Demands troops to watch her slaves, 1 1 ; Slaves leave their mas- I ters, 88 ; Attempts to recapture, 89 ; Presents claims for fugitive slaves, 98; Party to a dis graceful fraud, 94; Demands captain of a ship as H fugitive from j ustice, 189 ; Calls for further leglslatlou In behalf of slavery, 140; Secedes, Gerry, Elbridge, Me.. 818, 337, 828, 834 Gerry, James P., 187, 209. Ghent, Treaty of. Prohibits traffic in slaves, 109. Giddings, Joshua R,, Ohio, As,sail& slave-trade In D. C, 130, 131; Tests gag-rules, 148, 149; In sulted, 150; Denounced by President Hamson, 171; Presents resolutions touching coast-wise slave trade, ISO ; They are pronounced an ap proximation to treason, 182 ; Is arraigned, 1^4 ; Censured, 187 ; Cheered by Mr. Clay, 189; Re asserts doctrines, 193 ; Publishes article signed Pacilicas, 196 ; Ai-gues question of property in men, 210; Signs address, 214; Removed from Committee on Claims, 216 ; Contends for Mr. Adams' Report 222; Avows doctrines, 227, 228; Holds colloquial debate, 2^3 ; Avows doc trines, 226 ; Denounces annexation of Texas, 238; Scene described, 239; Declares himself for war, 249; Votes alone, 271; Offers resolu tions, 272; Visits prison, 274; Vindicates his course, 278, 279; Introduces bill to abolish slavery in D. C, 285, 287 ; Offers resolutions declaring life and liberty " gifts of God," 817; Presents petitions and moves instructions, 819, 830, 334 ; Maintains Kansas bill, 359; Argues case of Amjstad Slaves, 8 ; Signs address, 806 ; Administers oath to Republican Speaker, 389; Eeplies to Vallandigham'a attack, 426; Ten thousand dollars bid for his head, 428; Democratic Committee of New York report that he was privy to Brown's Raid, 4-,iG ; His speech quoted by Mr. Co.v, 431 ; Urges support of essential doctrines at Chicago Convention, 444 ; Proposes amendment of report, 446. Giliis, James L,, Pa. Glascock, Thomas, Georgia, Insults author, 181. Goode, Patrick G,, Ohio, 188, 309. Goodenow, R. K., Me., 210,318, Gorman, Willis A,, Ind,, Declares Secession mon strous in principle and destructive in practice, 854, 361. Gooch, D. W., Mass,, 268, 276, 379. Goodwin, John N,, New York, 479. Goodrich, Zi, Mass., 360. Gordon, Samuel, New York, 186, 309. Gott, Daniel, New York, 270, 286 ; Offers resolu. tion against slave-trade, 386, 287, 813, 830, 834. . I . > I Gould, Herman D, New York, 828, 330, 884 Governments, British and Ami-rican, Unity in supporting a traffic in slaves, 831, Granger, B. F,, Michigan, 468, 469, 475, Granger, Francis, New York, Expresses surprise at course of Mr. Adams, 109, 136, 2o9. Greeley, Horace, New York, 285, 287. Green, F. W., Ohio. 361, 871. Green, John 8,, Missouri, Proposes an armed po hce along the line between Slave and Free States, 454 Green, A. K., Ehode Island, 883. Green, Byram, New York, 284 Gregory, D. S., New Jersey, 270, 285, 287. Gregg, James M., Ind,, 411. Grinnell, Joseph, Mass., 252, 370, 288. Grider, Henry, Ky., 469, 470, 479. Grimes, James M., Iowa, 480. Groesbeck, W, 8., Ohio, 411, Guriey, John A., Ohio, 468, 469, 475, 479. Gnstine, Amos, Pa,, 210. Height, Edward, New York, 468, 469, 475, 479. Hale, John P,, New Hampshire. His political course, in note, 236 ; Sfuiee against resolution of thanks to General Taylor, 272; Introduces bill to prevent riots, &c., 276; Is assailed by Calboun, 277 ; Presents resolutions of Quakers, 812; Assailed by Butler, 319; Opposes fugitive act, 882; Holds up mirror to slaveholders, 862; Nominated for President 367 ; Signs address, 866; Reviews President's Message, 400; Unites 492 INDEX. with Blsveholders in denying right of visitation, 417 ; Opposes payment for slaves, 418 ; Charg ed with partici[)ating in raid of John Brown, 426 ; Analyzes P,resident's Message, 454, 480. Hale, Artemus, Mass., 270, 284, ,287. Hale, James T,, Pa,, 468, 469, 479. Hall, N, K,, New York, 270, 285, 286. Hall, Highland, Vt, 168, 209. Hall. L W., Ohio, 411. Hallstcad, William, New Jersey, 186, 209. HaUeck, General, Excludes fugitives from his lines, 471. Halloway, Ramson, 828-830, 834 Hallucination of Members of Congress, 465. Hamlin, Hannibal, Me,, Opposes payment for •deported slaves, 418, 441. Hamlin, B, 8,, Ohio, 234 Hampton, Moses, Pa,, 270, 287, 298, 818, 884. Hammond, E, H,, Pa., 198. Hampton, James G., New Jersey, 270, 287. Harding, Aaron, Ky,. 469, 470, 475, 479. Harding, .1. J,, III., 385. Harlan, Andrew J,, Ind,, 818, 330, 884 Harper, Alexander, Ohio, 286. Hart, E. B., New York, 360. Harrison, W. H,, Ohio, 82; Elected President, 143 ; His inaugural, 152 ; Lives' but a month, 154. Harrison, Richard A., Ohio, 479. Harri^ Iri, New York, 480. Harris, Thomas L,, III., Denounces Lecompton Constitution, 408. Haskins, John B., New York, 411, 441. Hastings, Israel, New York, 411. Haws, John U,, New York, 861. Hay, A. K,, New Jersey, 834 Hayes, Samuel, Pa., 284 Hayti, Commercial relations with, suspended, 85, Hibbard, William, Vt, 818, 328, 380, 834 Hendricks, Thomas A., Ind., 871. Henley, Thomas J., Ind,, 285, 271, 287. Henry, Thomas, Pa., Meets with friends of Mr. Adams, 161 ; Votes, 187, 210. Henry, William, Vt, 28.5, 318, SjO, 834 Hibbard, HaiTy, New Hampshire, 8Ef9, 884, 885, 371. Hickman, John, Pa_, Offers resolution, 384 Higgler Laio, Its existence denied, 846, Holmes, Elias B., New York, 270, 285, 287. Holmes, Isaac E., South Carolina, Is eloquently inspired, 183. Hoagland, Morris, Ohio, 318, 838, 330, 884 Holman, W. 8., Ind,, 441, 468, 469, 476, 479. Holt, Orrin, Ct, 113. Hoge, Joseph P., III., 235. Hooper, Samuel, Mass,, 497. Horton, Gilbert, a man of color, advertised for sale In Washington, 88, 34 Horton, V. B., 468, 469, 479. Howe, John W., Pa, 801, 320, 830, 884, 859. Howe, Thomas, Pa,, 318. Howard, William, Ohio, 441. Howe, Timothy, Wis., 480. Howard, Jacob M., Michigan, 188; Signs address, 214, 480. Hubbard, Henry, New Hampshire, 129, 139. Hubbell, W, 8., NeW York, 234 Hudson, Charles, Mass,, 1S6, 209 ; Signs address, 214 ; Prepares to defend author, 252. Hungerford, Orville, New York, 284 Himter, General, Issues order emancipating slaves, 471. Hunt Hiram P., New lork, 186, 209, Hunt Washington, New York, 281, 270, 287, Hutchins, John, Ohio, Would protect free blacks in Southern States, 458, 468, 469 ; Would direct Marshall to discharge all persons not imprison ed for crime, 474, 475, 479. Huyler, John, New Jersey, 411. Hyatt, 'Thaddeus, Mass., Refuses to appear before Committee,488 ; Is committed, 440{ Is arrested. Illinois, Bill admitting State of, 56; Pas.r Amistad Slaves, 222; Moves to Print 1I1,S0» Copies, and votes to lay his Motion on the Ta ble, 222. Ingersol, Collin M., Ct, 865, 361, 877. Ingersol, Joseph E,, Pa , Unites in Report to pay Slave-dealers, 206 ; Votes for Bill, 2li9 ; to Cen-s sure Author, 187; Unites with Mr. Davis in' Report, 221. Irvine, James, Pa,, Votes, 186, 209, 234, 234, 287, 298. Iverson, George A., Georgia, Declares that all attempts to save the Union tnust ikil, 456, 460. Irwin, William W., Pa., 187, 209. Jaclcson, Andrew, Xdvises removal of Maroons from Florida, 78, 79 ; Consistent supporter of Slavery, 98; Declares Anti slavery Unconsti- tutional, opposed to Hvmhanity and BeUg- «on, 102; Advises Annexation of Texas, 228; Patronized Traffic in Sbives, 206. 470, Jackson, W. F., New York, 818, 830, 834 Jackson, , Ky,, 469, 470, 479. Jack, James, Pa., 180, 209. James, Frtmais, Pa,, 187, 209. James, C. F,, Ehode Island, 360. (/"ay, (/"oAfl,,. Negotiates Treaty, 19; Declares de mand on England for deported Slaves is Odious, 19. JeJ-erson, Thomas, Writes Declaration of Inde pendence, 10 ; Leader of Eepublican Party, Sfi ; Pardons men convicted of violating Sedition Law, 80; is Alarmed at tbe Slave question, 66, 67. Jessup, Oe-neral, Makes Contract with Indians, 241; its peculiar character, -242; Declares Slaves the property of the United States, 243. Jenks, Michael, Pa,, 2.34, Jenkins, Timothy, New York, 270. Johnson, Andrew, Tenn., 4S0. Johnson, Perley B., Ohio, 285. Johnson, Philip, Pa., 468, 469. 475, 480. Johnson, James H,, New Hampshire, Votes against Abolition of Slave-trade. 267, 284, 2>eal, 365 ; Address respecting, 366 ; Three thousand aud fifty Clergymen Eemonstrate, 367 ; Vote in Senate, 369. Mitchell, William, Ind., 468, 469, 476. Montgomery, William, Pa., 411^ 441, 44.3. Moore, Eli, New York, Presents Memorial for Slavery, .130. Moore, H, D,, Pa,, 818, 828, 830, 861. Morehead, James K,, Pa,, 468, 475, 480. Morgan, Christopher, New York, 209 ; Signs Ad- , dress, 214. Morgan, Edwin D,, New York, Protects Sum ner's body, 394. Morrill, Anson P,, Me,, 475. Morrill, Justin L., Vt, 468, 469, 480. Morrill, Lot M,, Me., 480. Morris, Calvary, Ohio, 188, 210. Morris, Jonathan D., Ohio, 818. Morris, E. Joy, Pa,, 448. Morris, James E., Ohio, 469, 475, 479. Morris, Isaac N,, 111., 468, 441, 448. Morris, Joseph, Ohio, 235, 286, 287, 291, 830, 834 Morrison, John A,, Pa„ 861. Morrow, Jeremiali, Ohio, 188, 210. Morse, Freeman H., 321, 333. Moseley, W. A,, New York, 284. Mississippi, State oii Secedes, 457. Murray,^mbrose L., New York, 894. N'ationai Whig, assails Messrs. Palfrey, Tuck, and Giddings, 263. Natural rights of all men to life, liberty, and happiness, 10, 88, 82. North American States hold to, 81. Enactment against void, 38, 842. Basis of Republican government, 8'2. N'egro Troops. President urged to enlist, 484 A brigade of at Cincinnati, 486. Four regl- ments^at New Orleans, 485. Nelson, William, New York, 285, 318, 828, 880. 338, Ness, Henry, Pa,, 284, 267. Newell, W, A,, New Jersey, 287, 330. New England, adheres to platform adopted at Philadelphia, 466. New York Legislature resolves against admis sion of Kansas as a slave State, 413, ' Abandons Philadelphia platform, 466. New Jersey opposed to extension of slavery, 220. Nesmith, J. W,, Oregon, 480. Newhead, Peter, Pa, 187, 210. Niblack, W. E., Indiana, 411, 441, 448. Nicol, Henry, New York, 270, 287, 290. Nixon, John, New Jersey, 443, 468, 475, 479. Noble, Warren P., Ohio, 468, 469, 476, 479. North Carolina secedes, 465. Nortliern States repeal their laws for protect ing firee colored people, 459. Nugent, Eobert H., Ohio, 466, 476, 479. O'ConneU, Daniel, The Irish Statesman, chal lenged \ij Mr. Stevenson, 121. Odell, Moses P., New York, 468, 469, 475, 479. Ogle, Andrew J., Pa., 818. 828, 3-30. Ohio, Democratlclegislature of assert doctrines, 406. Olds, Edson B,, Ohio, 818, 8.30, 861, 371. Oligarchs. Hold slavery a permanent blessing,* 849. Olin, Abram B,, 468, 469, 476, 479. Oliver, William, New York, 186, 209. Oregon. Bill to take possession of, 247-9. Oppression, Advocates of serving in all depart ments of Government Osborn, Thomas A., Ct, 186, 200. Otis, Harrison G., Mass. Changes position, 61. Otis, John, Me,, 829, 384 Owen, Robert Dale, Indiana, 235. PacJieco, Lewis, Case of, 288, 239; Vide, "pro perty in men," Packer, Andrew, Pa,, 361, 371. Palfrey, John G., Mass., Is assailed, 263; His character, 266 ; Speech and' incident, 275 ; His motion and speech, 280 ; Asks leave to intro duce a bill, 284, 286. Palmer, John, New York, 118, Parmenter, William, Mass., 186. 209. Parker, Amasa J,, New York, 118. Parliament of Great Britain discusses General Butler's Order, 467. Parker, Samuel W.. Ind. Partridge, Samuel, New York, 186, 209. Patterson, Thomas J., New York, 234 Patton, John, Pa., 468, 475, 479, 430, Paulding, Commodore, Pursues and brings back - Walker from Central America, 414; Receives vote of thanks, 422. Pierce, Franklin, as President, recommends pay ment for slaves on board Amistad, 862 ; Sends his annual Message to House pending election of Speaker, 836 ; Sends second Messagewbil^ that body is unorganized, 388; Reads lectures to people In his last Message, 899; Charged with official mendacity, 400. Pearee, James A., Maryland, 4Sr. Peac6 Congress proposed, 450 ; Elects John Ty ler to preside, its action, 458. Peaslee, C. H., New Hampshire, 284, 286, 318, 827 834 Peck,' Lucius B,, Vt, 270, 287, 318, 828, 329, 330. Pendleton, Nath. G.. Ohio, 210, Pendleton, G. H., Ohio, 411, 441, 468, 469, 475, 479. Penniman, E. J., Michigan, 355. Pennington, Alexander M. C, New Jersey, Can didate for Speaker, 886 ; Signs report fof ex pelling Mr. Brooks, 395. Pennington, late Governor of New Jersey, Elect ed Speaker, 485. Pennsylvania abandons doctrines enunciated at Philadelphia, 466. Petit, John, Ind., 868, 369. Petition, Eight of, suppressed, 119 ; Debated, 155, 158. Pugh, George E., Ohio, Advocates payment for deported slaves, 413; Rebuked by Southern men, 436; Denies that Senate possesses Judi cial power, 438. Phelps, Launcelot, Gt, 118. Phelps, Samuel, Vt, 310, 333. Phelps, John 8.. Missouri, 479. Phelps, F. G., Cal., 479. Philadelphia protests against importing slaves to New Orleans, 34 Philosophy which teaches that deception, fraud, and crime are necessary to the support of gov ernment, is dangerous, 404, 407, 444 452. Pike, P. A., Me^ 468, 475, 479. Pitman, F. C. 'W., Pa., 818, 828, 880. INDEX. 495 Plummer, Arnold, Ha., 187, 209. Polkl'James K, in his Inaugural, claims whole of Oregon, 247 ; "Asks advice of Senate and re cedes, 250 ; Proposes to withdraw army from Mexico, 268. Pollock, .lames. Pa., 284, 270, 287, 388, 293. Pomeroy, F. M, New York, 468, 469, 478y 479. Pomeroy, 8. C, Kansas, 489. Porter, Augustus, Michigan, Eefiises to support coastwise slave-trade, 188 ; Votes alone for laying resolutions on table, 140. Porter, Albert G,, Ind., 468, 469, 475, 479. Potter, E. D , Ohio, 234 Patter, Elisha. Rhode Island, 384 Potter, John P., Wis., 469, 475. Pratt Zadoo, New York, 384. President's Attempts to follow European, 18 ; President regards them binding, 75. President Lincoln convenes Congress, 465 ; Signs Confiscation and Emancipation bill, 470: Sets aside General Fremont's proclamation of free dom, 471; Sets aside General Hunter's pro clamation of emancipation, 471; Eefuses to re ceive negro troops, 484; Constrained to act, 485; First Proclamation of Freedom, 485; Second Proclamation of Freedom, 485. Price, E. M., New Jersey, 858. Primal Truths, Policy of asserting, discarded by Clay, Webster, and Calhoun, 898; Asserted and explained, 409 ; The invasion of these rights constitute crime, 410, 412, 423; Are evaded, 444; Are not vindicated by Eepublican Sena tors, 886 ; Proposition to assert them In plat form rejected, 446 ; President elected on Plat form, 447; Voice of people, 448; Are the cause of South Carolina's secession, 452; Congress legislated for Slavery, 464: But are compelled to retain primal truths, 488 ; The constitution the price for which war was waged, 485. Prentiss, John H,, New York, 118. Prentiss, Samuel, Vt, 123. Profit, George H., Ind., 188, 194, 210. Property In man 40; Denied, 86, 87-91; Sus tained by Judiciary, 91, 92 ; Said to be clear, 103; Denied by Justice McLean, 152, 158; Again rejected, 243-245. Purdy, L N., New York, 284 Putnam, Harvey, New York, 270, 285, 287, 318, Quakers, petition for abolition of slave-trade, 15, 19, 26, 37, 38, 43, 43, 93. Withdraw fellow- Bhip from slaveholders, 22. Persons emanci pated are re-enslaved, 22. They protest against Introduction of slavery into Indiana, 86. As sert that free negroes are kidnapped in New Jersey, Maryland^ and Pennsylvania, and sold South, 37. Eamsy, Eobert, Pa,, 210. Eamsey, Alexander, Pa, 284 Randall, Benjamin, Me,, 186, 209. Randolph, John, 'Va,. Eloquently exposes bar barism of slave-trade in D. C, 41. Moves to reconsider vote admitting Missouri, 64. As sails Mr, Clay, 81. Lectures Southem mem bers, 87. Eathbun, George, New York, 284 Eaynor, Kenneth, North Carolina. Takes posi tion to defend author, 234. Redding, John E,, New Hampshire, 186, 209. Eedpath, James. Refuses to appear before Sen ate committee, 437 Eeed, Charles M., Pa., 284 Bold, Eobert R,, Pa,, 818, 880, 884 Eeynolds, Gideon, New York, 285, 287, 818, 330. Eeynolds, John, 111,, 267, 284, 391, 298, 880, 834. Return of uinther and six children born in Penn sylvania to bondage, 866. Republican Party, pledged to vote for no manwbo would not sustain right of petition, 888. The contest opened, 383. Gei>eral move ment in favor of reorganizing, 886, The call for convention, 897. The platform, 397-8. Discard Know-Nothings, 39S. A political power, 899: Oppose extension of slavery, 400. Success becomes evident, 402. Their danger, 407. , "They become confident, 412. Have a large majority in House of Eepresentatives, iiS. Difficulty from Whig members, 436. They fear infiuence of slaveholders, 430. Ex hibit pusillanimity, 484. Eesort to Whig prac tice, 435. Abandoned by Mr. Seward, 459. Make no preparation for war, 461. A Eepub lican President inaugurated, 463, Come into full possession of Government, 465, Senators and Eepresentatives from Ohio follow Mr. Seward's policy, 466. In several States they nominate and elect Democrats whobad always supported Blavery and opposed Republicans, 466. Eepublican doctrines only means of re storing peace, 472. Beformers. Spurn policy of Clay and Webster, and Cass and Calhoun, 488. Ehode Island protests against extension of Blav ery, 378. Eice, John H., Maine, 468, 475, 479. Eice, A. H., Mass., 468, 469, 479. Eichardson, W. A., 111., 267, 234, 291, 293, 298, 830, 384, 861, 388, 468, 479. Eiddle, A. G., Ohio, 468, 469, 479. Eidgeway, Joseph, Ohio, 188, 209. Elggs, Lewis, New York, 209. Eiggs, Peter E,, New Jersey, 441, 443. Eisley, Eluah, New York, 818, Eitchie, Thomas. Expelled from Senate cham- ** ber, 257. Eitchey, James, Ohio, 267, 271, 287, 291. Bitter, John, Pa., 384 Bobbins, Asher, Rhode Island, 139. Robinson, Orville, New York, 284. Eobinson, John L., Indiana, 267, 284, 287, 294, 818, 880, 384, 855, 861. 871. Bobbins, John, Pa., 318, 828, 834. Eoblnsonj J. C, III., 441, 445, 463, 469, 479. Boohhill, William, Indiana, 271, 287. EookwelL Julius, Mass,, 284, 270, 286, 818, 828, 329. .>..., Eookwell, John A., Ct, 284, 287. Eogers, Charies, New York, 334 Boiling James S., Michigan. Rollins, E. H,, New Hampshire, 463, 469, 475, 479. i- . . ¦ , Eoosevelti James J.; New York, 186, 209. Eose, Eobert L., New York, 270, 287, 228, 280, 871. Boss, Thomas, Pa,, 865, 861. Eool^ Joseph M., Ohio. Exposes slaveholding management, 293. Elected as an advocate of liberly, 800. Eefuses to vote for W. J, Brown, 803. Vindicates himself aud friends, 809. Of fers important resolation, 310, Maintains it, 818, 820, 330, 884 Eumny, David, New York, (Ramsy, in text) .285,287,818,838. Russell, Jeremiah, New York, 284. EusseU, W. T., New York, 411. Sacket, 'W. A., New York, 380. Sample, Samuel C, Ind., Makes Eeport, 23L Sanbom, P. B., Presents Petition, 488, Sandford, John, New York* 209. Sargeant, John, Pa., Opposes Slavery in Mis souri, 70, 209. Sargeanti A. A., Cal., 479. Sawtel, Cullen, Me,, 313, 329, 334 Sawyer, William, Ohio, 267, 270, 235, 287, 391, 395, 298, Sanlsbury, William, Del,, 480, Schermerhom, A. M., New York, 318, 823-330, 384, 355, 861. 4:96 INDEX. Schenck, Eobert C, Ohio, 285, 271 ; Offers an Amendment, 279; Proposes to withdraw Ar my from Mexico, 253. Schoolcraft, Jolm L., New York, 818, 880, 384. Scranton, G. W., Pa , 443. Scott, C.Z., Cal., 411, 4+1. Scudder, Zeno, Mass., So5. Secession. First Secef^sion. 116-118; Firstmove- ment towards Final Secession, 320 ; Secession foretold, 387; Declared Monstrous in Princi ple, and Destructive in Practice, 854; Deemed. necessary to preserve Slavery, 4i51, Searing, John A., Now Tork, 411. Sedffewick, 0. B., New York, 468. 469, 475, 479. Seward, William H., Presents Petitions, 302, 333; Demands hearing for Free States, 853; Cloaes Debate on Clergymen's Memorial, 368 ; Offers Kesoluticin respecting Outrage on Mr. Sumner, 394; Unites .with Mr. Mason in de nying right of -Virti ation, 417; Declares he will not recitgn ize Property in Man, 418 ; Thir ty thousand ¦•dollnr8 offered for his head, 426; is Candidate for President, 458; Remarkable Speech, 459 ; Mr. Iverson says he will not fermit War, 46U : is Appointed Secretary of tate, 468; his Cnrrespiindence with our Min ister at London, 466; Followed Policy of Har rison, Tyler, Taylor, and Fillmore, 483. Shank, John C, Ind., 468, 475, 479, Shannon, Wilson, 871. Shaw, Tristram, New Hampshire, 209. Shaw, Aaron, 111., 411. Shell, George K., Oregon, 479. Shellebarger, Samuel, Ohio, 468, 469, 475, 479. Sherman, J. N., New York, 468, 469, 475, 479. Sherman, John, Ohio, is Candidate for Speaker, 428 : is timid under taunts and sneers of Slave holders, 429; Kefuses to answer Interrogato ries, 432; Withdraws as a Candidate, 480. Sickl-es, Daniel E., New York, 411. . Simmons. J. F., Ithode Island, 440, 480. Simonds, Samuel, Ct., 284 Skelton, C. II., New Jersey, 360. Slade, William, Vt, Presents Petition, 116; Pro vokes Secession, 117; Presents Eesolutions, 124; Attends meeting of Friends of Mr. Ad ams, 16l;'PubliBhe8 Card, 188; Signs Address, 214; Untiring in his labors, 216. Blades, Deported, -uide Deported Slaves. Imported into New Orleans, 84; into United States, through Amelia Island, 68. Annually Imported into United States, 76. ~ Set free by Shipwreck on British Islands, 114; Compensation for, 112, 118, 114. Are not Property, 65-91. CofQe passes Capitol, 125, 126. Fugitive Slaves surrendered under Con federation, 12; Northern Members vote for Fugitive Act, 29; Act used to enslave Free men, 25; Indians agree to return, 20; Proposi tion to pay Masters for, 21; South demands a more stringent Law, 81 ; Provokes Debate, 82 ; Leave their Masters and settle in Florida, 38; Freemen Enslaved, 44; the South again demands a more eflOicient Law, 45; Cause of the first Seminole War, 46; Cause of the second Seminole War, 99-101 ; Massacre of Major Dade and bis Command, 101; these Causes kept fi-om the People, 102; Blood hounds employed, 135; • New Fugitive Bill introduced, 823; Op posed, 882; Passes Senate, 883; Tote of House, 834, 835; First Tictim, 340; Fugitives in Pennsylvania shot, 840; President approves, 341 ; Shadrack escapes to Canada, 842 ; Presi dent's Proclamation, 343. Slaves who Mscape, Declared atrocious, 846 ; Masters authorized to slay, 408; are shot by Deputy Marshals, 408. ^ ' Slave-trade, Coastwise, Prohibited by Treaty of Ghent, 173; 'Slave-Rhipa, 174; Creole, 176; Mr. Webster's views, 177; Declares Traffic Lamfid, 178; History nf this Traffic, 175-173; Author presents Eesolutions concerning, 174,- ifi Censuretl; 188. Slo/ves of rebel masters Emancipated. 469. Slavery, Forty Members from Free Stat^ vote to extend, 371; Stavtry and Freedom meet in open conflict, 890; Biitiles fought to establish Slavery in Kansas. 899; Constitutes leading feature in the Southern -Confederacy, 460; At- rican Slave-trade reopened, 400; Secured by Eesolution of Senate, 417; Slavery and the Union in death-struggle. 470; Eight to Eman cipate Slaves denied. 473; All support of Slav ery endangers Government, 483. Slaveholders, while denouncing Northern men for agitating qnesti<)ns of Slavery, denounce Northern men for replying to them, 347; Felt the sceptre of power sliding from Uieir grasp, 890. Slave-catcher slain, 377. Slwoe^oweir, Paralyzed, and its prestige lost, 414. Sloan, A. S., Wis., 4ti9, 475, 480. . Slicer, Eev. Henry, Looks upon horrors of Slave- trade unmoved, 278; Incidents, 278. Smart, E. K., Me., 284, 236. Smith, Truman, Ct, 186, 209; Signs Address, 214; Joins in Eeport to pay for deported Slaves, 261, 285, 333. Smith, Albert, New York, 234. Smith, Thomas, Ind., 235. Smith, Caleb B., Ind., 235, 267, 254, 287. Smith, E. H., New York, 468, 469, 475. Smith, Gerritt, New T.irk, Character of, 874; Signs Address, 376, Eeported by Democratic Committee of New York as involved in Kaid of John Brown, 426 ; Commences Soit, and the Committee back down and pay Costs, 426. South Carolina, Lectures Northern States tor electing Harrison, 247 ; Eesolutions of her Legislature, 432; Her Eepresentatives retire from Congress, 451 ; Causes of Secessipn, 451. Southern Confederacy formed, 466. Southern Members arrogant and dictatorial, 89S. '^ Spaulding E. G., New York, 468, 469, 475. Spinner, Francis E., New York, 375. St John, Henry, Ohio, 285. St John, Daniel B., New York, 270, 235, 387. Starkweather, G. A., New York, 2So, 2S9. Stetson, Samuel, New York, 234, 818, Sil), 334 Steele, W. G.. New Jersey, 468, 475, 479. Steele, John B., New York, 468, 469, 475» 479. Stewart, John, Ct, 234. Stewart, Andrew, Pa, 234, 293. Steveup, Thaddeus, Pa., Nominated for Speaker, 850. Confronts SlRveholdert=, 429. Tantalizes them, 230, 469, 475. Charges design upon General Halleck, 476. 479. Strong, Selah B., New York, 284. Strong, William, Pa., 284. 328. Strohen, John, Pa.. 252, 27n, 2S.5, 287. Stokely, Samuel, Ohio, 186, 209. Stuart, John P., III., 1S8, 210. Stuart, Charles E., Mich , 856, 369,. 371. Admits change of Opinion in his State, 379. Opposes Lecompton Constitution. 405. Opposed to the President, 407. Totes to pay for deported Slaves, 418. Sturgeon, Daniel, Pa., 383. Sumner, Charles, One of the Senators who de manded a hearing for the Free States, 858. Signs Address to the People, 866. Character izes Bill repealing Missouri Compromise, 867. . Eeplies to Senator Jones, 374. Is severe on Mr. Butler, 89a Is stricken down in Senate Chamber, 394. Eepresenta Massachusetts, 894. Unable to attend to duties, 896. Presents tac tion of Mr. Sanborn. 438, 440, 441, 4S0. Sweetser, Charles, Ohio, 302, 32S, 829, saO INBBX. 497 flTlve«ter,.P. II., Sev Toik, STO, !86, SBT, 818, ,829, 330, 384. flykes, George, New Jersey, 284. Trtllmarlge, Jomes, New York, I'-opopes to make Ireodom the basis of governnieftt in Missouri, .W; His proposition adopted, 55 : Declares he would not argue barbarous character of slavery, .^6, Tallmadge, Frederick A,, New Tork, Votes, 270, i%; Changes position, 288, 318, 825. 328, 3,14, Tiillmadgo, N, 1',. New York, 129, 139. T.'ippan, Benjamin, Ohio, Votes against Mr, Por ter's motion, 139. Taylor, .John L, Ohio, 866, 861, 371. Taylor, John W,, New York, 'Proposes freedom in Arkansas, 52; Opposi'S Slavery in Missouri, r,S ; Elected Speaker,. 69 ; Is defeated, 74, Taylor, Znoliary. Candidate for Pre.sident, 267: Elected, 283 ; Exerts his influence against free dom in Californis, 297, Taylor, George, New York, 411. Tfiyltir, Jolm h., Ohio, Votes to sustain slave- trade in District of Columbia. 270,285 ; Changes position, 2S3, 291, 31.S, 330, 334. Tennessee, Si;cedefl, 465 Tc^-an. Annexation Of, Foretold in an Address by- Members of Oongress, 213 ; Mexico alarmed,. 222 ; Ti*aty of Annexation, 223 ; Genenil Jackson consulted, 224; Mr. Web.ster dis)ni,..sed in, order to enter upon subject, 224; 'I'reaty Kejected, Mr, Benton introduces Bill, 226 : Passed Senate, 235 ; its effect on Demo cratic Party, 236; Governor of, threatens to expel United States Army, 826, Terras Debts, Bill to pay debts of Te.vas, 327; Price uf votes, 826 ; the Vote, .127, .329, 380, Tex as demands three and a half millions dollars mnrf., -ISO; Stock-jobbers and gamblers enter inro Texan interest, 3,S0;' tliey seize upon Government Stores, 460. 46^. Tlioina-. Fialicis, Md,. 409, 4711. 47,^ Tliayeij Eli, Mass.. Op[)Obes adoption of primal traths, 441,445; Defeats Bill Prohibiting Siav- ery.in Territories, 442. Thomason, William P., Ky,, Proposes peace .with Mexico, 258. Thompson, J, E,, New Jersey, 869. Thompson, William, Iowa, 285, 287, Thompson, EichardW.. Ind.,210,271,284,291,298, Thompson, Waddy, South Carolina, Whimsical position of, 124: Insults Author, 150: Ke- warded, 152. Thompson, James, Pa., Votes, 218 ; Changes po sition, 288 ; Votes, 318, 825, 828, 384, Thurman, , Ohio, 318, 828, 830, 834 Tilden, Daniel E., Ohio, Votes against Annexa tion of„ Texas, 285; against- Mexican War, 252. TiUinghast, Joseph, Ehode Island, 186, 209, Tipton, John, Ind., 129. Titus, Obadiah, New York, 118. , Toland, George W., Pa,, 187, 209. Toombs, Eobert, Georgia, Avows himself for Dissolution, 805; Sets House at Deflauce, 807, TomUnson, P, A,, New York, 209; Signs Ad dress, 214, Touoey, Isaac, Ct, 369, Traffic in Slaves, Vide Treaty of Ghent. Train, Charles E., Mass.. 469, 470, 475 479 Treaty o/1788, Clsinis for Slaves deported in violation 0^ 18, 19; Debate on, 22; Claims pronounced Odious, 19. '^''^^'¦Vff Ghent, Forbids deportation of Slaves, 89; Forbids traffic in Slaves, 89; Compensa tion for deported Slaves claimed, 49 ; Eefused, 57; Controversy closed. 82. Freaiy of Payne's Landing, 99; Stipulation for separate Territory to Seminoles, 100 eatj- of gamp Moultrie, 75. Its Objects, 76. Treaty with Oreat ilrltain to suppress Afrioan Slave-trade, 472. Trimble, Carey A,, Ohio, «48, 476. Trumbull, Lyman, 111,, Eeviews President's Mes sage, 400. Gives notice of Bill to emancipate all Slaves, and confiscate all property of Kebels, 473, 480, Trumbull, Joseph. Ct, 186, 209. Trow.bridge, E. E., Mich,, 468, 475, 479. Tuck, Amos, New Hampshire, Votes against Whig candidate, 262. Votes against Slave trade, 270, 271, 286, 800, 304, 808, 32^ 384. Turner, Thomas J., Ill,, 28?. Tyler, General, His Barbarism, 476. Union, Its Dissolution threatened, 27, 28, 61, 70. Shadowed forth in the Contest between Hayne and' Webster, 97. No real Union between Freedom and Slavery, 106, People dissatis fied, 119, Petition for Dissolution, 159. Vide J Q. Adsrns. UnderhiU, Wnlter. New York, 318, 328, 380, 334. Upham, William, Vt, 332, Vallandigham, C, L,, Visits John Brown, and endeavors to implicate Author in the invasion , of Virginia, 42.5, 441, 443, 468, 475, 479. Van Valkenburg, E. B., New York, 468, 475, 479. Vail. George, New .Jersey, 871, Van Wyck, C. H,. New York, 468, 469, 475. Van Ham, New York, 468, 469, 471, 479, Van Buren, John, New York, Votes, 209. Vance, Joseph. Ohio, Votes, 235, 252. Van Dyke, John, New Jersey, 286, 288, 293, 328, ;330,, Vanmeter, John J,, Votes against Annexation of Te.xa-t, 235, Van Rensalser, Henry, Votes, 209, Vandever. , Iowa, 469, 479. V»rrie, John P,, Pa,, 4r,8, 469, 475. Vinton. Samuel F., OLio, Votes, 285 271, 285 294,:31.S,82i, :;3n. ;3-34. Vlrgiitiii, Ifi.r Itepr.-seiitstives propose to act as mediators between Slave and Free States, but propose nothing but further guarantees for Slavery, 450. Slie Secedes, 465. Vibbard, Channoy, New Yori, 479,', Tisitation, Eight of exercised by British ships, 416. Eesolution of Senate concerning, 416. Eight asserted and m'aintained, 417, But de nied in 1858, by Messrs, Mason, Seward, Hale, Wade, and others, 417. Voorhies, D. W., Ind,, 469, 479. Wade, Edward, Ohio, 361). Wade, Benjamin F„ Ohio, Pronounces assault on Sumner cowardly. 395. Unites with Messrs. -Mason, Seward, Hale, and others in denying right of Visitation, 417, 441. Maintains El? publican doctrines. 466, 540, ¦Wadsworth, W. H., Ky., 469, 470^479. Wagner, David D., Pa., 118. Wallbrldge, Henry T,, New York, 871. Walden, Hiram, New York. 328, 830 3-34 Waldo, Loren P,, Ct, 318, 329, 3.34. Walker, Isaac P,, Wis., 296, 3-33. Walker, Amasa, Mass. (Watson, In text), 475. Walker, William A., New Tork, 371, Walker, William, and followers, invade Central America to establish Slavery, 414, 415. Wall, Garret New Jersey, 129 189 Wallace, John W,, Pa, 468, 469, 47,5, 480. Wallace, David, Ind,, 206, 210, 188. Wall, William, New York, 479. Wallbrldge, Iliraiii, New York, 411, 47ft Walsh, Michael, New York, 855, 360, 371 Walton, E. P., Vt , 468, 469. Walton, Charles, Me., 468, 469, 475, 479. Warren, Cornelius, New York, 270, 286, 287 Washbtirne, Elthu B,. 468, 476, 479, 498 INDEX W'lr. The TTnf*«d States engaged in two Wars with Barbary Powers to abolish Slavery, and two with Seminole Indians to sustain it, 4S. War with Mexico foretold, 213, 224, 251. Com menced, 252. Its advocates disappointed, 257. Propositions to close, 258. Remonstrate asiiinst, 2G4, * War. Preparatory Ut Civil War, arms and am- ninnition were transported Sonth, 453. First nianifestiition of force in resisting Eebellion, 453, Miiht be ac.t of the North, 454. Southern Statesmen assured the people' of other Nations there would be no War, 457. Hostilities com menced, 4G(i. Cannonade of Sumter, and at- tfinpted Massacre of Troops in Baltimore, 468. Throws upon the Executive despotic powers, 4b2. Webster, Edwin H., Md., 469, 479. Ward, Klijah, New York, 4i68, 475, 479. Ward, Aaron, N. Y., 186, UU. Watson, J. C, Paid for Slaves, 855, 856. Webster, Daniel, Contest with Hayne, 97. Es teemed by Whig party, 97. His views of Traffic in Slaves, 177. Instructs our Minister at London, 178. Indorses Mr. Calhoun's doc trine, 272, 294. His 7th March Speech, 325. Is Secretary of State, 326. Approves Fugitive Act, 835. Discovers errors, and calls Religious influence to his aid, 335. Cal)inet Council, 343. His death, 858. Contributed to the Re bellion, 470. Weld, Theodore, Attends meeting of Mr. Adams' friends, 161. Acts on Committee, 162. ¦ Weller, John B., Ohio, Presents Resolutions for censuring Author, 184. Wishes to amend Journal, 190. Votes for Slave-dealers, 210. For Annexation of Texas, 235, 36(1, 369. Wentworth, John, Illinois, 235, 271, 285, 287, 380, 334 Westbrook, John, Pa., 187, 309. Westbrook, T. R., New York, 871. Wheaton. Horace, New York, 234. Wheeler, W. A., New York, 468, 469, 475, 479. Whig Party. Paralyzed by doctrines of Mr. Webster, 226. Avow no doctrine at Conven tion, 356, Discard Advocate.3 of truth and justice, 856. Surrenders its own existence, 353. Believed that deception, fraud, and crime were necessary, 404. Anxious to revive former policy, 420. Seek to deny Republican doctrines, 448. Whitcomb, James, Ind., 388. White, Allison, Pa., 411. White, Albert S., Ind., 189, 468, 469, 475, 479. White, ChUton A., 468, 475. 479. White, Hugh, New York, 270, 285, 287, 818, 888, 330. White, Joseph L., Ind., 188, 210. Whittle-sey. W, A, Ohio, 328, 829, 380, 834 Wickliffe, Charies A., Ky., 469, 470, 475, 481. Wick, William W., Inrl., 267, 291. Wigg, William H., Paid for Slaves deported during the Revolution, 359, 360. Wigfall, L,, Texas, Declares cotton to be king, 455. Wildrioh. Isaac. New Jersey, 828, 330,361. Willmot, David, Pa,, Would support Mexicn War by taxation. Assailed therefor, 272. 'Ib'o. Elected as an advocate of Liberty, 300. Vott-s for Brown, 3(14,313, 480. Wilson, James, F., Iowa, 479. Wilson, Henry, Mass., Ciflla attention to Outrngei on Mr. Sumner, 394, Eeviews Pieb^ident's Message, 4U0. Unites with Mr, Ma=on and others, 417. Confronts Slaveholders, 436. Of fers Resolution directing Marshal of District of Columbia to discharge persons against whom no charge existed, 474. 480. Wiley, James S., Me.. 267, 284, 286, 298. Williams, Thomas W., Ct^ 186, 2U9. Signs Ad dress, 214. William.^, Ilenry, Mass., 234 Wilson, James, New Hampshire, 270, 2J-8. Re ports against paying for Slaves, 289. Votes, 318, 327; 329. Windom, William, Min . 469, 475, 479. Wiuthrop, Robert C, 186, 209. Reports Bill pro hibiting imprisonment of colored persons. 212. Opposes Annexation of Texas, 234. Candidate for Speaker, 261. Elected, and aiTanges Com mittees, 261, Promotes election of General Taylor, 263. Candidate for re-election, 301. Defeated, 308. Wise, Henry A., Excuses Dawson''s attempted violence, '.ill. Witte, W. H., Pn., 371. Wrisrht, Hendricks B.. Pn., 371, Moves *o ex clude blacks from public lands, 876, 463, 475, 481. Wright, W., New Jersey, 418. Wood, Fernando, New York, 186, 209. Wood, Amos E., Ohio, 318, 834. Wood, Benjamin, New York, 463, 475, 479. WoodruflF, George C, Ct, 468, 475, 479. Worcester, Swnuel T.,.Ohio, 468, 475, 479. Wortendike, Jacob, New Jersey, 411. Young, John, New York, 186, 209. Young, Augustus, Vt, 186, 209. York, Thomas Jones, New Jersey, 186, 209. Yoat, Jacob, Fa., %84.