STEPHEN A. DOUGLAS

Charles Sumner; his complete works, volume 5 (of 20)

i

ii Copyright , 1900,

BY

LEE AND SHEPARD.

Statesman Edition.

Limited to One Thousand Copies.

Of which this is

Norwood Press:
Norwood, Mass., U.S.A.

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CONTENTS OF VOLUME V.

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1

THE ANTISLAVERY ENTERPRISE:

ITS NECESSITY, PRACTICABILITY, AND DIGNITY;

WITH GLANCES AT

THE SPECIAL DUTIES OF THE NORTH.

Address before the People of New York, at the Metropolitan Theatre, May 9, 1855.

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ADDRESS.

History abounds in vicissitudes. From weakness and humility, men ascend to power and place. From defeat and disparagement, enterprises are borne on to recognition and triumph. The martyr of to-day is gratefully enshrined on the morrow. The stone that the builders rejected is made head of the corner. Thus it always has been, and ever will be.

Only twenty years ago, in 1835, the friends of the slave in our country were weak and humble, while their great undertaking, just then showing itself, was trampled down and despised. Small companies, gathered together in the name of Freedom, were interrupted and often dispersed by riotous mobs. At Boston, a feeble association of women, called the Female Antislavery Society, sitting in a small room of an upper story in an obscure building, was insulted and then driven out of doors by a frantic crowd, politely termed at the time “gentlemen of property and standing,” which, after various deeds of violence and vileness, next directed itself upon William Lloyd Garrison,—known as the determined editor of the “Liberator,” and originator of the Antislavery Enterprise in our day,—then ruthlessly tearing him away, amidst savage threats and with a halter about his neck, dragged him through the 8 streets, until, at last, guilty only of loving liberty, if not wisely, too well, this unoffending citizen was thrust into the common jail for protection against an infuriate populace. Nor was Boston alone. Even villages in remote rural solitude broke out in similar outrage,—while large towns, like Providence, New Haven, Utica, Worcester, Alton, Cincinnati, Baltimore, Philadelphia, and New York, became so many fiery craters overflowing with rage and madness. What lawless violence failed to accomplish was urged next through forms of law. By solemn legislative acts, the Slave States called on the Free States “promptly and effectually to suppress all those associations within their respective limits purporting to be Abolition Societies”; [1] and Rhode Island, Massachusetts, and New York basely hearkened to the base proposition. The press, too, with untold power, exerted itself in this behalf, while pulpit, politician, and merchant conspired to stifle discussion, until the voice of Freedom was hushed to a whisper, “alas! almost afraid to know itself.”

Since then, in the lapse of few years only, a change has taken place. Instead of those small companies, counted by tens, we have now this mighty assembly, counted by thousands; instead of an insignificant apartment, like that in Boston, the mere appendage of a printing-office, where, as in the manger itself, Truth was cradled, we have this Metropolitan Hall, ample in proportion and central in place; instead of a profane and clamorous mob, beating at our gates, dispersing our 9 assembly, and making one of our number the victim of its fury, we have peace and harmony at unguarded doors, ruffled only by generous competition to participate in this occasion; while Legislatures openly declare their sympathies, villages, towns, and cities vie in the new manifestation, and the press itself, with increased power, heralds, applauds, and extends the prevailing influence, which, gushing from every fountain, and pouring through every channel, at last, by quickening power of pulpit, politician, and merchant, swells into an irresistible tide.

Here is a great change, worthy of notice and memory, for it attests the first stage of victory. Slavery, in all its many-sided wrong, still continues; but here in this metropolis—ay, Sir, and throughout the whole North—freedom of discussion is at length secured. And this, I say, is the first stage of victory,—herald of the transcendent future.

Nor is there anything peculiar in the trials to which our cause has been exposed. Thus in all ages is Truth encountered. At first persecuted, gagged, silenced, crucified, she cries out from the prison, the rack, the stake, the cross, until at last her voice is heard. And when that voice is really heard, whether in martyr cries, or in earthquake tones of civil convulsion, or in the calmness of ordinary speech, such as I now employ, or in that still, small utterance inaudible to the common ear, then is the beginning of victory! “Give me where to stand and I will move the world,” said Archimedes; and Truth asks no more than did the master of geometry.

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Viewed in this aspect, the present occasion rises above any ordinary course of lectures or series of political meetings. It is the inauguration of Freedom. From this time forward, her voice of warning and command cannot be silenced. The sensitive sympathies of property, in this commercial mart, may yet again recognize property in man; the watchful press itself may falter or fail; but the vantage-ground of free discussion now achieved cannot be lost. On this I take my stand, and, as from the Mount of Vision, behold the whole field of our great controversy spread before me. There is no point, topic, fact, matter, reason, or argument, touching the question between Slavery and Freedom, which is not now open. From these I might aptly select some one, and confine myself to its development. But I should not in this way best satisfy the seeming requirement of the occasion. According to the invitation of your Committee, I was to make an address introductory to the present course of lectures, but was prevented by ill-health. And now, at the close of the course, I am to say what I failed to say at its beginning. Not as Caucus or as Congress can I address you; nor am I moved to undertake a political harangue or constitutional argument. Out of the occasion let me speak, and, discarding any individual topic, aim to exhibit the entire field, in its divisions and subdivisions, with metes and bounds.

My subject will be The Necessity, Practicability, and Dignity of the Antislavery Enterprise, with Glances at Special Duties of the North . By this enterprise I do not mean the efforts of any restricted circle, sect, or party, but the cause of the slave, in all its forms and under all its names,—whether inspired by 11 pulpit, press, economist, or politician,—whether in the early, persistent, and comprehensive demands of Garrison, the gentler tones of Channing, or the strictly constitutional endeavors of others now actually sharing the public councils of the country. To carry through this review, under its different heads, I shall not hesitate to meet the objections urged against it, so far at least as I am aware of them. As I speak to you seriously, I venture to ask your serious attention even to the end. Not easily can a public address reach that highest completeness which is found in mingling the useful and the agreeable; but I desire to say that it will be my effort to cultivate that highest courtesy of a speaker which is found in clearness.

I.

I begin with the NECESSITY of the Antislavery Enterprise. In the wrong of Slavery, as defined by existing law , this necessity is plainly apparent; nor can any man within the sound of my voice, who listens to the authentic words of the law, hesitate in my conclusion. A wrong so grievous and unquestionable should not be allowed to continue. For the honor of human nature, and the good of all concerned, it must at once cease . On this simple statement, as corner-stone, I found the necessity of the Antislavery Enterprise.

I do not dwell, Sir, on the many tales which come from the house of bondage: on the bitter sorrows undergone; on the flesh galled by manacle, or spurting blood beneath the lash; on the human form mutilated by knife, or seared by red-hot iron; on the ferocious scent of bloodhounds in chase of human prey; on the sale of fathers and mothers, husbands and wives, brothers and sisters, 12 little children, even infants, at the auction block; on the practical prostration of all rights, all ties, and even all hope; on the deadly injury to morals, substituting concubinage for marriage, and changing the whole land of Slavery into a by-word of shame, only fitly pictured by the language of Dante, when he called his own degraded country a House of Ill Fame; [2] and, last of all, on the pernicious influence upon master as well as slave, showing itself too often, even by his own confession, in rudeness of manners and character, and especially in that blindness which renders him insensible to the wrongs he upholds. On these things I do not dwell, although volumes are at hand of unquestionable fact, and also of illustrative story so just and germane as to vie with fact, out of which I might draw, until, like Macbeth, you had “supped full with horrors.”

All these I put aside,—not because I do not regard them of moment in exhibiting the true character of Slavery, but because I desire to present this argument on grounds above all controversy, impeachment, or suspicion, even from slave-masters themselves. Not on triumphant story, not even on indisputable fact, do I now accuse Slavery, but on its character, as revealed in its own simple definition of itself. Out of its own mouth do I condemn it. By the Law of Slavery , man, created in the image of God, is divested of the human character, and declared to be a mere chattel. That this statement may not seem to be put forward without precise authority, I quote the law of two different States. The Civil Code of Louisiana thus defines a slave:—

The law of another polished Slave State gives this definition:—

And a careful writer, Judge Stroud, in a work of juridical as well as philanthropic merit, thus sums up the law:—

Sir, this is enough. As out of its small egg crawls forth the slimy, scaly, reptile crocodile, so out of this simple definition crawls forth the whole slimy, scaly, reptile monstrosity by which a man is changed into a chattel, a person is converted into a thing, a soul is transmuted into merchandise. According to this very definition, the slave is held simply for the good of his master, to whose behest his life, liberty, and happiness are devoted, and by whom he may be bartered, leased, mortgaged, bequeathed, invoiced, shipped as cargo, stored as goods, sold on execution, knocked off at public auction, and even staked at the gaming-table on the hazard 14 of a card or die. The slave may seem to have a wife; but he has not, for his wife belongs to his master. He may seem to have a child; but he has not, for his child is owned by his master. He may be filled with desire of knowledge, opening to him the gates of joy on earth and in heaven; but the master may impiously close all these gates. Thus is he robbed, not merely of privileges, but of himself,—not merely of money and labor, but of wife and children,—not merely of time and opportunity, but of every assurance of happiness,—not merely of earthly hope, but of all those divine aspirations that spring from the Fountain of Light. He is not merely restricted in liberty, but totally deprived of it,—not merely curtailed in rights, but absolutely stripped of them,—not merely loaded with burdens, but changed into a beast of burden,—not merely bent in countenance to the earth, but sunk in law to the level of a quadruped,—not merely exposed to personal cruelty, but deprived of his character as a person,—not merely compelled to involuntary labor, but degraded to a rude thing,—not merely shut out from knowledge, but wrested from his place in the human family. And all this, Sir, is according to the simple Law of Slavery.

And even this is not all. The law, by cumulative provisions, positively forbids that a slave shall be taught to read. Hear this, fellow-citizens, and confess that no barbarity of despotism, no extravagance of tyranny, no excess of impiety can be more blasphemous or deadly. “Train up a child in the way he should go” is the lesson of Divine Wisdom; but the Law of Slavery boldly prohibits any such training, and dooms the child to hopeless ignorance and degradation. “Let there be light” was the Divine behest at the dawn of Creation,—and 15 this commandment, travelling with the ages and the hours, still speaks with the voice of God; yet the Law of Slavery says, “Let there be darkness.”

But it is earnestly averred that slave-masters are humane, and slaves are treated with kindness. These averments, however, I properly put aside, precisely as I have already put aside the multitudinous illustrations from the cruelty of Slavery. On the simple letter of the law I take my stand, and do not go beyond what is there nominated. The masses of men are not better than their laws, and, whatever may be the eminence of individual virtue, it is not reasonable to infer that the body of slave-masters is better than the Law of Slavery. And since this law submits the slave to their irresponsible control, with power to bind and to scourge, to shut the soul from knowledge, to separate families, to unclasp the infant from a mother’s breast, and the wife from a husband’s arms, it is natural to conclude that such enormities are sanctioned by them, while the supplementary denial of instruction gives conclusive evidence of their full complicity. And this conclusion must exist unquestioned, just so long as the law exists unrepealed. Cease, then, to blazon the humanity of slave-masters. Tell me not of the lenity with which this cruel law is tempered to its unhappy subjects. Tell me not of the sympathy which overflows from the mansion of the master to the cabin of the slave. In vain you assert these instances. In vain you show that there are individuals who do not exert the wickedness of the law. The law still endures. Slavery, which it defines and upholds, continues to outrage Public Opinion, and, within the limits of our Republic, more than three millions of human beings, guilty only of a skin 16 not colored like your own, are left the victims of its unrighteous, irresponsible power.

Power divorced from right is devilish; power without the check of responsibility is tyrannical; and I need not go back to the authority of Plato, when I assert that the most complete injustice is that erected into the form of law. But all these things concur in Slavery. It is, then, on the testimony of slave-masters, solemnly, legislatively, judicially attested in the very law itself, that I now arraign this institution as an outrage upon man and his Creator. And herein is the necessity of the Antislavery Enterprise. A wrong so transcendent, so loathsome, so direful, must be encountered, wherever it can be reached ; and the battle must be continued without truce or compromise, until the field is entirely won. Freedom and Slavery can hold no divided empire; nor can there be any true repose, until Freedom is everywhere established.

To the necessity of the Antislavery Enterprise there are two, and only two, main objections,—one founded on the alleged distinction of race, and the other on the alleged sanction of Christianity. All other objections are of inferior character, or are directed logically at its practicability . Of these two main objections let me briefly speak.

1. I begin with the alleged distinction of race . This objection assumes two different forms,—one founded on a prophetic malediction in the Old Testament, and the other on professed observations of recent science. Its importance is apparent in the obvious fact, that, unless such distinction be clearly and unmistakably established, 17 every argument by which our own freedom is vindicated, every applause awarded to the successful rebellion of our fathers, every indignant word ever hurled against the enslavement of white fellow-citizens by Algerine corsairs, must plead trumpet-tongued against the deep damnation of Slavery, black as well as white.

It is said that Africans are the posterity of Ham, son of Noah, through Canaan cursed by Noah, to be the servant of his brethren, and that this malediction has fallen upon all his descendants, including the unhappy Africans,—who are accordingly devoted by God, through unending generations, to unending bondage. Such is the favorite argument at the South, and more than once directly addressed to myself. Here, for instance, is a passage from a letter recently received. “You need not persist,” says the writer, “in confounding Japheth’s children with Ham’s, and making both races one, and arguing on their rights as those of man broadly.” And I have been seriously assured, that, until this objection is answered, it will be vain to press my views upon Congress or the country. Listen now to the texts of the Old Testament which are so strangely employed.

That is all; and I need only read these words in order to expose the whole—transpicuous humbug. I am tempted to add, that, to justify this objection, it is necessary to maintain at least five different propositions, as essential links in the chain of the African slave: first , 18 that by this malediction Canaan himself was actually changed into a chattel ,—whereas he is simply made the servant of his brethren; secondly , that not merely Canaan, but all his posterity, to the remotest generation, was so changed,—whereas the language has no such extent; thirdly , that the African actually belongs to the posterity of Canaan,—an ethnographical assumption absurdly difficult to establish; fourthly , that each descendant of Shem and Japheth has a right to hold an African fellow-man as chattel,—a proposition which finds no semblance of support; and, fifthly , that every slave-master is truly descended from Shem or Japheth,—a pedigree which no anxiety or assurance can prove. This plain analysis, which may fitly excite a smile, shows the fivefold absurdity of an attempt to found this revolting wrong on any

The small bigotry which finds comfort in these texts has been exalted lately by the voice of Science, undertaking to suggest that the different races of men are not derived from a single pair, but from several distinct stocks, according to their several distinct characteristics; and it is haughtily argued, that the African is so far inferior as to lose all title to that liberty which is the birthright of the lordly white. Now I have neither time nor disposition, on this occasion, to discuss the question of the unity of races; nor is it necessary to my present purpose. It may be that the different races of men proceeded from different stocks; but there is but one great Human Family, in which Caucasian and African, Chinese and Indian, are all brothers, children of one Father, and 19 heirs to one happiness,—alike on earth and in heaven. “Star-eyed Science” cannot shake this everlasting truth. It may exhibit peculiarities in the African, by which he is distinguishable from the Caucasian. In his physical form and intellectual character it may presume to find the stamp of permanent inferiority. But by no reach of learning, no torture of fact, no effrontery of dogma, can any science show that he is not a man . And as a man he stands before you an unquestionable member of the Human Family, entitled to all the rights of man . You can claim nothing for yourself, as man , which you must not accord to him. Life, liberty, and the pursuit of happiness , which you proudly declare to be your own inalienable, God-given rights, and to the support of which your fathers pledged their lives, fortunes, and sacred honor, are his by the same immortal title that they are yours.

2. From the objection founded on alleged distinction of race, I pass to that other founded on alleged sanction of Slavery by Christianity . Striving to be brief, I shall not undertake to reconcile texts often quoted from the Old Testament, which, whatever their import, are all absorbed in the New; nor shall I stop to consider the precise interpretation of the familiar phrase, Servants, obey your masters , nor seek to weigh any such imperfect injunction in the scales against those grand commandments on which hang all the Law and the Prophets. Surely, in the example and teachings of the Saviour, who lifted up the down-trodden, who enjoined purity of life, and overflowed with tenderness even to little children, human ingenuity can find no apology for an institution which tramples on man, which defiles woman, and sweeps 20 little children beneath the hammer of the auctioneer. If to any one these things seem to have the license of Christianity, it is only because they have first secured a license in his own soul. Men are prone in uncertain, disconnected texts to find confirmation of their own personal prejudices or prepossessions. And I—who am no theologian, but only a simple layman—make bold to say, that whoever finds in the Gospel any sanction of Slavery finds there merely a reflection of himself. On a matter so irresistibly clear authority is superfluous; but an eminent character, who as poet makes us forget his high place as philosopher, and as philosopher makes us forget his high place as theologian, exposes the essential antagonism between Christianity and Slavery in a few pregnant words, which, by recalling the spirit of our Faith, are more satisfactory than whole volumes of ingenious discussion. “By a principle essential to Christianity,” says Coleridge, “a person is eternally differenced from a thing ; so that the idea of a Human Being necessarily excludes the idea of property in that Being .” [8]

With regret, though not with astonishment, I learn that a Boston divine has sought to throw the seamless garment of Christ over this shocking wrong. But I am patient, and see clearly how vain is his effort, when I call to mind, that, within this very century, other divines in another country sought to throw the same sacred vesture over the more shocking slave-trade,—and that, among many publications, a little book was then put forth by a reverend clergyman, with the title, “The African Trade for Negro Slaves shewn to be consistent with Principles of Humanity and with the Laws 21 of Revealed Religion.” [9] Thinking of these things, I am ready to say, with Shakespeare,—

In support of Slavery, it is the habit to pervert texts and to invent authority. Even St. Paul is vouched for a wrong which his Christian life rebukes. Much stress is now laid on his example, as it appears in the Epistle to Philemon, written at Rome, and sent by Onesimus, a servant. From the single chapter constituting the entire epistle I take the following ten verses, most strangely invoked for Slavery.

Out of this affectionate epistle, where St. Paul calls the converted servant, Onesimus, his son , precisely as in another epistle he calls Timothy his son, Slavery is elaborately vindicated, and the great Apostle to the Gentiles made the very tutelary saint of the Slave-Hunter. Now, without invoking his real judgment of Slavery from his condemnation on another occasion of “men-stealers,” or what I prefer to call slave-hunters , in company with “murderers of fathers and murderers of mothers,” and without undertaking to show that the present epistle, when truly interpreted, is a protest against Slavery and a voice for Freedom,—all of which might be done,—I content myself with calling attention to two things, apparent on its face, and in themselves an all-sufficient response. First , while it appears that Onesimus had been in some way the servant of Philemon, it does not appear that he was ever held as chattel ; and how gross and monstrous is the effort to derive such a wrong out of words, whether in the Constitution of our country or in the Bible, which do not explicitly, unequivocally, and exclusively define this wrong! Secondly , in charging Onesimus with this epistle to Philemon, the Apostle recommends him as 23 “not now a servant, but above a servant, a brother beloved,” and he enjoins upon his correspondent the hospitality due to a freeman, saying expressly, “If thou count me, therefore, a partner, receive him as myself ”: ay, Sir, not as slave, not even as servant, but as brother beloved, even as the Apostle himself. Thus, with apostolic pen, wrote Paul to his disciple, Philemon. In these words of gentleness, benediction, and equal rights, dropping with celestial, soul-awakening power, there can be no justification for a conspiracy, which, beginning with the treachery of Iscariot and the temptation of pieces of silver, seeks, by fraud, brutality, and violence, through officers of the law armed to the teeth, like pirates, and amidst soldiers who degrade their uniform, to hurl a fellow-man back into the lash-resounding den of American Slavery; and when any one thus perverts this beneficent example, allow me to say that he gives too much occasion to doubt his intelligence or his sincerity.

Certainly I am right in stripping from Slavery the apology of Christianity, which it has tenaciously hugged; and here I leave the first part of my subject, asserting, against every objection, the Necessity of our Enterprise.

II.

I am now brought, in the second place, to the Practicability of the Enterprise. And here the way is easy. In showing its necessity, I have already demonstrated its practicability; for the former includes the latter, as the greater includes the less. Whatever is necessary must be practicable. By a decree which is a proverb of tyranny, the Israelites were compelled to make bricks without 24 straw; but it is not according to the ways of a benevolent Providence that man should be constrained to do what cannot be done. Besides, the Antislavery Enterprise is right; and the right is always practicable.

I know well the little faith of the world in the triumph of principles, and I readily imagine the despair with which our object is regarded; but not on this account am I disheartened. That exuberant writer, Sir Thomas Browne, breaks into ecstatic wish for some new difficulty in Christian belief, that his faith may have a new victory; and an eminent enthusiast went so far as to say, “I believe because it is impossible,”— Credo quia impossibile . No such exalted faith is now required. Here is no impossibility; nor is there any difficulty which will not yield to faithful, well-directed endeavor. If to any timid soul the Enterprise seems impossible because it is too beautiful, then do I say at once that it is too beautiful not to be possible.

Descending from these summits, let me show plainly the object it seeks to accomplish; and here you will see and confess its complete practicability. While discountenancing all prejudice of color and every establishment of caste, the Antislavery Enterprise—at least so far as I may speak for it—does not undertake to change human nature, or to force any individual into relations of life for which he is not morally, intellectually, and socially adapted; nor does it necessarily assume that a race, degraded for long generations under the iron heel of bondage, can be taught at once all the political duties of an American citizen. But, Sir, it does confidently assume, against all question, contradiction, or assault whatever, that every man is entitled to life, liberty, and the pursuit of happiness; and, with equal confidence, it 25 asserts that every individual who wears the human form, whether black or white, should be recognized at once as man . When this is done, I know not what other trials may be in wait for the unhappy African; but this I do know, that the Antislavery Enterprise will then have triumphed, and the institution of Slavery, as defined by existing law , will no longer shock mankind.

In this work, the first essential, practical requisite is, that the question shall be openly and frankly confronted. Do not put it aside. Do not blink it out of sight. Do not dodge it. Approach it. Study it. Ponder it. Deal with it. Let it rest in the illumination of speech, conversation, and the press. Let it fill the thoughts of the statesman and the prayers of the pulpit. When Slavery is thus regarded, its true character will be recognized, as a hateful assemblage of unquestionable wrongs under sanction of existing law , and good men will be moved to apply the remedy. Already even its zealots admit that its “abuses” should be removed. This is their word, not mine. Alas! alas! Sir, it is these very “abuses” that constitute its component parts, without which it would not exist,—even as the scourges in a bundle with the axe constituted the dread fasces of the Roman lictor. Take away these, and the whole embodied outrage disappears. Surely that central assumption—more deadly than axe itself—by which man is changed into a chattel, may be abandoned; and is not this practicable? The associate scourges by which that transcendent “abuse” is surrounded may, one by one, be subtracted. The “abuse” which substitutes concubinage for marriage, the “abuse” which annuls the parental relation, the “abuse” which closes the portals of knowledge, the “abuse” which tyrannically usurps all the labor 26 of another, now upheld by positive law, may by positive law be abolished. To say that this is not practicable, in the nineteenth century, is a scandal upon mankind, and just in proportion as these “abuses” cease to have the sanction of law will the institution of Slavery cease to exist. The African, whatever may be then his condition, will no longer be the slave over whose wrongs and sorrows the world throbs at times fiercely indignant, and at times painfully sad, while with outstretched arms he sends forth the piteous cry, “Am I not a man and a brother?”

In pressing forward to this result, the inquiry is often presented, To what extent, if any, shall compensation be allowed to slave-masters? Clearly, if the point be determined by absolute justice , not the masters, but the slaves, are entitled to compensation; for it is the slaves who, throughout weary generations, have been deprived of the fruits of their toil, all constantly enriching their masters. Besides, it seems hardly reasonable to pay for the relinquishment of disgusting “abuses,” which, in their aggregation, constitute the bundle of Slavery. Pray, Sir, by what tariff, price-current, or principle of equation, shall their several values be estimated? What sum shall be counted out as the proper price for the abandonment of that pretension—more indecent than the jus primæ noctis of the feudal age—which leaves woman, whether in the arms of master or slave, always a concubine? What bribe shall be proffered for restoration of God-given paternal rights? What money shall be paid for taking off the padlock by which souls are fastened down in darkness? How much for a quit-claim to labor now meanly exacted by the strong from the weak? And what compensation shall be awarded 27 for the egregious assumption, condemned by reason and abhorred by piety, which changes man into a thing? I put these questions without undertaking to pass upon them. Shrinking instinctively from any recognition of rights founded on wrongs , I find myself shrinking also from any austere verdict which shall deny any means necessary to the great consummation. Our fathers, under Washington, did not hesitate, by Act of Congress, to appropriate largely for the ransom of white fellow-citizens enslaved by Algerine corsairs; and, following this example, I am disposed to consider the question of compensation as one of expediency, to be determined by the exigency of the hour and the constitutional powers of the Government,—though such is my desire to see the disappearance of Slavery, that I could not hesitate to build a Bridge of Gold, if necessary, for the retreating fiend.

The Practicability of the Antislavery Enterprise is constantly questioned, often so superficially as to be answered at once. I shall not take time to consider the allegation, founded on assumptions of economy, which audaciously assumes that Slave Labor is more advantageous than Free Labor, that Slavery is more profitable than Freedom, for this is all exploded by official tables of the census,—nor that other futile argument, that the slaves are not prepared for Freedom, and therefore should not be precipitated into this condition, for this is no better than the ancient Greek folly, where the anxious mother would not allow her son to enter the water until he had learned to swim.

As against the Necessity of the Antislavery Enterprise there were two chief objections, so also against its 28 Practicability there are two,—the first founded on alleged danger to the master, and the second on alleged damage to the slave himself.

1. The first objection, founded on alleged danger to the master , most generally takes the extravagant form, that the slave, if released from his present condition, would “cut his master’s throat.” Here is a blatant paradox, which can pass for reason only among those who have lost their reason. With absurdity having no parallel except in the defences of Slavery, it assumes that the African, when treated justly, will show a vindictiveness he does not exhibit when treated unjustly,—that, when elevated by the blessings of Freedom, he will develop an appetite for blood never manifested when crushed by the curse of bondage. At present, the slave sees his wife ravished from his arms,—sees his infant swept away to the auction-block,—sees the heavenly gates of knowledge shut upon him,—sees his industry and all its fruits unjustly snatched by another,—sees himself and his offspring doomed to servitude from which there is no redemption; and still his master sleeps secure. Will the master sleep less secure when the slave no longer smarts under these revolting atrocities? I will not trifle with your intelligence, or with the quick-passing hour, by arguing this question.

There is a lofty example, brightening the historic page, by which the seal of experience is affixed to the conclusion of reason; and you would hardly pardon me, if I failed to adduce it. By a single Act of Parliament the slaves of the British West Indies were changed at once to freedmen; and this great transition was accomplished absolutely without personal danger of any 29 kind to the master. And yet the chance of danger there was greater far than among us. In our broad country the slaves are overshadowed by a more than sixfold white population. Only in two States, South Carolina and Mississippi, do the slaves outnumber the whites, and there not greatly, while in the entire Slave States the whites outnumber the slaves by millions. It was otherwise in the British West Indies, where the whites were overshadowed by a more than sixfold population. The slaves were 800,000, while the whites numbered only 131,000, distributed in different proportions on the different islands. And this disproportion has since increased rather than diminished, always without danger to the whites. In Jamaica, the largest of these possessions, there are now upwards of 400,000 Africans, and only 15,000 whites; in Barbadoes, the next largest, 120,000 Africans, and only 16,000 whites; in St. Lucia, 24,000 Africans, and only 900 whites; in Tobago, 14,000 Africans, and only 160 whites; in Montserrat, 7,000 Africans, and only 150 whites; and in the Grenadines, upwards of 6,000 Africans, and only about 60 whites. [11] And yet the authorities in all these places attest the good behavior of the Africans. Sir Lionel Smith, Governor of Jamaica, in a speech to the Assembly, declares that their conduct “amply proves how well they have deserved the boon of Freedom”; [12] the Governor of the Leeward Islands dwells on 30 “the peculiarly rare instances of the commission of grave or sanguinary crimes amongst the emancipated population of these islands”; [13] and the Queen of England, in a speech from the throne, has announced that the complete and final emancipation of the Africans had “taken place without any disturbance of public order and tranquillity.” [14] In this example I find new confirmation of the rule, that the highest safety is in doing right; and thus do I dismiss the objection founded on alleged danger to the master.

2. I am now brought to the second objection, founded on alleged damage to the slave . It is common among partisans of Slavery to assert that our Enterprise has actually retarded the cause it seeks to promote; and this paradoxical accusation, which might naturally show itself among the rank weeds of the South, is cherished here on our Northern soil among those who look for any fig-leaf with which to cover indifference or tergiversation.

This peculiar form of complaint is an old device, instinctively employed on other occasions, until it ceases to be even plausible. Thus, throughout all time, has every good cause been encountered. The Saviour was nailed to the cross with a crown of thorns on his head, as a disturber of that peace on earth which he came to declare. The Disciples, while preaching the Gospel of forgiveness and good-will, were stoned as preachers of sedition and discord. The Reformers, who sought to establish a higher piety and faith, were burnt at the stake as blasphemers and infidels. Patriots, in all ages, striving for their country’s good, have been doomed to 31 the scaffold or to exile, even as their country’s enemies. Those brave Englishmen, who, at home, under the lead of Edmund Burke, espoused the cause of our fathers, shared the same illogical impeachment, which was touched to the quick by that orator statesman, when, after exposing its essential vice, in “attributing the ill effect of ill-judged conduct to the arguments which had been used to dissuade us from it,” he denounced it as “absurd, but very common in modern practice, and very wicked.” [15] Ay, Sir, it is common in modern practice. In England it has vainly renewed itself with special frequency against Bible Societies,—against the friends of education,—against the patrons of vaccination,—against the partisans of peace,—all of whom have been openly arraigned as provoking and increasing the very evils, whether of infidelity, ignorance, disease, or war, which they benignly seek to check. To bring an instance precisely applicable to our own,—Wilberforce, when conducting the Antislavery Enterprise of England, first against the Slave-Trade, and then against Slavery itself, was told that those efforts, by which his name is now consecrated forevermore, tended to increase the hardships of the slave, even to the extent of riveting anew his chains. Such are precedents for the imputation to which our Enterprise is exposed; and such, also, are precedents by which I exhibit the fallacy of the imputation.

Sir, I do not doubt that the Enterprise produces heat and irritation, amounting often to inflammation, among slave-masters, which to superficial minds seems inconsistent with success, but which the careful observer 32 will recognize at once as the natural and not unhealthy effort of a diseased body to purge itself of existing impurities; and just in proportion to the malignity of the concealed poison will be the extent of inflammation. A distemper like Slavery cannot be ejected like a splinter. It is too much to expect that men thus tortured should reason calmly, that patients thus suffering should comprehend the true nature of their case and kindly acknowledge the beneficent cure; but not on this account can it be suspended. Nor, when we consider the character of Slavery, can it be expected that men who sustain it will be tranquil. Conscience has its voice, and will be heard in awful warning hurrying to and fro in the midnight hour. Its outcry is more natural than silence.

In the face of this complaint, I assert that the Antislavery Enterprise has already accomplished incalculable good. Even now it sweeps the national heart, compelling it to emotions of transforming power. All are touched,—the young, the middle-aged, the old. There is a new glow at the household hearth. Mothers, wives, sisters, and daughters are aroused to take part in the great battle. There is a new aspiration for justice on earth, awakening not merely a sentiment against Slavery, such as prevailed with our fathers, but a deep, undying conviction of its wrong, and a determination to leave no effort unattempted for its removal. With the sympathies of all Christendom as allies, already it encompasses the slave-masters by a moral blockade , invisible to the eye, but more potent than navies, from which there can be no escape except in final capitulation. Thus it has created the irresistible influence which itself constitutes the beginning of success.

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Already are signs of change. In common speech, as well as in writing, among slave-masters, the bondman is no longer called slave , but servant ,—thus, by soft substitution, concealing and condemning the true relation. Newspapers, even in the land of bondage, blush at the hunt of men by bloodhounds,—thus protesting against an unquestionable incident of Slavery. Other signs appear in the added comfort of the slave,—in the enlarged attention to his wants,—in the experiments now beginning, by which the slave is enabled to share in the profits of his labor, and thus finally secure his freedom,—and, above all, in the consciousness among slave-masters that they dwell now, as never before, under the keen observation of an ever-wakeful Public Opinion, quickened by an ever-wakeful Public Press. Nor is this all. Only lately propositions were introduced into the Legislatures of different States, and countenanced by Governors, to mitigate the existing Law of Slavery; and almost while speaking, I have received drafts of two different memorials, one to the Legislature of Virginia, and the other to that of North Carolina, asking for the slave three things, which it will be monstrous to refuse, but which, if conceded, will take from Slavery its existing character: I mean, first , the protection of the marriage relation; secondly , the protection of the parental relation; and, thirdly , the privilege of knowledge. Grant these, and the girdled Upas tree soon must die. Sir, amidst these tokens of present success, and the auguries of the future, I am not disturbed by complaints of seeming damage. “Though it consume our own dwelling, who does not venerate fire, without which human life can hardly exist on earth?” says the Hindoo proverb; and the time is even now at hand, when the 34 Antislavery Enterprise, which is the very fire of Freedom, with all its incidental excesses and excitements, will be hailed with similar regard.

III.

It remains to show, in the third place, that the Antislavery Enterprise, which stands before you at once necessary and practicable, is commended by inherent Dignity . Here reasons are obvious and unanswerable.

Its object is benevolent; nor is there in the dreary annals of the Past a single enterprise more clearly and indisputably entitled to this character. With unsurpassed and touching magnanimity, it seeks to benefit the lowly whom your eyes have not seen, and who are ignorant even of your labors, while it demands and receives a self-sacrifice calculated to ennoble an enterprise of even questionable merit. Its true rank is among works properly called philanthropic ,—the title of highest honor on earth. “I take goodness in this sense,” says Lord Bacon in his Essays, “ the affecting of the weal of men , which is that the Grecians call Philanthropia, … of all virtues and dignities of the mind the greatest, being the character of the Deity; and without it, man is a busy, mischievous, wretched thing, no better than a kind of vermin.” [16] Lord Bacon was right, and perhaps unconsciously followed a higher authority; for, when Moses asked the Lord to show him his glory, the Lord said, “I will make all my goodness pass before thee.” [17] Ah! Sir, Peace has trophies fairer and more perennial than any snatched from fields of blood, but, among all 35 these, the fairest and most perennial are the trophies of beneficence. Scholarship, literature, jurisprudence, art, may wear their well-deserved honors; but an enterprise of goodness deserves, and will yet receive, a higher palm than these.

In other aspects its dignity is apparent. It concerns the cause of Human Freedom, which from earliest days has been the darling of History. By all the memories of the Past, by the stories of childhood and the studies of youth, by every example of magnanimous virtue, by every aspiration for the good and true, by the fame of martyrs swelling through all time, by the renown of patriots whose lives are landmarks of progress, by the praise lavished upon our fathers, are you summoned to this work. Unless Freedom be an illusion, and Benevolence an error, you cannot resist the appeal. Who can doubt that our cause is nobler even than that of our fathers? for is it not more exalted to struggle for the freedom of others than for our own ?

Its practical importance at this moment gives to it additional eminence. Whether measured by the number of beings it seeks to benefit, by the magnitude of the wrongs it hopes to relieve, by the difficulties with which it is beset, by the political relations which it affects, or by the ability and character it enlists, the cause of the slave now assumes proportions of grandeur which dwarf all other interests in our broad country. In its presence the machinations of politicians, the aspirations of office-seekers, and the subterfuges of party, all sink below even their ordinary insignificance. For myself, Sir, I see among us at this time little else by which an honest man, wishing to leave the world better than he found it, can be tempted out upon the exposed 36 steeps of public life. I see little else which can afford any of those satisfactions an honest man should covet. Nor is there any cause so surely promising final success:—

It is written that in the last days there shall be scoffers, and even this Enterprise, thus philanthropic, does not escape their aspersions. As the objections to its Necessity were twofold, and the objections to its Practicability twofold, so also are the aspersions twofold,— first , in the form of hard words, and, secondly , by personal disparagement of those engaged in it.

1. The hard words are manifold as the passions and prejudices of men; but they generally end in the imputation of “fanaticism.” In such a cause I am willing to be called “fanatic,” or what you will; I care not for aspersions, nor shall I shrink before hard words, either here or elsewhere. They do not hurt. “My dear Doctor,” said Johnson to Goldsmith, “what harm does it do any man to call him Holofernes?” From that great Englishman, Oliver Cromwell, I have learned that one cannot be trusted “who is afraid of a paper pellet”; and I am too familiar with history not to know that every movement for reform, in Church or State, every endeavor for Human Liberty or Human Rights, has been thus assailed. I do not forget with what facility and frequency hard words are employed: how that grandest character of many generations, the precursor of our own Washington, without whose example our Republic might have failed, the great William, Prince of Orange, 37 founder of the Dutch Republic, the United States of Holland,—I do not forget how he was publicly branded as “a perjurer and a pest of society”; and, not to dwell on general instances, how the enterprise for the abolition of the slave-trade was characterized on the floor of Parliament, by one eminent speaker as “mischievous,” and by another as “visionary and delusive”; and how the exalted characters which it enlisted were arraigned by still another eminent speaker,—none other than that Tarleton, so conspicuous as commander of the British horse in the Southern campaigns of our Revolution, but more conspicuous in politics at home,—“as a junto of sectaries, sophists, enthusiasts, and fanatics”; and yet again were arraigned by no less a person than a prince of the blood, the Duke of Clarence, afterwards William the Fourth of England, as “either fanatics or hypocrites,” in one of which categories he openly placed William Wilberforce. [19] Impartial History, with immortal pen, has redressed these impassioned judgments; nor has the voice of the poet been wanting:—

But the same impartial History will yet re-judge the impassioned judgments of this hour.

2. Hard words have been followed by personal disparagement , and the sneer is often raised that our Enterprise lacks the authority of names eminent in Church and State. If this be so, the more is the pity on their account; for our cause is needful to them more than 38 they are needful to our cause. Alas! it is only according to example of history that it should be so. It is not the eminent in Church and State, the rich and powerful, the favorites of fortune and of place, who most promptly welcome Truth, when she heralds change in the existing order of things. It is others in poorer condition who open hospitable hearts to the unattended stranger. This is a sad story, beginning with the Saviour, whose disciples were fishermen, and ending only in our own day. Each generation has its instances. But the cause cannot be judged by any such indifference. Strong in essential truth, it awaits the day, surely at hand, when all will flock to its support. As the rights of man are at last recognized, the scoffers, now so heartless, will forget to scoff.

And now, Sir, I present to you the Antislavery Enterprise vindicated, in Necessity, Practicability, and Dignity, against all objection. If there be any which I have not answered, it is because I am not aware of its existence. It remains that I should give a practical conclusion to this whole matter, by showing, though in glimpses only, your Special Duties as Freemen of the North . And, thank God! at last there is a North.

Mr. President, it is not uncommon to hear persons among us at the North confess the wrong of Slavery, and then, folding the hands in absolute listlessness, ejaculate, “What can we do about it?” Such we encounter daily. You all know them. Among them are men in every department of human activity,—who perpetually buy, build, and plan,—who shrink from no labor,—who are daunted by no peril of commercial 39 adventure, by no hardihood of industrial enterprise,—who, reaching in their undertakings across ocean and continent, would promise to “put a girdle round about the earth in forty minutes”; and yet, disheartened, they can join in no effort against Slavery. Others there are, especially among the youthful and enthusiastic, who vainly sigh because they were not born in the age of Chivalry, or at least in the days of the Revolution, not thinking that in this Enterprise there is opportunity for lofty endeavor such as no Paladin of Chivalry or chief of the Revolution enjoyed. Others there are who freely bestow means and time upon distant, inaccessible heathen of another hemisphere, in islands of the sea; and yet they can do nothing to mitigate our graver heathenism here at home. While confessing that it ought to disappear from the earth, they forego, renounce, and abandon all effort to this end. Others there are still (such is human inconsistency!) who plant the tree in whose full-grown shade they can never expect to sit,—who hopefully drop the acorn in the earth, trusting that the oak which it sends upward to the skies will shelter their children beneath its shade; but they do nothing to plant or nurture the great tree of Liberty, that it may shield with its arms unborn generations of men.

Others still there are, particularly in large cities, who content themselves with occasional contribution to the redemption of a slave. To this object they give out of ample riches, and thus seek to silence the monitions of conscience. I would not discountenance any activity by which Human Freedom, even in a single case, may be secured; but I desire to say that such an act—too often accompanied by pharisaical pretension, in contrast 40 with the petty performance—cannot be considered essential aid to the Antislavery Enterprise. Not in this way can impression be made on an evil so vast as Slavery,—so widely scattered, and so exhaustless in its unnatural supply. The god Thor, of Scandinavian mythology, whose power surpassed that of Hercules, was once challenged to drain dry a simple cup. He applied it to his lips, and with superhuman capacity drank, but the water did not recede even from the rim, and at last the god abandoned the trial. The failure of even his extraordinary prowess was explained, when he learned that the cup communicated, by invisible connection, with the whole vast ocean behind, out of which it was perpetually supplied, and which remained absolutely unaffected by the effort. And just so will these occasions of charity, though encountered by the largest private means, be constantly renewed; for they communicate with the whole Black Sea of Slavery behind, out of which they are perpetually supplied, and which remains absolutely unaffected by the effort. Sir, private means may cope with individual necessities, but they are powerless to redress the evils of a wicked institution. Charity is limited and local; the evils of Slavery are infinite and everywhere. Besides, a wrong organized and upheld by law can be removed only through change of the law. Not, then, by occasional contribution to ransom a slave can your duty be done in this great cause, but only by earnest, constant, valiant effort against the institution, against the law, which makes slaves.

I am not insensible to the difficulties of this work. Full well I know the power of Slavery. Full well I know all its various intrenchments in the Church, the 41 politics, and the prejudices of the country. Full well I know the wakeful interests of property, amounting to many hundred millions of dollars, which are said to be at stake. But these things can furnish no motive or apology for indifference, or any folding of the hands. Surely the wrong is not less wrong because gigantic; the evil is not less evil because immeasurable; nor can the duty of perpetual warfare with wrong and evil be in this instance suspended. Nay, because Slavery is powerful, because the Enterprise is difficult, therefore is the duty of all more exigent. The well-tempered soul does not yield to difficulties, but presses onward forever with increased resolution.

But the question recurs, so often pressed in argument, or in taunt, What have we at the North to do with Slavery? In answer, I might content myself by saying, that, as members of the human family, bound together by cords of common manhood, there is no human wrong to which we can be insensible, nor is there any human sorrow which we should not seek to relieve; but I prefer to say, on this occasion, that, as citizens of the United States, anxious for the good name, the repose, and the prosperity of the Republic, that it may be a blessing and not a curse to mankind, there is nothing among all its diversified interests, under the National Constitution, with which, at this moment, we have so much to do; nor is there anything with regard to which our duties are so irresistibly clear. I do not dwell on the scandal of Slavery in the national capital, of Slavery in the national territories, of the coastwise slave-trade on the high seas beneath the national flag,—all of which are outside State limits, and within the exclusive jurisdiction of Congress, where you and I, Sir, and 42 every freeman of the North, are compelled to share the giant sin and help to bind its chain. To dislodge Slavery from these usurped footholds, and thus at once relieve ourselves from grievous responsibility, and begin the great work of Emancipation, were an object worthy an exalted ambition. But before even this can be commenced, there is a great work, more than any other important and urgent, which must be consummated in the domain of national politics, and also here at home in the Free States. The National Government itself must be emancipated, so that it shall no longer wear the yoke of servitude; and Slavery in all its pretensions must be dislodged from a usurped foothold in the Free States themselves, thus relieving ourselves from serious responsibility at our own door, and emancipating the North. Emancipation, even within the national jurisdiction, can be achieved only through emancipation of the Free States, accompanied by complete emancipation of the National Government. Ay, Sir, emancipation at the South can be reached only through emancipation of the North. And this is my answer to the interrogatory, What have we at the North to do with Slavery?

But the answer may be made yet more irresistible, while, with mingled sorrow and shame, I portray the tyrannical power which holds us in thraldom. Notwithstanding all its excess of numbers, wealth, and intelligence, the North is now the vassal of an OLIGARCHY, whose single inspiration comes from Slavery. According to official tables of our recent census, the slave-masters, all told, are only THREE HUNDRED AND FORTY-SEVEN THOUSAND FIVE HUNDRED AND TWENTY-FIVE; [21] and yet this small company 43 now dominates over the Republic, determines its national policy, disposes of its offices, and sways all to its absolute will. With a watchfulness that never sleeps and an activity that never tires, the SLAVE OLIGARCHY asserts its perpetual and insatiate masterdom,—now seizing a broad territory once covered by a time-honored ordinance of Freedom,—now threatening to wrest Cuba from Spain by violent war, or hardly less violent purchase,—now hankering for another slice of Mexico, merely to find new scope for Slavery,—now proposing once more to open the hideous, Heaven-defying Slave-Trade, thus replenishing its shambles with human flesh,—and now, by the lips of an eminent Senator, asserting an audacious claim to the whole group of the West Indies, whether held by Holland, Spain, France, or England, as “our Southern islands,” [22] while it assails the independence of Hayti, and extends its treacherous ambition even to the distant valley of the Amazon.

For all this tyranny there must be tools, and these are found through a new test for office, where Slavery is the shibboleth. Nobody, throughout this Republic, who cannot repeat the hateful word, is taken,—nobody, unless faithful to Slavery, is accepted for any post under the National Government. Yes, let it be proclaimed, that now at last, not honesty, not capacity, not fidelity to the Constitution is the test for office, but unhesitating support of Slavery. This is fidelity, this is loyalty, according to the new dispensation. And thus the strength of the whole people is transfused into this oligarchy. The Constitution, the flag 44 itself, and everything we call our own, is degraded to this wicked rule.

And this giant strength is used with giant heartlessness. By cruel enactment, which has no source in the Constitution, which defies justice, tramples on humanity, and rebels against God, the Free States are made the hunting-ground for slaves, and you and I and all good citizens are pressed to join in the loathsome and abhorred work. Your hearts and judgments, swift to feel and to condemn, will not require me to expose here the abomination of the Fugitive Slave Bill, or its unconstitutionality. Elsewhere I have done this, and never been answered. Nor will you expect that an enactment so entirely devoid of all just sanction should be called by the sacred name of law . History still repeats the language in which our fathers persevered, when they denounced the last emanation of British tyranny which heralded the Revolution, as the Boston Port Bill ; and I am content with this precedent. I have said, that, if any man finds in the Gospel any support of Slavery, it is because Slavery is already in himself; so do I now say, if any man finds in the Constitution of our country any support of the Fugitive Slave Bill, it is because that bill is already in himself. One of our ancient masters—Aristotle, I think—tells us that every man has a beast in his bosom; but the Northern citizen who has the Fugitive Slave Bill there has worse than a beast,—a devil! And yet in this bill, more even than in the ostracism at which you rebel, does the Slave Oligarchy stand confessed,—heartless, grasping, tyrannical,—careless of humanity, right, or the Constitution,—whose foundation is a coalition of wrong-doers, without even the semblance of decency,—while it degrades the Free 45 States to the condition of a slave plantation, under the lash of a vulgar, despised, and revolting overseer.

Surely, fellow-citizens, without hesitation or postponement, you will insist that this Oligarchy shall be overthrown; and here is the foremost among the special duties of the North, now required for the honor of the Republic, for our own defence, and in obedience to God.

In urging this comprehensive duty, I ought to have hours rather than minutes; but in a few words you shall see its comprehensive importance. With the disappearance of the Slave Oligarchy, the wickedness of the Fugitive Slave Bill will drop from the statute-book,—Slavery will cease at the national capital,—Freedom will become the universal law of the national territory,—the Slave-Trade will no longer skulk along our coast beneath the national flag,—the Slave-marriage of the nation will be dissolved,—the rule of our country will be Freedom instead of Slavery,—the North will no longer be trampled on by the South,—the North will at last be allowed its just proportion of office and honor. Let all this be done, and much more will follow. With the disappearance of the Slave Oligarchy, you will possess the master-key to unlock the whole house of bondage. Oh, Sir! prostrate the Slave Oligarchy, and the gates of Emancipation will be open at the South.

Without waiting for this consummation, there is another special duty here at home, on our own soil, which must be made free in reality, as in name. And here I shall speak frankly, though not without a proper sense of the responsibility of my words. I know that I cannot address you entirely as a private citizen; but I shall say nothing here which I have not said elsewhere, and which 46 I shall not be proud to vindicate everywhere. “A lie,” it has been declared, “should be trampled out and extinguished forever”; and surely you will do nothing less with a tyrannical and wicked enactment. The Fugitive Slave Bill, while it continues unrepealed, must be made a dead letter,—not by violence, not by any unconstitutional activity or intervention, not even by hasty conflict between jurisdictions,—but by an aroused Public Opinion, which, in its irresistible might, shall blast with contempt, indignation, and abhorrence all who consent to be its agents. Thus did our fathers blast all who became agents of the Stamp Act; and surely their motive was small, compared with ours. The Slave-Hunter who drags his victim from Africa is loathed as a monster; but I defy any acuteness of reason to indicate the moral difference between his act and that of the Slave-Hunter who drags his victim from our Northern free soil. A few puny persons, calling themselves Congress, with titles of Representatives and Senators, cannot turn wrong into right, cannot change a man into a thing, cannot reverse the irreversible law of God, cannot make him wicked who hunts a slave on the burning sands of Congo or Guinea, and make him virtuous who hunts a slave over the pavements of Boston or New York. Nor can any acuteness of reason distinguish between the original bill of sale from the kidnapper, by which the unhappy African was transferred in Congo or Guinea, and the certificate of the Commissioner, by which, when once again in Freedom, he is reduced anew to bondage. The acts are kindred, and should share a kindred condemnation.

One man’s virtue becomes a standard of excellence for all; and there is now in Boston a simple citizen whose 47 example may be a lesson to Commissioners, Marshals, Magistrates, while it fills all with the beauty of a generous act. I refer to Mr. Hayes, who resigned his place in the city police rather than take part in the pack of the Slave-Hunter. He is now the door-keeper of the public edifice honored this winter by the triumphant lectures on Slavery. Better be a door-keeper in the house of the Lord than a dweller in the tents of the ungodly. Has he not chosen well? Little think those now doing the work of Slavery that the time is near when all this will be dishonor and sadness. For myself, long ago my mind was made up. Nothing will I have to do with it. How can I help to make a slave? The idea alone is painful. To do this thing would plant in my soul a remorse which no time could remove or mitigate. His chains would clank in my ears. His cries would strike upon my heart. His voice would be my terrible accuser. Mr. President, may no such voice fall on your soul or mine!

Yes, Sir, here our duty is plain and paramount. While the Slave Oligarchy, through its unrepealed Slave Bill, undertakes to enslave our free soil, we can only turn for protection to a Public Opinion worthy of a humane, just, and religious people, which shall keep perpetual guard over the liberties of all within our borders. On this from the beginning I have relied. On this I now rely. Wherever it is already strong, I would keep it so; wherever it is weak, I would strengthen it, until of itself it is an all-sufficient protection, with watch and ward surrounding the fugitive, surrounding all. And this Public Opinion, with Freedom as its countersign, must proclaim not only the overthrow of the Slave Bill, but also the overthrow of the Slave Oligarchy behind,—the 48 two pressing duties of the North, essential to our own emancipation; and believe me, Sir, while they remain undone, nothing is done.

Mr. President, far already have I trespassed upon your generous patience; but there are other things pressing for utterance. Something would I say of the arguments by which our Enterprise is commended; something also of the appeal it makes to people of every condition; and something, too, of union, as a vital necessity, among all who love Freedom.

I know not if our work will be soon accomplished. I know not, Sir, if you or I shall live to see in our Republic the vows of the Fathers at length fulfilled, as the last fetter falls from the last slave. But one thing I do know, beyond all doubt or question: that this Enterprise must go on; that, in its irresistible current, it will sweep schools, colleges, churches, the intelligence, the conscience, and the religious aspiration of the land, while all who stand in its way or speak evil of it are laying up sorrow and shame for their children, if not for themselves. Better strive in this cause, even unsuccessfully, than never strive at all. The penalty of indifference is akin to the penalty of opposition,—as is well pictured by the great Italian poet, when, among the saddest on the banks of Acheron, rending the air with outcries of torment, shrieks of anger, and smiting of hands, he finds the troop of dreary souls who had been ciphers in the great conflicts of life:—

49

There is no weapon in the celestial armory of Truth, no sweet influence from the skies, no generous word from human lips, which may not be employed. Ours, too, is the argument alike of the Conservative and the Reformer; for our cause stands on the truest conservatism and the truest reform. It seeks the conservation of Freedom itself, and of kindred historic principles; it seeks also the reform of Slavery, and of the kindred tyranny by which it is upheld. Religion, morals, justice, economy, the Constitution, each and all, may be invoked; and one person is touched by one argument, while another person is touched by another. You do not forget how Christopher Columbus won Isabella of Spain to his enterprise of discovery. He began with the temptation of extending her dominions; but she hearkened not. Next he promised the dazzling wealth of the Indies; and still she hearkened not. When, at last, to her pious imagination were pictured poor heathen with souls to be saved, then the youthful Queen poured her royal jewels into the lap of the Genoese adventurer, and at her expense went forth that small fleet which gave to Spain and to mankind a New World.

As in this Enterprise there is a place for every argument, so also is there a place for every man. Even as on the broad shield of Achilles, sculptured by divine art, was wrought every form of human activity, so in this cause, which is the very shield of Freedom, whatever man can do by deed or speech will find its place. One may act in one way, and another in another way; but all must act. Providence is felt through individuals; the dropping of water wears away the rock; and no man can be too humble or poor for this work, while to all the happy in genius, fortune, or fame it makes a special appeal. 50 Here is room for the strength of Luther and the sweetness of Melancthon, for the wisdom of age and the ardor of youth, for the judgment of the statesman and the eloquence of the orator, for the grace of the scholar and the aspiration of the poet, for the learning of the professor and the skill of the lawyer, for the exhortation of the preacher and the persuasion of the press, for the various energy of man and the abounding sympathy of woman.

And still one thing more is needed, without which Liberty-loving men, and their arguments, will fail in power,—even as without charity all graces of knowledge, speech, and faith are said to profit nothing. I mean that Unity of Spirit —in itself a fountain of strength—which, filling the people of the North, shall make them tread under foot past antipathies, decayed dissensions, and those irritating names which now exist only as tattered ensigns of ancient strife. It is right to be taught by the enemy; and with their example before us, and their power brandished in our very faces, we cannot hesitate. With them Slavery is the mainspring of political life, and the absorbing centre of political activity; with them all differences are swallowed up by this one idea , as all other rods were swallowed up by the rod of Aaron; with them all unite to keep the National Government under the control of slave-masters: and surely we should not do less for Freedom than they do for Slavery. We, too, must be united. Among us at last mutual criticism, crimination, and feud must give place to mutual sympathy, trust, and alliance. Face to face against the Slave Oligarchy must be rallied the UNITED MASSES of the North, in compact political association,—planted on the everlasting base of justice,—knit together by instincts 51 of a common danger and holy sympathies of humanity,—enkindled by love of Freedom, not only for themselves, but for others,—determined to enfranchise the National Government from degrading thraldom,—and constituting the BACKBONE PARTY, powerful in numbers, wealth, and intelligence, but more powerful still in an inspiring cause. Let this be done, and victory will be ours.

52

NEW OUTRAGE FOR THE SAKE OF SLAVERY.

Letter to Passmore Williamson, in Moyamensing Prison, August 11, 1855.

Lake Superior, On Board the North Star ,
Saturday, August 11, 1855.

MY DEAR SIR,—With astonishment and indignation I have learned the story of your imprisonment; and now, from this distant retreat, where I am for the moment, make haste to send you my sympathy.

From beginning to end, from side to side, and in every aspect, this transaction can be regarded only as a clear, indubitable, and utterly unmitigated outrage. The new-fangled doctrine, that a slave-master can voluntarily import his alleged slave—of course with all the revolting incidents of Slavery—into the Free States, is not more odious than preposterous. It is scouted by reason, and disowned by universal jurisprudence. You were right in disregarding it. In stepping forward to remind persons claimed as slaves on this pretext that all such claim is baseless, you did a good work. It was this knowledge which filled them with confidence to regain their God-given liberty. And for this it appears that you have been brought before a man, “dressed in a little brief authority,” who has cast you into prison.

This outrage is rendered more outrageous by the way 56 in which it was done. It was perpetrated through perversion of the great writ of Habeas Corpus . This writ of freedom and deliverance, which in England is often styled the Palladium of the Constitution, which is recognized as a distinctive feature of Constitutional Government, which finds no place in despotism, and which is the very master-key appointed to unlock prison-doors and let the oppressed go free, has been made in your case, by a hocus-pocus without precedent, the instrument of imprisonment and oppression.

Strange and disgraceful as all this is, it must be considered the natural fruit of Slavery. Any person, whosoever he may be, whether simple citizen or magistrate, who undertakes to uphold this wrong, seems forthwith to lose his reason. He may be just, humane, and decent in other things, but in the support of Slavery he becomes unjust, inhuman, and indecent,—often in obvious unconsciousness of his degradation. The blindness which makes him insensible to wrong so transcendent naturally makes him insensible to the lesser wrong by which it is maintained. What is the writ of Habeas Corpus , the trial by jury, the privilege of debate, or your liberty or mine, in the estimation of a person who has already screwed himself to the pitch of injustice necessary for the vindication of an institution which separates parent and child, which stamps woman as a concubine, which shuts the gates of knowledge, and which snatches from the weak all the hard-earned fruits of incessant toil?

But there must be an end to these things; and as Shakespeare found a jewel in the toad’s head, so do I find a cheering omen even in the injustice which has made you its victim. There is an old saying, handed 57 down from distant antiquity, that “whoso the gods wish to destroy they first make mad”; and I have often of late been impressed by its truth. The Slave Oligarchy is mad, and their overflowing madness runs through every agent and tool. In all that they do—especially in the Fugitive Slave Bill and its cruel enforcement, the Nebraska Bill and its felonious administration, and now in the imprisonment of an unoffending citizen—I rejoice to believe that there is unmistakable evidence of that madness which precedes a fall. Verily the day is at hand when returning justice will once more bear sway; then, among the triumphs of Freedom, will be a reckoning with unjust judges.

Meanwhile accept my congratulations on the portion of responsibility and dignity which is yours. It is a privilege to suffer for truth; and I envy not the meanness of that soul which would hesitate to prefer your place within the stone walls of a prison to the cushioned bench of the magistrate by whose irrational and tyrannical edict you have been condemned.

Believe me, my dear Sir, with much regard,

Very faithfully yours,

Charles Sumner .

Passmore Williamson , Esq., Moyamensing Prison, Philadelphia.

58

THE PEN BETTER THAN THE SWORD.

Letter to Committee of Publishers in New York, September 26, 1855.

Boston , 26th September, 1855.

MY DEAR SIR,—Constrained by other things, I renounce with much reluctance the opportunity which you offer me of partaking in the splendid hospitality prepared by the Publishers for the Authors of our country.

The occasion will be of special interest. It would be pleasant to sit at feast with so many, who, as Authors, adorn our national name. And it would be pleasant also to be the guest of those active, enlightened, and generous Publishers who do so much for Authors. But I must forego this luxury. Only in “bare imagination” can I enjoy it.

At your table there will be an aggregation of various genius and talent constituting a true Witenagemote , which may justly gratify an honest pride of country. Grateful as this may be as a token of power, it will be more grateful still as a token of that concord growing among men in all the relations of life. The traditional feud between Authors and Publishers promises to lose itself in your Festival, even as the traditional feud between England and France is absorbed in the welcome of Victoria by Louis Napoleon. This is beautiful. And 59 the whole scene, where differing Authors commingle under auspices of differing Publishers, will be an augury of that permanent coöperation and harmony which will secure to the pen its mightiest triumphs.

It is in honor of the pen that the company will be gathered together. If any word of mine be expected, please let me offer the following sentiment.

Believe me, dear Sir,

Very faithfully yours,

Charles Sumner .

G. P. Putnam , Esq.

60

THE REPUBLICAN PARTY IN NEW YORK.

Letter to a New York Committee, October 7, 1855.

Boston , October 7, 1855.

GENTLEMEN,—Your summons addressed to me at Newport was forwarded to me at this place.

I wish I could be at your proposed meeting, but I cannot. Accept my best wishes for the Republican party of New York, which you represent. Among the multitudes already rallying spontaneously in this bodyguard of Freedom my presence cannot be needed.

The infant Hercules strangled the serpents in his cradle, and the new party, just born, gives token of a like precocious strength.

Believe me, Gentlemen, very respectfully yours,

Charles Sumner .

E. D. Morgan, Luman Sherwood, Charles W. Elliott , Esqrs., Committee, &c.

61

THE REPUBLICAN PARTY OFFSPRING OF THE
AROUSED CONSCIENCE OF THE COUNTRY.

Letter to a Boston Committee, October 8, 1855.

Hancock Street , 8th October, 1855.

MY DEAR SIR,—Your invitation for to-night, after a journey to Newport and back, reached me only yesterday. It finds me already engaged, so that I cannot join my fellow-citizens in the proposed ratification at Faneuil Hall of the nominations lately made by the Republican Party of Massachusetts.

In my heart I have already ratified those nominations. On some other occasion I hope for an opportunity at Faneuil Hall to do the same by public speech.

Meanwhile accept my Godspeed for the good cause which we seek to promote, and for the Republican Party which is its organ. The cause is blessed alike in itself and in its influence on all who espouse it. No man can exert himself for Freedom without feeling better than before. The party is so entirely in harmony with prevailing opinion, it is such a natural and inevitable expression of the existing state of things, it is so clearly the offspring of the aroused conscience of the country, that it begins with auguries of success. Already it draws into its ranks good men from all sides, who, forgetting the things that are behind, press on to the things that are before.

Believe me, dear Sir, very faithfully yours,

Charles Sumner .

William Brigham , Esq.

62

POLITICAL PARTIES AND OUR FOREIGN-BORN POPULATION.

Speech at a Republican Rally in Faneuil Hall, November 2, 1855.

Fellow-citizens of Boston :—

Are you for Freedom, or are you for Slavery? This is the question which you are to answer at the coming election. Above all other questions, national or local, it lifts itself directly in the path of every voter. There it is. It cannot be avoided. It cannot be banished away. It cannot be silenced. Forever sounding in our ears, it has a mood for every hour,—stirring us at times as with the blast of a trumpet, then visiting us in solemn tones, like the bell which calls to prayer, and then again awaking us to unmistakable duty, like the same bell, when at midnight it summons all to stay the raging conflagration.

And yet there are persons among us who seek to put this great question aside. Some clamor for financial reform, and hold up a tax-bill; others clamor for a modification of the elective franchise, and they hold up the Pope; some speak in the name of old parties, calling themselves Democrats or Whigs; others in the name of a new party, which shall be nameless at present. Surely the people of Massachusetts will not be diverted from the true issue, involving Freedom for broad territories and Freedom for themselves, by holding up a tax-bill or by holding up the Pope. The people of Massachusetts are intelligent and humane.

…

64 But above all these is heard the great question, which will not be postponed, Are you for Freedom, or are you for Slavery? “Under which king, Bezonian? Speak or die!” Are you for Freedom, with its priceless blessings, or are you for Slavery, with its countless wrongs and woes? Are you for God, or are you for the Devil?

Fellow-Citizens, I speak plainly; nor can words exhibiting the enormity of Slavery be too plain, whether it be regarded simply in the legislative and judicial decisions by which it is upheld, or in the unquestionable facts by which its character is revealed. It has been my fortune latterly to see Slavery face to face in its own home, in the Slave States; and I take this early opportunity to offer my testimony to the open barbarism which it sanctions. I have seen a human being knocked off at auction on the steps of a court-house, and, as the sale went on, compelled to open his mouth and show his teeth, like a horse; I have been detained in a stage-coach, that our driver might, in the phrase of the country, “help lick a nigger”; and I have been constrained, at public table, to witness the revolting spectacle of a poor slave, yet a child, almost felled to the floor by a blow on the head from a clenched fist. Such incidents were not calculated to shake my original convictions. The distant slaveholder, who, in generous solicitude for that truth which makes for Freedom, feared, that, like a certain Doctor of Divinity, I might, under influence of personal kindness, be hastily swayed from these convictions, may be assured that I saw nothing to change them one tittle, but much to confirm them,—while I was entirely satisfied that here in Massachusetts, where all read, the true character of Slavery is better known than in the Slave States themselves, where ignorance and prejudice close the avenues of knowledge.

65

And now, grateful for the attention with which you honor me, I venture to hope that you are assembled honestly to hear the truth,—not to gratify prejudice, to appease personal antipathies, or to indulge a morbid appetite for excitement, but with candor and your best discrimination to weigh facts and arguments in order to determine the course of duty. I address myself particularly to the friends of Freedom, Republicans, on whose invitation I appear to-night; but I make bold to ask you of other parties, who now listen, to divest yourselves, for the time, of partisan constraint,—to forget, for the moment, that you are Whigs or Democrats, or however called, and to remember only that you are men , with hearts to feel, with heads to understand, and with consciences to guide. Then only will you be in condition to receive the truth. “If men are not aware of the probable influence of party over them, they are so much the more likely to be blindly governed by it.” Such is the wise remark of Wilberforce. [25] And I fear that among us there are too many unconsciously governed by such bias. There are men, who, while professing candor, yet show that the bitterness of party has entered into their whole character and lives, as the bitterness of the soil in Sardinia is said to appear even in its honey.

…

There are honorable responsibilities belonging to Massachusetts, as an early and constant vindicator of Freedom, which she cannot renounce. “If the trumpet give an uncertain sound, who shall prepare himself to the battle?” The distant emigrant, the whole country, 66 awaits the voice of our beloved Commonwealth in answer to the question, Are you for Freedom, or are you for Slavery? So transcendent, so exclusive, so all-absorbing at the present juncture is this question, that it is vain to speak of the position of candidates on other things. To be doubtful on this is to be wrong, and to be wrong on this is to be wholly wrong. Passing strange it is that here in Massachusetts, in this nineteenth century, we should be constrained to put this question; passing strange, that, when it is put, there should be any hesitation to answer it, by voice and vote, in such way as to speak the loudest for Freedom.

…

But, without exposing the game of political sweepstakes which the Slave Oligarchy has perpetually played,—interesting as it would be,—I prefer to hold up for one moment the assumptions, aggressions, and usurpations by which, in defiance of the Constitution, it has made Slavery national, when it is in reality sectional. Here is a brief catalogue.

…

Fellow-citizens, I have said enough to stir you; but this humiliating tale is not yet finished. An oligarchy seeking to maintain an outrage like Slavery, and drawing its inspirations from this fountain of wickedness, is naturally base, false, and heedless of justice. It is vain to expect that men who have brought themselves to become propagandists of this enormity will be constrained by any compromise, compact, bargain, or plighted faith. As the less is contained in the greater, so there is no vileness of dishonesty, no denial of human rights, that 67 is not plainly involved in the support of an enormity which begins by changing man, created in the image of God, into a chattel, and consigns little children to the auction-block. A power which Heaven never gave can be maintained only by means which Heaven can never sanction. And this conclusion of reason is confirmed by late experience.

And here I approach the special question under which the country now shakes from side to side. The protracted struggle of 1820, known as the Missouri Question, ended with the admission of Missouri as a slaveholding State, and the prohibition of Slavery in all the remaining territory west of the Mississippi and north of 36° 30´. Here was a solemn act of legislation, called at the time a compromise, a covenant, a compact, first brought forward by the Slave Oligarchy, vindicated by it in debate, finally sanctioned by its votes,—also upheld at the time by a slaveholding President, James Monroe, and his cabinet, of whom a majority were slaveholders, including Mr. Calhoun himself,—and made the condition of the admission of Missouri, without which that State could not have been received into the Union. Suddenly, during the last year, without any notice in the public press or the prayer of a single petition, after an acquiescence of thirty-four years, and the irreclaimable possession by the Slave Oligarchy of its special share in the provisions of this Compromise, in violation of every obligation of honor, compact, and good neighborhood, and in contemptuous disregard of the outgushing sentiments of an aroused North, this time-honored Prohibition, in itself a Landmark of Freedom, was overturned, and the vast region now known as Kansas 68 and Nebraska was opened to Slavery: and this was done under the disgraceful lead of Northern politicians, and with the undisguised complicity of a Northern President, forgetful of Freedom, forgetful also of his reiterated pledges that during his administration the repose of the country should receive no shock.

And all this was perpetrated under pretences of popular rights. Freedom was betrayed by a kiss. In defiance of uninterrupted prescription down to our day, early sustained at the South as well as the North, leaning at once on Jefferson and Washington, sanctioned by all the authoritative names of our history, and beginning with the great Ordinance by which Slavery was prohibited in the Northwest,—it was pretended that the people of the United States, who are the proprietors of the national domain, and who, according to the Constitution, may “make all needful rules and regulations” for its government, nevertheless were not its sovereigns, that they had no power to interdict Slavery there, but that this eminent dominion resided in the few settlers, called squatters, whom chance or a desire to better their fortunes first hurried into these places. To this precarious handful, sprinkled over immense spaces, it was left, without any constraint from Congress, to decide whether into these vast unsettled lands, as into the veins of an infant, should be poured the festering poison of Slavery, destined, as time advances, to show itself in cancers and leprous disease, or whether they should be filled with all the glowing life of Freedom. And this great power, transferred from Congress to these few settlers, was hailed by the new-fangled name of Squatter Sovereignty .

It was fit that the original outrage perpetrated under 69 such pretences should be followed by other outrages perpetrated in defiance of these pretences. In the race of emigration the Freedom-loving citizens of the North promised to obtain the ascendency, and, in the exercise of the conceded sovereignty of the settlers, to prohibit Slavery. The Slave Oligarchy was aroused to other efforts. Of course it stuck at nothing. On the day of election, when this vaunted popular sovereignty was first invoked, hirelings from Missouri, having no home in the Territory, entered it in bands of fifties and hundreds, and, assuming an electoral franchise to which they had no claim, trampled under foot the Constitution and laws. Violently, ruthlessly, the polls were possessed by these invaders. The same Northern President, who did not shrink from unblushing complicity in the original outrage, now assumed another complicity. Though prompt to lavish the Treasury, the Army, and the Navy of the Republic in hunting a single slave through the streets of Boston, he could see the Constitution and laws which he was sworn to protect, and those popular rights which he had affected to promote, all struck down in Kansas,—and then give new scope to these invaders by the removal of the faithful Governor, who had become obnoxious to the Slave Oligarchy because he would not become its tool, and the substitution of another, who vindicated the dishonest choice by making haste, on his first arrival there, to embrace the partisans of Slavery. The Legislature, which was constituted by the overthrow of the electoral franchise, proceeded to overthrow every safeguard of Freedom. At one swoop it adopted all the legislation of Missouri, including its Slave Code; by another act it imposed unprecedented conditions upon the exercise of the electoral franchise; 70 and by still another act it denounced the punishment of death no less than five times against as many different forms of interference with the alleged property in human flesh, while all who but write or speak against Slavery are adjudged to be felons. Yes, fellow-citizens, should any person there presume to print or circulate the speech in which I now express my abhorrence of Slavery, and deny its constitutional existence anywhere within the national jurisdiction, he would become liable under this act as a felon. And this overthrow of all popular rights is done in the name of Popular Sovereignty. Surely its authors follow well the example of the earliest Squatter Sovereign,—none other than Satan,—who, stealing into Eden, was there discovered by the celestial messengers just beginning his work: as Milton tells us,—

Would you know the secret of this unprecedented endeavor, beginning with the repeal of the Prohibition of Slavery, down to the latest atrocity? The answer is at hand. It is not merely to provide new markets for slaves, or even to guard Slavery in Missouri, but to build another Slave State, and thus, by the presence of two additional Slaveholding Senators, to give increased preponderance to the Slave Oligarchy in the National Government. As men are murdered for the sake of their money, so is this Territory blasted in peace and prosperity in order to wrest its political influence to the side of Slavery.

But a single usurpation is not enough to employ the rapacious energies of our Oligarchy. At this moment, 71 while the country is pained by the heartless conspiracy against Freedom in Kansas, we are startled by another effort, which contemplates not merely the political subjugation of the National Government, but the actual introduction of Slavery into the Free States. The vaunt is made that slaves will yet be counted in the shadow of the monument on Bunker Hill, and more than one step has been taken towards this effrontery. A person of Virginia has asserted his right to hold slaves in New York on the way to Texas; and this claim is still pending before the highest judicial tribunal of the land. A similar claim has been asserted in Pennsylvania, and thus far been sustained by the court. A blameless citizen, who, in obedience to generous impulses, and in harmony with received law, merely gave notice to a person held as a slave in a Free State that she was in reality free, has been thrust into jail, and now, after the lapse of months, still languishes there, the victim of this pretension; while—that no excess might be wanting in the madness of this tyranny—the great writ of Habeas Corpus, proudly known as the writ of deliverance, has been made the instrument of his imprisonment. [26] Outrage treads upon outrage, and great rights pass away to perish. Alas! the needful tool for such work is too easily found in places low and high,—in the lanes and cellars of Boston, on the bench of the judge, in the chair of the President. But it is the power behind which I impeach. The Slave Oligarchy does it; the Slave Oligarchy does it all.

To the prostration of this Oligarchy we are bound by a threefold cord of duty: first , as we would secure 72 Freedom for ourselves; secondly , as we would uphold Freedom in distant Kansas; and, thirdly , as we would preserve the Union in its early strength and integrity. The people of Kansas are, many of them, from Massachusetts,—bone of our bone, flesh of our flesh; but as fellow-citizens under the Constitution they are bound to us by ties which we cannot disown; nay, more,—by the subtile cord which connects this embryo settlement with the Republic, they are made part of us. The outrage which touches them touches us. What galls them galls us. The fetter which binds the slave in Kansas binds every citizen in Massachusetts. Thus are we prompted to their rescue, not only to save them, but also to save ourselves. The tyranny which now treads them down has already trampled on us, and only awaits an opportunity to do it again. In its complete overthrow is the only way of safety. Indeed, this must be done before anything else can be done.

…

In the choice of men we are driven to the organization of parties; and here occurs the practical question on which hinges immediate duty,—By what political party can our desire be accomplished? There are individuals in all parties, even the Democratic, who hate Slavery, and say so; but a political party cannot be judged by the private opinions of some of its members. Something else, more solid and tangible, must appear. The party that we select to bear the burden and honor of our great controversy should be adapted to the work. It must be a perfect machine. Wedded to Freedom for better or for worse, and clinging to it with a grasp never to be unloosed, it must be clear, 73 open, and unequivocal in its declarations, and should admit no other question to divert its energies. It must be all for Freedom, and, like Cæsar’s wife, above suspicion. But besides this character which it should sustain in Massachusetts, it must be prepared to take its place in close phalanx with the united masses of the North, now organizing through all the Free States, junctæque umbone phalanges , for the protection of Freedom and the overthrow of the Slave Oligarchy.

Bearing these conditions in mind, there are three parties which we may dismiss, one by one, as they pass in review. Men do not gather grapes from thorns, nor figs from thistles; nor do they expect patriotism from Benedict Arnold. A party which sustains the tyrannies and perfidies of the Slave Oligarchy, and is represented by the President, through whom has come so much of all our woe, need not occupy our time; and such is the Democratic party. If there be within the sound of my voice a single person, professing sympathy with Freedom, who still votes with this party, to him I would say: The name of Democrat is a tower of strength; let it not be the bulwark of Slavery; for the sake of a name do not sacrifice the thing; for the sake of party do not surrender Freedom.

According to familiar rule, handed down from distant antiquity, we are to say nothing but good of the dead. How, then, shall I speak of the late powerful Whig party, by whose giant contests the whole country was once upheaved, but which has now ceased to exist, except as the shadow of a name? Here in Massachusetts, a few who do not yet know that it is dead have met together and proffered the old allegiance. They are the Rip Van Winkles of our politics. This 74 respectable character, falling asleep in the mountains, drowsed undisturbed throughout the war of the Revolution, and then, returning to his native village, ignorant of all that had passed, made haste to declare himself “a loyal subject of the King, God bless him!” But our Whigs are less tolerant and urbane than this awakened sleeper. In petulant and irrational assumption they are like the unfortunate judge, who, being aroused from slumber on the bench by a sudden crash of thunder, exclaimed, “Mr. Crier, stop the noise in Court!” The thunder would not be hushed; nor will the voice of Freedom, now reverberating throughout the land. Some there are among these who openly espouse the part of Slavery, while others, by indifference, place themselves in the same unhappy company. If their position at this moment were of sufficient importance to justify grave remark, they should be exhibited as kindred in spirit and isolation to the Tories of our Revolution, or at least as the Bourbons of Massachusetts,—always claiming everything, learning nothing, forgetting nothing, and at last condemned by an aroused people for disloyalty to Freedom. Let no person who truly loves Freedom join this company, tempted by its name and old associations.

There is still another party claiming your votes, but permit me to say, at this crisis, with little reason. I am at a loss to determine the name by which it may be called. It is sometimes styled the Know Nothing party, sometimes the American party; but it cannot be entitled to these designations,—if they be of any value,—for it does not claim to belong to the organization which first assumed and still retains them. It is an isolated combination, peculiar to Massachusetts, which, 75 while professing certain political sentiments, is bound together by the support of one of the candidates for Governor. [27] At this moment this is its controlling idea. It is therefore a personal party; and I trust that I shall not be considered as departing from that courtesy which is with me a law, if I say, that, in the absence of any appropriate name, expressive of principles, it may properly take its designation from the candidate it supports.

Of course such a party wants the first essential condition of the organization which we seek. It is a personal party, whose controlling idea is predilection for a man, and not a principle. Whatever may be the private sentiments of some of its members, clearly it is not a party wedded to Freedom for better and for worse, and clinging to it with a grasp never to be unloosed. While professing opposition to Slavery, it also arraigns Catholics and foreigners, and allows the question of their privileges to disturb its energies. It is not all for Freedom; nor is it, like Cæsar’s wife, above suspicion. Besides, even as party of Freedom, it is powerless from its isolation; for it stands by itself, and is in no way associated with that great phalanx now rallying throughout the North. In this condition should it continue to exist, it will, in the coming Presidential contest, from natural affinity, lapse back into the American party of the country, which is ranged on the side of Slavery. Of course, as a separate party, it is necessarily short-lived. Cut off from the main body, it may show a brief vitality, as the head of a tortoise still bites for some days after it is severed from the neck; but it can have no permanent existence. Surely this is not the party of Freedom which we seek.

76

The incompetency of this party, as organ of our cause, is enhanced by the uncongenial secrecy in which it had its origin and yet shrouds itself. For myself let me say, that on the floor of the Senate I have striven by vote and speech, in conjunction with my distinguished friend Mr. Chase, to limit the secret sessions of that body, under shelter of which so much of the public business is transacted; and I have there presented, as the fit model for American institutions, the example of that ancient Roman who bade his architect so construct his house that all that he did might be seen by the world. [28] What I urged there I now urge here. But the special aims which this party proposes are in harmony with the darkness in which it begins. Even if justifiable on any ground of public policy, they should not be associated with our cause: but I am unwilling to allude to them without expressing my frank dissent.

It is proposed to attaint men for religion, and also for birth. If this object can prevail, vain are the triumphs of Civil Freedom in its many hard-fought fields, vain is that religious toleration which we profess. The fires of Smithfield, the tortures of the Inquisition, the proscriptions of Non-Conformists may all be revived. Mainly to escape these outrages, dictated by a dominant religious sect, was our country early settled: in one place by Pilgrims, who sought independence; in another by Puritans, who disowned bishops; in another by Episcopalians, who take their name from bishops; in another by Quakers, who set at nought all forms; 77 and in yet another by Catholics, who look to the Pope as spiritual father. Slowly among the struggling sects was evolved that great idea of the equality of all men before the law without regard to religious belief; nor can any party now organize a proscription merely for religious belief, without calling in question this well-established principle.

But Catholics are mostly foreigners, and on this account are condemned. Let us see if there be any reason in this; and here indulge me with one word on foreigners.

With the ancient Greeks a foreigner was a barbarian , and with the ancient Romans he was an enemy . In early modern times the austerity of this judgment was relaxed; but, under the influence of feudalism, different sovereignties, whether provinces or nations, were kept in a condition of isolation, from which they have gradually passed, until now provinces are merged in nations, and nations are giving signs that they too will yet combine in one. In our country a new example is already displayed. From all nations people commingle here. As in ancient Corinth, by accidental fusion of all metals, accumulated in the sacred temples, a peculiar metal was produced, better than any individual metal, even silver or gold,—so, perhaps, in the order of Providence, by fusion of all races here, there will be a better race than any individual race, even Saxon or Celt. Originally settled from England, the Republic has been strengthened and enriched by generous contributions of population from Scotland, Ireland, Switzerland, Sweden, France, and Germany; and the cry is, Still they come! At no time since the discovery of the New World has the army of emigrants 78 pressed so strongly upon us. More than one quarter of a million are annually landed on our shores. The manner in which they shall be received is a problem of national policy.

All will admit that any influence which they bring, hostile to our institutions, calculated to substitute priestcraft for religion and bigotry for Christianity, must be deprecated and opposed. All will admit, too, that there must be some assurance of their purpose to become not merely consumers of the fruits of our soil, but useful, loyal, and permanent members of our community, upholders of the general welfare. With this simple explanation, I cannot place any check upon the welcome to foreigners. There are our broad lands, stretching towards the setting sun; let them come and take them. Ourselves children of the Pilgrims of a former generation, let us not turn from the Pilgrims of the present. Let the home founded by our emigrant fathers continue open in its many mansions to the emigrants of to-day.

The history of our country, in its humblest as well as most exalted spheres, testifies to the merit of foreigners. Their strong arms have helped furrow our broad territory with canals, and stretch in every direction the iron rail. They fill our workshops, navigate our ships, and even till our fields. Go where you will among the hardy sons of toil on land or sea, and there you find industrious and faithful foreigners bending their muscles to the work. At the bar and in the high places of commerce you find them. Enter the retreats of learning, and there too you find them, shedding upon our country the glory of science. [29] Nor can any reflection be cast upon foreigners, 79 coming for hospitality now, which will not glance at once upon the distinguished living and the illustrious dead,—upon the Irish Montgomery, who perished for us at the gates of Quebec,—upon Pulaski the Pole, who perished for us at Savannah,—upon De Kalb and Steuben, the generous Germans, who aided our weakness by their military experience,—upon Paul Jones, the Scotchman, who lent his unsurpassed courage to the infant thunders of our navy,—also upon those great European liberators, Kosciusko of Poland, and Lafayette of France, each of whom paid his earliest vows to Liberty in our cause. Nor should this list be confined to military characters, so long as we gratefully cherish the name of Alexander Hamilton, who was born in the West Indies, and the name of Albert Gallatin, who was born in Switzerland, and never, to the close of his octogenarian career, lost the French accent of his boyhood,—both of whom rendered civic services to be commemorated among the victories of peace.

Nor is the experience of our Republic peculiar. Where is the country or power which does not inscribe the names of foreigners on its historic scroll? It was Christopher Columbus, of Genoa, who disclosed to Spain the New World; it was Magellan, of Portugal, sailing in the service of Spain, who first passed with adventurous keel through those distant Southern straits which now bear his name, and opened the way to the vast Pacific Sea; and it was Cabot, the Venetian, who first conducted English enterprise to this North American continent. As in triumphs of discovery, so also in other fields have foreigners excelled, while serving states to which they were bound by no tie of birth. The Dutch Grotius, author of the great work, 80 “Laws of War and Peace,” an exile from his own country, became Ambassador of Sweden; and, in our own day, the Italian Pozzo di Borgo, turning his back upon his own country, reached the most exalted diplomatic trust in the jealous service of Russia. In the list of monarchs on the throne of England, not one has been more truly English than the Dutch William. In Holland no ruler has equalled in renown the German William, Prince of Orange. In Russia the German Catharine the Second takes place among the most commanding sovereigns. And who of Swedish monarchs was a better Swede than Bernadotte, the Frenchman? and what Frenchman was ever filled with aspiration for France more than the Italian Napoleon Bonaparte?

I pass from these things, which have occupied me too long. A party, which, beginning in secrecy, interferes with religious belief, and founds a discrimination on the accident of birth, is not the party for us.

“Where Liberty is, there is my country,” was the sentiment of that great Apostle of Freedom, Benjamin Franklin, uttered during the trials of the Revolution. In similar strain, I would say, “Where Liberty is, there is my party.” Such an organization is now happily constituted here in Massachusetts, and in all the Free States, under the name of Republican Party .

In assuming our place as a distinct party, we simply give form and direction, in harmony with the usage and genius of popular governments, to a movement which stirs the whole country, and does not find adequate and constant organ in either of the other existing parties. The early opposition to Slavery was simply a sentiment, 81 outgushing from the hearts of the sensitive and humane. In the lapse of time it became a determined principle, inspiring larger numbers, and showing itself first in an organized endeavor to resist the annexation of slaveholding Texas; next, to prohibit Slavery in newly acquired territories; and now, alarmed by the overthrow of all rights in Kansas, and the domination of the Slave Oligarchy throughout the Republic, it breaks forth in a stronger effort, a wider union, and a deeper channel, inspiring yet larger numbers and firmer resolves, while opposite quarters contribute to its power,—even as the fountain, first outgushing from the weeping sides of its pure mountain home, trickles in the rill, leaps in the torrent, and flows in the river, till, at last, swollen with accumulated waters, it presses onward, in irresistible, beneficent current, fertilizing and uniting the spaces which it traverses, washing the feet of cities, and wooing states to repose upon its banks.

…

Our party has its origin in the exigencies of the hour. Vowing ourselves against Slavery, wherever it exists, whether enforced by Russian knout, Turkish bastinado, or lash of Carolina planter, we do not seek to interfere with it at Petersburg, Constantinople, or Charleston; nor does any such grave duty rest upon us. Political duties are properly limited by political responsibilities; and we are in no just sense responsible for the local law or usage by which human bondage in these places is upheld. But wherever we are responsible for the wrong, there our duty begins. The object to which, as a party, we are pledged, is all contained in acceptance of the issue which the Slave Oligarchy tenders. To its 82 repeal of the Missouri Compromise, and its imperious demand that Kansas shall be surrendered to Slavery, we reply, that Freedom shall be made the universal law of all the national domain, without compromise, and that hereafter no Slave State shall be admitted into the Union. To its tyrannical assumption of supremacy in the National Government we reply, that the Slave Oligarchy shall be overthrown. Such is the practical purpose of the Republican Party.

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ORIGINATION OF APPROPRIATION BILLS.

Speech in the Senate, on the Usurpation of the Senate in the Origination of Appropriation Bills, February 7, 1856.

MR. PRESIDENT,—Whatever the Senator from New York [Mr. Seward ] touches he handles with a completeness to render anything superfluous from one who follows on the same side; but the opposition which his views have encountered from the Senator from Virginia [Mr. Hunter ], and also from the Senator from Georgia [Mr. Toombs ], as well as the intrinsic importance 84 of the question, may justify the attempt to state the argument anew.

We are carried first to the words of the Constitution, which are as follows:—

Under this provision, the annual appropriation bills for the Army, Navy, Post-Office, and civil and diplomatic service, from the beginning of the Government, have originated in the House of Representatives; and this has always been so, I believe, without question. It is now proposed to reverse the standing policy, and to originate such bills in the Senate; and this proposition has the sanction of the Committee on Finance.

The proposition is a clear departure from usage, and on this account must be regarded with suspicion. A slight examination will demonstrate that it tends to subvert well-established landmarks.

By looking at the debates in the Convention which framed the National Constitution, it will be found that this clause was not hastily or carelessly adopted,—that it was the subject of much discussion, and was viewed as essentially important in establishing the system of checks and balances peculiar to our Republic. It was, indeed, part of the compromise between the small States and the large States.

After much consideration, the equality of the States was recognized in the Constitution of the Senate, and small States, like Delaware and Rhode Island, were allowed, in this body, equal power with large States, like Virginia and Massachusetts. But this great concession 85 to the small States was coupled at the time with a condition that “money bills” should originate in the House of Representatives, where the people were represented according to numbers. The language finally employed was, “All bills for raising revenue shall originate in the House of Representatives.” This was adopted, as compensation to the large and populous States for their comparative weakness in the Senate.

That I do not go too far, when I call it part of the compromise between the great States and small States, I proceed to show, from the debates in the National Convention, as reported by Mr. Madison, how it was regarded there.

The provision owes its authoritative introduction to Dr. Franklin, who moved it in the committee which subsequently reported it. [30] Afterwards, in Convention, when the clause relating to equality of votes was under consideration, we have this report of what he said.

Colonel Mason, of Virginia, was of the same opinion, and desired “that the whole might be brought into one view .” [32]

Mr. Gerry, of Massachusetts, followed up the idea of the mutual dependence of the two propositions, remarking,—

Please, Sir, to mark the breadth of this expression.

Mr. Pinckney, of South Carolina, followed, saying,—

At a later stage of the debates the subject was resumed, and the two propositions still appear together.

At a still later stage Mr. Pinckney moved to strike out the section on money bills, “as giving no peculiar advantage to the House of Representatives, and as clogging the Government.” Mr. Gorham 87 “was against allowing the Senate to originate , but was for allowing it only to amend .” Mr. Gouverneur Morris urged, that it was “particularly proper that the Senate should have the right of originating money bills . They will sit constantly, will consist of a smaller number, and will be able to prepare such bills with due correctness, and so as to prevent delay of business in the other House.” To all this Colonel Mason replied, in the strong language which seems to have been natural to him, that he “was unwilling to travel over this ground again. To strike out the section was to unhinge the compromise of which it made a part. ” [36]

I might adduce other authorities; but here surely is enough to show that the provision was in reality one of the important compromises of the Constitution.

This brings me, Sir, to the precise meaning of the provision. The seeming indefiniteness of the term, “bills for raising revenue,” may alone furnish apology for the present debate. It may be argued, that, while the Senate is placed under certain restrictions, it may nevertheless originate “appropriation bills.” This, of course, is a question of interpretation. Does this interdict upon the Senate extend to bills by which money is appropriated to the support of Government, as well as to bills by which it is directly obtained? Are appropriation bills included under the term, “bills for raising revenue”? Now I cannot accord with opinions so confidently expressed by the Senator from Virginia [Mr. Hunter ], and the Senator from Georgia [Mr. Toombs ], that it was clearly the intention of the Constitution to concede to the Senate the power of originating all appropriation bills; nor, on the other hand, do I assert that such 88 exercise of power is in the strict sense unconstitutional. I approach the question as an inquirer anxious to find the real purpose.

Several considerations seem to shed light on the path to our conclusion.

First. The compromise between the small States and large States can be made completely effective, according to obvious intent of the authors of the Constitution, only by interdicting the Senate from originating the great appropriation bills. If this interdict is restricted simply to tariff bills, which occur only at rare intervals, it becomes a very inadequate compensation for the surrender by the large States to the small States in the constitution of the Senate. According to the reason of the rule, the great appropriation bills must be equally within its intendment. The reason is as strong in one case as in the other.

In the debates of the Convention, Dr. Franklin said:—

Please, Sir, to mark these words.

Mr. Gerry, in urging the restraint upon the Senate, said:—

How, Sir, can the people hold the purse-strings, unless they hold the bills by which the purse is appropriated?

And Colonel Mason broke forth in language clearly revealing his sense of danger against which to guard.

I repeat, then, according to the reason of the rule, the great appropriation bills must be embraced by the prohibition.

Secondly. There is a further consideration, founded on the familiar use of the term money bills throughout the debates in the Convention, as applicable to bills which the Senate cannot originate. I need not occupy time by reference to instances; but whoever takes the trouble to investigate the matter in Mr. Madison’s report of the debates, and also in the report of the Virginia Convention, will find that this term is universally employed,—unless, indeed, where Mr. Gouverneur Morris uses the broader term “money plans,” [40] and Mr. Gerry “money matters.” [41] Now all these phrases are clearly applicable to “appropriation bills,” by which the Government is carried on; and the inference seems irresistible, that the parties who used them must have had such bills in mind.

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In the Virginia Convention objection was made by Mr. Grayson “to the power of the Senate to propose or concur with amendments to money bills .” The objection is even to “amendments.” He pronounced this “a departure from that great principle which required that the immediate representatives of the people only should interfere with money bills .… The Lords in England had never been allowed to intermeddle with money bills. He knew not why the Senate should.” [42]

Thirdly. This brings me to another consideration, founded on the example of England, which was obviously present to the framers of the Constitution. The Senator from Virginia [Mr. Hunter ] is clearly mistaken on this point. It was often adduced in debate in the National Convention, and, as we have just seen, in the Virginia Convention also. In England the rule is explicit, and of ancient date. As early as July 3, 1678, the Commons resolved:—

In pursuance of this rule, estimates for the annual expenditure are submitted by the Ministry to the House of Commons, sitting as a Committee of Supply. This process is explained as follows.

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At the close of the session all the grants are embodied in a bill, which is known as “Appropriation Bill,” and, as it is kindred in character to that under our system, doubtless has given its name to ours. This bill is thus described:—

Thus, on three grounds,—first, by the reason of the thing,—secondly, by the familiar use in all the debates of the descriptive term, “money bills,”—and, thirdly, by the example of England,—the conclusion is inevitable, that “appropriation bills,” by which the Government is carried on , are within the spirit of the interdict upon the Senate, and that this body cannot originate such bills without violation of a well-established principle inherited from English jurisprudence, and also without unhinging , according to the language of Colonel Mason, that compromise by virtue of which the small States are admitted to equality of representation on this floor.

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I am not unmindful of the fact, on which the Senator from Virginia has dwelt so emphatically, that the Senate is in the habit of originating pension bills, also bills for payment of private claims, and kindred measures. I was glad, to-day, to vote for the bill originating in this body for the relief of our late distinguished Minister at Constantinople. [46] But against this usage, which is exceptional in character, and has probably attracted little attention, from its considerable convenience and little importance, may be opposed the uniform practice by which the great bills providing for the necessities of the Government have always originated in the House of Representatives. And you will bear in mind, Sir, that the question is now on these bills.

Mr. President, it is a received maxim, that it is the part of a good judge to amplify his jurisdiction; but it will hardly be accepted, that it is the part of the American Senate to amplify its powers, particularly in derogation of the popular branch. And it surely cannot escape observation, that the present effort is launched at a moment when the popular branch promises to differ from the Senate on important questions of national policy. I am not insensible to the public convenience, which has been pressed in this debate; but permit me to say, Sir, that, should this convenience require the proposed departure from our standing policy, we shall be wise, if we hearken to the counsels of the Senator from New York, and refrain from any innovation, unless assured of the consent and coöperation of the other House.

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RELIEF OF VESSELS IN DISTRESS ON THE COAST.

Letter to the Director of the Exchange News-Room, Boston, February 18, 1856.

Senate Chamber , February 18, 1856.

DEAR SIR,—I have pleasure in acknowledging the receipt of the memorial, forwarded by you from the underwriters and merchants of Boston, and addressed to the Secretary of the Treasury, asking the despatch of immediate relief to the large fleet of vessels now distressed by the rigors of this severe winter on our northern coast. It reached me Sunday morning; but its charitable object did not allow delay, and on that day I placed the memorial in the hands of the Secretary.

I have his verbal answer to-day, expressing great interest in the object of the memorial, but saying, that, beyond the revenue cutter, the Treasury Department has no vessel at Boston which can be detached on this service, and that the cutter was directed some weeks ago to do what it could for the relief of distressed vessels.

Though the memorial was addressed to the Secretary of the Treasury, I felt it my duty to apply to the Secretary of the Navy. He entered into the plan with much benevolence, and expressed a desire to do all that the means at his command would permit. The only vessel at Boston in readiness is the steam-frigate Merrimack, which is about to start on a “trial-trip” of one week, 94 previous to a cruise of six months. This vessel has already been ordered to make the week’s voyage direct from Boston to Norfolk; but the Secretary will give directions that she shall proceed to the Great Banks as far as can be judiciously done, under the circumstances, in order to afford relief to vessels in distress. He would extend the cruise to a longer term at once, but the contractors who have furnished her engines have certain rights which he is bound to respect.

The Secretary authorizes me to say also that he will send further relief, if possible.

I beg you to assure the memorialists that it will give me pleasure to promote the objects of the memorial to the full extent of my power.

Believe me, dear Sir, faithfully yours,

Charles Sumner .

John T. Smith , Esq., Exchange News-Room.

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THE EXAMPLE OF WASHINGTON AGAINST SLAVERY NOT TO BE FORGOTTEN NOW.

Letter to a Committee of the Boston Mercantile Library Association, February 19, 1856.

Washington , February 19, 1856.

DEAR SIR,—I have been honored by your invitation to be with the Mercantile Library Association on the 22d instant. You know well the happiness I find in any coöperation with the young men of that Association, and I need not assure you of the gratification with which I should participate in any services calculated to exalt the example of Washington.

Particularly at this moment should it be invoked, when the Republic, which he helped to found, seems to shake with the first throes of civil war, engendered by an interest which was condemned by him during life and formally abjured by him at his death. His great name should now be employed for the suppression of that Slave Power which is the fruitful mother of so much wretchedness. It will not be enough to quote his paternal words for Union: his example must be arrayed against the gigantic wrong which now disturbs this Union to its centre, and, in the madness of its tyranny, destroys the very objects of Union.

The play of Othello without the part of Othello would be a barren spectacle; and the example of Washington, without his testimony against the malevolent force 96 which disturbs the Republic, would be hardly less barren. Let the young men of Boston be encouraged to dwell on those sentiments and acts which, while they elevate his name, apply with prevailing power to the existing state of things among us. Let them bear in mind that he declared it to be “ among his first wishes to see some plan adopted by which Slavery in this country may be abolished by law ,”—that, to promote this purpose, he expressed a desire, in a recorded interview with a distinguished foreigner, for the formation of an Antislavery Society,—that on many occasions he condemned Slavery,—that, in congratulations to Lafayette on his purchase of a plantation with a view of emancipating the slaves on it, he exclaimed, “Would to God a like spirit might diffuse itself generally into the minds of the people of this country!”—and that, finally, by his last will and testament, written within six months of his death, he bore his practical testimony to those ideas and aspirations, by the emancipation of his slaves. With these things taken to heart, the example of Washington will exert its just conservative influence over the country, holding it back from the extension of that evil against which he set himself, and arousing the general sentiment to repulse the aggressions which now threaten civil war. Then, indeed, will the Father of his Country have a new birth and influence.

Believe me, my dear Sir, very faithfully yours,

Charles Sumner .

Charles G. Chase , Esq., &c., &c., &c.

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CONSTANT EXERTION AND UNION AMONG GOOD MEN.

Letter to a Massachusetts Committee, February 25, 1856.

Senate Chamber , February 25, 1856.

MY DEAR SIR,—I cannot be present at the festival in commemoration of the election of Mr. Banks as Speaker. My duties will keep me here.

But with you I rejoice in this triumph of Freedom, which is the first achieved in the National Government, since the recognition, by the earliest Congress under Washington, of the Ordinance prohibiting Slavery in the Northwestern Territory. To advance this victory, and to obtain its just fruits, there must be no relaxation of efforts, but constant exertion, with union among good men, and a determination to yield no jot in the conflict.

To Massachusetts belongs an honorable place at the head of the battle. May no treason or hesitation of any of her sons deprive her of this post!

Yours, faithfully,

Charles Sumner .

F. H. Underwood , Secretary, &c., &c.

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THE ABROGATION OF TREATIES.

Speeches in the Senate, March 6 and May 8, 1856.

MR. PRESIDENT,—If I can have the attention of the Senate for a brief time, I will explain the object of this inquiry. The subject may be dry, but it is important, and, at this moment, of direct practical interest.

The President in his annual message named three different questions, arising out of our relations with foreign nations. Two of these, concerning England, have been discussed in the Senate; the other, which concerns the payment of the Sound dues to Denmark, has not yet been mentioned here. Introducing it now, I have no purpose to say anything on the character of these dues, or to arrest the efforts of the Government for the relief of our commerce from foreign exactions. 100 That is a broad field of history and of public law, which for the present there is no occasion to enter. My desire is simply to open a question of domestic interest under our own Constitution, with which, of course, Denmark has no concern, but which is necessarily involved in the determination of our course on this matter.

The President, in his annual message, announces:—

The treaty, it will be noted, reserves to either party —that is, to either of the Governments between whom it is made—the privilege of terminating it by notice; and the President, without the sanction of an Act of Congress, but simply in pursuance of a resolution of the Senate, passed in Executive Session, has constituted himself the Government , so far as to give such notice, and by such notice to abrogate the treaty. Acting under his instructions, our Minister at Copenhagen, on the 14th of April, 1855, notified the Danish Government, that,—

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Thus undertaking, merely with the consent of the Senate, and without the concurrence of the House of Representatives, to abrogate a treaty, the President has assumed a power inconsistent with the Constitution, and disowned by the practice of the Government, adopted, after debate, on leading occasions. Such a usurpation cannot be justified by the good that is sought; for that good might have been sought, and may still be sought, by another course, in entire harmony with the Constitution and the practice of the Government. Nor will any temporary purpose justify the removal of constitutional safeguards.

The Constitution declares that the President “ shall have power , by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur”; but it does not declare that the President, by and with the consent of the Senate, shall have power to abrogate treaties. The absence of all language conferring this extraordinary power is itself an unanswerable argument against the existence of the power. But we are not left to found our conclusion even on irresistible inference. There are explicit words of the Constitution, which determine it beyond doubt. It is declared, that—

Thus declaring treaties to be “the supreme law of the land,” the Constitution not only gives to them the highest authority, but places them under the highest safeguard known to our institutions. When once made, they are obligatory on our side as laws , and can be abrogated 102 by no power less than that which may abrogate existing laws. Not the President alone, not the President and Senate, can set them aside; but for this purpose the whole power of the Government must be invoked, in its most solemn form, by Act of Congress. In conformity with this requirement, the power to declare war, involving, of course, the abrogation of treaties, is expressly lodged with Congress. The President, with the consent of the Senate, cannot declare war; and it is difficult to see what greater power he possesses in the abrogation of a treaty, involving possibly the rupture of friendly intercourse with a foreign nation, and involving certainly the overthrow of what the Constitution declares to be the supreme law.

Thus placing treaties under all the sanctions of law, I follow the best authorities. The eminent commentator, Mr. Justice Story, in speaking of them, gives them this character. Expounding this very clause, he says:—

And the Supreme Court of the United States affirm the same principle.

This is a decision comparatively recent. But early in our history the authority of treaties was much considered by the Supreme Court, in the famous case of Ware v. Hylton et al. , 3 Dallas, 199-285, and we find judges from opposite sections of the country arriving at the same conclusion. Mr. Justice Gushing, of Massachusetts, said:—

Mr. Justice Iredell, of North Carolina, passed directly upon the power of Congress, asserting that to this body alone was given the power to abrogate a treaty under our Constitution. These are his words:—

In practical illustration of the legal character attributed to treaties, it will be observed that they are published with the Laws of the United States , and constitute part of this collection, being bound between the same covers; and I submit that the President and Senate might undertake to tear out a leaf from the Statutes at Large with as much propriety as to tear out an existing treaty.

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Such is the rule of the Constitution, in conformity with which is the practice of the country. Never before has the President assumed to act without the House of Representatives in the performance of this duty.

This question arose early after the adoption of the Constitution, in our relations with France; and you will find, Sir, on our statute-book the evidence of the way in which it was regarded. In 1798, the existing treaties with France were abrogated by Act of Congress, which, after a preamble, proceeded as follows:—

This very Act of Congress originated in the Senate, which at that day undertook to exercise no such power as is now claimed. It was not passed hastily, or without debate. The subject of our relations with France was referred to a committee of that body on the 29th of November, 1797. After the lapse of months, on the 21st of June, 1798, Mr. Goodhue, from that committee, reported a bill to abrogate existing treaties with that nation, which passed the Senate on the 23d of June, by a vote of thirteen yeas to five nays. On the 25th it was carried to the House of Representatives, where it was referred to the Committee of the Whole on the State of the Union, fully debated, and finally passed on 105 the 6th of July. In the course of the debate, treaties were recognized as laws, to be abrogated only by Act of Congress . A Representative from Massachusetts, afterwards an eminent judicial character, Mr. Sewall, put this point in these words:—

This view was in no respect controverted or questioned. On the contrary, it was recognized by the whole debate. Mr. Dana, of Connecticut, said:—

Mr. Gallatin, whose position in our public affairs was afterwards so justly distinguished, employed the very language applicable to laws, when he spoke of the proposed abrogation of the treaty as a repeal .

Such is the first and leading precedent in our history. The next is more recent, and of hardly less importance. 106 It was the notice to Great Britain of the termination of the convention of 1827, relating to the joint occupancy of certain parts of Oregon. This was not done by the President, with the advice of the Senate in secret session, but by Act of Congress. President Polk, in his annual message of 2d December, 1845, called upon Congress to act. These are his words:—

In pursuance of this recommendation, provision was made by law for this notice . You will remember, Sir, the debate which for months occupied both Houses of Congress, and was closed by the passage of a joint resolution, approved 27th April, 1846, which, after a preamble, proceeds as follows.

This instance is particularly in point; for the treaty was terminated, in accordance with its stipulations, by notice from the United States,—precisely as it is now 107 proposed to terminate the treaty with Denmark. And the notice given to Great Britain with regard to the treaty is declared to be “for the abrogation of the same.”

Such, Sir, is the rule of the Constitution, sustained by authoritative precedents, in the abrogation of successive treaties with two powerful nations, France and Great Britain. Surely there cannot be one rule for large nations and another for small nations; nor will any one argue that a treaty with France or Great Britain can be abrogated only by Act of Congress, but a treaty with Denmark may be abrogated by the President without an Act of Congress. And yet, in apparent harmony with this fallacious distinction, the Executive, merely with the consent of the Senate, obtained in secret session, assumes to abrogate a treaty with weaker Denmark, and has given notice that this abrogation will take effect on the ensuing 14th of April. Not content with the treaty-making power which it possesses under the Constitution, it assumes the treaty-abrogating power, which it does not possess. And this assumption becomes more objectionable, when it is considered how completely it excludes the House of Representatives from an important function in the Government. Louis the Fourteenth, in the pride of conscious power, exclaimed, “I am the State”; and permit me to say, that our own Executive, undertaking to act in this matter without the sanction of Congress, effectively makes the same declaration. To the Senate is justly accorded large powers; but it now assumes more. Only lately it authorized the origination of the great appropriation bills, constituting the mainspring of the Government, in defiance of uninterrupted usage, and, as I submit, the spirit of the Constitution. What next, Sir? “Glamis thou art, and Cawdor!” And where, Sir, in this career of aggrandizement, will you stop?

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Whatever may be the merits of the existing controversy with Denmark, I trust that the President will not clutch so eagerly at the promised fruits as to disregard the requirement of the Constitution, and the voice of the popular branch, in the repeal of an existing law. In vain you will urge the good accomplished. To do even a great right, it is not safe to do even a little wrong. At all events, I call attention to this extraordinary assumption, that it may not be recorded for a precedent. I call attention to it, also, that the needful steps may be taken forthwith, in order to make effective the notice which has been given, without due authority under the Constitution. The treaty with Denmark is at this moment part of the supreme law of the land, and can be abrogated only by Act of Congress.

Mr. President ,—My desire is simply to bring the question before the Committee, and, to accomplish this, I shall not stand on the form of the resolution. I am aware that it is argumentative, and involves, perhaps, a reflection upon the course of the Executive; but I adopted this form purposely, from a desire that the resolution should tell the whole story on its face, and speak for itself. The ample debate that has occurred supersedes all such desire. The subject is fully before the Senate, and I doubt not will receive the attention of the Committee.

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In introducing this question, I remarked that it was of domestic concern under our own Constitution, with which, of course, Denmark has nothing to do. All references, therefore, to that power have been superfluous, if not illogical. Her consent is not sought in the proposed termination of the treaty. On the contrary, it will be terminated against her desires. We must look for our rule of conduct to our own Constitution. This I assume as an undeniable postulate.

The discussion, though protracted, has not been unprofitable; but at each stage we have been brought back to the clear and unmistakable distinction between the power to make treaties and the power to abrogate them, under the Constitution. The President, by and with the advice and consent of the Senate, may make treaties; but there is nothing in our Constitution conferring upon them the power to abrogate treaties. To attribute to them any such power is to go beyond the Constitution. Nor has any Senator distinctly, and in terms, claimed for them this power. On the contrary, I think that Senators on the other side—both the Senator from Virginia and the Senator from Connecticut—admit that a treaty cannot be abrogated, except by virtue of an Act of Congress. I understood the Senator from Connecticut to make this admission, and I believe the Senator from Virginia did also.

Mr. Sumner. I put aside the whole idea of a new treaty, constituting in itself a new transaction, and involving the concurrence of the foreign power. The 110 President and Senate, with the concurrence of a foreign power, may, of course, make a new treaty; but we are now dealing with the case where the whole proceeding is without any such concurrence. The question does not turn on the treaty-making power, but on the treaty-abrogating power. And I come back again to the admission of both Senators, that a treaty can be abrogated only by Act of Congress. This admission is important, and, as it seems to me, conclusive.

But here a distinction is made by these Senators between treaties which contain no provision for their termination and treaties which contain such provision. And I understand the Senator from Virginia to maintain that a treaty terminated in pursuance of such a provision is not abrogated . This is strange; for in both cases the treaty is brought to an end by our special intervention, and this is done without the concurrence of the other contracting party . If this is not the abrogation of a treaty, I do not see what can be. You may, if you choose, call it by a softer term, but still it is the same thing. The treaty is invalidated, or made to cease. But I will not argue this question. I submit to Senators opposite, who have maintained their views with so much constancy, that their position is not tenable; I say this frankly, but with entire respect for their learning and ability. The same power must be invoked to terminate a treaty containing a provision for its termination, on notice from either party , as to terminate a treaty containing no such provision; and in both cases the treaty may properly be said to be abrogated. The single distinction between the two cases is, that the treaty in one case is abrogated in defiance of the other party, and perhaps on hostile ground, while in the 111 other case it is abrogated in pursuance of a power specially reserved, and therefore without any just cause of offence; but in both cases the life of the treaty is destroyed by our act. Permit me to add, that the distinction made between these two classes is a distinction without a difference, and the admission that a treaty can be abrogated only by Act of Congress is as applicable to one class as to the other: it settles the question.

I rest, then, confidently in the conclusion, that a treaty is part of the supreme law of the land, and cannot be set aside, terminated, superseded, disclaimed, repealed, or abrogated, except by the exercise of the highest power known to the Constitution, embodying the collected will of the whole people in a legislative act, under the sanction of the Senate and House of Representatives of the United States in Congress assembled.

Mr. President ,—As this subject was originally brought before the Senate on my motion, I hope to be indulged while I state briefly what seems to be the true state of the question.

By the usage of most countries, the war-making 112 power, the treaty-making power, and the treaty-abrogating power are all lodged in one and the same body. For instance, in England, the Queen in council declares war, makes treaties, and also abrogates treaties: so also do the other sovereigns of Europe. This is the growth of custom, and has become European constitutional law. But it is otherwise in the United States, where, according to the Constitution, the war-making power is expressly lodged in Congress, while the treaty-making power is expressly lodged in the President, acting with the advice of two thirds of the Senate. Nothing express appears in the Constitution with regard to the treaty-abrogating power. We are left to argument and inference, in order to ascertain whether this great attribute belongs with the war-making power to Congress, or with the treaty-making power to the President and Senate.

To me there are three considerations, each of which seems to be decisive, while the three combined compel us irresistibly to the true conclusion.

First. In the absence of any express words in the Constitution, the power to abrogate treaties should not be attributed to any mere fraction of the Government, as to the President, or to the President and Senate, nor to any branches short of the whole Government embodied in an Act of Congress. In view of the magnitude of the power, I am at a loss to see how any other conclusion can be adopted on this point.

Secondly. The Constitution has expressly lodged the war-making power in Congress, and, in doing so, seems by implication to have placed the treaty-abrogating power in the same body; for the latter seems to be an incident of the former. The abrogation of a treaty may be the prelude of war; indeed, it may practically amount to a 113 declaration of war. The powers, though differing in degree, are kindred in character, and should go together.

Thirdly. The Constitution has stepped forward, and expressly declared that treaties shall be “the supreme law of the land”; and I know no way in which these words can have complete efficacy, unless they are held to impress upon treaties the character of law, so that they will not only be recognized as such by the courts, but also be irrepealable except by Act of Congress .

And this conclusion is confirmed by the practice of the Government on two important occasions, in abrogating all subsisting treaties with France in 1798, and in abrogating the convention with England relating to Oregon as late as 1846. I do not dwell on these instances, or their authoritative character; for I went over them at length on a former occasion. Now, for the first time in our history, an opposite practice is adopted, contrary to precedents, and also, as it seems to me, contrary to reason. It is proposed to terminate a subsisting treaty with Denmark, establishing reciprocal privileges of trade, and especially regulating the payment of Sound dues, without any Act of Congress, but simply by virtue of a resolution of the Senate. The novelty of this course creates an impression against it. But this is vindicated by the Committee on Foreign Relations, in an elaborate report, on the ground of a peculiar provision in the treaty, as follows.

114

It is admitted, as I understand, that, without this provision, the treaty could not be terminated, except by Act of Congress; but it is said, that, under this provision, no such Act is required. It is difficult to understand the ground of this distinction; for there is nothing in this provision to take power from Congress and confer it upon the Senate alone. Point out the words, if they exist. They are not there. How, then, can you infer them? The treaty is to be terminated on notice from either party ; and this notice must proceed from the same power which, in the absence of such provision, would be competent to act. The mode of action is different, but the acting power is the same in both cases.

This treaty may be terminated on notice from “either of the contracting parties.” In other treaties, having a similar provision, other equivalent terms are employed: as in the treaty with Greece in 1837, and with Sardinia in 1838, where the term “high contracting parties” is employed; the treaty with Hanover in 1840, and with the Hanseatic Republics in 1852, where the term “Government of the United States on the one part” is employed; and, again, in the treaty with New Granada in 1844, where the term “one of the two Governments” is employed. These terms are all identical in meaning; and they signify that the notice in all cases must be an act of the Government .

Who, then, for this purpose, is the Government, under the Constitution of the United States? Surely, the 115 power that can abrogate a treaty, and nothing short of this; and this power, we have already seen, is represented by an Act of Congress alone.

The Committee in their report, undertake to set forth the difference between treaties which contain no provision for their termination and those which do contain such provision, as follows.

Permit me to say that this does not seem to be a correct statement of the difference between the two classes; for in both cases the treaties were annulled contrary to the desire of the opposite party; and it is notorious that the pending proceedings to annul the treaty with Denmark are contrary to the desire of that power. No, Sir: the difference between the two cases must be found in something else, which seems to me palpable and unmistakable. It is this.

By the Law of Nations, in the absence of any express stipulation, a treaty is of perpetual obligation on both parties,—to be abrogated only by a new treaty having the assent of both parties, or by the act of one party, alleging bad faith or hostile intent in the other, and on this account declaring before the civilized world a release from all its obligations. Such an act not only operates upon the other party in invitum , but it is also offensive in character . But if any express stipulation is introduced, authorizing the termination of the treaty 116 on notice from either party, then it may be abrogated in conformity to the stipulation, even contrary to the desire of the opposite party, without giving cause of offence ; and this will be found to be the sole practical distinction between the two cases. In both, the same power must be invoked; but it acts in different ways.

The question in the present case is of importance in two aspects: first , as it involves the determination of a question of political power under our Constitution; and, secondly , as it may affect the interest of private individuals.

In the first aspect, the question would not be unimportant, constitutionally, if the treaty with Denmark were the only one affected by it; but the frequency of the provision in recent treaties adds to its interest. Unknown in early days, it makes its first appearance as late as 1822 in a treaty with France, and then in 1826 in this very treaty with Denmark; but it has been repeated constantly since. Here is a list, now in my hand, of no less than forty-six different treaties of the United States with thirty-two different foreign powers, in which this provision will be found. Among these is the important stipulation with Great Britain, under which a squadron is kept on the coast of Africa for the suppression of the slave-trade; and you are now to determine whether the Senate will assume to itself the extraordinary power now claimed over all these treaties, or will leave it in the hands of Congress. And, still further, if this power is assumed by the Senate, can it be exercised by a mere majority, or will a vote of two thirds be required? How shall this question be decided? This very difficulty of detail helps point to the true conclusion. But here is the list.

117

Memorandum of Treaties containing provision for their termination.

118

Are you aware, Sir, of the extent to which the abrogation of this treaty may affect private interests, and therefore directly raise for the judgment of the courts the question of the validity of your proceeding? By this treaty Danish ships and cargoes are put upon the footing of those of the most favored nations, and exempted from discriminating duties; but these privileges must, of course, cease with the treaty. Now, if a Danish vessel should arrive in the coming month at New York, from St. Thomas, or at San Francisco, on her way from Manila, as has latterly happened, the question would at once be presented, whether the treaty had been legally abrogated, so as to expose the vessel and cargo to the discriminating duties and fees? That I may not seem to imagine a case, I call your attention to a list of these duties and fees.

Mr. Sumner. The Senator is, perhaps, right. The President may remit these discriminating duties; but I believe he can do it only after information from Denmark as to her course. He cannot do it at once ; and I now refer to these duties simply to show that at this moment, while I speak, a practical question may arise in our courts, or at our custom-houses, as to the validity of the act of abrogation.

119

These things will at least make you hesitate before you assert a power which is without precedent, and which at a former day was disowned in this very case. By referring to the published diplomatic correspondence, it appears that Mr. Buchanan, when Secretary of State, in a letter to our representative at Copenhagen, dated 14th October, 1848, twice over recognized this power in Congress. “ Congress may, therefore, at any moment, authorize the President to terminate this convention.” Mark, Sir, he did not say the Senate, but Congress. And then again he says: “It is probable that two years might elapse before the existing convention could be terminated, as an act must first pass Congress to enable the President to give the required notice, after which a year must expire before it could be rendered effectual .” [61] It appears, also, that the House of Representatives, proceeding on this understanding, had already initiated a joint resolution on this subject, and therefore were in some measure seized of it, when the Senate undertook to act alone. It seems to me that the course you have commenced should be retraced, and that a joint resolution, or Act of Congress, for the abrogation of the treaty, should be introduced at once, if it is considered, in the present state of negotiations on this question among the European nations, that the abrogation of the treaty should be pressed immediately.

I desire the opinion of the Senate simply on the necessity of present action by joint resolution,—leaving to another time, or to the Committee, the question, whether the joint resolution shall be prospective in its operation, or retroactive, so as to take advantage of the notice already given? In order to have a decision of 120 this single point, I move to strike out all of the resolution now pending after the word “ Resolved ,” and insert as follows:—

121

REPLY TO ASSAULTS ON EMIGRATION IN KANSAS.

Speech in the Senate, on the Report of the Committee on Territories, March 12, 1856.

MR. PRESIDENT,—In those two reports the whole subject is presented characteristically on both sides. In the report of the majority the true issue is smothered; in that of the minority the true issue stands forth as a pillar of fire to guide the country. The first proceeds from four Senators; but against it I fearlessly put that report signed by a single Senator [Mr. Collamer], to whom I offer my thanks for this service. Let the two go abroad together. Error is harmless, while reason is left free to combat it.

122

I have no desire to precipitate the debate on this important question, under which the country already shakes from side to side, and which threatens to scatter from its folds civil war. Nor, indeed, am I disposed to enter upon it, until I have the opportunity of seeing in print the elaborate documents which have been read to-day. But I cannot allow the subject to pass away, even for this hour, without repelling at once, distinctly and unequivocally, the assault which has been made upon the Emigrant Aid Company of Massachusetts. That Company has done nothing for which it can be condemned under the laws and Constitution of the land. These it has not offended in letter or spirit,—not in the slightest letter, nor in the remotest spirit. It is true, it has sent men to Kansas; and had it not a right to send them? It is true, I trust, that its agents love Freedom and hate Slavery; and have they not a right to do so? Their offence has this extent, and no more. Sir, to the whole arraignment of that Company, in the report of the Committee on Territories, I now for them plead, “Not guilty!” and confidently appeal to the country for that honorable acquittal which is due to their patriot services.

The outrages in Kansas are vindicated or extenuated by the alleged misconduct of the Emigrant Aid Company. Very well, Sir; a bad cause is naturally staked on untenable ground. You cannot show the misconduct. Any such allegation will fail. And you now begin your game with loaded dice.

123

UNION TO SAVE KANSAS, AND UNION TO SAVE OURSELVES.

Letter to a New York Committee, April 28, 1856.

Senate Chamber , April 28, 1856.

DEAR SIR,—I cannot be at your proposed meeting, where are to assemble the patriotism, intelligence, and wealth of the metropolis; but I recognize its importance, and cry to it God-speed!

The work before us is plain. Kansas must be saved from a tyrannical usurpation, under which Slavery has been forcibly established on Free Soil. This is the special object of labor to which we are summoned by every consideration of regard for that distant Territory, and also by every sentiment of love for our common country. But this can be done only by her immediate welcome into the Union, under her present Constitution, as a Free State,—of course without recognition of the usurping Tyranny. Upon this we must insist, as the means essential to the end.

In achieving this result, an incidental good will be accomplished, which of itself should impel us to any exertion. The Slave Oligarchy has staked its power in the National Government upon the support of this usurpation. In the madness of its despotism, it has selected a position the least tenable of all its assumptions. To dislodge it from this position, and at the same time from its disgusting supremacy in the National Government, will be one and the same work. 124 And all this will be easy to do, if the good people of the populous North, forgetting past differences, will but rally together. Union to save Kansas, and Union to save ourselves , should be the watchword.

Believe me, dear Sir, very faithfully yours,

Charles Sumner .

E. D. Morgan , Esq., Chairman, &c.

125

THE CRIME AGAINST KANSAS:

THE APOLOGIES FOR THE CRIME; THE TRUE REMEDY.

Speech in the Senate, May 19 and 20, 1856.

126

137

SPEECH.

MR. PRESIDENT,—You are now called to redress a great wrong. Seldom in the history of nations is such a question presented. Tariffs, army bills, navy bills, land bills, are important, and justly occupy your care; but these all belong to the course of ordinary legislation. As means and instruments only, they are necessarily subordinate to the conservation of Government itself. Grant them or deny them, in greater or less degree, and you inflict no shock. The machinery of Government continues to move. The State does not cease to exist. Far otherwise is it with the eminent question now before you, involving, as it does, Liberty in a broad Territory, and also involving the peace of the whole country, with our good name in history forevermore.

Take down your map, Sir, and you will find that the Territory of Kansas, more than any other region, occupies the middle spot of North America, equally distant from the Atlantic on the east and the Pacific on the west, from the frozen waters of Hudson’s Bay on the north and the tepid Gulf Stream on the south,—constituting the precise geographical centre of the whole vast Continent. To such advantages of situation, on the very highway between two oceans, are added a so 138 il of unsurpassed richness, and a fascinating, undulating beauty of surface, with a health-giving climate, calculated to nurture a powerful and generous people, worthy to be a central pivot of American institutions. A few short months have hardly passed since this spacious mediterranean country was open only to the savage, who ran wild in its woods and prairies; and now it has drawn to its bosom a population of freemen larger than Athens crowded within her historic gates, when her sons, under Miltiades, won liberty for mankind on the field of Marathon,—more than Sparta contained, when she ruled Greece, and sent forth her devoted children, quickened by a mother’s benediction, to return with their shields or on them,—more than Rome gathered on her seven hills, when, under her kings, she commenced that sovereign sway which afterwards embraced the whole earth,—more than London held, when, on the fields of Crécy and Agincourt, the English banner was borne victorious over the chivalrous hosts of France.

Against this Territory, thus fortunate in position and population, a Crime has been committed which is without example in the records of the Past. Not in plundered provinces or in the cruelties of selfish governors will you find its parallel; and yet there is an ancient instance which may show at least the path of justice. In the terrible impeachment by which the Roman Orator has blasted through all time the name of Verres, charges were, that he had carried away productions of Art, and had violated the sacred shrines. But, amidst charges of robbery and sacrilege, the enormity which most aroused the indignant voice of his accuser, and which still stands forth with strongest distinctness 139 , arousing the sympathetic indignation of all who read the story, was, that away in Sicily he had scourged a citizen of Rome,—that the cry, “I am a Roman citizen,” had been interposed in vain against the lash of the tyrant governor. It was in the presence of the Roman Senate that this arraignment proceeded,—in a temple of the Forum,—amidst crowds such as no orator had ever before drawn together, thronging the porticos and colonnades, even clinging to the house-tops and neighboring slopes, and under the anxious gaze of witnesses summoned from the scene of crime. But an audience grander far, of higher dignity, of more various people, and of wider intelligence,—the countless multitude of succeeding generations, in every land where eloquence has been studied, or where the Roman name has been recognized,—has listened to the accusation, and throbbed with condemnation of the criminal. Sir, speaking in an age of light, and in a land of constitutional liberty, where the safeguards of elections are justly placed among the highest triumphs of civilization, I fearlessly assert that the wrongs of much-abused Sicily, thus memorable in history, were small by the side of the wrongs of Kansas, where the very shrines of popular institutions, more sacred than any heathen altar, are desecrated,—where the ballot-box, more precious than any work in ivory or marble from the cunning hand of Art, is plundered,—and where the cry, “I am an American citizen,” is interposed in vain against outrage of every kind, even upon life itself. Are you against robbery? I hold it up to your scorn. Are you against sacrilege? I present it for your execration. Are you for the protection of American citizens? I show you how their dearest rights are cloven down, while a Tyrannical Usurpat 140 ion seeks to install itself on their very necks!

The wickedness which I now begin to expose is immeasurably aggravated by the motive which prompted it. Not in any common lust for power did this uncommon tragedy have its origin. It is the rape of a virgin Territory, compelling it to the hateful embrace of Slavery; [63] and it may be clearly traced to a depraved desire for a new Slave State, hideous offspring of such a crime, in the hope of adding to the power of Slavery in the National Government. Yes, Sir, when the whole world, alike Christian and Turk, is rising up to condemn this wrong, making it a hissing to the nations, here in our Republic, force —ay, Sir, FORCE—is openly employed in compelling Kansas to this pollution, and all for the sake of political power. There is the simple fact, which you will vainly attempt to deny, but which in itself presents an essential wickedness that makes other public crimes seem like public virtues.

This enormity, vast beyond comparison, swells to dimensions of crime which the imagination toils in vain to grasp, when it is understood that for this purpose are hazarded the horrors of intestine feud, not only in this distant Territory, but everywhere throughout the country. The muster has begun. The strife is no longer local, but national. Even now, while I speak, portents lower in the horizon, threatening to darken the land, which already palpitates with the mutterings of civil 141 war. The fury of the propagandists, and the calm determination of their opponents, are diffused from the distant Territory over wide-spread communities, and the whole country, in all its extent, marshalling hostile divisions, and foreshadowing a conflict which, unless happily averted by the triumph of Freedom, will become war,—fratricidal, parricidal war,—with an accumulated wickedness beyond that of any war in human annals, justly provoking the avenging judgment of Providence and the avenging pen of History, and constituting a strife such as was pictured by the Roman historian, more than foreign , more than social , more than civil , being something compounded of all these, and in itself more than war,—“ sed potius commune quoddam ex omnibus, et plus quam bellum .” [64]

Such is the Crime which you are to judge. The criminal also must be dragged into day, that you may see and measure the power by which all this wrong is sustained. From no common source could it proceed. In its perpetration was needed a spirit of vaulting ambition which would hesitate at nothing; a hardihood of purpose insensible to the judgment of mankind; a madness for Slavery, in spite of Constitution, laws, and all the great examples of our history; also a consciousness of power such as comes from the habit of power; a combination of energies found only in a hundred arms directed by a hundred eyes; a control of Public Opinion through venal pens and a prostituted press; an ability to subsidize crowds in every vocation of life,—the politician with his local importance, the lawyer with his 142 subtle tongue, and even the authority of the judge on the bench,—with a familiar use of men in places high and low, so that none, from the President to the lowest border postmaster, should decline to be its tool: all these things, and more, were needed, and they were found in the Slave Power of our Republic. There, Sir, stands the criminal, all unmasked before you, heartless, grasping, and tyrannical, with an audacity beyond that of Verres, a subtlety beyond that of Machiavel, a meanness beyond that of Bacon, and an ability beyond that of Hastings. Justice to Kansas can be secured only by the prostration of this influence: for this is the Power behind—greater than any President—which succors and sustains the Crime. Nay, the proceedings I now arraign derive their fearful consequence only from this connection.

In opening this great matter, I am not insensible to the austere demands of the occasion; but the dependence of the Crime against Kansas upon the Slave Power is so peculiar and important that I trust to be pardoned while I impress it by an illustration which to some may seem trivial. It is related in Northern Mythology, that the God of Force, visiting an enchanted region, was challenged by his royal entertainer to what seemed a humble feat of strength,—merely, Sir, to lift a cat from the ground. The god smiled at the challenge, and, calmly placing his hand under the belly of the animal, with superhuman strength strove, while the back of the feline monster arched far upwards, even beyond reach, and one paw actually forsook the earth, when at last the discomfited divinity desisted; but he was little surprised at his defeat, when he learned that this creature, which seemed to be a cat, and nothing more, was not merely a cat, but that it belonged to and was part of the g 143 reat Terrestrial Serpent which in its innumerable folds encircled the whole globe. Even so the creature whose paws are now fastened upon Kansas, whatever it may seem to be, constitutes in reality part of the Slave Power, which, with loathsome folds, is now coiled about the whole land. Thus do I exhibit the extent of the present contest, where we encounter not merely local resistance, but also the unconquered sustaining arm behind. But from the vastness of the Crime attempted, with all its woe and shame, I derive well-founded assurance of commensurate effort by the aroused masses of the country, determined not only to vindicate Right against Wrong, but to redeem the Republic from the thraldom of that Oligarchy which prompts, directs, and concentrates the distant wrong.

Such is the Crime and such the criminal which it is my duty to expose; and, by the blessing of God, this duty shall be done completely to the end. But this will not be enough. The Apologies which, with strange hardihood, are offered for the Crime must be torn away, so that it shall stand forth without a single rag or fig-leaf to cover its vileness. And, finally, the True Remedy must be shown. The subject is complex in relations, as it is transcendent in importance; and yet, if I am honored by your attention, I hope to present it clearly in all its parts, while I conduct you to the inevitable conclusion that Kansas must be admitted at once, with her present Constitution, as a State of this Union, and give a new star to the blue field of our National Flag. And here I derive satisfaction from the thought, that the cause is so strong in itself as to bear even the infirmities of its advocates; nor can it require anything beyond 144 that simplicity of treatment and moderation of manner which I desire to cultivate. Its true character is such, that, like Hercules, it will conquer just so soon as it is recognized.

My task will be divided under three different heads: first , the Crime against Kansas , in its origin and extent; secondly , the Apologies for the Crime ; and, thirdly , the True Remedy .

Before entering upon the argument, I must say something of a general character, particularly in response to what has fallen from Senators who have raised themselves to eminence on this floor in championship of human wrong: I mean the Senator from South Carolina [Mr. Butler ] and the Senator from Illinois [Mr. Douglas ], who, though unlike as Don Quixote and Sancho Panza, yet, like this couple, sally forth together in the same adventure. I regret much to miss the elder Senator from his seat; but the cause against which he has run a tilt, with such ebullition of animosity, demands that the opportunity of exposing him should not be lost; and it is for the cause that I speak. The Senator from South Carolina has read many books of chivalry, and believes himself a chivalrous knight, with sentiments of honor and courage. Of course he has chosen a mistress to whom he has made his vows, and who, though ugly to others, is always lovely to him,—though polluted in the sight of the world, is chaste in his sight: I mean the harlot Slavery. For her his tongue is always profuse in words. Let her be impeached in character, or any proposition be made to shut her out from the extension of her wantonness, and no extravagance of manner or hardihood of assertion is then too great for this S 145 enator. The frenzy of Don Quixote in behalf of his wench Dulcinea del Toboso is all surpassed. The asserted rights of Slavery, which shock equality of all kinds, are cloaked by a fantastic claim of equality. If the Slave States cannot enjoy what, in mockery of the great fathers of the Republic, he misnames Equality under the Constitution,—in other words, the full power in the National Territories to compel fellow-men to unpaid toil, to separate husband and wife, and to sell little children at the auction-block,—then, Sir, the chivalric Senator will conduct the State of South Carolina out of the Union! Heroic knight! Exalted Senator! A second Moses come for a second exodus!

Not content with this poor menace, which we have been twice told was “measured,” the Senator, in the unrestrained chivalry of his nature, has undertaken to apply opprobrious words to those who differ from him on this floor. He calls them “sectional and fanatical”; and resistance to the Usurpation of Kansas he denounces as “an uncalculating fanaticism.” To be sure, these charges lack all grace of originality and all sentiment of truth; but the adventurous Senator does not hesitate. He is the uncompromising, unblushing representative on this floor of a flagrant sectionalism , now domineering over the Republic,—and yet, with a ludicrous ignorance of his own position, unable to see himself as others see him, or with an effrontery which even his white head ought not to protect from rebuke, he applies to those here who resist his sectionalism the very epithet which designates himself. The men who strive to bring back the Government to its original policy, when Freedom and not Slavery was national, while Slavery and not Freedom was sectional, he arraigns as sectional . Thi 146 s will not do. It involves too great a perversion of terms. I tell that Senator that it is to himself, and to the “organization” of which he is the “committed advocate,” that this epithet belongs. I now fasten it upon them. For myself, I care little for names; but, since the question is raised here, I affirm that the Republican party of the Union is in no just sense sectional , but, more than any other party, national ,—and that it now goes forth to dislodge from the high places that tyrannical sectionalism of which the Senator from South Carolina is one of the maddest zealots.

To the charge of fanaticism I also reply. Sir, fanaticism is found in an enthusiasm or exaggeration of opinion, particularly on religious subjects; but there may be fanaticism for evil as well as for good. Now I will not deny that there are persons among us loving Liberty too well for personal good in a selfish generation. Such there may be; and, for the sake of their example, would that there were more! In calling them “fanatics,” you cast contumely upon the noble army of martyrs, from the earliest day down to this hour,—upon the great tribunes of human rights, by whom life, liberty, and happiness on earth have been secured,—upon the long line of devoted patriots, who, throughout history, have truly loved their country,—and upon all who, in noble aspiration for the general good, and in forgetfulness of self, have stood out before their age, and gathered into their generous bosoms the shafts of tyranny and wrong, in order to make a pathway for Truth;—you discredit Luther, when alone he nailed his articles to the door of the church at Wittenberg, and then to the imperial demand that he should retract firmly replied, “Here I stand; I cannot do otherwise, so help 147 me God!” you discredit Hampden, when alone he refused to pay the few shillings of ship money, and shook the throne of Charles the First; you discredit Milton, when, amidst the corruptions of a heartless court, he lived on, the lofty friend of Liberty, above question or suspicion; you discredit Russell and Sidney, when, for the sake of country, they calmly turned from family and friends, to tread the steps of the scaffold; you discredit those early founders of American institutions, who preferred the hardships of a wilderness, surrounded by a savage foe, to injustice on beds of ease; you discredit our later fathers, who, few in numbers and weak in resources, yet strong in their cause, did not hesitate to brave the mighty power of England, already encircling the globe with her morning drumbeats. Yes, Sir, of such are the fanatics, according to the Senator. But I tell the Senator that there are characters, badly eminent, of whose fanaticism there can be no question. Such were the ancient Egyptians, who worshipped divinities in brutish forms; the Druids, who darkened the forests of oak, in which they lived, by sacrifices of blood; the Mexicans, who surrendered countless victims to the propitiation of obscene idols; the Spaniards, who, under Alva, sought to force the Inquisition upon Holland, by a tyranny kindred to that now employed to force Slavery upon Kansas; and such were the Algerines, when, in solemn conclave, after listening to a speech not unlike that of the Senator from South Carolina, they resolved to continue the slavery of white Christians, and to extend it over countrymen of Washington,—ay, Sir, extend it! And in this same dreary catalogue faithful History must record all who now, in an enlightened age, and in a land of boasted Freedom, stand up, in perversion of the Constitution, and in d 148 enial of immortal truth, to fasten a new shackle upon their fellow-man. If the Senator wishes to see fanatics, let him look round among his own associates,—let him look at himself.

But I have not done with the Senator. There is another matter regarded by him of such consequence that he interpolated it into the speech of the Senator from New Hampshire [Mr. Hale ], and also announced that he had prepared himself with it, to take in his pocket all the way to Boston, when he expected to address the people there. [65] On this account, and for the sake of truth, I stop for one moment and tread it to the earth. The North, according to the Senator, was engaged in the slave-trade, and helped to introduce slaves into the Southern States; and this undeniable fact he proposed to establish by statistics, in giving which his errors exceeded his sentences in number. I let these pass for the present, that I may deal with his argument. Pray, Sir, is acknowledged turpitude in a departed generation to become the example for us? And yet the suggestion, if entitled to any consideration in this discussion, must have this extent. I join my friend from New Hampshire in thanking the Senator from South Carolina for this instance, since it gives me opportunity to say that the Northern merchants, with homes in Boston, Bristol, Newport, New York, and Philadelphia, who catered for Slavery during the years of the slave-trade, are lineal progenitors of the Northern men, with homes in these places, who lend themselves to Slavery in our day,—and especially that all, whether North or South, who take part, directly or indirectly, in 149 the conspiracy against Kansas, do but continue the work of the slave-traders, which you condemn. It is true, too true, alas! that our fathers were engaged in this traffic; but that is no apology for it. And in repelling the authority of this example, I repel also the trite argument founded on the earlier example of England. It is true that our mother country, at the Peace of Utrecht, extorted from Spain the shameful Asiento, securing the monopoly of the slave-trade with the Spanish Colonies, as part pay for the blood of great victories,—that she higgled at Aix-la-Chapelle for another lease of this exclusive traffic,—and again at the Treaty of Madrid bartered the wretched piracy for money. It is true that in this spirit the power of the mother country was prostituted to the same base ends in her American Colonies, against indignant protests from our fathers. All these things now rise in judgment against her. Let us not follow the Senator from South Carolina to do the very evil which in another generation we condemn.

As the Senator from South Carolina is the Don Quixote, so the Senator from Illinois [Mr. Douglas ] is the squire of Slavery, its very Sancho Panza, ready to do its humiliating offices. This Senator, in his labored address vindicating his labored report,—piling one mass of elaborate error upon another mass,—constrained himself, as you will remember, to unfamiliar decencies of speech. Of that address I have nothing to say at this moment, though before I sit down I shall show something of its fallacies. But I go back now to an earlier occasion, when, true to native impulses, he threw into this discussion, “for a charm of powerful trouble,” personalities most di 150 screditable to this body. I will not stop to repel imputations which he cast upon myself; but I mention them to remind you of the “sweltered venom sleeping got,” which, with other poisoned ingredients, he cast into the caldron of this debate. Of other things I speak. Standing on this floor, the Senator issued his rescript requiring submission to the Usurped Power of Kansas; and this was accompanied by a manner—all his own—befitting the tyrannical threat. Very well. Let the Senator try. I tell him now that he cannot enforce any such submission. The Senator, with the Slave Power at his back, is strong; but he is not strong enough for this purpose. He is bold. He shrinks from nothing. Like Danton, he may cry, “ De l’audace! encore de l’audace! et toujours de l’audace! ” but even his audacity cannot compass this work. The Senator copies the British officer who with boastful swagger said that with the end of his sword he would cram the “stamps” down the throats of the American people; and he will meet a similar failure. He may convulse this country with civil feud. Like the ancient madman, he may set fire to this Temple of Constitutional Liberty, grander than Ephesian dome; but he cannot enforce obedience to that tyrannical Usurpation.

The Senator dreams that he can subdue the North. He disclaims the open threat, but his conduct implies it. How little that Senator knows himself, or the strength of the cause which he persecutes! He is but mortal man; against him is immortal principle. With finite power he wrestles with the infinite, and he must fall. Against him are stronger battalions than any marshalled by mortal arm,—the inborn, ineradicable, invincible sentiments of the human heart; against him is Nature with all her subtile forces; against him is God. Let 151 him try to subdue these.

Passing from things which, though touching the very heart of the discussion, are yet preliminary, I press at once to the main question.

I.

I undertake, in the first place, to expose the Crime against Kansas , in origin and extent. Logically this is the beginning of the argument. I say Crime, and deliberately adopt this strongest term, as better than any other denoting the consummate transgression. I would go further, if language could further go. It is the Crime of Crimes ,—surpassing far the old Crimen Majestatis , pursued with vengeance by the laws of Rome, and containing all other crimes, as the greater contains the less. I do not go too far, when I call it the Crime against Nature , from which the soul recoils, and which language refuses to describe. To lay bare this enormity I now proceed. The whole subject has become a twice-told tale, and its renewed recital will be a renewal of sorrow and shame; but I shall not hesitate. The occasion requires it from the beginning.

It is well remarked by a distinguished historian of our country, that, “at the Ithuriel touch of the Missouri discussion, the Slave Interest, hitherto hardly recognized as a distinct element in our system, started up portentous and dilated,” [66] with threats and assumptions which are the origin of our existing national politics. This was in 1820. The debate ended with the admission of Missouri as a Slaveholding State, and the prohibition of Slavery in all the remaining territory west of the Missi 152 ssippi and north of 36° 30´, leaving the condition of other territory south of this line, or subsequently acquired, untouched by the arrangement. Here was a solemn act of legislation, called at the time compromise, covenant, compact, first brought forward in this body by a slaveholder, vindicated in debate by slaveholders, finally sanctioned by slaveholding votes,—also upheld at the time by the essential approbation of a slaveholding President, James Monroe, and his Cabinet, of whom a majority were slaveholders, including Mr. Calhoun himself; and this compromise was made the condition of the admission of Missouri, without which that State could not have been received into the Union. The bargain was simple, and was applicable, of course, only to the territory named. Leaving all other territory to await the judgment of another generation, the South said to the North, Conquer your prejudices so far as to admit Missouri as a Slave State, and, in consideration of this much coveted boon, Slavery shall be prohibited “forever” (mark here the word “ forever ”) [67] in all the remaining Louisiana Territory above 36° 30´; and the North yielded.

In total disregard of history, the President, in his annual message, tells us that this compromise “was reluctantly acquiesced in by Southern States.” Just the contrary is true. It was the work of slaveholders, and by their concurring votes was crowded upon a reluctant North. It was hailed by slaveholders as a victory. Charles Pinckney, of South Carolina, in an oft quoted letter, written at eight o’clock on the night of its passage, says: “It is considered here by the Slaveholding 153 States as a great triumph.” [68] At the North it was accepted as a defeat, and the friends of Freedom everywhere throughout the country bowed their heads with mortification. Little did they know the completeness of their disaster. Little did they dream that the prohibition of Slavery in the territory, which was stipulated as the price of their fatal capitulation, would also, at the very moment of its maturity, be wrested from them.

Time passed, and it became necessary to provide for this territory an organized government. Suddenly, without notice in the public press, or the prayer of a single petition, or one word of open recommendation from the President, after an acquiescence of thirty-four years, and the irreclaimable possession by the South of its special share under this compromise, in breach of every obligation of honor, compact, and good neighborhood, and in contemptuous disregard of the outgushing sentiments of an aroused North, this time-honored Prohibition—in itself a Landmark of Freedom—was overturned, and the vast region now known as Kansas and Nebraska was opened to Slavery. It is natural that a measure thus repugnant in character should be pressed by arguments mutually repugnant. It was urged on two principal reasons, so opposite and inconsistent as to fight with each other: one being, that, by the repeal of the Prohibition, the Territory would be left open to the entry of slaveholders with their slaves, without hindrance; and the other being, that the people would be left absolutely free to determine the question for themselves, and to prohibit the entry of slaveholders with 154 their slaves, if they should think best. With some the apology was the alleged rights of slaveholders; with others it was the alleged rights of the people. With some it was openly the extension of Slavery; and with others it was openly the establishment of Freedom, under the guise of Popular Sovereignty. The measure, thus upheld in defiance of reason, was carried through Congress in defiance of all securities of legislation. These things I mention that you may see in what foulness the present Crime was engendered.

It was carried, first , by whipping in , through Executive influence and patronage, men who acted against their own declared judgment and the known will of their constituents; secondly , by thrusting out of place , both in the Senate and House of Representatives, important business, long pending, and usurping its room; thirdly , by trampling under foot the rules of the House of Representatives, always before the safeguard of the minority; and, fourthly , by driving it to a close during the very session in which it originated, so that it might not be arrested by the indignant voice of the People. Such are some of the means by which this snap judgment was obtained. If the clear will of the people had not been disregarded, it could not have passed. If the Government had not nefariously interposed, it could not have passed. If it had been left to its natural place in the order of business, it could not have passed. If the rules of the House and the rights of the minority had not been violated, it could not have passed. If it had been allowed to go over to another Congress, when the People might be heard, it would have been ended; and then the Crime we now deplore would have been without its first seminal life.

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Mr. President, I mean to keep absolutely within the limits of parliamentary propriety. I make no personal imputations, but only with frankness, such as belongs to the occasion and my own character, describe a great historical act, now enrolled in the Capitol. Sir, the Nebraska Bill was in every respect a swindle. It was a swindle of the North by the South. On the part of those who had already completely enjoyed their share of the Missouri Compromise, it was a swindle of those whose share was yet absolutely untouched; and the plea of unconstitutionality set up—like the plea of usury after the borrowed money has been enjoyed—did not make it less a swindle. Urged as a bill of peace, it was a swindle of the whole country. Urged as opening the doors to slave-masters with their slaves, it was a swindle of Popular Sovereignty in its asserted doctrine. Urged as sanctioning Popular Sovereignty, it was a swindle of slave-masters in their asserted rights. It was a swindle of a broad territory, thus cheated of protection against Slavery. It was a swindle of a great cause, early espoused by Washington, Franklin, and Jefferson, surrounded by the best fathers of the Republic. Sir, it was a swindle of God-given, inalienable rights. Turn it over, look at it on all sides, and it is everywhere a swindle; and if the word I now employ has not the authority of classical usage, it has, on this occasion, the indubitable authority of fitness. No other word will adequately express the mingled meanness and wickedness of the cheat.

Its character is still further apparent in the general structure of the bill. Amidst overflowing professions of regard for the sovereignty of the people in the Territory, they are despoiled of every essential privilege of sovereignty. They are not allowed to choose Govern 156 or, Secretary, Chief Justice, Associate Justices, Attorney, or Marshal,—all of whom are sent from Washington; nor are they allowed to regulate the salaries of any of these functionaries, or the daily allowance of the legislative body, or even the pay of the clerks and door-keepers: but they are left free to adopt Slavery. And this is nicknamed Popular Sovereignty! Time does not allow, nor does the occasion require, that I should stop to dwell on this transparent device to cover a transcendent wrong. Suffice it to say, that Slavery is in itself an arrogant denial of human rights, and by no human reason can the power to establish such a wrong be placed among the attributes of any just sovereignty. In refusing it such a place, I do not deny popular rights, but uphold them, I do not restrain popular rights, but extend them. And, Sir, to this conclusion you must yet come, unless deaf, not only to the admonitions of political justice, but also to the genius of our Constitution, under which, when properly interpreted, no valid claim for Slavery can be set up anywhere in the National territory. The Senator from Michigan [Mr. Cass ] may say, in response to the Senator from Mississippi [Mr. Brown ], that Slavery cannot go into the Territory, under the Constitution, without legislative introduction; and permit me to add, in response to both, that Slavery cannot go there at all. Nothing can come out of nothing ; and there is absolutely nothing in the Constitution out of which Slavery can be derived, while there are provisions, which, when properly interpreted, make its existence anywhere within the exclusive National jurisdiction impossible.

The offensive provision in the bill is in its form a legislative anomaly, utterly wanting the natural dir 157 ectness and simplicity of an honest transaction. It does not undertake openly to repeal the old Prohibition of Slavery, but seems to mince the matter, as if conscious of the swindle. It says that this Prohibition, “being inconsistent with the principle of non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void.” Thus, with insidious ostentation, is it pretended that an act violating the greatest compromise of our legislative history, and loosening the foundations of all compromise, is derived out of a compromise. Then follows in the bill the further declaration, entirely without precedent, which has been aptly called “a stump speech in its belly,” namely, “it being the true intent and meaning of this act not to legislate Slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” [69] Here are smooth words, such as belong to a cunning tongue enlisted in a bad cause. But whatever may have been their various hidden meanings, this at least is evident, that, by their effect, the Congressional prohibition of Slavery, which had always been regarded as a seven-fold shield, covering the whole Louisiana Territory north of 36° 30´, is now removed, while a principle is declared which renders the supplementary prohibition of Slavery in Minnesota, Oregon, and Washington “inoperative and void,” and thus opens to Slavery all these vast regions, now the r 158 ude cradles of mighty States. Here you see the magnitude of the mischief contemplated. But my purpose is with the Crime against Kansas, and I shall not stop to expose the conspiracy beyond.

Mr. President, men are wisely presumed to intend the natural consequences of their conduct, and to seek what their acts seem to promote. Now the Nebraska Bill, on its very face, openly clears the way for Slavery, and it is not wrong to presume that its originators intended the natural consequences of such an act, and sought in this way to extend Slavery. Of course they did. And this is the first stage in the Crime against Kansas.

This was speedily followed by other developments. It was soon whispered that Kansas must be a Slave State. In conformity with this barefaced scheme was the Government of this unhappy Territory organized in all its departments; and thus did the President, by whose complicity the Prohibition of Slavery was overthrown, lend himself to a new complicity,—giving to the conspirators a lease of connivance, amounting even to copartnership. The Governor, Secretary, Chief Justice, Associate Justices, Attorney, and Marshal, with a whole caucus of other stipendiaries, nominated by the President and confirmed by the Senate, are all commended as friendly to Slavery. No man with the sentiments of Washington or Jefferson or Franklin finds favor; nor is it too much to say, that, had these great patriots once more come among us, not one of them, with his recorded, unretracted opinions on Slavery, could be nominated by the President or confirmed by the Senate for any post in that Territory. With such auspices the conspiracy proceeded. Even in advance of the Nebraska Bill, secret societies were organized in Missouri, os 159 tensibly to protect her institutions, and afterwards, under the name of “Self-Defensive Associations” and “Blue Lodges,” these were multiplied throughout the western counties of that State, before any counter movement from the North . It was confidently anticipated, that, by the activity of these societies, and the interest of slaveholders everywhere, with the advantage derived from the neighborhood of Missouri and the influence of the Territorial Government, Slavery might be introduced into Kansas, quietly, but surely, without arousing conflict,—that the crocodile egg might be stealthily dropped in the sunburnt soil, there to be hatched, unobserved until it sent forth its reptile monster.

But the conspiracy was unexpectedly balked. The debate, which convulsed Congress, stirred the whole country. From all sides attention was directed upon Kansas, which at once became the favorite goal of emigration. The bill loudly declares that its object is “to leave the people perfectly free to form and regulate their domestic institutions in their own way”; and its supporters everywhere challenge the determination of the question between Freedom and Slavery by a competition of emigration. Thus, while opening the Territory to Slavery, the bill also opens it to emigrants from every quarter, who may by votes redress the wrong. The populous North, stung by sense of outrage, and inspired by a noble cause, are pouring into the debatable land, and promise soon to establish a supremacy of numbers there, involving, of course, a just supremacy of Freedom.

Then was conceived the consummation of the Crime against Kansas. What could not be accomplished peaceably was to be accomplished forcibly. The 160 reptile monster, that could not be quietly and securely hatched there, is to be pushed full-grown into the Territory. All efforts are now applied to the dismal work of forcing Slavery upon Free Soil. In flagrant derogation of the very Popular Sovereignty whose name helped to impose this bill upon the country, the atrocious object is distinctly avowed. And the avowal is followed by the act. Slavery is forcibly introduced into Kansas, and placed under formal safeguard of pretended law. How this is done belongs to the argument.

In depicting this consummation, the simplest outline, without one word of color, will be best. Whether regarded in mass or detail, in origin or result, it is all blackness, illumined by nothing from itself, but only by the heroism of the undaunted men and women whom it environed. A plain statement of facts is a picture of direst truth, which faithful History will preserve in its darkest gallery. In the foreground all will recognize a familiar character, in himself connecting link between President and border ruffian,—less conspicuous for ability than for the exalted place he has occupied,—who once sat in the seat where you now sit, Sir,—where once sat John Adams and Thomas Jefferson,—also, where once sat Aaron Burr. I need not add the name of David R. Atchison. [70] You do not forget, that, at the session of Congress immediately succeeding the Nebraska Bill, he came tardily to his duty here, and then, after a short time, disappeared. The secret was long since disclosed. Like Catiline, he stalked into this Chamber, reeking with conspiracy,— immo etiam in Senatum venit ,—and then, like Catiline, he skulked away,— 161 abiit, excessit, evasit, erupit ,—to join and provoke the conspirators, who at a distance awaited their congenial chief. Under the influence of his malign presence the Crime ripened to its fatal fruits, while the similitude with Catiline is again renewed in the sympathy, not even concealed, which he finds in the very Senate itself, where, beyond even the Roman example, a Senator has not hesitated to appear as his open compurgator.

And now, as I proceed to show the way in which this Territory was overrun and finally subjugated to Slavery, I desire to remove, in advance, all question with regard to the authority on which I rely. The evidence is secondary, but it is the best which, in the nature of the case, can be had; and it is not less clear, direct, and peremptory than any by which we are assured of the campaigns in the Crimea or the fall of Sebastopol. In its manifold mass, I confidently assert that it is such a body of evidence as the human mind is not able to resist. It is found in the concurring reports of the public press, in the letters of correspondents, in the testimony of travellers, and in the unaffected story to which I have listened from leading citizens, who, during this winter, have “come flocking” here from that distant Territory. It breaks forth in the irrepressible outcry, reaching us from Kansas, whose truthful tones leave no ground of mistake. It addresses us in formal complaint, instinct with the indignation of a people determined to be free, and unimpeachable as the declarations of a murdered man on his dying-bed against his murderer. And let me add, that all this testimony finds echo in the very statute-book of the conspirators, and also in language dropped from the President of the United States.

162

I begin with an admission from the President himself, in whose sight the people of Kansas have little favor. After arraigning the innocent emigrants from the North, he is constrained to declare that their conduct is “far from justifying the illegal and reprehensible counter movements which ensued.” [71] By the reluctant admission of the Chief Magistrate, then, there was a counter movement at once “ illegal and reprehensible .” I thank thee, President, for teaching me these words; and I now put them in the front of this exposition, as in themselves a confession. Sir, this “illegal and reprehensible counter movement” is none other than the dreadful Crime—under an apologetic alias —by which, through successive invasions, Slavery is forcibly planted in this Territory.

Next to this Presidential admission must be placed details of invasions, which I now present as not only “illegal and reprehensible,” but also unquestionable evidence of the resulting Crime.

The violence, for some time threatened, broke forth on the 29th of November, 1854, at the first election of a Delegate to Congress, when companies from Missouri, amounting to upwards of one thousand, crossed into Kansas, and with force and arms proceeded to vote for General Whitfield, the candidate of Slavery. An eye-witness, General Pomeroy, [72] of superior intelligence and perfect integrity, thus describes this scene.

163

Here was an outrage at which the coolest blood of patriotism boils. Though, for various reasons unnecessary to develop, the busy settlers allowed the election to pass uncontested, still the means employed were none the less “illegal and reprehensible.”

This infliction was a significant prelude to the grand invasion of the 30th of March, 1855, at the election of the first Territorial Legislature under the organic law, when an armed multitude from Missouri entered the Territory in larger numbers than General Taylor commanded at Buena Vista, or than General Jackson had within his lines at New Orleans,—much larger than our fathers rallied on Bunker Hill. On they came as “an army with banners,” organized in companies, with officers, munitions, tents, and provisions, as though marching upon a foreign foe, and breathing loud-mouthed threats that they would carry their purpose, if need were, by the bowie-knife and revolver. Among them, according to his own confession, was David R. Atchison, belted with the vulgar arms of his vulgar comrades. Arrived at their several destinations on the night before the election, the invaders pitched their tents, placed their sentries, and waited for the coming day. The same trustworthy eye-witness whom I have already quoted says of one locality:—

164

Of another locality he says:—

With this force they were able, on the succeeding day, in some places, to intimidate the judges of elections, in others to substitute judges of their own appointment, in others to wrest the ballot-boxes from their rightful possessors, and everywhere to exercise a complete control of the election, and thus, by preternatural audacity of usurpation, impose a Legislature upon the free people of Kansas. Thus was conquered the Sebastopol of that Territory!

It was not enough to secure the Legislature. The election of a member of Congress recurred on the 1st of October, 1855, and the same foreigners, who had learned their strength, again manifested it. Another invasion, in controlling numbers, came from Missouri, and once more forcibly exercised the electoral franchise in Kansas.

At last, in the latter days of November, 1855, a storm, long gathering, burst upon the heads of the devoted people. The ballot-boxes had been violated, and a Legislature installed, which proceeded to carry out the conspiracy of the invaders; but the good people of the Territory, born to Freedom, and educated as American citizens, showed no signs of submission. Slavery, th 165 ough recognized by pretended law, was in many places practically an outlaw. To the lawless borderers this was hard to bear; and, like the heathen of old, they raged, particularly against the town of Lawrence, already known, by the firmness of its principles and the character of its citizens, as citadel of the good cause. On this account they threatened, in their peculiar language, to “wipe it out.” Soon the hostile power was gathered for this purpose. The wickedness of this invasion was enhanced by the way in which it began. A citizen of Kansas, by the name of Dow, was murdered by a partisan of Slavery, in the name of “law and order.” Such an outrage naturally aroused indignation and provoked threats. The professors of “law and order” allowed the murderer to escape, and, still further to illustrate the irony of the name they assumed, seized the friend of the murdered man, whose few neighbors soon rallied for his rescue. This transaction, though totally disregarded in its chief front of wickedness, became the excuse for unprecedented excitement. The weak Governor, [73] with no faculty higher than servility to Slavery,—whom the President, in official delinquency, had appointed to a trust worthy only of a well-balanced character,—was frightened from his propriety. By proclamation he invoked the Territory. By telegraph he invoked the President. The Territory would not respond to his senseless appeal. The President was false. But the proclamation was circulated throughout the border counties of Missouri; and Platte, Clay, Carroll, Saline, Howard, and Jackson, each of them, contributed a volunteer company, recruited from the roadsides, and armed with weapons which chance afforded, known 166 as “the shot-gun militia,”—with a Missouri officer as commissary-general, dispensing rations, and another Missouri officer as general-in-chief,—with two wagon-loads of rifles, belonging to Missouri, drawn by six mules, from its arsenal at Jefferson City,—with seven pieces of cannon, belonging to the United States, from its arsenal at Liberty; and this formidable force, amounting to at least 1,800 men, terrible with threats, oaths, and whiskey, crossed the borders, and encamped in larger part on the Wakarusa, over against the doomed town of Lawrence, now threatened with destruction. With these invaders was the Governor, who by this act levied war upon the people he was sent to protect. In camp with him was the original Catiline of the conspiracy, while by his side were the docile Chief Justice and the docile Judges. But this is not the first instance in which an unjust governor has found tools where he ought to have found justice. In the great impeachment of Warren Hastings, the British orator by whom it was conducted exclaims, in words strictly applicable to the misdeed I here denounce: “Had he not the Chief Justice, the tamed and domesticated Chief Justice, who waited on him like a familiar spirit?” [74] Thus was this invasion countenanced by those who should have stood in the breach against it. For more than a week it continued, while deadly conflict was imminent. I do not dwell on the heroism by which it was encountered, or the mean retreat to which it was compelled; for that is not necessary in exhibiting the Crime which you are to judge. But I cannot forbear to add other features, furnished in a letter written at the time by a clergyman, who saw and was part of what 167 he describes.

The catalogue is not yet complete. On the 15th of December, when the people assembled to vote on the Constitution submitted for adoption, only a few days after the Treaty of Peace between the Governor on the one side and the town of Lawrence on the other, another and fifth irruption was made. But I leave all this untold. Enough of these details has been given.

Five several times and more have these invaders entered Kansas in armed array, and thus five several times and more have they trampled upon the organic law of the Territory. These extraordinary expeditions are simply the extraordinary witnesses to successive, uninterrupted 168 violence. They stand out conspicuous, but not alone. The spirit of evil, in which they had their origin, is wakeful and incessant. From the beginning it hung upon the skirts of this interesting Territory, harrowing its peace, disturbing its prosperity, and keeping its inhabitants under the painful alarms of war. All security of person, property, and labor was overthrown; and when I urge this incontrovertible fact, I set forth a wrong which is small only by the side of the giant wrong for the consummation of which all this is done. Sir, what is man, what is government, without security, in the absence of which nor man nor government can proceed in development or enjoy the fruits of existence? Without security civilization is cramped and dwarfed. Without security there is no true Freedom. Nor shall I say too much, when I declare that security, guarded of course by its parent Freedom, is the true end and aim of government. Of this indispensable boon the people of Kansas are despoiled,—absolutely, totally. All this is aggravated by the nature of their pursuits, rendering them peculiarly sensitive to interruption, and at the same time attesting their innocence. They are for the most part engaged in the cultivation of the soil, which from time immemorial has been the sweet employment of undisturbed industry. Contented in the returns of bounteous Nature and the shade of his own trees, the husbandman is not aggressive; accustomed to produce, and not to destroy, he is essentially peaceful, unless his home is invaded, when his arm derives vigor from the soil he treads, and his soul inspiration from the heavens beneath whose canopy he daily toils. Such are the people of Kansas, whose security has been overthrown. Scenes from which Civilization averts her countenance are 169 part of their daily life. Border incursions, which in barbarous ages or barbarous lands fretted and harried an exposed people, are here renewed, with this peculiarity, that our border robbers do not simply levy blackmail and drive off a few cattle, like those who acted under the inspiration of the Douglas of other days,—they do not seize a few persons, and sweep them away into captivity, like the African slave-traders, whom we brand as pirates,—but they commit a succession of deeds in which border sorrows and African wrongs are revived together on American soil, while, for the time being, all protection is annulled, and the whole Territory is enslaved.

Private griefs mingle their poignancy with public wrongs. I do not dwell on the anxieties of families exposed to sudden assault, and lying down to rest with the alarms of war ringing in the ears, not knowing that another day may be spared to them. Throughout this bitter winter, with the thermometer at thirty degrees below zero, the citizens of Lawrence were constrained to sleep under arms, with sentinels pacing constant watch against surprise. Our souls are wrung by individual instances. In vain do we condemn the cruelties of another age, the refinements of torture to which men were doomed, the rack and thumb-screw of the Inquisition, the last agonies of the regicide Ravaillac,

for kindred outrages disgrace these borders. Murder stalks, Assassination skulks in the tall grass of the prairie, and the vindictiveness of man assumes unwonted forms. A preacher of the Gospel has been ridden on a rail, then thrown into the Missouri, fastened to 170 a log, and left to drift down its muddy, tortuous current. And lately we have the tidings of that enormity without precedent, a deed without a name, where a candidate for the Legislature was most brutally gashed with knives and hatchets, and then, after weltering in blood on the snow-clad earth, trundled along, with gaping wounds, to fall dead before the face of his wife. It is common to drop a tear of sympathy over the sorrows of our early fathers, exposed to the stealthy assault of the savage foe,—and an eminent American artist [75] has pictured this scene in a marble group, on the front of the National Capitol, where the uplifted tomahawk is arrested by the strong arm and generous countenance of the pioneer, whose wife and children find shelter at his feet; but now the tear must be dropped over the sorrows of fellow-citizens building a new State in Kansas, and exposed to the perpetual assault of murderous robbers from Missouri. Hirelings, picked from the drunken spew and vomit of an uneasy civilization, having the form of men,—

leashed together by secret signs and lodges, renew the incredible atrocities of the Assassins and the Thugs,—showing the blind submission of the Assassins to the Old Man of the Mountain in robbing Christians on the road to Jerusalem, and the heartlessness of the Thugs, who, avowing that murder is their religion, waylay travellers on the great road from Agra to Delhi,—with the more deadly bowie-knife for the dagger of the Assa 171 ssin, and the more deadly revolver for the noose of the Thug.

In these invasions, with the entire subversion of all security in this Territory, the plunder of the ballot-box, and the pollution of the electoral franchise, I show simply the process in unprecedented Crime. If that be the best government where injury to a single citizen is resented as injury to the whole State, what must be the character of a government which leaves a whole community of citizens thus exposed? In the outrage upon the ballot-box, even without the illicit fruits which I shall soon exhibit, there is a peculiar crime, of the deepest dye, though subordinate to the final Crime, which should be promptly avenged. In other lands, where royalty is upheld, it is a special offence to rob the crown jewels, which are emblems of that sovereignty before which the loyal subject bows, and it is treason to be found in adultery with the queen, for in this way may a false heir be imposed upon the State; but in our Republic the ballot-box is the single priceless jewel of that sovereignty which we respect, and the electoral franchise, where are born the rulers of a free people, is the royal bed we are to guard against pollution. In this plain presentment, whether as regards security or as regards elections, there is enough, without proceeding further, to justify the intervention of Congress, promptly and completely, to throw over this oppressed people the impenetrable shield of the Constitution and laws. But the half is not yet told.

As every point in a wide-spread horizon radiates from a common centre, so everything said or done in this vast circle of Crime radiates from the One Idea , that Kansas, at all hazards, must be made a Slave State. In all the 172 manifold wickednesses that occur, and in every successive invasion, this One Idea , is ever present, as Satanic tempter, motive power, causing cause . Talk of “one idea!” Here it is with a vengeance!

To accomplish this result, three things are attempted: first , by outrage of all kinds, to drive the friends of Freedom out of the Territory; secondly , to deter others from coming; and, thirdly , to obtain complete control of the Government. The process of driving out, and also of deterring, has failed. On the contrary, the friends of Freedom there have become more fixed in resolve to stay and fight the battle which they never sought, but from which they disdain to retreat,—while the friends of Freedom elsewhere are more aroused to the duty of timely succor by men and munitions of just self-defence.

While defeated in the first two processes, the conspirators succeeded in the last. By the violence already portrayed at the election of the 30th of March, when the polls were occupied by armed hordes from Missouri, they imposed a Legislature upon the Territory, and thus, under the iron mask of law, established a Usurpation not less complete than any in history. That this was done I proceed to prove. Here is the evidence.

1. Only in this way can this extraordinary expedition be adequately explained. In the words of Molière, once employed by John Quincy Adams in the other House, “ Que diable allaient-ils faire dans cette galère? ” What did they go into the Territory for? If their purposes were peaceful, as has been suggested, why cannons, arms, flags, numbers, and all this violence? As simple citizens, proceeding to the honest exercise of the electoral franchise, they might go with nothing more than a 173 pilgrim’s staff. Philosophy always seeks a sufficient cause , and only in the One Idea already presented can a cause be found in any degree commensurate with the Crime; and this becomes so only when we consider the mad fanaticism of Slavery.

2. Public notoriety steps forward to confirm the suggestion of reason. In every place where Truth can freely travel it is asserted and understood that the Legislature was imposed upon Kansas by foreigners from Missouri; and this universal voice is now received as undeniable verity.

3. It is also attested by harangues of the conspirators. Here is what Stringfellow said before the invasion.

Here is what Atchison said after the invasion.

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4. It is confirmed by contemporaneous admission of “The Squatter Sovereign,” a paper published at Atchison, and at once the organ of the President and of these Borderers, which, under date of 1st April, thus recounts the victory.

5. It is also confirmed by contemporaneous testimony of another paper, always faithful to Slavery, the “New York Herald,” in the letter of a correspondent from Brunswick, Missouri, under date of 20th April, 175 1855.

6. It is again confirmed by testimony of a lady for five years resident in Western Missouri, who thus writes in a letter published in the “New Haven Register.”

7. And it is confirmed still further by the Circular of the Emigration Society of Lafayette County, in Missouri, dated as late as 25th March, 1856, where the efforts of Missourians are openly confessed.

8. Here, also, is amplest testimony to the Usurpation, by the “Intelligencer,” a leading paper of St. Louis, Missouri, made in the ensuing summer.

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9. In harmony with all these is the authoritative declaration of Governor Reeder, in a speech to his neighbors at Easton, Pennsylvania, at the end of April, 1855, and immediately afterwards published in the Washington “Union.” Here it is.

10. In similar harmony is the complaint of the people of Kansas, in public meeting at Big Springs, on the 5th of September, 1855, embodied in these words.

11. Finally, the invasion which ended in the Usurpation is clearly established from official Minutes laid on our table by the President. But the effect of this testimony has been so amply exposed by the Senator from Vermont [Mr. Collamer ], in his able 178 and indefatigable argument, that I content myself with simply referring to it.

On this cumulative, irresistible evidence, in concurrence with antecedent history, I rest. And yet Senators here argue that this cannot be,—precisely as the conspiracy of Catiline was doubted in the Roman Senate. “ Nonnulli sunt in hoc ordine, qui aut ea quæ imminent non videant, aut ea quæ vident dissimulent; qui spem Catilinæ mollibus sententiis aluerunt, conjurationemque nascentem non credendo corroboraverunt. ” [76] These words of the Roman Orator picture the case here. As I listened to the Senator from Illinois, while he painfully strove to show that there is no Usurpation, I was reminded of the effort by a distinguished logician to prove that Napoleon Bonaparte never existed. And permit me to say, that the fact of his existence is not more entirely above doubt than the fact of this Usurpation. This I assert on proofs already presented. But confirmation comes almost while I speak. The columns of the public press are daily filled with testimony solemnly taken before the Committee of Congress in Kansas, which attests, in awful light, the violence ending in the Usurpation. Of this I may speak on some other occasion. [77] Meanwhile I proceed with the development of the Crime.

The usurping Legislature assembled at the appointed place in the interior, and then at once, in opposition to the veto of the Governor, by a majority of two thirds, 179 removed to the Shawnee Mission, a place in most convenient proximity to the Missouri borderers, by whom it had been constituted, and whose tyrannical agent it was. The statutes of Missouri, in all their text, with their divisions and subdivisions, were adopted bodily, and with such little local adaptation that the word “State” in the original is not even changed to “Territory,” but is left to be corrected by an explanatory act. All this general legislation was entirely subordinate to the special chapter entitled “An Act to punish Offences against Slave Property,” where the One Idea that provoked this whole conspiracy is at last embodied in legislative form, and Human Slavery openly recognized on Free Soil, under the sanction of pretended law. [78] This chapter, of thirteen sections, is in itself a Dance of Death . But its complex completeness of wickedness without parallel may be partially conceived, when it is understood that in three sections only is the penalty of death denounced no less than forty-eight different times, by as many changes of language, against the heinous offence, described in forty-eight different ways, of interfering with what does not exist in that Territory, and under the Constitution cannot exist there,—I mean property in human flesh. Thus is Liberty sacrificed to Slavery, and Death summoned to sit at the gates as guardian of the Wrong.

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The work of Usurpation was not perfected even yet. It had already cost too much to be left at any hazard.

Such was the object. And this could not be, except by the entire prostration of all the safeguards of Human Rights. Liberty of speech, which is the very breath of a Republic,—the press, which is the terror of wrong-doers,—the bar, through which the oppressed beards the arrogance of law,—the jury, by which right is vindicated,—all these must be struck down, while officers are provided in all places, ready to be the tools of this Tyranny; and then, to obtain final assurance that their crime is secure, the whole Usurpation, stretching over the Territory, must be fastened and riveted by legislative bolt, spike, and screw, so as to defy all effort at change through ordinary forms of law . To this work, in its various parts, were bent the subtlest energies; and never, from Tubal Cain to this hour, was any fabric forged with more desperate skill and completeness.

Mark, Sir, three different legislative enactments, constituting part of this work. First , according to one act, all who deny, by spoken or written word, “the right of persons to hold slaves in this Territory,” are denounced as felons, to be punished by imprisonment at hard labor for a term not less than two years,—it may be for life. To show the extravagance of this injustice, it is well put by the Senator from Vermont [Mr. Collamer ], that, should the Senator from Michigan [Mr. Cass ], who believes that Slavery cannot exist in a Territory, unless introduced by express legislative act, venture there with his moderate opinions, his doom must be that of a felon! To such extent are the great liberties of speech and of the press subverted! Secondly , by another act, e 181 ntitled “An Act concerning Attorneys-at-Law,” no person can practise as attorney, unless he shall obtain a license from the Territorial courts, which, of course, a tyrannical discretion will be free to deny; and after obtaining such license, he is constrained to take an oath not only “to support” the Constitution of the United States, but also “to support and sustain”—mark here the reduplication—the Territorial Act and the Fugitive Slave Bill: thus erecting a test for admission to the bar, calculated to exclude citizens who honestly regard the latter legislative enormity as unfit to be obeyed. And, thirdly , by another act, entitled “An Act concerning Jurors,” all persons “conscientiously opposed to the holding slaves,” or “who do not admit the right to hold slaves in this Territory,” are excluded from the jury on every question, civil or criminal, arising out of asserted slave property,—while, in all cases, the summoning of the jury is left, without one word of restraint, to “the marshal, sheriff, or other officer,” who is thus free to pack it according to his tyrannical discretion.

For the ready enforcement of all statutes against Human Freedom, the President furnished a powerful quota of officers, in the Governor, Chief Justice, Judges, Secretary, Attorney, and Marshal. The Legislature completed this part of the work, by constituting in each county a Board of Commissioners, composed of two persons, associated with the Probate Judge, whose duty it is to “appoint a county treasurer, coroner, justices of the peace, constables, and all other officers provided for by law,” and then proceeding to the choice of this very Board: thus delegating and diffusing their usurped power, and tyrannically imposing upon the Territory a crowd of officers, in whose appointment the people ha 182 d no voice, directly or indirectly.

And still the final, inexorable work remained to be done. A Legislature renovated in both branches could not assemble until 1858: so that, during this long intermediate period, this whole system must continue in the likeness of law, unless overturned by the National Government, or, in default of such interposition, by the generous uprising of an oppressed people. But it was necessary to guard against possibility of change, even tardily, at a future election; and this was done by two different acts, under the first of which all who do not take the oath to support the Fugitive Slave Bill are excluded from the elective franchise, and under the second of which all others are entitled to vote who tender a tax of one dollar to the sheriff on the day of election; thus, by provision of Territorial law, disfranchising all opposed to Slavery, and at the same time opening the door to the votes of the invaders; by an unconstitutional shibboleth excluding from the polls the body of actual settlers, and by making the franchise depend upon a petty tax only admitting to the polls the mass of borderers from Missouri. By tyrannical forethought, the Usurpation not only fortified all that it did, but assumed a self-perpetuating energy.

Thus was the Crime consummated. Slavery stands erect, clanking its chains on the Territory of Kansas, surrounded by a code of death, and trampling upon all cherished liberties, whether of speech, the press, the bar, the trial by jury, or the electoral franchise. And, Sir, all this is done, not merely to introduce a wrong which in itself is a denial of all rights, and in dread of which mothers have taken the lives of their offspring,—not 183 merely, as is sometimes said, to protect Slavery in Missouri, since it is futile for this State to complain of Freedom on the side of Kansas, when Freedom exists without complaint on the side of Iowa, and also on the side of Illinois,—but it is done for the sake of political power, in order to bring two new slaveholding Senators upon this floor, and thus to fortify in the National Government the desperate chances of a waning Oligarchy. As the gallant ship, voyaging on pleasant summer seas, is assailed by a pirate crew, and plundered of its doubloons and dollars, so is this beautiful Territory now assailed in peace and prosperity, and robbed of its political power for the sake of Slavery. Even now the black flag of the land pirates from Missouri waves at the mast-head; in their laws you hear the pirate yell and see the flash of the pirate knife; while, incredible to relate, the President, gathering the Slave Power at his back, testifies a pirate sympathy.

Sir, all this was done in the name of Popular Sovereignty. And this is the close of the tragedy. Popular Sovereignty, which, when truly understood, is a fountain of just power, has ended in Popular Slavery,—not in the subjection of the unhappy African race merely, but of this proud Caucasian blood which you boast. The profession with which you began, of All by the People , is lost in the wretched reality of Nothing for the People . Popular Sovereignty, in whose deceitful name plighted faith was broken and an ancient Landmark of Freedom overturned, now lifts itself before us like Sin in the terrible picture of Milton, which

The image is complete at all points; and with this exposure I take my leave of the Crime against Kansas.

II.

Emerging from all the blackness of this Crime, where we seem to have been lost, as in a savage wood, and turning our backs upon it, as upon desolation and death, from which, while others have suffered, we have escaped, I come now to the Apologies which the Crime has found. Sir, well may you start at the suggestion, that such a series of wrongs, so clearly proved by various testimony, so openly confessed by the wrong-doers, and so widely recognized throughout the country, should find apologists. But partisan spirit, now, as in other days, hesitates at nothing. Great crimes of history have never been without apologies. The massacre of St. Bartholomew, which you now instinctively condemn, was at the time applauded in high quarters, and even commemorated by a Papal medal, which may still be procured at Rome,—as the Crime against Kansas, which is hardly less conspicuous in dreadful eminence, has been shielded on this floor by extenuating words, and even by a Presidential message, which, like the Papal medal, can never be forgotten in considering the perversity of men.

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Sir, the Crime cannot be denied. The President himself has admitted “illegal and reprehensible” conduct. To such conclusion he was compelled by irresistible evidence. But what he mildly describes I openly denounce. Senators may affect to put it aside by sneer, or to reason it away by figures, or to explain it by theory, such as desperate invention has produced on this floor, that the Assassins and Thugs of Missouri are in reality citizens of Kansas; but all these efforts, so far as made, are only tokens of weakness, while to the original Crime they add another offence of false testimony against innocent and suffering men. But the Apologies for the Crime are worse than the efforts at denial. In essential heartlessness they identify their authors with the great iniquity.

They are four in number, and fourfold in character. The first is the Apology tyrannical ; the second, the Apology imbecile ; the third, the Apology absurd ; and the fourth, the Apology infamous . This is all. Tyranny, imbecility, absurdity, and infamy all unite to dance, like the weird sisters, about this Crime.

The Apology tyrannical is founded on the mistaken act of Governor Reeder, in authenticating the Usurping Legislature, by which it is asserted, that, whatever may have been the actual force or fraud in its election, the people of Kansas are effectually concluded, and the whole proceeding is placed under formal sanction of law. According to this assumption, complaint is now in vain, and it only remains that Congress should sit and hearken to it, without correcting the wrong, as the ancient tyrant listened and granted no redress to the human moans that issued from the heated brazen bull which subtile cruelty had devised. This I cal 186 l the Apology of technicality inspired by tyranny.

The facts on this head are few and plain. Governor Reeder, after allowing only five days for objections to the returns,—a space of time unreasonably brief in that extensive Territory,—declared a majority of the members of the Council and of the House of Representatives “duly elected,” withheld certificates from certain others, because of satisfactory proof that they were not duly elected, and appointed a day for new elections to supply these vacancies. Afterwards, by formal message, he recognized the Legislature as a legal body, and when he vetoed their act of adjournment to the neighborhood of Missouri, he did it simply on the ground of illegality in such adjournment under the organic law. Now to every assumption founded on these facts there are two satisfactory replies: first , that no certificate of the Governor can do more than authenticate a subsisting legal act, without of itself infusing legality where the essence of legality is not already; and, secondly , that violence or fraud, wherever disclosed, vitiates completely every proceeding. In denying these principles, you place the certificate above the thing certified, and give a perpetual lease to violence and fraud, merely because at an ephemeral moment they are unquestioned. This will not do.

Sir, I am no apologist for Governor Reeder. There is sad reason to believe that he went to Kansas originally as tool of the President; but his simple nature, nurtured in the atmosphere of Pennsylvania, revolted at the service required, and he turned from his patron to duty. Grievously did he err in yielding to the Legislature any act of authentication; but in some measure he has answered for this error by determined effort 187 since to expose the utter illegality of that body, which he now repudiates entirely. It was said of certain Roman Emperors, who did infinite mischief in their beginnings and infinite good towards their end, that they should never have been born or never died; and I would apply the same to the official life of this Kansas Governor. At all events, I dismiss the Apology founded on his acts, as the utterance of Tyranny by the voice of Law, transcending the declaration of the pedantic judge, in the British Parliament, on the eve of our Revolution, that our fathers, notwithstanding their complaints, were in reality represented in Parliament, inasmuch as their lands, under the original charters, were held “in common socage, as of the manor of East Greenwich in Kent,” which, being duly represented, carried with it all the Colonies. [79] Thus in another age has Tyranny assumed the voice of Law.

Next comes the Apology imbecile , which is founded on the alleged want of power in the President to arrest this Crime. It is openly asserted, that, under existing laws, the Chief Magistrate has no authority to interfere in Kansas for this purpose. Such is the broad statement, which, even if correct, furnishes no Apology for any proposed ratification of the Crime, but which is in reality untrue; and this I call the Apology of imbecility.

In other matters no such ostentatious imbecility appears. Only lately, a vessel of war in the Pacific has 188 chastised the cannibals of the Feejee Islands for alleged outrage on American citizens. But no person of ordinary intelligence will pretend that American citizens in the Pacific have received wrongs from these cannibals comparable in atrocity to those suffered by American citizens in Kansas. Ah, Sir, the interests of Slavery are not touched by any chastisement of Feejees!

Constantly we are informed of efforts at New York, through the agency of the Government, and sometimes only on the breath of suspicion, to arrest vessels about to sail on foreign voyages in violation of our neutrality laws or treaty stipulations. Now no man familiar with the cases will presume to suggest that the urgency for these arrests is equal to the urgency for interposition against these successive invasions from Missouri. But the Slave Power is not disturbed by such arrests in New York.

At this moment the President exults in the vigilance with which he prevented the enlistment of a few soldiers, for transportation to Halifax, in breach of our territorial sovereignty, and England is bravely threatened, even to the extent of rupture of diplomatic relations, for her endeavor, though unsuccessful, and at once abandoned. [80] No man in his senses will urge that this act was anything but trivial by the side of the Crime against Kansas. But the Slave Power is not concerned in this controversy.

Thus, where the Slave Power is indifferent, the President will see that the laws are faithfully executed; but in other cases, where the interests of Slavery are at stake, he is controlled absolutely by this tyranny, r 189 eady at all times to do, or not to do, precisely as it dictates. Therefore it is that Kansas is left a prey to the Propagandists of Slavery, while the whole Treasury, the Army, and Navy of the United States are lavished to hunt a single slave through the streets of Boston. You have not forgotten the latter instance; but I choose to refresh it in your minds.

As long ago as 1851 the War Department and Navy Department concurred in placing the forces of the United States near Boston at the command of the Marshal, if needed for the enforcement of an Act of Congress which is without support in the public conscience, as I believe it without support in the Constitution; and thus these forces were degraded to the loathsome work of slave-hunters. More than three years afterwards an occasion arose for their intervention. A fugitive from Virginia, who for some days had trod the streets of Boston as a freeman, was seized as a slave. The whole community was aroused, while Bunker Hill and Faneuil Hall quaked with responsive indignation. Then, Sir, the President, anxious that no tittle of Slavery should suffer, was curiously eager in the enforcement of the statute. The despatches between him and his agents in Boston attest his zeal. Here are some of them.

The President was not content with the forces then on hand in the neighborhood. Other posts also were put under requisition. Two companies of national troops, stationed at New York, were kept under arms, ready at any moment to proceed to Boston; and the Adjutant-General of the Army was directed to repair to the scene, there to superintend the execution of the statute. All this was done for the sake of Slavery. But during long months of menace suspended over the Free Soil of Kansas, breaking forth in successive invasions, the President folds his hands in complete listlessness, or, if he moves at all, it is only to encourage the robber propagandists.

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And now the intelligence of the country is insulted by the Apology, that the President had no power to interfere. Why, Sir, to make this confession is to confess our Government a practical failure, which I will never do,—except, indeed, as it is administered now. No, Sir, the imbecility of the Chief Magistrate shall not be charged upon American Institutions. Where there is a will, there is a way; and in his case, had the will existed, there would have been a way, easy and triumphant, to guard against the Crime we deplore. His powers are in every respect ample; and this I prove by the statute-book. By the Act of Congress of 28th February, 1795, it is enacted, “that, whenever the laws of the United States shall be opposed, or the execution thereof obstructed , in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this Act, it shall be lawful for the President of the United States to call forth the militia.” [81] By the supplementary Act of 3d March, 1807, in all cases where he is authorized to call forth the militia “for the purpose of causing the laws to be duly executed,” the President is further empowered, in any State or Territory , “to employ for the same purposes such part of the land or naval force of the United States as shall be judged necessary.” [82] There is the letter of the law; and you will please to mark the power conferred. In no case, where the laws of the United States are opposed , or their execution obstructed , is the President constrained to wait for the requisition of a Governor, or even the petition of a citizen. Just so soon as he learns the fact, no matter by what channel, he is invested by law with full power to counteract it. True it is, that 192 , when the laws of a State are obstructed, he can interfere only on the application of the Legislature of such State, or of the Executive, when the Legislature cannot be convened; but when the National laws are obstructed, no such preliminary application is necessary. It is his high duty, under his oath of office, to see that they are executed, and, if need be, by the National forces.

And, Sir, this is the precise exigency that arises in Kansas,—exactly this,—nor more, nor less. The Act of Congress constituting the very organic law of the Territory, which, in peculiar phrase, as if to avoid ambiguity, declares, as its “true intent and meaning,” that the people thereof shall be left “perfectly free to form and regulate their domestic institutions in their own way,” has been from the beginning opposed and obstructed in its execution. If the President had power to employ the national forces in Boston, when he supposed the Fugitive Slave Bill was obstructed, and merely in anticipation of such obstruction, it is absurd to say that he has not power in Kansas, when, in the face of the whole country, the very organic law of the Territory is trampled under foot by successive invasions, and the freedom of the people there overthrown. To assert ignorance of this obstruction—premeditated, long-continued, and stretching through months—attributes to him not merely imbecility, but idiocy. And thus do I dispose of this Apology.

Next comes the Apology absurd , which is, indeed, in the nature of pretext. It is alleged that a small printed pamphlet, containing the “Constitution and Ritual of the Grand Encampment and 193 Regiments of the Kansas Legion,” was taken from the person of one George F. Warren, who attempted to avoid detection by chewing it. The oaths and grandiose titles of the pretended Legion are all set forth, and this poor mummery of a secret society, which existed only on paper, is gravely introduced on this floor, in order to extenuate the Crime against Kansas. It has been paraded in more than one speech, and even stuffed into the report of the Committee.

A part of the obligations assumed by the members of this Legion shows why it is thus pursued, while also attesting its innocence. It is as follows.

Kansas is to be made a Free State by an honorable movement which will not conflict with the laws and the Constitution. That is the object of the organization, declared in the very words of the initiatory obligation. Where is the wrong in this? What is there here to cast reproach, or even suspicion, upon the people of Kansas? Grant that the Legion was constituted, can you extract from it any Apology for the original Crime, or for its present ratification? Secret societies, with extravagant oaths, are justly offensive; but who can find in this mistaken machinery any excuse for the denial of all rights to the people of Kansas? All this I say on the supposition that the society is a real 194 ity, which it is not. Existing in the fantastic brains of a few persons only, it never had any practical life. It was never organized. The whole tale, with the mode of obtaining the copy of the Constitution, is at once cock-and-bull story and mare’s nest,—trivial as the former, absurd as the latter,—and to be dismissed, with the Apology founded upon it, to the derision which triviality and absurdity justly receive.

It only remains, under this head, that I should speak of the Apology infamous ,—founded on false testimony against the Emigrant Aid Company, and assumptions of duty more false than the testimony. Defying truth and mocking decency, this Apology excels all others in futility and audacity, while, from its utter hollowness, it proves the utter impotence of the conspirators to defend their Crime. Falsehood, always infamous , in this case arouses unwonted scorn. An association of sincere benevolence, faithful to the Constitution and laws, whose only fortifications are hotels, school-houses, and churches, whose only weapons are saw-mills, tools, and books, whose mission is peace and good-will, is grossly assailed on this floor, and an errand of blameless virtue made the pretext for an unpardonable Crime. Nay, more,—the innocent are sacrificed, and the guilty set at liberty. They who seek to do the mission of the Saviour are scourged and crucified, while the murderer, Barabbas, with the sympathy of the chief priests, goes at large.

Were I to take counsel of my own feelings, I should dismiss this whole Apology to the ineffable contempt which it deserves; but it is made to play such a part in this conspiracy, that I feel it a duty to expose it completely.

195

Sir, from the earliest times, men have recognized the advantages of organization, as an effective agency in promoting the business of life. Especially at this moment, there is no interest, public or private, high or low, of charity or trade, of luxury or convenience, which does not seek its aid. Men organize to rear churches and to make pins,—to build schools and to sail ships,—to construct roads and to manufacture toys,—to spin cotton and to print books,—to weave cloths and to increase harvests,—to provide food and to distribute light,—to influence Public Opinion and to secure votes,—to guard infancy in its weakness, old age in its decrepitude, and womanhood in its wretchedness; and now, in all large towns, when death has come, they are buried by organized societies, and, emigrants to another world, [84] they lie down in pleasant places, adorned by organized skill. To complain that this prevailing principle has been applied to living emigration is to complain of Providence and the irresistible tendencies implanted in man.

This application of the principle is no recent invention, brought forth for an existing emergency. It has the best stamp of Antiquity. It showed itself in the brightest days of Greece, where colonists moved in organized bands. It became part of the mature policy of Rome, where bodies of men were constituted expressly for this purpose,— triumviri ad colonos deducendos . [85] Naturally it is accepted in modern times by every civilized state. With the sanction of Spain, an association of Genoese merchants first introduced slaves to this continent. With the sanction of France, th 196 e Society of Jesuits stretched their labors over Canada and the Great Lakes to the Mississippi. It was under the auspices of Emigrant Aid Companies that our country was originally settled by the Pilgrim Fathers of Plymouth, by the Adventurers of Virginia, and by the philanthropic Oglethorpe, whose “benevolent soul,” commemorated by Pope, sought to plant a Free State in Georgia. At this day, such associations, of humbler character, are found in Europe, with offices in the great capitals, through whose activity emigrants are directed hither.

For a long time, emigration to the West, from the Northern and Middle States, but particularly from New England, has been of marked significance. In quest of better homes, annually it presses to the unsettled lands, in numbers counted by tens of thousands; but this has been done heretofore with little knowledge, and without guide or counsel. Finally, when, by the establishment of a government in Kansas, the tempting fields of that central region were opened to the competition of peaceful colonization, and especially when it was declared that the question of Freedom or Slavery there was to be determined by the votes of actual settlers, then at once was organization enlisted as an effective agency in quickening and conducting the emigration impelled thither, and, more than all, in providing homes on its arrival.

The Company was first constituted under an Act of the Legislature of Massachusetts, April 26, 1854, some weeks prior to the passage of the Nebraska Bill. The original act of incorporation was subsequently abandoned, and a new charter received in February, 1855, in which the objects of the Society are thus declared:—

197

At any other moment an association for these purposes would take its place, by general consent, among philanthropic experiments; but Crime is always suspicious, and shakes, like a sick man, merely at the pointing of a finger. The conspirators against Freedom in Kansas became alarmed at the movement. Their wicked plot was about to fail. To help themselves, they denounced the Emigrant Aid Company; and their denunciations, after finding an echo in the President, are repeated, with much particularity, on this floor, in the formal report of your Committee.

The falsehood of the whole accusation will appear in illustrative instances.

A charter is set out, section by section, which, though originally granted, was subsequently abandoned, and is not in reality the charter of the Company, but is materially unlike it.

The Company is represented as “a powerful corporation, with a capital of five millions,” when, by its actual charter, it is not allowed to hold property above one million, and, in point of fact, its capital has not exceeded one hundred thousand dollars.

Then, again, it is suggested, if not alleged, that this enormous capital, which I have already said does not exist, is invested in “cannon and rifles, in powder and lead,” and “implements of war,” all of which, whether alleged or suggested, is absolutely false. The officers of the Company authorize me to give this whole assumption a point-blank denial.

198

These allegations are of small importance, and I mention them only because they show the character of the report, and also something of the quicksand on which the Senator from Illinois chooses to plant himself. But these are all capped by the unblushing assertion, that the proceedings of the Company were “in perversion of the plain provisions of an Act of Congress,”—and also another unblushing assertion, as “certain and undeniable,” that the Company was formed to promote certain objects, “regardless of the rights and wishes of the people, as guarantied by the Constitution of the United States, and secured by their organic law,” when it is certain and undeniable that the Company has done nothing in perversion of any Act of Congress, while, to the extent of its power, it seeks to protect the rights and wishes of the actual people in the Territory.

Sir, this Company has violated in no respect the Constitution or laws of the land,—not in the merest letter or the slightest spirit. But every other imputation is equally baseless. It is not true, as the Senator from Illinois alleges, in order in some way to compromise the Company, that it was informed before the public of the date fixed for the election of the Legislature. This statement is pronounced by the Secretary, in a letter now before me, “an unqualified falsehood, not having even the shadow of a shade of truth for its basis.” It is not true that men have been hired by the Company to go to Kansas; for every emigrant going under its direction himself provides the means for his journey. Of course, Sir, it is not true, as is complained by the Senator from South Carolina, with that proclivity to error which marks all his utterances, that men have been sent by the Company “with one uniform gun, 199 Sharp’s rifle”; for it has supplied no arms of any kind to anybody. It is not true that the Company has encouraged any fanatical aggression upon the people of Missouri; for it counsels order, peace, forbearance. It is not true that the Company has chosen its emigrants on account of political opinions; for it asks no questions with regard to the opinions of any whom it aids, and at this moment stands ready to forward those from the South as well as the North, while, in the Territory, all, from whatever quarter, are admitted to equal enjoyment of its tempting advantages. It is not true that the Company has sent persons merely to control elections, and not to remain in the Territory; for its whole action, and all its anticipation of pecuniary profits, are founded on the hope of stocking the country with permanent settlers, by whose labor the capital of the Company shall be made to yield its increase, and by whose fixed interest in the soil the welfare of all shall be promoted.

Sir, it has not the honor of being an Abolition Society, or of numbering Abolitionists among its officers. Its President [87] is a retired citizen, of ample means and charitable life, who has taken no part in the conflicts with Slavery, and never allowed his sympathies to be felt by Abolitionists. One of its Vice-Presidents is a gentleman from Virginia, [88] with family and friends there, who has always opposed the Abolitionists. Its generous Treasurer, [89] now justly absorbed by the objects of the Company, has always been understood as ranging with 200 his extensive connections, by blood and marriage, on the side of that quietism which submits to all the tyranny of the Slave Power. Its Directors are more conspicuous for wealth and science than for any activity against Slavery. Among these is an eminent lawyer of Massachusetts, Mr. Chapman, [90] —personally known, doubtless, to some who hear me,—who has distinguished himself by an austere conservatism, too natural to the atmosphere of courts, which does not flinch even from the support of the Fugitive Slave Bill. In a recent address at a public meeting in Springfield, this gentleman thus speaks for himself and his associates:—

The acts of the Company have been such as might be 201 expected from auspices thus severely careful at all points. The secret through which, with small means, it has been able to accomplish so much is, that, as inducement to emigration, it goes forward and plants capital in advance of population . According to the old immethodical system, this rule is reversed, and population is left to grope blindly, without the advantage of fixed centres, with mills, schools, and churches,—all calculated to soften the hardships of pioneer life,—such as are established beforehand in Kansas. Here, Sir, is the secret of the Emigrant Aid Company. By this single principle, which is now practically applied for the first time in history, and which has the simplicity of genius, a business association at a distance, without large capital, has become the beneficent instrument of civilization, exercising the functions of various societies, and being in itself Missionary Society, Bible Society, Tract Society, Education Society, and Society for the Diffusion of the Mechanic Arts. I would not claim too much for this Company; but I doubt if at this moment there is any society so completely philanthropic; and since its leading idea, like the light of a candle from which other candles are lighted without number, may be applied indefinitely, it promises to be an important aid to Human Progress. The lesson it teaches cannot be forgotten; and hereafter, wherever unsettled lands exist, intelligent capital will lead the way, anticipating the wants of the pioneer,—nay, doing the very work of the original pioneer,—while, amidst well-arranged harmonies, a new community arises, to become, by example, a more eloquent preacher than any solitary missionary. In subordination to this essential idea is its humbler machinery for the aid of emigrants on their way, by 202 combining parties, so that friends and neighbors journey together,—by purchasing tickets at wholesale, and furnishing them to individuals at actual cost,—by providing for each party a conductor familiar with the road, and, through these simple means, promoting the economy, safety, and comfort of the expedition. The number of emigrants it has directly aided, even thus slightly, in their journey, is infinitely exaggerated. From the beginning of its operations down to the close of the last autumn, all its detachments from Massachusetts contained only thirteen hundred and twelve persons.

Such is the simple tale of the Emigrant Aid Company. Sir, not even suspicion can justly touch it. But it must be made a scapegoat. This is the decree which has gone forth. I was hardly surprised at this outrage, when it proceeded from the President, for, like Macbeth, he is “stepped in so far,” that “returning were as tedious as go o’er”; but I did not expect it from the Senator from Missouri [Mr. Geyer ], whom I have learned to respect for the general moderation of his views, and the name he has won in an honorable profession. Listening to him, I was saddened by the spectacle of the extent to which Slavery will sway a candid mind to do injustice. Were any other interest in question, that Senator would scorn to join in impeachment of such an association. His instincts, as lawyer, as man of honor, and as Senator, would forbid; but the Slave Power, in enforcing its behests, allows no hesitation, and the Senator surrenders.

In this vindication I content myself with a statement of facts, rather than an argument. It might be urged that Missouri organized a propagandist emigration long before any from Massachusetts, and you might be remind 203 ed of the wolf in the fable, which complained of the lamb for disturbing the waters, when in fact the alleged offender was lower down the stream. It might be urged also that South Carolina lately entered upon a similar system,—while one of her chieftains, in rallying recruits, has unconsciously attested the cause in which he was engaged, by exclaiming, in the words of Satan, addressed to his wicked forces,—

But the occasion needs no such defences. I put them aside. Not on the example of Missouri or the example of South Carolina, but on inherent rights, which no man, whether Senator or President, can justly assail, do I plant this impregnable justification. It will not do, in specious phrase, to allege the right of every State to be free in domestic policy from foreign interference, and then to assume such wrongful interference by this Company. By the law and Constitution we stand or fall; and that law and Constitution we have in no respect offended.

To cloak the overthrow of all law in Kansas, an assumption is now set up which utterly denies one of the plainest rights of the people everywhere. Sir, I beg Senators to understand that this is a government of laws, and that, under these laws, the people have an incontestable right to settle any portion of our broad territory, and, if they choose, to propagate any opinions there not forbidden by the laws. If this be not so, pray, Sir, by what title is the Senator from Illino 204 is, who is an emigrant from Vermont, [92] propagating his disastrous opinions in another State? Surely he has no monopoly of this right. Others may do what he is doing; nor can the right be in any way restricted. It is as broad as the people; nor does it matter whether they go in numbers small or great, with assistance or without assistance, under the auspices of societies or not under such auspices. If this be not so, then by what title are so many foreigners annually naturalized, under Democratic auspices, in order to secure votes for misnamed Democratic principles? And if capital as well as combination cannot be employed, by what title do venerable associations exist, of ampler means and longer duration than any Emigrant Aid Company, around which cluster the regard and confidence of the country,—the Tract Society, a powerful corporation, which scatters its publications freely in every corner of the land,—the Bible Society, an incorporated body, with large resources, which seeks to carry the Book of Life alike into Territories and States,—the Missionary Society, also an incorporated body, with large resources, which sends its agents everywhere, at home and in foreign lands? By what title do all these exist? Nay, Sir, by what title does an Insurance Company in New York send its agent to open an office in New Orleans? and by what title does Massachusetts capital contribute to the Hannibal and St. Joseph Railroad in Missouri, and also to the copper mines of Michigan? The Senator inveighs against the Native American party; but his own principle is narrower than any attributed to them. They object to the influence of emigrants from abroad: he objects to the influence of American citizens at home, when exerted in States or 205 Territories where they were not born. The whole assumption is too audacious for respectful argument. But since a great right is denied, the children of the Free States, over whose cradles has shone the North Star, owe it to themselves, to their ancestors, and to Freedom itself, that this right shall now be asserted to the fullest extent. By the blessing of God, and under the continued protection of the laws, they will go to Kansas, there to plant homes, in the hope of elevating this Territory soon into the sisterhood of Free States; and to such end they will not hesitate in the employment of all legitimate means, whether by companies of men or contributions of money, to swell a virtuous emigration, and they will justly scout any attempt to question this unquestionable right. Sir, if they fail to do this, they will be fit only for slaves themselves.

God be praised, Massachusetts, honored Commonwealth, that gives me the privilege to plead for Kansas on this floor, knows her rights, and will maintain them firmly to the end. This is not the first time in history that her public acts have been impeached and her public men exposed to contumely. Thus was it in the olden time, when she began the great battle whose fruits you all enjoy. But never yet has she occupied a position so lofty as at this hour. By the intelligence of her population, by the resources of her industry, by her commerce, cleaving every wave, by her manufactures, various as human skill, by her institutions of education, various as human knowledge, by her institutions of benevolence, various as human suffering, by the pages of her scholars and historians, by the voices of her poets and orators, she is now exerting an influence more subtile and commanding than ever before,—shooting her 206 far-darting rays wherever ignorance, wretchedness, or wrong prevails, and flashing light even upon those who travel far to persecute her. Such is Massachusetts; and I am proud to believe that you may as well attempt with puny arm to topple down the earth-rooted, heaven-kissing granite which crowns the historic sod of Bunker Hill as to change her fixed resolve for Freedom everywhere, and especially now for Freedom in Kansas. I exult, too, that in this battle, which in moral grandeur surpasses far the whole war of the Revolution, she is able to preserve her just eminence. To the first she contributed troops in larger numbers than any other State, and larger than all the Slave States together; and now to the second, which is not of contending armies, but of contending opinions, on whose issue hangs trembling the advancing civilization of the age, she contributes, through the manifold and endless intellectual activity of her children, more of that divine spark by which opinions are quickened into life than is contributed by any other State, or by all the Slave States together, while her annual productive industry exceeds in value three times the whole vaunted cotton crop of the whole South.

Sir, to men on earth it belongs only to deserve success, not to secure it; and I know not how soon the efforts of Massachusetts will wear the crown of triumph. But it cannot be that she acts wrong for herself or her children, when in this cause she encounters reproach. No: by the generous souls once exposed at Lexington,—by those who stood arrayed at Bunker Hill,—by the many from her bosom who, on all the fields of the first great struggle, lent their vigorous arms to the cause of all,—by the children she has borne, whose names alone are 207 national trophies, is Massachusetts now vowed irrevocably to this work. What belongs to the faithful servant she will do in all things, and Providence shall determine the result. [93]

And here ends what I have to say of the four Apologies for the Crime against Kansas. [94]

III.

From this ample survey, where one obstruction after another has been removed, I now pass, in the third place, to the consideration of the remedies proposed , ending with the True Remedy .

The Remedy should be coextensive with the original Wrong; and since, by the passage of the Nebraska Bill, not only Kansas, but also Nebraska, Minnesota, Washington, and even Oregon, are opened to Slavery, the original Prohibition should be restored to its full activity throughout these various Territories. By such happy restoration, made in good faith, the whole country would be replaced in the condition it enjoyed before the introduction of that dishonest measure. Here is the Alpha and the Omega of our aim in this immediate controversy. But no such extensive measure is now in question. 208 The Crime against Kansas is special, and all else is absorbed in the special remedies for it. Of these I shall now speak.

As the Apologies were fourfold, so are the proposed Remedies fourfold; and they range themselves in natural order, under designations which so truly disclose their character as even to supersede argument. First, we have the Remedy of Tyranny ; next, the Remedy of Folly ; next, the Remedy of Injustice and Civil War ; and, fourthly, the Remedy of Justice and Peace . There are the four caskets; and you are to determine which shall be opened by Senatorial votes.

There is the Remedy of Tyranny , which, like its complement, the Apology of Tyranny,—though espoused on this floor, especially by the Senator from Illinois,—proceeds from the President, and is embodied in a special message. It proposes enforced obedience to the existing laws of Kansas, “whether Federal or local ,” when, in fact, Kansas has no “local” laws, except those imposed by the Usurpation from Missouri, and it calls for additional appropriations to complete this work of tyranny.

I shall not follow the President in his elaborate endeavor to prejudge the contested election now pending in the House of Representatives; for this whole matter belongs to the privileges of that body, and neither the President nor the Senate has a right to intermeddle therewith. I do not touch it. But now, while dismissing it, I should not pardon myself, if I failed to add, that any person who founds his claim to a seat in Congress on the pretended votes of hirelings from another State, with no home on the soil of Kansas, plays the part of Anacharsis Clootz, who, at the bar of the French Conv 209 ention, undertook to represent nations that knew him not, or, if they knew him, scorned him, with this difference, that in our American case the excessive farce of the transaction cannot cover its tragedy. But all this I put aside, to deal only with what is legitimately before the Senate.

I expose simply the tyranny which upholds the existing Usurpation, and asks for additional appropriations. Let it be judged by example from which in this country there can be no appeal. Here is the speech of George the Third, made from his throne to Parliament, in response to the complaints of the Province of Massachusetts Bay, which, though smarting under laws passed by usurped power, had yet avoided all armed opposition, while Lexington and Bunker Hill still slumbered in rural solitude, unconscious of the historic kindred they were soon to claim. Instead of Massachusetts Bay, in the royal speech, substitute Kansas, and the message of the President will be found fresh on the lips of the British King. Listen now to the words, which, in opening Parliament, 30th November, 1774, his Majesty, according to the official report, was pleased to speak.

The King complained of a “daring spirit of resistance and disobedience to the law”: so also does the President. The King adds, that it has “broke forth in fresh violences of a very criminal nature”: so also does the President. The King declares that these proceedings have been “countenanced and encouraged in other of my Colonies”: even so the President declares that Kansas has found sympathy in “remote States.” The King inveighs against “unwarrantable attempts” and “unlawful combinations”: even so inveighs the President. The King proclaims that he has taken the necessary steps “for carrying into execution the laws,” passed in defiance of the constitutional rights of the Colonies: even so the President proclaims that he shall “exert the whole power of the Federal Executive” to support the Usurpation in Kansas. The parallel is complete. The Message, if not copied from the Speech of the King, has been fashioned on the same original block, and must be dismissed to the same limbo. I dismiss its tyrannical assumptions in favor of the Usurpation. I dismiss also its petition for additional appropriations, in the affected desire to maintain order in Kansas. It is not money or troops that you need there, but simply the good-will of the President. That is all, absolutely. Let his complicity with the Crime cease, and peace will be restored. For myself, I will not consent to wad the national artillery with fresh appropriation bills, whe 211 n its murderous hail is to be directed against the constitutional rights of my fellow-citizens.

Next comes the Remedy of Folly , which, indeed, is also a Remedy of Tyranny; but its Folly is so surpassing as to eclipse even its Tyranny. It does not proceed from the President. With this proposition he is not in any way chargeable. It comes from the Senator from South Carolina, who, at the close of a long speech, offered it as his single contribution to the adjustment of this question, and who thus far stands alone in its support. It might, therefore, fitly bear his name; but that which I now give to it is a more suggestive synonym.

This proposition, nakedly expressed, is, that the people of Kansas should be deprived of their arms. That I may not do the least injustice to the Senator, I quote his precise words.

Really, Sir, has it come to this? The rifle has ever been the companion of the pioneer, and, under God, his tutelary protector against the red man and the beast of the forest. Never was this efficient weapon more needed in just self-defence than now in Kansas; and 212 at least one article in our National Constitution must be blotted out before the complete right to it can be in any way impeached. And yet such is the madness of the hour, that, in defiance of the solemn guaranty in the Amendments to the Constitution, that “the right of the people to keep and bear arms shall not be infringed,” the people of Kansas are arraigned for keeping and bearing arms, and the Senator from South Carolina has the face to say openly on this floor that they should be disarmed,—of course that the fanatics of Slavery, his allies and constituents, may meet no impediment. Sir, the Senator is venerable with years; he is reputed also to have worn at home, in the State he represents, judicial honors; and he is placed here at the head of an important Committee occupied particularly with questions of law; but neither his years, nor his position, past or present, can give respectability to the demand he makes, or save him from indignant condemnation, when, to compass the wretched purposes of a wretched cause, he thus proposes to trample on one of the plainest provisions of Constitutional Liberty.

Next comes the Remedy of Injustice and Civil War ,—organized by Acts of Congress. This proposition, which is also an offshoot of the original Remedy of Tyranny, proceeds from the Senator from Illinois [Mr. Douglas ], with the sanction of the Committee on Territories, and is embodied in the bill now pressed to a vote.

By this bill it is proposed as follows:—

Now, Sir, consider these words carefully, and you will see, that, however plausible and velvet-pawed they may seem, yet in reality they are most unjust and cruel. While affecting to initiate honest proceedings for the formation of a State, they furnish to this Territory no redress for the Crime under which it suffers; nay, they recognize the very Usurpation in which the Crime ends, and proceed to endow it with new prerogatives. It is by authority of the Legislature that the census is to be taken, which is the first step in the work. It is also by authority of the Legislature that a Convention is to be called for the formation of a Constitution, which is the second step. But the Legislature is not obliged to take either of these steps. To its absolute wilfulness is it left to act or not to act in the premises. And since, in the ordinary course of business, there can be no action of the Legislature till January of the next year, all these steps, which are preliminary in character, are postponed till after that distant day,—thus keeping this great question open, to distract and irritate the country. Clearly this is not what is required. The country de 214 sires peace at once, and is determined to have it. But this objection is slight by the side of the glaring tyranny, that, in recognizing the Legislature, and conferring upon it these new powers, the bill recognizes the existing Usurpation, not only as the authentic government of the Territory for the time being, but also as possessing a creative power to reproduce itself in the new State. Pass this bill, and you enlist Congress in the conspiracy, not only to keep the people of Kansas in their present subjugation throughout their Territorial existence, but also to protract this subjugation into their existence as a State, while you legalize and perpetuate the very force by which Slavery is already planted there.

I know that there is another deceptive clause which seems to throw certain safeguards around the election of delegates to the Convention, when that Convention shall be ordered by the Legislature ; but out of this very clause do I draw judgment against the Usurpation which the bill recognizes. It provides that the tests, coupled with the electoral franchise, shall not prevail in the election of delegates, and thus impliedly condemns them. But if they are not to prevail on this occasion, why are they permitted at the election of the Legislature? If they are unjust in the one case, they are unjust in the other. If annulled at the election of delegates, they should be annulled at the election of the Legislature; whereas the bill of the Senator leaves all these offensive tests in full activity at the election of the very Legislature out of which this whole proceeding is to come , and it leaves the polls at both elections in the control of the officers appointed by the Usurpation. Consider well the facts. By existing statute establishing the Fugitive 215 Slave Bill as a shibboleth, a large portion of honest citizens are excluded from voting for the Legislature, while, by another statute, all who present themselves with a fee of one dollar, whether from Missouri or not, and who can pronounce this shibboleth, are entitled to vote. And it is a Legislature thus chosen, under the auspices of officers appointed by the Usurpation, that you now propose to invest with parental powers to rear the Territory into a State. You recognize and confirm the Usurpation which you ought to annul without delay. You put the infant State, now preparing to take a place in our sisterhood, to suckle the wolf which you ought at once to kill. The marvellous story of Baron Munchausen is verified. The wolf which thrust itself into the harness of the horse it had devoured, and then whirled the sledge according to mere brutal bent, is recognized by this bill, and kept in its usurped place, when the safety of all requires that it should be shot.

In characterizing this bill as the Remedy of Injustice and Civil War , I give it a plain, self-evident title. It is a continuation of the Crime against Kansas, and as such deserves the same condemnation. It can be defended only by those who defend the Crime. Sir, you cannot expect that the people of Kansas will submit to the Usurpation which this bill sets up and bids them bow before, as the Austrian tyrant set up the ducal hat in the Swiss market-place. If you madly persevere, Kansas will not be without her William Tell, who will refuse at all hazards to recognize the tyrannical edict; and this will be the beginning of civil war.

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Next, and lastly, comes the Remedy of Justice and Peace , proposed by the Senator from New York [Mr. Seward ], and embodied in his bill for the immediate admission of Kansas as a State of this Union, now pending as a substitute for the bill of the Senator from Illinois. This is sustained by the prayer of the people of the Territory, setting forth a Constitution formed by spontaneous movement, in which all there had opportunity to participate, without distinction of party. Rarely is any proposition presented so simple in character, so entirely practicable, so absolutely within your power, and promising at once such beneficent results. In its adoption, the Crime against Kansas will be all happily absolved, the Usurpation it established peacefully suppressed, and order permanently secured. By a joyful metamorphosis this fair Territory may be saved from outrage.

In offering this proposition, the Senator from New York has entitled himself to the gratitude of the country. Throughout a life of unsurpassed industry and of eminent ability, he has done much for Freedom, which the world will not let die; but than this he has done nothing more opportune, and he has uttered no words more effective than the speech, so masterly and ingenious, by which he vindicated it.

Kansas now presents herself for admission with a Constitution republican in form. And, independently of the great necessity of the case, three considerations of fact concur in commending her. First, she thus testifies 217 her willingness to relieve the National Government of the considerable pecuniary responsibility to which it is now exposed on account of the pretended Territorial Government. Secondly, by her recent conduct, particularly in repelling the invasion on the Wakarusa, she has evinced an ability to defend her government. And, thirdly, by the pecuniary credit she now enjoys, she shows undoubted ability to support it. What can stand in her way?

The power of Congress to admit Kansas at once is explicit. It is found in a single clause of the Constitution, which, taken by itself, without any qualification applicable to the present case, and without doubtful words, requires no commentary. Here it is.

New States MAY be admitted. Out of that little word may comes the power, broadly and fully, without any limitation founded on population or preliminary forms, provided the State is not within the jurisdiction of another State, nor formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States. Kansas is not within the legal jurisdiction of another State, although the laws of Missouri are tyrannically extended over her; nor is Kansas formed by the junction of two or more States; and therefore Kansas may be admitted by Congr 218 ess into the Union, without regard to population or preliminary forms. You cannot deny the power, without obliterating this clause. The Senator from New York was right in rejecting all appeal to precedents as entirely irrelevant; for the power invoked is clear and express in the Constitution, which is above all precedent. But since precedent is enlisted, let us look at precedent.

It is objected that the population of Kansas is not sufficient for a State; and this objection is sustained by under-reckoning the numbers there, and exaggerating the numbers required by precedent. In the absence of any recent census, it is impossible to do more than approximate to the actual population; but, from careful inquiry of the best sources, I am led to place it now at 50,000, though I observe that a prudent authority, the “Boston Daily Advertiser,” puts it as high as 60,000; and while I speak, this remarkable population, fed by fresh emigration, is outstripping even these calculations. Nor can there be doubt, that, before the assent of Congress can be perfected in the ordinary course of legislation, this population will swell to the large number of 93,420, required in the bill of the Senator from Illinois. But, in making this number the condition of the admission of Kansas, you set up an extraordinary standard. There is nothing out of which it can be derived, from the beginning to the end of the precedents. Going back to the days of the Continental Congress, you find that in 1784 it was declared that 20,000 free inhabitants in a Territory might “establish a permanent Constitution and Government for themselves”; [99] and though this number was afterwards, in the Ordinance of 1787 for the Northwestern Territory, raised to 60,000, yet t 219 he power was left in Congress, and subsequently exercised in more than one instance, to constitute a State with a smaller number. Out of all the new States, only Maine, Wisconsin, and Texas contained, at the time of admission into the Union, so large a population as is required in Kansas,—while no less than fifteen new States have been admitted with a smaller population, as will appear by the following list, which is the result of research, showing the number of “free inhabitants” in these States at the date of the proceedings which ended in their admission.

But this is not all. At the adoption of the National Constitution there were three of the old Thirteen whose respective populations did not reach the amount now required of Kansas: these were Delaware, with only 50,209 free inhabitants; Rhode Island, with only 68,158 free inhabitants; and Georgia, with only 53,284 free inhabitants. And even while I speak, there are at least three States, with Senators on this floor, which, according to the last census, do not contain the population now required of Kansas: I refer to California, with only 92,597 free inhabitants; Delaware, with only 89,242 free inhabitants; and Florida, with only 48,135 free inhabitants. So much for precedents of population.

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In sustaining this objection, it is not uncommon to abandon the strict rule of numerical precedent, and to allege that the population required in a new State has always been, in point of fact, above the existing ratio of representation for a member of the House of Representatives. But this is not true; for no less than three States, Mississippi, Arkansas, and Florida, being all Slave States, were admitted with a free population below this ratio. So much, again, for precedents. But even if this coincidence were complete, it would be impossible to press it into binding precedent. The rule seems reasonable, and in ordinary cases would not be questioned; but it cannot be drawn or implied from the Constitution. Besides, this ratio is in itself a sliding scale. At first it was 30,000, increased in 1793 to 33,000, and thus continued till 1813, when it was put at 35,000. In 1823 it was 40,000; in 1833 it was 47,700; in 1843 it was 70,680; and now it is 93,420. If any ratio is to be made the foundation of binding rule, it should be that which prevailed at the adoption of the Constitution,—or at least that which prevailed when Kansas, as part of Louisiana, was acquired from France, under solemn stipulation that it should “be incorporated in the Union of the United States, and admitted as soon as possible , according to the principles of the Federal Constitution.” But this whole objection is met by the memorial of the people of Florida, which, if good for that State, is also good for Kansas. Here is a passage.

Thus, Sir, do the people of Florida plead for the people of Kansas.

Distrusting the objection from inadequacy of population, 222 it is said that the proceedings for the formation of a new State are fatally defective in form . It is not asserted that a previous enabling Act of Congress is indispensable; for there are notorious precedents the other way: among which are Kentucky, in 1791; Tennessee, in 1796; Maine, in 1820; and Arkansas and Michigan, in 1836. But it is urged that in no instance has a State been admitted whose Constitution was formed without such enabling Act, or without authority of the Territorial Legislature. This is not true; for California came into the Union with a Constitution formed not only without any previous enabling Act, but also without any sanction from a Territorial Legislature. The proceedings which ended in this Constitution were initiated by the military Governor there, acting under the exigency of the hour. This instance may not be identical in all respects with that of Kansas; but it displaces completely one of the assumptions which Kansas now encounters, and it completely shows the disposition to relax all rule, under the exigency of the occasion, in order to do substantial justice.

There is a memorable instance, which contains in itself every element of irregularity which you denounce in the proceedings of Kansas. Michigan, now cherished with such pride as a sister State, achieved admission into the Union in persistent defiance of all rule. Do you ask for precedents? Here is a precedent for the largest latitude, which you who profess deference to precedent cannot disown. Mark now the stages of this case. The first proceedings of Michigan were without any previous enabling Act of Congress; and she presented herself at your door with a Constitution thus formed, and with Senators chosen under that C 223 onstitution, precisely as Kansas does. This was in December, 1835, while Andrew Jackson was President. The leaders of the Democracy at that time scouted all objection for alleged defects of form, employing language strictly applicable to Kansas. There is nothing new under the sun; and the very objection of the President, that the application of Kansas proceeds from “persons acting against authorities duly constituted by Act of Congress,” [102] was hurled against the application of Michigan, in debate on this floor. This was the language of Mr. Hendricks, of Indiana:—

To this impeachment Mr. Benton replied in these effective words:—

Mr. Buchanan vied with Mr. Benton in vindicating 224 the new State.

After an animated contest in the Senate, the bill for the admission of Michigan, on her assent to certain conditions , was passed, by 23 yeas to 8 nays. You find weight, as well as numbers, on the side of the new State. Among the yeas were Thomas H. Benton, of Missouri, James Buchanan, of Pennsylvania, Silas Wright, of New York, and William R. King, of Alabama. [107] Subsequently, on motion of Mr. Buchanan, the gentlemen sent as Senators and Representative by the new State received the regular compensation for attendance throughout the very session in which their seats had been so acrimoniously contested. [108]

In the House of Representatives the application was equally successful. The Committee on the Judiciary, in an elaborate report, reviewed the objections, an 225 d, among other things, said:—

The House sustained this view by a vote of 153 yeas to 45 nays. In this large majority, by which the title of Michigan was then recognized, will be found the name of Franklin Pierce, at that time a Representative from New Hampshire.

But the case was not ended. The fiercest trial and the greatest irregularity remained. The Act providing for the admission of the new State contained a modification of its boundaries, and proceeded to require, as a fundamental condition , that these should “receive the assent of a Convention of delegates elected by the people of the said State, for the sole purpose of giving the assent herein required.” [110] Such a Convention, duly elected under call from the Legislature, met in pursuance of law, and, after consideration, declined to come into the Union on the condition proposed. The action of this Convention was not universally satisfactory; and in order to effect admission into the Union, another Convention was called, professedly by the people in their sovereign capacity, without authority from State or Territorial Legislature,—nay, Sir, borrowing the language of the present President, “against authorities duly constituted by Act of Congress,” 226 at least as much as the recent Convention in Kansas. The irregularity of this Convention was increased by the circumstance that two of the oldest counties of the State, comprising a population of some 25,000 souls, refused to take part in it, even to the extent of not opening the polls for the election of delegates, claiming that it was held without warrant of law, and in defiance of the legal Convention. This popular Convention, though wanting popular support coextensive with the State, yet proceeded, by formal act, to give the assent of the people of Michigan to the fundamental condition proposed by Congress.

The proceedings of the two Conventions were transmitted to President Jackson, who, by message, 27th December, 1836, laid them both before Congress, indicating very clearly his desire to ascertain the will of the people, without regard to form. The origin of the popular Convention he thus describes:—

And the President then declares, that, had these proceedings come to him during the recess of Congress, he should have felt it his duty, on being satisfied that they emanated from a Convention of delegates elected in point of fact by the People of the State , to issue his proclamation for the admission of the State.

The Committee on the Judiciary in the Senate, of which Felix Grundy was Chairman, after inquiry, 227 recognized the competency of the popular Convention, as “elected by the People of the State of Michigan,” and reported a bill, responsive to their acceptance of the proposed condition, for the admission of the State without further terms. [112] Then, Sir, appeared the very objections now directed against Kansas. It was complained, that the movement for immediate admission was the work of “a minority,” and that “a great majority of the State feel otherwise.” [113] And a leading Senator, of great ability and integrity, Mr. Ewing, of Ohio, broke forth in catechism which would do for the present hour. He exclaimed:—

And the same able Senator, on another occasion, after exposing the imperfect evidence with regard to the action of the Convention, existing only in letters and in an article from a Detroit newspaper, again exclaimed:—

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It was Mr. Calhoun, however, who pressed the opposition with the most persevering intensity. In his sight, the admission of Michigan, under the circumstances, “would be the most monstrous proceeding under our Constitution, that can be conceived, the most repugnant to its principles and dangerous in its consequences.” [116] “There is not,” he exclaimed, “one particle of official evidence before us. We have nothing but the private letters of individuals, who do not know even the numbers that voted on either occasion. They know nothing of the qualifications of voters, nor how their votes were received, nor by whom counted.” [117] And he proceeded to characterize the popular Convention as “not only a party caucus, for party purpose, but a criminal meeting,—a meeting to subvert the authority of the State, and to assume its sovereignty,”—adding, that “the actors in that meeting might be indicted, tried, and punished.” [118] And he expressed astonishment that “a self-created meeting, convened for a criminal object, had dared to present to this Government an act of theirs, and to expect that we are to receive this irregular and criminal act, as a fulfilment of the condition which we had prescribed for the admission of the State.” [119] No stronger words are employed against Kansas.

The single question on which all the proceedings 229 then hinged, and which is as pertinent in the case of Kansas as in the case of Michigan, was thus put by Mr. Morris, of Ohio: “ Will Congress recognize as valid, constitutional, and obligatory, without the color of a law of Michigan to sustain it, an act done by the People of that State in their primary assemblies, and acknowledge that act as obligatory on the constituted authorities and Legislature of the State? ” [120] This question, thus distinctly presented, was answered in debate by able Senators, among whom were Mr. Benton and Mr. King. There was one person, who has since enjoyed much public confidence, and left many memorials of an industrious career in the Senate and in diplomatic life, James Buchanan, who rendered himself conspicuous by the ability and ardor with which, against all assault, he upheld the cause of the popular Convention, which was so strongly denounced, and the entire conformity of its proceedings with the genius of American Institutions. His speeches on that occasion contain an unanswerable argument at all points, mutato nomine , for the immediate admission of Kansas under her present Constitution; nor is there anything by which he is now distinguished that will redound so truly to his fame, if he only continues true to them. The question was emphatically answered in the Senate by the final vote on the passage of the bill, where we find 25 yeas to only 10 nays. In the House of Representatives, after debate, the question was answered in the same way, by a vote, on ordering the bill to a third reading, of 140 yeas to 57 nays; and among the yeas is again the name of Franklin Pierce , a Representative from New Hampshire.

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Thus, in that day, by triumphant votes, did the cause of Kansas prevail in the name of Michigan. A popular Convention, called absolutely without authority, and containing delegates from a portion only of the population,—called, too, in opposition to constituted authorities, and in derogation of another Convention assembled under forms of law,—stigmatized as a caucus and a criminal meeting, whose authors were liable to indictment, trial, and punishment,—was, after ample debate, recognized by Congress as valid; and Michigan now holds her place in the Union, and her Senators sit on this floor, by virtue of that act. Sir, if Michigan is legitimate, Kansas cannot be illegitimate. You bastardize Michigan, when you refuse to recognize Kansas.

But this is not all. The precedent is still more clinching. Thus far I have followed exclusively the public documents laid before Congress, and illustrated by the debates of that body; but well-authenticated facts, not of record here, make the case stronger still. It is sometimes said that the proceedings in Kansas are defective because they originated in a party. This is not true; but even if it were true, yet would they find support in the example of Michigan, where all the proceedings, stretching through successive years, began and ended in party. The proposed State Government was pressed by the Democrats as a party test ; and all who did not embark in it were denounced. Of the Legislative Council which called the first Constitutional Convention in 1835, all were Democrats; and in the Convention itself, composed of eighty-seven members, only seven were Whigs. The Convention of 1836 which gave the final assent originated in a Democratic Convention, on the 29th of October, in 231 the County of Wayne, composed of one hundred and twenty-four delegates, all Democrats, who proceeded to resolve:—

Shortly afterwards, a committee of five, appointed by this Convention, all leading Democrats, issued a circular, “under the authority of the delegates of the County of Wayne,” recommending that the voters throughout Michigan should meet and elect delegates to a Convention to give the necessary assent to the Act of Congress. In pursuance of this call, the Convention met; and as it originated in an exclusively party recommendation, so it was of an exclusively party character. And it was the action of this Convention that was submitted to Congress, and, after discussion in both bodies, on solemn votes, approved.

The precedent of Michigan has another feature, which is entitled to gravest attention, especially at this moment, when citizens exerting themselves to establish a State Government in Kansas are openly arrested on the charge of treason, and we are startled by tidings of maddest efforts to press this procedure of preposterous Tyranny. No such madness prevailed under Andrew Jackson,—although, during the long pendency of 232 the Michigan proceedings, for more than fourteen months, the Territorial Government was entirely ousted, and the State Government organized in all its departments. One hundred and thirty-seven different legislative acts and resolutions were passed, providing for elections, imposing taxes, erecting corporations, and organizing courts of justice, including a Supreme Court and a Court of Chancery. All process was issued in the name of the People of the State of Michigan. And yet no attempt was made to question the legal validity of these proceedings, whether legislative or judicial. Least of all did any menial Governor, “dressed in a little brief authority,” play the fantastic tricks now witnessed in Kansas; nor did any person wearing the robes of justice shock high Heaven with the mockery of injustice now enacted by emissaries of the President in that Territory. No, Sir: nothing of this kind then occurred. Andrew Jackson was President.

Again I say, do you require a precedent? I give it. But I will not stake this cause on any precedent. I plant it firmly on the fundamental principle of American Institutions, as embodied in the Declaration of Independence, by which government is recognized as deriving its just powers only from the consent of the governed , who may alter or abolish it, when it becomes destructive of their rights. In the debate on the Nebraska Bill, at the overthrow of the Prohibition of Slavery, the Declaration of Independence was denounced as “a self-evident lie.” It is only by similar effrontery that the fundamental principle which sustains the proceedings in Kansas can be assailed. Nay, more: you must disown the Declaration of Independence, and adopt the Circular of the Holy Alliance, which d 233 eclares that “useful or necessary changes in legislation and in the administration of states ought to emanate only from the free will and the deliberate and enlightened impulse of those whom God, has rendered responsible for power .” [121] Face to face I put the principle of the Declaration of Independence and the principle of the Holy Alliance, and bid them grapple. “The one places the remedy in the hands which feel the disorder; the other places the remedy in those hands which cause the disorder”; and when I thus truthfully characterize them, I but adopt a sententious phrase from the Debates in the Virginia Convention on the adoption of the National Constitution. [122] And now these two principles, embodied in the rival propositions of the Senator from New York and the Senator from Illinois, must grapple on this floor.

Statesmen and judges, publicists and authors, with names of authority in American history, espouse and vindicate the American principle. Hand in hand they now stand around Kansas, and feel this new State lean on them for support. I content myself with adducing two only, both from slaveholding Virginia, in days when Human Rights were not without support in that State. Listen to the language of St. George Tucker, the distinguished commentator upon Blackstone, uttered from the bench in a judicial opinion.

Listen also to the language of James Madison:—

Proceedings thus sustained I am unwilling to call revolutionary , although this term has the sanction of the Senator from New York. They are founded on unquestionable American right, declared with Independence, confirmed by the blood of the Fathers, and expounded by patriots, which cannot be impeached without impairing the liberties of all. On this head the language of Mr. Buchanan, in reply to Mr. Calhoun, is explicit.

Surely, Sir, if ever there was occasion for the exercise of this right, the time had come in Kansas. The people there were subjugated by a horde of foreign invaders, and brought under a tyrannical code of revolting barbarity, while among them property and life were exposed to shameless assaults which flaunted at noonday, and to reptile abuses which crawled in the darkness of night. Self-defence is the first law of Nature ; and unless this law is temporarily silenced, as all other law is silenced there, you cannot condemn the proceedings in Kansas. Here, Sir, is unquestionable authority, in itself an overwhelming law , which belongs to all countries and times,—which is the same in Kansas as at Athens and Rome,—which is now, and will be hereafter, as it was in other days,—in presence of which Acts of Congress and Constitutions are powerless as the voice of man against the thunder which rolls through the sky,—which declares itself coëval with life,—whose very breath is life itself; and now, in the last resort, do I place all these proceedings under this supreme safeguard, which you will assail in vain. Any opposition must 236 be founded on absolute perversion of facts, or perversion of fundamental principles, which no speeches can uphold, though surpassing in numbers the myriad piles sunk in the mud to sustain the Dutch Stadthouse at Amsterdam.

Thus, on every ground of precedent, whether as regards population or forms of proceeding,—also, on the vital principle of American Institutions,—and, lastly, on the supreme law of self-defence, do I now invoke the power of Congress to admit Kansas at once and without hesitation into the Union. “New States may be admitted by the Congress into this Union”: such are the words of the Constitution. If you hesitate for want of precedent, then do I appeal to the great principle of American Institutions. If, forgetting the origin of the Republic, you turn away from this principle, then, in the name of human nature, trampled down and oppressed, but aroused to just self-defence, do I plead for the exercise of this power. Do not hearken, I pray you, to the propositions of Tyranny and Folly; do not be ensnared by that other proposition of the Senator from Illinois [Mr. Douglas ], where is the horrid root of Injustice and Civil War; but apply gladly, and at once, the True Remedy, where are Justice and Peace.

Mr. President, an immense space has been traversed, and I stand now at the goal. The argument in its various parts is here closed. The Crime against Kansas has been displayed in its origin and extent, beginning with the overthrow of the Prohibition of Slavery, next cropping out in conspiracy on the borders of Missouri, 237 then hardening into continuity of outrage through organized invasion and miscellaneous assaults where all security was destroyed, and ending at last in the perfect subjugation of a generous people to an unprecedented Usurpation. Turning aghast from the Crime, which, like murder, confesses itself “with most miraculous organ,” we have looked with mingled shame and indignation upon the four Apologies, whether of Tyranny, Imbecility, Absurdity, or Infamy, in which it is wrapped, marking especially false testimony, congenial with the original Crime, against the Emigrant Aid Company. Then were noted, in succession, the four Remedies, whether of Tyranny, Folly, Injustice and Civil War, or of Justice and Peace, which last bids Kansas, in conformity with past precedents and under exigencies of the hour, for redemption from Usurpation, to take her place as a State of the Union; and this is the True Remedy. If in this argument I have not unworthily vindicated Truth, then have I spoken according to my desires,—if imperfectly, then only according to my powers. But there are other things, not belonging to the argument, which still press for utterance.

Sir, the people of Kansas, bone of your bone and flesh of your flesh, with the education of freemen and the rights of American citizens, now stand at your door. Will you send them away, or bid them enter? Will you push them back to renew their struggle with a deadly foe, or will you preserve them in security and peace? Will you cast them again into the den of Tyranny, or will you help their despairing efforts to escape? These questions I put with no common solicitude, for 238 I feel that on their just determination depend all the most precious interests of the Republic; and I perceive too clearly the prejudices in the way, and the accumulating bitterness against this distant people, now claiming a simple birthright, while I am bowed with mortification, as I recognize the President of the United States, who should have been a staff to the weak and a shield to the innocent, at the head of this strange oppression.

At every stage the similitude between the wrongs of Kansas and those other wrongs against which our fathers rose becomes more apparent. Read the Declaration of Independence, and there is hardly an accusation against the British Monarch which may not now be hurled with increased force against the American President. The parallel has fearful particularity. Our fathers complained, that the King had “sent hither swarms of officers to harass our people and eat out their substance,”—that he had “combined with others to subject us to a jurisdiction foreign to our Constitution, giving his assent to their acts of pretended legislation ,”—that he had “abdicated government here, by declaring us out of his protection, and waging war against us ,”—that he had “excited domestic insurrections amongst us, and endeavored to bring on the inhabitants of our frontiers the merciless savages ,”—that “our repeated petitions have been answered only by repeated injury.” And this arraignment was aptly followed by the damning words, that “a Prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people.” And surely the President who does all these things cannot be less unfit than a Prince. At every stage the responsibility 239 is brought directly to him. His offence is of commission and omission. He has done that which he ought not to have done, and has left undone that which he ought to have done. By his activity the Prohibition of Slavery was overturned. By his failure to act the honest emigrants in Kansas are left a prey to wrong of all kinds. His activity and inactivity are alike fatal. And now he stands forth the most conspicuous enemy of that unhappy Territory.

As the tyranny of the British King is all renewed in the President, so are renewed on this floor the old indignities which embittered and fomented the troubles of our fathers. The early petition of the American Congress to Parliament, long before any suggestion of Independence, was opposed—like the petitions of Kansas—because that body “was assembled without any requisition on the part of the Supreme Power.” Another petition from New York, presented by Edmund Burke, was flatly rejected, as claiming rights derogatory to Parliament. And still another petition from Massachusetts Bay was dismissed as “vexatious and scandalous,” while the patriot philosopher who bore it was exposed to peculiar contumely. Throughout the debates our fathers were made the butt of sorry jest and supercilious assumption. And now these scenes, with these precise objections, are renewed in the American Senate.

With regret I come again upon the Senator from South Carolina [Mr. Butler ], who, omnipresent in this debate, [126] overflows with rage at the simple suggestion that Kansas has applied for admission as a State, and, 240 with incoherent phrase, discharges the loose expectoration of his speech, now upon her representative, and then upon her people. There was no extravagance of the ancient Parliamentary debate which he did not repeat; nor was there any possible deviation from truth which he did not make,—with so much of passion, I gladly add, as to save him from the suspicion of intentional aberration. But the Senator touches nothing which he does not disfigure—with error, sometimes of principle, sometimes of fact. He shows an incapacity of accuracy, whether in stating the Constitution or in stating the law, whether in details of statistics or diversions of scholarship. He cannot ope his mouth, but out there flies a blunder. Surely he ought to be familiar with the life of Franklin; and yet he referred to this household character, while acting as agent of our fathers in England, as above suspicion: and this was done that he might give point to a false contrast with the agent of Kansas, [127] —not knowing, that, however the two may differ in genius and fame, they are absolutely alike in this experience: that Franklin, when intrusted with the petition of Massachusetts Bay, was assaulted by a foul-mouthed speaker where he could not be heard in defence, and denounced as “thief,” even as the agent of Kansas is assaulted on this floor, and denounced as “forger.” And let not the vanity of the Senator be inspired by parallel with the British statesmen of that day; for it is only in hostility to Freedom that any parallel can be found.

But it is against the people of Kansas that the sensibilities of the Senator are particularly aroused. Coming, 241 as he announces, “from a State,”—ay, Sir, from South Carolina,—he turns with lordly disgust from this newly formed community, which he will not recognize even as “a member of the body politic.” [128] Pray, Sir, by what title does he indulge in this egotism? Has he read the history of the “State” which he represents? He cannot, surely, forget its shameful imbecility from Slavery, confessed throughout the Revolution, followed by its more shameful assumptions for Slavery since. He cannot forget its wretched persistence in the slave-trade, as the very apple of its eye, and the condition of its participation in the Union. He cannot forget its Constitution, which is republican only in name, confirming power in the hands of the few, and founding the qualifications of its legislators on “a settled freehold estate of five hundred acres of land and ten negroes.” [129] And yet the Senator to whom this “State” has in part committed the guardianship of its good name, instead of moving with backward-treading steps to cover its nakedness, rushes forward, in the very ecstasy of madness, to expose it, by provoking comparison with Kansas. South Carolina is old; Kansas is young. South Carolina counts by centuries, where Kansas counts by years. But a beneficent example may be born in a day; and I venture to declare, that against the two centuries of the older “State” may be set already the two years of trial, evolving corresponding virtue, in the younger community. In the one is the long wail of Slavery; in the other, the hymn of Freedom. And if we glance at special achievement, it will be difficult to fin 242 d anything in the history of South Carolina which presents so much of heroic spirit in an heroic cause as shines in that repulse of the Missouri invaders by the beleaguered town of Lawrence, where even the women gave their effective efforts to Freedom. The matrons of Rome who poured their jewels into the treasury for the public defence, the wives of Prussia who with delicate fingers clothed their defenders against French invasion, the mothers of our own Revolution who sent forth their sons covered over with prayers and blessings to combat for Human Rights, did nothing of self-sacrifice truer than did these women on this occasion. Were the whole history of South Carolina blotted out of existence, from its very beginning down to the day of the last election of the Senator to his present seat on this floor, civilization might lose—I do not say how little, but surely less than it has already gained by the example of Kansas, in that valiant struggle against oppression, and in the development of a new science of emigration. Already in Lawrence alone are newspapers and schools, including a High School,—and throughout this infant Territory there is more of educated talent, in proportion to its inhabitants, than in his vaunted “State.” Ah, Sir, I tell the Senator, that Kansas, welcomed as a Free State, “a ministering angel shall be” to the Republic, when South Carolina, in the cloak of darkness which she hugs, “lies howling.” [130]

The Senator from Illinois [Mr. Douglas ] naturally joins the Senator from South Carolina, and gives to this warfare the superior intensity of his nature. He thinks that the National Government has not completely proved its power, as it has never hanged a 243 traitor,—but, if occasion requires, he hopes there will be no hesitation; and this threat is directed at Kansas, and even at the friends of Kansas throughout the country. Again occurs a parallel with the struggles of our fathers; and I borrow the language of Patrick Henry, when, to the cry from the Senator of “Treason! treason!” I reply, “If this be treason, make the most of it.” Sir, it is easy to call names; but I beg to tell the Senator, that, if the word “traitor” is in any way applicable to those who reject a tyrannical Usurpation, whether in Kansas or elsewhere, then must some new word, of deeper color, be invented to designate those mad spirits who would endanger and degrade the Republic, while they betray all the cherished sentiments of the Fathers and the spirit of the Constitution, that Slavery may have new spread. Let the Senator proceed. Not the first time in history will a scaffold become the pedestal of honor. Out of death comes life, and the “traitor” whom he blindly executes will live immortal in the cause.

Among these hostile Senators is yet another, with all the prejudices of the Senator from South Carolina, but without his generous impulses, who, from his character before the country, and the rancor of his opposition, deserves to be named: I mean the Senator from Virginia [Mr. Mason ], who, as author of the Fugitive Slave Bill, has associated himself with a special act of 244 inhumanity and tyranny. Of him I shall say little, for he has said little in this debate, though within that little was compressed the bitterness of a life absorbed in support of Slavery. He holds the commission of Virginia; but he does not represent that early Virginia, so dear to our hearts, which gave to us the pen of Jefferson, by which the equality of men was declared, and the sword of Washington, by which Independence was secured: he represents that other Virginia, from which Washington and Jefferson avert their faces, where human beings are bred as cattle for the shambles, and a dungeon rewards the pious matron who teaches little children to relieve their bondage by reading the Book of Life. [132] It is proper that such a Senator, representing such a State, should rail against Free Kansas.

Such as these are natural enemies of Kansas, and I introduce them with reluctance, simply that the country may understand the character of the hostility to be overcome. Arrayed with them are all who unite, under any pretext or apology, in propagandism of Human Slavery. To such, indeed, time-honored safeguards of popular rights can be a name and nothing more. What are trial by jury, Habeas Corpus , ballot-box, right of petition, liberty in Kansas, your liberty, Sir, or mine, to one who lends himself, not merely to the support at home, but to propagandism abroad, of that preposterous wrong which denies even the right of a man to himself? Such a cause can be maintained only by the practical subversion of all rights. It is, therefore, merely according to reason that its partisans should uphold the Usurpation in Kansas.

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To overthrow this Usurpation is now the special, importunate duty of Congress, admitting of no hesitation or postponement. To this end must it ascend from the cabals of candidates, the machinations of party, and the low level of vulgar strife. Especially must it turn from that Slave Oligarchy now controlling the Republic, and refuse to be its tool. Let its power be stretched forth into this distant Territory, not to bind, but to release,—not for oppression of the weak, but for subversion of the tyrannical,—not for prop and maintenance of revolting Usurpation, but for confirmation of Liberty.

Let it now take stand between the living and dead, and cause this plague to be stayed. All this it can do; and if the interests of Slavery were not hostile, all this it would do at once, in reverent regard for justice, law, and order, driving far away all alarms of war; nor would it dare to brave the shame and punishment of this “Great Refusal.” [134] But the Slave Power dares anything; and it can be conquered only by the united masses of the People. From Congress to the People I appeal.

Already Public Opinion gathers unwonted forces to scourge the aggressors. In the press, in daily conversation, wherever two or three are gathered together, there the indignant utterance finds vent. And trade, by unerring indications, attests the growing energy. Public credit in Missouri droops. The six per cents of that State, which at par should be 102, have sunk to 84,—thus at once completing the evidence of Crime, and attesting its punishment. Business is now turning from the Assassins and Thugs that infest the Miss 246 ouri River, to seek some safer avenue. And this, though not unimportant in itself, is typical of greater change. The political credit of the men who uphold the Usurpation droops even more than the stocks; and the People are turning from all those through whom the Assassins and Thugs derive their disgraceful immunity.

It was said of old, “Cursed be he that removeth his neighbor’s Landmark. And all the people shall say, Amen. ” [135] “Cursed,” it is said, “in the city and in the field; cursed in basket and store; cursed when thou comest in, and cursed when thou goest out.” [136] These are terrible imprecations; but if ever any Landmark were sacred, it was that by which an immense territory was guarded forever against Slavery; and if ever such imprecations could justly descend upon any one, they must descend now upon all who, not content with the removal of this sacred Landmark, have since, with criminal complicity, fostered the incursions of the great Wrong against which it was intended to guard. But I utter no imprecations. These are not my words; nor is it my part to add to or subtract from them. But, thanks be to God! they find response in the hearts of an aroused People, making them turn from every man, whether President or Senator or Representative, engaged in this Crime,—especially from those who, cradled in free institutions, are without the apology of education or social prejudice,—until upon all such those other words of the Prophet shall be fulfilled: “I will set my face against that man, and will make him a sign and a proverb, and I will cut him off from the midst of my people.” [137] Turning thus from the authors of this Crime, 247 the People will unite once more with the Fathers of the Republic in just condemnation of Slavery, determined especially that it shall find no home in the National territories, while the Slave Power, in which the Crime had its beginning, and by which it is now sustained, will be swept into the charnel-house of defunct Tyrannies.

In this contest Kansas bravely stands forth, the stripling leader, clad in the panoply of American Institutions. Calmly meeting and adopting a frame of government, her people with intuitive promptitude perform the duties of freemen; and when I consider the difficulties by which she is beset, I find dignity in her attitude. Offering herself for admission into the Union as a Free State , she presents a single issue for the people to decide . And since the Slave Power now stakes on this issue all its ill-gotten supremacy, the People, while vindicating Kansas, will at the same time overthrow this Tyranny. Thus the contest which she begins involves Liberty not only for herself, but for the whole country. God be praised that Kansas does not bend ignobly beneath the yoke! Far away on the prairies, she is now battling for the Liberty of all, against the President, who misrepresents all. Everywhere among those not insensible to Right, the generous struggle meets a generous response. From innumerable throbbing hearts go forth the very words of encouragement which in the sorrowful days of our fathers were sent by Virginia, speaking by the pen of Richard Henry Lee, to Massachusetts, in the person of her popular tribune, Samuel Adams:—

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In all this sympathy there is strength. But in the cause itself there is angelic power. Unseen of men, the great spirits of History combat by the side of the people of Kansas, breathing divine courage. Above all towers the majestic form of Washington, once more, as on the bloody field, bidding them remember those rights of Human Nature for which the War of Independence was waged. Such a cause, thus sustained, is invincible.

The contest, which, beginning in Kansas, reaches us will be transferred soon from Congress to that broader stage, where every citizen is not only spectator, but actor; and to their judgment I confidently turn. To the People, about to exercise the electoral franchise, in choosing a Chief Magistrate of the Republic, I appeal, to vindicate the electoral franchise in Kansas. Let the ballot-box of the Union, with multitudinous might, protect the ballot-box in that Territory. Let the voters everywhere, while rejoicing in their own rights, help guard the equal rights of distant fellow-citizens, that the shrines of popular institutions, now desecrated, may be sanctified anew,—that the ballot-box, now plundered, may be restored,—and that the cry, “I am an American citizen,” shall no longer be impotent against outrage. In just regard for free labor, which you woul 249 d blast by deadly contact with slave labor,—in Christian sympathy with the slave, whom you would task and sell,—in stern condemnation of the Crime consummated on that beautiful soil,—in rescue of fellow-citizens, now subjugated to Tyrannical Usurpation,—in dutiful respect for the early Fathers, whose aspirations are ignobly thwarted,—in the name of the Constitution outraged, of the Laws trampled down, of Justice banished, of Humanity degraded, of Peace destroyed, of Freedom crushed to earth,—and in the name of the Heavenly Father, whose service is perfect Freedom, I make this last appeal.

MR. PRESIDENT,—Three Senators have spoken: one venerable in years, with whom I have had associations of personal regard longer than with anybody now within the sound of my voice,—the Senator from Michigan [Mr. Cass ]; another, the Senator from Illinois [Mr. Douglas ]; and a third, the Senator from Virginia [Mr. Mason ].

The Senator from Michigan knows well that nothing I say can have anything but kindness for him. He 251 has declared on this floor to-day that he listened with regret to my speech. I have never avowed on this floor how often, with heart brimming full of friendship for him, I have listened with regret to what has fallen from his lips. I have never said that he stood here to utter sentiments which seemed beyond all question disloyal to the character of the Fathers and to the true spirit of the Constitution; but this, with his permission, and in all kindness, I do now say to him.

The Senator proceeded very briefly and in a cursory manner to criticise my statement of the Michigan case. Sir, my statement was founded on the actual documents. No word was mine: it was all from Jackson, from Grundy, from Buchanan, from Benton, from the Democratic leaders of that day. When the Senator criticised me, his shaft did not touch me, but fell upon them. And here I leave the Senator from Michigan.

To the Senator from Illinois I should willingly yield the privilege of the common scold,—the last word; but I will not yield to him, in any discussion with me, the last argument, or the last semblance of it. He has crowned the outrage of this debate by venturing to rise here and calumniate me. He has said that I came here, took an oath to support the Constitution, and yet determined not to support a particular clause in that Constitution. To that statement I give, to his face, the flattest denial. When it was made previously on this floor by the absent Senator from South Carolina [Mr. Butler ], I then repelled it: you shall see how explicitly and completely. I read from the debate of the 28th of June, 1854, as published in the “Globe.” Here is what I answered to the Senator from South Carolina:—

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You will observe that the inquiry of the Senator was, whether I would join in returning my fellow-man to slavery? It was not, whether I would support any clause of the Constitution of the United States?—far from that. I then proceeded:—

and in which the Senator from Illinois now joins,—

I said further:—

I next proceeded to cite the memorable veto by President Jackson, in 1832, of the Bank of the United States. It will be remembered that to his course at that cr 253 itical time were opposed the authority of the Supreme Court and his oath to support the Constitution,—precisely as the Senator from Illinois now, with ignorance, or with want of logic greater than his ignorance, undertakes to revile me. Here is the triumphant reply of President Jackson:—

After this passage from General Jackson I proceeded as follows:—

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Then explaining at some length my understanding of the clause, I concluded on this point in these words:—

Yet, in the face of all this, which occurred in open debate on the floor of the Senate, which is here in the records of the country, and has been extensively circulated, quoted, discussed, criticised, the Senator from Illinois, in the swiftness of his audacity, presumes to assail me. Perhaps I had better leave that Senator without a word more; but this is not the first, or the second, or the third, or the fourth time that he has launched against me his personalities. Sir, if this be agreeable to him, I make no complaint,—though, for the sake of truth and the amenities of debate, I could wish that he had directed his assaults upon my arguments; but since he has presumed to touch me, he will not complain, if I administer to him a word of advice.

Sir, this is the Senate of the United States, an important body under the Constitution, with great powers. Its members are justly supposed, from years, to be above the intemperance of youth, and from character to be above the gusts of vulgarity. They are supposed to have something of wisdom and something of that candor which is the handmaid of wisdom. Let the Senator bear these things in mind, and remember hereafter that the bowie-knife and bludgeon are not proper emblems of senatorial debate. Let him remember that the swa 255 gger of Bob Acres and the ferocity of the Malay cannot add dignity to this body. The Senator infused into his speech the venom sweltering for months,—ay, for years; and he has alleged matters entirely without foundation, in order to heap upon me some personal obloquy. I will not descend to things which dropped so naturally from his tongue. I only brand them to his face as false. I say also to that Senator, and I wish him to bear it in mind, that no person with the upright form of man can be allowed—— [ Hesitation. ]

Mr. Sumner. I will say it,—no person with the upright form of man can be allowed, without violation of all decency, to switch out from his tongue the perpetual stench of offensive personality. Sir, that is not a proper weapon of debate, at least on this floor. The noisome, squat, and nameless animal to which I now refer is not the proper model for an American Senator. Will the Senator from Illinois take notice?

Mr. Sumner. I did not hear the Senator.

Mr. Sumner. Mr. President, again the Senator switches his tongue, and again he fills the Senate with its offensive odor. But I drop the Senator.

There was still another, the Senator from Virginia, who is now also in my eye. That Senator said nothing of argument, and therefore there is nothing of that 256 to be answered. I simply say to him that hard words are not argument, frowns are not reasons, nor do scowls belong to the proper arsenal of parliamentary debate. The Senator has not forgotten that on a former occasion I did something to exhibit the plantation manners which he displays. I will not do any more now.

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APPENDIX.

II.
ADOPTION OF THE ASSAULT BY EMINENT SLAVE-MASTERS, AND BY THE SOUTH GENERALLY.

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“WHATEVER MASSACHUSETTS CAN GIVE, LET IT ALL GO TO SUFFERING KANSAS.”

Telegraphic Despatch to Boston, June 6, 1856.

Washington , June 6, 1856.

MR. SUMNER has just learned the recommendation of Governor Gardner that the Commonwealth should assume the expense of his illness. He desires me to telegraph at once his hope that the recommendation will not be pressed. In no event can he accept the allowance proposed, and Mr. Sumner adds, “Whatever Massachusetts can give, let it all go to suffering Kansas.”

Anson Burlingame.

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REFUSAL TO RECEIVE TESTIMONIAL
IN APPROBATION OF KANSAS SPEECH.

Letter to a Committee in Boston, June 13, 1856.

Washington , June 13, 1856.

MY DEAR SIR,—The papers speak of a token planned by you, in approbation of my recent speech exposing the Crime against Kansas . Pardon me, if, in advance of any direct information, I say to you frankly that I cannot allow this flattering project 345 to proceed further.

It is enough for me that you and your generous associates approve what I said. Such sympathy and support in the cause, of which I am a humble representative, is all that I ask for myself, or am willing to accept. But the cause itself has constant claims on us all. And I trust you will not deem me too bold, if I express a desire that the contributions intended for the testimonial to me may be applied at once, and without abatement of any kind, to the recovery and security of Freedom in Kansas .

For this I spoke in the Senate, and I shall be proud to regard these contributions thus applied as my words hardened into deeds.

Believe me, my dear Sir, with much regard,

Very faithfully yours,

Charles Sumner .

Carlos Pierce , Esq.

FOOTNOTES