F^/66 'fi.19 SPEECH P 466 .R74 Copy 1 JAMES S'^'RpLLINS, OF BOONE COUFrY. DELIVERED IN JOINT SESSION OF THE SENATE AND HOUSK OF REPKESENTATIVES, PENDING THE ELECTION FOR UNITED STATES SENATOR. IN EEPLY TO MR- GOODE, OF ST, LOUIS. JSPFEPvSON CITY: LUP£'S STEAM POWER rHES.S, PRINT 1855. Fi-UL SPEECH ki. ROLLIin;, %aid: I feel callud upon to reply to the very remarkable- specct, whi.^i tlie gentleman trom St. Louis has just closed, and the delivery of which ha. occupied the a«eut.on ot this jomt session for nearly two days. That gentleman, professing to bo a Whis had made upon me a most uncalled for attack. I h.ve .said nothingfand done nothino-, tha would justify him in the unwarrantable course which he has thought proper to pursue A few days since, prompted by a sense of duty, and for the purpose of promoting the ele;tion of Ae ^Vhig Candida e to the Senate, I made u. few remarks, explaining my po.^tion upon n^V oi t le various pohtical questions whieh have been discussed heret and for the puipose of nudicatmg the political party of which I am an humble member. Certainly, sir I did no ;??nVtv''''r'-^;-"^-.f '"!'''' *° ^^^^ "°''' ^^^^^ ^'^"'^ "^ ^^^ ^^ ^^^ gentlemen whose coopera- t^in I desired, and with whom it was my sincere wish to act in harmony, iu the promotion cf a common cause. I think I .-nn «.,f.->Ur .r>v.^oi ♦ _ .), " ^tni. piomouoii flooi f^^.f " .."v.„.^..... ^^ , .i«iii;itLc, 111 wiu remarKS wnicn nave given ,<■: uch rrreat ofiense ^,^^jS"r ,^T.^!:„^n s«,ser the nn, dealing in arguments fallacious and contradictory, denying the truth of his' or v rting propositions whicli he could not maintain, and advocating doctrines revor£/'o sound judgment ot every man, till his whole speech lookerl to hini • *^^«""i<. erf a common cause. I think I can safely appeal to every genuine Whis on th s floor, and ask heir endorsement of every opinion which I have advaifced, a id of Sery pri «ple which I have attempted to vindicate, in the remarks wliich have given ..uchgrea 'offense to he gentleman from St. Louis (Mr. Goode.) Sir, he has traveled over a wide field of pohtical history, he has read authority upon authority, which in very many instances h-i4 no apphcation. whatever, to the points in issue. The gentlemanhad c.fntiuuJl to po^ forth his "everlasting flood" of words for the eight long hours which he consumed in the 'Jiut utrt '■ ■ ^ . - lin, spe( " Like tho tala of .-id idiot, Full of souad and fury, signifying notliini;." I had long heard of the lofty reputation of the gentleman from St. Lr.ais a- u C^.tit.utional Lawyer! Having heard him upon the constitutional ques i n whiower is not questioned ; and, would I, if I were in Con Jesf 01-^11^ other g.ntleinan feel bound without just cause to vote for putting it into opei.S ' The po f ofofincreasmgthe army and navy is conferred upon Congress by the (>i«titution and^? were proposed to increase the army to 100,000 strong, should I, if I were a mombei- of that body, support e proposition ? What a monstrous principle ! He takes tie po^it on th A r?,S f-Z ^^'\':^'''''' °f l^' Po^^i-. because I admit' its cxistence-tJiat d co . d;i., t»ons of right in icy or expediency can have no influence. Sir, the gentleinan mu" Icro'w better he is triflmg with the good sense of this joint session, when hf ar™ so ab urd a proposition! I have said bclore, and I now repeat it, that m. iiy excellent^?Vh--< s de ly 'Z; power. Many Whigs, denying that power, have been nominated for office W Ve Wd rpai." ^.idthey have receivc.l my earnest and cordial support. Even when the .^a I'raa fvJm St' Jx)u,s was censured for the avowals which he made in the Whig caucus I tie" n, od 1, n^fl';, .j> rash and impolitic expressions, and was willing to believe, and williu- to instill the same belief intotho minds of others, that the gentleman was misunderstood PlVhas attto^^ to me during his speech of eight hours, motives by wliich I am not governed, and "S^^^^^^^ Te las utr /'urkThe sa ' n'V 't' ^''^ ^^"^'"'""^ ^^"'^'^ '^' --^ ^veapo'i s Xh )ie nas "-ed— t l took the same liberty and pryed into the secrets of his brea<-t Imi:ou back to the Seuatc of tlio United States ? His advocates identify liim with the pro- tection of one, aud ouly of cue institution. Is there only one institution to be protected ? « gentleman. He has taken it back, as he has taken back his first opinion upon the power question. The gentleman will be obliged to take more back, and I commend his prudence in taking them back thus promptly, The gentleman has told us that there was "no eondilion in. /society, ir. which refinement and Uitellectualily exinted in any yrcat degree, in which there wan not slavery." If he means by this, African slavery, 1 beg to differ with him. Moral and intellectual culture, and social refine- ment, are to b« found in as high a state of perfection, throughout tlie civilized world, in free as in slave comuinnities. I refer him to the land of Burke and of Chntam, of Shakspcnre «nd of Milton, of Cuvier and of Baron Von Humboldt, of Napoleon and Lnmartine. But if the gentleman means to jilace the system of humble labor, which exists to some extent in our own State and througliout the country, and which has ever existed, on the same footing with African slavery, then I repudiate the thcught. as un-American and anti-republican, and »t war with the very spirit and genius of our institutions. A man, because he may be com- pelled to labor in the humbler walks of life, is not therefore to be regarded and treated as a slave. Such a designation would include a large portion of the hard-fisted yeomanry and sturdy mechanics of our country, these "Sons of toil" whose strong arms and patriotic hearts [7] «(nnstitute tLe very Eul)stratuTn npon which rests our repiiWican structure. The Vvry tcea who are the bulwarks of liberty: "Our country's stay In the day and hour of danger," Who fight our battles and pay our taxes; who hew down the wilJernesa and dear oiit our r vera, who build our railroads ami ouv cities. No, sir, genius audiutellectuality is confined to no tjiass or condition amongst men. It is as often found beneath the "lowly thatched cottage' ' tin in the proudest palace. And in our own country, and throughout the world, in all that aJoras and dignifies the character of man, — in arms and in literature, in eloquence, ia sUtesmanship and in philosophy, we as often find those who most excel, springing from the walks of those whom the gentlem.aa from St. Louis would place in the category of slaves, as from the better educated and higher classes of society. And no country, more than our own, '•.Hu boast of so large a class of persons as those to whom I have referred. Some of the brightest names that adorn the historical annals of this Republic, and who have conferred the greatest blessings upon the people in building up and strengthening our free institutions, bav« been men of the humblest origin. We now come to the letter said to be addressed by me to Col. Benton, which is such a mimstrous ini'iuity in his estimation. That letter was written at the time the .Jackson reso- laitions were the subject of controversy in this State; and here I would ask the gentleman froni St. Louis if he would have voted for the Jackson resolutions? Mr. GOODE said lie would not, but would explain why. Though there was nothing in the r«3,'iOiutions in which he did not heartily concur, yet he deemed their introduction at the timsi was inexpedient. Mr. ROLLINS — Every Whig in the (Jeneral Assembly except the gentleman from Scott, voted against those resolutions when they were introduced. Their action was endorsed by every Whig newspaper in the State, Every Whig of prominence and distinction in Missouri sustained the action of their Represerisatives in this hall. Including our distinguished candi-* dat«for the Senate, (Col. Doniphan.) Mr. DARNES rose and said that ilen. Watkins, who was recognized in South-east Missouri, and throughout the entire State, had approved of the vote which he (Mr. Dames) had cast «pon the occasion referred to by the gentleman from Boone, and at a public meeticg of Whigs hold shortly after, resolutions were passed in support of the Jackson resolutions, and of his act; on in that hall. Mr. ROLLINS — Sir, I admit that there may have been a few exceptions, and I also admit that the gentleman from Scott was a di»senter from the action of the Whig party on that, as well as on other occasions. When Col. Benton made his famous appeal tolhe people of Mis- souri, the Whig party, which had long been in a state of subjugation, but which though oft«K defeated, was never subdued, saw a favorable opportunity for overthrowing their'ancient and triumphant enemy. Ambitious of grasping the reins of power, which had been held so long by the Democratic party, or if you please, "hungering for the flesh-pots of Egypt," they fostered the feud and fomented the discord which had sprung up among them. Whig poi:tic|ans, and rays?lf among them, — for you know, sir, politicians will do suchlhings, patted both aides on the back, and cried, hurrah ! to the one and well done ! to the other. My ven- erable friend who sits before me, (bowing to Mr. Paschal,) did the same thing, and is, I doubt not, prepared to do it again when the proper time shall arrive. Those were legitimate party tectics, and certainly cannot be coi demned or censured by a whig. But on that particular «!.uestion I was with Col. Benton. The Whig party of Missouri was with Col. Benton upon that question, and against the anti-Benton wing of the Democratic party. I condemned the Jaekson resolutions, because they sprung a baleful agitation upon the State, and also because *ey embodied nullification and tended to disunion. The letter, of which detached fragments have been read, was stolen from Col. Benton, and a small part of it only published to place me in a false position. The entire letter was not published, but the parts which would have explained my true' sentiments and opinioB? throughout, were suppressed, and this garbled production is quoted in this hall, to place rae ia a false position, and put a foul raisconstructionupon my sentiments. It was written with 3 pm-pose and intent altogether different from what has been imputed. I preserved no copy afthe letter, but 1 still remember the tenor of its contents. It was written to a distin- guished man, and in it I adverted to a great politicial question, to a great controversy in which that distinguished gentleman was involved, and about which question the Whigs in the General Assembly, and throughout the State, agreed with him. I mean the Jackson Ke.^olutions. So far as opposition to these resolutions was concerned, I might well have expressed the opinion, that the Whigs of Missouri would sustain Col. Benton,"for the Whigs wftre united almost to a man on this question. And in reference to the expression used, that Ms absence from the Senate might turn out a national calamity, and in the event that his ^ace would be filled, by a Democrat greatly his inferior, and known to be deadly hostile to the Whig administration of Gen. Taylor, whilst the belief was equally current, and well founded that Col. Benton, would sustain Gen. Taylor's administration, I expressed an opini-m Hiat would h.ave been endorsed by Whigs every where. Unlike the gentleman from St. Louis, T preferred first a Whig ! but in a contest between two Democrats. I should have taken what I «i*nsidcred tiie lesser evil. ff] When these garbled paragi-aphs were published in the newspapers, I wrote to Col. Eentiis fw the letter which I addressed to him, or for a copy of it, the publication of which W(;uld bftve vindicated me from the false construction received frora those garbled extracts. ClT b'jinton wrote to me a reply, from which I will read to this Assembly : WASHitroTON City, Norember 9, 1S61. Major Rollins— 1>EAR J-ir. :— i hare just roocifed your letter of the 2'2d ultimo, and.ilthough just in the act of setting o!f for Mk- »'juri,and much occupied, I seize a"fk>w momouts to r^pXy to it. You are right iu your recollection of whaS I sakJ about the Metropolitan, "that I never read anything in it;" and, I can add, I never answer anything in it PTf*? ♦"hen shown to me, that merely concerns myself. IJut the article you enclose chietly concerns you, and IImi writer has the audacity to mention my name, as authority for lies against you. His statements are false. l«U» uot recollect of receiving but two letters from you, and have neither of them now. In looking over my papers tijis ;a!l, previous to going away, I have seen neither of them ; and as it is my haljit, and necessary from the msssfis of iettere which I receive, to de.stroy those which do not require future attention, yours must have shared that fe»« unless stolen from me. I neither g.ave them to anybody, nor g.-vve out copies to a.nybody, uor had any future We t-o malce of them, but I know you never wrote what is attributed to you. You never promised me the aid of ih» Whigs to carry me triumphantly over the heads of my enemies, nor did I ever ask such aid from you. You bpth-i ijj^d up<5u me the enlbrcement of fretisoil doctrine upon the people; nor did I ever urge such doctrines or entertajo Jiiem. My sentiments on that sulgect are ia my JeKcrson City spcecji ot May, 1849, and ail other sentinieH<£ it«j-s- k»iJtod to me are falsfehoods." Sir, this testimony, coming from the source it does, relieves me from the charges made hy uie gentleman from St. Louis. If that gentleman, or any other, can make capital for him- self, df raise any prejudices against me, by reading from the tail of a private letter, addrcehed r.i> a gentleman and titelen from him, he is heartily welcome iodo it. The gentleman is heartily Welcome to use such weapons against me if he is sati!^fied with himself in so doing. Mr. GOOPE rose to explain: It was not his object to inquire by whht means the levtei t'L'came public, lie found it published, and he had a right to make use of it. Mr. ROLLINS — Sir, I am glad the gentleman has made use of it, and he is welcome toaH he can make out of it. I am glad he has produced il in this hall, for it has given me axa. opportunity of vindicating myself. ' On the question of the Jackson llesolutious, to which it referred, I expressed the opiaion? which I sincerely entertained, and which opinions were endorsed by the "Whig party of Missonri. On that question, I, in common with my party, agreed with Col. Benton, thougli differing widely with him on other great principles of State and National Government. But I wiU ioform the gentleman who has labored with so much endui-ance, and with so little succoss^, that I would rather have seen Benton iu the Senate than any Democrat who wa.<3 tainted with nullification, if the contest lay between such a man and Col. Benton. Sir, I will also tell t)t.« gentleman that 1 would rather have voted for Col. Benton, than for a whig who voted for Franklin Pierce in 1852. But Sir, what condemnation does the gentleman merit, wheji he attempts to criticise ice, simply for writing a letter to a distinguished member of the Democratic party, intended t» aid our cause, and with the admission on his lips that he proved a traitor to the Whig cause in 1852, when he voted for Pierce, and after the great effort, which he has just made. (• «iect Atchison over Doniphan ? And with what superlative impudence must ho be clcthcd t.^ stand in his place here, and talk about " dark suspicions" upon the political character of any Whig, with facts like those I have stated, staring him in the face? Did he suppoM that because of the manner of voting in his county by ballot, and not ''viva voce " the faot ■td his political apostacy, would not be detected and exposed ? And sir, it will be a questicu more curious and interesting to the Whigs of St. Louis, than important to this discussion, for them to ascertain by what means, a gentleman was placed upon the Whig ticket ifl tL« l]^t canvass, who voted for Pierce and King, instead of Scott and Graham ! Sir, the gentleman from St. Louis has asserted that while I introduced the names of several ejetlnguished Whigs in this State as authority on political questions, I never mentioned th^e name of Henry S. Geyer. Surely, the gentleman must be strangely forgetful, or singularly inattentive to the speech which I made two evenings ago, and which he has so elaboralelv criticised. The name of Geyer was the first mentioned in that catalogue of distinguit^hed Whigs. I said of him that I served with him in that hall many years ago, and knew him um a profound and accomplished legislator. I stated that I was well acquainted with the purity .»f hi3 domestic life, and the sincerity and dignity of his character. I quoted him as fiu authority upon the danger and impropriety of making the power question a test. I will »c»w add, for the information of the gentleman from St. Louis, that he did not approve of tb« Jackson resolutions. If I had been a member of the Legislature at that time, although b# was not my first choice, I would have given him a cordial and earnest support, and cot bs the Pierce Whig supports Doniphan. The love of the Jackson resolutions which the gentleman exhibits, and the eagerness with which he seeks to apply the test and engraft a new and heterogenous principle upon the an- edent doctrines of the Whig party, have been recently caught by contagion. They attost their origin. The gentleman derived them from his Anti-Bentou associates. He caught the sf South Carolina, ■who died early in life, but who was regarded in his day, as one of tbe ri'jst brilliant of American orators. And in addition to these names, we may add that of ITmry CUnj himself, good authority I presume, for all Whigs who did not vote for Pierce. The gentleman from St. Louis, has attempted to raise a doubt whether Mr. Clay thus voted — ^he has read extracts from his speeches, which i/jere never reported, and given statements »« to his views, in regard to the restriction upon the State of I\Iissouri. I read, what Mr. Clay himself said, when speaking of the Missouri Compromise line of 30^ I^U''. I quote from his ipeech delivered in the Senate, 5th February, 1850, 32d volume Appendix lo Congressional ■■".' !i :i' a shoit time an addition of six, and perhaps eight members of the Senate of the United >Statts. It i • i ' : r ' hy the .slave- holding States as a ffrea,t triumph. The votes were close — !>0 to 86. (The vote was ^ . ) ' <■ ' j.roduced by the seceding and absence of a few moderate men from the North. To the north of L'- ; ' ibj; _ is to be, by th» present law, restriction, which you will see by the votes, I voted again.st. But it is at pre.seut of i.c nruinnt. It is a vast tract uninhabited only by savages and wild beasts, in which not a foot of Indian claims to soil is ex- aaguished, and in which, according to the ideas prevalent, no land office will be established for a grcftt length of t4nie. With respect, your otedient servant, CHARLES PINCKN EY.^' Thus the people of the State of Missouri, were authorized to form their Constitution for a State government, which they proceeded to do. In their Constitution, was the following clause : "It shall be the duty of the Legislature, as soon as may be, to pass such laws as may be necessary to prevent free ne^ois and muluUoes from coming to, and ^Uliiuj in lids Slate, under any jrreiext wtiatsoevtr." In conseqtience of the insertion of the above clause, in our State Constitution, in Novem- ber, 1820, when she presented herself for admi.ssion, another controversy arose, upon the ground that the above recited clause, infringed that part of the Constitution of the United States, wJiich declares that, "the citizens of each State shall be entitled to all privileges and iramunities of citizens of the several States." It led to an angry and exciting discussion, and the question was finally settled, by the introduction and passage of tlie following joint resolution, drawn up by Mr. Clay, and which became the law, March 2d, 1821 : HewJiiiinn providing fm- tJie admissioii of Mismuriintothe Union on certain conditions. Hisolvedhy the .^natc and //oms? of liepreKentatives of the United States of America in Ccnorc?:< ^ssriiil-Ud, That Missouri shall bo admitted into thisUnion on an equal footing with the original States, in all :■ , ■■■ ■ ■ *!,:;{. :ver, opon the fundamental condition that the fourth clause of the twenty-sixth section of Ibo tbh ' :^ri . ■ i rlieCoD- *! itution, submitted on the part of the said State to Congress, shall never be con.-trued to a\r i ; i sa^'e of any law, and that no law shall be passed in conformity thereto, by which any citizen of titliei ; '.. i siuthis Union shall be excluded from the eujojmentof any of the privileges and immunities to which iivb ciiizen is en- titled under tbe Constitution of the United Stiitcs: l^mridcd. That the Legislature of said State, by solemn publk- li.:t. shall declare tbe as.'iont of said State to the s-Md fundamental condition, and transii.it to the I're.-^iuent of the United Sfatt^s, on or before the fourth Monday in November next, an authentic copy of lb- s.m'hI :m-\ : upon the re- ofipt when-of, the President, by proclamation, shall announce the fiict : whereupon, m i "itl ^ i^' imiher pro- «t-i>ding on the part of Congress", the admission of the said State into this Union shal, : ' , . rr mplete. Six?akerof tbi- l:iiu>e ..i j;. ,,.,s.'utatives. ,|Mil.\ UAibL.V(;0, President of the Stii;it.e. pro rempoie. Approved, M.arch 2, 1821. JAMLS WO.MIOE. This was callcil the second Missouri Compromise, and the people of this State having ac- cepted the condition imposed by the foregoing resolution, Mr. Monroe, who was tJien Pres- id.ent of the United States, on "the 10th of August, 1821, issued his proclamatiou, declaring the admission of Missouri complete, according to law. And so ended the whole controversy, in reference to the admission of this State into the Union. The gentleDsan from St. Louis has quoted Mr. Monroe^ as denying the power of Congress over this subject. Strange indeed that this should have been the opinion of Mr. Monroe, at ti>e very time of sijinriff (he bill. Sir, the gentleman is mistaken. This very question — and we have it not only from Mr. Monroe himself, but also from John Q. Adams, who was Secrc- tn-y of State — was oaavassed in the Cabinet. This ouestion was propounded by the Prcsi- [12] dent for tlielr decision : *'IIas Congress the right under the powers vested in it hy the Conslitu- tion, to make a regulation prohihiting slavery in a t&rrilory V His cabinet was composed oi" a majority of southern men, and it gave a unanimous and affirmative response to the aboY« question. And perhaps, for great talents, no cabinet has excelled that of Mr. Monroe, at any period of our history, being composed of no less distinguished personages than "Wm. B. Crawford, Wm. Wirt, and .John C. Calhoun. And yet, strange to s.ay, Mr. Monroe is quoted as denying this power ! Knowing, too, the great influence which the opinions of Henry Clay must continue to exert over the Whig mind of the country, his powerful name is con- stantly iuvolicd, and the gentleman from St. Louis, (Mr. Goode,) has the rashness to declare that he, too, is committed against the constitutional right of Congress to enact a law estab- lishing the Missouri Compromise line. Now, .sir, I have already proven that Mr. Clay voted for it, and he was not the man to violate his conscience and his oath in voting for an uncon- stitutional law. But we are not left in the dark as to the opinions of the great Kentuckiau on this qixestion. He was a man who thought and sjjoke boldly on all subjects. He kept nothing back, and in order that this matter may be put at rest forever, I quote at length from hi.s speech delivered in the Senate of the United States, February 5th, 1850, and publish*^ rn the Appendix to the Congressional Globe, vol. XXII, pages 117-18 : Allow me to say that, in my hiimWe judgment, the institution of slavery prosants two questions totally distisct, ajMl reBting upon entirely difier-Tit grounds — slavery within the States, and slavery without the States. Congress, the General Govern ii.cn t", hasuD power under the Constitution cf the United States, to touch slavery withiu th« «S(-ate»-, except in th'^ thrf- FjiMriHed particulars in that instrument? to adjust tha siitiject of representitiou, to iui- ■pose taxes on slavLS \,liin :i s\sfi- n of direct taxation is made, and to perform the duty of surrenderiusr, or causing Xti be delivered up, fii-itivt- ai r.\-s, when they escape from the service which they owe in the slav?" States, «nd take refu;ie in the free States. And I am ready to say that if Congress were ts attack within the Stato the in- stitution ojf slavery, with the pui-pose of the overthrow, or the extinction of slavery, then, Mr. President, '*iBJ voice would he for war." The power then, Jlr. TrGsideut, in my opinion — and I extend it to the introduction as well as to iiio prohibitum Of slavery iu the new territories— DOES EXIST IN CONGllKSS ; and I think there is this important distinction between slavery outside of the States and slavery inside of the States; that all oulsideof the States is debatalla, and all inside of the States is not debatable. The Government has no right to sittack the institution within the States; but whether she has, and to what extent she has or has not, the right to attack slavery outside of the Statess is a debatable question — one upon which men may honorably and fairly differ; and however it may be decidedi, furnishes, I trust, no just occasion for breaking up this glorious Union of our.s. I am not going to take up th.at part of the sutgect which relates to the power of Congress to legislate on Bla- very — I shall have occasion to make some observations upon that subject in the course of my remarks— whet-her in this District of Columbia, or in the territorie.-;; but I must say, in a few words, that I think there are two soui'ce« of power, eiil/ier of which is sufficient, in my judgment, to authorize Vie exercitt of the power, eitlier to introduce or keiy ouf, sluve.rt/. outside of the. Slates and within the Tcrrit'/riA^s. Mr. VresiJe.nt I shall not take up time, of whi^rh so much ha 5 been consumed already, to show that the clause which gives tt' Congress the power to make needful rules and regulations respecting the territory and other property of the United &tu.teB cuitcoyi tjic povjcr to legi.'- btte for the fcn-itoi-ies. *****"******» I know that it is argued that there is no grant of power in express terms, in the Constitution, over the suV)je■' 'i ill, but none on aci-ouiit of its coutaiiiing the ordiQance." * * « " As to California and > ■. ' , i^ i"ewnts another question. 1 was willing originally, to abide by tba fM-iti'iples of the Mi.ssnuri i" : •- ': . .'i *■■•> extend the prineijiles of that Compromise to the I'acilio ocean, find thit IVom t-crritory hereaftt r ,■' l-: . • ;,uteojxle of the Missoxiri Territory to form » Constitution and State srovernment, and for tho adinibriii.^D of such •!^aU into the Union on an a-iMai footing wiih tho orijjinal States, and to prohibit slavery in certain Territories," • oprovod March 6th, K20. ^.•2. .That our Senators in tiio 0>7>^ess of tho United States are hereby instructed, and our Representatives t^i'lu-.-ited, to vote in a endorse the doctrine of Cass's (T^icholson letter) and thoy nt.ver wn.r. The Democracy of this State aro unanimous in the opinion, so far as we know, that OoNGiii..is uas am) £noi!l.l> xxKiXiSE THE POWKR ASD EXCLVos SI..^T^:aY KiiOM Califoema AND Nr.w MEXICO.— [JV. If. Puiriot, Juhj 27, 1S49. '- I WOULD rAKE THS GROUND ©r IBS KOX-i'.XTFSSlOS or SLAV^KY — THAT SLAVKRT SUOULB NOT liECOMK STRONOEB. Bvit Cousress have only renjnacted the old law of 1793. Uniou-loving men, desiring peace and loTinp; their conn- tr/, conceded that point— cxwiLiiiNaLT cojicepeh it, and planting themselves upon this law against tho outburst of iwpular feeling resisted the aRitation which is assaulting all who stand up for their country. But the gentleman ■MiA that the law is obnoxious. Whai similk tuin'o is tid:re con.n-ectkd with siavkuy, tuat is not odnoxious ? Rvj.s TUB Gi!NTL£MA?r FROM MavvIpoeo [Dr. Batneller, an ultra abolitionist] 0A.■^^0T feel more beeplx than I »<• 0» THIS suej£:t, kcy—xOi-'itral Pierce: a iouch in the Xnu Hampshire Cmtstitutional Cmivr.nticm, Sir, what I have read ia from a speech delivered by Franklin Pierce, and published in the New Ilampshirc Patriot. Such, sir, are the opinions of the man for whom the gontkmaa from 5t. Louis voted ia '&-. [Laughter aad applause.] [14] Sir, gentlemen underrate the intelligence of the people of Missouri, if tliey expect t" injure the great Whig party, or any member of it, by the charge of freesoilism. This is an >ild song, which they have heard before. In 1844, Henry Clay was denounced as a frec- soiler! In 1848, although a Southern man, and owning upwards of a hundred slaves, Gen- eral Taylor was denounced as a frccsoiler ! In 1852, the same charge was repeated again«t General Scott, (and no doubt by the gentleman from St. Louis himself, ) throughout the length und breadth of the land! And by whom, sir? The very men who originally placed ^Iartin Va-n Buren in power as President of the United States 1 The vci-y men in Missouri, who were eo deeply distressed, and who so cordially sympathized with the great New York uiagiciau in 1840, (when he wa? defeated by Gen. Harrison, and who was also charged with being an aboli- tionist,) that in their legislative capacity in this capitol, they caused to be addressed to hiiB a letter of condolence, abounding in the most fulsome adulation. I will, sir, read to this joint assembly an extract from the address which was unanimously voted by the Democratic party in this Hall to Martin Van Buren in 1840. Tlie present L:x- ecutive of Missouri was their a distinguished member of thi Legislature, and he took a loading part in securing the adoption of this address, which I am about to read, by the body of which he was an influential member : " As the representatives of a slave-holdiug State, Tre cordially approve your manly and cimdid eour.TO on the sttbject of ahclitionisro. Tlie pledges which you gave have been fearlessly redeemed, .ind, under the protecting .sfcie!«l M' the vet" ;"■»<• r j.i<.>'=(i in your hunds by the constitution, we have felt that our property was secure from that fiuiatical I i '• i' r.idinviide the halls of Congress, and which, hut for your Sniiuess, would have seized on thi! post Hi) . 1. i' for the dissemination of its treasonable designs. On this subject, you have elevaied yourself 111 '<> '■ II- "i.iruiptiblc intrigues of electioneerintr policy, while you h.iTe given the whole forcfe ^f jiiur aiimnuMrati'iu it iur property, and to the aid of our violated Constitution, against the operation of a party which is led by the WotiU's Cvuventit/ii of England, and is rendered formidable by its association with the capi- talists of London and many of our own deluded citizens." Sir, that address was voted unanimously by the Democrats of the Legislature who then ?at in this hall. Mr. RUSSELL rose and said he was then a member of the Legislature, and that fee refused to vote for it. Mr. IK^LLINS — I should have excepted my sagacious friend from Cape Girardeau. 1 ars tlioroughly acquainted with the acuteness and sagacity of his intellect, and on that occasion kJiey disclosed to him the designs of the sage of Kinderhook. My distinguished friend, the Senator from Pike, (Mr. Carr,) had also the sagacity not to vote for Van Buren during that contest. Another Dt-mocrat whom I see before me — who was then a m.embcr of tiie Legis- la,tui-e — I refer to the eloquent gentleman from Ste. Genevieve — did not vote for th.it address, for he was then marching to the tune of " Tippecanoe, and Tylor too." [Laughter,] With these exceptions, sir, the Democratic members of the Legislature, under the leadership «f our present Executive, transmitted the address, a part of which I have read, to consoVo with the balm of tcjuler sympathy, the sage of Kinderhook, (now traveling amidst the mountains of Switzerland) on hi', expulsion from the theater of public life, and his tiltimato iticarceratiou iu the shades of domestic life. In that address the Whig party of this St4i»« are stigmatized as freesoilers, and homage is rendered to the great Northern man with South- t of the territories of Kansas and Nebraslia, with power in the people who may settle in those territories to refo- ,'ata the suliject of slavery within their limits according to theiv own pleasure." As I stated two evenings ago to this Joint Session, although the bill had objectionable features, I would have voted for it if I had been in Congress, and I should now resist itB repeal, with as much energy as a Calhounite or a Pierce Whig. My friend from St. Ldiis, (Mr. Blair) is described by his colleague (Mr. Goode) as nursing hostility against the instita- [15] ttons of Mis.omu, because he has avowed hostility to the Kansas-Nobrask-i bill Sir i' is kuown that upon this subject, I differ with that gentleman (Mr. Blair.) But I do him the justice to .aj that I believe h.m to be as loyal to the institutions of Missouri, as auVrntle! man m this Assembly I dohim the justice to say that I believe he would be as prompt as any man to vesen and to resist any improper or illegal encroachments upon the ri4t3 of the ■K 1 n , n 1'-.. "' ^rf ?• ""'"'^ f ,"^ in'iependent heart, and what hi thinks he slys and If he were hostile to the institutions of his State, the same indepen dent spirit which prompted him to denounce the Kansas -Nebraska bill, would prompt himl expres his opinons of thote iflstitutions, however adverse they might be. If he entertained such opinions, this AsiemMv would not be ignorant of the fact, nor would it be a matter of conjecture or -'nlvLtn ^ Iwil now ask the gentleman from St. Louis, who has signalized himself,' by mal^nc. He most Yolummous Atchison speech that has yet been heard in Missouri, if he won d W fbro gated the ancient laws of the territory, which would have been revived by The repetalofSa Missouri Compromise. My friend from Cooper, , Mr. Harrison) enunciated a well esaWslud legal maxim when he stated that the repeal of a repealing law revived thloiinal hi The laws of the territory of Louisiana, which were enacted by royal edict, rec-ignlzed he •Kistence of African slavery in those Territories. The Bad-er "Proviso renonlJM. laws, and Gen. Atchison voted for it as a distinct and separate measuie ^ '^"'' Mr GOODE deprecated altogether what the gentleman from Boone, was so solicitous lo establish, namely his identiiication with Mr. AtohisoQ. If he were i^ Congress he would Mr. ROLLINfe-I am glad the gentleman is returning to his first love. I am rejoiced " discover that the srecch of the f^cntlomnn r,.^• p;,,i,t ,„.,♦..! i,.. „.. . „ . _ 'V . •'''^'^*^^ ^^' with ever son er that the speech of the gentleman for eight moital hours was not asT in common very gentleman m this hall) imagined it was, intended to promote the election ofTS ; I am rejoiced to find thathe still intends to vote for Doniphan, for so I cons rue i^ At.^^t^Tr .^^' g?,-^^^"f^ is welcome to speak-even for eighUours at ft me- J Atchison, If he votes for Doniphan. His vote is of infinitely more importance to us than hit oratory. _ I congratulate the gentleman and my Whig brethren on his confession that he TZiZ'^'""^^ ?""^'^"^ °"' '^' 'f'"" ""^''^ ^''' '^''^ •'^^^ 1^5s preliminary mov ment fti c! shn^owed. He has even gone so far as to refuse to endorse Mr. Atchison in his vote for ti Sin irSgrS" '""''' '"^''^ '''' '^ "°"'' '^^^ ''''' '^Sainst the Pro^so if be the^trea^y of^llsl".''^'^ ^'^' ^'^''^ '^'""'' ^^° ^''"'°' ^'''^"'^ ^' considered it a violation of Sir, what is the Badger Proviso ? I will read it : thJoS'lat^w:::f "i^J^Hf^IT^:^ the Missouri Compromise line, would have revived the old law ot France, created by an edict of Louis .YV, in March 1724, and by which sluverv would have been at once established in Kansas. The adoption of the al^vrPioviso pr7 _this, and I charge upon Mr. Atchison as being recreant to the best interests of Mi^- \lT-i° 1 '/■, 7^ find every abolitionist in Congress voting fur it, and for the very hat It e:cchK ed slavery from Kansas. It is known, sir, that^lthough introduced by te'^fiw "S.^L'I.l^V" "^^?:'^^C '"'' ^!r Stewart,_a notorious fretsoiler of Michi^ vent souri, in voting for reason that Mr. Bade Wh^^T^.f"''* °f tl^^^ P^-«"^^« in the Kansas-Nebraska bill, mu^t prore^'pe^nidous toThc ;^outh. It leaves every man who desires to emigrate, in a state of mind wholly uncer^a'n whe herhe can safely carry his slaves with him into ILansas or NebraskI ByThat ? w by a law of the territory, for as yet they have had no meeting of the Territorial LSaturc Not by a former law of Louisiana, for the Proviso above named, prevents its r °vival t I n'^Ti Jf contended, that by virtue of the recognition of slavery, by the Consti(a^)n ofthc United States, citizeT>s of the slave States have the right to emigrLte''to n^^o^i^Z^S^ with their slaves. This point has not, so far as I know, been seUlod by fhe^eourLs • and unJl u IS adjudicated, hero must exist great doubt in regard to it. The .blest men in the n "tkn deny that slavery IS so far recognized by the federal constitution, as to authoHzT the t'kS of tha description of property into the territories, where it dobs not already exist Unou «t tiie United States, upon the Compromise measures of 1850: ^^^S^h^%^Z^J^l^^tZi:!f^:T'^^^ trraty, the co..tHutUn» "" ""■ llo^ <-■»" it he argued that the fifteen slav. nto the ceded oountry their institution e '.T'"ll";!,?^v*i^^i™«.'=«^?*»"«''°. the fifteen n-e7st.:rt7rca';-H;d'ioto the ceded territonr ■sMsimmmss^mmss [16] muoh "round to conknd, v^bcre a inoiety of tiie States are free and the otlior moiety are siavc-holdina .^'tatw. fhatthl priuripleof froedom which prerails in tbe one class shall operatu as the principle of slaTery which prevails in the other class of Sfcvtes shall operate? Can you, amidst this couflict of interests, of P'^inciples, and of legislation, which prevails in the two parts of tho Union-can you come to any other souclusion than that yhich I unde*^ ^tand to be tne conclusion of the public law .,f the world, of reason and of justice, that the datus of law, as* •ni^tpd at the moment of conauest or acquisition, remains unchanged until it is altered by tbe sovereign author- ity of the conquering or acquiring power? That is a great principle, and you can scarcely turn over a pa«ec f th . Dublic law where ycu will not find it recognized. The laws of Mexico, as they existed at the moment of the .-.^s^^iion of tbe ceded territories to this country, remained their laws still, unless they wei-e altered by that new sov- ereign power which this people and these territories came undei^ in consequence of the treaty c>f cession to the llnilad States 1 tbinli.theu. Mr. Tresident— withcuttrespassingfurther,or exhaustmgthe htnestc.k of strenpth which 1 bave'aud for which I shall have ample occasion in the progress of the ai-gum«ut— that 1 may leave that part of thesuVjo.-t -viitb two or three observaiions only upon tbe pywor which, 1 think, appertains to this gOTert.- niaat upon the subject of slavery within those tenitories." Now, sir, if these views of Mr. Clay be correct, bow much arc the people of Missouri in- detttpd'to Mr. Atchison, as the great protector of Southern rights, who, by his vote and Lis iatiucnce, brought about this state of things? It is well known that Gen. Shields, of Illinois, defended 'himself before his constituents, for having vote the very maffua charta of freedom in th* If need be I might go furthw, and prove by the conduct of the gentleman from St. Lonia, • (Mr Goode.) in his advocacy of the Kansas and Nebraska bill, that he and his friend (Mr. Uchison) have placed themselves in a position, wholly inconsistent, and irreconcilable. It will be observed, that the effect cf the Badger Proviso, above referred to, is to legislato si,AVERY OUT OF KANSAS ; for without it, a law would at once have been revived, "recstal- fiskinf this institution there ! and I would remind the gentleman also, that the Kansas-Ne- braska bill contai as a section providing for the rendition of fugitive slaves, escaping into these territories, thus proving, that the very bill, for the passage of which, he would reelect Mr Atchison to the Senate, contains two clauses legislating upon the subject or slateei- ).\ THE TEKraTOiuES, and oae of them, in direct opposition to the best interests of the peo- ple of Missouri ! , , ,. TTTl • J J--**' Upon the queption of slavery, I think, I may safely say, that the great Whig party of Mis- souri, is sound and conservative, ready to resist illegal Northern aggression and aboUtionism on the one hand and to suppress Southern fanaticism and nullification on the other. Above all tbiao-s tho people want repose upon this question. The safety of their property, the integrity of the Union, and the permanency of the Government itself, cries aloud against further agitation! Let it cease! , ,. . . • ^t, tov ' Mr P-esident, I will now say that I deprecate all controversy and division m the Whig Darty' i may say tliat I have been born into that party, that I have grown up with it; and that I have fought for it, and fought with it ever since I began to play a part upon the stage of life. I may well regard with contempt any imputation upon my orthodoxy, and spurn the nr.plication of any test imported from the political workshops of South Carolina, and now attempted to be naturalized in Missouri, by a few crazy experimentalists. 1 may very we.l ^purn the apinication of a test which would make Henry Clay afrcesoiler, and Daniel Web- ster an abolitionist. My loyalty to the Whig party is based upon reason and patriotism, for ■ I revere it as cho guardian of the purity and permanency of our institutions. :j^ational avid conservative in its character, it stands upon the centre, and checks with steady hand the .•ooentric movements of Northern and Southern ultraism. . Its firm and steadfast bearing is not affected by any plausible and delusive cry, such as Southern rights or the rights of hu- manity, which the demagogue originates, and which sectional feeling adopts and reitcra.es. ^foT does it stoop from its propriety under any temporary excitement, or any sucWen panic. The poles of the axis on which it revolves, are Liberty and Union, and North and South^ are rot laid down upon its chart. Sir, the enoch in wjiich we live is an important one. Lookinjj across the ocean, we behold the great nations of the old world engaged in a desperate and t>emendous conflict, which, in all probability, will shake monarchs from their tarones, and ohTiterato the ;xru;icnt landmarks between the natio.vs. That fierce struggle, m its progress, laryswcep into its current the civilization and intellectual greatness of Europe, and boar them down to one common abyss of ruin. Lot us, on this continent,— on this lair heritage which God has qiven us~nnd where be has planted the grandest institutions he has yet vouchsafed to man— cultivate cordial feelings and magnanimous sentiments. Let us trample upon those novel and disorganizing doctrines, whether wafted hither from the N orth»or frem the rank political soil of South Carolina, and which are dangerous to our State, and whicli, if .allowed to nourish, may rend us in-.o fragmentR. / x .„ „„j May cur beloved country never afford a parallel to the old world in its pres-ent state, and n-ay we the citizens of that proud country, labor to realize the prediction ot the po(*«ana rhilosopher who gazed upon us from die shores of the moat western land m Europe, and w^io realized, as the curtain of the future was uplifted before his inspired vision, and he saw the American llepnblic, the last born of tho nations, great and glorious, that "Time s nobles* Krnpireis the last." , -r. ■.,• . it [Eathusiastic applause succeeded the termination of Mr. rvollms speech.] The following eloquent tribute to the worth and memo- ry of Dr. Linn fell from' the lips of Col. Rollins, a whig member of the Missouri Legislature in 1855, twelve years after Dr. L. had passed away : — Mr. Rollins said he had just heard the bill read, and his attention was called to it by the mention of the name of Lewis F. Linn. }{is heart was always touched, when the memory and services of our distinguished men, who had passed from the stage of action, were brought in review before him, and by none sooner than by the name of Lew- is F. Linn! Mr. Rollins said he had enjoyed but a slight personal acquaintance with that good and noble man ; but it was one of the pleasing memories of his life, the day that he formed his acquaintance, now twenty four years ago, al- most a quarter of a century. Mr. R. said when he was a youth, having just left college, he paid his first visit to Jefferson City. On the hill, near the Governor's house, stood the old capitol of the State. The General Assem- bly was in session. Dr. Linn was a member of th.e Sen- ate, the most graceful, elegant and accomplished gentle- man of that body. Mr. R. said he remembered his warm and cordial reception, when he was introduced to him. An impression had been made upon his youthful heart which would never be effaced. From that time he had watched with solicitude and deep interest the career of Dr. Linn. After having served Missouri faithfully and honorably as a legislator, a vacancy occurring in the U. S. Senate, in consequence of the death of Senator Buckner, he was transferred by the appointment of Governor Dunk- lin, to that body. He entered that forum of distinguished men a stranger, but on account of his high and chivalrous impulses, his noble and manly bearing, the beauty and gracefulness of his whole character, he won at once an enviable position in the Senate ; and Mr. R. said he would venture to say that few men had exerted a wider influence over the deliberations of the American Senate, for the length of time that he remained there, than Dr. Linn. He was a poet as well as a statesman ; his character became national, and he was not only respected but beloved by all who knew him. He was twice elected to the Senate, and almost without opposition. Whilst there, and up to the day of his death, his energies and best efforts, in the vigor and prime of manhood, were devoted to the promotion of the interests of the people who had thus honored him. He was loyal and faithful to Missouri; he was alive to every- thing that concerned her honor, her prosperity and her glory, and the National statute book abounds with many acts, of which he was the author, and intended to promote our advancement. It is appropriate, on this occasion, to mention at least one of those acts. I refer to that by which the Platte purchase was attached to our State. Without doing in- justice to the honorable efforts of others, he might be per- mitted to say, that we were more indebted to Dr. Linn and Gen. Ashley for this beautiful addition to our State, than to any other persons. And Mr. R. said if this was all, it was sufficient of itself to entitle him to the lasting gratitude and affectionate remembrance of our people. Look to the Platte — the six splendid counties of the Platte county — the El Dorado of our State, the most fer- tile and beautiful portion of Missouri — he might say of the Mississippi Valley — he might say of the Union ; a land flowing with milk and honey, as rich as the valley of the Nile, and as charming to the vision as that v/hich opened upon the sight of Moses, when he beheld the bright and lovely heritage which God had giv^en him. For this addition to our State, now filled with a rich, intelli- gent, and powerful people, we are chiefly indebted to the active zeal and devoted patriotism of Lewis F. Linn ! And now we are asked, through his warm personal friend, whilst he lived, (Mr. Bogy,) to make a small appropriation out of the overflowing treasury of this same people, whom it so much delighted him to serve, to be expended to pro- ^' tect from the rude decay of time the chaste and beautiful monument, erected by the hand of taste, and which marks the spot that contains his ashes. Sir, let the bill pass, and let there be no dissenting voice ! One other remark, Mr. R. said, and he was done. We are too careless and indifferent in treasuring the memory of our departed statesmen — those who aided in laying the foundations of society on this great river, and to whom we are indebted for the very State government under which we live, and have grown and prospered. "Forget not the faithful dead" is a holy and pious senti- ment, which should be deeply engraven upon the heart of every cultivated people ; and it is as much by the observ- ance of its sacred injunction, that we ourselves will be re- membered and honored hereafter, as by the physical im- provement of our country, and the building of it up, in all the arts of civilized life. What steps have we as yet taken to rescue from the deep sea of oblivion, the great deeds of the early pioneers of our state? Where is the Historical Society of Missouri ? and where are the monu- ments which a grateful people have raised to perpetuate the noble deeds of the Boones, the Callaways, the Coopers, the Bartons, the Clarks, the Ashleys and the Millers of our State ? These men have passed from the stage of action, "And memory o'er their tomtts no trophies raise." Sir, this should not be. And in passing the bill intro- duced by my friend from Ste. Genevieve, reviving as it does a recollection of the virtues of the lamented Linn, let a kindlier patriotism animate our breasts, that at no distant day we may discharge the heavy debt of gratitude due to the memory and character of other departed pio- neers and statesmen. L^2?f«V 0. C0.«,,3 Mi 572 82i7 P'^ LIBRARY OF CONGRESS 014 572 821 6 Conservation Resources Lig-Free® Type I Ph 8.5, Buffered