> TEEE M:Tssioisr SOUTH CAROLINA I TO VIRGINIA. FROM THE PliEHii OF JAMp:S J.UOAS & SON, BALTIMORE. O^'xjtUiM&fO- ^-^^OAJ^^ lO^U^^^-^nni'^AA^ THE ]VIISSION ©tLOTTtKl ©/a^(Q)3.ara^ TO VIRGINIA. .5 DEC g/8 1916 THE MISSION OF SOUTH CAROLINA TO VIRGINIA. [From JJe JJow'-s Review, December, 18G0.] [This is a fitting occasion to present to our readers a paper which has been upon our table for several months, embodying the argument made by South Carolina, through her eminent citizen, the Hon. C. Gr. Memminger, at the bar of the Legislature of Virginia, touching the great subject of Southern wrongs, and the proper remedy for them. The argument is powerful, and leaves little to be said in justification of any course the common perils of the South may urge upon her. We desire to preserve it in the "Review." — Ed. Rev.] Referring to the resolutions of the Legislature of South Carolina, under which he acted, Mr. Memminger said,* "They direct me — "1. To express to the authorities of Virginia the cordial sj-nipath}- of the people of South Carolina with the people of Virginia, in the trial through which they have lately passed. "2. To express our earnest desire to unite with you in measures of common defence. "3. To request a conference of the slaveholding States, and the appointment of dep- uties or commissioners to the same on the part of Virginia." harper's ferry outrage. The expression of our sympathy is most grateful to our own feelings. While, in common with the rest of the Union, we feel our obligation for the large contribution of mind and effort which Virginia has made to the com- mon cause, we of South Carolina are more largely indebted to her for man- ifestations of particular concern in our welfare, which I shall presently notice. We had supposed that her large contributions to the Union had secured to her the respect and aS"ection of every State of this Confederacy. Certainly there is no State to whom more kindly feelings are due. Her statesmen and soldiers had devoted their lives to the service of the country, and their honored remains now hallow her soil, There was the tomb of the Father of his Country. There lay the ashes of Patrick Henry and of .Icffcrson, and of Madison, and of a host of others, whose names had given lustre to our country's glory, and the fruit of whose labors was the common inheritance of North and South ; and yet all this could not preserve her from the invasion of her soil, the murder of her citizens, and the attempt to involve her in the horrors of servile and civil war. That very North, to whom she had surrendered a territorial empire — who had grown great through her generous confidence — sent forth the assassins, furnished them with arms and money, and would fain rescue them from the infamy and punishment due to crimes so atrocious. To estimate aright the character of the outrage at Harper's Ferry, we must realize the intentions of those who planned it. They expected the slaves to rise in mass as soon as the banner of abolitionism should be un- furled. Knowing nothing of the kindly feeling which exists throughout the South between the master and his slaves, they judged of that feeling by their own hatred, and expected that the tocsin which they sounded would at once arouse to rebellion every slave who heard it. Accordingly they prepared such arms as an infuriated and untrained peasantry could most readily use. They also expected aid from another element of revolution. They did not believe in the loyalty to the government of Virginia of that part of her population which owned no ■slaves. They seized upon the armory, and they expected help from its operatives, and from the farming popula- tion ; and to gain time for combining all these elements of mischief, as they conceived them to be. they seized upon a pass in the mountains, well adapted to their purpose. For months had they worked with fiendish and unweared diligence, and it is hazarding little to conjecture, that the ban- ditti who had been trained in Kansas, were in readiness to obey the sum- mons to new scenes of rapine and murder, as soon as a lodgment were effected. Is it at all surprising that a peaceful village, where no sound of war had been heard for half a century, should be overcome for the moment, at midnight, by so unexpected an inroad? The confusion which ensued was a necessity ; and it can only be inscribed to the superintendence of a kind Providence, that so few innocent lives were sacrificed. It is indeed won- derful that none of the hostages seized by these banditti should have suf- fered from the attacks which their friends were obliged to make, and that at so early a period the inhabitants recovered from their amazement and reduced their assailants to the five who were entrenched within the brick walls of the engine-house. The failure to accomplish their purpose cannot lessen its atrocity; neither can their erroneous calculations as to the loyalty of the citizens to the State, or of the slaves to their masters, lessen the crime of these mur- derers, and they have justly paid the forfeit of their lives. But such a forfeit cannot expiate the blood of peaceful citizens, nor restore the feel- ing of tranquil security to the families which they have disturbed. The outraged soil of Virginia stands a witness of the wrong, and the unquiet homes which remain agitated along her borders, still call for protection ; and as an affectionate mother, the State feels for her children, and is pro- viding for that protection. The people of South Carolina cordially sym- pathize in all these feelings. They regard this outrage as perpetrated on themselves. The blow that has struck you, was aimed equally at them, and they would gladly share in all its consequences, and, most of all, in the effort to prevent its recurrence in the future. In this desire, they are influenced not only by a sense of common dan- ger, but by the remembrance of former kindness, exhibited toward South Carolina by the State of Virginia, in a day of trial. Virginia's sympathy with south Carolina in her nullification struggles. In the year 1833, when South Carolina had nullified an unconstitutional tariff, imposed by the federal government, and was taking measures to maintain her position at every hazard, the State of Virginia, actuated by the kindliest and most honorable feelings, adopted the following resolutions : '^Resolved, Bj the General Assembly, in the name and on behalf of the people of Virginia, that the competent authorities of South Carolina be and they are hereby ear- nestly and respectfully requested and entreated to rescind the ordinance of the late convention of that State, entitled 'An Ordinance to nullify certain acts of the Congress of the United States, purporting to be laws, laying duties and imposts on the impor- tation of foreign commodities;' or, at least, to suspend its operation until the close of the first session of the next Congress. ^^ Resolved, That the Congress of the United Stales be and they are hereby earnestly and respectfully requested and entreated so to modify the acts laying duties and imposts on the importation of foreign commodities, commonly called the tariff acts, as to effect algradual but speedy reduction of the resulting revenue of the general government, to the standard of the necessary and proper expenditures for the support thereof. "Resolved, That this House will, by a joint vote with the vSenate, proceed, on this day, to elect a Commissioner, whose duty it shall be to proceed immediately to South Carolina, and communicate the foregoing preamble and resolutions to the Governor of that State, with a request that they be communicated to the Legislature of that State, or any convention of its citizens, or give them such other direction as in his judgment may be best calculated to promote the objects which this Commonwealth has in view ; and that the said Commissioner be authorized to express to the public authorities and people of our sister State, in such manner as he may deem most expedient, our sincere good ■will to our sister State, and our anxious solicitude that the kind and respectful recommendations we have addressed her, may lead to an accommodation of all the differences between that State and the general government." Mr. Leigh repaired to South Carolina, and on presenting his creden- tials, was informed by the governor that the ordinary authorities of the government had no jurisdiction of the subject of his mission, inasmuch as the ordinance of nullification had been passed by a convention of the people. The following extracts from the correspondence will exhibit what took place : Extract from a letter of lion. B. W. Leigh, Commissioner of Virginia, to his Excellencg Robert Y. Ilayne, Governor of South Carolina. "CiiARLESTOX, February oth, 183.3. "I have now, therefore, to request your Excellency to communicate the resolutions of the General Assembly of Virginia, and this letter also, to the President of the Conven- tion, confident! V ho]iin'j; that that otticcr will not refuse or hesitate to re-assemble the convention, in «")rdcr that the resolutions of the General Assembly mav be submitted to it, and that the Cuiuention may consider whether, and how far, the earnest and respectful request and entreaty of the General Assembly shall and ought to be com- plied with.'" Extract from a letter of James Hamilton, Jr., to his Excellency Robert Y. Hayne, Gov- ernor of South Carolina. "Charleston, February Gth, 1833. "In reply to the reference which you have made to me, as President of the Conven- tion of the people of South Carolina, consequent on the ai)plication on the part of that gentleman for the meeting of that body, I beg leave to communicate to him, through vour Excellency, that apjjreciating very highly the kind disposition and the patriotic solicitude which have induced the highly respectable commonwealth Miiich he repre- sents to interpose her friendly and mediatorial offices in the unhappy controversy sub- sisting between the federal government and the State of South Carolina, I should do great iniustice to those dispositions on her part, and, I am quite sure, to the feelings of the people of South Carolina, if I did not promptly comply with his wishes in reference to the proposed call." In compliance with Mr. Leigh's request, the Convention was re-assem- bled. The mediation and request of Virginia was communicated. Her interference with the federal government, the other party to the controversy, had led to a modification of the tariff, and the result with South Carolina was a repeal of the ordinance of nullification, and the adoption by the Convention of the following resolutions : "Resolveel, unanimously, That the President of this Convention do communicate to the (Jovernor of Virginia, with a copy of this report and these resolutions, our distin- g\iished sense of the i)atriotic and friendly motives which actuated her General Assembly hi tendering her mediation in the late controversy between the general government and the State of South Carolina, with the ivssurance that her friendly counsels will at all times command our respectful consideration. ^^Resolred, unanimously, That the President of this Convention likewise convey to the (Governor of Virginia our high appreciation of the able and conciliatory manner in which Mr. Leigh has conducted his mission, during which he afforded the most grat- ifying satisfaction to all parties, in sustaining toward us the kind and fraternal relations of his own State." 1 The other incident in the relations of the two States, to which I would ask your attention, occurred in 1851. Four years before, both States passed resolutions that they would not submit to the Wilraot Proviso. In 1849 Virginia had added to her declaration of 1847, that she would also resist the abolition of the slave trade in the District of Columbia. South Carolina concurred entirely in the sentiments of Virginia, and prepared to defend the position which had been taken, and which she supposed was the common position of the whole South. The compromise measures adopted by Congress in 1850, so far from being satisfactory, in her judgment aggravated the injury. She regarded the ad- mission of California, with a constitution prohibiting slavery, as in eft'ect an enactment of the Wilmot Proviso ; and the slave trade in the District of Columbia had been expressly prohibited by one of the compromise acts of Congress. With these views South Carolina proceeded to arm her people, and made the requisite arrangements for calling a convention to secede from the Union, or to adopt such other measures as the safety and welfare of the State might require. VIRGINIA RKGARDS THE COMPROMISE MEASURES OF 1851 AS A FINAL SET- TLEMENT. In December, 1851, the Legislature of Virginia adopted the following resolutions : " Whereas, The Legislature of the State of South Carolina has passed an act to pro- vide for the appointment of delegates to the Southern Congress, 'to be intrusted -with full power and authority to deliberate with the view and intention of arresting further aggression, and, if possible, of restoring the constitutional rights of the South, and, if not, to recommend due provision for their future safety and independence,' which act has been formally communicated to this Geijeral Assembly. "1. Be it, therefore. Resolved, by the General Assembly of Virginia, that while this State deeply sympathizes with South Carolina in the feelings excited by the unwarranta- ble interference of certain of the non-slaveholding States with our common institutions ; and v.hile diversity of opinion exists among the people of this Commonwealth in regard to the wisdom, justice, and constitutionality of the measures of the late Congress of the United States, taken as a whole, and commouly known as the compromise measures, yet the Legislature of Virginia deems it a duty to declare to her sister State of South Carolina, that the people of this State are unwilling to take any action in consequence of the same, calculated to destroy the integrity of this Union. "2. Resolved, That, regarding the said acts of the Congress of the United States, taken together, as an adjustment of the exciting questions to which they relate, and cherishing the hope that, if fairly executed, they will restore to the country that har- mony and confidence which of late have been so unhappily disturbed, the State of Vir- ginia deems it unwise, in the present condition of the country, to send delegates to the proposed Southern Congress." "3. Resolved, That Virginia earnestly and affectionately appeals to her sister State of South Carolina, to desist from any meditated secession on her part, which cannot but tend to the destruction of the Union, and the loss to all of the States of the benefits that spring from it." I have introduced this history in no spirit of fault finding, and with no intention to reflect in the least degree upon the action of Virginia. She had a perfect right, as a sovereign State, to accept the Compromise of 1850; and, having accepted it, she was not bound to justify herself, except at her own pleasure. South Carolina had an equal right to refuse the compromise, and to take action to make good such refusal. But the kindly feeling which existed between the two States induced Virginia to pass the resolutions of 1S51. A reciprocal feeling influenced South Car- olina; and many of her citizens, influenced by the action of Virginia, proceeded to canvass the State, and persuaded the people to abandon the idea of separate secession. The South Carolina Convention met in 1852; and, although a majority had been elected of those who were in favor of secession, that majority gave way to the popular will, and all parties united in asserting the right, but desisting from the act of secession. Thus, a second time did a convention of the people of South Carolina accede to the request of Virginia. Seven years have since elapsed; and, instead of that returning sense of justice among the Northern people, which you doubtless expected, ' 'the assaults upon the institution of slavery, and upon the rights and equality of the Southern States^ have unceasingly continued with increasing violence, and in new and more alarming forms," until now, at length, the voice of a brother's blood cries to us from the ground ; and South Carolina, moved like yourselves by that cry, offers her sympathy and proposes a conference ; and ' 'earnestly requests of Virginia that she will appoint deputies and adopt such measures as in her judgment will promote the said meeting." South Carolina, however, does not expect, neither would she desire you to do what your judgments do not approve. She feels well assured that, under existing circumstances, such a conference is the best step which can be taken ; and I cannot better discharge the duty intrusted to me, than in presenting to your consideration the reasons which lead to this conclusion. To an audience so intelligent as that which now honors me with its atten- tion, I can scarcely advance anything new ; but it will lead to a just con- clusion, if we refresh our memories as to some material incidents of the past. THE NOKTH AND THE SOUTH STAND IN UOSTILE ARRAY. The great question which underlies all action on this subject is, whether the existing relations between the North and the South are temporary or permanent ; whether they result from accidental derangement of the body politic, or are indications of a normal condition ? In the one case, tem- porary expedients may restore soundness ; in the other, the remedy is either hopeless, or it must be fundamental and thorough. In these aspects the invasion at Harper's Ferry is a valuable exponent. It furnishes many indications by which we may ascertain the actual con- dition of things. It is a sort of nilometer, by which we can measure the heights of the flood which is bursting over the land. By the providence of that God who preserved your people from the knife of the assassin, you were enabled, not only to defeat and capture your enemies, but to get pos- session of arms and documents which expose the design and plan of the assailants. You find that months must have elapsed in maturing their plans : that arms were manufactured, the design of which could not be mistaken; that large sums of money must have been collected. It is certain, therefore, that many persons must have known that such a blow was intended ; and yet, who spoke '! Who gave a single friendly warning to Virginia? One voice, indeed, distinctly uttered to the federal govern- ment a warning, but that voice was disregarded ; and the catastrophe burst upon us as a thunder-storm in mid-winter. The loyal sons of Virginia rushed to her defence, and the military arm bows to the majesty of law, and delivers the murderer to a just and impar- tial trial. A new incident in the history of crime is developed. Learned counsel from a distant city, once styled the Athens of America, proceed to a distant village to offer their services to defend the midnight assassin. Political offences have sometimes found voluntary defenders, but the moral sense must be absolutely perverted, when it is deemed a virtue to screen the murderer from punishment. The excitement grows, and your courts of justice cannot proceed as in ordinary cases of crime. You are com- pelled to surround them with military power ; and when the law has pro- nounced its sentence, you are compelled to guard the prison-house and the scaffold, to keep at bay the confederates and sympathizers with crimes heretofore execrated by every civilized people upon earth. The indications of this implacable condition of Northern opinion do not stop here. The sentence of death upon the criminals and their execution are bewailed Avith sounds of lamentation, such as would now follow a Ridley or a Latimer to the stake, and public demonstrations of sympathy exhibit themselves throughout the entire North. To the great discredit of our institutions and of our country, motions are entertained in bodies exer- cising political power to honor the memory of a wretched fanatic and 10 assassin; and, hi one body, the motion failed only for the want of three votes. These are indications which you cannot disregard. They tell of a state of puldic opinion which cannot fail to produce further evil. Every village bell which tolled its solemn note at the execution of Brown, pro- claims to the South the approbation of that village of insurrection and servile war; and the ease with which some of the confederates escaped to Canada, proves that much of the population around are willing to abet the actors in these incendiary attempts. To view this matter in its just proportions, we must set it at a little distance from us. Familiarity accustoms us so much to things near, that we lose the perception of their magnitude. A daily observer of the Falls of Niagara may be brought to look upon them as the ordinary descent of water down a river. Let us, therefore, suppose that the attempted assas- sination of Louis Napoleon at the opera-house in Paris had been followed by developments showing the contribution of arms and money in England; that, upon the arrest of the detected assassins, learned coun.«el had crossed the Channel to volunteer a defence before the French courts ; that, upon his condemnation, threats of sympathy compelled the government to sur- round the scaffold with arms; and, upon his execution, bells were tolled in many English villages; and, as a consummation of the whole, amotion was entertained to adjourn the Parliament in honor of the memory of the assassin, and that this motion had failed in one House only by three votes. Does any man suppose that, under these circumstances, the peace of Europe could have been preserved for a day ? Unless prompt disavowal and punishment had been offered, every Frenchman would have been ready to cross the Channel as an enemy, and the civilized world would have regarded the English people as a nation of outlaws. In niir country, so far from there being any proper indication of disa- vowal, the indications are the other way. Elections have taken place at the North since the Harper's Ferry invasion, in which the public senti- ment has been exhibited. Those who maintain the abolition views have proved stronger than they ever were before. In New York they have triumphed over the other parties combined together; and in Boston, not- withstanding an attempt to stay the tide, the same result has followed. In Congress, the same lamentable exhibition is afforded. More than one hun- dred members prefer to keep the government disorganized, rather than abandon a candidate whose recommendation of a book inviting a combined effort to introduce anarchy and servile war at the South, makes him obnox- 11 ious to the South : and of these, some sixty have signed a recommendation of the same book ; and there they stand, and have stood for more than six weeks, with unbroken front, refusing any kind of concession to the out- raged feelings of the South. Can any Southern man believe that these Representatives do not represent the feelings of their constituents ; and that they would venture upon the measure of keeping the goverment dis- organized, against the public opinion that is behind them. Here, then, we have before us the North and the South, standing face to face — not yet as avowed and open enemies; but with deep-seated feel- ings of enmity rankling in their bosoms, which at any moment may burst forth into action. Is it wise, when we see flame shining through every crevice, and ready to leap from every open window — is it wise to close the window, and fill up every gap, and shut our eyes to the fact that the fire is raging within the building V It is not wise. We must examine the premises, and determine whether the building can be saved, or whether it must be abandoned. We have now reached this point in our inquiry. The Harper's Ferry invasion, with the developments following it, and the now existing condition of the country, prove that the North and the South are standing in hostile array- — the one with an absolute majority, sustaining those who meditate our destruction, and refusing to us any concession or guaranty — and the other baffled in every attempt at compromise or security. CAUSES AVHICH HAVE OPERATED TO PRODUCE THE RESULT, AND W^HETHER PERMANENT OR NOT. The inquiry which must naturally follow would be into the causes which have led to this result, and whether these causes are transient in character, or must continue to operate until they result in a final overthrow of our institutions. To determine this question, it becomes necessary to review a portion of the history of our country. At the termination of the Revolutionary war, there were six slavehold- ing States and seven non-slaveholding. The Northern section had no territory but that from which has since been formed the States of Vermont and Maine. The Southern owned the Northwest and the Southwest, and had in its possession the means of expanding itself into the numerous States which have since been formed out of this territory. The local law of slavery in the parent State would have followed in the offspring, and the 12 esult must Lave been that the power of the South would have had the vast preponderance. At that time, too, the commerce of the South was e(|ual to that of the North ; and, occupying a more favorable position, both as to soil and climate, there was every reasonable prospect that she would be in the advance of all the elements of national strength. How different a result do we this day realize I The North has grown to a degree of power and grandeur unequalled in the history of the world. They have taken possession of the magnificent inheritance of the South, and on the fertile plains which should have been ours they gather their thou- sands, and utter voices of denunciation against those who bestowed upon them the power and wealth which they enjoy. What are the causes of these results? How has it come to pass that the South, having in its hands the means of unlimited progress and certain preponderance, has been reduced almost to the condition of a suppliant, while the North has grown into such proportions that it assumes to give law as a master? The more perfect union of the States was an object of great interest to the Revolutionary patriots. In 1784, Virginia led the way by ceding to the United States her magnificent domain north of the Ohio river. The terms of Virginia's act of cession required that the States to be formed from this territory shall be "admitted members of the Federal Union, having the same rights of sovereignty, freedom, and independence, as the other States." Shortly after the cession, a committee of the Congress of the Confederation was raised to frame an ordinance for the establishment of the territory. This committee, of whom Mr. Jefferson was one, reported an ordinance excluding slavery after the year 1800. This restriction on slavery, however, was struck out by the Congress on motion of North Carolina — every Southern State and every Southern delegate, except Mr. Jefferson, voting for striking out; and the ordinance was adopted without the restriction. During the several subsequent sessions of Congress, other propositions were moved : and finally, on the 13th of July, 1787, just two months before the adoption of our present Constitu- tion, the ordinance was adopted with the restriction clause, as follows: _ "Akt. (j. There sliall be neither shivery nor irivohiutary .servitude in the said ter- ritory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted ; Provided ahvays, that any person escaping' into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the jierson claiming his or her labor or service as aforesaid." Three things are apparent from this statement : the first is, that Vir- ginia and the South made this great concession for the sake of the Federal 13 Union ; the second is, that the concession was made upon the express condition that fugitive slaves escaping into the territory should be restored to their owners; and the third is, that at this early period, long before fanaticism had mingled in this controversy, and before the South had any apprehensions as to her equal rights, the North, with far-reaching crafti- ness, secured to itself a predominance of eventual power in the Union. The generous and confiding character of the South overlooked these con- siderations. Her statesmen were then in possession of the government. General Washington was at the head, surrounded by generous and noble spirits; and the slaveholder and the non-slaveholder had so often stood side by side in conflict with their enemy, that they still deemed each other brethren. But what has been the eifect of these cessions upon the relative con- dition of the North and the South V From this ceded territory nine States have grown — Ohio, Indiana, Illinois, Michigan, Wisconsin, Kentucky, Tennessee, Alabama, and Mississippi. These States, added to the six original slave States, would have increased their number to fifteen. The Northern States, having but two new States to add to their original seven, would have numbered nine in all Hence, it would have followed that the South would now have had 30 Senators and 122 Representatives in Congress, while the North would have had only 18 Senators and 92 Rep- resentatives. The eff'ect of the cessions, however, has been to give to the North five out of these nine States, while the South retained but four. The Northern States have, therefore, added these five to their original seven ; which twelve being added to Vermont and Maine, made their num- ber fourteen, against ten Southern States; and the distribution of power, according to the present basis, gives to the North, as the efi'ect of these cessions, 28 Senators and 140 Representatives in Congress, while the South has only 20 Senators and 74 Representatives. History does not afford a parallel for so magnanimous and voluntary a surrender. Virginia, which contributed the largest portion, was perhaps, more independent than any of her sisters. With a climate and soil the most favored by nature^ — with an extended commerce— with fine ports and noble rivers — with somewhat of a navy, and with a well-tried militia, she was quite able to stand alone. But she gave up all for the sake of union. Nay, more — the whole produce of the sales of all the land ceded by the South amounting to some one hundred and fifty millions of dollars, was thrown into the coff'er of the Union— while the sales in the Northern por- 14 tion of the Union were reserved to themselves. Surely, if there could be created a sentiment of gratitude and brotherly love in States, that senti- ment should have existed in the Northern States toward the people of the South. The next event of importance in this history, was the purchase of Louisiana. This acquisition was made in April, 1803, under the treaty with France, and was approved by the whole Union. The territory acquired was all slaveholding. The rights of the inhabitants were expressly guar- anteed to them by treaty ; and the local law being that of a slaveholding country, of course attached throughout its entire extent. Ten States have been, or are about to be, formed from this purchase. At the date of the treaty, there were eight slaveholding and nine non-slaveholding States: and from the territory then belonging to the Union, the slave States could add to their number but two, to wit: Alabama and Mississippi — while five remained to be added to the North, namely, Indiana, Illinois, Michigan, Wisconsin, and Elaine. When these should all have been admitted, the North was to have fourteen States — the South but ten. The purchase of Louisiana, by extending the local law of slavery over all its territory, added to the South this whole area, making in all twenty States; and the ac(|uisition of Florida, under the treaty of Spain, added one more State, making twenty-one Southern States, against fourteen Northern. Such was the condition and prospects of the Union when Missouri applied for admission. Maine had just been admitted without objection, and the Union stood at its old position— the North having one more State than the South. The admission of Missouri would only have made them equal for the time. The opposition, therefore, to the admission of Missouri was induced not by any existing preponderance of the South, but by one that was inticipated. Just as they did in 1787, the North made use of the attachment of the South to the Union to effect their scheme, and insisted that all the territory west of the Mississippi should be given up by the South. It is highly instructive to us, in our present circumstances to notice that the only motive to this refusal to admit Missouri, must have been to secure power to the North. Fanaticism had yet exercised no con- trolling power. Hatred had not yet been excited. The many bonds, social, commercial, and religious, which bound the country together, were yet in full vigor. Again the adoration of the South for union prevailed. A voice from its midst, in an evil hour, proposed what is called a compromise, and the 15 North eagerly seized and urged it forward. The Missouri Compromise took its place on the statute-book, and graved in the soil of the Union a geographical line between the North and the South. It was called a com- promise ; but unfortunately it differed from the usual acceptation of the term, in that it gave all on one side of the line to the North, and secured nothing on the other side to the South. By it the North gained territory for six additional States, namely: Iowa, Minnesota, Kansas, Nebraska, Oregon, and Washington. The South reserved but two — Missouri and Arkansas— with the chances of a third from the Indian territory. The disastrous consequences of this compromise are portrayed with the pen of a prophet, by Mr. Jeflferson ; and I respectfully ask to have his words read in your hearing: Extract fro/H a Idter of Mr. Jefferson to Jolin Jlolntfx. "MoNTiCELLO, April 22, 1830. "I thank you, dear sir, for the . •'1. Resolved u)ianimoitsli/, That the passage of the above-mentioned proviso makes it tbe duty of every slaveholding State, and of all citizens thereof, as they value their dearest privileges, their sovereignty, their independence, and their rights of property, to take firm, united, and concerted action, in this emergency. "2. Resolved, Tliat Ave regard the piissage of a law by the Congress of the United States, abolishing slavery, or the slave-trade, in the District of Columbia, as a direct attack upon the institutions of the Southern States, to be resisted at every hazard. ".'5. Resolved, That in the event of the passage by Congress of the Wilmot proviso, or any law abolishing slavery or the slave-trade in the District of Columbia, the gov- ernor of this commonwealth is requested immediately to convene the legislature of this State (if it shall have ndjourned) to consider of the mode and means of redress." 23 South Carolina again responded, in December, 1849, and declared that the time for action had come : and she was not mistaken, for, immediately thereafter, the President of the United States sent out his military gov- ernor to organize the territory of California. At his word election dis- tricts are formed, and electoral rights conferred; and the promiscuous horde, whom war, and the spirit of adventure, had collected in California, are invested with authority to make a constitution, and by it exclude the entire South from any particpation in the wealth of that whole region. In 1850, this Constitution came before Congress, and was adopted with the other measures known as the compromise of 1850. South Carolina regarded these measures as a mere aggravation of the injuries before heaped upon the South. She considered the constitution of California, when sanctioned by Congress, to be a virtual enactment of the Wilmot proviso. Even the Missoui-i compromise line had been disregarded by that constitution : and the entire Pacific coast had now, by the operation of the Oregon bill, and this constitution of California, been closed to Southern emigration. One of these compromise measures enacted as follows : ••It shall not lie la^^i'ul to liriiig into the District of Columliia, any slave whatever, for the purpose of being placed in depot, to be subsequently transferred to any other State, or place, to be sold as merchandise ; and if such slave be brought into the said district by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall thereupon become liberated and free.'" This law raised the issue upon which Virginia had pledged herself to act; and South Carolina, in going forward, considered herself merely as the front rank of the advancing column of her sisters. I refer again to these incidents merely as facts, with no intention to censure or impute wrong. They must be mentioned to explain and justify the course of South Carolina, and they show that in each stage of her progress she had, as she thought, the concurrence of her sister States. In her judgment, the other compromise measure of 1850, which changed the boundary of Texas, was e(|ually exceptionable. It withdrew territory from the State of Texas, for no other apparent purpose than to convert that territory into free soil, and brought close upon the flank of the Southern States the very instrument for their destruction which Lord Brougham had sought in 1843 ; and for all this, the equivalent ofiered to the South was a fugitive slave law, which we believed would be as persistently eluded by the Northern States, as the obligation which the Constitution and the pre- vious laws of Congress had already imposed upon them. 24 Entertainiug these opiuions, South Carolina proceeded to arm lier peo- ple. Desiring to act in concert with the South, she first sent delegates to a Southern Congress, and next prepared herself to secede from the Union. At this stage of her progress she was met by your resolutions of 1851, in which you declared your acceptance of the compromise of 1850, and your request to us to desist from our purpose of secession. We did desist. We restrained our gallant coursers, although with great straining upon the reins of State. We have stood still from that day, and almost mute. We have waited as you desired — and what have since been the results 't THE KANSAS CONTROVERSY. Kansas next came ujDon the stage of action. A strong effort is made in Congress by those who yet believed in the virtue of reasoning with fanaticism, and of persuading the demagogue to remove the whole subject of slavery from the halls of Congress. The Kansas-Nebraska act is passed; the Missouri Compromise is repealed. At the same time the Supreme Court lends its aid, by the Dred Scott decision, and the South is congratulated that now she is to have that peace for which so many sac- rifices have been made. No sooner is this done, but the contest assumes a new and more alarm- ing character. Thi-oughout the North societies are organized for taking possession of Kansas. Emigrants are sent out, armed to the teeth — and the arms are furnished by the pulpit and the press. The South can do no less than defend itself — and thus civil war is waged in the territory between the North and the South ; and nothing but its distance in the far West prevented it from involving the entire country. That war was crushed out by the forces of the federal government ; but the bloodhounds whom it trained were kept in leash to break forth upon Harper's Ferry. It has ended in the complete delivery of Kansas to the North ; and now the two sections stand front to front — the North elate with victory, in possession of both Houses of Congress, and only awaiting the Presidential election to seize upon the purse and the sword of the nation. Heretofore each section of the Union was represented in either camp. But now both camps are sifted, and no familiar voice from either section is lifted to stay the sounds of angry vituperation. A broad geographical line is ploughed into the soil, and none may cross it but with sword and buckler. Compare this state of things with the period when a few fan- 25 atical followers rallied around Birney as their leader. Look at the struggle made at the last Presidential election, and consider how nearly we had reached the crisis. The Delilah of the North had already cried out, ' 'The Philistines be upon thee, Samson." And although, on that occasion, he burst asunder the withes and gave us respite for four years, yet now again are new bonds in preparation; and this time we have reason to fear that the locks of our strength have been shorn— and, made blind before- hand, we are about to be driven to the millstones to grind meal for our enemies. We stand now in the Union fifteen States to eighteen ; and of these fifteen we must consider at least one as neutral. The constitutional bar- rier which we have always had in the Senate is, therefore, gone, and with it all power to check the appointments to office. The House of Fiepre- sentatives has been lost to us for years. The Electoral College, when combined sectionally, must, of course, elect a sectional President ; and, in a few years, even the judicial arm, with its slender protection, must follow the appointing power. As matters stand, we are virtually excluded from all the territory of the Union ; and even the territorial legislature of Nebraska has ventured to pass an act excluding slavery from that territory. At every point, therefore, w^e are fairly at bay. And what is the prospect before us ? Is it likely that the torrent which is in motion will be stayed in its course ? A few moments' consideration of its causes will inform us. The generation which now has possession of the political power of the North has been regularly trained from child- hood to the course which they are now pursuing. At their mother's knee they were taught that slavery was a sin. The school then surrounded them with pictures and books, in which the lash was represented in every Southern hand, and the groans of the slave as the music of every house- hold. Horrid spectacles of mothers separated from their children — descrip- tions of brutal violence and savage disregard of the kindliest feelings of humanity have been set before them, and the generous sympathies of youth have been turned against their brethren of the same blood, as oppressors of the weak and ignorant African. To these teachings the pulpit adds its religious sanction. The utterance of anathemas from the minister clothes the sentiment with the solemnity of religious truth. Slavery is denounced as a sin, and the conscience is mislead to assume jurisdiction over Southern conduct. The press then advances with its thousand tongues, and nothing is heard but the contin- 4 26 uou.s cry of wrong, and the earnest appeal for means and votes to extin- guish that wrong. And here, the party leader, with his political craft and skill, intervenes, and gives direction to the one-sided energy which, without him, would soon exhaust itself. Thus wo have every element of opinion and every power which operates on mind, brought into requisition to effect one result. That result is as certain as that efi'ect follows cause ; and that efi'ect must remain permanent, for the reason that the causes are permanent and ever acting. THE SOUTH STANDS IN THi-: UNION WITHOUT ANY PROTECTION FROM THK CONSTITUTION. We are brought, then, to this conclusion: The South stands in the Union without any protection from the Constitution, subject to the govern- ment of a sectional party who regard our institutions as sinful, and whose leaders already declare that the destruction of these institutions is only a question of time. The power of this party must increase from the con- tinued operation of the causes which have given them their present strength. Thus, with the forms of the Constitution around us, we are deprived of all the benefits to secure which the Union was formed. The preamble of that Constitution sets forth these objects in the follow- ing terms : "We, the people of the United States, in order to form a more perfect uuiou, estal)- lish justice, insure domestic tranciuillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.'' Where is that more perfect union V The answer is given by the shout which hailed as a hero the murderer and the assassin. As the ancient Greeks had no name for the parricide, and imposed no punishment for an unknown crime- — so the Fathers of the Constitution provided no means for repressing the unimagined invasion of a sister State. Nay, they ac- tually disarmed each State, giving up to the federal government the army and navy, and making no provision for protection of a State from invasion by a neighboring State. This gave rise to the anomaly exhibited at Har- per's Ferry, in the laws of the federal government affording no aid to the government of Virginia to protect her from invasion. This more perfect union is more strikingly illustrated in the spactacle now exhibited in the array of one half the Union against the other, urged on (as one of the speakers at a meeting in Boston most truthfully declares) by a "religion of hate," which is ready "to break down all laws, human and divine." 27 But the Constitution was also made to establish justice. The establish- ment of justice is evinced in the protection and security of life and prop- erty. The blood that cries from the ground at Harper's Ferry is witness to the security of life ; and, doubtless, the spotted regions on Brown's map would, in due time, have added their solemn voices, but for the utter fail- ure in Virginia. And if these voices do not convince, let the ease with which some of the confederates escaped through sister States into Canada add its testimony. Nay, more. Suppose jurisdiction of the crime had been surrendered to the federal government, and judgment had been de- layed until the 4th of March next, how think you that the culprits would have fared witli a Black Republican President intrusted with pardoning power ? And what protection has the Union afforded to the most valuable prop- erty of the South— that which was chiefly in view when the Constitution was made ? ' 'Thou shalt not steal," s^ys the word of God. ' 'Thou shalt not covet thy neighbor's slave," says the same authority. The Constitu- tion and the "higher law" were, therefore, in agreement when it recognized property in a slave, and stipulated to return him to his owner. But what is the condition of things in this union ? Eight, at least, of the States, and, I am told, as many as sixteen, have enacted laws to defeat the ren- dition of the slave to his master ; and at this moment a controversy is pending in which even the transit of the slave with his master through a free State is declared unlawful. Associations are openly formed for the purpose of stealing and receiving the slave when stolen ; and in one State the owner reclaiming his slave does so on peril of an indictment for felony. The high priest of this new religion, occupying a high place in the gov- ernment, and a probable successor to the Presidency, announces to his fol- lowers that they must defend these fugitive slaves as they would their "household gods." And how does the Union insure domestic tranquillity? Let the necessity under which this State now is to arm her people — let that necessity answer. Let the sounds of war which are yet resounding through the streets of this capital answer. Let the restless and uneasy feeling throughout the South answer. But against whom are we compelled to arm? Who are they that threaten us with coercion and violence? Is it they who are called our brethren— they who are our rulers — they who formed with us a Constitu- tion for common defence. They organize in their midst societies to destroy our peace, and to arm the slave against the master ; they preach a crusade 28 against our institution.s ; they train up their children to hate and distrust ; they abuse to our destruction the power whicli the government has confided to them. We have surrendered to that government our arms and our fortresses — our army and our navy — our sword and our purse — and soon we may find, to our cost, that they are in the hands of an open enemy. Time docs not permit the further elucidation of this portion of our in- quiry. Enough, however, has been said to prove that we have a Union without a Constitution. The Union indeed stands, but it has ceased to effect for us at the South the great objects for which it was formed. It is but the carcase of its former self — the body without the soul. The bless- ings which it once conferred have departed — the glories which once sur- rounded it have been dimmed, and its burdens remain, pressing down upon the South without compensation. History is not without its illustrations upon this subject to teach us wisdom. Republics have, before ours, been enslaved under all the forms of free institutions. It was in the Roman Senate that Sylla sat while his soldiers were butchering the citizens of the republic. It was in the Roman Forum that Antony thrice offered unto Caesar the kingly crown, which in deference to the forms of the Constitu- tion, he thrice refused; and it was in a vain effort to restore that Consti- tution that Brutus and his confederates put Caesar to death. Long after the extinction of all liberty, the edicts of the senate professed to be in the name of the Roman people, and the emperor himself exercised his absolute authority under the republiean names of consul and imperator. Are we, then, to be misled in the same manner by deceptive appear- a,nces? Is it not clear to the Southern people, that when the North have banded themselves together, and are in possession of the government, the South has become a province of the North ? Are they not really in a worse condition ihau they were in 1775 V Then, as now, a sectional line (wider indeed in extent, but not more so in effect,) separated the rulers from their subjects ; then, as now, the government was in the hands of one section, the other having a choice only between submission and resistance. But now, the Southern colonies must bear these additional aggravations : DEGRADING CONDITIONS OF FURTHER UNION BETWEEN THE NORTH AND THE SOUTH. 1. Our rulers have been educated from childhood to denounce us and our institutions; so that, instead of the kindly sympathy with which a government should respond to the feelings of those whom it governs, our government is our enemy. 29 2. That govermnent being composed of a sectional party, it is the in- terest of Its leaders to keep alive all the elements of sectional strife; and the future, therefore, offers to us no prospect of relief. 3. The immense patronage and spoils of the government, and the large interests involved in the public expenditures, and in discriminating tariffs, bring to the aid of the dominant party every selfish interest, and enable It to rivet its fetters upon the South ; -while the hope held out to Southern aspirants for office is used to corrupt our leaders and confound our people. 4. The Southern States are degraded from their position of equality by the open announcement that they shall have no further expansion ; while the North, flushed with victory, are seizing the whole territory of the Union, and give us plainly to understand that our institutions are already doomed, and merely await execution of the sentence. 0. And, finally, we are graciously informed that the arrangements of Southern capital and labor do not please our masters ; and that an irre- pressible conflict has commenced, which must end in the overtlirow of Southern civilization. Even the autocrat of Russia feels a sympathy with his Siberian serfs, and would never allow his government to be regarded as the instrument of their ruin. If we are to be provinces, better— a thousand times better— to have in our rulers, at least the prestige of an illustrious line of noble ancestry ; to be governed by nature's noblemen, instead of the scum which the surges of party roll up on its surface. But we are told that we are not in so hopeless a condition — that there are good men and true at the North who will break down this sectional tyranny — and we are i-eferred to the meetings lately held in some of our Northern cities. I honor the magnanimity and courage of those noble spirits who have ventured to stem the torrent of prejudice and fanaticism. But their efibrts have proved vain. They cannot fail to be vain because they give up the citadel to the enemy. Even the president of the Boston meeting declares that not an inch more is to be yielded to the extension of slavery. Every speaker, save one (and that one I honor for his patriotic firmness and sagacity — Mr. O'Conor of New York,) admits the justness of the Northern condemnation of slavery. This germ contains the logical sequences which the North have followed out into action. There can be no peace until they either change their opinions, or cease from taking any cognizance whatsoever of slavery. They must respect it as they would marriage, parential authority, or any other legitimate institution of a sister State; and, until our defenders take this position, they build upon the sands. 30 But wliy waste our time in surmise, when realities are thrust openly before us ? Can any one mistake the roaring of the storm at Washington V Has the column of the Republican party there shown any sign of waver- ing ? Was ever such a spectacle presented to this country before V There, are plainly exhibited the dire results of this array of sections- — and there, in that conflict for the mastery, is foreshadowed that real conflict between the States to which we are soon to be summoned. Will you undertake that conflict singly, or shall we act in concert? That is the great question which I am commissioned to ask. In 1S47, and again in 1849, your judgment pronouuced in favor of "concerted action." We have adopted your judgment^ — and we come now to propose the con- ference. From the federal government, as it stands, we can expect noth- ing. From the Northern States we have been repelled with denunciation. Our only resource, then, is in ourselves; and among ourselves union is strength. A SOUTHERN CONFEUENCE DEMAXDKD BY THE EXIGENCIES OF THE TIMES. The great and leading argument in favor of a conference is, that it is the proper step in any contingency. It is a measure which will preserve the Union, if it can constitutionally be preserved; and, if it cannot, it is the proper preparatory step for Southern defence. Those who desire the maintenance of the Union must perceive that nothing is more likely to drive back the aggressions of the North, and to restore to us our rights, than the exhibition of a united and determined purpose of resistance. And those who believe that the Union cannot be preserved, will equally perceive that a Southern conference is a necessary step to efi'ective Southern defence. This measure ought, therefore, to unite all parties, excepting alone that (if there be any such) which favors unconditional submission. And what shall be the advice which may reasonably be expected from such a conference ? Certainly they will require a restoration of the Con- stitution and the perfect equality of the Southern States. Could any measure be more likely to eficct this result than the united demand of the whole South? Say to the North, "Repeal at once all your enactments against the just rendition of our slaves; break up your underground rail roads ; perform toward us your constitutional obligations ; and restore to us all those rights which the comity of nations as well as the Federal Constitution guarantee to us. We insist that nations, bound to each other as we are, cannot agitate and form societies to impair the institutions recognized by the laws of either ; and we demand the immediate suppres- 31 sion of such societies, aud the return of tranquillity to our borders. If we are to remain united, we must no longer have our property stolen from us, and the thieves and stolen property protected by your laws ; neither will we hear ourselves denounced as criminals and evil-doers while obey- ing our own laws." Surely the South may unite in declaring anew her bill of rights ; and it is not yet treasonable to add that she must have equality in the Union, or she will seek independence out of it. It is obvious to every one, that if it be possible to procure these demands, and to remain in the Union, the united voice of the whole South is the only likely mode of effecting it ; and if there be a more forbearing party still, who desire to try in the Union measures of retaliation and non-inter- course, or others who hope to prevail upon the North to give us new guar- antees by amendments of the Constitution of the United States, a conference of the South offers the best mode of carrying out their plans. The wisest and best men of the South will bo brought together to consider them, and the wisest and best measures may reasonably be expected. I would be wanting in the frankness and candor due io this august assem- blage, if I did not plainly declare the opinions which we entertain in South Carolina. We have no confidence in any paper guarantees — neither do we believe that any measures of restriction or retaliation within the present Union will avail. But, with equal frankness we declare, that when we propose a conference, we do so with the full understanding that we are but one of the States in that conference, entitled like all the others to express our opinions, but willing to respect and abide by the united judg- ment of the whole. If our pace be too fast for some, we are content to walk slower ; our earnest wish is that all may keep together. We cannot consent to stand still, but would gladly make common cause with all. We are far from expecting or desiring to dictate or lead. There are, indeed, material guarantees which Southern statesmen have proposed, and which, if added to the Constitution, might restore to the South its equality in the Union. Among these may be mentioned Mr. Calhoun's suggestion of a dual executive ; aud although attempts have been made to detract from this suggestion as impracticable, it may be answered that the Roman republic, with its two consuls, so far from prov- ing an impracticable government, lasted live hundred years, and under this dual executive conquered the world. Another suggestion has been offered, of dividing the Senate into two sectional classes, and requiring a concurrence upon all sectional questions 32 somewhat after the phm established in the couventions of the Episcopal church in America. This plan has the advantage of actual existence in our midst. The Governor of this State has proposed that a convention of the United States should be called to determine whether amendments may not be made to the Constitution to save the Union ; and, if they cannot, then that such division be made of the government property as would tend to a peaceful and just arrangement. Such a measure would most naturally and properly be preceded by a Southern conference, to agree beforehand upon such amendments as should be proposed, and such demands as should be made by the South. If such a body should ever meet, it would be indeed unfortunate for the South to enter it with divided counsels. Unquestionably, the South is entitled to demand, as already stated, an equal share of the territory of the Union, and the repeal of all laws ob- structing the return of fugitive slaves ; and it would seem to be equally unquestionable that she has a right to demand the disbanding of every society which is agitating the Northern mind against Southern institutions. These, with a surrender of tiie power to amend the Constitution of the United States in regard to slavery, would be proper subjects for the con- sideration of a Southern conference, and would all come within the pur- view of the measure recommended by his excellency. If any of them should be demanded of the proposed convention of the United States, they would at least serve to test the sincerity of the professions of Northern Unionists. On the other hand, those who believe in the efficiency of measures of restriction and commercial independence must perceive that such measures would be far more effective if taken in concert. What benefit would result from non-importation into Richmond and Norfolk, if Eden ton and New- born and Beaufort received Northern goods as before V And what good effect v>ould restrictions at Charleston serve, if Savannah should decline concurrence V The commercial independence of the South is certainly an object greatly to be desired. Is it possible to advance it more effectually than by the concerted action of the whole South ? And if a conference should do no more than to turn the eyes of the South from presidential elections and federal office, and stir up our lead- ing men to seek position at the South, and to advance and develop the resources of our own country, we shall have made a great advance toward the solution of our difficulties. And, finally, if the worst must come, and we must take our destinies into our own hands, a Southern conference is the necessary step to such arrangements as are requisite to take our place among the nations of the earth. It is this last consideration that doubtless retards many from yielding to it their support. Such a meeting, in 1775, led to the Revolution ; and it is objected that the meeting of 18G0 may lead to the same result. To this objection I answer that a similar meeting in 1765 led to the repeal of the Stamp Act; and if the mother country had acted with justice and mod- eration, they might have preserved to this day their union with the colonies. The meeting of 1775 led to revolution, because tyranny and oppression could no longer be borne, and they only can object to this result who will maintain that the Revolution was wrong, and that America should have crouched beneath the paw of the British lion. So, also, now, if just and moderate counsels shall prevail over fanaticism and tyranny— if the North shall follow the wise and sagacious advice of Pitt and Camden, then the same results will follow as in 17G5. But if they move forward to their unholy purposes with the rancorous blindness of Lord North and his associates, then the precedent of 1775 is the fitting example for tJie South ; and the same catastrophe will be the fitting end of the drama. If such a result were right then, it would be right now; and if it be certain that the North will insist upon ruling us as subjects, when they have extin- guished our constitutional guarantees, and refused our equal rights, then, it is true, we should at once seek our Washington to guide us through the new conflict that awaits us. Unquestionably there is risk ; but that risk is from the perseverance of our enemies in wrong. If they will do right, all will be well. Must we then accept the alternative of unconditional submission, because there is risk of revolution ? "Was there ever a prize to be attained without risk V It is the law of God, that everything valuable must be attained by eifort. "In the sweat of thy face shalt thou eat bread ;" and this sentence is inwrought in all human possessions. Free institutions are among the most valuable of these, and they can only be maintained by constant and untir- ing effort. •'Oh, Freedom ! thou art not, as poets dream, A fair j'oiing girl, with light and delicate limbs. And wav}^ tresses gushing from her cap. "A bearded man, Armed to the teeth, art thou ; one mailed hand Grasps the broad shield, and one tlie sword ;'' "Thy brow, Glorious in beauty though it be. is scarred With tokens of old war." 34 3Ir. Speaker iind gentlemen : I Iiavc done. I have executed my com- mission. I have discharged, as faithfully as I can, the high trust confided to me by South Carolina. I have delivered into the keeping of Virginia the cause of the Sontli. You, who occupy the seats of Washington and of Henry, cannot decide this as an ordinary ((uestion of legislative duty. In your keeping is the glory of those noble spirits who have consecrated the •soil upon which we stand. Y"ou cannot, you will not dim the lustre which surrounds this capitol, by extinguishing any of the lights which they have kindled ; and may that God, whose blessing we invoked at the beginning, on this deliberation, now attend you to the end, and guide 3'ou to such a conclusion a.s will secure the welfare and happine.^s of our Southern country LIBRARY OF CONGRESS 011 895 745 3 LIBRARY OF CONGRESS 011 895 745 3 ^ J pH83