37 .C <«r« c c^ t < =5=^ * CL ' < < ^ 1 < 5 c c ^c: c Burke. S V E ECU Mr. President: It was my purpose, on Tuesday of last week, to have followed the honorable member from South Carolina, (Mr. Butler,) who was addr- ing the Senate on the morningof that day, with what I then had, and now have, to say upon the subject of this bill. But before the honorable member hid concluded his own remarks, it was announced to us, that the late Chief Magis- trate of the United States was dangerously ill, and the Senate was moved to adjourn. The Senate adjourned ; and the solemn event of the decease of the President took place that evening. Sir, various and most interesting reflections present themselves to the minds of men, growing out of that occurrence. The Chief Magistrate of a great Republic died suddenly. Recently elected to that high office by the spontaneous voice ot his fellow countrymen, possessing in a high degree their confidence and regard, ere yet he had had a fair opportunity to develope the principles of his civil administration, he fell by the stroke of death. Yet, sir, mixed with the sad thoughts which this event suggests, and the melancholy feeling which spread over the whole country, the real lovers and admirers of our constitutional gov- ernment, in the midst of their grief and affliction for this loss, find something consoling and gratifying. The Executive head of a great nation had fallen suddenly : no disturbance arose ; no shock was felt in a great and free Republic Credit, public and private, was in noway disturbed, and danger to the commu- nity or individuals was no where felt. The legislative authority was Ql ither dissolved nor prorogued; nor was there any further interruption or delay in the exercise of the ordinary functions of every branch of the t.ox.rn- ment, than such as was necessary for the indulgence, tin- proper indulgen the grief which afflicted Congress and the country. Sir, for hie ral Taylor did not live long enough ; but there were circumstances in bis .hath 6 so favorable for his own fame and character, so gratifying to all to whom he ti as most dear, that he may be said to have died fortunately. " That life is long which answers life's great end." A gallant soldier, able and experienced in his profession, he had achieved all that was to be expected by him in that line of duty. Placed at the head of the Government, as I have said, by the free voice of the people, he died in the midst of domestic affections and dome-tic happiness. He died in the full possession of the gratitude of his country. He died in the consciousness of duty performed. He ditd here, in the midst of the counsels of his country; which country, through us. its organs, has bestowed upon him those simple, but grand, and imposing rites, such as the Republic confers on the most distinguished of her sons. He has run the race destined for him by Providence, and he sleeps with the blessings of his countrymen. " Such honors Ilium to her Hero paid, And peaceful slept the mighty Hector's shade." Mr. President, I proceed now to say upon the subject before us what it was my purpose then to have said. I begin by remarking, that the longer we stay in the midst of this agitating subject, the longer the final disposition of it is put off or postponed, the greater is the intensity of that anxiety which possesses my breast. I wish, sir, to harmonize, so far as I can, opinions. I wish to facili- tate some measure of conciliation. I wish to consummate some proposition or other, that shall bring opposing sentiments together, and give the country repose. It is not my purpose, to-day, to compare or contrast measures or plans which have been proposed. A measure was suggested by the President (Mr. Polk) in his message of 1848. The same measure, substantially, was again repeated by the late President (Mr. Taylor) in his message of 1849. Then there is before us this proposition of the Committee of Thirteen. I do not regard these as opposite, conflicting, or, to use the language of the day, as antagonistical propositions at all. To a certain extent, they all agree. Beyond what was proposed either by Mr. Polk or by the late President, this report of the committee, and the bill now be- fore us, go another step. Their suggestions were, and especially that of the late President, to admit California, ;ui be the general opinion of the committee at that time, and I thought the bettei < >j ii n- ion, to begin with California, and then take up the other measures in their order. Upon further consideration, the committee — very fairly I doubt not, and in the exercise of their best jndgment and discretion — thought tit t upoD your table. But, .-ir, if it It i he pleasure of the Senate to approve the motion which it ia proposed to make to the Senate, shortly, forlayingthis whole measure upon 1 1 1 - - ta- ble, and thereby disposing of this bill, I can only, for one, -.i_\ thai if tbismea be defeated by that proceeding, or any other, I hold myself not only inclined, but bound, t - » consider any other measures which may b the ease i- pressing, ami the circumstance! of tie' countrj are urg< at When in the world have we had any foreign question, it I ma) Baj bo, any exterior. question, that has occupied the consideration of Congre-- for seven month*, and yet been brought to no result ? When have we had a subject before us that has paralyzed all the operations of Government, that ha- displa ed the regular proceedings of the two Houses of Congress, and has left us a1 the end "I seven months of a session, without the ordinary annual appropriation hill- 5 When have we ever had before, in the history of this Government, such an occurrence as that ? What is now proposed, is, to make a territorial government for New Mexico and Utah, without restriction. I feel authorized to assume, from the circumstances before us, that it is in the power of gentlemen of the South to decide whethei this territorial government without restriction, as provided in this hih, shall he establir-hed or not. I have voted against restriction for the reasons which 1 have already given to the Senate, and may repeat, but it now lies with Southern gentlemen to say whether this bill, thus providing for t. rri- torial governments without restriction, shall pass or not; and they will decide that question, doubtless, by reference to whatis likely to happen, if it should not pass. Now, sir, 1 am prepared to say that if this measure does uol pass, 1 im ready to support other proper measures that can pass, and will pass. I -hall never consent to end this session of Congress until some provision !"• made for New Mexico. Utah is less important. Let her respose herself upon the borders of the Salt Lake another year, if necessary. Hut. situated a- she i-, with a controversy on hand, a- -he ha-, with her more | erful neighbor, Texas, I shall never consent to the adjournment of Cong without a provision made tor avoiding a collision, and for tie- settlemenl of the point in controversy between that Territory and that State. I bavetht Btroi objection to a premature creation of State-. I stated that objection at large in 10 the Senate, some two years ago. The bringing in of small States with a rep- resentation in the Senate equal to the representation of the largest States in the Union, and with a very small number of people, deranges and disturbs the pro- per balance between the Senate and the House of Representatives in Congress. It makes the Senate a kind of oligarchy. There may be six, or eight, or ten small States in the southwest, having as many Senators in Congress as they have Representatives. This objection is founded upon the incongruity which such a case produces in the constitutional relation of the Senate and the House. It di?figures the symmetry of the Government; and in this respect it does not make the slighest possible difference, in my estimation, whether they are to be free States or slave States. I am not disposed to make a Territory, that is im- mature and not fit to come into the Union, on account of want of population, a State, merely because it will be a free State. That does not weigh with me a hair. But my objection has been and is, as I have stated or attempted to state, that the admis.-ion of such States, with such small amounts of population, deranges the system. It makes the Senate what it was never intended by the Constitution to be. Nevertheless, sir, as I favor the admission of California, although she presents herself before us with some irregularity in her course of proceedings, so there are greater evils, in my judgment, than the admission of New Mexico as a State, now, at once, or the provision that she shall be ad- mitted in a certain time hereafter. I do not think that so great an evil as it would be to leave New Mexico without a government, without protection, on the very eve of probable hostility with Texas, so far as I can discern; for, to my mind, there is the highest degree of probability that there will arise collisions, contests, and, for aught I know, bloodshed, if the boundaries of New Mexico shall not be settled by Congress. Sir, I know no question so important, connected with all these matters, as this settlement of the Texan boundary. That immediately and intimately, in my judgment, touches the question of the duration of peace and quiet in the country ; and I cannot conceive how gentlemen, looking upon that subject in all it- aspects, can content themselves with the idea of retiring from their seats rod leaving it where it is. 1 should be derelict to my duty if I did qoI persist, t<> the last, in bringing it to a decision by the authority of Con- grese. II' a motion be made, a- it has been announced to be intended to be t,, lay this hill upon the table, and that motion prevail.-, this measure is 11 at an end. Then there musl be a resorl to some other measures; and I am disposed to sa) tint, in case of the failure of this bill, I shall l>< in fai I i bill which .-hall provide 1'ir three things, viz: The admission "I Califi rn it- [ircsi'iit constitution and boundaries, the settlement ol the Texan boui and the admission of New Mexico as a State. Such a measure will pr iduce a final termination of the controversies which now agitate us, and relieve the country from distraction. Sir, this measure is opposed by the North, or -mum- of the North, and by the South, or some of the South; and it has the remarkable misfortune to encounter res-stance by persons the most precise 1\ opposed to each other in evi rj matter con- nee t I'd with the subject under consideration. There are those — I do ool speak, of coarse, of members of Congress, and I do not desire to be understood as making any allusion whatever, in what I may say, to members of this House or of the other — there are those in the country who Bay, on the pari of the South, that the South by this bill gives up everything to the North, and we will fight it to the last; and there are those, on the part of the North, who saj that this bill gives up everything to the South, and we will fight it to the last. And really, sir, strange as it may seem, this disposition to make battle upon the bill, by people who never agreed in anything before under the light of Heaven, has created a sort of fellowship and good feeling between them. One say-. Give me your hand, my good fellow; you mean to go against this bill to the death, because it gives up the rights of the South; I mean to go against the bill to the death, because it gives up the rights of the North; let us shake hands and cry out, "Down with the bill;" and then unitedly raise the shout, "A day, an hour, of virtuous liberty is worth a whole eternity in bondage! 1 ' Such is the « tency of the opposition to this measure. Now, sir, I ascribe nothing but the best and purest motives to any >>l the o-entlemen, on either side of this chamber, or of the othei II use, who take thai view of this subject which differs from my own. I cannot but tainly, that gentlemen who sit around me, and especially my bonorabli league, and my friends from Massachusetts in the other House, are obliged, by their sense of duty, to oppose a measure which 1 feel bound by my conscience to support to the utmost of my ability. They are just as high d inded, as patriotic, as pure, and every way a- \\< U- intention ed as 1 am; and, -ir, it it was nut to a vote, and the thing were to be decided by a majority, 1 must 12 fess my friends from Massachusetts could outvote me. But still my own opin- ions are not changed, not in the least degree changed. I feel that every interest of the State, one of whose representatives I am, as well as every great interest of the whole country, requires that this measure, or some equivalent measure, as healing, composing, and conciliatory as this, should be adopted by Congress before its adjournment. That is my object, and I shall steadily pursue it. Let us examine this. If I may analyze the matter a little both in regard to the North and the South, Massachusetts, being a northern State, may be taken as an example, or a sample, of northern interests. What does she gain by this bill ? What does she lose by it ? If this bill passes, Massachusetts and the North gain the admission of California as a free State, with her present constitution, a very intensely desirable object, as I believe, to all the North. She gains that. She gains, also, the quieting of the New Mexican ques- tion and the Texas boundary, which, in my judgment, as I have already said, is the most important of all these questions, because it is the most immediately menacing evil consequences, if such consequences be not arrested by this or some similar measure. She gains the quiet of New Mexico, and she gains the settlement of the Texas boundary — objects all desirable and most important. More than that, sir, she gains, and the whole North gains, and the whole country gains, the final adjustment of by far the greatest part of all the sla- very questions. When I speak of this bill in that connexion, I mean also to connect it with the other subjects recommended by the committee; and I say that if the whole report of that committee could be carried out, one of the great- est of all possible benefits will be secured; that is, the settlement, to an extent of far more than a majority of them all, of the questions connected with slavery which have so long agitated the country. And then, sir, Massachusetts, and the North, and the whole country, gain the restoration of this Government to the ordinary exercise of its functions. The North and the South will see Con- gress replaced in its portion of an active, beneficial, parental legislation for the whole country. Consider, sir, what has happened? While it is of the utmost importance that this restoration to the exercise of its ordinary functions by Con- gress should be accomplished, here we are, seven or eight months from the beginning of the session, hardly able to keep the Government alive. All is paralysis. We are nearly brought to a stand. We are all suspended upon this one topic tin- one idea, as if there Avere no object in government, no uses 13 in government, no duties of those wh< adi li ttle one question. Well, sir, the next inquiry is, Whal do Massachusetts and the North, the anti slavery States, lose by this adjustment? W\\ it it the) lose? I put thai question to every gentleman here, and to every man in the country. They lose the application of what i> called the Wilmot Proviso to tin ie T( rritoi and that is all. There is nothing else that I suppose the whole North are nut willing to do, or willing to have done. They wish to gel California into the Union and quiet New Mexico; they wish to terminate the dispute about > ; boundary, cost what it reasonably may. They make no sacrifice in ill th< What they sacrifice is this: The application of the Wilmol Pro\ iso to the Ten ito- ries of New Mexico and Utah, and that is all. Now, whal is the value of that 1 or that sacrifice, in any reasonable man's estimate? The value of it, sir, depends upon its necessity. If, in any reasonable man's judgment, the necessity I the application of that Proviso to New Mexico is apparent, why, then, there i- value in it to those who hold that the further extension of Blaverj is to be re- sisted, as a matter of principle. But if it be not necessary, if circumstances do not call for it, why, then, there is nothing in the Wilmot Proviso, and no sacri- fice made in refusing, or declining to apply it. That is the question. Now, sir, allow me to say, that the Wilmot Proviso is no matter of principle J it is ameans to an end; and it cannot be raised to the dignity ofa principle. The principle of the North I take to be, that there shall be no further extension of slave territory. Let that be admitted; what then? It does not necessarily fol- low that in every case you must come down with a Wilmot. If tin re are ether circumstances that are imperative and conclusive, and Buch as influence and control the judgment of reasonable men, rendering it unnec tablishment of that principle, to apply a measure which is obnoxious and disa- greeable to others, and, regarded by them as derogatory to their equality as mem- bers of the Union, then, I say, it is neither high, nor patriotic, nor just to apply it. My honorable colleague admitted the other day, with greal pi prietj frankness, that if it could be made certain, or if it were certain, that natural causes necessarily exclude slavery from New Mexico, then the restriction ought not to be inserted in the bill. Now, by certainty, I suppose my I meant not mathematical certainty; I suppose he meant that high probability, that moral certainty, which governs men in all the concern- ol Y\U-. Our du- 14 ties to society, our objects in society, are all measured by that high probability, which is something short of mathematical certainty, but which we are bound to act upon in every transaction of daily life, either in a public or in a private ca- pacity. Now, the question, therefore — I address myself to gentlemen of the North — is this: Is the probability of the exclusion of slavery from New Mexico by natural causes so high, and strong, and conclusive, as that we should act upon it as we act on the same degree of probability, applied to other questions, in civil, moral, and social relations ? I shall not recur to what I have said, myself, heretofore, on this subject; for I suppose my friend from Pennsylvania, (Mr. Cooper,) and my friend from Connecticut, (Mr. Smith,) who discussed this matter latterly, have left it proved, and as much demonstrated as any prob- lem of a moral and political character can be demonstrated, that it is true, that New Mexico is not a country in which slavery exists, or into which it ever can be introduced. If that were not so upon previous evidence, and if now anything further need be added, we have before us, to-day, an authentic expression of the will of the inhabitants of that country themselves, who, it is agreed on all hands, have the ultimate right of decision on a subject that concerns them- selves alone, and that expression is altogether against slavery. What is it, then, that is yielded by the North but a mere abstraction, a naked possibility, upon which no man would act? No man would venture a farthing now for a great inheritance to be bestowed on him when slavery should be es- tablished in New Mexico. Now that there is an authentic declaration upon the subject by the people of New Mexico themselves, what is there that should lead us to hesitate in settling this matter? Why should we proceed upon the ground of an abstract notion of adhering to the Wilmot Proviso? And I must be permitted to say that, as applied to this case, it is all an abstraction. I do not mean to say that the injunction against slavery in the ordinance of 1787 was a mere abstraction; on the contrary, it had its uses; but I say the applica- tion of that rule to this case is a mere abstraction, and nothing else. It does not affect the- state of things in the slightest degree, present or future. Every thing is to be now, and remain hereafter, with or without that restriction, just as it would the other way. It is, therefore, in my judgment, clearly an abstraction. I am sorry, sir, very sorry, that my friend from Connecticut, (Mr. Smith,) who has studied this case a great deal more than I have, studied it while he was a member of the other House, and has demonstrated, beyond the power of 16 any conscientious man's denial] that there can be no slavi ry in the Terril about whit h we are speaking, thai the South ia mistaki n i i it was possible to derive any benefit from it, and thii the North i- mistaken in supposin>; that that which the) desire to prohibit will ever need in) prol tion there, lam sorry to see that my \ci\ able friend, having demonstrated the case, did not carry out his own demonstration. The expression of his purj to vote against this bill followed one of the clearest and sti i roonstra- tions in its favor, that I have heard from the mouth of man. What is the son of his opposition? Why, the gentleman said lie was instructed bj hit le- gislature to oppose it; and, on the whole, he did no) fei I it to be his dutj to depart from those instructions. It has become, sir, an object of considerable importance in tin- history of this Government to inquire how far instructions, given ex parte and under one of circumstances, are to govern those who are to act under anothi i ir- cutnstances, and not upon an ex parte hearing, but upon a bearing ol the whole matter. The proposition, that a member of this Government, in to bind all the country, is to take as his instru< tions the will of a m-. ill p i the country, whether in his own State or out of it, is a proposition th or below all argument. Where men are sworn to act conscientiously for the of the whole, according to their own be-t judgments and opinions, if the pn tion is asserted that they are, nevertheless, bound to take the individual opini a few, and be exclush ely hound by that opinion, there is noroon I entj every man's moral perception, without argument, decides on such a proposition. I know, sir, that in a popular Government like ours, instructions of this sort will be given, and pledges required. It is in the nature of the case; political men in this country love the people; they love popular applause and promotion, ami are willing to make promises; and, as in other sortsAV love, so in this, when the blood burns, the soul prodigally gives the tongue vows. It is the < tally in some States, in which, in electioneering contests, instructions little constitutions, which men vow to support. These instructions are often given under circumstances very remote from those that exist when tl to be performed; and, I am sorry to say, they are often given on collateral siderations. I will not say when or where, how re ttotely, or bo« latelj | but I am very much inclined to think that we should find in the bistorj ol the c ma- tey, cases in which instruction are ready to be given, oi ready to he with 16 as the support of some little fragment of some sectional party may be, or may not be, obtained thereby. Sir, it is curious enough to observe how this idea, that a member chosen into a public body to act for the whole country, is bound, nevertheless, by the instructions of those who elected him, which has risen to a sort of rule, in some of the Ameri- can States, is differently received and treated elsewhere. According to our notions and habits of thinking, it is not only allowable, but incumbent upon a member of Congress, in the opinion of many, to follow the instructions given by his own particular constituents, although his vote affects the interest, the honor, the glory, the renown of twenty millions of people. As an instance, sir, of the various views taken of this subject, as a question of morals, 1 may refer to what happened in the Chamber of Deputies of France some years ago, perhaps while the honorable member from Michigan was residing in Paris, but more probably shortly after his return. A gentleman, who was a candidate for the Chamber of Deputies in France, promised his constituents that on a certain measure, expect- ed to come before the chamber, he would vote as they required. They required him to vote so and so, and he said he would do it. Well, sir, he was chosen; and when he came to the Chamber to take the oath of office, he was told: Not so fast! Objection was made. The Chamber said he did not come there as a fair man; he did not come as an impartial man, to judge of the interests of the whole country upon the great questions that were to come before the Cham- ber. He was pledged and trammelled; he had given up his conscience and promised his vote, and therefore did not stand on an equality with other mem- bers of that assembly who came unpledged and untrammelled, and bound to exercise their own best judgments. In short, they rejected him; and whoever wishes to see the most beautiful disquisition upon political morals, and the duty of those who represent the people, that I know of since the time of Mr. Burke's speech at Bristol, can be gratified by reading Monsieur Guizot's speech on that occasion. The member came under pledges made to a few to give his vote for them, although it might be against the many, and they held him not to be a worthy representative of France, fit to act on the questions which concern- ed the interests of the whole kingdom. For my part, sir, I know how easily we glide into this habit of following instructions. Although 1 know, too, that mem- bers of Congress wish to act conscientiously always, and I believe they wish themselves free from these trammels. But the truth is, that under the doctrine 17 of instructions Congress is nol free. I otl i extent to whicl I any time prevail in it, the two Houses are nol deliberati • I a "Wilmot Proviso," much more than thi I mountaii Mexi- co, or the ■ ilt plains of Utah. If the genius of Amei ican liberty . from a higher Bphere, could fly over the land with a scroll I" ai with power to give effect to those words, and those words should ordained that neither in the Senate nor in th( II I Repr< I I gress assembled, shall there be slavery or involuntary servitude, i crime," it would be a glorious crovt ning honor and feli< itj, to the Consl I of the United States. 0! thou spirit of Nathan Dane! How couldst thou take so much pains to set men's limbs and motions free in the Territories, and deio-n to add even a proviso, in favor of the freedom of opinion and i in the halls of Congress! Sir, I am of opinion that every public consideration connei ted with tl terests of the State, one of whose representatives, and the n them all, I am, shows the absolute ne< essitv of settling this question at once, upon fair and reasonable terms; the necessity of judging subj< i ling to their real merit and importance, and acting accordingly ; and that we Bhould not be carried away by fancies of gorgons, hydras, and chimeras dire, to the uiler disregard of all that is substantially valuable, important, and essential ii : ; ministration of the Government. Massachusetts, one of the smallest of th< - of the Union, circumscribed within the limits of 8,000 square miles, of barren, rocky, and sterile territory, possesses within its limits at this moment a million of people. With the same ratio of population, New York would contain m arly 6,000,000 people, and Virginia more than 7,000,000. Whatarethe i and pursuits of such a population on so small a territor} 1 A > ery -mall portion of them live by the tillage of the land. They are i tly in thow pursuit which fall under the control, protection, and regulation of the I this Government. These pursuits are, commerce, navigation, the Ii-: and manufactures; every one of which is under the influence of the i [.ration of acts of Congress every day. On none of th< pass a law that docs not materially affect the happiness, perity of Massachusetts; yes, and of Rhode Island too, looking at the B Island Senators.] Is it not, then, of great importance to all tl,. se ii that the Government should be carried on regularly? that it should ha i 18 power of action, of motion, and legislation? Is it not the greatest calamity, that it should be all paralyzed, hung up, dependent upon one idea, as if there was no object in government, no use in government, no desirable protection from government, and no desirable legislation by government, except what relates to the single topic of slavery? I cannot conceive that these great interests w r ould be readily surrendered by the business men of the country, the laboring community of the Northern States, to abstractions, to naked possibilities, to idle fears, that evils may ensue if a partic- ular abstract measure be not passed. Men must live; to live, they must work. And how is this to be done, if in this way all business of society is stopped, and every thing is placed in a state of stagnation, and no man knows when to expect the hour of his redemption to draw nigh? Depend upon it, the people of the North wish to see an end put to this state of things; they desire to see a measure of conciliation pass, and harmony restored; and to be, again, in the enjoyment of a good government, under the protection and action of good laws, and that their interrupted labors may be profitably resumed; that their daily employment may return; that their daily means of subsistence and education for themselves and their families may be provided. There has not been, in my acquaintance with the people of this country, a moment in which so much alarm has been experienced, so much sinking of the heart felt, at the state of public affairs, in a time of peace, as now. I leave it to others to judge for themselves, who may better know public opinion; but, for my part, I believe it is the conviction of five-sixths of the whole North, that questions such as have occupied us here should not be allowed any longer to embarrass the Government, and defeat the just hopes of those who support the Government and expect to live under its protection and care. I have alluded to the argument of my friend from Connecticut, because it is the ablest argument on this subject that I have heard; and I have alluded to his intimated vote as illustrating what I consider the evil of instructing men, before a case arises, as to what shall be their conduct upon that case. The honorable member from Connecticut is as independent as any other man, and of course will not understand me to mean anything personal in what I have said. I take his case merely as an illustration of the folly and absurdity of instructions. Why should a man of his strength of intellect, and while acting for the whole country, be controlled in his judgment by instructions given by others, with little knowledge of the circumstances, and no view of the whole case? 10 I have now, Mr. President, said whal I think the North ma] d wliat it may lose. Now let us inquire bow it is with the Smith. In tin- u. 1 think that the South, if all these measures pass, will gain an acceptable satisfactory mode for the reclamation of fugitive slav< 'In- lerril acquisitions, I am bound in candor to -av, taking Maryland aa an exam] !• . instance, that Maryland will gain just what Massachusetts loses, ami tfa nothing at all; because I have not the slightesl idea that, bj anytbio • can do here, any provision could be made by which the territory ol Mexico and Utah could become susceptible of slave labor, and M useful to the South. Now, let me say, Mr. President, with greal reaped and kindness, that I wish Southern gentlemen should consider tin calmly and deliberately. There are none in this chamber, certainly, who desire the dissolution of this Union, nor in the other House ol ( mg But all the world out of doors is not as wise and patriotic as all the world within these walls; and I am quite aware that there are those who rai-<- the loudest clamor against the Wilmot Proviso, and other restrictions upon bUv< that would be exceedingly gratified, nevertheless, to have that restriction im- posed. I believe there are those stretched all along from hen- to the Gulf ol Mexico who would say, "Let them put on further restriction-; let the n push the South a little further, and then we shall know what we have to do." But, again, the Southern States gain what they think important and gratifying; thai an exemption from a derogatory inequality. They find themselves pi I where they wish to be placed, and, as far as the Territories are concer: relieved from what they consider the Wilmot yoke. This appeases I feeli wounded pride; and they gain, too, the general restoration of ;■• har- mony in the progress of the Government, in the beneficial operation ot which they have a full share. One of the evils attendant upon this quest the harsh judgment passed by one portion of the Union upon another. not on the conduct of the North or South generally, but on the conduct of particular persons or associations in each part respectively. I njusl are made by one against the other, and these are retaliated by tli >-<■ who are the objects of them. Accusations made by individual- in the North an by the South upon the whole North indiscrimin itelj , I ' travagant individuals at the South utter objectionable sentiments; and these are bruited all over the North as Southern sentiments, and therefore the - 20 denounced. In the same way, sentiments springing frc n t] ^ abolitionists of the North, which no man oi' character and sense appro.'--, are spread in the South; and the whole North is there charged as abolitionists, or being tinc- tured with abolitionism. Now, one side is just as fair and as true as the other. It is a prejudice, of which both sides must rid themselve ley ever mean to- come together as brethren, enjoying one renown, one destiny, and expecting one and the same glory hereafter. If we mean to live together, common prudence should teach us to treat each other with respect. The Nashville address has been alluded to, and it has been charged upon the whole South, as a syllabus of Southern sentiments. Now, I do notbelieve a word of this. Far be it from me to impute to the South, generally, the sentiments of of the Nashville Convention. That address is a studied disunion argument. It proceeds upon the ground that there must be a separation of the States, first, because the North acts so injuriously to the South that the South must secede; and, secondly, even if it were not so, and a better sense of duty should return to the North, still such is the diversity of interest, that they cannot be kept together. Mr. Barnwell, (interposing.) Will the honorable Senator refer to that portion of the address which contains the sentiment which he declares contains the desire for disunion in any event whatever; for that I understand is the charge against the address? Mr. Webster. What I understand about this address is this: I say the argument of the address is, that the States cannot be kept together: because, first, the general disposition of the North is to invade the rights of the South, stating this in general language merely; and then, secondly, even if that were not so, and the North should get into a better temper in that respect, still no per- manent peace could be expected, and no union long maintained, on account of the diversity of interests between the different portions of the Union. There is, according to the address, but one condition on which people can live toge- ther under the same government; and that is, where interests are entirely identical. An exact identity of interest, according to their notions, is the only security of good government. Mr. Barnwell. With regard to the first part, the honorable Senator is cor- rect, and I have no doubt at all that is the character of the address, that, un- less a great change be produced in the temper of the Northern people, and the treatment which they give to us on account of our institutions, no permanent 2! union between us could exist. With regard to the lattei • address contains no such sentiment. It states distinctly that, in I the different portions of the Union occupy with rega want of thai identity ofinteresl between them, il is abt ilutel; South that its sectional interests should be independent of the c rati >l lb. Mr. Webster. And what dot - thai mean bul separation I ]\Ir. Barnwell. N"o1 al all. It means whal 1 have North has no right to interfere with the institution of slavery, [f thai ence is Btopped, we do not contend thai there is any nece tion of the Union. Hut if it is persisted in, then the opinion of thi and I believe the opinion of a-large portion of the Southern people is, I Union cannot be made to endure. Mr. Webster. It is hardly worth while, as the paper is not ' for the honorable member from South Carolina and myself I i I at* r inl cussion about this address. If I understand it< argument, it i- a- I i it, that even if the North were belter behaved, there is a want ol of interest- between the North and the South which n Union. As far as regal ds the other remark, that the North must from any interference with the peculiar institutions of the S^u! 1 sensible man in the North thinks exactly so. I know that thi D of the North are of opinion, that the institution of slavery, as it exists in t was intended originally to be, has ever been, ami now justlj is, i t of the scope and reach of the legislation of this Govern id this ei understands. But I was saying that I can and shall not impute any senti the South, generally. Why, whom dolsit among? With whom bai associated here for thirty years? With good Union men from the South. in this Chamber, and in late years, have then nol been men from the South who have resisted every thing that threatened danger to the Union? Hav< not been men here that, at some risk of losing favor with their own | home, have resisted the Mexican war, the acquisition of ten il men who played for the last stake, and resisted the ratifit the conquest was made, by which these Territories were broughl undei the control of this Government? Sir, with these recollections, which do so much I to the character of these gentlemen, and with thes< ,tire 22 loyalty of the great body of the South to the Union, I shall indulge in no gen- eral complaint against them; nor, so far as it comes within the power of my rebuke, will I tolerate it. They have the same interests, they are descended from the same revolutionary blood, and believe the glory of the country to be as much theirs as ours; and I verily believe they desire to secure as perpetual an at- tachment to the North as the most intelligent men of the North do to perpetu- ate such an attachment with the South. I believe that the great masses of the people, both North and South, a^-ide from the influence or agitation, are for the Union and for the Government; and God grant that they may remain so, and prevent every thing which may overturn either the one or the other! [Ap- plause, instantly checked by the President.] I was sorry to hear, because I thought it was quite unjust, that all the folly and mrdness of the recent expedition to Cuba was chargeable upon the South, gen- erally. The South had nothing more to do with it than Massachusetts, or the city of Boston, or the city of New York. It is unjust to say that such a violation of the law was perpetrated by the South, or found more apology or ju.-tification in the general Southern mind, than it found in New York or in Mas- sachusetts. Mr. Butler, (in his seat.) Not a bit more. Mr. Webster. Now, the Senator from Connecticut told the truth the other day, and 1 am obliged to him for telling the truth. [Laughter.] I do not mean that it is unusual for him, [renewed laughter,] but I mean that it is a great deal more unusual, in the course of this debate, to hear the real truth spoken, than to hear ingenious sophisms, and empty abstractions. But he told us the truth in re>pect to these territorial acquisitions: that it was not the North or the South that were the real authors of that conquest, but that it was the party that supported Mr. Polk for the Presidency, and that supported his measures while in the Pre.-idency. The South, undoubtedly, as the party most in favor of the administration, took the lead; and that part of the North that up- held the administration followed, not as little lulus followed his father — 11 non passibus cyta's" — but with the same stiide as its leaders. And there- fore I was glad that my honorable friend from Connecticut, instead of giv- ing us a normal, stereotyped speech against the South, told the tiuth of these transactions. 23 There are other topics, which I pass over. I said something forn i the imprisonment of the black citizens of the North who g • i uth, navigation, and are there arrested. Thai is a serious bu iness, ind that England has complained "lit, t- violating our treaty with her. 1 think tbal it is an evil that ought to be redressed; for 1 never could see any nec< ami am fully persuaded that other means CAD he taken t,i relieve tie v alarm without committing an outrage upon those who, al home, are i American citizens. At the same time 1 am hound to say tint I know nothing in the world to prevent any free citizen of Massachusetts, imprisoned under the laws of South Carolina, from trying the question of the constitutionality law, by applying at once to any judge of the United States lor a writ ol corpus:. I do not think, therefore, that there was an) great necessity of making it a matter of public embassy. I think that was rather calculated t" inflame feeling, than to do good. But I must say, as I have Baid here' that the gentleman who went from Massachusetts was one of tie jpe< t- able men in the Commonwealth, bearing an excellent character, of ezi temper, and every way entitled to the regard of others, to the extent to whit h he has enjoyed the regard of the people of Massachusetts. Sir, 1 was in Boston some month or two ago, and, at a meeting of the | said, that the public mind of Massachusetts, and the North, was laboring certain prejudices, and that I would take an occasion, which 1 did not then enjoy, to state what I supposed these prejudices to be, and how tin . arisen. I shall say a few words on the subject now. In the lir-t p] think that there is no prejudice on the part of the people of Massacbusi of the North, arising out of any ill-will, or any want of patriotism or good feel- ing, to the whole country. It all originates in misinformation, false reprt tion, misapprehensions arising from those laborious efforts that hive !>•■- n made for the iast twenty years to pervert the public judgment, and irritate the public feeling. The first of these misapprehensions is an exaggerated sense ol the evil of the reclamation of fugitive slaves, felt by Massachusetts ami the other New England States. What produced that? The cases do not exist There has not been a case within the knowledge of this generation, in which has been taken back from Massachusetts into slavery bj | one; and yet there are hundreds of people, who read nothing but abolition 24 newspapers, who suppose that these cases arise weekly; that, as a common thing, men, and sometimes their wives and childcrn, are dragged back from the free soil of Massachusetts into slavery at the South. .Mr. Hale, (interposing.) Will the honorable Senator allow me to ask him a question? Is he not mistaken in the point of fact in regard to the State of Massachusetts? I recollect something occurring in Massachusetts, not more than three or four years ago, in relation to a man by the name of Pierson, and that there was a large public meeting on the subject in Faneuil Hall. Mr. Wkuster. I will state how that was. That was a case of kidnapping by some one who claimed, or pretended to claim, the negro, and ran away with him by force. What I mean to say is, that there has been no man, un- der the Constitution and laws of the country, sent back from Massachusetts into slavery, in this generation. I have stated before, and I state now, that cases of violent seizure or kidnapping have occurred, and they may occur in any State in the Union, under any provisions of law, and in respect to black persons or white persons. Now, sir, this prejudice, made by the incessant attrition on the public mind by abolition societies, abolition presses, and abolition lecturers, has grown very strong. No drum-head, in the longest day's march, was ever more incessantly beaten and smitten, than public sentiment in the North has been, every month, and day, and hour, by the din, and roll, and rub-a-dub of abolition writers and abolition lecturers. That it is which has created the prejudice. Sir, the principle of the restitution of runaway slaves is not objectionable, unless the Constitution is objectionable. If the Constitution is right in that respect, the principle is right, and the law providing for carrying it into effect is right. [{ that be so, and if there be no abuse of the right under any law of Congress, or any other law, then what is there to complain of? I say, sir, that not only has there been no case, so far as I can learn, of the reclamation of a slave by his ma-ter, which ended in taking him back to sla- very in this generation, but I will add that, so far as I have been able to go back in my researches, as far as I have been able to hear and learn in all that region, there has been no one case of false claim. Who knows in all New Eng- land of a Bingle case of false claim having ever been set up to an alleged fugitive from slaver)? It may possibly have happened; but I have never known it nor heard of it, although I have made diligent inquiry; nor do I be- 20 lieve there is the slightest danger ol it, t n all the i in would take instant alarm at, anj appearanci ol Buch a at this time. There i» no danger of an) such violation Before 1 pass from this subject, sir, I will say that what is this, that this principle of restitution, which has i listed in the i more than two hundred years withoul complaint, sometii ■ agreement between the Northern colonies and the South, a matter of comity, should .ill ;it once, and after tb< length ol ti mentioned, become a subjecl of excitement. I happen to ha letter from Gov. Berk< ly, the governor ol Virgil , Winthi sarhusetts, written in the year 1644 — more than two hum which he says that a certain gentleman (naming biro bad whom he supposes to have run awaj , gh ing their nam< . Massachusetts; and the member from Kentucky iy] willbi learn that it contains a precedent for what he considi rs 1 proceedingin such cases. Gov. Berk 3 that the gentleman, slave.-, has made it appear in court that they are his -l.r es He goes on to say, "We expect you to use all kind offices foi th ition 10 their master of these fugitives, as we con -tan tly es ing runaways to you." At that day I do not suppose then were slaves in Massachusetts; but there was an extensive systen ol and hundreds of persons were bound apprentices in Mas would run away. They were as likely to run to Yi:_ . uid in such cases they were returned, upon di Indeed it was found necessary in the early Laws of Massachusetts to make provision for the seizure and return of runaway apprentices. In d sions of our laws, this provision remains; and here it i- in the revi now before me. It provides that runaway apprentices shall I i the application of their masters, or any one on their ad put in! until they can be sent for by their nia-ter-; and there is no trial by jury i case, either. I say, therefore, that the exaggei and mischief arising from this right of reclaiming si duced by the causes I have stated, and one which ou r to haunt and terrify the public mind. 26 With great respect, I will also state that I think it is a prejudice to insist with so much strength upon the application of the "Wilmot Proviso" to these Territories of New Mexico and Utah, because of its apparent inapplicability, and the want of all reasonable necessity for making that application in the man- ner proposed, and as it is offensive and affronting to gentlemen from Southern States. Another prejudice against the South is just exactly that which exists in the South against the North, and consists in imputing to a whole portion of the country the extravagances of individuals. Sir, I dwell no longer upon these subjects, into which I was led rather inci- dentally by a remark of my own, as I have said, in Boston. But I return for a few moments to the general question. I will say, however, before I depart from this part of the case, that the State in whose representation I bear a part, is a Union State, thoroughly and em- phatically; that she is attached to the Union and the Constitution by insepa- rable ties; that she connects all her own history from colonial times, her struggle for independence, her efforts for the establishment of this Govern- ment, and all the benefits and blessings which she has enjoyed under it, in one great attractive whole, to which her affections are constantly and pow- erfully drawn. All these make up a history in which she has taken a part, and the whole of which she enjoys as a most precious inheritance. She is a State for the Union; she will be for the Union. It is the law of her destiny : it is the law of her situation: it is a law imposed upon her by the recollections of the past, and by every interest of hers for the present, and every hope of hers for the future. Mr. President, it has always seemed to me to be a grateful reflection that, however short and transient may be the lives of individuals, States may be permanent. The great corporations that embrace the government of mankind, protect their liberties, and secure their happiness, may have something of perpetuity, and as I might say, of immortality. For my part, sir, I gratify myself by contemplating what in the future will be the condition of that gen- erous State, which has done me the honor to keep me in the counsels of the country for so many years. I see nothing about her in prospect, less than that which encircles her now. I feel that when I, and all those that now hear me, shall have gone to our last home, and afterwards, when mould may have 27 gathered upon our memories, as it u ill have done npon <>ur tombs, tb so early to take her part in the greal contest of the Revolution, will stand, she has and does now stand, like thai column which, neat hei I petuates the memory of the first lti <->ii battle \ olution, linn, < ■:■ immoveable. I believe, >ir, thai it commotion Bhall -hike the country, tl will be one rock forever, as solid as the granite of her hills, for the I repose upon. I believe that if disasb ps arise, bringing clouds which ihall ob- scure the ensign now over her and over us there will be one stai thai will but burn the brighter amid the darkness oi that night) and I believe that, il in the remotest ages — I trust they will be infinitely remote — an occasion shall occur when the sternest duties of patriotism are demanded and to be perform- ed, Massachusetts will imitate her own example; and that, as at the breal out of the Revolution, she was the first to offer the outpouring of all her blood and all her treasure in the struggle for liberty, so she will be hereafter ready, when the emergency arises, to repeat and renew that offer, with a thorn times as many warm hearts, and a thousand times as many Btrong hands, And now, Mr. President, to return at last to the principal and important question before us : What are we to do? How are we to bring tin- emei and pressing question to an issue and an end? Here have we been seven a half months, disputing about points which, in my judgment, an practical importance to one or the other part of the country. Are v. dwell forever upon a single topic, a single idea? Are we to forget all the pur- poses for which governments are instituted, and continue everlastingly to pute about that which is of no essential consequence? I think, sir, the country calls upon us loudly and imperatively to settle this question. I think that the whole world is looking to see whether this great popular Government cai through such a crisis. We are the observed of all observers. It i- not I disputed or doubted, that the eyes of all Christendom are upon us. W stood through many trials. Can we >tand through this, which takes BO much the character of a sectional controversy? Can we Btand that? I inquiring man in all Europe who does not a-k himself that questi day, when he reads the intelligence of the morning. Can this country, with one set of interests at the South, and another set of interests at th< North, these interests supposed, but falsely supposed, to be al \ lliance, i in people see what is so evident to the whole world betide, that this Union 28 is their main hope and greatest benefit, and that their interests are entire- ly compatible? Can they see, and will they feel, that their prosperity, their respectability among the nations of the earth, and their happiness at home, depend upon the maintenance of their Union and their Constitu- tion? That is the que-tion. I agree that local divisions are apt to overturn the understandings of men, and to excite a belligerent feeling between section and section. It is natural, in times of irritation, for one part of the country to say, if you do that I will do this, and so get up a feeling of hostility and de- fiance. Then comes belligerent legislation, and then an appeal to arms. The question is, whether we have the true patriotism, the Americanism, necessary to cany us through such a trial. The whole world is looking towards us with extreme anxiety./ For myself I propose, sir, to abide by the principles and the purposes which I have avowed. I shall stand by the Union, and by all who stand by it. I shall do justice to the whole country, according to the best of my ability, in all I say, and act for the good of the whole country in all I do. I mean to stand upon the Constitution. I need no other plat- form. I shall know but one country. The ends I aim at shall be my coun- try's, my God's, and Truth's. [Applause in the gallnics, immediately sup- pressed by the Chair.] I was born an American; I live an American; I shall die an American-; a»d I intend to perform the duties incumbent upon me in that character to the end of my career. I mean to do this, with absolute disregard of personal consequence^. What are personal consequences? What is the individual man, with all the good or evil that may betide him, in com- parison with the good or evil which may befall a great country in a crisis like this, and in the midst of great transactions which concern that country's fate? Let the consequences be what they will, I am careless. No man can suffer too much, and no man can fall too soon, if he suffer, or if he fall, in defence of the liberties and Constitution of his country. * < ccc « C9G ~< y c ~ - , _ *-- C ( - c - oc <- ccc cr « c dicccc c c I "dO <^C c C t -cr c - c « e C - G < c at « C <3c c c <: «r . CT'C Cc cccc c r ccc< < c - cc c*r c< CC C/ CCC r CvCc Cccr-c -«^ c L c2 c : cc *.<- ■< etc < «^v <«; :•< i c «c_ «■ "c < Cc c4 c: « .ccc CCC « c c cc ccc cc cc c c c ■ 'O CC c < Ci« tr < » «^* CO' €c'" < <"• « < < - < <• < V « «' « « « < < *■ « * »<■««<<« « « « c o < *• < < < c « «: ■ : < « << ■ - * « < . t< < re; < < ' ! < « - .« H . * * 4 . >