>^^ . u •?• . '■vr^ ^-^^^ V %<.■>- t V .^ - - - »^- v^ ^V ^^..c,*' .V^. .^•^„ ......if.. ^<,v-^^ '.^liS'.- .■i'i^o;. ''M^: .<.^-V. -■ ^,^* *' ^^' '^ •..0' o"^ '^-^^ ...,. .V 'bV' ^^-^^^ ^0- ^0 "^^/^-rr."^*- ^^ '^ >^ o. > - s • • » #-^ ri> n • «r» * * -.^ < V ^ '* .N^ ' e « o :< '^o v^ : K<^^ o* . . - *> V ^^^c,^^ ^'^.^ V* ^^ ^^^api^.* j^ u ^yi^'^*^^' ^^^ '-NHS V .'i:a^- ^^ ^h. "^^ r.'^r^^ ' ^^"..^-^/-^o. ,-^ .'J^z^^^-i^ ^ov^ PERMANENCY OF FREE INSTITUTIONS. , {? SPEECH %v^ J' HON. W. McWILLIE, OF MISSISSIPPI, IN THE HOUSE OF REPRESENTATIVES, MARCH 4, 1850, In Committee of the Whole on the state of the Union, on the President's Message com- ^y/^ mvnicating the Constitution of California. Ky — Mr. McWILLIE said: j go beyond this hall. The speeches that have been Mr. Chairman: I do not rise for the purpose !i made, the ini[)ediments to organization that have of replying to those who have preceded me in this j[ occurred, and the whole action of the House, debate, nor is it nny intention to make a party j must point every sane mind to the dangers that speech. I may not even refer to the two great | threaten us. national parties which have heretofore divided this ij But, Mr. Chairman, it is not oidy here that we country. A question paramount to all considera- i see thisagitation and excitement: it has entered tions of party should now occupy our thoughts. ^; the social circle, and is breaking down all those The permanency of our free institutions is the | kindly feelings which oughtto exist between mem subject of our discussion. Yes, sir, 1 believe as much as that I now address you, that the Union is in danger. I look around me and I can see no bers of the same Confederacy. It is impossible, from the very constitution of our natures, that we can love those who make it a business to revile and point of safety. On the one hand I see nearly all [ traduce us. And you know that it is the constant the northern States being arrayed against the South '' habit of many at the North to speak of us even as on the slavery question; on the other, I see the ! worse than pirates. In your public press, in your South, State after State, assuming the attitude of ^ public assemblies and churches, our institutions resistance and defiance. Sir, 1 know the past of j are the theme of constant denunciation. They ray country — I see and deprecate the present — but ' are spoken of as a national disgrace. Why, sir, to me, at least, shadows, clouds and darkness rest ]j even already, so far as the Union of the Slates «pon the future. I know not what that future is i; was dependent on the union of the Churches, we to be, but I do know that its complexion in a great [ have in some of them actual, practical dissolution, degree is to be taken from the action of the pres- i] We have the Methodist Church North, and the ent Congress. I believe that our deliberations in ij Methodist Church South. The same division has a national point of view are more important than ; taken place in the Missionary Baptist Church — those of any deliberative assembly that has taktn ;] and it is with ditiiculty that the union of the Pres- place since the adoption of the form of govern- 1| byterian Church is retained. Are not these facts ment under which we now live. The Union of ij portentous r Ought they not to warn us of danger? these States is the subject of our discussions. Sir, il The same causes that have made a Church North I know not how to approach it; its magnitude and |i and a Church South will, if not arrested, make a importance overwhelm me. Even when sus- j Confederacy North and a Confederacy South — tained by the promptings of duty and of patriot- 'i like causes produce like effects. Discord separ- ism, I would not dare to enter upon this discus- j, ated the Churches— discord will separate the States, sion were it not that I know that the genius of my i| But it is not only here, in the hnlls of legisla- country, liberal as the God I worship, only re- |i tion, in the social circle, and innhe churches, that quires my best endeavors when sanctified by the j| difficulty exists, but even in the election of our best affections of my heart. Yes, sir, my country present Chief Magistrate, it was an element of has my heart; I love it— I love it all— North and political power, and so great was the hostility of South, East and West. 1 love it, because it con- ' the two sections of the Union, that he had to be tains the ^^raves of my ancestors, and is the home supported at the North as the anti-slavery candi- of my wife and my children; I love it, because in it i: date, and at the South as the pro-slavery candi- I have a common history, a common inheritance, :' date. In other words, so great was the hostility a common glory, a common liberty, and a common tl of the sections, that the people had to be deceived, hope I love it, because it was founded in the toil that politicians might be enabled to induce them and suffering, and blood of the Revolution. 1 : to act together. Sir, in consequence of this hos- love it, because our fathers, in their wisdom, ' lility of the North and South, in the last Presi- ioined us in political Union. I trust, 1 hope, 1 : deniial election, there was no expression ot the pray, that nether ihe ambition of the few, nor the ; popular will, on the most impottant and vital madness of the many may ever be able to sunder I question that has ever agitated ihis nation. la these States, which God had seemed to have joined 'i other words, the people, by their suffrages, ex- together. It is for you, my brethren of the North I pressed no opinion. They lost the control of --yes, 1 will yet call you brethren- it is for you ' their own Government; and this is the rc^soa to determine what are to be our future relations, i. why the whole executive department of our Gov- The agitation comes from you; you are the actors, i; ernment now stands dumb m the presence of the and upon you rests the responsibility. The h power of abolition. Sir, are not facts like these suf- South asks but equality and justice-she can j; ficient to alarm every patriot? But, m addition to never take less. Sir, I have said that the Union all this, you have been told, by the member front ig in danger. For proof of this fact I need not H North Carolina, [Mr. Cungman,] that no further legislntion is to be had in Bupporl of Goverii- meni, unless these agitations be stayed ; and that otherwise, here and now, tliis Goverrmcnl ehtill perish. This curnes from the Whig side of tiic House, which claims to be tiie Conserva- tive; and from the Whig and Conservative State of North Carolina. I arn no alarmist. I appeal to no man's tears; but 1 do appeal to the ;;ood sf nse and patriotism of this House and this nation. 1 warn them that this Union is in danger; and 1 tell them that the South is now prepared to prtsenl the iiiternative of domestic tranquillity, equality and justice, or separation. Sir, the time has come when every man who loves the Constitu- tion of his country, must be prepared to stand by, or, if ncce.ssary, to pcnsh lor it. Yes, sir; the time has come when liie nation expects every man to do his duty. The time has come when llioughts of patriotism, and such thoughts alone, •'.Moiif; dur hearts re«|ioiiilini; striiiei; should run, Nor kt ;i tone tlicrf vibratf tiut Uie one." Ves, sir, the man who, on an occiision like the present, could think of himself or his prospects, would desert the flag of his country in the hour of battle, or would sell his country's liberty fora con- sideration. Every man who has given his serious attention to this question, must now be satisfied that it has reached a point at which delay in its adjustment must be accompanied with the greatest danger. Its progress is onward — and the nation even now trembles beneath its tread. The time was, when this agitation was confined to a few fanatics; but now it has become an element of po- litical power and sectional aggrandizement, utterly incompatible with the existence of the Union. Then it was but a speck upon our political hori- zon — "a little cloud not bigger than a man's hand ;" but it has grown and spread, until now it covers near all the sky. The lightnings flash amid its tempestuous folds — the thunders roll along its mighty base — and the temple of our Union and our liberties is shaken as if by the upward heav- ings of volcanic fire. The nation is alarmed, the star of our destiny is being darkened, and the glorious light of liberty and of hope is paling upon our path, 1 fear, forever. Yes, sir, the danger is most imminent; already the instruments of revolu- tion are at work. Nearly, if not quite all, the southern Slates, by conventions of the people or by their Legislatures, have declared their fixed and unalterable purpose of resistance, in the event of further aggression — and a Southern Convention is already preparing to meet at Nashville, in June next; while in the northern States, the Legisla- tures of near all of them arc passing the most of- fensive and aggressive resolutions, instructing their Senators in the other end of thisCapitol,and requt.-'ling their Representatives on this floor to execute iliese resolvcf. While at the same time the .•\i)oliiion societies and conventions at the North — the sa[)ptr8and miners in thisarray against the South — arc urging disunion upon the people, and denouncing our glor'ous Coniititution " as a lea^'Uf: with Deiith and u covenant with IIcll." Sir, rondncKH rules the hour, and the South, lo appear- ance, will be left with no alternative but disunion or unccjndiiiunul submishion. If this alternative is for' td upon us, we know our duly to ourselves and our poHH:rity, and we will dare to do it — even though II bhould dissolve the Union. This is »;lrong Inngtiagc; and I am uware that there are ilioHe who will nttemjit lo brand me as u dis- unionint; but, Bir, I repel the charge oj unfounded luid unjUKt. If I know myself, sir, there has never been one day in my existence in which I did not stand ready lo peril my life, if necessary, in defence of this Union. Yes, sir, I love the Union, bat not as it is loved by the member from Ohio, [IVlr. Root,] or the member from Massachusetts, [Mr. Man'.v,] or the member from Pennsylvania, [Mr. Stevens,] or the member from Illinois, [iVlr. Cis- 6ELL.] They love the union of these States just as despotic and cruel Austria loves the union with Hungary. They love it so well, that to preserve it they would give the people of the South to the sword, and our beautiful fields, and villages, and cities to the flames, accompanied by all the hor- rors of servile and civil war. God deliver the South from such union and such patriots. Yes, you would do just as Austria did — ^you would call in the aid of Russian butchers. Such are your attachments to the Union, and such your tender mercies to the South. Sir, if this be the Union that the North loves, I must say it has my utter detestation and scorn. You claim us as your slaves already. The Union that I love is the union of equality, and justice, and fraternity — the Union of the Constitution. Yes, sir, the Consti- tution is'the Union. We have no other bond of union. Ours is a Union of law and not of force. It had its origin in the common consent of the people. It was founded on principles of justice ; and every encroachment upon the Constitution is an attack upon the Union itself. I appeal to mem- bers of this House, and implore them to respect its guarantees. " We ask nothing but what is right — we will submit to nothing that is wrong.'" We would disgrace the ancestry from which we sprung if we were lo submit to the aggressions of unauthorized power. We would be unworthy the name of Anglo-Saxons. Our fathers resisted the duty of a penny a pound on tea. It was not the amount of duty, but it was the power claimed by Great Britain to legislate for us in all casee whatsoever. It was the right which she asserted to tax Englishmen without representation. With us the question is not only one of principle, as it was with our fathers, but it is a question of ex- istence. We should bear in mind what has ever been the course of power when led on by the fell spirit of fanaticism. We have an example of it in the island of St. Domingo, once the most wealthy and beautiful isle of the Indies. Now it is almost buried in barbarian darkness — a waste and a desert. There Abolition carried fire to every dwelling, and quenched the tlaincs in blood. Sir, such may be the fate of the southern States if tliey yield upon this question. Fanaticism has never yet let go iis hold upon its victim, unless when compelled by force or fear. Mr. Chairman, I am aware that there are still some, I hope many, men at the North, who have not yielded to this fanaticism; and who, if they could, I have no doubt would gladly arrest this aggression. But so many of both political partiee have more or less commitied ihcmselvcs to the doctrines of Free Soili.--rn, that I must say, that when it comes to voting on this floor, our cause appears to be almost, if not (piite hofieless. But I will not even yet despair of the Republic, and will continue to hope that at least those on this side of the House who in times past have stood by the Constitution, will continue to do so; and I trust that, on the other side, there may be some who will be [)re()ared to do us justice, and save tho Union. For 1 repeat, that I do not believe that ihui Union can eurvive the diefrancbisement and degradation of the southern States. Sir, I do not aa.y this in the language of threatening. The South makes no threats; she simply tella you that we must respect each other's rights or separate — that we must agree better than we now do, or we ought to part company. The South loves the Union, but she has never yet tliougiu of waging war against the North for the purpose of effecting a change of pubhc sentiment; nor has she yet pro- posed in her extremity of attachment to the Union to ravage one half the States with fire and sword. All we say is, that we will assert our rights, and that if it becomes necessary, we will meet force with force. Yes, sir, we of the South will resist aggression if it be forced upon us — we know the price of freedom, and if necessary we will pay for it. We know that no people have ever long been free, unless they stood ready to defend their rights — the conservators of their own privileges. In ordinary times the Constitution is a sufficient pro- tection , but in times like these, when prejudice and passion and the thirst of sectional power control in the halls of legislation, constitutions are value- less, only aa they define the boundaries of power and of privilege, and teach us where resistance .should begin, and where aggression must cease. The privilege of bearing arms, and the courage to use them, is at such times of more value than all the constitutions that have ever been written. No people can be long much misgoverned who have arms in their hands and the knowledge of their use. We know that the Tree of Liberty has ever been watered with the blood and manured with the bones of patriots — all the liberty now upon the earth has been purchased by the blood of our race. If necessary, we will do as our fathers have done before us. Sir, I would ask why do our northern brethren force this alternative upon us ? Why do you urge upon us a state of facts utterly hostile to the Union and in violation of the Constitution ? Has not our Government at least to you answered the purposes of its creation? Have we not grown and pros- pered beyond any people ever upon this earth? Have not the lines fallen to us in pleasant places, and have we not a goodly heritage — tlie heritage of liberty, equality, and abundance? We have already grown from thirteen to thirty States; and have territory sufficient for many more. Our eagles, from their eyrie on the Rocky Mountains, dip their wings in the Atlantic and Pacific oceans, and our banners float upon the St. Lawrence and the Rio Grande. We can almost say, the conti- nent, the boundless continent is ours. A destiny so gieat,so glorious has never been granted to any people. I would again ask, are these blessings all to be sacrificed? I trust not : there is, however, but one way in which they can be retained, and that is by respecting the guarantees of tlie Con- stitution, and giving even-handed justice to the South. We have never asked more than equality with our sister States — we have ever acted in that spirit of concession and compromise in which the Constitution was adopted; and we have never once given to the North cause to complain of an aggres- sive spirit; nor have we ever violated one con- dition of any compromise which we have made. We have ever been generous and forbearing. Virginia yielded for the sake of harmony and equality all the territory north of the Ohio as free States which was previously slave territory — we divided Louisiana and Texas with you, both of which were slave territory — and in the session of Congress before the last, we offered almost unani- I mously to accept the Clayton compromise bill, and we received but twenty-two Democratic votes and ( not one Whig vote from the North. I would aak i what did that bill give us? Why nothing but simply I the right to try the constitutional queation at issue j between us, in the courts of the Union . Even this you denied us and shut us out from the courts of j justice. And at the last session of Congress you rc- j fused to pass Walker's amendment to the n[)pro- j priation bill, which simply e.xtended the provisions of the Constitution to New JVlexico and California I — even this you refused us. I submit to the candor \ and justice of tliis House and this nation, if we ■ could have asked or taken less? You deny to us i the guarantees of the Constitution, and still expect ] from us submission. This is impossiide. Sub- mission to acknowledged wrortg, would be social and political degradalion. We cannot be brought to this. Mr. Chairman, I have charged against the I North that she has disregarded her constitutional I compact, and that she invades our chartered rights. j This is a circumstance calculated to excite the ; most melancholy and alarming reflections. But it is not the less true. Heretofore our contests have been as to the effect of measures; but now the Con- stitution, the ark of our political covenant, which contains the plighted faith of the States and of the people, is the object of attack. Yes, sir, the Con- stitution by which we live, and for which, if ne- cessary, we should be prepared to die, has been despised and rejected in reference to the rights of the slave States, and every invention of the imagination is set up in opposition to it. 1 presume that there is not a man within the sound of my voice who does not know that the last clause of the 4th article of the Constitution (in reference to fugitive slaves) is now a dead letter. That article requires that such slaves shall be delivered up on claim of the owner — thereby making it the duty of the State to attend to the delivery. This most, if not all, of the free States have refused to do, and some of them have nullified the Constitution by the most prohil)itory laws on the subject. This clause of the Constitution is in the same words as the clause immediately preceding it in reference to fugitives from justice, and that has generally been executed in good faith, thereby showing that there is no ground for explanation on the plea of difference in construction. This is a point in which the viola- tion of the Constitution has been so flagrant ;is to have no defenders. Then, if the Union be but the creature of the Constitution, it follows as a corol- lary, that liere is practical disunion. According to the law of nations, the violation of one article of a treaty by one of the parties to it, is a violation of all, or, in other words, discharges the other con- tracting party from any obligation to respect its other provisions. Thus in our compact of Union between the several States. This is one cause of complaint established, and not denied by our north- ern brethren. But we have many more. The constant agitation of the slavery question in this District, with a view to its abolition here or else- where, is of mischievous tendency, and destructive of the domestic tranquillity of the States, (which was enumerated, as one object of the Union;) and if it were to be carried into effect would be in bad faith to the slave States generally, and to the States of Virginia and Maryland in particular; and would, in my opinion, be a violation of the Constitution. I am aware that many able men have given a different construction, and that, under the clause in the 8th article of the Constitution, g:ivin» lo Congress the "right to exerrisf exclusive legislation in ail cnses whatso- ever" in this District, the power may be plau- sibly claimed ; but I cannot think that it can be justly claimed. Those who chiiin the power for Oonjjress, do 60 on the ground that exclusive legislation is synonymous with unlimited power of legislation. I think this is a misapprehension. For instance: this Congress and the State Legislatures have exclusive legislative power over the States and the people of this Union. But they have not all power. They have only certain delegated powers, and the balance remains in the keeping of the people, the sat'est and best depository of power. It is manifest that the grant of exclusive power of legislation as giveji in the Constitution, dors not mean unlimited power, but is simply the grant of power under the general provisions of the Consti- tution, and must be exerci.sed simfily with the view of executing the objects of the giant. Eitlier this is the true construction of the grant, or in this District Congress has unlimited power — even the power to sell every freeman into perpetual slavery. But upon any fair view of the Constitution it is impossible to maintain this construction of unlim- ited power — for by the Constitution " the trial of all crimes except impeachment shall be by jury." I hold that Congress cannot abolish the trial by jury in this District. And further, a con- viction in this District for treason could not "work corruption of blood,'' bccau-^e the Constitution e.x- pressly says "that no attainder of treason shall , work corruption of blood, or forfeiture except ii during the life of the person attainted." Here is h another restriction of the power of Congress in this il Distri.:t. But such restrictions are too numerous | for me now even to refer to them. See the 1st ar- ij tide of the Amendments to the Constitution, which | is in the following words: "Congress shall make, ' no law respecting an establishment of religion or J ' prohibiting the free exercise thereof; or abridging it 'the freedom of speech, or of the press, or the right i ' of the people peaceably to assemble, and to peti- ' ' tion the Government for redress of grievances." j la there any one here who, in the face of this , express provision of the Constitution, would con- , tend that Congress has the right, in this District, ij lo establish a Church, and prescribe a form of worship, and fi.x a creed; or to abridge the free- dom of speech, or of the pres."*, or the right of ; petition '. If not, then the power of C(mgress has i limitations, and these are fixed by the objects of;' the grant and general principles of the Constitu- tion. In fnct, all of the twelve articles contained in the .Amendments to the Constitution but one, '. arc limitations upon the power of Congress here, and in the Stot^a and Territories. In truth, the whole theory of our Government, State and Fed- ' eral, is predicated upon consiituiional restraintsof i power. There is no power in this country which i u not limited, except the jjower of the people; and , even this uliim tte power hits to be exercised ac- cording to certain prescribed forms, or it isrevolu- lionnry. | If the conclusions which I have staled be not true, then every citizen of this District has no other tenure for his life, liberty, or property, but in the will of Congress ! The siippogiiion of such « »l/ite of fi'ts is monistroiis, and would be abhor- rent to every .VtiieruMn henri. If, then, It be conceded, as it must be, that the pow'r of CongrcBs in this District is limited, I ) would aik, in what is that limitation to be found ? ' 1 think the natural unawcr mu&t be, that it is to be I found in the object and nature of the grant. These were plain to the minds of the framers of the Constitution, who pim[>ly desired to confer upon Congress, in the Ten Miles Square, such power as would enable them — freely and without re- straint — to carry out all the other provisions of the Constitution in which this particular provision is contained. Can it (by any sane mind) be contend- ed, that the grant of exclusive legislation in this District was intended to confer upon Congress any power outside of the Constitution? The suppo- sition i.s absurd. Tlie grant was made simply that Congress, and the other departments, might at all times be in a situation to perform their duty under and by virtue of the Constitution. No one will have the impudence or folly to contend, that the abolition of slavery here or else- where, was one of the objects of the grant. If it was not, then it follows, necessarily, that no such power exists in Congress. And 1 think I am for- tified in this view of the subject by the fifth article of the Amendments to the Constitution, which con- tains the following clause: " Nor shall private property be taken for public use without just com- pensation. " The Constitution thus negatives the idea tliat private property can be taken for any other purpose but for public use, and then upon just compensation. Abolitionism would take it without just compensation, and for no public use. I might follow this subject further, but I will re- frain, by simply saying, that I am satisfied that 4 Congre.ss has neither the right to abolish slavery in this District, nor to appropriate the jjublic money to any such purpose as compensating the owners of the property for its value. I suppose, even in these days of latiiudinarian construction, it will not be denied that there is a limitation of the objects to which money may be appropriated by Congress. The next proposition to which I shall call the attention of the committee is, the question of sla- very, as connected with the territories. This is a fearful question — one which will, and which ought to dissolve this Union, if the claims set up by the North are to be insisted upon. I will ask, sir, what are these claims? Why, they are sim- ply that the free Stales shall take for their exclu- sive use and benefit the whole of the territory now owned, or which hereafter may be owned by the United States — excluding the slaveholding States from all participation in the territory ac- quired by the common blood and treasure of all the States — with the resulting consequence, that slavery ie to be confined to its present limits, and that no slave State shall ever hereafter be permit- ted to enter this Union. This would be a most iniquitous proposition, even if it had the sanction of the Constitution upon ils side; but when il is re- flected that it is as gross a violation of the Consti- tution, ns it is of the common principles of hon- esty and justice, how can it be expeeieO that tlie .•southern States will submit to it? They ought not — they cannot — they will not. Mr. Chairman, 1 intend to speak plainly, be- rause I think wc ought to understand each other. I will, then, aay that my mind is deliberately made \\Y to the conviction that the South ought not to take less than the Mis.soiiri compromise, with such guarantees ns this Government ran give that the agilaiion of the slavery question shall cease in reference to this District, and in Con^'iess general- ly, and that the non slaveholding States shall be required, cither by the action of Congress or the action of their State Legislatures, to abide by and execute that article of the Constitution which malii t<> i-xaiiiiiie iiiId it:« character, anil into the pos- sible extent l" which it may be carried, know th.il it is un- liiiiitPil in Its iintnre, except in so I'ar ixa niiy liniilalioiis may be iDUnd within the Coiistiliition of the Unitid Slates; liiit D(K)n thi> Hiilijecl there is no limitation whu h prescribes Itje extent to which the power shall be uxe rciscil." Here is u^mu the distinct averment, that a.s the Constitution has not withheld power from Con- gress, that consequently it has {.he power which is not withheld. This is the most laliludinarian con- struction of the Constitution that I have ever met with — and against which I enter my solemn pro- test. And will refer to the lOih article of the amendments to the Constitution, which declares that Congress has none but granted powers. Mr. Chairman, I will conclude this branch of the argument by calling the attention of the com- mittee to the supposition that it had been pro- posed in the Convention that framed the Con.slitu- tion, and recommended it to the people of the States for their adoption, that no slave territory should ever be acquired under it, and that no slave State should ever enter the Union; and that the ten miles square auliiorized to be purchased a.s the seat of Government sliould be u.«ed as a hot-house in whicli to torce the growth of abo- lition; and that the clause in reference to fugitive slaves was inserted in fraud, and would not be executed; and that the non-slaveholding States, by the action of their Legislatures, would make it a dead letter. I ask, sir, if such propositions had been made in the Convention, or suliinitted to the States, would they have received one single southern vote.' or would the Constitution have been adopted.' Then, sir, if the Constitution could not have been adopted containing such pro- visions, is it not palpable that no such provisions were in it at the time of its adoption ? I know no better way of ascertaining what wise men have done than to ascertain what they intended to do. The intention of the parties to a treaty, covenant, or other contract, is always an important matter to be ascertained in view of obtaining a right con- struction of the instrument. The intention of the legislator is always looked to in tiie con.«truc- lion of a law when doul)t arises as to the true construction. Now, sir, let us subject the claims of the North to this test, and they cannot stand one moment. We all know that the Constitution never coijld have existed tniitainiiig such pro- visions; and, notwithstanding this, there arc men here, and el.sewhere, who claim this power for the Federal Government. Nothing can equal the absufdiiy of this claim but its gross and palpable inju.Niice. Yes, sir, even lulinitiing the <'.onsiitu- tH'nal power to be in Congress to do what I fear will be (lone, the act wmild then be no belter than highway robbery. And I hive heard nothing wild III its vindication, either here or elsewhere, except a certain fashionable cant about all men being born free and cquul, and the power of ma- jorities. Now, fir, I have great respect for the action of such iinjonties as arc prescribed by laws and constitutions, but 1 had lailier have any other king than king numbers, as now presented to our acceptance. The most frightful despotism upon earth would be that of an uncontrolled, un- checked, sectional majority. It would make ours a government without limitation of powers — a great sectiona despotl^^m. 1 am aware that much is said about the rights of majorities, and that many jioliticians speak of majorities as subjects do of their monarchs — as though they could do no wrong. But majorities may be wrong as well as minorities, and majorities have no other rights than such as they derive from the Constitution. Minorities have the same rights, derived from the same source. All our majorities for the practical purposes of legislation are constitutional majori- ties, and not mere majorities in numbers. And this is the crowning beauty and excellence in our systems of free governments; that is, that ours are governments of constitutions and laws, and not of men — no, not even of majoritcs of free men. All are in subordination to law, and all have the protection of the law, minorities as well as majorities. While the guarantees of the Con- stitution are respected, a minority has the same protection in life, liberty, and property as if they were a majority. The law does and ought to act alike upon every citizen. Mr. Chairman, I would warn our friends here to be cautious in relation to the claims set up for mere numbers, without proper regard to the Con- stitution. The idea is full of danger, as was illus- trated in the horrors of the Reign of Terror in France, which was simply the reign of an un- checked majority. In these days of progress, there is danger that the rights of minorities may- be lost sight of, in the assumptions of majorities; and that the greatest good of the greatest number may become the rule of action, without reference to the law or Constitution. This is the language of demagogues. The language of th.e Constitu- tion is, the greatest good to the greatest number, without injustice to any, and in subordination of the Constitution. This is what we ask of you, and this is what you refuse to us. For the pur- pose of illustrating the claims of the South, 1 will suppose a case of three men who have been acting as partners for ten years, and at the end of that time, they meet togethei to arrange their business and divitJe their profits, when, to the astonish- ment of one of the three, he finds that the other two have united !\gainst him, and determined lo take all the profits to them.5clves, though he had given his time, his lalior and his money to the firm, as faithfully as either of his partners: would you expect the third man, who had been thus treated, to remain in the firm, and more especially when he was told that, for the future, ho would be expected to labor as usual, and to contribute his money, but was to ex|>cct no better treatment ' This is a case precisely analogous to the situation of the southern States. They jointly, with their co-States, have acquired territory by contribu- tions of blood and treasure, and now they are to be excluded from those territories, and are not, for the future, to expect any lielter treatment; for I understand that hereafter the policy of the North is to be, that the w hole power of this Gov- ernment is to be exercised against the institution of slavery; in other words, the South and her in- stitutions are to be put under the ban of the em- pire, and we are to be made the hewers of wood and drawers of w:iler. We arc expected to share all the burdens of Government, while wo are to be permitted none of its benefits. Do you ex,- pect a proud and chivalrous people to submit to treatment like this? If you do, you will be dis- appointed. By way of illustration, 1 will reverse the case, and suppose the South to assume the ground that hereafter no free State should enter this Union, and that all the territory acquired ehould be slave territory, and that the whole power of this Government should be exerted for the extension of slavery, and that the free States should be put under the ban, and that the whole influence of this Government should be brought to bear against the free Slates and their institutions. You would think us mad if we were to assume such a position. But it is a bad rule that won't work both ways; and I defy any man on earth to show one good reason why our pretension would not have the same foundation in right, as yours. We are your equals under the Constitu- tion, and in every other respect. The Constitu- tion says, " the citizens of each State shall be en- titled to all the privileges and imnnunities of the citizens of the several States." If you would submit to such treatmejit, you ought to be kicked out of the Union, as unworthy to remain in it. The same may be said in relation to the South, only 1 can assure you, she will not wait to be kicked out. Many here, and elsewhere, appear to have a holy horror of the institution of slavery, as though it was now heard of for the first time, in the history of our country or the world. They forget that their fathers sold us most of these very slaves, and guarantied our rights of property in them, under the Constitution, for a consideration which has been paid. Some of the very negroes that your fathers sold us, are still living; and, though they are removed one thou- sand miles from you, they trouble you over-much. Your conduct puts me in mind of the Pharisee, of whom we are told, that when he stood in the Temple and prayed, he thanked God that he was not as other men — not as the poor Publican who was before him, I suppose many of you thank God that you are not as we slaveholders; and 1 suppose some of you, in the spiritof the Pharisee, even when you look upon the portraitof Washing- ton which hangs upon my left, the ornament and the honor of this hall, thank God that you are not such as he was, for he, too, wasa slaveholder. But he was first in war, first in peace, and first in the hearts of his countrymen. Yes, sir, he led your armies in battle— he led them to victory and glory. He founded an empire, and will through all time be known as the Father of his Country. But strange to tell, so great has been the progress of some in this progressive age, that his memory was traduced by one of the leading speakers in the late Abolition convention at Syracuse, New York. In this convention the Union was denounced— the Constitution was denounced, and the memories of Washington, Jefferson, and Madison, were tra- duced because they were slaveholders. Are not these men mad .> They are either mad or worse; they are traitors to all the glories of the past and all the hopes of the future. I know that some men are fanatics on this subject, and are possessed with a piety so transcendental that they fear that they may be offered up as a vicarious atonement for the ems of the South. But 1 think 1 can ven- ture to give such the assurance, that the sin (if sin it be) is our ein, and that it is in vain that they trouble their consciences with it, and that they are not responsible for the matter by any law, either human or divine,- and I think that if God has borue with us for two hundred years, and has made us the most pros|)erous and happy people upon the earth, that they might also bear with us, particu- larly as they or their ancestors assisted to fix the institution upon us. Mr. CliiiirinaM, tlieru i^< one tliiii;^ (liul I can bay on ihit suliji'Ct ill viiidii aljon of the Soulli, and ii is tli:K: lliat :i,UUO,(>i)U of till' iit'Kro race liavf iiivlt lit:r(ire,iii any piirtiun of llii; locoiitid history of man, Ikm^ii an iiiuili I'lviii^i-d or chtistiani/.L'd as Uhk-'U now in llic (Jniii'd Sialux. And I would t^iiy, that any in in who will auind llio clinitli i ways are not as onr ways, nor hi-tthoui^lit.-iaH ourlhoujilitx.'' Tiiore are many who suppose that slavery is a »<.cial and political evil, and for this rea.-on Uiey reluse to l«;t it -ioio the territories. But if it were the evil winch they iiiMsl it is, why sliall the whole biirilen of ii be thrown up m the present slaveliolding Stales.' Wliy not let the new tStati.s lake their share of it.' In what are tliey belter than we? 1 1' this wasa new (jnestion, as to the iiitioduetioii ol slavery into the United States, I could understand the /,eal of the North as reconcilable wiili principles of patriotism and hon- usiy — hut we do not propose to make any freeman a slave; nor do we propose to open the African slave trade. No, nothing of lliis kind is sought to be done. All that we a^k is, that the master, with his slave, may be p riiiiltid to en- ter the common territory of the Union. We ask it, Irorn the conviction that it would be better for both. It would certainly be belter for the slave, as he is belti t provided for in a new and abundant country than in an old and exhaust- ed one. Also, the dividing of the slaves into many hands would add to their comfort and the lacility of their final emancipation ; especially if New Mexico and California are not suited to slave labor. If this be true, every .slave carried there would soon become a free man. In soiir* of the slave Stales the negro population is as large as the while. While this state ofthinirs continues, cmancipa tion ill these Slates is morally impossible. Under such cir- cumstances, it would of necessity result in social and po lilical equality. And even our northern friends have yt t some prejudices on the subject of color. I see that in the good old Bav Suite Uiere is even now a struggle going on to keep the negro children out of Uie common schools. And I presume those of you who have faniilii-'s have some pre- judices of color in your parlors; and Cuffy is not tveii there on a foo ing with the descendant of the Puritan. I suppose that the descendant of the Huguenot and Cavalitr may be allowed the same prejudice's. Mr. CUiairman, there is one view of this futijeet which has alwavs suuck me wiUi some surprisi, and has con- strained nie to doubt the sincerity of the abolition movement as a measure of philanthropy. It is Uiis : I never hear of the Abolitionists, Free Soilitrs or Wilmot piovisoists paying anything to the cause of negro emancipation— I have heard of few cases in which they have ever puri'hased the freedom of a ^lave. Now, if they are sincere in this matter, it would not cost them anymore to emancipate my slaves than U would cost me. And really, if they are in earnest, why do they not buy the freedom of Uie slaves, and Uike them to their homes and minister unto them .' 'I'liis would at least show honesty and sincerity, and their works would illus- trate their faith. I have never had much faith in lho.,e who talk much of charity, but neverglve. Vou propose lo de- stroy .■JljS'JOjOOUjOOU of our properly, while you do not give a dime to the same object \ ourselves. It might from this be inferred thalmo>t of your philanlhropy was intended for home consumption, and lo keep your seaUs here. Il is with small men a convenient means of temporary advai^ccmenl: and with ambitious and bad men it is a means of personal and sectional iiggraiidizemeiit. You are the worst enemy llie slave has on earth. You rivet and tigluen his chains. I have heard the objection uiged against ihe instiuition of slavery at the South, that it entered into competition with the free labor of the' North, and, therefore, must be aboU ishod. This is agrarianism. It is confi.scating the estates of one-half of the people of this Union for the benetil of the other half. And permit me, in this connection, to suji- gest to my friends of the North, Uial when they have golK-n through with this neirro agrarianism, and the agrarianism thai is going on in relation to Uie public land, that the neit move may be real bonafite agrarianism at home. The idea that all men are born tree and equal, is a very pretty oiia, and I suppose that equality in property is about as desirable as equ.-ilityin political right* ; and as much political capiiai could be made out of thia idea, as nioBi of Uie other Uusu^ 8 bu ear (c, llicy arf iiioMo- u J iiirp.it<-ii I . fiibvi-rt llie vt-ry founilalioiis ol a: II |iur!.uii o( a MMgle idea. In nirsuil olun at . lo><- M;;lii ol' all ili« |>ruclieul hont'liLs of g. 1'liry lurKt'l (lint we have to lake llit- • 1 It— .inJ not as the lraii«ceiiilenl:ilisl would h».r i; 111- Hul p!lllsIlltlro|ll^t wouUI desirc Iliat Itiere ttiouM III- nritlirr a imiiir nor a place lor ctinie or misery •jnon; all Uif work* ol (Jod. Bin il lie wi re a t'liiidtian, he would not eonileinn the whole iiysteni of (;od'.< provi- dence l>e.«ii»e It did not conrorui to hii< views. I would *ucr*>l I" '"" (raiLvenilental and perfeetahility rrieiid.', to du likrwup. < )ur leni« of i;overiinie t may not, in their Tirw, 111- p-rfeet; liut they were framed hy men firealer, wiarr, bett-r Uiaii oui»ilvei<,and, heretofore, have answered Uic purpoiw lur which they were intended. Our govern- lOfnt ^111 the laii^.tge of the Constitution) was created in order •• to (orni a mor« |)erfect union, lo esuihlisth justice, in«urt dommtic tniii(|Uillily, to provide for the comiiion de- fence, to promote thr i:Mier«l welfare, and to secure the bleoiiifit of liberty to oumelves and our posterity." It has done all thi», notwithsiandiiiK it^ guanntee and reco!;nition of iJie iniintuiKiiiit of Uie South. It will continue to do so, If yi>u renfMci it* coinpromises— otJierwise il must fall, and Ittii I 'moil murtt periHh. I would ai>k our northern friends, Mr. Chairman, before wparaliti; fhmi u.-, lo calculate whal we are worth to tliein. To the N. rth Ihis I'nion is indeed a pearl heyond price — it U worth more thnn all thi- political capital you can make out ol till" abolition aiitalimi. And I say to you in all can- dor, ih.^t you mu«l relinquish the one or the other. The capital iiivefted in abolition and free-soiiism is but Kniall in itiiiotint^it I* rather a peddling hii.-iniss, and Ihouch it> discontinuance iiiii;ht break many a small trader in politics, I ^up|>liiical bankrupt law, which would give you ab- •iilulion on full coiifessioii and repentance. Itut, to be sc- nous. i>ir, iiide|Hriident of all considerations of patriotism, I would un;i- our iiorlliern brethren to calculate in dollars- and crnn wh:il tins IJiiion 18 worth to lliein. 1 \;ould ask lli^m to iiii|iiire who pays the taxes of this Government, and who r«reiveii tli'-m. I would auk the manufacturers ol cot- ton, whiiiie conns i:,e raw material, and where i.s the tn.viiifaetiirrd article «old— and whence comes the protec- Uoii ol drar ;n perrenl. upon all northern labor and capital ' Who fiiiiii .he., ilie frei^lilf lor your shipping intereht .' Where do yciu iiiid ilii: proliiH ol your coiiiiiierce and navigation .' Why h.ive »ou the eiiiue coasting trade.' Yes, Mr. Chair- niaii, till" Union iri known to the people of the North only bi lu Mr-.ninjis ; to lis ol tlie South only by its burdens. Whrn you roiii» to pay the t;ms of aseparate government, wr will «) e wlK'tlier or not yiiM wiil always vote to np- p«)pri«te money, and lo increase t.ixes. 'J'he Union is to you una>!u:teraled good— rvery governnienial tax is to you a bounty, and every burden a liles^im*. Without the Ij'niuD your liwlories will rot down, and gra-ss grow in jroof »tirei«. Ml. Chriirnian, i will not discnsKihe i|uestioii ol tie |Miwpr of the Houtli lo iiiaintain her indi pendent e.v- »»lcnrr B«.iii,>i all eoinerii. I will simply s.iy that we would hr rtroiiKer and r.cher than any people upon eailli, with likP nuinlwr*. Money U the sinew of w.ii, and tins we would li4Vc In abundance, with lighter taxes than we now pay in liinmi ol profound pear... Hut this (|uestioii ought u»i t" I.' ■•t«-.i— . d. I w ill not nut diiM'uss it. I iru.tt it W ' ■ :' V . •f the feeling of homillty which ex ''' -'iMiih, IS (lolitical, and ought not to U' .1. ti 1- Hid.-ofthe IlouM-. Onegroiindof «•'■ '< Ibe »4ouih hail had un undue proportion ol ^' I ihi" (J'.viriimint. For instanre, we have t> ' I'remiJpiiti.. Now. rniglit it to be c.liix? ol r- I u", or J.'iil.iii.y touariN lis, tlial WnHJi- ti '. Ma:i«on, Moiiroi-. Jarkxoii, mid I'olk, •' '""' f^"' lh''y were treat iinil ulorious n*mr», III.4 wr all uliniild b.- proud ol them amiur coun Ujrinni. Hiil, Mr. I'lialim:iii, Un- Irm- r.iu^e of the Souili '••»iJi« twld inan; of tlio luipurunt oIIUm haa not been in consequence of sectional feeling, hut it has arisen from iJi* fact, that from the days of Washington until now, llic strength ol the Democratic party has been in the South, and elections liave turned upon Democratic princi|>les, and our victories have by us always been esteemed triuuiphs d" principle and not of section. 1 trust the tiiiii will never come, when on questions of this character we will love uur section more tlian our principles or our comiiiun country. Washinglon, sir, in his Farewell Address, has warned us against " tlie impostures of preiendi d patriohsai, and the mischiefs of foreign intrigue.'' I have already .-.pokeii lo you of the one, I will now briefly refer lo the other. I will not sny that 1 have the evidence of such iiitrisue. Inn this I will say, that llie Abolition and Free Soil movemeul isdoin; that which, of all things earthly, is most desired by all iJie despots of Kurope. They look upon our institutions wilh jealousy, and would be greatly pleased at their destruction : and I presume that no man here entertains a doubt that thii- .tgitation threatens to bring about a dissolution ol the Union. England knows and fears our naval and commercial rivalry, and nothing but the dissolution of (his Union can save to her the a.